[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7900 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 467
117th CONGRESS
2d Session
H. R. 7900
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2022
Received
August 3, 2022
Read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2023 for military
activities of the Department of Defense and for military construction,
and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``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 nine 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--Other Matters.
(7) Division G--Don Young Coast Guard Authorization Act of
2022.
(8) Division H--Financial Transparency.
(9) Division I--Public Lands.
(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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Navy Programs
Sec. 111. Requirements relating to EA-18G aircraft of the Navy.
Sec. 112. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 113. Authority for procurement of additional Arleigh Burke class
destroyer.
Sec. 114. Authority for certain procurements for the Ship-to-Shore
Connector program.
Sec. 115. Authority to procure airframes and engines for CH-53K King
Stallion heavy-lift helicopters.
Sec. 116. Prohibition on availability of funds for retirement of HSC-85
aircraft.
Sec. 117. Quarterly briefings on the CH-53K King Stallion helicopter
program.
Sec. 118. Funding for additional Joint Strike Fighter aircraft.
Sec. 119. Report on advance procurement for CVN-82 and CVN-83.
Sec. 119A. Report on applicability of DDG(X) electric-drive propulsion
system.
Sec. 119B. Prohibition on availability of funds for disposal of
Littoral Combat Ships.
Subtitle C--Air Force Programs
Sec. 121. Modification of inventory requirements for aircraft of the
combat air forces.
Sec. 122. Modification of minimum inventory requirement for air
refueling tanker aircraft.
Sec. 123. Requirements relating to F-22 aircraft.
Sec. 124. Modification of inventory requirements and limitations
relating to certain air refueling tanker
aircraft.
Sec. 125. Repeal of Air Force E-8C force presentation requirement.
Sec. 126. Minimum inventory of C-130 aircraft.
Sec. 127. Authority to procure upgraded ejection seats for certain T-
38A aircraft.
Sec. 128. Prohibition on availability of funds for retirement of C-40
aircraft.
Sec. 129. Prohibition on availability of funds for procurement of
bridge tanker aircraft.
Sec. 130. Prohibition on availability of funds for termination of
production lines for HH-60W aircraft.
Sec. 131. Prohibition on certain reductions to B-1 bomber aircraft
squadrons.
Sec. 132. Limitation on retirement of E-3 Airborne Warning and Control
System aircraft.
Sec. 133. Requirements study and acquisition strategy for the combat
search and rescue mission of the Air Force.
Sec. 134. Plan for transfer of KC-135 aircraft to the Air National
Guard.
Sec. 135. Annual report on T-7A Advanced Pilot Training System.
Sec. 136. Report on F-22 aircraft force laydown.
Sec. 137. Limitation on divestment of F-15 aircraft.
Sec. 138. Funding for C-130 Modular Airborne Firefighting System.
Sec. 139. Requirement to maintain fleet of manned intelligence,
surveillance, and reconnaissance aircraft.
Sec. 139A. Procurement authority for commercial engineering software.
Sec. 139B. Sense of congress regarding united states air national guard
refueling mission.
Subtitle D--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Charging stations at commissary stores and military
exchanges.
Sec. 142. Increase Air Force and Navy use of used commercial dual-use
parts in certain aircraft and engines.
Sec. 143. Assessment and report on military rotary wing aircraft
industrial base.
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. Clarification of role of senior official with principal
responsibility for artificial intelligence
and machine learning.
Sec. 212. Role of the Chief Digital and Artificial Intelligence Officer
in fostering interoperability among joint
force systems.
Sec. 213. Modification of defense laboratory modernization pilot
program.
Sec. 214. Support for research and development of bioindustrial
manufacturing processes.
Sec. 215. Activities to support the use of metal additive manufacturing
for the subsurface fleet of the Navy.
Sec. 216. Digital mission operations platform for the Space Force.
Sec. 217. Air-breathing test capacity upgrade to support critical
hypersonic weapons development.
Sec. 218. Information on use of commercial software for the warfighter
machine interface of the Army.
Sec. 219. Measures to increase the capacity of historically Black
colleges and universities and other
minority-serving institutions to achieve
very high research activity status.
Sec. 220. Pilot program to support the development of patentable
inventions in the Department of the Navy.
Sec. 221. Pilot program to facilitate the research, development, and
production of advanced battery technologies
for warfighters.
Sec. 222. Pilot program on research and development of plant-based
protein for the Navy.
Sec. 223. Allowable uses of funds under the Commercial Weather Data
Pilot Program of the Air Force.
Sec. 224. Pilot program on use of digital twin technologies in the
Armed Forces.
Sec. 225. Funding for advanced above water sensors.
Sec. 226. Biofuel and fuel cell vehicle research, development, and
demonstration program.
Sec. 227. Radar obstruction research, development, test, and evaluation
program.
Sec. 228. Funding for research and development relating to rare earth
elements.
Sec. 229. Funding for National Defense Education Program.
Sec. 229A. Funding for high energy laser and certain emerging
technology initiatives.
Sec. 229B. Department of Defense advanced technology investment
incentive pilot program.
Sec. 229C. Funding for development of measures to prevent infections
caused by severe fractures.
Sec. 229D. Funding for research into the effects of head-supported mass
on cervical spine health.
Sec. 229E. Requirement for separate program element for the multi-
medicine manufacturing platform program.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Modification of national security strategy for national
technology and industrial base.
Sec. 232. Defense Advanced Research Projects Agency Innovation
Fellowship Program.
Sec. 233. Report on efforts to increase the participation of
historically Black colleges and
universities and other minority-serving
institutions in the research and
development activities of the Department of
Defense.
Sec. 234. Assessment of test infrastructure and priorities related to
hypersonic capabilities and related
technologies and hypersonic test strategy.
Sec. 235. Independent review and assessment of test and evaluation
resource planning.
Sec. 236. Study on costs associated with underperforming software and
information technology.
Sec. 237. Study and report on sufficiency of test and evaluation
resources for certain major defense
acquisition programs.
Sec. 238. Periodic reports on risk distribution within research,
development, test, and evaluation
activities.
Sec. 239. Review and report on offensive hypersonic weapons programs of
the Department of Defense.
Sec. 240. Report on potential for increased utilization of the
Electronic Proving Grounds testing range.
Sec. 241. Sense of Congress on the additive manufacturing and machine
learning initiative of the Army.
Sec. 242. Funding for robotics supply chain research.
Sec. 243. Funding for enterprise digital transformation with commercial
physics simulation.
Sec. 244. Report on national security applications for fusion energy
technology.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Sec. 302. Funding for Army Community Services.
Subtitle B--Energy and Environment
Sec. 311. Equivalent authority for environmental restoration projects
at National Guard training sites.
Sec. 312. Amendment to budgeting of Department of Defense relating to
extreme weather.
Sec. 313. Prototype and demonstration projects for energy resilience at
certain military installations.
Sec. 314. Pilot program for transition of certain nontactical vehicle
fleets of Department of Defense to electric
vehicles.
Sec. 315. Pilot program on use of sustainable aviation fuel.
Sec. 316. Policy to increase disposition of spent advanced batteries
through recycling.
Sec. 317. Guidance and target deadline relating to formerly used
defense sites programs.
Sec. 318. Budget information for alternatives to burn pits.
Sec. 319. Program to track and reduce Scope 3 emissions and energy
costs.
Sec. 320. Requirement to include information relating to electric
vehicle charging in certain military
construction project proposals.
Sec. 321. Sense of Congress regarding electric or zero-emission
vehicles for non-combat vehicle fleet.
Sec. 322. Study on environmental contamination and cleanup associated
with Thorium-230 and related substances.
Sec. 323. Destruction of materials containing PFAS with technologies
not requiring incineration.
Sec. 324. Analysis and plan for addressing heat island effect on
military installations.
Sec. 325. Comptroller General report on acceleration and improvement of
environmental cleanup of Vieques and
Culebra, Puerto Rico.
Sec. 326. Report on Department of Defense flood mapping efforts.
Sec. 327. Biannual leak inspections of Navy and Air Force underground
storage tanks on Guam.
Sec. 328. Additional special considerations for energy performance
goals and energy performance master plan.
Sec. 329. Clarification and requirement for Department of Defense
relating to renewable biomass and biogas.
Subtitle C--Red Hill Bulk Fuel Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Activities prior to decommissioning of Red Hill Bulk Storage
Facility.
Sec. 333. Limitation on use of funds pending award of certain projects
and implementation of certain
recommendations.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red
Hill Bulk Fuel Facility.
Sec. 335. Report on Department of Defense efforts to track health
implications of fuel leaks at Red Hill Bulk
Fuel Facility.
Sec. 336. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 337. Study on alternative uses for Red Hill Bulk Fuel Facility.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Prizes for development of non-PFAS-containing turnout gear.
Sec. 342. Modification to restriction on Department of Defense
procurement of certain items containing
perfluorooctane sulfonate or
perfluorooctanoic acid.
Sec. 343. Prohibition on purchase by Department of Defense of
firefighting equipment containing per- and
polyfluoroalkyl substances.
Sec. 344. Standards for response actions with respect to PFAS
contamination.
Sec. 345. List of certain PFAS uses deemed essential; 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. Independent study relating to fuel distribution logistics
across United States Indo-Pacific Command.
Sec. 354. Programs of military departments on reduction of fuel
reliance and promotion of energy-aware
behaviors.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
Sec. 361. Budgeting for depot and ammunition production facility
maintenance and repair: annual report.
Sec. 362. Extension of authorization of depot working capital funds for
unspecified minor military construction.
Sec. 363. Modification to minimum capital investment for certain
depots.
Sec. 364. Continuation of requirement for biennial report on core
depot-level maintenance and repair.
Sec. 365. Continuation of requirement for annual report on funds
expended for performance of depot-level
maintenance and repair workloads.
Sec. 366. Five-year plans for improvements to depot and ammunition
production facility infrastructure.
Sec. 367. Clarification of calculation for certain workload carryover
of Department of Army.
Subtitle G--Reports
Sec. 371. Annual reports by Deputy Secretary of Defense on activities
of Joint Safety Council.
Sec. 372. Quarterly reports on expenditures for establishment of fuel
distribution points in INDOPACOM area of
responsibility.
Sec. 373. Secretary of Defense report on establishing procedure for
alerting about exposure to perfluoroalkyl
substances.
Sec. 374. Report on effects of wildfire and drought conditions on
military readiness at United States Naval
Observatory Flagstaff Station.
Sec. 375. Reports relating to aqueous film-forming foam substitutes and
PFAS contamination at certain
installations.
Sec. 376. Briefings on implementation of recommendations relating to
safety and accident prevention.
Subtitle H--Other Matters
Sec. 381. Accountability for military working dogs.
Sec. 382. Membership of Coast Guard on Joint Safety Council.
Sec. 383. Requirement of Secretary of Defense to reimburse State costs
of fighting certain wildland fires.
Sec. 384. Expanded consultation in training of National Guard personnel
on wildfire response.
Sec. 385. Interagency collaboration and extension of pilot program on
military working dogs and explosives
detection.
Sec. 386. Establishment of Army and Air Force Safety Commands;
implementation of accident investigation
recommendations.
Sec. 387. National standards for Federal fire protection at military
installations.
Sec. 388. Pilot program for tactical vehicle safety data collection.
Sec. 389. Requirement for public disclosure of results of Department of
Defense lead testing.
Sec. 390. Briefing relating to use of recycled rubber waste products by
Department of Defense.
Sec. 391. Revival of report on non-federalized National Guard
personnel, training, and equipment
requirements.
Sec. 392. Use of amounts available to Department of Defense for
operation and maintenance for removal of
munitions and explosives of concern in
Guam.
Sec. 393. Funding for Utility Helicopter Mods.
Sec. 394. Sense of Congress regarding the use of working dogs to detect
early stages of diseases.
Sec. 395. Requirements to reduce out-of-pocket costs of members of the
Armed Forces for uniform items.
Sec. 396. Recognition of service of military working dogs.
Sec. 397. Maintenance of publicly accessible website by Joint Safety
Council.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
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. Distribution of commissioned officers on active duty in
general officer and flag officer grades.
Sec. 502. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.
Sec. 503. Exclusion of lead special trial counsel from limitations on
general officers and flag officers on
active duty.
Sec. 504. Constructive service credit for certain officers of the Armed
Forces: authorization; special pay.
Sec. 505. Clarification of grade of Surgeon General of the Navy.
Sec. 506. Assessments of staffing in the Office of the Secretary of
Defense and other Department of Defense
headquarters offices.
Sec. 507. Survey of chaplains.
Sec. 508. Independent review of Army officer performance evaluations.
Subtitle B--Reserve Component Management
Sec. 511. Grades of certain chiefs of reserve components.
Sec. 512. Grade of Vice Chief of the National Guard Bureau.
Sec. 513. Backdating of effective date of rank for reserve officers in
the National Guard due to undue delays in
Federal recognition.
Sec. 514. Financial assistance program for specially selected members:
Army Reserve and Army National Guard.
Sec. 515. Inspections of National Guard.
Sec. 516. Requirement of consent of the chief executive officer for
certain full-time National Guard duty
performed in a State, Territory, or the
District of Columbia.
Sec. 517. Extension of National Guard support for FireGuard program.
Sec. 518. Notice to Congress before certain actions regarding units of
certain reserve components.
Sec. 519. Plan to ensure reasonable access to the Junior Reserve
Officers' Training Corps.
Sec. 519A. Inclusion of additional information on the Senior Reserve
Officers' Training Corps in reports
accompanying the national defense strategy.
Sec. 519B. Additional matters relating to support for FireGuard
program.
Sec. 519C. Divestiture of Tactical Control Party.
Sec. 519D. Recognition of the Army Interagency Training and Education
Center as a joint activity of the National
Guard; report.
Sec. 519E. Enhancement of National Guard Youth Challenge Program.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Notification to next of kin upon the death of a member of the
Armed Forces.
Sec. 522. Direct acceptance of gifts from certain sources by enlisted
members.
Sec. 523. Limitation of extension of period of active duty for a member
who accepts a fellowship, scholarship, or
grant.
Sec. 524. Briefing and report on administrative separation boards.
Sec. 525. Elimination of time limit for mandatory characterizations of
administrative discharges of certain
members on the basis of failure to receive
COVID-19 vaccine.
Sec. 526. Prohibition on use of photographs by certain military
promotion boards.
Sec. 527. Gender-neutral fitness standards for combat military
occupational specialties of the Army.
Sec. 528. Retention and recruitment of members of the Army who
specialize in air and missile defense
systems.
Sec. 529. Pilot program on remote personnel processing in the Army.
Sec. 529A. Improving oversight of military recruitment practices in
public secondary schools.
Sec. 529B. Enlistments: compilation of directory and other prospective
recruit information.
Sec. 529C. Continuing military service for certain members eligible for
chapter 61 retirement.
Sec. 529D. Sense of Congress regarding the Port Chicago 50.
Sec. 529E. Treatment of personally identifiable information regarding
prospective recruits.
Sec. 529F. Implementation of certain recommendations regarding
screening individuals who seek to enlist in
the Armed Forces and countering extremist
activity in the Department of Defense.
Sec. 529G. Best practices for the retention of certain female members
of the Armed Forces.
Sec. 529H. Record of military service for members of the Armed Forces.
Subtitle D--Military Justice
Sec. 531. Sexual Harassment Independent Investigations and Prosecution.
Sec. 532. Matters in connection with special trial counsel.
Sec. 533. Standards for imposition of commanding officer's non-judicial
punishment.
Sec. 534. Special trial counsel of the Air Force.
Sec. 535. Financial assistance for victims of offenses under the
Uniform Code of Military Justice.
Sec. 536. Addressing sex-related offenses and sexual harassment
involving members of the National Guard.
Sec. 537. Prohibition on sharing of information on domestic violence
incidents.
Sec. 538. Mandatory notification of members of the Armed Forces
identified in certain records of criminal
investigations.
Sec. 539. Sentencing parameters under the Uniform Code of Military
Justice for hate crimes.
Sec. 539A. Limitation on availability of funds for relocation of Army
CID special agent training course.
Sec. 539B. Recommendations for sentencing of marijuana-based offenses
under the Uniform Code of Military Justice.
Sec. 539C. Report on sharing information with counsel for victims of
offenses under the Uniform Code of Military
Justice.
Sec. 539D. Public availability of military commission proceedings.
Sec. 539E. Review and report on the definition of consent for purposes
of the offenses of rape and sexual assault
under the Uniform Code of Military Justice.
Sec. 539F. Standards and reports relating to cases overseen by military
criminal investigative organizations.
Subtitle E--Other Legal Matters
Sec. 541. Clarifications of procedure in investigations of personnel
actions taken against members of the Armed
Forces in retaliation for protected
communications.
Sec. 542. Primary prevention of violence.
Sec. 543. Treatment of certain complaints from members of the Armed
Forces.
Sec. 544. Pilot program on financial assistance for victims of domestic
violence.
Sec. 545. Agreements with civilian victim service agencies.
Sec. 546. Activities to improve information sharing and collaboration
on matters relating to the prevention of
and response to domestic abuse and child
abuse and neglect among military families.
Sec. 547. Inspector General investigation into discrimination against
members and employees of Middle Eastern and
North African descent.
Sec. 548. Time limit for processing certain administrative complaints.
Sec. 549. Review and report on administration of sexual harassment
claims.
Sec. 549A. Interagency task force to protect members, veterans, and
military families from financial fraud.
Sec. 549B. Exclusion of evidence obtained without prior authorization.
Subtitle F--Member Education
Sec. 551. Increase in maximum number of students enrolled at Uniformed
Services University of the Health Sciences.
Sec. 552. Authorization of certain support for military service academy
foundations.
Sec. 553. Agreement by a cadet or midshipman to play professional sport
constitutes a breach of service obligation.
Sec. 554. Naval Postgraduate School: attendance by enlisted members.
Sec. 555. Authority to waive tuition at United States Air Force
Institute of Technology for certain private
sector civilians.
Sec. 556. Terms of Provost and Academic Dean of the United States Air
Force Institute of Technology.
Sec. 557. Establishment of consortium for curricula in military
education.
Sec. 558. Establishment of consortium of institutions of military
education for cybersecurity matters.
Sec. 559. Commission on Professional Military Education.
Sec. 559A. Increase in the number of individuals from the District of
Columbia who may be appointed to military
service academies.
Sec. 559B. Modification of annual report on demographics of military
service academy applicants.
Sec. 559C. Report on treatment of China in curricula of professional
military education.
Sec. 559D. Speech disorders of cadets and midshipmen.
Sec. 559E. Amendments to pathways for counseling in the Transition
Assistance Program.
Subtitle G--Member Training and Transition
Sec. 561. Information regarding apprenticeships for members during
initial entry training.
Sec. 562. Extremist activity by a member of the Armed Forces: notation
in service record; TAP counseling.
Sec. 563. Codification of Skillbridge program.
Sec. 564. Training on digital citizenship and media literacy in annual
cyber awareness training for certain
members.
Sec. 565. Pilot grant program to supplement the transition assistance
program of the Department of Defense.
Sec. 566. Female members of certain Armed Forces and civilian employees
of the Department of Defense in STEM.
Sec. 567. Skillbridge: apprenticeship programs.
Sec. 568. Training on consequences of committing a crime in
preseparation counseling of the Transition
Assistance Program.
Sec. 569. Participation of members of the reserve components of the
armed forces in the SkillBridge program.
Sec. 569A. Annual report on members separating from active duty who
file claims for disability benefits.
Sec. 569B. Outreach to members regarding possible toxic exposure.
Sec. 569C. Activities to assist the transition of members of the Armed
Forces and veterans into careers in
education.
Sec. 569D. Funding for Skillbridge.
Sec. 569E. Funding for Skillbridge for law enforcement training.
Sec. 569F. Numbers of certain nominations for cadets at the United
States Military Academy.
Sec. 569G. Pilot transition assistance program for military spouses.
Sec. 569H. Guidelines for active duty military on potential risks and
prevention of toxic exposures.
Sec. 569I. GAO report on use of transition programs by members of
special operations forces.
Sec. 569J. GAO report on screenings included in the health assessment
for members separating from the Armed
Forces.
Sec. 569K. Department of defense report on third-party job search
technology.
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. Rights of parents of children attending schools operated by
the Department of Defense Education
Activity.
Sec. 573. Expansion of pilot program to provide financial assistance to
members of the Armed Forces for in-home
child care.
Sec. 574. Extension of pilot program to expand eligibility for
enrollment at domestic dependent elementary
and secondary schools.
Sec. 575. Advisory panel on community support for military families
with special needs.
Sec. 576. Certain assistance to local educational agencies that benefit
dependents of military and civilian
personnel.
Sec. 577. Verification of reporting of eligible federally connected
children for purposes of Federal impact aid
programs.
Sec. 578. EFMP grant program.
Sec. 579. Promotion of certain child care assistance.
Sec. 579A. Recommendations for the improvement of the Military
Interstate Children's Compact.
Sec. 579B. Industry roundtable on military spouse hiring.
Sec. 579C. Feasibility study and report on pilot program to provide
POTFF services to separating members of
special operations forces and certain
family members.
Sec. 579D. MySTeP: provision online and in multiple languages.
Sec. 579E. 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. 579F. Surveys regarding military spouses.
Sec. 579G. Review of policies regarding single parents serving as
members of the Armed Forces.
Sec. 579H. Public reporting on certain military child care programs.
Sec. 579I. 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. 579J. Report on the effects of economic inflation on families of
members of the Armed Forces.
Sec. 579K. Report on the effects of the shortage of infant formula on
the families of members of the Armed
Forces.
Sec. 579L. Briefing on child care at Camp Bull Simons.
Subtitle I--Decorations and Awards
Sec. 581. Authority to award the Medal of Honor to a member of the
Armed Forces for acts of valor while a
prisoner of war.
Sec. 582. Authorization for award of the Medal of Honor to David R.
Halbruner for acts of valor on September
11-12, 2012.
Sec. 583. Authorization for posthumous award of Medal of Honor to
Master Sergeant Roderick W. Edmonds for
acts of valor during World War II.
Sec. 584. Rescission of Medals of Honor awarded for acts at Wounded
Knee Creek on December 29, 1890.
Sec. 585. Sense of Congress regarding service of Gary Andrew Cyr.
Sec. 586. Eligibility of veterans of Operation End Sweep for Vietnam
Service Medal.
Sec. 587. Authorization for award of Medal of Honor to E. Royce
Williams for acts of valor during the
Korean War.
Sec. 588. Authorization for award of Medal of Honor to James Capers,
Jr. for acts of valor as a member of the
Marine Corps during the Vietnam War.
Sec. 589. Inclusion of Purple Heart awards on military valor website.
Sec. 589A. Study on fraudulent misrepresentation about receipt of a
military medal or decoration.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Electronic notarization for members of the Armed Forces.
Sec. 592. Disinterments from national cemeteries.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill
at Arlington National Cemetery.
Sec. 594. Notifications on manning of afloat naval forces.
Sec. 595. Pilot program on car sharing on military installations in
Alaska.
Sec. 596. Support for members who perform duties regarding remotely
piloted aircraft: study; report.
Sec. 597. Review of marketing and recruiting of the Department of
Defense.
Sec. 598. Report on recruiting efforts of the Army.
Sec. 599. Sense of congress regarding women involuntarily separated
from the Armed Forces due to pregnancy or
parenthood.
Sec. 599A. Armed Forces workplace and gender relations surveys.
Sec. 599B. Task Force on Historical and Current Barriers to African
American Participation and Equal Treatment
in the Armed Services.
Sec. 599C. Plan to combat racial bias, discrimination, and harassment
against Asian American service members,
civilians, and contractor personnel.
Sec. 599D. Recurring report regarding COVID-19 mandate.
Sec. 599E. Pilot program on safe storage of personally owned firearms.
Sec. 599F. Report on non-citizen members of the Armed Forces.
Sec. 599G. Report on instances of antisemitism.
Sec. 599H. Annual report regarding cost of living for members and
employees of the Department of Defense.
Sec. 599I. Review of recruiting efforts for women.
Sec. 599J. Report on support for pregnant members.
Sec. 599K. Clarification of authority to solicit gifts in support of
the mission of the Defense POW/MIA
Accounting Agency to account for members of
the Armed Forces and Department of Defense
civilian employees listed as missing.
Sec. 599L. Report on efforts to prevent and respond to deaths by
suicide in the Navy.
Sec. 599M. Report on programs through which members of the Armed Forces
may file anonymous concerns.
Sec. 599N. Sense of Congress regarding Ulysses S. Grant.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Basic Pay and Allowances
Sec. 601. Exclusion of BAH from gross household income for purposes of
basic needs allowance.
Sec. 602. Basic allowance for housing for a member without dependents
whose relocation would financially
disadvantage such member.
Sec. 603. 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. 604. Allowance for gym membership for certain members of the Armed
Forces who reside more than 10 miles from a
military installation.
Sec. 605. Revival and redesignation of provision establishing benefits
for certain members assigned to the Defense
Intelligence Agency.
Sec. 606. Reimbursement of certain child care costs incident to a
permanent change of station or assignment.
Sec. 607. Allowable travel and transportation allowances: complex
overhaul.
Sec. 608. Expansion of authority to reimburse a member of the uniformed
services for spousal business costs arising
from a permanent change of station.
Sec. 609. Permanent authority to reimburse members for spouse
relicensing costs pursuant to a permanent
change of station.
Sec. 609A. Travel and transportation allowances for certain members of
the Armed Forces who attend a professional
military education institution or training
classes.
Sec. 609B. Establishment of allowance for certain relocations of pets
of members of the uniformed services.
Sec. 609C. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 609D. OCONUS cost of living allowance: adjustments; notice to
certain congressional committees.
Sec. 609E. Pay for DOD and Coast Guard child care providers: studies;
adjustment.
Subtitle B--Bonus and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Increase to maximum amounts of certain bonus and special pay
authorities.
Sec. 613. Special pay and allowances for members of the Armed Forces
assigned to cold weather operations.
Sec. 614. Authorization of incentive pay to a member of the Armed
Forces whose disclosure of fraud, waste, or
mismanagement results in cost savings to
the military department concerned.
Sec. 615. Inflation bonus pay.
Sec. 616. Establishing complex overhaul pay.
Sec. 617. Air Force rated officer retention demonstration program.
Subtitle C--Family and Survivor Benefits
Sec. 621. Expanded eligibility for bereavement leave for members of the
Armed Forces.
Sec. 622. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 623. Expansion of authorized assistance for providers of child
care services to members of the Armed
Forces.
Sec. 624. Survivor Benefit Plan open enrollment period.
Sec. 625. Study and report on military installations with limited child
care.
Sec. 626. Hunger among military families: data collection; training;
report.
Subtitle D--Defense Resale Matters
Sec. 631. Prohibition on sale of Chinese goods in commissary stores and
military exchanges.
Subtitle E--Miscellaneous Rights, Benefits, and Reports
Sec. 641. Transitional compensation and benefits for the former spouse
of a member of the Armed Forces who
allegedly committed a dependent-abuse
offense during marriage.
Sec. 642. Authorization of permissive temporary duty for wellness.
Sec. 643. Study on basic pay.
Sec. 644. Report on accuracy of basic allowance for housing.
Sec. 645. Study and report on barriers to home ownership for members of
the Armed Forces.
Sec. 646. Plan for reimbursement of certain expenses of certain members
and veterans related to Afghanistan
evacuation.
Sec. 647. Expansion of the space-available travel program to allow
certain disabled veterans to travel with a
caregiver or dependent on certain aircraft.
Subtitle F--Disability and Retired Pay
Sec. 651. Elimination of cap on additional retired pay for
extraordinary heroism for members of the
Army and Air Force who served during the
Vietnam Era.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Clarification of coverage of artificial reproductive services
for certain TRICARE beneficiaries.
Sec. 702. Clarification of coverage of certain areolar nipple tattooing
procedures under TRICARE program.
Sec. 703. TRICARE Dental for Selected Reserve.
Sec. 704. Report requirement for certain contracts under TRICARE
program.
Sec. 705. Temporary requirement for contraception coverage parity under
the TRICARE program.
Sec. 706. Rates of reimbursement for providers of applied behavior
analysis.
Sec. 707. Medical testing and related services for firefighters of
Department of Defense.
Sec. 708. Audit of behavioral health care network providers listed in
TRICARE directory.
Sec. 709. Independent analysis of quality and patient safety review
process under direct care component of
TRICARE program.
Subtitle B--Health Care Administration
Sec. 721. Congressional notification requirement to modify scope of
services provided at military medical
treatment facilities.
Sec. 722. Modification of certain deadline and requirement to transfer
research and development functions to
Defense Health Agency.
Sec. 723. Modification of requirement to transfer public health
functions to Defense Health Agency.
Sec. 724. Other transaction authority for studies and demonstration
projects relating to delivery of health and
medical care.
Sec. 725. Licensure requirement for certain health-care professionals
providing services as part of mission
relating to emergency, humanitarian, or
refugee assistance.
Sec. 726. Improvements relating to Medical Officer of the Marine Corps
position.
Sec. 727. Authority for Department of Defense program to promote early
literacy among certain young children as
part of pediatric primary care.
Sec. 728. Accountability for wounded warriors undergoing disability
evaluation.
Sec. 729. Incentive payments for retention of certain behavioral health
providers.
Sec. 730. Clarification of license portability for health care
providers providing services under Reserve
Health Readiness program.
Sec. 731. Policy of Defense Health Agency on expanded recognition of
board certifications for physicians.
Sec. 732. Sleep Apnea Screening.
Sec. 733. Demonstration project on infant and early childhood mental
health services for children of members of
the Armed Forces.
Sec. 734. Improvements to processes to reduce financial harm caused to
civilians for care provided at military
medical treatment facilities.
Sec. 735. Improvements to military medical treatment facilities and
other facilities under military health
system.
Sec. 736. Access to certain dependent medical records by remarried
former spouses.
Sec. 737. Affiliates Sharing Pilot Program.
Sec. 738. Housing first report.
Subtitle C--Studies and Reports
Sec. 741. GAO study on coverage of mental health disorders under
TRICARE program and relationship to certain
mental health parity laws.
Sec. 742. Feasibility study on establishment of new command on defense
health.
Sec. 743. Study and awareness initiative regarding use of qualified
alternative therapies to treat certain
members of the Armed Forces on terminal
leave.
Sec. 744. Report on composition of medical personnel of each military
department and related matters.
Sec. 745. Briefing and report on reduction or realignment of military
medical manning and medical billets.
Sec. 746. Report on feasability of certain licensing models for
Department of Defense-owned vaccines and
other medical interventions relating to
COVID-19.
Sec. 747. Study on the impact of military trauma and intimate partner
violence on maternal health outcomes.
Sec. 748. Report on coverage of behavioral and mental health crisis
services under TRICARE program.
Sec. 749. Report on mental health provider readiness designations.
Sec. 750. Study on provider training gaps with respect to screening and
treatment of maternal mental health
conditions.
Sec. 751. Report on mental health conditions and metabolic disease
among certain members of Armed Forces.
Sec. 752. Study on accessability of mental health providers and
services for active duty members of the
Armed Forces.
Sec. 753. Health-related behaviors survey and report.
Sec. 754. Report on Coordination, Data Sharing, and Evaluation Efforts
for Suicide Prevention.
Sec. 755. GAO study on DOD and VA mammogram and breast cancer screening
policies.
Sec. 756. Study and report on rate of cancer-related morbidity and
mortality.
Sec. 757. GAO study on access to Exceptional Family Member program and
Extended Care Health Option program by
members of reserve components.
Sec. 758. Kyle Mullen Naval safety enhancements.
Sec. 759. Report on operational and physical and mental health effects
of low recruitment and retention to Armed
Forces.
Sec. 759A. Report on maternal mortality rates of female members of the
Armed Forces.
Sec. 759B. Report on Defense Health Agency contracts.
Subtitle D--Other Matters
Sec. 761. Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl
substances as component of periodic health
assessments.
Sec. 762. Mandatory training on health effects of perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 763. Non-medical counseling services for military families.
Sec. 764. Clarifications relating to analysis of Department of Defense
Comprehensive Autism Demonstration Program
by National Academies.
Sec. 765. Clarification of eligibility for membership to independent
suicide prevention and response review
committee.
Sec. 766. Improvement to Wounded Warrior Service Dog Program.
Sec. 767. Improvements relating to behavioral health care available
under military health system.
Sec. 768. Assignment of behavioral health providers and technicians to
aircraft carriers.
Sec. 769. Department of Defense internship programs relating to
civilian behavioral health providers.
Sec. 770. Brain health initiative of Department of Defense.
Sec. 771. Authority to conduct pilot program relating to monitoring of
blast overpressure exposure.
Sec. 772. Standardization across Department of Defense of policies
relating to service by individuals
diagnosed with HBV.
Sec. 773. Certification program in provision of mental health services
to members of the Armed Forces, veterans,
and military families.
Sec. 774. Pilot program on cryopreservation and storage.
Sec. 775. Pilot program for participation by members of Selected
Reserve in health professions scholarship
and financial assistance programs.
Sec. 776. Pilot program on ensuring pharmaceutical supply stability.
Sec. 777. Establishment of partnership program between United States
and Ukraine for military trauma care and
research.
Sec. 778. Grant program for increased cooperation on post-traumatic
stress disorder research between United
States and Israel.
Sec. 779. Suicide cluster: standardized definition for use by
Department of Defense; congressional
notification.
Sec. 780. Limitation on realignment or reduction of military medical
manning end strength: certification
requirement and other reforms.
Sec. 781. Review and update of policy relating to command notification
process and reduction of mental health
stigma.
Sec. 782. Grant program to study treatment of post-traumatic stress
disorder using certain psychedelic
substances.
Sec. 783. Pilot programs of Defense Health Agency relating to sexual
health.
Sec. 784. Drop boxes on military installations for deposit of unused
prescription drugs.
Sec. 785. Funding for pancreatic cancer research.
Sec. 786. Psychological evaluations for members of the Armed Forces
returning from Kabul.
Sec. 787. Annual review and update of online information relating to
suicide prevention.
Sec. 788. Funding for post-traumatic stress disorder.
Sec. 789. Increased collaboration with NIH to combat triple negative
breast cancer.
Sec. 790. Pilot program to improve military readiness through nutrition
and wellness initiatives.
Sec. 791. Guidance for addressing healthy relationships and intimate
partner violence through TRICARE Program.
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. Data requirements for commercial item pricing not based on
adequate price competition.
Sec. 803. Preference for domestic foods for military working dogs.
Sec. 804. Life cycle management and product support.
Sec. 805. Extension of requirement to submit Selected Acquisition
Reports.
Sec. 806. Amendments to contractor employee protections from reprisal
for disclosure of certain information.
Sec. 807. Enhanced domestic content requirement for major defense
acquisition programs.
Sec. 808. Mission-Based Rapid Acquisition Account.
Sec. 809. Preference for offerors that meet certain requirements.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Membership of Coast Guard on Strategic Materials Protection
Board.
Sec. 812 . Comptroller General assessment of acquisition programs and
efforts.
Sec. 813. Subcontracting requirements for certain contracts awarded to
educational institutions.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification to indemnification authority for research and
development contracts.
Sec. 816. Competition requirements for purchases from Federal Prison
Industries.
Sec. 817. Clarification of authority of the Department of Defense to
carry out certain prototype projects.
Sec. 818. Requirements for the procurement of certain components for
certain naval vessels and auxiliary ships.
Sec. 819. Modification to prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 820. Extension of pilot program to accelerate contracting and
pricing processes.
Sec. 821. Extension and modification of Never Contract with the Enemy.
Sec. 822. Require full domestic production of flags of the United
States acquired by the Department of
Defense.
Sec. 823. Guidelines and resources on the acquisition or licensing of
intellectual property.
Sec. 824. Compliance procedures for investigating the prohibition on
criminal history inquiries by Federal
contractors prior to conditional offer.
Sec. 825. Reestablishment of Commission on Wartime Contracting.
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. Repeal of certain provisions relating to acquisition
workforce incentives.
Sec. 835. Acquisition workforce incentives relating to training on and
agreements with certain software
businesses.
Subtitle D--Provisions Relating to Software and Technology
Sec. 841. Prizes for advanced technology achievements.
Sec. 842. Congressional notification for pilot program to accelerate
the procurement and fielding of innovative
technologies.
Sec. 843. Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered
individuals.
Sec. 844. Report on covered software development.
Sec. 845. Other transaction authority clarification.
Sec. 846. Existing agreement limits for Operation Warp Speed.
Subtitle E--Industrial Base Matters
Sec. 851. Recognition of an association of eligible entities that
provide procurement technical assistance.
Sec. 852. Update to plan on reduction of reliance on services,
supplies, or materials from covered
countries.
Sec. 853. Modification to prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region.
Sec. 854. Codification of the Department of Defense Mentor-Protege
Program.
Sec. 855. Microloan program; definitions.
Sec. 856. Small Business Innovation Program extension.
Sec. 857. Prohibition on covered airport contracts with certain
entities.
Sec. 858. Risk management for Department of Defense supply chains.
Sec. 859. Review of advances in domestic production of carbon fiber.
Sec. 859A. Extension of transfer date for the verification of small
business concerns owned and controlled by
veterans or service-disabled veterans to
the Small Business Administration.
Sec. 859B. Application of price evaluation preference for qualified
HUBZone small business concerns to certain
contracts.
Sec. 859C. Codification of Small Business Administration scorecard.
Sec. 859D. Modifications to the nonmanufacturer rule.
Sec. 859E. Study on small business assistance to foreign-based
companies.
Sec. 859F. Report on strategic and critical materials.
Sec. 859G. Report and modification to the national technology and
industrial base.
Sec. 859H. Sense of Congress on modernizing defense supply chain
management.
Sec. 859I. Prohibition on the use of LOGINK.
Sec. 859J. Report on transition to Phase III for Small Business
Innovation Research and Small Business
Technology Transfer program awards.
Sec. 859K. Extension of participation in 8(a) program.
Sec. 859L. Access to contract bundling data.
Sec. 859M. Report on small business concerns owned and controlled by
women.
Sec. 859N. Native Hawaiian Organizations.
Subtitle F--Other Matters
Sec. 861. Technical correction to effective date of the transfer of
certain title 10 acquisition provisions.
Sec. 862. Regulations on use of fixed-price type contracts for major
defense acquisition programs.
Sec. 863. Notification on retention rate policy.
Sec. 864. Security clearance bridge pilot program.
Sec. 865. Department of Defense national imperative for industrial
skills program.
Sec. 866. Temporary suspension of COVID-19 vaccine mandate for
Department of Defense contractors.
Sec. 867. GAO report on Department of Defense contract financing and
commercial best practices.
Sec. 868. Prohibition on contracting with employers that violated the
National Labor Relations Act.
Sec. 869. Amendments to contracting authority for certain small
business concerns.
Sec. 870. Equitable adjustments to construction contracts.
Sec. 871. Manufacturing of insulin.
Sec. 872. Need for development and acquisition of natural rubber from
domestic herbacious plant sources.
Sec. 873. Increased competitive opportunities and strategy for certain
critical technology contractors.
Sec. 874. Duties of small business development center counselors.
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. Responsibilities of Assistant Secretary of Defense for
Special Operations and Low Intensity
Conflict.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Eligibility of Chief of the National Guard Bureau for
appointment as Chairman of the Joint Chiefs
of Staff.
Sec. 912. Clarification of peacetime functions of the Navy.
Sec. 913. Explosive ordnance disposal defense program.
Sec. 914. Modification of report regarding the designation of the
Explosive Ordnance Disposal Corps as a
basic branch of the Army.
Sec. 915. Clarification of roles and responsibilities for force
modernization efforts of the Army.
Sec. 916. Report on potential transition of all members of Space Force
into a single component.
Sec. 917. Sense of Congress on the Electromagnetic Spectrum Superiority
Strategy.
Subtitle C--Space National Guard
Sec. 921. Establishment of Space National Guard.
Sec. 922. No effect on military installations.
Sec. 923. Implementation of Space National Guard.
Sec. 924. Conforming amendments and clarification of authorities.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Determination of budgetary effects.
Sec. 1003. Sense of Congress relating to enlisted personnel
subsistence.
Sec. 1004. Sense of Congress relating to the corrective action plans
review process.
Sec. 1005. Sense of Congress relating to the Fraud Reduction Task
Force.
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. Navy consultation with Marine Corps on major decisions
directly concerning Marine Corps amphibious
force structure and capability.
Sec. 1022. Number of Navy operational amphibious ships.
Sec. 1023. Availability of funds for retirement or inactivation of
landing dock ships.
Sec. 1024. Availability of funds for retirement or inactivation of
guided missile cruisers.
Sec. 1025. Business case analyses on disposition of certain Government-
owned dry-docks.
Sec. 1026. Prohibition on use of funds for retirement of legacy
maritime mine countermeasures platforms.
Sec. 1027. Deadline for 75 percent manning fill for ships undergoing
nuclear refueling or defueling.
Sec. 1028. Prohibition on deactivation of Navy Combat Documentation
Detachment 206.
Sec. 1029. Withholding of certain information about sunken military
crafts.
Sec. 1030. Availability of funds for retirement or inactivation of
expeditionary transfer dock ships.
Sec. 1031. Availability of funds for retirement or inactivation of
Littoral Combat Ships.
Sec. 1032. Briefing on fielding of SPEIR on all surface combatant
vessels.
Sec. 1033. Report on effects of Multiple Award Contract-multi Order
contracting.
Sec. 1034. Congressional notification regarding pending retirement of
naval vessels viable for artificial
reefing.
Sec. 1034A. Award of contracts for ship repair work to non-homeport
shipyards to meet surge capacity.
Subtitle D--Counterterrorism
Sec. 1035. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain
countries.
Sec. 1036. Report on threat posed by domestic terrorists.
Sec. 1037. Consideration of human rights records of recipients of
support of special operations to combat
terrorism.
Sec. 1038. Consideration of human rights records of recipients of
support of Special Operations for irregular
warfare.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Modification of authority for humanitarian demining
assistance and stockpiled conventional
munitions assistance.
Sec. 1042. Security clearances for recently separated members of the
Armed Forces and civilian employees of the
Department of Defense.
Sec. 1043. Submission of national defense strategy in unclassified
form.
Sec. 1044. Common access cards for Department of Defense facilities for
certain congressional staff.
Sec. 1045. Introduction of entities in transactions critical to
national security.
Sec. 1046. Repository of local nationals working for or on behalf of
Federal Government in theater of combat
operations.
Sec. 1047. Transfers and pay of nonappropriated fund employees.
Sec. 1048. Establishment of joint training pipeline between United
States Navy and Royal Australian Navy.
Sec. 1049. Inspector General oversight of Department of Defense
activities in response to Russia's further
invasion of Ukraine.
Sec. 1050. Consultation of congressional defense committees in
preparation of national defense strategy.
Sec. 1051. Prohibition on use of funds for aerial fumigation in
Colombia.
Sec. 1052. Assessment of suicide risk at military installations.
Subtitle F--Studies and Reports
Sec. 1061. Briefing on Global Force Management Allocation Plan.
Sec. 1062. 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. 1063. Continuation of requirement for annual report on National
Guard and reserve component equipment.
Sec. 1064. Combatant command risk assessment for airborne intelligence,
surveillance, and reconnaissance.
Sec. 1065. Reports on effects of strategic competitor naval facilities
in Africa.
Sec. 1066. Annual reports on safety upgrades to the high mobility
multipurpose wheeled vehicle fleets.
Sec. 1067. Quarterly reports on Operation Spartan Shield.
Sec. 1068. Congressional notification of military information support
operations in the information environment.
Sec. 1069. Department of Defense delays in providing comments on
Government Accountability Office reports.
Sec. 1070. Reports on hostilities involving United States Armed Forces.
Sec. 1071. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1072. Justification for transfer or elimination of flying
missions.
Sec. 1073. Equipment of Army reserve components: annual report to
Congress.
Sec. 1074. Public availability of reports.
Sec. 1075. Quarterly reports on expenditures for planning and design of
infrastructure to support permanent United
States force presence on Europe's eastern
flank.
Sec. 1076. Study on military training routes and special use air space
near wind turbines.
Sec. 1077. Study on Joint Task Force Indo-Pacific.
Sec. 1078. Biannual Department of Defense Inspector General reporting
on response to Russian aggression and
assistance to Ukraine.
Sec. 1079. Review of security assistance provided to Elie Wiesel
countries.
Sec. 1079A. Report on Department of Defense practices regarding
distinction between combatants and
civilians in United States military
operations.
Sec. 1079B. Report on Department of Defense recruitment advertising to
racial and ethnic minority communities.
Sec. 1079C. Public availability of information about cost of United
States overseas military footprint.
Sec. 1079D. Study and report on potential inclusion of black box data
recorders in tactical vehicles.
Sec. 1079E. Report on the strategy and engagement efforts of the Armed
Forces in Hawaii.
Sec. 1079F. Department of Defense engagement with Native Hawaiian
organizations.
Sec. 1079G. FFRDC study on shipyard infrastructure optimization program
efforts to optimize, recapitalize and
reconfigure facilities and industrial plant
equipment.
Sec. 1079H. Study on efforts of the Department of Defense to reduce the
use of single-use plastics.
Sec. 1079I. Report on Littoral Explosive Ordnance Neutralization
program of record.
Sec. 1079J. Assessment, plan, and reports on the automated surface
observing system.
Sec. 1079K. Annual report on use of social media by foreign terrorist
organizations.
Sec. 1079L. Report on protection of members of the Armed Forces from
Russian-sponsored armed attacks.
Sec. 1079M. Report on desalinization technology.
Sec. 1079N. Report on Department of Defense military capabilities in
the Caribbean.
Sec. 1079O. Annual report on unfunded priorities of Defense POW/MIA
Accounting Agency.
Sec. 1079P. Review of Navy study on Requirements for and Potential
Benefits of Realistically Simulating Real
World and Near Peer Adversary Submarines.
Sec. 1079Q. Report on unmanned traffic management systems at military
bases and installations.
Sec. 1079R. Report on non-domestic fuel use.
Sec. 1079S. Report on human trafficking as a result of Russian invasion
of Ukraine.
Subtitle G--Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Ronald V. Dellums Memorial Fellowship for Women of Color in
STEAM.
Sec. 1083. Combating military reliance on Russian energy.
Sec. 1084. Commission on Civilian Harm.
Sec. 1085. Department of Defense Center for Excellence in Civilian Harm
Mitigation.
Sec. 1086. Sense of Congress regarding naming a warship the USS
Fallujah.
Sec. 1087. Standardization of sectional barge construction for
Department of Defense use on rivers and
intercoastal waterways.
Sec. 1088. Sense of Congress regarding naming warships after deceased
Navy Medal of Honor recipients.
Sec. 1089. Sense of Congress regarding the service and crew of the USS
Oklahoma City.
Sec. 1090. Target date for deployment of 5G wireless broadband
infrastructure at all military
installations.
Sec. 1091. Inclusion of Air Force student pilots in personnel metrics
for establishing and sustaining dining
facilities at Air Education and Training
Commands.
Sec. 1092. Sense of Congress regarding conduct of international naval
review on July 4, 2026.
Sec. 1093. Sense of Congress regarding crisis at the Southwest border.
Sec. 1094. National Commission on the Future of the Navy.
Sec. 1095. Transfer of aircraft to other departments for wildfire
suppression and other purposes.
Sec. 1096. National Museum of Intelligence and Special Operations.
Sec. 1097. Availability of information regarding procurement of
equipment by State and local governments
through the Department of Defense.
Sec. 1098. Report on purchase and use by Department of Defense of
location data generated by Americans'
phones and their internet metadata.
Sec. 1099. National tabletop exercise.
Sec. 1099A. Greenhouse gas mitigation actions and results dashboard.
Sec. 1099B. Administration of risk-based surveys to certain educational
institutions.
Sec. 1099C. Briefing on Guam and Northern Mariana Islands military
construction costs.
Sec. 1099D. Resources to implement Department of Defense policy on
civilian harm in connection with United
States military operations.
Sec. 1099E. Availability of modular small arms range for Army Reserve
in Puerto Rico.
Sec. 1099F. Independent epidemiological analysis of health effects from
exposure to Department of Defense
activities in Vieques.
Sec. 1099G. Participation in Federal Transportation Incentive PRogram.
Sec. 1099H. Report on initiatives of Department of Defense to source
locally and regionally produced foods for
installations of the Department.
Sec. 1099I. Limitations on sale and use of portable heating devices on
military installations.
Sec. 1099J. Training and information for first responders regarding aid
for victims of trauma-related injuries.
Sec. 1099K. Public availability of cost of certain military operations
to each United States taxpayer.
Sec. 1099L. Report on Department of Defense plan to achieve strategic
overmatch in the information environment.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on
pay for Federal civilian employees working
overseas.
Sec. 1102. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
Sec. 1103. Standardized credentials for law enforcement officers of the
Department of Defense.
Sec. 1104. Temporary extension of authority to provide security for
former Department of Defense officials.
Sec. 1105. Increase in positions eligible for enhanced pay authority
for certain research and technology
positions in science and technology
reinvention laboratories.
Sec. 1106. GAO Report on Federal Employee Paid Leave Act.
Sec. 1107. Inflation bonus pay for certain Department of Defense
civilian employees.
Sec. 1108. Flexible workplace programs.
Sec. 1109. GAO study on Federal Wage System parity with local
prevailing wage rate.
Sec. 1110. Temporary authority to appoint retired members of the Armed
Forces to Military Health System positions.
Sec. 1111. Purchase of retired handguns by Federal law enforcement
officers.
Sec. 1112. National Digital Reserve Corps.
Subtitle B--PLUM Act of 2022
Sec. 1121. Short title.
Sec. 1122. Establishment of public website on Government policy and
supporting positions.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modifications to annual reports on security cooperation.
Sec. 1202. Modification to authority to provide support for conduct of
operations.
Sec. 1203. Extension and modification of authority for reimbursement of
certain coalition nations for support
provided to United States military
operations.
Sec. 1204. Modification to authority to build capacity of foreign
security forces.
Sec. 1205. Public report on military capabilities of China, Iran, North
Korea, and Russia.
Sec. 1206. Security cooperation programs with foreign partners to
advance women, peace, and security.
Sec. 1207. Strategy for security cooperation.
Sec. 1208. General Thaddeus Kosciuszko Exchange Program.
Sec. 1209. Assessment, monitoring, and evaluation of programs and
activities.
Sec. 1209A. Report on chief of mission concurrence.
Sec. 1209B. Repeal of limitation on costs covered under humanitarian
demining assistance.
Sec. 1209C. Modification to fellowship program to add training relating
to urban warfare.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of the Afghan Special Immigrant
Visa Program.
Sec. 1212. Additional matters for inclusion in reports on oversight in
Afghanistan.
Sec. 1213. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1222. Extension and modification of authority to provide
assistance to counter the Islamic State of
Iraq and Syria.
Sec. 1223. Extension of authority to support operations and activities
of the Office of Security Cooperation in
Iraq.
Sec. 1224. Extension and modification of report on the military
capabilities of Iran and related
activities.
Sec. 1225. Prohibition on transfers to Iran.
Sec. 1226. Report on assisting Iranian dissidents and people access
telecommunications tools.
Sec. 1227. State Department authorization for pavilion at Expo 2025
Osaka.
Sec. 1228. Report on the U.N. arms embargo on Iran.
Sec. 1229. Report on Islamic Revolutionary Guard Corps-affiliated
operatives abroad.
Sec. 1229A. Repeal of Authorization for Use of Military Force Against
Iraq Resolution of 2002.
Sec. 1229B. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated
networks linked to the regime of Bashar al-
Assad in Syria.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1232. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1233. Prohibition on availability of funds relating to sovereignty
of Russia over Crimea.
Sec. 1234. Assessment of Russian strategy in Ukraine.
Sec. 1235. Report on efforts by the Russian Federation to expand its
presence and influence in Latin America and
the Caribbean.
Sec. 1236. Expansion of cooperation and training with Ukraine.
Sec. 1237. Statement of policy.
Sec. 1238. Report on Department of Defense plan for responding to
Russia's invasion of Ukraine.
Sec. 1239. Prohibition on Russian participation in the G7.
Sec. 1240. Condemning detention and indictment of Russian opposition
leader Vladimir Vladimirovich Kara-Murza.
Sec. 1241. Task force to track security assistance to Ukraine.
Sec. 1242. Report on risk of nuclear war in Ukraine.
Sec. 1243. Report on distribution and use of weapons in Ukraine.
Sec. 1244. Report from Council of the Inspectors General on Ukraine.
Subtitle E--Matters Relating to Europe and NATO
Sec. 1261. Sense of Congress on United States defense posture in Europe
following the further invasion of Ukraine.
Sec. 1262. Sense of Congress on NATO membership for Finland and Sweden.
Sec. 1263. Matters relating to climate change at NATO.
Sec. 1264. Baltic Reassurance Act.
Sec. 1265. Report on efforts of NATO to counter misinformation and
disinformation.
Sec. 1266. Improvements to the NATO Strategic Communications Center of
Excellence.
Sec. 1267. Sense of Congress on enhancing strategic partnership,
defense and security cooperation with
Georgia.
Sec. 1268. Report on improved diplomatic relations and defense
relationship with Albania.
Sec. 1269. Restriction of entities from using Federal funds from
engaging, entering into, and awarding
public works contracts.
Sec. 1270. Modification to United States membership in
interparliamentary group.
Sec. 1271. Limitation on transfer of F-16 aircraft.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to the Indo-Pacific Region
Sec. 1301. Modification to annual report on military and security
developments involving the People's
Republic of China.
Sec. 1302. Sense of Congress on South Korea.
Sec. 1303. Sense of Congress on Taiwan defense relations.
Sec. 1304. Sense of Congress and report on United States security
cooperation with India.
Sec. 1305. Modification to report on resourcing United States defense
requirements for the Indo-Pacific region
and report on enhancing defense cooperation
with allies and partners in the Indo-
Pacific.
Sec. 1306. Report on support and sustainment for critical capabilities
in the area of responsibility of the United
States Indo-Pacific Command necessary to
meet operational requirements in certain
conflicts with strategic competitors.
Sec. 1307. Modification to Pacific Deterrence Initiative.
Sec. 1308. Seize the Initiative.
Sec. 1309. Modification to China military power report.
Sec. 1310. Modifications to public reporting of Chinese military
companies operating in the United States.
Sec. 1311. Reporting on institutions of higher education domiciled in
the People's Republic of China that provide
support to the People's Liberation Army.
Sec. 1312. Sense of Congress on inviting Taiwan to the Rim of the
Pacific exercise.
Sec. 1313. Joint exercises with Taiwan.
Sec. 1314. Taiwan defense cooperation.
Sec. 1315. 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. 1316. Addition to next annual report on military and security
developments involving China.
Sec. 1317. Sense of Congress on enhancing NATO efforts to counter
misinformation and disinformation.
Sec. 1318. Sense of Congress relating to the NATO Parliamentary
Assembly.
Sec. 1319. Report on Indo-Pacific region.
Sec. 1320. Sense of Congress regarding the status of China.
Sec. 1321. Report on providing access to uncensored media in China.
Subtitle B--Other Matters Relating to Foreign Nations
Sec. 1331. Support of special operations for irregular warfare.
Sec. 1332. Permanent extension of authority for certain payments to
redress injury and loss.
Sec. 1333. Extension of United States-Israel cooperation to counter
unmanned aerial systems.
Sec. 1334. Modification and extension of United States-Israel
cooperation to counter unmanned aerial
systems.
Sec. 1335. Modification to initiative to support protection of national
security academic researchers from undue
influence and other security threats.
Sec. 1336. Annual report on role of antisemitisim in violent extremist
movements.
Sec. 1337. Use of United States-origin defense articles in Yemen.
Sec. 1338. Sense of Congress regarding Israel.
Sec. 1339. Sense of Congress and briefing on multinational force and
observers.
Sec. 1340. Comprehensive strategy to counter gray zone operations and
other hybrid warfare methods.
Sec. 1341. Study on Department of Defense support for stabilization
activities in national security interest of
the United States.
Sec. 1342. Report on American Institute in Taiwan efforts to combat
certain disinformation and propaganda.
Sec. 1343. Report on Azerbaijan.
Sec. 1344. Defense and diplomatic strategy for Libya.
Sec. 1345. Repeal of restriction on funding for the Preparatory
Commission for the Comprehensive Nuclear-
Test-Ban Treaty Organization.
Sec. 1346. Sense of Congress regarding the boycott of certain companies
that continue to operate in Russia and
provide financial benefits to the Putin
regime.
Sec. 1347. Report on arms trafficking in Haiti.
Sec. 1348. Establishment of the Office of City and State Diplomacy.
Sec. 1349. Transfer of excess OLIVER HAZARD PERRY class guided missile
frigates to Egypt.
Sec. 1350. Sense of Congress on Azerbaijan's illegal detention of
Armenian prisoners of war.
Sec. 1351. United States-India Defense Partnership.
Sec. 1352. Briefing on Department of Defense Program to Protect United
States Students Against Foreign Agents.
Sec. 1353. Report on efforts to combat Boko Haram in Nigeria and the
Lake Chad Basin.
Sec. 1354. Chief of mission concurrence.
Sec. 1355. GAO study on Department of Defense support for other
departments and agencies of the United
States Government that advance Department
of Defense security cooperation objectives.
Sec. 1356. Feasibility study and report relating to Somaliland.
Sec. 1357. Repeal of joint resolution to promote peace and stability in
the Middle East.
Sec. 1358. Sense of Congress regarding the inclusion of sunset
provisions in authorizations for use of
military force.
Sec. 1359. Report on Mexico.
Sec. 1360. Unpaid Peruvian agrarian reform bonds.
Sec. 1361. Report on Chinese support to Russia with respect to its
unprovoked invasion of and full-scale war
against Ukraine.
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--Other Matters
Sec. 1411. 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. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1413. Study and pilot program on semiconductors and the National
Defense Stockpile.
Sec. 1414. Restoring essential energy and security holdings onshore for
rare earths.
Sec. 1415. Report on feasibility of increasing quantities of rare earth
permanent magnets in National Defense
Stockpile.
Sec. 1416. Study on stockpiling energy storage components.
Subtitle C--Homeland Acceleration of Recovering Deposits and Renewing
Onshore Critical Keystones
Sec. 1421. Authority to acquire materials for National Defense
Stockpile to address shortfalls.
Sec. 1422. Report on modifications to the national technology and
industrial base.
TITLE XV--CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A--Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Modification of office of primary responsibility for
strategic cybersecurity program.
Sec. 1503. Establishment of cyber operations designator and rating for
the Navy.
Sec. 1504. Cyber threat information collaboration environment program.
Sec. 1505. Department of defense enterprise-wide procurement of cyber
data products and services.
Sec. 1506. Cybersecurity of military standards for data.
Subtitle B--Information Operations
Sec. 1511. Military operations in information environment: authority
and notifications.
Sec. 1512. Limitation on availability of certain funds until submission
of joint lexicon for terms related to
information operations.
Sec. 1513. Joint information operations course.
Sec. 1514. Consistency in delegation of certain authorities relating to
information operations.
Sec. 1515. Assessment and optimization of Department of Defense
information operations within the cyber
domain.
Sec. 1516. Requirement to notify Chief of Mission of military operation
in the information environment.
Subtitle C--Reports and Other Matters
Sec. 1531. Annual reports on support by military departments for
cyberspace operations.
Sec. 1532. Independent review of posture and staffing levels of Office
of the Chief Information Officer.
Sec. 1533. Comprehensive review of Cyber Excepted Service.
Sec. 1534. Standardization of authority to operate applications in the
Department of Defense.
Sec. 1535. Establishment of hacking for national security and public
service innovation program.
Sec. 1536. Tailored cyberspace operations organizations.
Sec. 1537. Cyber operations-peculiar awards.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Review of definitions associated with Cyberspace Operations
Forces.
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. National Security Space Launch program.
Sec. 1604. Responsive space strategy, principles, model architecture,
and implementation plans.
Sec. 1605. Responsive space demonstrations.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Report on tactically responsive space capabilities.
Sec. 1608. Sense of Congress on Range of the Future and support to
commercial space launch activity.
Sec. 1609. Report on hyperspectral satellite technology.
Sec. 1610. Report on space debris.
Sec. 1611. Plan on pilot program for deployment of dedicated X-band
small satellite communications.
Sec. 1612. Report on stratospheric balloons, aerostats, or satellite
technology capable of rapidly delivering
wireless internet.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that
support operational preparation of the
environment.
Sec. 1622. Executive agent for explosive ordnance intelligence.
Sec. 1623. Information on cover and cover support activities.
Sec. 1624. Funding for research and development of advanced naval
nuclear fuel system based on low-enriched
uranium.
Subtitle C--Nuclear Forces
Sec. 1631. Improvements to Nuclear Weapons Council.
Sec. 1632. Portfolio management framework for nuclear forces.
Sec. 1633. Modification of Annual Assessment of Cyber Resilience of
Nuclear Command and Control System.
Sec. 1634. Nuclear-capable sea-launched cruise missile.
Sec. 1635. Limitation on availability of certain funds until submission
of information relating to proposed budget
for nuclear-armed sea-launched cruise
missile.
Sec. 1636. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Subtitle D--Missile Defense Programs
Sec. 1641. Repeal of requirement to transition ballistic missile
defense programs to the military
departments.
Sec. 1642. Fire control architectures.
Sec. 1643. Limitation on availability of certain funds until required
acquisition authority designation relating
to capability to defend the homeland from
cruise missiles.
Sec. 1644. Limitation on availability of funds until submission of
report on layered defense for the homeland.
Sec. 1645. Middle East integrated air and missile defense.
Sec. 1646. Strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
Sec. 1647. Report on integrated air and missile defense sensor of
United States Indo-Pacific Command.
Sec. 1648. Risk reduction in procurement of Guam missile defense
system.
Sec. 1649. Plan on delivering Shared Early Warning System data to
certain allies and partners of the United
States.
Sec. 1650. Reports on ground-based interceptors.
Sec. 1651. Report on missile defense interceptor site in contiguous
United States.
Sec. 1652. Report on gun launched interceptor technologies.
Sec. 1653. Report on radiation hardened, thermally insensitive
telescopes for SM-3 interceptor.
Subtitle E--Other Matters
Sec. 1661. Cooperative threat reduction funds.
Sec. 1662. Study of weapons programs that allow the Armed Forces to
address hard and deeply buried targets.
Sec. 1663. Unidentified aerial phenomena reporting procedures.
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Modification to Special Defense Acquisition Fund.
Sec. 1702. Development of technologies with respect to critical,
preferred, and precision-guided
conventional munitions.
Sec. 1703. Sense of Congress and quarterly briefings on replenishment
and revitalization of stocks of tactical
missiles provided to Ukraine.
Sec. 1704. Assessment of acquisition objectives for Patriot air and
missile defense battalions.
Sec. 1705. Federally funded research and development center analysis of
Department of Defense capability and
capacity to replenish missile and munition
inventories.
Sec. 1706. Out-Year Unconstrained Total Munitions Requirement, Out-Year
inventory numbers, and critical munitions
reserve.
Sec. 1707. Identification of subcontractors for critical munitions
contracts.
Sec. 1708. Study on stockpiles and production of critical guided
munitions.
Sec. 1709. Ukraine Critical Munitions Acquisition Fund.
Sec. 1710. Quarterly briefings on replenishment and revitalization of
stocks of defensive and offensive weapons
provided to Ukraine.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date and automatic execution of conforming changes
to tables of sections, tables of contents,
and similar tabular entries.
Sec. 2004. Directing the Secretary of Defense to continue military
housing reforms.
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 certain fiscal year
2019 project.
Sec. 2106. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2107. 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 electrical utility system of the
Navy 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 and improvements to military family housing
units.
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 Air National Guard construction and land
acquisition projects.
Sec. 2604. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2605. Authorization of appropriations, National Guard and Reserve.
Sec. 2606. Corrections to authority to carry out certain fiscal year
2022 projects.
Sec. 2607. 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.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Modification of annual locality adjustment of dollar
thresholds applicable to unspecified minor
military construction authorities.
Sec. 2802. Military construction projects for innovation, research,
development, test, and evaluation.
Sec. 2803. Further clarification of requirements related to authorized
cost and scope of work variations.
Sec. 2804. Use of operation and maintenance funds for certain
construction projects outside the United
States.
Sec. 2805. Increase in maximum approved cost of unspecified minor
military construction projects.
Sec. 2806. Increase in unspecified minor military construction
authority for laboratory revitalization
projects.
Sec. 2807. Permanent application of dollar limits for location and
application to projects outside the United
States.
Sec. 2808. Prohibition on availability of funds for special operations
forces military construction.
Sec. 2809. Requirements relating to certain military construction
projects.
Sec. 2809A. Supervision of large military construction projects.
Sec. 2809B. Local hire requirements for military construction
contracts.
Subtitle B--Continuation of Military Housing Reforms
Sec. 2811. Standardization of military installation Housing
Requirements and Market Analyses.
Sec. 2812. Notice requirement for MHPI ground lease extensions.
Sec. 2813. Annual briefings on military housing privatization projects.
Sec. 2814. Privatization of Navy and Air Force transient housing.
Sec. 2815. Military housing feedback tool.
Sec. 2816. Screening and registry of individuals with health conditions
resulting from unsafe housing units.
Sec. 2817. Mandatory disclosure of presence of mold and health effects
of mycotoxins before a lease is signed for
privatized military housing.
Sec. 2818. Modification of prohibition on ownership or trading of
stocks in certain companies by certain
officials of the Department of Defense.
Subtitle C--Real Property and Facilities Administration
Sec. 2821. Authorized land and facilities transfer to support contracts
with Federally Funded Research and
Development Centers.
Sec. 2822. Restoration or replacement of damaged, destroyed, or
economically unrepairable facilities.
Sec. 2823. Defense access road program enhancements to address
transportation infrastructure in vicinity
of military installations.
Sec. 2824. Physical entrances to certain military installations.
Sec. 2825. Improvements relating to access to military installations in
United States.
Subtitle D--Military Facilities Master Plan Requirements
Sec. 2831. Limitation on use of funds pending completion of military
installation resilience component of master
plans for at-risk major military
installations.
Subtitle E--Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
Sec. 2841. Consideration of installation of integrated solar roofing to
improve energy resiliency of military
installations.
Sec. 2842. Study of military housing resilience and energy efficiency.
Subtitle F--Land Conveyances
Sec. 2851. Extension of time frame for land conveyance, Sharpe Army
Depot, Lathrop, California.
Sec. 2852. Authority for transfer of administrative jurisdiction,
Castner Range, Fort Bliss, Texas.
Sec. 2853. Conveyance, Joint Base Charleston, South Carolina.
Sec. 2854. Land conveyance, Naval Air Station Oceana, Dam Neck Annex,
Virginia Beach, Virginia.
Sec. 2855. Land exchange, Marine Reserve Training Center, Omaha,
Nebraska.
Subtitle G--Miscellaneous Studies and Reports
Sec. 2861. FFRDC study on practices with respect to development of
military construction projects.
Sec. 2862. Feasibility study for Blue Grass Chemical Agent-Destruction
Pilot Plant.
Sec. 2863. Comptroller General assessment of military construction,
maintenance, and upgrades of joint base
infrastructure and facilities.
Sec. 2864. Report on underground tunnels and facilities in Hawaii.
Sec. 2865. Comptroller General report on community engagement
activities at military installations in
foreign countries.
Sec. 2866. Report on recognition of African American servicemembers in
Department of Defense naming practices.
Sec. 2867. Report on capacity of Department of Defense to provide
survivors of natural disasters with
emergency short-term housing.
Sec. 2868. Directing the Secretary of Defense to deliver a briefing on
housing with respect to junior members of
the Armed Forces.
Sec. 2869. Reporting on lead service lines and lead plumbing.
Subtitle H--Other Matters
Sec. 2871. Defense community infrastructure program.
Sec. 2872. Inclusion in Defense Community Infrastructure Pilot Program
of certain projects for ROTC training.
Sec. 2873. Basing decision scorecard consistency and transparency.
Sec. 2874. Lease or use agreement for category 3 subterranean training
facility.
Sec. 2875. Required consultation with State and local entities on
issues related to increase in number of
military personnel at military
installations.
Sec. 2876. Required investments in improving child development centers.
Sec. 2877. Limitation on use of funds for closure of combat readiness
training centers.
Sec. 2878. Pilot program on use of mass timber in military construction
projects.
Sec. 2879. Contributions for climate resilience for North Atlantic
Treaty Organizations Security Investment.
Sec. 2880. Screening and registry of individuals with health conditions
resulting from unsafe housing units.
Sec. 2881. Recognition of Memorial, Memorial Garden, and K9 Memorial of
the National Navy UDT-SEAL Museum in Fort
Pierce, Florida, as a national memorial,
memorial garden, and K9 memorial,
respectively, of Navy SEALs and their
predecessors.
Sec. 2882. Ensuring that contractor employees on Army Corps projects
are paid prevailing wages as required by
law.
Sec. 2883. Inclusion of climate resilience services in the Combatant
Commander Initiative Fund.
Sec. 2884. Interagency Regional Coordinator for Resilience Pilot
Project.
TITLE XXIX--SCIENCE AND TECHNOLOGY MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition project.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorization of appropriations.
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, Limitations, and
Other Matters
Sec. 3111. Plutonium pit production capacity.
Sec. 3112. Nuclear warhead acquisition process.
Sec. 3113. Authorized personnel levels of the Office of the
Administrator.
Sec. 3114. Modification to certain reporting requirements.
Sec. 3115. Modifications to long-term plan for meeting national
security requirements for unencumbered
uranium.
Sec. 3116. Modification of minor construction threshold for plant
projects.
Sec. 3117. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3118. Comptroller General study on National Nuclear Security
Administration management and operation
contracting process.
Sec. 3119. Funding for W80-4 life extension program.
Sec. 3120. Requirements for specific request for new or modified
nuclear weapons.
Sec. 3121. Extension of deadline for transfer of parcels of land in New
Mexico.
Sec. 3122. Designation of National Nuclear Security Administration as
technical nuclear forensics lead.
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 SECURITY
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to
cargoes procured, furnished, or financed by
other Federal departments and agencies.
Sec. 3503. United States marine highway program.
Sec. 3504. Multistate, State, and regional transportation planning.
Subtitle B--Merchant Marine Academy
Sec. 3511. Appointment of Superintendent of United States Merchant
Marine Academy.
Sec. 3512. Exemption of certain students from requirement to obtain
merchant mariner license.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Requirements relating to training of Merchant Marine Academy
cadets on certain vessels.
Sec. 3515. Reports on matters relating to the United States Merchant
Marine Academy.
Subtitle C--Vessels
Sec. 3521. Waiver of navigation and vessel-inspection laws.
Sec. 3522. Certificates of numbers for undocumented vessels.
Sec. 3523. Recapitalization of National Defense Reserve Fleet.
Sec. 3524. Cargoes procured, furnished, or financed by the United
States Government.
Subtitle D--Reports and Other Matters
Sec. 3532. National maritime transportation report and strategy.
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
Sec. 5101. Maximum rate of interest on debts incurred before military
service applicable to military dependents.
Sec. 5102. Report on handling of certain records of the Department of
Veterans Affairs.
Sec. 5103. Sense of Congress regarding women who served as cadet nurses
during World War II.
Sec. 5104. Sense of Congress regarding Korean and Korean-American
Vietnam war veterans.
Sec. 5105. Use of veterans with medical occupations in response to
national emergencies.
Sec. 5106. Pilot program to employ veterans in positions relating to
conservation and resource management
activities.
Sec. 5107. Elimination of Asset and Infrastructure Review Commission of
Department of Veterans Affairs.
Sec. 5108. Eligibility requirements for reimbursement for emergency
treatment furnished to veterans.
Sec. 5109. Improving processing by the Department of Veterans Affairs
of disability claims for post-traumatic
stress disorder.
Sec. 5110. Registry of individuals exposed to per- and polyfluoroalkyl
substances on military installations.
Sec. 5111. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated
States.
Sec. 5112. Report on barriers to veteran participation in Federal
housing programs.
Sec. 5113. Department of Veterans Affairs report on supportive services
and housing insecurity.
Sec. 5114. Inclusion on the Vietnam Veterans Memorial Wall of the names
of the lost crew members of the U.S.S.
Frank E. Evans killed on June 3, 1969.
Sec. 5115. Provision of health care benefits for certain individuals
who served in the armed forces of the
Republic of Korea.
Sec. 5116. Grants for provision of transition assistance to members and
former members of the Armed Forces after
separation, retirement, or discharge.
Sec. 5117. Study on incidence and mortality of cancer among former
aircrew of the Navy, Air Force, and Marine
Corps.
Sec. 5118. Feasibility study on inclusion on the Vietnam Veterans
Memorial Wall of the names of the lost crew
members of the USS Frank E. Evans killed on
June 3, 1969.
Sec. 5119. Limitation on copayments for contraception.
Sec. 5120. Requirement for timely scheduling of appointments at medical
facilities of Department of Veterans
Affairs.
Sec. 5121. Provision by Department of Veterans Affairs health care
providers of recommendations and opinions
regarding veteran participation in State
marijuana programs.
Sec. 5122. Annual report from the advisory committee on women veterans.
Sec. 5123. VA payments or allowances for beneficiary travel.
Sec. 5124. Improvement of Vet Centers at Department of Veterans
Affairs.
Sec. 5125. Secretary of Veterans Affairs study on VA Home Loan Benefit.
Sec. 5126. GAO study on post-market surveillance of medical devices by
Department of Veterans Affairs.
Sec. 5127. Competitive pay for health care providers of the Department
of Veterans Affairs.
Sec. 5128. Department of Veterans Affairs program to provide grants for
certain veterans service organizations
affected by the COVID-19 Pandemic.
Sec. 5129. Inclusion of veterans in housing planning.
Sec. 5130. Annual report on housing assistance to veterans.
Sec. 5131. Payments to individuals who served during World War II in
the United States Merchant Marine.
Sec. 5132. Expansion of eligibility for hospital care, medical
services, and nursing home care from the
Department of Veterans Affairs to include
veterans of World War II.
Sec. 5133. Pilot program on cybersecurity training for veterans and
military spouses.
Sec. 5134. Department of Veterans Affairs awareness campaign on
fertility services.
TITLE LII--HOMELAND SECURITY MATTERS
Sec. 5201. Chemical Security Analysis Center.
Sec. 5202. National Cybersecurity Preparedness Consortium.
Sec. 5203. Report on cybersecurity roles and responsibilities of the
Department of Homeland Security.
Sec. 5204. Exemption of certain Homeland Security fees for certain
immediate relatives of an individual who
received the Purple Heart.
Sec. 5205. Clarifications regarding scope of employment and
reemployment rights of members of the
uniformed services.
Sec. 5206. Critical technology security centers.
Sec. 5207. Systemically important entities.
Sec. 5208. GAO review of Department of Homeland Security efforts
related to establishing space as a critical
infrastructure sector.
Sec. 5209. Report on commercial satellite cybersecurity; CISA
commercial satellite system cybersecurity
clearinghouse.
Sec. 5210. Reports, evaluations, and research regarding drug
interdiction at and between ports of entry.
Sec. 5211. Report on Puerto Rico's electric grid.
Sec. 5212. Access to military installations for Homeland Security
Investigations personnel in Guam.
Sec. 5213. Building cyber resilience after SolarWinds.
Sec. 5214. CISA director appointment and term.
Sec. 5215. Department of Homeland Security report relating to
establishment of preclearance facility in
Taiwan.
Sec. 5216. Human trafficking training.
TITLE LIII--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Sec. 5301. Calculation of active service.
Sec. 5302. Acquisition of icebreaker.
Sec. 5303. Department of Defense civilian pilots.
Sec. 5304. Pilot program for spaceflight recovery operations at sea.
Sec. 5305. Port infrastructure development grants.
Sec. 5306. Preliminary damage assessment.
Sec. 5307. Designation of small state and rural advocate.
Sec. 5308. Flexibility.
Sec. 5309. Menstrual products in public buildings.
Sec. 5310. Fly America Act exception.
Sec. 5311. Aqua alert notification system pilot program.
Sec. 5312. Recognizing FEMA support.
Sec. 5313. Definitions.
Sec. 5314. Permitting use of highway trust fund for construction of
certain noise barriers.
Sec. 5315. Establishment of Southern New England Regional Commission.
Sec. 5316. Critical document fee waiver.
Sec. 5317. Disadvantaged business enterprises.
Sec. 5318. Secretary of Agriculture report on improving supply chain
shortfalls and infrastructure needs at
wholesale produce markets.
Sec. 5319. Report on improving counterterrorism security at passenger
rail stations.
Sec. 5320. Extreme weather events.
Sec. 5321. Safety standards.
Sec. 5322. Extension.
Sec. 5323. Centers of excellence for domestic maritime workforce
training and education.
Sec. 5324. Duplication of benefits.
Sec. 5325. Flight instruction or testing.
Sec. 5326. High-speed broadband deployment initiative.
TITLE LIV--FINANCIAL SERVICES MATTERS
Subtitle A--In General
Sec. 5401. Services That Open Portals to Dirty Money Act.
Sec. 5402. Review of Cyber-related Matters at the Department of the
Treasury.
Sec. 5403. Strengthening Awareness of Sanctions.
Sec. 5404. Briefing on Chinese support for Afghan illicit finance.
Sec. 5405. Support for international initiatives to provide debt
restructuring or relief to developing
countries with unsustainable levels of
debt.
Sec. 5406. Payment choice.
Sec. 5407. Disclosure requirements relating to China-based hedge funds
capital raising activities in the United
States through certain exempted
transactions.
Sec. 5408. Russia and Belarus Financial Sanctions.
Sec. 5409. Appraisal standards for single-family housing mortgages.
Sec. 5410. China financial threat mitigation.
Sec. 5411. Review of FHA small-dollar mortgage practices.
Sec. 5412. Disclosure of businesses ties to Russia.
Sec. 5413. Small business loan data collection.
Sec. 5414. Nationwide Emergency Declaration medical supplies
enhancement.
Sec. 5415. Special measures to fight modern threats.
Sec. 5416. Submission of data relating to diversity.
Sec. 5417. Diversity advisory group.
Sec. 5418. Discount on mortgage insurance premium payments for first-
time homebuyers who complete financial
literacy housing counseling programs.
Sec. 5419. Capacity building for community development and affordable
housing.
Sec. 5420. Affordable housing construction as eligible activity under
Community Development Block Grant Program.
Sec. 5421. Consideration of small home mortgage lending under Community
Reinvestment Act.
Sec. 5422. Prohibition on consumer reports containing adverse
information related to certain student
loans.
Sec. 5423. Extension of the Central Liquidity Facility.
Sec. 5424. Promoting capital raising options for traditionally
underrepresented small businesses.
Sec. 5425. Improvements by countries in combating narcotics-related
money laundering.
Sec. 5426. Study on the role of online platforms and tenant screening
companies in the housing market.
Sec. 5427. United States opposition to multilateral development bank
projects that provide a public subsidy to a
private sector firm unless the subsidy is
awarded using an open, competitive process
or on an open-access basis.
Sec. 5428. United States contribution to the Catastrophe Containment
and Relief Trust at the International
Monetary Fund.
Sec. 5429. Public reporting of United States votes to support, or
abstention from voting on, multilateral
development bank projects under the
Guidance on Fossil Fuel Energy at the
Multilateral Development Banks issued by
the Department of the Treasury on August
16, 2021.
Sec. 5430. United States policy on international finance corporation
disclosure of high and substantial risk
sub-projects of financial intermediary
clients.
Sec. 5431. United states policy on multilateral development bank
disclosure of beneficial ownership
information.
Sec. 5432. Strengthening the SEC's Whistleblower Fund.
Sec. 5433. United States policy on World Bank Group and Asian
Development Bank assistance to the People's
Republic of China.
Sec. 5434. Addition of United Kingdom and Australia as DPA domestic
sources.
Sec. 5435. Servicemember protections for medical debt collections.
Sec. 5436. Protections for active duty uniformed consumer.
Sec. 5437. Fair Debt Collection Practices for Servicemembers.
Sec. 5438. Fair hiring in banking.
Sec. 5439. Banking transparency for sanctioned persons.
Sec. 5440. Ukraine debt payment relief.
Sec. 5441. Grant program for grandfamily housing.
Sec. 5442. Flexibility in Addressing Rural Homelessness.
Sec. 5443. Promoting diversity and inclusion in the appraisal
profession.
Sec. 5444. Combating Trade-Based Money Laundering.
Sec. 5445. Disclosure of disability, veteran, and military status.
Sec. 5446. Strengthening Cybersecurity for the Financial Sector.
Sec. 5447. Review of IMF loan surcharge policy.
Sec. 5448. Grants to eligible entities for enhanced protection of
senior investors and senior policyholders.
Sec. 5449. Banking Transparency for Sanctioned Persons.
Sec. 5450. Bureau servicemember and veteran credit reporting
ombudsperson.
Sec. 5451. Senior Investor Taskforce.
Sec. 5452. Military service question.
Sec. 5453. Prohibition on trading ahead by market makers.
Sec. 5454. Securing America's Vaccines for Emergencies.
Sec. 5455. Special Drawing Rights exchange prohibition.
Sec. 5456. Prohibition on insider trading.
Sec. 5457. Community development block grant disaster recovery program.
Subtitle B--SAFE Banking
Sec. 5461. Short title; table of contents; purpose.
Sec. 5462. Safe harbor for depository institutions.
Sec. 5463. Protections for ancillary businesses.
Sec. 5464. Protections under Federal law.
Sec. 5465. Rules of construction.
Sec. 5466. Requirements for filing suspicious activity reports.
Sec. 5467. Guidance and examination procedures.
Sec. 5468. Annual diversity and inclusion report.
Sec. 5469. GAO study on diversity and inclusion.
Sec. 5470. GAO study on effectiveness of certain reports on finding
certain persons.
Sec. 5471. Application of this subtitle with respect to hemp-related
legitimate businesses and hemp-related
service providers.
Sec. 5472. Banking services for hemp-related legitimate businesses and
hemp-related service providers.
Sec. 5473. Requirements for deposit account termination requests and
orders.
Sec. 5474. Definitions.
Sec. 5475. Discretionary surplus funds.
TITLE LV--NATURAL RESOURCES MATTERS
Sec. 5501. Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas
Equal and Fair Opportunity amendment.
Sec. 5502. Inclusion of Commonwealth of the Northern Mariana Islands
and American Samoa.
Sec. 5503. Amendments to Sikes Act.
Sec. 5504. Brennan Reef.
Sec. 5505. Establishment of Fund.
Sec. 5506. Leasing on the Outer Continental Shelf.
Sec. 5507. Continental Divide National Scenic Trail.
Sec. 5508. Sacramento-San Joaquin Delta National Heritage Area.
Sec. 5509. New York-New Jersey Watershed Protection.
Sec. 5510. Authorization of appropriations for the National Maritime
Heritage Grant Program.
Sec. 5511. Berryessa Snow Mountain National Monument Expansion.
TITLE LVI--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS
Subtitle A--Inspector General Independence
Sec. 5601. Short title.
Sec. 5602. Removal or transfer of inspectors general; placement on non-
duty status.
Sec. 5603. Vacancy in position of inspector general.
Sec. 5604. Office of inspector general whistleblower complaints.
Subtitle B--Presidential Explanation of Failure to Nominate an
Inspector General
Sec. 5611. 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. 5621. Short title.
Sec. 5622. Additional information to be included in requests and
reports to Congress.
Sec. 5623. Availability of information to Congress on certain
allegations of wrongdoing closed without
referral.
Sec. 5624. Semiannual report.
Sec. 5625. Additional reports.
Sec. 5626. Requirement to report final disposition to Congress.
Sec. 5627. Investigations of Offices of Inspectors General of
establishments by the Integrity Committee.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
Sec. 5631. 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. 5641. CIGIE report on expenditures.
Subtitle F--Notice of Refusal to Provide Inspectors General Access
Sec. 5651. Notice of refusal to provide information or assistance to
inspectors general.
Subtitle G--Training Resources for Inspectors General and Other Matters
Sec. 5671. Training resources for inspectors general.
Sec. 5672. Definition of appropriate congressional committees.
Sec. 5673. Semiannual reports.
Sec. 5674. Submission of reports that specifically identify non-
governmental organizations or business
entities.
Sec. 5675. Review relating to vetting, processing, and resettlement of
evacuees from Afghanistan and the
Afghanistan special immigrant visa program.
Sec. 5676. Investigations of department of justice personnel.
Sec. 5677. Law enforcement authority of the Inspector General of the
United States International Development
Finance Corporation.
Sec. 5678. Inspector General for the Office of Management and Budget.
TITLE LVII--FEDERAL EMPLOYEE MATTERS
Sec. 5701. Appeals to Merit Systems Protection Board relating to FBI
reprisal allegations; salary of Special
Counsel.
Sec. 5702. Minimum wage for Federal contractors.
Sec. 5703. Federal wildland firefighter recruitment and retention.
Sec. 5704. Study and report on returnship programs.
Sec. 5705. Limitations on exception of competitive service positions.
TITLE LVIII--OTHER MATTERS
Subtitle A--In General
Sec. 5801. Afghan Allies Protection.
Sec. 5802. Advancing Mutual Interests and Growing Our Success.
Sec. 5803. Expansion of study of PFAS contamination.
Sec. 5804. National research and development strategy for distributed
ledger technology.
Sec. 5805. Commercial air waiver for next of kin regarding
transportation of remains of casualties.
Sec. 5806. Arms Exports Delivery Solutions Act.
Sec. 5807. Prohibition on transfers to Badr Organization.
Sec. 5808. Prohibition of Federal funding for induced or required
undermining of security of consumer
communications goods.
Sec. 5809. Foreign state computer intrusions.
Sec. 5810. School PFAS testing and filtration program.
Sec. 5811. Report on EMT national licensing standards.
Sec. 5812. Requirement for cut flowers and cut greens displayed in
certain Federal buildings to be produced in
the United States.
Sec. 5813. Renegotiation of Compacts of Free Association.
Sec. 5814. Interagency report on extremist activity.
Sec. 5815. Reporting on previous Federal Bureau of Investigation and
Department of Homeland Security
requirements.
Sec. 5816. PFAS data call.
Sec. 5817. Prohibition on contracting with persons with willful or
repeated violations of the Fair Labor
Standards Act of 1938.
Sec. 5818. Report on human rights in the Philippines.
Sec. 5819. Requirement for the Secretary of Housing and Urban
Development to annually report complaints
of sexual harassment.
Sec. 5820. Department of Labor study on factors affecting employment
opportunities for immigrants and refugees
with professional credentials obtained in
foreign countries.
Sec. 5821. Sense of Congress and statement of policy on Haiti.
Sec. 5822. Correctional Facility Disaster Preparedness.
Sec. 5823. Nondiscrimination in Federal hiring for veteran medical
cannabis users; Authorized provision of
information on State-approved marijuana
programs to veterans.
Sec. 5824. Report on certain entities connected to foreign persons on
the murder of Jamal Khashoggi.
Sec. 5825. Review of implementation of United States sanctions with
respect to violators of the arms embargo on
Libya.
Sec. 5826. Modification of prior notification of shipment of arms.
Sec. 5827. Study and report on feasability of suspension of mergers,
acquisitions, and takeovers of certain
foreign surveillance companies.
Sec. 5828. Report on political prisoners in Egypt.
Sec. 5829. Attorney General authority to transfer forfeited Russian
assets to assist Ukraine.
Sec. 5830. Removing Russian rough diamonds from global markets.
Sec. 5831. Liu Xiaobo Fund for Study of the Chinese language.
Sec. 5832. Access for Veterans to Records.
Sec. 5833. Japanese American confinement education grants.
Sec. 5834. Reporting on internationally recognized human rights in the
United States in the annual Country Reports
on Human Rights Practices.
Sec. 5835. Export prohibition of munitions items to the Hong Kong
police force.
Sec. 5836. Congressional notification for rewards paid using
cryptocurrencies.
Sec. 5837. Consultations on reuniting Korean Americans with family
members in North Korea.
Sec. 5838. Secure access to sanitation facilities for women and girls.
Sec. 5839. Blackwater Trading Post Land.
Sec. 5840. Authorizations relating to veterinary care overseas.
Sec. 5841. Crisis counseling assistance and training.
Sec. 5842. Prohibited uses of acquired, donated, and conservation land.
Sec. 5843. Jamal Khashoggi Press Freedom Accountability Act of 2021.
Sec. 5844. GAO study on the Daniel Pearl Freedom of the Press Act of
2009.
Sec. 5845. Secretary of State assistance for prisoners in Islamic
Republic of Iran.
Sec. 5846. Policy regarding development of nuclear weapons by Iran.
Sec. 5847. Transfer of NOAA property in Norfolk, Virginia.
Sec. 5848. Elimination of sentencing disparity for cocaine offenses.
Sec. 5849. Imposition of sanctions with respect to the sale, supply, or
transfer of gold to or from Russia.
Sec. 5850. Support for Afghan Special Immigrant Visa and Refugee
Applicants.
Sec. 5851. Liability for failure to disclose or update information.
Sec. 5852. Government Accountability Office study and report on
contractors using distributors to avoid
scrutiny.
Sec. 5853. Supplement to Federal Employee Viewpoint Survey.
Sec. 5854. Certain activities relating to intimate visual depictions.
Sec. 5855. Waiver of special use permit application fee for veterans'
special events.
Sec. 5856. Regional water programs.
Sec. 5857. Limitation on licenses and other authorizations for export
of certain items removed from the
jurisdiction of the United States Munitions
List and made subject to the jurisdiction
of the Export Administration Regulations.
Sec. 5858. Review of standard occupational classification system.
Sec. 5859. United States Fire Administration on-site investigations of
major fires.
Sec. 5860. Multilateral agreement to establish an independent
international center for research on the
information environment.
Sec. 5861. Prioritization of efforts of the Department of State to
combat international trafficking in covered
synthetic drugs.
Sec. 5862. Isolate Russian Government Officials Act of 2022.
Sec. 5863. Prohibition on certain assistance to the Philippines.
Sec. 5864. Gender analysis in foreign training programs.
Sec. 5865. Report on Columbian military forces.
Sec. 5866. Federal Contracting for Peace and Security.
Sec. 5867. Department of Defense Cyber and Digital Service Academy.
Sec. 5868. Democracy disruption in the Middle East and Africa.
Sec. 5869. Feasibility study on United States support for and
participation in the international
counterterrorism academy in Cote d'Ivoire.
Sec. 5870. Memorial for those who lost their lives in the attack on
Hamid Karzai International Airport on
August 26, 2021.
Sec. 5871. Reports on substance abuse in the Armed Forces.
Sec. 5872. GAO report on civilian support positions at remote military
installations.
Sec. 5873. GAO study on Foreign Service Institute's School of Language
Studies.
Sec. 5874. Report on waivers under section 907 of the Freedom for
Russia and Emerging Eurasian Democracies
and Open Markets Support Act of 1992.
Sec. 5875. Amendments to the Ukraine Freedom Support Act of 2014.
Sec. 5876. GAO study on end use monitoring.
Sec. 5877. Sense of Congress regarding the life and legacy of Senator
Joseph Maxwell Cleland.
Sec. 5878. Repeal of 1991 Authorization for Use of Military Force
Against Iraq Resolution.
Sec. 5879. ONDCP supplemental strategies.
Sec. 5880. Support for Afghans applying for student visas.
Sec. 5881. Immigration age-out protections.
Sec. 5882. Medicare Improvement Fund.
Sec. 5883. Clean Water Act effluent limitations guidelines and
standards and water quality criteria for
PFAS.
Sec. 5884. Amendments to the Maine Indian Claims Settlement Act of
1980.
Sec. 5885. Sense of Congress that the Department of Veterans Affairs
should be prohibited from denying home
loans for veterans who legally work in the
marijuana industry.
Sec. 5886. Hermit's Peak/Calf Canyon Fire Assistance.
Sec. 5887. Open Technology Fund grants.
Sec. 5888. Strategic transformer reserve and resilience.
Sec. 5889. AI in Counterterrorism Oversight Enhancement.
Sec. 5890. Elimination of termination clause for Global Engagement
Center.
Sec. 5891. Resolution of controversies under Servicemembers Civil
Relief Act.
Sec. 5892. Limitation on waiver of rights and protections under
Servicemembers Civil Relief Act.
Sec. 5893. Clarification of private right of action under
Servicemembers Civil Relief Act.
Sec. 5894. Definition of land use revenue under West Los Angeles
Leasing Act of 2016.
Sec. 5895. Report on the use of data and data science at the Department
of State and USAID.
Sec. 5896. Modification of reports to Congress under Global Magnitsky
Human Rights Accountability Act.
Sec. 5897. Department of State fellowships for rule of law activities
in Central America.
Sec. 5898. Report on all comprehensive sanctions imposed on foreign
governments.
Sec. 5899. Wastewater assistance to colonias.
Sec. 5900. Contracts by the President, the Vice President, or a Cabinet
Member.
Sec. 5901. Statement of policy and report on engaging with Niger.
Sec. 5902. Interagency task force.
Sec. 5903. Modification of duties of united states-china economic and
security review commission.
Sec. 5904. Taiwan Fellowship Program.
Sec. 5905. Treatment of paycheck protection program loan forgiveness of
payroll costs under highway and public
transportation project cost-reimbursement
contracts.
Sec. 5906. Biliteracy Education Seal and Teaching Act.
Sec. 5907. Presumption of cause of disability or death due to
employment in fire protection activities.
Sec. 5908. Documenting and responding to discrimination against
migrants abroad.
Sec. 5909. Extending the statute of limitations for certain money
laundering offenses.
Sec. 5910. Foreign corruption accountability sanctions and criminal
enforcement.
Sec. 5911. FedRAMP Authorization Act.
Sec. 5912. Amendment.
Sec. 5913. Improving investigation and prosecution of child abuse
cases.
Sec. 5914. Report on humanitarian situation and food security in
Lebanon.
Sec. 5915. Designation of El Paso Community Healing Garden National
Memorial.
Sec. 5916. Administrator of General Services study on counterfeit items
on e-commerce platforms of the General
Services Administration.
Sec. 5917. Report on removal of service members.
Sec. 5918. Limitation on availability of funds for certain contractors
or grantees that require nondisparagement
or nondisclosure clause related to sexual
harassment and sexual assault.
Sec. 5919. Department of Homeland Security Office for Civil Rights and
Civil Liberties authorization.
Sec. 5920. Modification to peacekeeping operations report.
Sec. 5921. Report to Congress by Secretary of State on government-
ordered internet or telecommunications
shutdowns.
Sec. 5922. Survivors' bill of rights.
Sec. 5923. Admission of essential scientists and technical experts to
promote and protect National Security
Innovation Base.
Sec. 5924. Delaware River Basin Conservation reauthorization.
Subtitle B--Rights for the TSA Workforce Act of 2022
Sec. 5931. Short title.
Sec. 5932. Definitions.
Sec. 5933. Conversion of TSA personnel.
Sec. 5934. Transition rules.
Sec. 5935. Consultation requirement.
Sec. 5936. No right to strike.
Sec. 5937. Proposal on hiring and contracting background check
requirements.
Sec. 5938. Comptroller General reviews.
Sec. 5939. Sense of Congress.
Sec. 5940. Assistance for Federal air marshal service.
Sec. 5941. Prevention and protection against certain illness.
Sec. 5942. Hazardous duty payments.
Sec. 5943. Authorization of appropriations.
Sec. 5944. Study on feasibility of commuting benefits.
Sec. 5945. Briefing on assaults and threats on tsa employees.
Sec. 5946. Annual reports on TSA workforce.
DIVISION F--OTHER MATTERS
TITLE LX--TAIWAN PEACE AND STABILITY ACT
Sec. 6001. Short title.
Sec. 6002. Findings and statement of policy.
Sec. 6003. Definitions.
Subtitle A--Supporting Taiwan's Meaningful Participation in the
International Community
Sec. 6011. Findings.
Sec. 6012. Sense of Congress on Taiwan's meaningful participation in
the international community.
Sec. 6013. Strategy to support Taiwan's meaningful participation in
international organizations.
Sec. 6014. Expanding United States-Taiwan development cooperation.
Subtitle B--Advancing Taiwan's Economic Space
Sec. 6021. Sense of Congress on expanding U.S. economic relations with
Taiwan.
Subtitle C--Enhancing Deterrence Over Taiwan
Sec. 6031. Sense of Congress on peace and stability in the Taiwan
Strait.
Sec. 6032. Strategy to enhance deterrence over a cross-Strait conflict.
Sec. 6033. Strengthening Taiwan's civilian defense professionals.
TITLE LXI--LIBYA STABILIZATION ACT
Sec. 6101. Short title.
Sec. 6102. Statement of policy.
Subtitle A--Identifying Challenges to Stability in Libya
Sec. 6111. Report on activities of certain foreign governments and
actors in Libya.
Sec. 6112. Report of Russian activities and objectives in Libya.
Sec. 6113. Determination of sanctionable activities of the Libyan
National Army with respect to Syria.
Subtitle B--Actions to Address Foreign Intervention in Libya
Sec. 6121. Sanctions with respect to foreign persons leading,
directing, or supporting certain foreign
government involvement in Libya.
Sec. 6122. Sanctions with respect to foreign persons threatening the
peace or stability of Libya.
Sec. 6123. Sanctions with respect to foreign persons who are
responsible for or complicit in gross
violations of internationally recognized
human rights committed in Libya.
Sec. 6124. Sanctions described.
Sec. 6125. Waiver.
Sec. 6126. Implementation and regulatory authority.
Sec. 6127. Exception relating to importation of goods.
Sec. 6128. Definitions.
Sec. 6129. Suspension of sanctions.
Sec. 6130. Sunset.
Subtitle C--Assistance for Libya
Sec. 6131. Humanitarian relief for the people of Libya and
international refugees and migrants in
Libya.
Sec. 6132. Support for democratic governance, elections, and civil
society.
Sec. 6133. Engaging international financial institutions to advance
Libyan economic recovery and improve public
sector financial management.
Sec. 6134. Recovering assets stolen from the Libyan people.
Sec. 6135. Authority to expand educational and cultural exchange
programs with Libya.
TITLE LXII--DISTRICT OF COLUMBIA NATIONAL GUARD HOME RULE
Sec. 6251. Short title.
Sec. 6252. Extension of National Guard authorities to Mayor of the
District of Columbia.
Sec. 6253. Conforming amendments to title 10, United States Code.
Sec. 6254. Conforming amendments to title 32, United States Code.
Sec. 6255. Conforming amendment to the District of Columbia Home Rule
Act.
TITLE LXIII--PREVENTING FUTURE PANDEMICS
Sec. 6301. Definitions.
Sec. 6302. Country-driven approach to end the commercial trade in live
wildlife and associated wildlife markets.
Sec. 6303. Sense of Congress.
Sec. 6304. Statement of policy.
Sec. 6305. Prevention of future zoonotic spillover event.
Sec. 6306. Law enforcement attache deployment.
Sec. 6307. Reservation of rights.
TITLE LXIV--PROHIBITION OF ARMS SALES TO COUNTRIES COMMITTING GENOCIDE
OR WAR CRIMES AND RELATED MATTERS
Sec. 6401. Prohibition of arms sales to countries committing genocide
or war crimes.
Sec. 6402. Consideration of human rights and democratization in arms
exports.
Sec. 6403. Enhancement of congressional oversight of human rights in
arms exports.
Sec. 6404. End use monitoring of misuse of arms in human rights abuses.
Sec. 6405. Definitions.
TITLE LXV--BURMA ACT OF 2022
Sec. 6501. Short title.
Sec. 6502. Definitions.
Subtitle A--Matters Relating to the Conflict in Burma
Sec. 6511. Findings.
Sec. 6512. Statement of policy.
Subtitle B--Sanctions and Policy Coordination With Respect to Burma
Sec. 6521. Definitions.
Sec. 6522. Imposition of sanctions with respect to human rights abuses
and perpetration of a coup in Burma.
Sec. 6523. Certification requirement for removal of certain persons
from the list of specially designated
nationals and blocked persons.
Sec. 6524. Sanctions and policy coordination for Burma.
Sec. 6525. Support for greater United Nations action with respect to
Burma.
Sec. 6526. Sunset.
Subtitle C--Humanitarian Assistance and Civil Society Support With
Respect to Burma
Sec. 6531. Support to civil society and independent media.
Sec. 6532. Humanitarian assistance and reconciliation.
Sec. 6533. Authorization of assistance for Burma political prisoners.
Subtitle D--Accountability for Human Rights Abuses
Sec. 6541. Report on accountability for war crimes, crimes against
humanity, and genocide in Burma.
Sec. 6542. Authorization to provide technical assistance for efforts
against human rights abuses.
Subtitle E--Sanctions Exception Relating to Importation of Goods
Sec. 6551. Sanctions exception relating to importation of goods.
TITLE LXVI--PROMOTING AND ADVANCING COMMUNITIES OF COLOR THROUGH
INCLUSIVE LENDING ACT
Sec. 6601. Short title.
Subtitle A--Promoting and Advancing Communities of Color Through
Inclusive Lending
Sec. 6611. Strengthening diverse and mission-driven community financial
institutions.
Sec. 6612. Capital investments, grants, and technology support for MDIs
and CDFIs.
Sec. 6613. Supporting Young Entrepreneurs Program.
Sec. 6614. Map of minority depository institutions and community
development financial institutions.
Sec. 6615. Report on certified community development financial
institutions.
Sec. 6616. Consultation and minimization of data requests.
Sec. 6617. Access to the discount window of the Federal Reserve System
for MDIs and CDFIs.
Sec. 6618. Study on securitization by CDFIs.
Subtitle B--Promoting New and Diverse Depository Institutions
Sec. 6621. Study and strategic plan.
Subtitle C--Ensuring Diversity in Community Banking
Sec. 6631. Short title.
Sec. 6632. Sense of Congress on funding the loan-loss reserve fund for
small dollar loans.
Sec. 6633. Definitions.
Sec. 6634. Inclusion of women's banks in the definition of minority
depository institution.
Sec. 6635. Establishment of impact bank designation.
Sec. 6636. Minority Depositories Advisory Committees.
Sec. 6637. Federal deposits in minority depository institutions.
Sec. 6638. Minority Bank Deposit Program.
Sec. 6639. Diversity report and best practices.
Sec. 6640. Investments in minority depository institutions and impact
banks.
Sec. 6641. Report on covered mentor-protege programs.
Sec. 6642. Custodial deposit program for covered minority depository
institutions and impact banks.
Sec. 6643. Streamlined community development financial institution
applications and reporting.
Sec. 6644. Task force on lending to small business concerns.
Sec. 6645. Discretionary surplus fund.
Subtitle D--Expanding Opportunity for Minority Depository Institutions
Sec. 6651. Establishment of Financial Agent Mentor-Protege Program.
Subtitle E--CDFI Bond Guarantee Program Improvement
Sec. 6661. Sense of Congress.
Sec. 6662. Guarantees for bonds and notes issued for community or
economic development purposes.
Sec. 6663. Report on the CDFI bond guarantee program.
TITLE LXVII--HOMELAND SECURITY PROVISIONS
Subtitle A--Strengthening Security of Our Communities
Sec. 6701. Nonprofit security grant program improvement.
Sec. 6702. National Computer Forensics Institute reauthorization.
Sec. 6703. Homeland security capabilities preservation.
Sec. 6704. School and daycare protection.
Sec. 6705. Reporting efficiently to proper officials in response to
terrorism.
Sec. 6706. Cybersecurity grants for schools.
Subtitle B--Enhancing DHS Acquisitions and Supply Chain
Sec. 6721. Homeland procurement reform.
Sec. 6722. DHS software supply chain risk management.
Sec. 6723. Department of Homeland Security mentor-protege program.
Sec. 6724. DHS Trade and Economic Security Council.
Sec. 6725. DHS acquisition reform.
Sec. 6726. DHS Acquisition Review Board.
Sec. 6727. DHS contract reporting.
Sec. 6728. Unmanned aerial security.
Subtitle C--Enhancing DHS Operations
Sec. 6731. Quadrennial homeland security review technical corrections.
Sec. 6732. Bombing prevention.
Sec. 6733. DHS basic training accreditation improvement.
Sec. 6734. Department of Homeland Security Inspector General
transparency.
Sec. 6735. President's cup cybersecurity competition.
Sec. 6736. Industrial control systems cybersecurity training.
Sec. 6737. TSA reaching across nationalities, societies, and languages
to advance traveler education.
Sec. 6738. Best practices related to certain information collected by
rental companies and dealers (Darren
Drake).
Sec. 6739. One-stop pilot program.
Sec. 6740. DHS illicit cross-border tunnel defense.
Sec. 6741. Prevent exposure to narcotics and toxics.
Subtitle D--Technical, Conforming, and Clerical Amendments
Sec. 6751. Technical, conforming, and clerical amendments.
TITLE LXVIII--FEDERAL EMERGENCY MANAGEMENT ADVANCEMENT OF EQUITY
Sec. 6801. Definitions.
Subtitle A--Ensuring Equity in Federal Disaster Management
Sec. 6811. Data collection, analysis, and criteria.
Sec. 6812. Criteria for ensuring equity in policies and programs.
Sec. 6813. Metrics; report.
Subtitle B--Operational Enhancement to Improve Equity in Federal
Disaster Management
Sec. 6821. Equity advisor.
Sec. 6822. Equity Enterprise Steering Group.
Sec. 6823. GAO review of equity reforms.
Subtitle C--GAO Review of Factors to Determine Assistance
Sec. 6831. GAO review of factors to determine assistance.
TITLE LXIX--GLOBAL HEALTH SECURITY ACT OF 2022
Sec. 6901. Short title.
Sec. 6902. Findings.
Sec. 6903. Statement of policy.
Sec. 6904. Global Health Security Agenda Interagency Review Council.
Sec. 6905. United States Coordinator for Global Health Security.
Sec. 6906. Sense of Congress.
Sec. 6907. Strategy and reports.
Sec. 6908. Establishment of fund for global health security and
pandemic preparedness.
Sec. 6909. Fund authorities.
Sec. 6910. Fund administration.
Sec. 6911. Fund Advisory Board.
Sec. 6912. Reports to Congress on the Fund.
Sec. 6913. United States contributions.
Sec. 6914. Compliance with the Foreign Aid Transparency and
Accountability Act of 2016.
Sec. 6915. Definitions.
Sec. 6916. Sunset.
TITLE LXX--PROTECTION OF SAUDI DISSIDENTS
Sec. 7001. Restrictions on transfers of defense articles and services,
design and construction services, and major
defense equipment to Saudi Arabia.
Sec. 7002. Report on consistent pattern of acts of intimidation or
harassment directed against individuals in
the United States.
Sec. 7003. Report and certification with respect to Saudi diplomats and
diplomatic facilities in the United States.
Sec. 7004. Report on the duty to warn obligation of the Government of
the United States.
TITLE LXXI--COLORADO AND GRAND CANYON PUBLIC LANDS
Sec. 7101. Definition of State.
Subtitle A--Continental Divide
Sec. 7111. Definitions.
Sec. 7112. Colorado Wilderness additions.
Sec. 7113. Williams Fork Mountains potential wilderness.
Sec. 7114. Tenmile Recreation Management Area.
Sec. 7115. Porcupine Gulch Wildlife Conservation Area.
Sec. 7116. Williams Fork Mountains Wildlife Conservation Area.
Sec. 7117. Spraddle Creek Wildlife Conservation Area.
Sec. 7118. Camp Hale National Historic Landscape.
Sec. 7119. White River National Forest boundary modification.
Sec. 7120. Rocky Mountain National Park potential wilderness boundary
adjustment.
Sec. 7121. Administrative provisions.
Subtitle B--San Juan Mountains
Sec. 7131. Definitions.
Sec. 7132. Additions to National Wilderness Preservation System.
Sec. 7133. Special management areas.
Sec. 7134. Release of wilderness study areas.
Sec. 7135. Administrative provisions.
Subtitle C--Thompson Divide
Sec. 7141. Purposes.
Sec. 7142. Definitions.
Sec. 7143. Thompson Divide Withdrawal and Protection Area.
Sec. 7144. Thompson Divide lease credits.
Sec. 7145. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program.
Sec. 7146. Effect.
Subtitle D--Curecanti National Recreation Area
Sec. 7151. Definitions.
Sec. 7152. Curecanti National Recreation Area.
Sec. 7153. Acquisition of land; boundary management.
Sec. 7154. General management plan.
Sec. 7155. Boundary survey.
Subtitle E--Grand Canyon Protection
Sec. 7161. Withdrawal of Certain Federal land in the State of Arizona.
DIVISION G--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Shoreside infrastructure and facilities.
Sec. 104. Availability of amounts for acquisition of additional
cutters.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 201. Authorized strength.
Sec. 202. Continuation of officers with certain critical skills on
active duty.
Sec. 203. Number and distribution of officers on active duty promotion
list.
Sec. 204. Coast Guard behavioral health policy.
Sec. 205. Improving representation of women and of racial and ethnic
minorities among Coast Guard active-duty
members.
Subtitle B--Operational Matters
Sec. 206. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 207. Unmanned systems strategy.
Sec. 208. Budgeting of Coast Guard relating to certain operations.
Sec. 209. Report on San Diego maritime domain awareness.
Sec. 210. Great Lakes winter shipping.
Sec. 211. Center of expertise for Great Lakes oil spill search and
response.
Sec. 212. Study on laydown of Coast Guard cutters.
Subtitle C--Other Matters
Sec. 213. Responses of Commandant of the Coast Guard to safety
recommendations.
Sec. 214. Conveyance of Coast Guard vessels for public purposes.
Sec. 215. Acquisition life-cycle cost estimates.
Sec. 216. National Coast Guard Museum funding plan.
Sec. 217. Report on Coast Guard explosive ordnance disposal.
Sec. 218. Pribilof Island transition completion actions.
Sec. 219. Notification of communication outages.
TITLE III--MARITIME
Subtitle A--Shipping
Sec. 301. Nonoperating individual.
Sec. 302. Oceanographic research vessels.
Sec. 303. Atlantic Coast port access routes briefing.
Subtitle B--Vessel Safety
Sec. 304. Fishing vessel safety.
Sec. 305. Requirements for DUKW-type amphibious passenger vessels.
Sec. 306. Exoneration and limitation of liability for small passengers
vessels.
Sec. 307. Automatic identification system requirements.
Subtitle C--Shipbuilding Program
Sec. 308. Qualified vessel.
Sec. 309. Establishing a capital construction fund.
TITLE IV--FEDERAL MARITIME COMMISSION
Sec. 401. Terms and vacancies.
TITLE V--MISCELLANEOUS
Subtitle A--Navigation
Sec. 501. Restriction on changing salvors.
Sec. 502. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 503. Aquatic Nuisance Species Task Force.
Sec. 504. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Subtitle B--Other Matters
Sec. 505. Information on type approval certificates.
Sec. 506. Passenger vessel security and safety requirements.
Sec. 507. Cargo waiting time reduction.
Sec. 508. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 509. Port Coordination Council for Point Spencer.
Sec. 510. Western Alaska oil spill planning criteria.
Sec. 511. Nonapplicability.
Sec. 512. Report on enforcement of coastwise laws.
Sec. 513. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 514. Center of Expertise for Marine Environmental Response.
Sec. 515. Prohibition on entry and operation.
Sec. 516. St. Lucie River railroad bridge.
Sec. 517. Assistance related to marine mammals.
Sec. 518. Manning and crewing requirements for certain vessels,
vehicles, and structures.
TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 601. Definitions.
Sec. 602. Convicted sex offender as grounds for denial.
Sec. 603. Sexual harassment or sexual assault as grounds for suspension
or revocation.
Sec. 604. Accommodation; notices.
Sec. 605. Protection against discrimination.
Sec. 606. Alcohol prohibition.
Sec. 607. Surveillance requirements.
Sec. 608. Master key control.
Sec. 609. Safety management systems.
Sec. 610. Requirement to report sexual assault and harassment.
Sec. 611. Civil actions for personal injury or death of seamen.
Sec. 612. Administration of sexual assault forensic examination kits.
TITLE VII--TECHNICAL AND CONFORMING PROVISIONS
Sec. 701. Technical corrections.
Sec. 702. Transportation worker identification credential technical
amendments.
Sec. 703. Reinstatement.
DIVISION H--FINANCIAL TRANSPARENCY
Sec. 1. Short title; table of contents.
Sec. 2. Deeming.
TITLE I--DEPARTMENT OF THE TREASURY
Sec. 101. Data standards.
Sec. 102. Open data publication by the Department of the Treasury.
Sec. 103. Rulemaking.
Sec. 104. No new disclosure requirements.
Sec. 105. Report.
TITLE II--SECURITIES AND EXCHANGE COMMISSION
Sec. 201. Data standards requirements for the Securities and Exchange
Commission.
Sec. 202. Open data publication by the Securities and Exchange
Commission.
Sec. 203. Data transparency at the Municipal Securities Rulemaking
Board.
Sec. 204. Data transparency at national securities associations.
Sec. 205. Shorter-term burden reduction and disclosure simplification
at the Securities and Exchange Commission;
sunset.
Sec. 206. No new disclosure requirements.
TITLE III--FEDERAL DEPOSIT INSURANCE CORPORATION
Sec. 301. Data standards requirements for the Federal Deposit Insurance
Corporation.
Sec. 302. Open data publication by the Federal Deposit Insurance
Corporation.
Sec. 303. Rulemaking.
Sec. 304. No new disclosure requirements.
TITLE IV--OFFICE OF THE COMPTROLLER OF THE CURRENCY
Sec. 401. Data standards and open data publication requirements for the
Office of the Comptroller of the Currency.
Sec. 402. Rulemaking.
Sec. 403. No new disclosure requirements.
TITLE V--BUREAU OF CONSUMER FINANCIAL PROTECTION
Sec. 501. Data standards and open data publication requirements for the
Bureau of Consumer Financial Protection.
Sec. 502. Rulemaking.
Sec. 503. No new disclosure requirements.
TITLE VI--FEDERAL RESERVE SYSTEM
Sec. 601. Data standards requirements for the Board of Governors of the
Federal Reserve System.
Sec. 602. Open data publication by the Board of Governors of the
Federal Reserve System.
Sec. 603. Rulemaking.
Sec. 604. No new disclosure requirements.
TITLE VII--NATIONAL CREDIT UNION ADMINISTRATION
Sec. 701. Data standards.
Sec. 702. Open data publication by the National Credit Union
Administration.
Sec. 703. Rulemaking.
Sec. 704. No new disclosure requirements.
TITLE VIII--FEDERAL HOUSING FINANCE AGENCY
Sec. 801. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 802. Open data publication by the Federal Housing Finance Agency.
Sec. 803. Rulemaking.
Sec. 804. No new disclosure requirements.
TITLE IX--MISCELLANEOUS
Sec. 901. Rules of construction.
Sec. 902. Classified and protected information.
Sec. 903. Discretionary surplus fund.
DIVISION I--PUBLIC LANDS
Sec. 1. Short title; table of contents.
TITLE I--COLORADO WILDERNESS
Sec. 101. Short title; definition.
Sec. 102. Additions to National Wilderness Preservation System in the
State of Colorado.
Sec. 103. Administrative provisions.
Sec. 104. Water.
Sec. 105. Sense of Congress.
Sec. 106. Department of defense study on impacts that the expansion of
wilderness designations in the western
united states would have on the readiness
of the armed forces of the united states
with respect to aviation training.
TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING
FORESTS
Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A--Restoration and Economic Development
Sec. 211. South Fork Trinity-Mad River Restoration Area.
Sec. 212. Redwood National and State Parks restoration.
Sec. 213. California Public Lands Remediation Partnership.
Sec. 214. Trinity Lake visitor center.
Sec. 215. Del Norte County visitor center.
Sec. 216. Management plans.
Sec. 217. Study; partnerships related to overnight accommodations.
Subtitle B--Recreation
Sec. 221. Horse Mountain Special Management Area.
Sec. 222. Bigfoot National Recreation Trail.
Sec. 223. Elk Camp Ridge Recreation Trail.
Sec. 224. Trinity Lake Trail.
Sec. 225. Trails study.
Sec. 226. Construction of mountain bicycling routes.
Sec. 227. Partnerships.
Subtitle C--Conservation
Sec. 231. Designation of wilderness.
Sec. 232. Administration of wilderness.
Sec. 233. Designation of potential wilderness.
Sec. 234. Designation of wild and scenic rivers.
Sec. 235. Sanhedrin Special Conservation Management Area.
Subtitle D--Miscellaneous
Sec. 241. Maps and legal descriptions.
Sec. 242. Updates to land and resource management plans.
Sec. 243. Pacific Gas and Electric Company Utility facilities and
rights-of-way.
TITLE III--CENTRAL COAST HERITAGE PROTECTION
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Designation of wilderness.
Sec. 304. Designation of the Machesna Mountain Potential Wilderness.
Sec. 305. Administration of wilderness.
Sec. 306. Designation of Wild and Scenic Rivers.
Sec. 307. Designation of the Fox Mountain Potential Wilderness.
Sec. 308. Designation of scenic areas.
Sec. 309. Condor National Scenic Trail.
Sec. 310. Forest service study.
Sec. 311. Nonmotorized recreation opportunities.
Sec. 312. Use by members of Tribes.
TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION
Sec. 401. Short title.
Sec. 402. Definition of State.
Subtitle A--San Gabriel National Recreation Area
Sec. 411. Purposes.
Sec. 412. Definitions.
Sec. 413. San Gabriel National Recreation Area.
Sec. 414. Management.
Sec. 415. Acquisition of non-Federal land within Recreation Area.
Sec. 416. Water rights; water resource facilities; public roads;
utility facilities.
Sec. 417. San Gabriel National Recreation Area Public Advisory Council.
Sec. 418. San Gabriel National Recreation Area Partnership.
Sec. 419. Visitor services and facilities.
Subtitle B--San Gabriel Mountains
Sec. 421. Definitions.
Sec. 422. National monument boundary modification.
Sec. 423. Designation of Wilderness Areas and Additions.
Sec. 424. Administration of Wilderness Areas and Additions.
Sec. 425. Designation of Wild and Scenic Rivers.
Sec. 426. Water rights.
TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION
Sec. 501. Short title.
Sec. 502. Boundary adjustment; land acquisition; administration.
TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS
Sec. 601. Short title.
Sec. 602. Designation of olympic national forest wilderness areas.
Sec. 603. Wild and scenic river designations.
Sec. 604. Existing rights and withdrawal.
Sec. 605. Treaty rights.
TITLE VII--CERRO DE LA OLLA WILDERNESS ESTABLISHMENT
Sec. 701. Designation of Cerro de la Olla Wilderness.
TITLE VIII--STUDY ON FLOOD RISK MITIGATION
Sec. 801. Study on Flood Risk Mitigation.
TITLE IX--MISCELLANEOUS
Sec. 901. Promoting health and wellness for veterans and
servicemembers.
Sec. 902. Fire, insects, and diseases.
Sec. 903. Military activities.
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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
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--Navy Programs
SEC. 111. REQUIREMENTS RELATING TO EA-18G AIRCRAFT OF THE NAVY.
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) The Secretary of the Navy may not--
``(i) retire an EA-18G aircraft;
``(ii) prepare to retire an EA-18G 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) Beginning on October 1, 2022, 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).''.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS
DESTROYERS.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress makes the following findings:
(A) The DDG Flight III destroyer is the most
capable large surface combatant in the world-wide
inventory of the Department of Defense.
(B) The Department plans to retire 18 large surface
combatants over the next five years.
(C) Under the future-years defense plan, the
Department plans to procure two DDGs per year over the
next five years.
(2) Sense of congress.--It is the sense of Congress that--
(A) the loss of aggregate fire power due to the
retirement of 18 large surface combatants over the next
five years is cause for concern;
(B) the Department should continue to procure large
surface combatants at the fastest possible rate based
on industrial base capacity; and
(C) the Department should maximize savings and
provide stability to the large surface combatant
industrial base through the use of multiyear
procurement contracts for the maximum number of ships,
realized at a consistent number of ships per year.
(b) 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.
(c) 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 (b), and for systems and subsystems
associated with such destroyers in economic order quantities when cost
savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract entered
into under subsection (b) 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.
(e) Limitation.--The Secretary of the Navy may not modify a
contract entered into under subsection (b) 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 or the
destroyer under subsection (b).
SEC. 113. AUTHORITY FOR PROCUREMENT OF ADDITIONAL ARLEIGH BURKE CLASS
DESTROYER.
(a) Procurement Authority.--The Secretary of the Navy may procure
one Arleigh Burke class Flight III guided missile destroyer, in
addition to any other procurement of such destroyers otherwise
authorized by law, to be procured either--
(1) as an addition to the contract covering up to 15 such
destroyers authorized to be procured under section 112 of this
Act; or
(2) under a separate contract entered into in fiscal year
2023.
(b) Incremental Funding.--With respect to a contract for the
procurement of the destroyer authorized under subsection (a), the
Secretary of the Navy may use incremental funding to make payments
under the contract.
(c) Condition for Out-year Contract Payments.--A contract for the
procurement of the destroyer authorized 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.
SEC. 114. AUTHORITY FOR CERTAIN PROCUREMENTS FOR THE SHIP-TO-SHORE
CONNECTOR PROGRAM.
(a) Contract Authority.--The Secretary of the Navy may enter into
one or more contracts, beginning with fiscal year 2023, 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) that total liability of the Federal Government for
termination of any contract entered into shall be limited to
the total amount of funding obligated to the contract at time
of termination.
SEC. 115. AUTHORITY TO PROCURE AIRFRAMES AND ENGINES FOR CH-53K KING
STALLION HEAVY-LIFT HELICOPTERS.
(a) Contract Authority.--During fiscal years 2023 and 2024, the
Secretary of the Navy may enter into--
(1) a single contract for the procurement of up to 30
airframes in support of the CH-53K heavy-lift helicopter
program; and
(2) a single contract for the procurement of up to 90
engines in support of such 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) that total liability of the Federal Government for
termination of any contract entered into shall be limited to
the total amount of funding obligated to the contract at time
of termination.
SEC. 116. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF HSC-85
AIRCRAFT.
(a) Prohibitions.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023 for the
Navy may be obligated or expended--
(1) to retire, prepare to retire, transfer, or place in
storage any Helicopter Sea Combat Squadron 85 aircraft
(referred to in this section as an ``HSC-85 aircraft''); or
(2) to make any changes to manning levels with respect to
any HSC-85 aircraft squadron.
(b) Report Required.--The Secretary of the Navy, in consultation
with the Commander of the United States Special Operations Command,
shall submit to the congressional defense committees a report that
includes--
(1) an explanation of the operational impact of divestment
of HSC-85 aircraft on the training and readiness of Navy
special warfare units and missions based in the west coast of
the United States;
(2) the estimated costs of sustaining HSC-85 aircraft at
full operational capability from fiscal year 2024 through
fiscal year 2028;
(3) a proposed cost sharing arrangement between the Navy
and the United States Special Operations Command for sustaining
HSC-85 aircraft at full operational capabilities from fiscal
year 2024 through fiscal year 2028;
(4) identification of a replacement capability that would
be available if prioritized and directed by the Secretary of
Defense and would meet all operational requirements, including
special operational-peculiar requirements of the combatant
commands, that are fulfilled by HSC-85 aircraft as of the date
of the report; and
(5) an estimate of the costs and a proposed schedule for
establishing the replacement capability identified in paragraph
(4) over the period of five years following the date of the
report.
SEC. 117. 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
Committee on Armed Services of 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.
SEC. 118. FUNDING FOR ADDITIONAL JOINT STRIKE FIGHTER AIRCRAFT.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 101 for aircraft procurement, Navy, as specified in the
corresponding funding table in section 4101, for Joint Strike Fighter
CV, line 002, is hereby increased by $354,000,000 (with the amount of
such increase to used for the procurement of three additional Joint
Strike Fighter aircraft).
(b) Offsets.--
(1) 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, Army, as
specified in the corresponding funding table in section 4301,
for operating forces, maneuver units, line 010, is hereby
reduced by $50,000,000.
(2) 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, Army, as
specified in the corresponding funding table in section 4301,
for operating forces, aviation assets, line 060, is hereby
reduced by $100,000,000.
(3) 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, Army, as
specified in the corresponding funding table in section 4301,
for training and recruiting, training support, line 340, is
hereby reduced by $16,000,000.
(4) 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, Army, as
specified in the corresponding funding table in section 4301,
for administration and service-wide activities, other personnel
support, line 480, is hereby reduced by $23,000,000.
(5) 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, Navy, as
specified in the corresponding funding table in section 4301,
for operating forces, weapons maintenance, line 250, is hereby
reduced by $62,500,000.
(6) 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, Navy, as
specified in the corresponding funding table in section 4301,
for administration and service-wide activities, military
manpower and personnel management, line 470, is hereby reduced
by $30,000,000.
(7) 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, Marine Corps, as
specified in the corresponding funding table in section 4301,
for operating forces, operational forces, line 010, is hereby
reduced by $16,500,000.
(8) 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, Air Force, as
specified in the corresponding funding table in section 4301,
for operating forces, base support, line 090, is hereby reduced
by $56,000,000.
SEC. 119. REPORT ON ADVANCE PROCUREMENT FOR CVN-82 AND CVN-83.
(a) Report.--Not later than February 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 for a single aircraft carrier acquisition strategy;
(2) the value, cost, and feasibility of a three-year
advance procurement for a single aircraft carrier acquisition
strategy;
(3) the value, cost, and feasibility of a two-year advance
procurement for a two aircraft carrier acquisition strategy;
(4) the value, cost, and feasibility of a three-year
advance procurement for a two aircraft carrier acquisition
strategy; and
(5) the effect of a multiple carrier acquisition plan on
force development and fleet capability.
SEC. 119A. REPORT ON APPLICABILITY OF DDG(X) ELECTRIC-DRIVE PROPULSION
SYSTEM.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of the Navy shall submit to the congressional defense
committees a report that includes an analysis of--
(1) the power and propulsion requirements for the DDG(X)
destroyer;
(2) how such requirements compare to the power and
propulsion requirements for the DDG-1000 Zumwalt class
destroyer and the DDG-51 Arleigh Burke class destroyer,
respectively;
(3) the ability of the Navy to leverage existing
investments in the electric-drive propulsion system developed
for the DDG(X) destroyer to reduce cost and risk; and
(4) the ability to design and manufacture components for
such system in the United States.
SEC. 119B. PROHIBITION ON AVAILABILITY OF FUNDS FOR DISPOSAL OF
LITTORAL COMBAT SHIPS.
(a) Prohibition.--None of the funds authorized to appropriated by
this Act or otherwise made available for fiscal year 2023 for the Navy
may be obligated or expended to dispose of or dismantle a Littoral
Combat Ship.
(b) Exception.--The prohibition under subsection (a) shall not
apply to the transfer of a Littoral Combat Ship to the military forces
of a nation that is an ally or partner of the United States.
Subtitle C--Air Force Programs
SEC. 121. 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. 122. MODIFICATION OF MINIMUM INVENTORY REQUIREMENT FOR AIR
REFUELING TANKER AIRCRAFT.
(a) Minimum Inventory Requirement.--
(1) In general.--Section 9062(j) of title 10, United States
Code, is amended--
(A) by striking ``effective October 1, 2019,''; and
(B) by striking ``479'' each place it appears and
inserting ``466''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2022.
(b) 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 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. 123. REQUIREMENTS RELATING TO F-22 AIRCRAFT.
Section 9062 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(k)(1)(A) The Secretary of the Air Force may not--
``(i) retire an F-22 aircraft;
``(ii) prepare to retire an F-22 aircraft; or
``(iii) 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).
``(B) The prohibition under subparagraph (A) 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 or mishaps.
``(2)(A) Beginning on October 1, 2022, the Secretary of the Air
Force shall maintain a total aircraft inventory of F-22 aircraft of not
less than 186 aircraft.
``(B) The Secretary of the Air Force may reduce the number of F-22
aircraft in the inventory of the Air Force 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.
``(3) Not later than October 1, 2029, the Secretary of the Air
Force shall ensure that all F-22 aircraft of the Air Force are equipped
with--
``(A) Block 30/35 mission systems, sensors, and weapon
employment capabilities; or
``(B) mission systems, sensors, and weapon employment
capabilities more advanced than those described in subparagraph
(A).''.
SEC. 124. MODIFICATION OF INVENTORY REQUIREMENTS AND LIMITATIONS
RELATING TO CERTAIN AIR REFUELING TANKER 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.
SEC. 125. 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. 126. 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 subsection (a) 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 October 1, 2028.
(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. 127. 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. 128. 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. 129. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF
BRIDGE TANKER 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 enter into a contract for the procurement of
the bridge tanker aircraft (as defined in section 136(b) of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81)) unless such contract is awarded using full and open
competition. Notwithstanding the preceding sentence, the Secretary of
the Air Force may enter into a contract for the procurement of the
bridge tanker aircraft using procedures other than full and open
competition if the Secretary complies with the requirements of section
3204 of title 10, United States Code, with respect to the award of such
contract and provides to the Committee on Armed Services of the House
of Representatives a briefing that explains the reasons such contract
cannot be awarded using full and open competition.
SEC. 130. 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. 131. PROHIBITION ON CERTAIN REDUCTIONS TO B-1 BOMBER AIRCRAFT
SQUADRONS.
(a) Prohibition.--During the covered period, the Secretary of the
Air Force may not--
(1) modify the designed operational capability statement
for any B-1 bomber aircraft squadron, as in effect on the date
of the enactment of this Act, in a manner that would reduce the
capabilities of such a squadron below the levels specified in
such statement as in effect on such date; or
(2) reduce, below the levels in effect on such date of
enactment, the number of personnel assigned to units
responsible for the operation and maintenance of B-1 aircraft
if such reduction would affect the ability of such units to
meet the capability described in paragraph (1).
(b) Exception.--The prohibition under subsection (a) shall not
apply to a bomb wing for which the Secretary of the Air Force has
commenced the process of replacing B-1 bomber aircraft with B-21 bomber
aircraft.
(c) Definitions.--In this section:
(1) The term ``covered period'' means the period beginning
on the date of the enactment of this Act and ending on
September 30, 2026.
(2) The term ``designed operational capability statement''
has the meaning given that term in Air Force Instruction 10-
201.
(d) Conforming Repeal.--Section 133 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1574) is repealed.
SEC. 132. LIMITATION ON RETIREMENT OF E-3 AIRBORNE WARNING AND CONTROL
SYSTEM AIRCRAFT.
(a) Limitation.--
(1) In general.--Secretary of the Air Force may not retire
or prepare to retire more than a total of 13 E-3 Airborne
Warning and Control System aircraft.
(2) Retirement conditions.--Of the aircraft authorized to
be retired under paragraph (1)--
(A) up to eight aircraft may be retired at any time
during the period beginning on the date of the
enactment of this Act and ending on October 1, 2023;
and
(B) up to five aircraft may be retired only after
the Secretary of the Air Force enters into a contract
for the procurement of an E-7 aircraft.
(b) Designation as PTAI.--The Secretary of the Air Force shall
designate two E-3 aircraft as Primary Training Aircraft Inventory.
(c) Report Required.--
(1) In general.--The Secretary of the Air Force shall
submit to the congressional defense committees a report on the
airborne warning and control capabilities and capacity of the
Air Force.
(2) Elements.--The report under subsection (a) shall
include the following:
(A) An assessment of--
(i) the airborne warning and control
capabilities and capacity of the Air Force as
of the date of the report; and
(ii) the airborne warning and control
capabilities and capacity needed to meet the
future requirements of the Air Force.
(B) Identification of--
(i) air moving target indicator and battle
management and command and control requirements
as of the date of the report;
(ii) the number of such requirements being
fulfilled by the current fleet of 31 E-3
aircraft or other capabilities; and
(iii) the number of such requirements that
would be fulfilled by a reduced fleet of 16 E-3
aircraft.
(C) An assessment of whether and to what extent a
reduced fleet of 16 E-3 aircraft would affect the level
of support provided to the operations of the geographic
combatant commands.
(D) A comparison of the capabilities of the E-3
aircraft with the capabilities of the E-7 aircraft that
is proposed as a replacement for the E-3 aircraft.
(E) A comparison of the capacity required to
satisfy both current and future air moving target
indicator and battle management and command and control
requirements.
(F) An acquisition strategy for the E-7 aircraft
proposed as a replacement for the E-3 aircraft that
is--
(i) approved by the Secretary of the Air
Force; and
(ii) includes cost and schedule data, plans
for training and fielding, and an assessment of
possible courses of action to accelerate the
proposed acquisition.
SEC. 133. REQUIREMENTS STUDY AND ACQUISITION 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 March 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) Acquisition Strategy.--
(1) In general.--Based on the results of the study
conducted under subsection (a), the Secretary of the Air Force
shall develop a strategy for the acquisition of capabilities to
meet the requirements identified under such study.
(2) Elements.--The acquisition 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
acquisition strategy and an explanation of the reasons
such requirements cannot be met.
(3) Submittal to congress.--
(A) In general.--Not later than June 1, 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 acquisition
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. 134. 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 plan developed under subsection (a). The
briefing shall include an explanation of the effects the plan is
expected to have on the aerial refueling capability of the Department
of Defense.
(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. 135. ANNUAL REPORT ON T-7A ADVANCED PILOT TRAINING SYSTEM.
(a) Annual Report.--Not later than March 1, 2023, and annually
thereafter for 5 years, 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 Department of Defense 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 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 strategy and execution date of
the testing program, including any results, and a summary of
testing points closed pertaining to the testing program.
(5) The logistics and sustainment strategy of the program,
and the planning, execution, and implementation that has
occurred related to that strategy as of the date of the report.
(6) An explanation of the causes related to any
engineering, manufacturing, development, testing, production,
delivery, acceptance, and fielding delays incurred by the
program as of the date of the report and any associated impacts
and subsequent efforts to address such delays.
(7) The post-production fielding strategy for the program.
(8) 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.
SEC. 136. REPORT ON F-22 AIRCRAFT FORCE LAYDOWN.
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--
(1) the proposed plan of the Air Force for the movement and
basing of 186 F-22 aircraft; and
(2) the establishment of a new F-22 formal training unit,
including--
(A) the anticipated location of such unit;
(B) the anticipated schedule for the establishment
of such unit; and
(C) the number of aircraft that are expected to be
transferred to such unit.
SEC. 137. LIMITATION ON DIVESTMENT OF F-15 AIRCRAFT.
(a) Limitation.--Beginning on October 1, 2023, 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. 138. FUNDING FOR C-130 MODULAR AIRBORNE FIREFIGHTING SYSTEM.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 101 for aircraft procurement, Air Force, as specified in the
corresponding funding table in section 4101, for other aircraft, C-130,
line 049, is hereby increased by $60,000,000 (with the amount of such
increase to be used for the modular airborne firefighting system).
(b) 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, as specified
in the corresponding funding table in section 4301, for administration
and service-wide activities, Office of the Secretary of Defense, line
440, is hereby reduced by $60,000,000.
SEC. 139. REQUIREMENT TO MAINTAIN FLEET OF MANNED INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT.
(a) Manned Intelligence, Surveillance, and Reconnaissance
Aircraft.--
(1) In general.--The Secretary of the Air Force, in
coordination with Director of the Air National Guard, shall
maintain a fleet of fixed wing, manned ISR/IAA aircraft to
conduct operations pursuant to the provisions of law specified
in paragraph (2).
(2) Provisions specified.--The provisions of law specified
in this paragraph are the following:
(A) Sections 124 and 284 of title 10, United States
Code.
(B) Section 112 of title 32, United States Code.
(C) Section 1022 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 10 U.S.C. 271 note).
(b) Limitation.--
(1) In general.--Except as provided in paragraph (2), 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, divest, realign, or
placed in storage or on backup aircraft inventory status, or to
prepare to retire, divest, realign, or place in storage or on
backup aircraft inventory status, any RC-26B aircraft.
(2) Exception.--
(A) In general.--The limitation in paragraph (1)
shall not apply to individual RC-26 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.
(B) Certification required.--If the Secretary of
the Air Force determines under subparagraph (A) 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.
(c) Funding for RC-26B Manned Intelligence, Surveillance, and
Reconnaissance Platform.--
(1) Of the amount authorized to be appropriated in section
301 for operation and maintenance as specified in the
corresponding funding in section 4301, for operation and
maintenance, Air National Guard, the Secretary of the Air Force
shall transfer up to $18,500,000 for the purposes of the RC-26B
manned intelligence, surveillance, and reconnaissance platform.
(2) Of the amount authorized to be appropriated in section
421 for military personnel, as specified in the corresponding
finding table in section 4401, the Secretary of the Air Force
shall transfer up to $13,000,000 from military personnel, Air
National Guard for personnel who operate and maintain the RC-
26B manned intelligence, surveillance, and reconnaissance
platform.
(d) Memorandum of Agreement.--Notwithstanding any other provision
of law, the Secretary of Defense may enter into one or more memoranda
of agreement or cost sharing agreements with other Federal entities for
the purposes of assisting with the missions and activities of such
entities.
(e) Independent Assessment.--Not later than 30 days after the date
of the enactment of this Act, the Director of Cost Assessment and
Program Evaluation shall conduct an independent assessment to determine
how the Air Force can--
(1) provide manned ISR/IAA capabilities for the purposes of
conducting operations pursuant to the provisions of law
specified in subsection (a)(2); and
(2) maintain and modernize the manned ISR/IAA aircraft
fleet over the period of ten years following the date of the
enactment of this Act.
(f) Comptroller General Study.--
(1) Study.--The Comptroller General of the United States
shall conduct an independent study of the platforms used to
conduct title 32 operations by manned ISR/IAA aircraft in light
of the proposal of the Air Force to retire and divest the RC-
26B aircraft fleet.
(2) Briefing.--Not later than September 31, 2023, the
Comptroller General shall provide to the congressional defense
committees a briefing on the preliminary findings of the study
under paragraph (1). The briefing shall include an assessment
of--
(A) the alternatives considered by the Air Force
that led to the recommendation to retire the RC-26B
aircraft, including the relative costs, benefits, and
assumptions associated with the alternatives to such
retirement;
(B) any capability gaps in manned ISR/IAA that
would be created by such retirement;
(C) the extent to which the Department of Defense
has plans to address any capability gaps identified
under subparagraph (B); and
(D) any capability gaps in manned ISR/IAA that
could be created by the added cost to the Air Force of
retaining the RC-26B fleet.
(3) Report.--As soon as practicable after the date of the
briefing under paragraph (2), the Comptroller General shall
submit to the congressional defense committees a report on the
final results of the study conducted under paragraph (1).
(g) ISR/IAA Defined.--In this section, the term ``ISR/IAA'' means--
(1) intelligence, surveillance, and reconnaissance; and
(2) incident awareness and assessment.
SEC. 139A. PROCUREMENT AUTHORITY FOR COMMERCIAL ENGINEERING SOFTWARE.
(a) Procurement Authority.--The Secretary of the Air Force may
enter into one or more contracts for the procurement of commercial
engineering software 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 engineering software described in
subsection (a).
(c) Review.--In carrying out subsection (a), the Secretary of the
Air Force shall--
(1) review the commercial physics-based simulation
marketspace; 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 physics-based simulation
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 physics-based modeling and simulation and
opportunities for the implementation of such modeling and
simulation capabilities within the Department.
SEC. 139B. SENSE OF CONGRESS REGARDING UNITED STATES AIR NATIONAL GUARD
REFUELING MISSION.
It is the sense of Congress that--
(1) the refueling mission of the reserve components of the
Air Force is essential to ensuring the national security of the
United States and our allies;
(2) this mission provides for aerial aircraft refueling
essential to extending the range of aircraft, which is a
critical capability when facing the current threats abroad; and
(3) the Air Force should ensure any plan to retire KC-135
aircraft includes equal replacement with KC-46A aircraft.
Subtitle D--Defense-wide, Joint, and Multiservice Matters
SEC. 141. CHARGING STATIONS AT COMMISSARY STORES AND MILITARY
EXCHANGES.
(a) In General.--Subchapter I of chapter 147 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2486. Electric vehicle charging stations at commissary stores
and military exchanges
``(a) Authority.--The Secretary of Defense may furnish electric
vehicle charging stations at a commissary store or military exchange
for commercial use by individuals authorized to access such facilities.
``(b) Rates and Procedures.--If the Secretary of Defense furnishes
electric vehicle charging stations pursuant to subsection (a)--
``(1) the Secretary shall establish rates and procedures
that the Secretary determines appropriate for the purchase of
electric power from the charging stations; and
``(2) such charging stations may be installed and operated
by a contractor on a for-profit basis.
``(c) Interoperability.--Any vehicle charging station provided
under this section shall use a charging connector type (or other means
to transmit electricity to the vehicle) that--
``(1) meets applicable industry accepted standards for
interoperability and safety; and
``(2) is compatible with--
``(A) electric vehicles commonly available for
purchase by a member of the general public; and
``(B) covered nontactical vehicles.
``(b) Covered Nontactical Vehicle Defined.--In this section, the
term `covered nontactical vehicle' means any vehicle--
``(1) that is not a tactical vehicle designed for use in
combat; and
``(2) that is purchased or leased by the Department of
Defense, or by another department or agency of the Federal
Government for the use of the Department of Defense, pursuant
to a contract entered into, renewed, modified, or amended on or
after October 1, 2022.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2486. Electric vehicle charging stations at commissary stores and
military exchanges.''.
SEC. 142. INCREASE AIR FORCE AND NAVY USE OF USED COMMERCIAL DUAL-USE
PARTS IN CERTAIN AIRCRAFT AND ENGINES.
(a) In General.--Not later than 90 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 parts.--The term ``commercial dual-
use parts'' 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. 143. 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.--
(1) In general.--Concurrently with the submission of the
next annual report required to be submitted under section 4814
of title 10, United States Code, 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 a report that includes--
(A) the results of the assessment conducted under
subsection (a); and
(B) based on such results, recommendations for
reducing any risks identified with respect to the
military rotary wing aircraft industrial base.
(2) Form.--The report required under paragraph (1) may be
submitted as an appendix to the annual report required to be
submitted under section 4814 of title 10, United States Code.
(d) Rotary Wing Aircraft Defined.--In this section, the term
``rotary wing aircraft'' includes rotary wing and tiltrotor aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
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. CLARIFICATION OF ROLE OF SENIOR OFFICIAL WITH PRINCIPAL
RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE AND MACHINE
LEARNING.
(a) Joint Artificial Intelligence Research and Development
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) in the second sentence, by striking
``Director of the Joint Artificial Intelligence Center'' and
inserting ``the official designated under subsection (b)''; and
(3) by striking subsection (h).
(b) Personnel Management Authority to Attract Experts in Science
and Engineering.--Section 4092 of title 10, United States Code, is
amended--
(1) by amending paragraph (6) of subsection (a) to read as
follows:
``(6) Joint artificial intelligence research, development,
and transition activities.--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) shall carry out a program of personnel management
authority provided in subsection (b) of this section in order
to facilitate recruitment of eminent experts in science or
engineering to support the activities of such official under
such section 238.''.
(2) in subsection (b)(1)(F)--
(A) by striking ``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)''; and
(B) by striking ``in the Center'' and inserting
``in support of the activities of such official under
such section''; and
(3) in subsection (c)(2), by striking ``the 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)''.
(c) 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 inserting ``or 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)'' after
``Director of the Joint Artificial Intelligence Center'';
(2) in paragraph (4), by inserting ``or 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)'' after
``Director of the Joint Artificial Intelligence Center''; and
(3) in paragraph (5), by inserting ``or 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)'' after
``Director of the Joint Artificial Intelligence Center''.
(d) 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)''.
(e) 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.''.
(f) 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)''.
(g) Application of Artificial Intelligence to the Defense Reform
Pillar of 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) is amended 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)''.
(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'';
(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 subparagrpah (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.--Section 260 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1293) 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) Reporting Responsibility.--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) References in Existing Law.--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. 212. ROLE OF THE CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER
IN FOSTERING INTEROPERABILITY AMONG JOINT FORCE SYSTEMS.
(a) In General.--The Secretary of Defense, in consultation with the
Director of National Intelligence, shall direct the Chief Digital and
Artificial Intelligence Officer of the Department of Defense to carry
out the activities described in subsection (b) in support of the Joint
All Domain Command and Control strategy and the Joint Warfighting
Concept of the Department.
(b) Activities Described.--The activities described in this
subsection are the following:
(1) To solicit feedback from the combatant commands and the
Joint Staff to identify operational challenges that--
(A) are attributable to a lack of interoperability
between the warfighting systems and other technology,
including software and data, of such commands and the
Joint Staff; and
(B) could potentially be resolved using mission
integration software, including software designed to
integrate heterogeneous systems across domains without
upgrading hardware or changing existing system
software.
(2) From amounts made available to carry out this section,
to allocate funds to entities in the combatant commands and the
Joint Staff to address such operational challenges through--
(A) the development, procurement, or fielding of
mission integration software; and
(B) the development and implementation of related
tactics, techniques, and procedures to integrate
systems to increase interoperability.
(3) To identify, acquire, and field existing mission
integration capabilities and enhance ongoing research and
development.
(4) To support exercises, experimentation, and
demonstrations to highlight and refine mission integration
software and address associated interoperability challenges.
(5) To assist in fielding mission integration software by
the military departments to encourage the development and
employment of such software on a larger scale.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committee on Armed Services of the House of Representatives a briefing
on the progress of the Chief Digital and Artificial Intelligence
Officer in carrying out the activities described in subsection (b)).
(d) Reports.--On a biannual basis during the period of three years
following the date of the briefing under subsection (c), the Secretary
of Defense shall submit to the congressional defense committees a
report that includes, with respect to the period of six months
preceding the date of the report, the following:
(1) A description of any operational challenges that were
identified under subsection (b)(1).
(2) Of those operational challenges--
(A) identification of the challenges the Chief
Digital and Artificial Intelligence Officer addressed
through the allocation of funds under subsection
(b)(2); and
(B) an explanation of whether and to what extent
activities carried out with such funds reduced
interoperability challenges.
(3) Identification of any mission integration software
procured, developed, or fielded by the Armed Forces or the
combatant commands.
(4) A description of any exercises, experimentation, and
demonstrations performed.
(e) Definitions.--In this section:
(1) The term ``Chief Digital and Artificial Intelligence
Officer'' means 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) The term ``mission integration software'' means
software that supports military operations by creating
interoperability between systems, tools, and applications,
including weapons, platforms, intelligence, surveillance, and
reconnaissance systems, intelligence fusion systems, tasking
systems, tactical data links, cyberspace and electronic warfare
systems, communications systems, command and control systems,
common operating pictures, and commanders' decision aids.
SEC. 213. MODIFICATION OF DEFENSE LABORATORY MODERNIZATION PILOT
PROGRAM.
Section 2803 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. note prec. 4121) is amended--
(1) in subsection (e), by striking ``$150,000,000'' and
inserting ``$300,000,000'';
(2) in subsection (f)(2), by striking ``$1,000,000'' and
inserting ``$4,000,000''; and
(3) in subsection (g), by striking ``October 1, 2025'' and
inserting ``October 1, 2030''.
SEC. 214. SUPPORT FOR RESEARCH AND DEVELOPMENT OF BIOINDUSTRIAL
MANUFACTURING PROCESSES.
(a) Authorization.--Subject to the availability of appropriations,
the Secretary of Defense shall provide support to manufacturing
innovation institutes for the research and development of innovative
bioindustrial manufacturing processes and the development of a network
of bioindustrial manufacturing facilities to improve the ability of the
industrial base to use such 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) the establishment of one or more manufacturing
innovation institutes specializing in the research and
development of bioindustrial manufacturing processes;
(2) providing funding to one or more existing manufacturing
innovation institutes--
(A) to support the research and development of
bioindustrial manufacturing processes; or
(B) to otherwise expand the bioindustrial
manufacturing capabilities of such institutes;
(3) the establishment of dedicated facilities within one or
more manufacturing innovation institutes to serve as regional
hubs for the research, development, and the scaling of
bioindustrial manufacturing processes and products to higher
levels of production; or
(4) designating a manufacturing innovation institute to
serve as the lead entity responsible for integrating a network
of pilot and intermediate scale bioindustrial manufacturing
facilities.
(c) Activities.--A manufacturing innovation institute 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 manufacturing
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 manufacturing innovation institutes or facilities to support under
subsection (a), the Secretary of Defense shall consider--
(1) how the institutes or facilities may complement each
other by functioning as a together as a network;
(2) how to geographically distribute support to such
institutes or facilities--
(A) to maximize access to biological material
needed as an input to bioindustrial manufacturing
processes;
(B) to leverage available industrial and academic
expertise;
(C) to leverage relevant domestic infrastructure
required to secure supply chains for chemicals and
other materials; and
(D) to complement the capabilities of other
manufacturing innovation institutes and 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) 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 appropriate congressional committees and the
National Security Commission on Emerging Biotechnology a plan
for the implementation of this section that includes--
(A) a description of types, relative sizes, and
locations of the manufacturing innovation institutes or
facilities the Secretary intends to establish or
support under this section;
(B) a general description of the focus of each
institute or facility, including the types of
bioindustrial manufacturing equipment, if any, that are
expected to be procured for each such institute or
facility;
(C) a general description of how the institutes and
facilities will work as a network to maximize the
diversity of bioindustrial products available to be
produced by the network;
(D) an explanation of how the network will support
the establishment and maintenance of the bioindustrial
manufacturing industrial base; and
(E) 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 a 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 biannually
thereafter for five years, the Secretary of Defense shall
provide to the appropriate congressional committees a briefing
on the progress toward the implementation of the plan.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Commerce, Science, and
Transportation of the Senate; and
(C) the Committee on Agriculture and the Committee
on Science, Space, and Technology of the House of
Representatives.
(2) 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.
(3) The term ``manufacturing innovation institute'' means a
Manufacturing USA institute (as described in section 34(d) of
the National Institute of Standards and Technology Act (15
U.S.C. 278s(d))) that is funded by the Department of Defense.
SEC. 215. ACTIVITIES TO SUPPORT THE USE OF METAL ADDITIVE MANUFACTURING
FOR THE SUBSURFACE FLEET OF THE NAVY.
(a) In General.--The Secretary of the Navy shall carry out
activities to support--
(1) the development of additive manufacturing processes for
the production of metal components and other metal-based
materials for the subsurface fleet of the Navy;
(2) the testing, evaluation, and qualification of such
processes, components, and materials; and
(3) the use of such processes, components, and materials to
meet requirements and milestones applicable to the subsurface
fleet of the Navy.
(b) Funding.--From amounts authorized to be appropriated by this
Act for shipbuilding concept advance design (PE 0603563N), as reflected
in division D of this Act, the Secretary of the Navy is authorized to
use up to $5,000,0000 to carry out the activities required under
subsection (a).
SEC. 216. DIGITAL MISSION OPERATIONS PLATFORM FOR THE SPACE FORCE.
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 that--
(1) is capable of providing systems operators with the
ability to analyze system performance in a simulated mission
environment; and
(2) enables collaboration among such operators in a
integrated, physics-based environment.
SEC. 217. AIR-BREATHING TEST CAPACITY UPGRADE TO SUPPORT CRITICAL
HYPERSONIC WEAPONS DEVELOPMENT.
The Secretary of the Air Force shall carry out activities to
upgrade the air breathing test facilities of the Department of the Air
Force to support critical hypersonic weapons development. The Secretary
shall seek to complete any upgrade made under this section, subject to
availability of funds for such upgrade, not later than 24 months after
the upgrade is commenced.
SEC. 218. INFORMATION ON USE OF COMMERCIAL SOFTWARE FOR THE WARFIGHTER
MACHINE INTERFACE OF THE ARMY.
(a) Certification Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Army shall certify
to the congressional defense committees that the procurement process
for increments of the warfighter machine interface procured after the
date of the enactment of this Act will be carried out in accordance
with section 3453 of title 10, United States Code.
(b) Market Research and Report.--
(1) Market research.--The Secretary of the Army shall
conduct market research to identify commercially available
software to determine whether such software has the potential
to fulfill the applicable requirements of the warfighter
machine interface program of the Army.
(2) Report.--Not later than 30 days after the conclusion of
the market research required under paragraph (1), the Secretary
of the Army shall submit to the congressional defense
committees a report on the on the results of the research,
including a list of any commercial software identified as part
of the research.
SEC. 219. MEASURES TO INCREASE THE CAPACITY OF HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES AND OTHER MINORITY-SERVING
INSTITUTIONS TO ACHIEVE VERY HIGH RESEARCH ACTIVITY
STATUS.
(a) Purpose.--The purpose of the program established under this
section is to provide additional pathways needed for further increasing
capacity at historically Black colleges and universities and other
minority-serving institutions to achieve and maintain very high
research activity status.
(b) Program to Increase Capacity Toward Achieving Very High
Research Activity Status.--
(1) Program.--
(A) In general.--The Secretary shall establish and
carry out, using funds made available for research
activities, a pilot program to increase capacity at
high research activity status historically Black
colleges and universities and other minority-serving
institutions toward achieving very high research
activity status during the grant period.
(B) Recommendations.--In establishing such program,
the Secretary may consider the recommendations pursuant
to section 262 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C.
4144 note) and section 220 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1597).
(2) Grants authorized.--The Secretary shall award, on a
competitive basis, grants to eligible institutions to carry out
the activities under paragraph (4)(A).
(3) Application.--An eligible institution seeking a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information
and assurances as the Secretary may require, including a
description of--
(A) nascent research capabilities with respect to
research areas of interest to the Department of
Defense;
(B) a plan for increasing the level of research
activity toward achieving very high research activity
status classification during the grant period,
including measurable milestones such as growth in very
high research activity status indicators and other
relevant factors;
(C) how such institution will sustain the increased
level of research activity after the conclusion of the
grant period; and
(D) how the institution will evaluate and assess
progress with respect to the implementation of the plan
under subparagraph (B).
(4) Program components.--
(A) Use of funds.--An eligible institution that
receives a grant under this section shall use the grant
funds to support research activities with respect to
research areas for STEM and critical technologies, as
determined by the Secretary under subparagraph (B),
including--
(i) faculty professional development;
(ii) stipends for undergraduate and
graduate students and post-doctoral scholars;
(iii) laboratory equipment and
instrumentation;
(iv) recruitment and retention of faculty
and graduate students;
(v) communication and dissemination of
products produced during the grant period;
(vi) construction, modernization,
rehabilitation, or retrofitting of facilities
for research purposes; and
(vii) other activities necessary to build
capacity in achieving very high research
activity status indicators.
(B) Strategic areas of scientific research.--The
Secretary, in consultation with the Defense Science
Board, shall establish and update, on an annual basis,
a list of research areas for STEM and critical
technologies.
(C) Research progress reporting.--
(i) In general.--Not later than 3 years
after receiving a grant under this section, and
every 3 years thereafter, an eligible
institution shall submit to the Secretary--
(I) a report that includes an
assessment by the institution, using
the criteria established in clause
(ii), of the progress made by such
institution with respect to achieving
very high research activity indicators;
and
(II) an updated plan described in
paragraph (3)(B).
(ii) Research assessment.--The Secretary,
in partnership with the eligible institution,
shall establish criteria for the report
required under clause (i)(I).
(D) Grant period.--A grant awarded under this
section shall be for a period of not more than 10
years, to be determined by the Secretary.
(E) Expansion of eligibility.--The Secretary may
award grants under this section to historically Black
colleges and universities and other minority-serving
institutions that are not eligible institutions if the
Secretary determines that the program can support such
colleges, universities, and institutions while
achieving the purpose of the program described in
subsection (a).
(5) Evaluation.--Not later than 5 years after the date of
the enactment of this Act, the Secretary shall prepare and
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives providing an update on
the pilot program, including--
(A) activities carried out under the pilot program;
(B) an analysis of the growth in very high research
activity status indicators of eligible institutions
that received a grant under this section; and
(C) emerging research areas of interest to the
Department of Defense conducted by eligible
institutions that received a grant under this section.
(6) Termination.--The authority of the Secretary to award
grants under the pilot program established by this section
shall terminate 10 years after the date on which the Secretary
establishes such program.
(7) Report to congress.--Not later than 180 days after the
termination of the pilot program under paragraph (6), the
Secretary shall prepare and submit a report to the Committees
on Armed Services of the Senate and the House of
Representatives on the pilot program that includes the
following:
(A) An analysis of the growth in very high research
activity status indicators of eligible institutions
that received a grant under this section.
(B) An evaluation on the effectiveness of the
program in increasing the research capacity of eligible
institutions that received a grant under this section.
(C) An description of how institutions that have
achieved very high research activity status plan to
sustain that status beyond the duration of the program.
(D) An evaluation of the maintenance of very high
research status by eligible institutions that received
a grant under this section.
(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 on whether the program
established under this section should be renewed or
expanded.
(c) Consultation.--In designing the program under this section, the
Secretary of Defense may consult with the President's Board of Advisors
on historically Black colleges and universities.
(d) 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 application for a grant 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. 220. PILOT PROGRAM TO SUPPORT THE DEVELOPMENT OF PATENTABLE
INVENTIONS IN THE DEPARTMENT OF THE NAVY.
(a) In General.--Beginning not later than 120 days after the date
of the enactment of this Act, the Secretary of the Navy shall 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 shall--
(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. 221. PILOT PROGRAM TO FACILITATE THE RESEARCH, DEVELOPMENT, AND
PRODUCTION OF ADVANCED BATTERY TECHNOLOGIES FOR
WARFIGHTERS.
(a) Establishment.--The Secretary of Defense shall carry out a
pilot program to be known as the ``American Sustainable Battery
Production Technologies Program'' (referred to in this section as the
``Program''). Under the Program, the Secretary shall seek to award
assistance to eligible entities to facilitate the research,
development, and production of electric battery technologies that may
be useful for defense-related purposes.
(b) Coordination With Related Programs.--The Secretary of Defense
shall ensure that activities under the Program are coordinated with--
(1) the Strategic Environmental Research and Development
Program under section 2901 of title 10, United States Code; and
(2) the Department of Energy, including by taking into
consideration the potential military application of battery
technologies developed by entities awarded grants by the
Department under section 40207 of the Infrastructure Investment
and Jobs Act (Public law 117-58; 42 U.S.C. 18741).
(c) Program Activities.--Under the Program, the Secretary of
Defense shall seek to award assistance to eligible entities--
(1) to conduct research and development into electric
battery technologies and any associated manufacturing and
production needs;
(2) to expand the battery recycling capabilities of the
Department of Defense;
(3) to reduce the reliance of the Department of Defense on
foreign competitors for critical materials and technologies,
including rare earth materials; and
(4) to transition battery technologies, including
technologies developed from other pilot programs, prototype
projects, or other research and development programs, from the
prototyping phase to production.
(d) Form of Assistance.--Assistance awarded to an eligible entity
under the Program may consist of a grant, a contract, a cooperative
agreement, other transaction, or such other form of assistance as the
Secretary of Defense considers appropriate.
(e) Priority Consideration.--In awarding assistance to eligible
entities under the Program, the Secretary of Defense shall give
priority to entities that--
(1) are located in and operate in the United States,
including any manufacturing operations;
(2) are owned by a United States entity; and
(3) deploy North American-owned intellectual property and
content.
(f) Data Collection.--The Secretary of Defense shall collect and
analyze data on the Program for the purposes of--
(1) developing and sharing best practices for achieving the
objectives of the Program;
(2) providing information to the Secretary on the
implementation of the Program, and related policy issues; and
(3) reporting to the congressional defense committees in
accordance with subsection (h).
(g) Termination.--The Program shall terminate on the date that is
six years after the date of the enactment of this Act.
(h) Reports.--
(1) Annual reports.--Not later than one year after the date
of the enactment of this Act and annually thereafter until the
date on which the Program terminates under subsection (g), the
Secretary of Defense shall submit to the appropriate
congressional committees a report on the use of funds under the
Program. Each report shall include the following:
(A) An explanation of whether and to what extent
the assistance awarded to eligible entities under the
Program met mission requirements during the period
covered by the report, including--
(i) the value of the assistance awarded,
including the value of each grant, contract,
cooperative agreement, other transaction, or
other form of assistance; and
(ii) a description of the research,
technology, or capabilities funded with such
assistance.
(B) A description of any research, technology, or
capabilities being tested under the Program as of the
date of the report together with an explanation of how
the Secretary has applied, or expects to apply, such
research, technology, or capabilities within the
Department of Defense.
(2) Final report.--Not later than one year after the date
on which the Program terminates under subsection (g), the
Secretary of Defense shall submit to the appropriate
congressional committees a final report on the results of the
Program. Such report shall include--
(A) a summary of the objectives achieved by the
Program; 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.
(i) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Energy and Commerce and the
Committee on Science, Space, and Technology of the
House of Representatives; and
(C) the Committee on Energy and Natural Resources
and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``eligible entity'' means a battery producer
or other entity involved in the battery production supply
chain.
SEC. 222. PILOT PROGRAM ON RESEARCH AND DEVELOPMENT OF PLANT-BASED
PROTEIN FOR THE NAVY.
(a) Establishment.--Not later than March 1, 2023, the Secretary of
the Navy shall establish and carry out a pilot program to offer plant-
based protein options at forward operating bases for consumption by
members of the Navy.
(b) Locations.--Not later than March 1, 2023, the Secretary shall
identify not fewer than two naval facilities to participate in the
pilot program and shall prioritize facilities (such as Joint Region
Marianas, Guam, Navy Support Facility, Diego Garcia, and U.S. Fleet
Activities Sasebo, Japan) where livestock-based protein options may be
costly to obtain or store.
(c) Authorities.--In establishing and carrying out the pilot
program under subsection (a), the Secretary of the Navy may use the
following authorities:
(1) The authority to carry out research and development
projects under section 4001 of title 10, United States Code.
(2) The authority to enter into transactions other than
contracts and grants under section 4021 of such title.
(3) The authority to enter into cooperative research and
development agreements under section 4026 of such title.
(d) Rule of Construction.--Nothing in this Act shall be construed
to prevent offering livestock-based protein options alongside plant-
based protein options at naval facilities identified under subsection
(b).
(e) Termination.--The requirement to carry out the pilot program
established under this section shall terminate three years after the
date on which the Secretary establishes the pilot program required
under this section.
(f) Report.--Not later than one year after the termination of the
pilot program, the Secretary shall submit to the appropriate
congressional committees a report on the pilot program that includes
the following:
(1) The consumption rate of plant-based protein options by
members of the Navy under the pilot program.
(2) Effective criteria to increase plant-based protein
options at naval facilities not identified under subsection
(b).
(3) An analysis of the costs of obtaining and storing
plant-based protein options compared to the costs of obtaining
and storing livestock-based protein options at selected naval
facilities.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Armed Forces of the Senate.
(2) Plant-based protein options.--The term ``plant-based
protein options'' means edible vegan or vegetarian meat
alternative products made using plant and other non-livestock-
based proteins.
SEC. 223. ALLOWABLE USES OF FUNDS UNDER THE COMMERCIAL WEATHER DATA
PILOT PROGRAM OF THE AIR FORCE.
Funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for the Air Force for the Commercial
Weather Data Pilot Program may be used only for the piloting and
demonstration of radio occultation data for use in weather models.
SEC. 224. PILOT PROGRAM ON USE OF DIGITAL TWIN TECHNOLOGIES IN THE
ARMED FORCES.
(a) In General.--Each Secretary of a military department shall
carry out a pilot program under which the Secretary identifies, for
each Armed Force under the jurisdiction of such Secretary, not fewer
than one and not more than three new areas in which digital twin
technology may be implemented to improve the operations of the Armed
Force. To the extent practicable, consideration shall be given to
operations involving reduced manpower and autonomous systems.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, each Secretary of a military department shall submit to
the congressional defense committees a report that includes--
(1) a description of each proposed area in which digital
twin technology may be implemented in accordance with
subsection (a);
(2) a plan for such implementation; and
(3) an explanation of any additional funding required for
such implementation.
SEC. 225. FUNDING FOR ADVANCED ABOVE WATER SENSORS.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Navy, as
specified in the corresponding funding table in section 4201, for
system development & demonstration, advanced above water sensors (PE
0604501N), line 129, is hereby increased by $24,004,000.
(b) 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, as specified
in the corresponding funding table in section 4301, for administration
and service-wide activities, Office of the Secretary of Defense, line
440, is hereby reduced by $24,004,000.
SEC. 226. BIOFUEL AND FUEL CELL VEHICLE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
(a) In General.--The Secretary of Defense shall establish a
research, development, and demonstration program for a commercially
viable fuel cell system that uses biofuel as a fuel source for a
vehicle.
(b) Research Goals.--The Secretary of Defense shall establish
interim research and development goals that will result in the
demonstration of commercially viable fuel cell systems that utilize
biofuels as a fuel source, including the following:
(1) Innovative stack designs and components, including--
(A) catalysts;
(B) membranes and electrolytes;
(C) interconnects;
(D) seals; and
(E) metal- or electrolyte-supported stack cell
designs.
(2) Variety of renewable energy sources, including ethanol
and other biomass.
(3) Technologies that enable fuel cell durability and fuel
cell durability testing.
(4) Systems designs and component integration that optimize
efficiency, cost, transient response, and lifetime.
(c) Coordination.--In carrying out the activities under this
section, the Secretary of Defense shall coordinate with--
(1) appropriate Federal agencies, including the Department
of Agriculture and the Department of Transportation;
(2) National Laboratories; and
(3) relevant industry stakeholders, non-government
organizations, and trade associations.
SEC. 227. RADAR OBSTRUCTION RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
PROGRAM.
(a) Establishment.--The Secretary of Defense, in conjunction with
the Director of the National Weather Service, the Administrator of the
Federal Aviation Administration, the Secretary of Commerce, and the
Secretary of Energy shall establish a research, development, test, and
evaluation program (in this Act referred to as the ``Program'') to
ensure the continued performance of weather radar detection and
prediction capabilities with physical obstructions in the radar line of
sight.
(b) Requirements.--In carrying out the Program, the Secretary of
Defense, in consultation with the Interagency Council for Advancing
Meteorological Services, shall--
(1) partner with industry, academia, Federal, State, and
local government entities, and any other entity that the
Secretary considers appropriate;
(2) identify and test existing or near-commercial
technologies and solutions that mitigate the potential impact
of obstructions on a weather radar;
(3) research additional solutions that could mitigate the
effects of an obstruction on weather radar, including--
(A) signal processing algorithms;
(B) short-term forecasting algorithms to replace
contaminated data; and
(C) the use of dual polarization characteristics in
mitigating the effects of wind turbines on weather
radar; and
(4) develop commercially viable technical mitigation
solutions for obstructions to weather radar capabilities.
(c) Priority.--In carrying out the requirements described in
subsection (b), the Secretary of Defense shall prioritize consideration
of--
(1) multifunction phased array radar;
(2) the replacement of contaminated data with commercial
radar data;
(3) the utilization of data from private-sector-associated
meteorological towers;
(4) providing wind farm boundaries and consolidated wind
farm areas to display on local forecasting equipment;
(5) installing and providing access to rain gauges; and
(6) any other technology-based mitigation solution that the
Director of the National Weather Service determines could
overcome beam blockage or ghost echoes.
(d) Termination.--The authority of the Secretary of Defense to
carry out the Program shall terminate on the earlier of--
(1) September 30, 2026; or
(2) 1 year after date on which the final recommendation
required by subsection (e)(2) is submitted by the Secretary.
(e) Report; Recommendation.--
(1) In general.--Not later than 2 years after the date of
enactment of this section, and annually thereafter until the
Program terminates pursuant to subsection (d), the Secretary of
Defense shall submit to Congress a report on the implementation
of the Program, including an evaluation of each technology-
based mitigation solution identified for priority consideration
in subsection (c), and a recommendation regarding additional
identification and testing of new technologies based on such
consideration.
(2) Final recommendation.--Not later than 5 years after the
date of enactment of this section, the Secretary of Defense
shall provide to Congress a recommendation on whether
additional research, testing, and development through the
Program established by subsection (a) is needed, and a
determination of whether a cessation of field research,
development, testing, and evaluation is appropriate.
(f) Definitions.--In this section:
(1) Beam blockage.--The term ``beam blockage'' means a
signal that is partially or fully blocked due to an
obstruction.
(2) Ghost echo.--The term ``ghost echo'' means radar signal
reflectivity or velocity return errors in radar data due to the
close proximity of an obstruction.
(3) Obstruction.--The term obstruction includes--
(A) a wind turbine that could limit the
effectiveness of a weather radar system; and
(B) any building that disrupts or limits the
effectiveness of a weather radar system.
SEC. 228. FUNDING FOR RESEARCH AND DEVELOPMENT RELATING TO RARE EARTH
ELEMENTS.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for the
National Defense Stockpile Transaction Fund, as specified the funding
table in section 4501, is hereby increased by $2,000,000 (with the
amount of such increase to be used strengthen and implement the
domestic industrial base for rare earth metallization related to
permanent magnet production and related projects).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Army, as
specified in the corresponding funding table in section 4201, for
system development & demonstration, integrated personnel and pay
system-Army (IPPS-A) (PE 0605018A), line 123, is hereby reduced by
$2,000,000.
SEC. 229. FUNDING FOR NATIONAL DEFENSE EDUCATION PROGRAM.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Defense-
wide, as specified in the corresponding funding table in section 4201,
for basic research, National Defense Education Program, line 006, is
hereby increased by $5,000,000.
(b) 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, as specified
in the corresponding funding table in section 4301, for administration
and service-wide activities, Washington Headquarters Services, line
500, is hereby reduced by $5,000,000.
SEC. 229A. FUNDING FOR HIGH ENERGY LASER AND CERTAIN EMERGING
TECHNOLOGY INITIATIVES.
(a) Funding for High Energy Laser.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Army, as specified in the corresponding funding
table in section 4201, for advanced technology development, air
and missile defense advanced technology (PE 0603466A), line
048, Counter-Unmanned Aerial Systems Palatized-High Energy
Laser is hereby increased by $25,000,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Army, as specified in the corresponding funding
table in section 4201, for advanced technology development, air
and missile defense advanced technology (PE 0603466A), line
048, Program Increase is hereby reduced by $25,000,000.
(b) Funding for Emerging Technology Initiatives.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Army, as specified in the corresponding funding
table in section 4201, for system development & demonstration,
emerging technology initiatives (PE 0605054A), line 136,
Program Increase (10kw-50kw DE-MSHORAD) is hereby increased by
$70,000,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Army, as specified in the corresponding funding
table in section 4201, for system development & demonstration,
emerging technology initiatives (PE 0605054A), line 136,
Program increase (10kw-50kw DE- MSHORAD) and C-UAS P-HEL is
hereby reduced by $70,000,000.
SEC. 229B. DEPARTMENT OF DEFENSE ADVANCED TECHNOLOGY INVESTMENT
INCENTIVE PILOT PROGRAM.
(a) Establishment.--
(1) In general.--Subject to the availability of
appropriations for this purpose, the Secretary of Defense shall
carry out a pilot program to accelerate the development of
advanced technology for national security by creating
incentives for trusted private capital in domestic small
businesses or nontraditional businesses that are developing
technology that the Secretary considers necessary to support
the modernization of the Department of Defense and national
security priorities.
(2) Purposes.--The purposes of the pilot program required
by this subsection are as follows:
(A) To promote the global superiority of the United
States in advanced technologies of importance to
national security, which are not adequately supported
by private sector investment.
(B) To accelerate the transition and deployment of
advanced technologies into the Armed Forces.
(C) To support Department spending through a loan
guarantee to accelerate development of advanced
technology as described in paragraph (1).
(b) Public-private Partnership.--
(1) In general.--In carrying out subsection (a), the
Secretary shall enter into a public-private partnership with
one or more persons using criteria that the Secretary shall
establish for purposes of this subsection.
(2) Criteria.--The criteria established under paragraph (1)
for entering into a public-private partnership with a person
shall include the following:
(A) The person shall be independent.
(B) The person shall be free from foreign
oversight, control, influence, or beneficial ownership.
(C) The person shall have commercial private
capital fund experience with technology development in
the defense and commercial sectors.
(D) The person shall be eligible 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))).
(3) Operating agreement.--The Secretary and a person with
whom the Secretary enters a partnership under paragraph (1)
shall enter into an operating agreement that sets forth the
roles, responsibilities, authorities, reporting requirements,
and governance framework for the partnership and its
operations.
(c) Investment of Equity.--
(1) Pursuant to a public-private partnership entered into
under subsection (c), a person with whom the Secretary has
entered the partnership shall invest equity in domestic small
businesses or nontraditional businesses consistent with
subsection (a).
(2) Investments under paragraph (1) shall be selected based
on their technical merit, economic considerations, and ability
to support modernization goals of the Department.
(d) Briefings and Reports.--
(1) Initial briefing and report.--Not later than one year
after the date of the enactment of this Act, the Secretary
shall provide to the congressional defense committees a
briefing on the implementation of this section and a report on
the feasibility of implementing loan guarantees to enhance the
effectiveness of the pilot program under subsection (a),
including--
(A) a detailed description of how loan guarantees
would be vetted, approved, and managed, including
mechanisms to protect the government's interests; and
(B) how such loan guarantees would be coordinated
with other government invest mechanisms or other
private sector financing.
(2) Final briefing.--Not later than five years after the
date of the enactment of this Act, the Secretary shall provide
to the congressional defense committees a briefing on the
outcomes of the pilot program under subsection (a) and the
feasibility and advisability of making it permanent.
(e) 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.
(f) Definitions.--In this section:
(1) The term ``domestic business'' has the meaning given
the term ``U.S. business'' in section 800.252 of title 31, Code
of Federal Regulations, or successor regulation.
(2) The term ``domestic small businesses or nontraditional
businesses'' means--
(A) a small businesses that is a domestic business;
or
(B) a nontraditional business that is a domestic
business.
(3) The term ``free from foreign oversight, control,
influence, or beneficial ownership'', with respect to a person,
means a person who has not raised and managed capital from a
person or entity that is not trusted and is otherwise free from
foreign oversight, control, influence, or beneficial ownership.
(4) The term ``independent'', with respect to a person,
means a person who lacks a conflict of interest accomplished by
not having entity or manager affiliation or ownership with an
existing fund.
(5) The term ``nontraditional business'' has the meaning
given the term ``nontraditional defense contractors'' in
section 3014 of title 10, United States Code.
(6) The term ``small business'' has the meaning given the
term ``small business concern'' in section 3 of the Small
Business Act (15 U.S.C. 632).
SEC. 229C. FUNDING FOR DEVELOPMENT OF MEASURES TO PREVENT INFECTIONS
CAUSED BY SEVERE FRACTURES.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Army, as
specified in the corresponding funding table in section 4201, for
advanced technology development, medical advanced technology (PE
0603002A), line 027, is hereby increased by $5,000,000 (with the amount
of such increase to be used to support the development of procedures
and tools to prevent infections in members of the Armed Forces who
experience severe bone fractures).
(b) 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, as specified
in the corresponding funding table in section 4301, for administration
and service-wide activities, Office of the Secretary of Defense, line
440, is hereby reduced by $5,000,000.
SEC. 229D. FUNDING FOR RESEARCH INTO THE EFFECTS OF HEAD-SUPPORTED MASS
ON CERVICAL SPINE HEALTH.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Army, as
specified in the corresponding funding table in section 4201, for
advanced technology development, medical advanced technology (PE
0603002A), line 027, is hereby increased by $5,000,000 (with the amount
of such increase to be used to support the advancement of research into
the effects of head-supported mass on cervical spine health).
(b) 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, as specified
in the corresponding funding table in section 4301, for administration
and service-wide activities, Office of the Secretary of Defense, line
440, is hereby reduced by $5,000,000.
SEC. 229E. REQUIREMENT FOR SEPARATE PROGRAM ELEMENT FOR THE MULTI-
MEDICINE MANUFACTURING PLATFORM PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress has maintained a strong interest in critical
materials subject to significant supply chain disruptions,
particularly those for which the predominant supply sources are
potential adversaries;
(2) as a result, Congress wishes to increase transparency
regarding funding and progress of the multi-medicine
manufacturing platform program of the Office of Naval Research;
and
(3) that program's unique manufacturing platform will
ensure that members of the armed forces have access to
essential medicines, particularly for those deployed, whether
on land or at sea.
(b) Program Element Required.--In the materials submitted by the
Secretary of the Navy in support of the budget of the President for
fiscal year 2025 and each fiscal year thereafter (as submitted to
Congress pursuant to section 1105 of title 31, United States Code), the
Secretary shall include a separate program element for the multi-
medicine manufacturing platform program under the accounts of the
Office of Naval Research.
Subtitle C--Plans, Reports, and Other Matters
SEC. 231. MODIFICATION OF NATIONAL SECURITY STRATEGY FOR NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
Section 4811(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(12) Providing for the research and development of
sustainable and secure food sources, including food innovation
and alternative protein development, in consultation with the
Secretary of Agriculture.''.
SEC. 232. 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 programs, projects, and other activities of
the Agency that are open to participation from early career
scientists to identify opportunities for the expansion of such
participation;
(2) conduct an assessment of the potential costs of the
fellowship program described in subsection (a);
(3) establish detailed plans for the implementation of the
fellowship program;
(4) define eligibility requirements for participants in the
fellowship program;
(5) identify criteria for evaluating applicants to 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.
SEC. 233. REPORT ON EFFORTS TO INCREASE THE PARTICIPATION OF
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND OTHER
MINORITY-SERVING INSTITUTIONS IN THE RESEARCH AND
DEVELOPMENT ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Research and
Engineering shall submit to the congressional defense committees a
report on measures that may be implemented to increase the
participation of historically Black colleges and universities and other
minority-serving institutions in the research, development, test, and
evaluation activities of the Department of Defense.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A strategy for the provision of long-term institutional
support to historically Black colleges and universities and
other minority-serving institutions, including support for--
(A) the development and enhancement of the physical
research infrastructure of such institutions; and
(B) the research activities of such institutions.
(2) An evaluation of the feasibility of expanding the
support provided by the Department of Defense to historically
Black colleges and universities and other minority-serving
institutions to include support for the development or
enhancement of grant and contract administration capabilities
at such institutions.
(3) An evaluation of options to strengthen support for
historically Black colleges and universities and other
minority-serving institutions within the military departments
and other organizations and elements of the Department,
including an evaluation of the need for and feasibility of
establishing dedicated organizations within the Army, Navy,
Marine Corps, Air Force, and Space Force to increase engagement
with such institutions.
(4) A review of the adequacy of the level of staffing
within the Department that is dedicated to engagement with
historically Black colleges and universities and other
minority-serving institutions.
(5) A plan to improve data collection and evaluation with
respect to historically Black colleges and universities and
other minority-serving institutions, including--
(A) harmonization of standards with respect to the
type, detail, and organization of data on such
institutions;
(B) improving the completeness of data submissions
regarding such institutions;
(C) improving the retention of data on such
institutions across the Department;
(D) additional data collection specific to such
institutions, including data on--
(i) the rates at which such institutions
submit proposals for grants and contracts from
the Department, the success rates of such
proposals, and feedback regarding such
proposals;
(ii) the total number of grants and
contracts for which such institutions are
eligible to apply and the number of
applications received from such institutions
for such grants and contracts; and
(iii) formal feedback mechanisms for
rejected proposals from first-time applicants
from such institutions; and
(E) as necessary, promulgation of additional or
modified regulations, instructions, or guidance
regarding the collection, evaluation, and retention of
data on such institutions.
(6) Identification of the types of research facilities,
personnel, capabilities, and subject areas that are in-demand
within the Department so that historically Black colleges and
universities and other minority-serving institutions may
prioritize investment in those types of facilities, personnel,
capabilities, and subject areas as appropriate.
(7) Identification of metrics that may be used to evaluate,
track, and improve the competitiveness of historically Black
colleges and universities and other minority-serving
institutions for grants and contracts with the Department.
(8) An evaluation of options to implement criteria for the
award of grants and contracts that assign value to the
inclusion of historically Black colleges and universities and
other minority-serving institutions as research partners,
including such mechanisms as weighted grant solicitation
evaluation criteria and longer periods of performance to allow
for capacity-building within such institutions.
(9) An evaluation of options to incentivize the defense
industry to support capacity building within historically Black
colleges and universities and other minority-serving
institutions, including through the incentivization of
independent research and development or other activities.
(10) A plan to compile and maintain data regarding
institutions of higher education, including historically Black
colleges and universities and other minority-serving
institutions, that receive funding from departments and
agencies of the Federal Government outside the Department of
Defense.
(11) A review of the programs and practices of departments
and agencies of the Federal Government outside the Department
of Defense relevant to increasing research capacity at
historically Black colleges and universities and other
minority-serving institutions for purposes of--
(A) the potential adoption of best practices within
the Department;
(B) the identification of opportunities to leverage
the research capacity of such institutions; and
(C) increasing the level of collaboration between
the Department and such institutions.
(12) Recommendations for the modification or expansion of
the workforce development programs of the Department, including
fellowships and internships, to increase the proportion of the
workforce hired from historically Black colleges and
universities and other minority-serving institutions.
(13) Such other recommendations as the Under Secretary of
Defense for Research and Engineering determines appropriate.
(14) A plan for the implementation of the recommendations
included in the report, as appropriate, including an
explanation of any additional funding, authorities, or
organizational changes needed for the implementation of such
recommendations.
(c) 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 ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1932 (20 U.S.C. 1001).
(3) 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)).
(d) Report on Implementation.--Not later than 180 days after the
date of the submission of the report under subsection (a), the Under
Secretary of Defense for Research and Engineering shall submit to the
congressional defense committees a report on the progress of the Under
Secretary in implementing measures to increase the participation of
historically Black colleges and universities and other minority-serving
institutions in the research, development, test, and evaluation
activities of the Department of Defense, as identified in the report
under subsection (a).
SEC. 234. ASSESSMENT OF TEST INFRASTRUCTURE AND PRIORITIES RELATED TO
HYPERSONIC CAPABILITIES AND RELATED TECHNOLOGIES AND
HYPERSONIC TEST STRATEGY.
(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 identification of facilities of other departments
and agencies of the Federal Government and academia and
industry testing facilities relevant to the capacity described
in subsection (a).
(2) An analysis of the capability of each test facility to
simulate various individual and coupled hypersonic conditions
to accurately simulate a realistic flight-like environment with
all relevant aero-thermochemical conditions.
(3) 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.
(4) An analysis of the test frequency, scheduling lead
time, test cost, and capacity of each test facility relating to
testing technologies of the Department for hypersonic flight.
(5) A review of academia, contractor-owned, commercial
ground and flight testbeds 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.
(6) An assessment of any cost- 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
of other departments and agencies of the Federal Government, as
available, and academia, contractor-owned, commercial flight
and reentry test capabilities 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 academia, contractor-owned,
commercial flight and reentry test capabilities 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;
(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 academia, contractor-owned,
commercial ground and flight testbeds 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-sea-and ground launched options;
(iii) additive manufacturing solutions;
(iv) qualified airborne B-52 alternative
platforms to provide improved flight schedules;
and
(v) other relevant technologies.
(3) Coordination.--The Secretary shall develop the strategy
under paragraph (1) in coordination with the Joint Hypersonic
Transition Office, the Administrator of the National
Aeronautics and Space Administration, the research labs of the
military departments, and the Defense Test Resource Management
Center.
(d) 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. 235. INDEPENDENT REVIEW AND ASSESSMENT OF TEST AND EVALUATION
RESOURCE PLANNING.
(a) Review and Assessment.--Not later than 60 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 to conduct an independent review and assessment of
the Strategic Plan for Test Resources, as prepared by the Department of
Defense Test Resource Management Center.
(b) Elements.--The review and assessment under subsection (a) shall
include the following:
(1) An assessment of the adequacy of the 30-year planning
horizon that serves as the basis for the Strategic Plan for
Test Resources.
(2) An assessment of whether and to what extent prior
forecasts of the test and evaluation needs of the Department of
Defense align with investments made by the Department in test
and evaluation resources.
(3) An identification and assessment of--
(A) any shortcomings in the infrastructure,
personnel, and equipment of the test and evaluation
enterprise of the Department; and
(B) any risks that the status of such enterprise
may pose with respect to the ability of the Department
to meet its current and future test and evaluation
needs.
(4) An assessment of whether and to what extent the test
and evaluation efforts of the Department sufficiently address
software-intensive, multi-domain, and continuously developed
capabilities.
(5) Such other matters as the Secretary of Defense
determines appropriate.
(c) Report Required.--Not later than 180 days after the date on
which the Secretary of Defense enters into an agreement with a
federally funded research and development center under subsection (a),
the center shall submit to the Secretary and the congressional defense
committees a report on the results of the study conducted under such
subsection.
SEC. 236. STUDY ON COSTS ASSOCIATED WITH UNDERPERFORMING SOFTWARE AND
INFORMATION TECHNOLOGY.
(a) Study Required.--The Secretary of Defense shall seek to enter
into a contract with a federally funded research and development center
to conduct an independent study on the impacts, and challenges
associated with the use of software and information technology,
including potential solutions to such challenges.
(b) Elements.--The independent study conducted under subsection (a)
shall include the following:
(1) A survey of members of the Armed Forces 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 an
estimate of the number and cost of lost working hours for each
military department, the impact of each challenge on retention,
and the negative impact to any mission.
(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,
based on interviews conducted with individuals who serve as
chief information officer (or an equivalent position) in a
military department.
(3) Recommendations to address the challenges described in
paragraph (1) and improve the processes through which the
Secretary provides software and information technology
Departmentwide.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, a federally funded research and development
center described in subsection (a) shall submit to the Secretary of
Defense and the congressional defense committees a report on any
independent study conducted under this section.
(d) Software and Information Technology Defined.--In this section,
the term ``software and information technology'' does not include
embedded software and information technology used for weapon systems.
SEC. 237. STUDY AND REPORT ON SUFFICIENCY OF TEST AND EVALUATION
RESOURCES FOR 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 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 of the test and evaluation resources
supporting the program as of the date of the study.
(2) An evaluation of whether and to what extent such
resources are sufficient to meet the needs of the program
assuming that test and evaluation resources allocated for other
purposes will not be reallocated to support the program in the
future.
(3) If the test and evaluation resources identified under
paragraph (1) are insufficient to meet the needs of the
program, an evaluation of the amount of additional funding
required to ensure the sufficiency of such resources.
(4) The amount of Government-funded, contractor-provided
test and evaluation resources that are currently provided or
are planned to be provided as part of the program of record.
(5) The future availability of any resources identified
under paragraph (4) for programs, projects, and activities
other than the major defense acquisition program evaluated as
part of 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, and the Air Force.
(2) The term ``major defense acquisition program'' has the
meaning given that term in section 4201 of title 10, United
States Code.
SEC. 238. PERIODIC REPORTS ON RISK DISTRIBUTION WITHIN RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION ACTIVITIES.
(a) Reports Required.--In accordance with subsection (d), the
Secretary of Defense, acting through the Under Secretary of Defense for
Research and Engineering and in consultation with the Secretaries of
the military departments, shall submit to the congressional defense
committees periodic reports on the distribution of risk across the
covered research activities of the Department of Defense.
(b) Elements.--Each report under subsection (a) shall include, with
respect to the year covered by the report, the following:
(1) A list of all covered research activities of the
Department of Defense with each such research activity
designated as either--
(A) research activity that is lower risk, such as
efforts aimed at the incremental improvement of an
existing product; or
(B) research activity that is higher risk, such as
efforts aimed at the development of new technology that
could disrupt an entire field (commonly referred to as
``disruptive technology'').
(2) An assessment of whether the distribution of covered
research activities among the risk categories described in
subparagraphs (A) and (B) of paragraph (1) is optimal for
serving the needs of the Department of Defense.
(3) Such other information as the Secretary of Defense
determines appropriate.
(c) Covered Research Activity Defined.--In this section, the term
``covered research activity'' means a program, project, or other
activity of the Department of Defense designated as budget activity 1
(basic research), budget activity 2 (applied research), or budget
activity 3 (advanced technology development), as such budget activity
classifications are set forth in volume 2B, chapter 5 of the Department
of Defense Financial Management Regulation (DOD 7000.14-R).
(d) Submittal of Reports.--
(1) In general.--The reports required under subsection (a)
shall be submitted as follows:
(A) The first such report shall be submitted by not
later than February 1, 2023.
(B) A report shall be submitted at the same time as
each of the first three reports required under section
118c(e) of title 10, United States Code, after the date
of the enactment of this Act.
(2) Termination of requirement.--No report shall be
required to be submitted under this section after the date of
the submittal of the third report under paragraph (1)(B).
SEC. 239. REVIEW AND REPORT ON OFFENSIVE HYPERSONIC WEAPONS PROGRAMS OF
THE DEPARTMENT OF DEFENSE.
(a) Review.--The Comptroller General of the United States shall
conduct a review of the offensive hypersonic weapons programs of the
Department of Defense, including the Navy Conventional Prompt Strike
Program, the Army Long Range Hypersonic Weapon, and the Air Force Air
Launched Rapid Response Weapon.
(b) Elements.--The review under subsection (a) shall address--
(1) cost and schedule estimates for the fielding of
offensive hypersonic weapon systems, including any assumptions
that underpin such estimates;
(2) whether and to what extent the hypersonic weapon
systems are expect to fully achieve the requirements originally
established for such systems;
(3) the technological and manufacturing maturity of the
critical technologies and materials planned for the systems;
and
(4) whether and to what extent the Department has pursued
alternatives to the critical technologies identified under
paragraph (3).
(c) Initial Briefing.--Not later than one year after the date of
the enactment of this Act, the Comptroller General shall provide to the
congressional defense committees a briefing on the initial results of
the review conducted under subsection (a).
(d) Final Report.--Following the briefing under subsection (c), on
a date mutually agreed upon by the Comptroller General and the
congressional defense committees, the Comptroller General shall submit
to the committees a report on the final results of the review conducted
under subsection (a).
SEC. 240. REPORT ON POTENTIAL FOR INCREASED UTILIZATION OF THE
ELECTRONIC PROVING GROUNDS TESTING RANGE.
(a) Findings.--Congress finds the following:
(1) The Electronic Proving Grounds located at Fort
Huachuca, Arizona is unique within the Department of Defense
because of its naturally quiet electromagnetic environment, its
specialized facilities, its close relationship with the Army
training community, and its access to the expansive real-estate
of southern Arizona.
(2) The Electronic Proving Grounds has access to 70,000
acres at Ft. Huachuca, 23,000 acres on Wilcox Dry Lake, more
than 100,000 acres at Gila Bend, and with prior coordination,
approximately 62 million acres of Federal and State-owned land.
(3) Live electronic warfare training is not possible at the
majority of military installations in the continental United
States including the National Training Center.
(4) The Electronic Proving Grounds has the capacity to
handle additional testing as well as the capability for
realistic electronic warfare training
(b) Report Required.--Not later than February 1, 2023, the
Secretary of the Army shall submit to the congressional defense
committees a report on the Electronic Proving Grounds testing range
located at Fort Huachuca, Arizona.
(c) Elements.--The report under subsection (b) 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
domestic companies;
(5) the capacity of the range to be used for realistic
electronic warfare training;
(6) electronic warfare training restrictions at domestic
military installations generally; and
(7) the feasibility and advisability of providing a
dedicated training area for electronic warfare units.
(d) Coordination.--In preparing the report under subsection (b),
the Secretary of the Army shall coordinate with the following:
(1) The Director of Operational Test and Evaluation of the
Department of Defense.
(2) The governments of Cochise County and Sierra Vista,
Arizona.
SEC. 241. SENSE OF CONGRESS ON THE ADDITIVE MANUFACTURING AND MACHINE
LEARNING INITIATIVE OF THE ARMY.
It is the sense of Congress that--
(1) the additive manufacturing and machine learning
initiative of the Army has the potential to accelerate the
ability to deploy additive manufacturing capabilities in
expeditionary settings and strengthen the United States defense
industrial supply chain; and
(2) Congress and the Department of Defense should continue
to support the additive manufacturing and machine learning
initiative of the Army.
SEC. 242. FUNDING FOR ROBOTICS SUPPLY CHAIN RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for Research, Development, Test, and Evaluation, Defense-
Wide, as specified in the corresponding funding table in section 4201,
for Defense Wide Manufacturing Science and Technology Program, Line
054, is hereby increased by $15,000,000, for Robotics Supply Chain
Research.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for Army, as specified in the corresponding funding table
in section 4201, for Integrated Personnel and Pay System Army, Line
123, is hereby reduced by $15,000,000.
SEC. 243. FUNDING FOR ENTERPRISE DIGITAL TRANSFORMATION WITH COMMERCIAL
PHYSICS SIMULATION.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for Research, Development, Test, and Evaluation, Air Force,
as specified in the corresponding funding table in section 4201, for
the Department of the Air Force Tech Architecture, Line 040, is hereby
increased by $9,000,000, for Enterprise Digital Transformation with
Commercial Physics Simulation.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for Research, Development, Test, and Evaluation, Air Force,
as specified in the corresponding funding table in section 4201, for
Stand-In Attack Weapon, Line 096, is hereby reduced by $9,000,000.
SEC. 244. REPORT ON NATIONAL SECURITY APPLICATIONS FOR FUSION ENERGY
TECHNOLOGY.
(a) Report Required.--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 potential national
security applications for fusion energy technology.
(b) Elements.--The report under subsection (a) shall include--
(1) an evaluation of commercial fusion energy technologies
under development by private sector companies in the United
States to determine if any such technologies have potential
national security applications;
(2) consideration of commercial fusion energy
technologies--
(A) that have met relevant technical milestones:
(B) that are supported by substantial private
sector financing;
(C) that meet applicable requirements of the
Department of Defense; and
(D) for which prototypes have been constructed;
(3) a timeline for the potential implementation of fusion
energy in the Department;
(4) a description of any major challenges to such
implementation; and
(5) recommendations to the ensure the effectiveness of such
implementation.
TITLE III--OPERATION AND MAINTENANCE
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.
SEC. 302. FUNDING FOR ARMY COMMUNITY SERVICES.
(a) 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 for Army, base operations
support, line 110, as specified in the corresponding funding table in
section 4301, is hereby increased by $20,000,000, for the purpose of
Army Community Services.
(b) 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, Army, as specified in the
corresponding funding table in section 4301, for Army Administration,
line 450, is hereby reduced by $10,000,000.
(c) 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, Army, as specified in the
corresponding funding table in section 4301, for Army Other Service
Support, line 490, is hereby reduced by $10,000,000.
Subtitle B--Energy and Environment
SEC. 311. EQUIVALENT AUTHORITY FOR ENVIRONMENTAL RESTORATION PROJECTS
AT NATIONAL GUARD TRAINING SITES.
(a) Clarification of National Guard Training Sites.--Section 2700
of title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(4) The term `National Guard training site' means a
facility or site when used for the training of 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, without regard to--
``(A) the owner or operator of the facility or
site; or
``(B) whether the facility or site is under the
jurisdiction of the Department of Defense or a military
department.''.
(b) Inclusion Under Defense Environmental Restoration Program.--
Section 2701(a)(1) of such title is amended by inserting ``and at
National Guard training sites'' after ``at facilities under the
jurisdiction of the Secretary''.
(c) Response Actions at National Guard Training Sites.--Section
2701(c)(1) of such title is amended by adding at the end the following
new subparagraph:
``(D) Each facility or site which was a National
Guard training site at the time of actions leading to
contamination by hazardous substances or pollutants or
contaminants.''.
(d) Technical and Conforming Amendments.--
(1) Repeal of provision.--Section 2707 of such title is
amended by striking subsection (e).
(2) Reference update.--Section 345(f)(1) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1646; 10 U.S.C. 2715 note) is amended by striking
``facility where military activities are conducted by the
National Guard of a State pursuant to section 2707(e) of title
10, United States Code'' and inserting ``National Guard
training site, as such term is defined in section 2700 of title
10, United States Code''.
SEC. 312. 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:
``(3) a calculation of the annual costs to the Department
for assistance provided to--
``(A) the Federal Emergency Management Agency or
Federal land management agencies--
``(i) pursuant to requests for such
assistance; and
``(ii) approved under the National
Interagency Fire Center; and
``(B) any State, Territory, or possession under
title 10 or title 32, United States Code, regarding
extreme weather.''.
SEC. 313. PROTOTYPE AND DEMONSTRATION PROJECTS FOR ENERGY RESILIENCE AT
CERTAIN MILITARY INSTALLATIONS.
(a) In General.--Each Secretary of a military department shall
ensure that covered prototype and demonstration projects are conducted
at each military installation designated by that Secretary as an
``Energy Resilience Testbed'' pursuant to subsection (b).
(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, in consultation with the Secretary of the Defense,
shall--
(A) select at least two military installations
under the jurisdiction of that Secretary for
designation pursuant to paragraph (3); and
(B) incorporate the conduct of covered prototype
and demonstration projects into the mission of each
installation so selected.
(2) Considerations.--In selecting military installations
under paragraph (1), each Secretary of a military department
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) Any State or local regulations that apply with
respect to public or private utilities serving the
installation.
(E) An assessment of any climate or extreme weather
risks or vulnerabilities at the installation and the
community surrounding the installation.
(3) Designation as energy resilience testbed.--Each
installation selected under paragraph (1) 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 that support electric vehicles or the
transition to use of electric vehicles, including with respect
to tactical vehicles.
(3) 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.
(4) Technologies to improve building energy management and
control in a cyber-secure manner.
(5) Tools and processes for design, assessment, and
decision-making on the installation with respect to climate
resilience and hazard analysis, energy use, management, and the
construction of climate resilient buildings and infrastructure.
(6) Carbon sequestration technologies.
(7) Technologies relating to on-site resilient energy
generation, including advanced geothermal and advanced nuclear
technologies.
(8) Port electrification and surrounding defense critical
infrastructure and related non-Federal infrastructure,
including surrounding defense community infrastructure.
(9) Tidal and wave power technologies.
(10) Distributed leger technologies.
(d) Briefing.--Not later than 180 days after 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.--The Secretary of
Defense shall ensure that, beginning not later than one year after the
date of the enactment of this Act, covered prototype and demonstration
projects are conducted at, and such conduct is incorporated into the
mission of, each military installation designated pursuant to
subsection (b).
(f) 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 designated by that
Secretary 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 energy and climate security technologies and
business models.
(g) 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.
(h) 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.
(i) 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 tile 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 and climate security
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. 314. PILOT PROGRAM FOR TRANSITION OF CERTAIN NONTACTICAL VEHICLE
FLEETS OF DEPARTMENT OF DEFENSE TO ELECTRIC VEHICLES.
(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 facilitate the
transition of nontactical vehicle fleets of the Department of Defense
at certain military installations and distribution centers of the
Defense Logistics Agency to nontactical vehicle fleets comprised solely
of electric vehicles, including through the maintenance on the
installations or centers, as the case may be, of charging stations,
microgrids, and other covered infrastructure sufficient to cover the
energy demand of such fleets.
(b) Selection of Military Installations and Distribution Centers.--
(1) Selection of military installations.--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) Priority.--In selecting military installations under
paragraph (1), each Secretary of a military department shall
give priority to the following:
(A) Military installations with existing third-
party financed, installed, operated, and maintained
charging stations on the installation.
(B) Military installations with other existing
covered infrastructure, including charging stations
under ownership methods other than those specified in
subparagraph (A), on the installation.
(C) Military installations located in a geographic
region with existing covered infrastructure, including
charging stations, proximate to the installation.
(D) Military installations with respect to which
the Secretary determines the future inclusion on the
installation of charging stations and other covered
infrastructure is feasible and cost effective given the
anticipated need for charging stations to service
electric vehicles in the nontactical vehicle fleet at
the installation (including those with respect to which
the Secretary determines there may be an opportunity to
enter into a contract for the third-party charging
stations specified in subparagraph (A)).
(E) Military installations at which a project
authorized under section 2914 of title 10, United
States Code, (known as the Energy Resilience and
Conservation Investment Program) and determined by the
Secretary to be relevant to the pilot program has been
conducted or is planned to be conducted pursuant to the
future-years defense program submitted under section
221 of such title.
(3) Considerations.--In determining whether a military
installation should receive priority pursuant to paragraph
(2)(D), 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) The availability of adequate space for vehicles
awaiting charging during peak usage times, as
determined by the Secretary.
(C) Any required upgrades to covered infrastructure
on the installation, including electrical wiring,
anticipated by the Secretary.
(4) Selection of distribution centers.--
(A) Selection.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
Defense Logistics Agency shall select at least one
distribution center of the Defense Logistics Agency at
which to carry out the pilot program under subsection
(a) and submit to the Committees on Armed Services of
the House of Representatives and notification
containing an identification of any such selected
distribution center.
(B) Priority.--In selecting a distribution center
under subparagraph (A), the Director of the Defense
Logistics Agency shall apply the same priorities as the
Secretaries of the military departments apply with
respect to the selection of a military installation
under paragraph (2) (including by taking into account
the same considerations specified in paragraph (3)),
except that, in addition to the priorities specified in
paragraph (2), the Director shall also give priority to
the following:
(i) Distribution centers with significant
on-center use by vehicles of class 3 or
heavier, as determined pursuant to table II of
section 565.15 of title 49, Code of Federal
Regulations.
(ii) Distribution centers at which there
is, or are plans to develop, renewable energy
resource generation.
(c) Transition Plans.--
(1) Military installations.--Not later than one year after
the date on which a Secretary of a military department submits
a notification identifying a military installation under
subsection (b)(1), that Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a plan for--
(A) the replacement of all vehicles in the
nontactical vehicle fleet at the military installation
with electric vehicles by January 1, 2025; and
(B) the maintenance on the military installation of
charging stations and other covered infrastructure,
including a microgrid, that will be sufficient--
(i) to cover the anticipated electricity
demand of such electric vehicles; and
(ii) to improve installation energy
resilience.
(2) Elements.--Each plan under paragraph (1) shall include,
with respect to the military installation covered by the plan,
the following:
(A) A determination of the type and number of
charging stations to include 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 method
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).
(4) Distribution centers.--Not later than one year after
the date on which the Director of the Defense Logistics Agency
submits a notification identifying a distribution center under
subsection (b)(1), the Director shall submit to the Committees
on Armed Services of the House of Representatives and the
Senate a plan specified in paragraph (1) with respect to the
distribution center. Such plan shall include, with respect to
the distribution center, each of the same elements required
under paragraph (2) for a military installation, and the
Director may use expertise to the same extent and in the same
manner specified in paragraph (3).
(d) Final Deadline for Replacement.--Beginning not later than
January 1, 2025, all vehicles in the nontactical vehicle fleet at each
military installation or distribution center selected under subsection
(b) shall be electric vehicles.
(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.
(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 ``nontactical vehicle'' means a vehicle other
than a tactical vehicle.
(9) 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.
(10) The term ``renewable energy resources'' has the
meaning given that term in section 403 of the Renewable Energy
Resources Act of 1980 (42 U.S.C. 7372).
(11) 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. 315. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.
(a) In General.--The Secretary of Defense shall conduct a pilot
program at two or more geographically diverse Department of Defense
facilities for the use of sustainable aviation fuel. Such program shall
be designed to--
(1) identify any logistical challenges with respect to the
use of sustainable aviation fuel by the Department of Defense;
and
(2) explore opportunities for collaboration with nearby
commercial airports and sustainable aviation fuel refinery
facilities to facilitate such use.
(b) Selection of Facilities.--
(1) Selection.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
select at least two geographically diverse Department
facilities at which to carry out the pilot program. At least
one such facility shall be a facility with an onsite refinery
that is located in proximity to at least 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
Committee on Armed Services and the Committee on Transportation
and Infrastructure of the House of Representatives notice of
the selection, including an identification of the facility
selected.
(c) Certification and Use of Blended 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 certification program under which
aviation fuel must be certified as blended to contain
at least 10 percent sustainable aviation fuel as a
requirement for use of the aviation fuel at the
facility (in addition to any other fuel certification
requirement of the Department of Defense or the Armed
Forces);
(B) submit the plan to the Committee on Armed
Services and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(C) provide to such Committees a briefing on the
plan that includes, at a minimum--
(i) a description of any operational,
infrastructure, or logistical requirements and
recommendations for the blending,
certification, 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 has been certified as
blended to contain at least 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
non-food 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 requirement for the
exclusive use at the facility of aviation fuel that has been certified
as blended to contain at least 10 percent sustainable aviation fuel
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.--At the conclusion of the pilot program, the
Assistant Secretary of Defense for Energy, Installations, and
Environment shall submit to the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the House of
Representatives a final report on the pilot program. Such report shall
include each of the following:
(1) An assessment of the effect of using sustainable
aviation fuel on the overall fuel costs of blended fuel.
(2) A description of any operational, infrastructure, or
logistical requirements and recommendations for the blending,
certification, and use of sustainable aviation fuel, with a
focus on scaling up military-wide adoption of such fuel.
(3) 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.
(4) A description of the effects on performance and
operation aircraft using sustainable aviation fuel including--
(A) if used, considerations of various blending
ratios and their associated benefits;
(B) efficiency and distance improvements of flights
fuels using sustainable aviation fuel;
(C) weight savings on large transportation aircraft
and other types of aircraft with using blended fuel
with higher concentrations of sustainable aviation
fuel;
(D) maintenance benefits of using sustainable
aviation fuel, including engine longevity;
(E) the effect of the use of sustainable aviation
fuel on emissions and air quality;
(F) 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
(G) benefits with respect to job creation in the
sustainable aviation fuel production and supply chain.
(g) Sustainable Aviation Fuel Defined.--In this section, the term
``sustainable aviation fuel'' means liquid fuel that--
(1) consists of synthesized hydrocarbon;
(2) meets the requirements of--
(A) ASTM International Standard D7566 (or such
successor standard); or
(B) the co-processing provisions of ASTM
International Standard D1655, Annex A1 (or such
successor standard);
(3) is derived from biomass (as such term is defined in
section 45K(c)(3) of the Internal Revenue Code of 1986), waste
streams, renewable energy sources, or gaseous carbon oxides;
(4) is not derived from palm fatty acid distillates; and
(5) conforms to the standards, recommended practices,
requirements and criteria, supporting documents, implementation
elements, and any other technical guidance, for sustainable
aviation fuels that are adopted by the International Civil
Aviation Organization with the agreement of the United States.
SEC. 316. 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. 317. GUIDANCE AND TARGET DEADLINE 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 Deadline for Military Munitions Response Program.--The
Assistant Secretary of Defense for Energy, Installations, and
Environment shall establish a target deadline for the completion of the
cleanup of all Military Munitions Response Program sites.
SEC. 318. BUDGET INFORMATION FOR ALTERNATIVES TO BURN PITS.
The Secretary of Defense shall include in the budget materials
submitted to Congress in support of the Department of Defense budget
for fiscal year 2024 (as submitted with the budget of the President for
such fiscal year under section 1105(a) of title 31, United States Code)
a dedicated budget line item for incinerators and waste-to-energy waste
disposal alternatives to burn pits.
SEC. 319. PROGRAM TO TRACK AND REDUCE SCOPE 3 EMISSIONS AND ENERGY
COSTS.
(a) Program Authorized.--The Secretary of Defense shall establish a
program, to be known as the ``Scope 3 Emissions Reduction Program'',
under which the Secretary shall use innovative software to--
(1) establish full accountability with respect to the Scope
3 greenhouse gas emissions in the supply chain of the
Department of Defense; and
(2) produce actionable data to reduce emissions and save
energy costs.
(b) Goals of the Program.--The goals of the Scope 3 Emissions
Reduction Program are--
(1) to prove emerging technologies, methodologies, and
capabilities to effectively track and compile transparent and
reliable scope 3 emissions data and energy costs in real time;
(2) to produce actionable emissions and climate data; and
(3) to increase efficiencies and reduce costs.
SEC. 320. REQUIREMENT TO INCLUDE INFORMATION RELATING TO ELECTRIC
VEHICLE CHARGING IN CERTAIN MILITARY CONSTRUCTION PROJECT
PROPOSALS.
(a) Requirement.--As part of the Department of Defense Form 1391
submitted to the appropriate committees of Congress for a military
construction project for a facility that includes (or is planned to
include) parking for covered motor vehicles, the Secretary concerned
shall include the following:
(1) A proposal for the provision of charging stations and
other covered infrastructure sufficient to cover the
anticipated electricity demand of the electric charging,
concurrently, for not less than 15 percent of all covered motor
vehicles planned to be parked at the facility.
(2) The cost of constructing such stations and
infrastructure in the overall cost of the project.
(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) Applicability.--The requirement under subsection (a) shall
apply with respect to military construction projects for which a
Department of Defense Form 1391 is submitted to the appropriate
committees of Congress beginning on or after the date of the enactment
of this Act.
(c) Definitions.--In this section:
(1) The terms ``charging station'' and ``covered
infrastructure'' have the meanings given those terms in section
314(e).
(2) The term ``covered motor vehicle'' means a Federal
Government motor vehicle, including a motor vehicle leased by
the Federal Government.
(3) The term ``Defense Agency'' has the meaning given that
term in section 101(a) of title 10, United States Code.
(4) 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--
(i) facilities of the Defense Agencies; or
(ii) facilities of a reserve component
owned by a State rather than the United States.
SEC. 321. SENSE OF CONGRESS REGARDING ELECTRIC OR ZERO-EMISSION
VEHICLES FOR NON-COMBAT VEHICLE FLEET.
It is the sense of Congress that any new non-tactical Federal
vehicle purchased by the Department of Defense for use outside of
combat should, to the greatest extent practicable, be an electric or
zero-emission vehicles.
SEC. 322. STUDY ON ENVIRONMENTAL CONTAMINATION AND CLEANUP ASSOCIATED
WITH THORIUM-230 AND RELATED SUBSTANCES.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of Energy and the Administrator of the Environmental
Protection Agency, shall submit to the congressional defense committees
a report containing the results of a study on the environmental
contamination and associated remediation efforts at sites in the United
States where weapons containing Thorium-230 were developed,
transported, stored, or otherwise used.
(b) Elements.-- The report required under subsection (a) shall
include the following:
(1) A list of sites with known or suspected Thorium-230
contamination due to weapons development, transportation or
storage, or waste disposal.
(2) A discussion of the current characterization of each
such site as a formerly used defense site, a site subject to a
Base Realignment and Closure action, an active site, or other
type of site.
(3) A specific discussion of the area surrounding Coldwater
Creek in Saint Louis, Missouri.
(4) The status of each site identified under paragraph (1)
including--
(A) any environmental remediation that has been
completed or is underway at the site, including
contamination levels, if known;
(B) any significant illness cluster associated with
the geographic proximity of the site;
(5) A detailed plan for any necessary environmental
remediation as well as site prioritization associated with the
sites identified under paragraph (1).
SEC. 323. DESTRUCTION OF MATERIALS CONTAINING PFAS WITH TECHNOLOGIES
NOT REQUIRING INCINERATION.
(a) Report.--Not later than 180 days 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 a
report on the progress of the Department of Defense in implementing on-
site PFAS destruction technologies not requiring incineration. The
report shall include the following:
(1) A list of technologies that modify the characteristics
of the waste such that it is no longer classified as hazardous
waste and can be disposed of through more cost-effective mixed
waste protocols.
(2) An identification of any such technologies that have
undergone, are undergoing, or will undergo testing by the
Environmental Security Technology Certification Program and the
status of such testing.
(3) The results of any such testing.
(b) Guidance.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall prescribe guidance on best practices and
preferred methods for destruction and disposal of PFAS wastes with an
emphasis on alternatives to incineration.
(c) Extension of Moratorium.--The Secretary of Defense shall
prohibit the incineration of covered materials under section 343 of the
National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 2701
note) until the date on which the Secretary prescribes the guidance
required under subsection (b).
SEC. 324. ANALYSIS AND PLAN FOR ADDRESSING HEAT ISLAND EFFECT ON
MILITARY INSTALLATIONS.
(a) Installation Analysis.--At the direction of the Secretary of
Defense, the commander of each large military installation (as
determined by the Secretary) shall conduct an analysis of--
(1) how the effect known as the ``heat island effect''
exacerbates summer heat conditions and necessitates the
increased use of air conditioning on the installation; and
(2) inventory on the percentage of tree cover and plant
shade trees on the property of the installation.
(b) Report.--Not later than September 30, 2023, the commander of
each large military installation shall submit to the Secretary of the
analysis conducted by the commander under subsection (a).
(c) Plan.--The Secretary shall--
(1) review the reports submitted under subsection (b);
(2) identify any installation that is a significant heat
island with large expanses of concrete or asphalt; and
(3) direct the commander of any installation so identified
to increase the tree coverage on the property of the
installation by 10 to 30 percent by not later than September
30, 2025.
(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. 325. COMPTROLLER GENERAL REPORT ON ACCELERATION AND IMPROVEMENT OF
ENVIRONMENTAL CLEANUP OF VIEQUES AND CULEBRA, PUERTO
RICO.
(a) Report Required.--Not later than 180 days 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
containing the results of a study conducted by the Comptroller General
on the status of the Federal cleanup and decontamination process in the
island-municipalities of Vieques and Culebra, Puerto Rico.
(b) Contents.--The study shall include a comprehensive analysis of
the following:
(1) The pace of ongoing cleanup and environmental
restoration efforts in the former military training sites in
Vieques and Culebra.
(2) Any potential alternatives to accelerate the completion
of such efforts, including their associated costs.
(3) Any effects such alternatives might have on the public
health and safety of island residents and steps that can be
taken to mitigate risks.
(4) The views of residents of Vieques and Culebra regarding
actions that should be taken to achieve the cleanup process
more expeditiously and successfully.
(5) Any adverse health outcomes resulting from toxic matter
at the sites or cleanup procedure in and avenues to compensate
local communities for economic losses and medical costs
incurred.
(6) The economic impact that the cleanup process has had on
local residents due to restricted use of land for tourism and
other activities and avenues to compensate local communities
for economic losses.
SEC. 326. REPORT ON DEPARTMENT OF DEFENSE FLOOD MAPPING EFFORTS.
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 flood mapping efforts of the Department of
Defense. Such report shall address--
(1) how frequently the Department updates such flood maps;
(2) the resources used to undertake flood mapping projects;
and
(3) whether, and if so, how, such maps are incorporated
into broader flood maps of the Federal Emergency Management
Agency.
SEC. 327. BIANNUAL LEAK INSPECTIONS OF NAVY AND AIR FORCE UNDERGROUND
STORAGE TANKS ON GUAM.
(a) Navy.--The Secretary of the Navy shall ensure that underground
fuel storage tanks owned by the Navy and located on Guam are checked
for leaks at least once every six months.
(b) Air Force.--The Secretary of the Air Force shall ensure that
underground fuel storage tanks owned by the Air Force and located on
Guam are checked for leaks at least once every six months.
SEC. 328. ADDITIONAL SPECIAL CONSIDERATIONS FOR ENERGY PERFORMANCE
GOALS AND ENERGY PERFORMANCE MASTER PLAN.
(a) Additional Special Considerations.--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.''.
(b) Report on Feasibility of Terminating Energy Procurement From
Foreign Entities of Concern.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Assistant Secretary of Defense
for Operational Energy Plans and Programs shall submit to the
appropriate congressional committees a report on the
feasibility and advisability of terminating energy procurement
by the Department of Defense from foreign entities of concern.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An assessment of the reliance by the Department
of Defense on foreign entities of concern for the
procurement of energy.
(B) An identification of the number of energy
contracts in force between the Director of the Defense
Logistics Agency and a foreign entity of concern or an
entity headquartered in a country that is a foreign
entity of concern.
(c) 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 ``foreign entity of concern'' has the meaning
given that term in section 9901 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (15 U.S.C. 4651).
SEC. 329. CLARIFICATION AND REQUIREMENT FOR DEPARTMENT OF DEFENSE
RELATING TO RENEWABLE BIOMASS AND BIOGAS.
(a) Clarification of Renewable Energy Sources.--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) 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)), and the regulations thereunder.
``(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)), and the regulations thereunder.''.
(b) Requirement.--With respect to any energy-related activity
carried out pursuant to chapter 173 of title 10, United States Code,
biomass and biogas (as such terms are defined in section 2924 of such
title, as amended by subsection (a)) shall be considered an eligible
energy source for purposes of such activity.
Subtitle C--Red Hill Bulk Fuel Facility
SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE FACILITY.
(a) Deadline for Completion of Defueling.--
(1) In general.--Subject to the certification requirement
under subsection (e), the Secretary of the Navy, in cooperation
with the Director of the Defense Logistics Agency, shall
complete the defueling of the Red Hill Bulk Fuel Storage
Facility by not later than December 31, 2023.
(2) Report.--Not later than December 31, 2022, the
Secretary of the Navy 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
the defueling of the Red Hill Bulk Fuel Storage Facility.
(b) Compliance With Applicable Laws.--The Secretary of the Navy, in
coordination with the Administrator of the Environmental Protection
Agency and the State of Hawaii, shall plan for and implement the
defueling of the Red Hill Bulk Fuel Facility in a manner that complies
with all applicable laws.
(c) Mitigation Plan.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Navy shall make
publicly available an unclassified report containing the plan
of the Secretary for actions to be taken to mitigate the
impacts caused by releases at the Red Hill Bulk Fuel Storage
Facility, together with cost estimates for such actions.
(2) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Navy shall
provide to the congressional defense committees a briefing on
the actions and cost estimates included in the plan required
under paragraph (1).
(d) Oversight Requirements.--
(1) Review.--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 an appropriate independent entity
under which the entity agrees to conduct a review of the
defueling process for the Red Hill Bulk Fuel Storage Facility.
(2) Reporting requirements.--An agreement entered into
under paragraph (1) shall provide that the non-Department of
Defense entity shall produce and make publicly available, by
not later than 30 days after the completion of the defueling of
the Red Hill Bulk Fuel Storage Facility, an unclassified report
on the defueling process.
(e) Certification Requirement.--The Secretary of the Navy may not
begin the process of defueling the Red Hill Bulk Storage Facility
before the date on which the Secretary of Defense submits to the
congressional defense committees certification 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.
(f) Waiver.--
(1) In general.--The Secretary of Defense may waive the
deadline under subsection (a)(1) for a period of not more than
180 days if the Secretary submits to the congressional defense
committees certification in writing that--
(A) the Red Hill Bulk Fuel Storage Facility cannot
be defueled safely and in an environmentally sound
manner before the deadline; or
(B) the State of Hawaii Department of Health
objects to the defueling of the Facility.
(2) Extensions.--The Secretary may extend a waiver issued
under paragraph (1) if the Secretary submits to the
congressional defense committees an additional certification
described in paragraph (1) and a justification for the
extension of the waiver.
SEC. 332. ACTIVITIES PRIOR TO DECOMMISSIONING OF RED HILL BULK STORAGE
FACILITY.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
fiscal year 2023 may be obligated or expended to permanently close the
Red Hill Bulk Fuel Storage Facility until the date that is one year
after the date on which the Secretary of Defense, in consultation with
the Commander of United States Indo-Pacific Command, submits to the
congressional defense committees--
(1) the report required under subsection (b); and
(2) certification that--
(A) a fuel capacity that is equivalent to the
capacity provided by the Red Hill Bulk Fuel Storage
Facility has been added to the fuel capacity of United
States Indo-Pacific Command; and
(B) the bulk fuel requirements of United States
Indo-Pacific Command have been fully programmed for
funding in the five fiscal years following the year in
which the certification is submitted.
(b) Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Defense shall
submit to the congressional defense committees a report on the
costs associated with replacing the Red Hill Bulk Fuel Storage
Facility.
(2) Elements.--The report required by paragraph (1) shall
include each of the following:
(A) Detailed plans for how the Department of
Defense will replicate the aggregate bulk fuel storage
capacity of the Red Hill Bulk Fuel Storage Facility
throughout the Indo-Pacific region, including on United
States territories and possessions, as appropriate, in
both steady state and in a major conflict lasting not
less than 180 days, including through the use of--
(i) fleet oilers;
(ii) fuel bladders;
(iii) above ground storage facilities; and
(iv) hardened storage facilities.
(B) An identification of--
(i) any additional costs to the Department
of acquiring or building the assets planned to
replicate such fuel storage capacity and of
obtaining any required environmental approvals
to operate such assets; and
(ii) the timelines associated with
acquiring or building such assets and obtaining
such approvals.
(C) An analysis of the relative survivability,
reliability, risks, and any advantages associated with
the assets planned to replicate such fuel storage
capacity, including any changes necessary for the
operational plans of the Department compared to such
operational plans as in effect when the Red Hill Bulk
Fuel Storage Facility was operational.
(D) An identification of the cost to the Department
of maintaining the Red Hill Bulk Fuel Storage Facility
in an empty but rapidly reconstitutable state.
(E) Any other matters the Secretary of the Defense
considers relevant.
(c) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of the Secretary of Defense or the
Secretary of the Navy to conduct any of the following at Red Hill Bulk
Fuel Storage Facility:
(1) Defueling activities.
(2) Remedial investigations.
(3) Site or safety inspections.
(4) Feasibility studies.
(5) Safety related repairs.
(6) Monitoring.
(7) Transferring of fuel.
(8) Maintenance and sustainment activities.
SEC. 333. LIMITATION ON USE OF FUNDS PENDING AWARD OF CERTAIN PROJECTS
AND IMPLEMENTATION OF CERTAIN RECOMMENDATIONS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for operations and maintenance,
Navy, Administration line item, Line 440, not more than 25 percent may
be obligated or expended until the date on which the Secretary of the
Navy certifies to the congressional defense committees that the Navy
has awarded the projects listed within Chapter 8.1.1, Table 8-1, and
implemented the recommendation listed as D1 within Appendix A.1 and
Appendix A.2, of the document prepared by Simpson Gumpertz & Heger Inc,
entitled ``Final Assessment Report: Assessment of Red Hill Underground
Fuel Storage Facility Pearl Harbor, Hawaii'' and dated April 29, 2022.
SEC. 334. PLACEMENT OF SENTINEL OR MONITORING WELLS IN PROXIMITY TO RED
HILL BULK FUEL FACILITY.
(a) In General.--Not later than April 1, 2023, the Secretary of
Defense, 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 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 the wells proposed to be
established by the aquifer recovery working group;
(3) an analysis of the need for any wells not recommended
by the aquifer recovery working group;
(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 Defense shall provide to the
congressional defense committees a briefing on the progress of the
Department toward installing the wells described in paragraphs (2) and
(3) of subsection (a).
SEC. 335. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO TRACK HEALTH
IMPLICATIONS OF FUEL LEAKS AT RED HILL BULK FUEL
FACILITY.
(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 Director of the Centers for Disease Control and Prevention and the
Administrator of the Environmental Protection Agency, shall submit to
the appropriate congressional committees a report on the efforts of the
Secretary to appropriately track the health implications of fuel leaks
from the Red Hill Bulk Fuel Facility for members of the Armed Forces
and their dependents, including members and dependents from each Armed
Force, including the Coast Guard. The report shall include each of the
following:
(1) A plan to coordinate with the Centers for Disease
Control and Prevention to align with the environmental health
assessment and monitoring efforts of the Centers.
(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 from the Red Hill
Bulk Fuel Facility.
(4) A description of the potential health implications of
contaminants, including fuel, found in the drinking water
distribution system at the Red Hill Bulk Fuel Facility during
testing after the fuel leaks that occurred in May and November
2021.
(5) A description of any contaminants, including fuel,
detected in the water during the 12-month period preceding the
fuel leak 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 Facility before May 2021.
(b) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Energy and Commerce of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources of the
Senate.
SEC. 336. 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 the Defense, in coordination with the Honolulu
Board of Water Supply, shall conduct a study on how the
Department of Defense can best address the future water needs
on the island of Oahu for the Armed Forces. 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 the Navy utilities to the Honolulu
Board of Water Supply, with consideration; and
(F) any other water solutions the Secretary
determines appropriate.
(2) Coordination.--In carrying out the study under
paragraph (1), the Secretary shall coordinate with the State of
Hawaii, the Honolulu Board of Water Supply, the Secretary of
the Department in which the Coast Guard is operating, the
Administrator of the Environmental Protection Agency, and any
other individual or entity the Secretary determines
appropriate.
(b) Hydrological Study.--
(1) In general.--Not later than July 31, 2023, the
Secretary of Defense shall enter into an agreement with the
Administrator of the Environmental Protection Agency and the
Director of the United States Geological Survey, in
consultation with the State of Hawaii, to perform a study to
model the groundwater flow in the area surrounding the Red Hill
Bulk Fuel Storage Facility. The model shall be designed to--
(A) seek to improve the understanding of the
direction and rate of groundwater flow and dissolved
constituent migration within the aquifers around the
facility;
(B) reflect site specific data, including available
data of the heterogeneous subsurface geologic system;
and
(C) address any previously identified deficiencies
in existing groundwater flow models.
(2) Deadline for completion.--The study under paragraph (1)
shall be completed by not later than one year after the date of
the enactment of this Act.
(c) Report; Briefing.--
(1) In general.--Upon completion of the studies under
subsections (a) and (b), the Secretary shall--
(A) submit to the appropriate congressional
committees a report on the findings of the studies; and
(B) provide to such committees a briefing on such
findings.
(2) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce
of the House of Representatives; and
(C) the Committee on Commerce, Science, and
Transportation and the Committee on Environment and
Public Works of the Senate.
SEC. 337. STUDY ON ALTERNATIVE USES FOR RED HILL BULK FUEL 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 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.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 341. 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. 342. MODIFICATION TO RESTRICTION ON DEPARTMENT OF DEFENSE
PROCUREMENT OF CERTAIN ITEMS CONTAINING PERFLUOROOCTANE
SULFONATE OR PERFLUOROOCTANOIC ACID.
(a) Modification.--Section 333 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 3531, 10 U.S.C. 3063 note) is amended--
(1) in the section heading, by striking ``perfluorooctane
sulfonate or perfluorooctanoic acid'' and inserting
``perfluoroalkyl substances or polyfluoroalkyl substances'';
(2) in subsection (a), by striking ``perfluorooctane
sulfonate (PFOS) or perfluorooctanoic acid (PFOA)'' and
inserting ``any perfluoroalkyl substance or polyfluoroalkyl
substance''; and
(3) by amending subsection (b) to read as follows:
``(b) Definitions.--In this section:
``(1) The term `covered item' means the following:
``(A) Nonstick cookware or food service ware for
use in galleys or dining facilities.
``(B) Food packaging materials.
``(C) Cleaning products, including floor waxes.
``(D) Carpeting.
``(E) Rugs, curtains, and upholstered furniture.
``(F) Sunscreen.
``(G) Shoes and clothing for which treatment with a
perfluoroalkyl substance or polyfluoroalkyl substance
is not necessary for an essential function.
``(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 nonfluorinated carbon atom.''.
(b) Reports on Procurement of Certain Items Without Intentionally
Added Perfluoroalkyl Substances or Polyfluoroalkyl Substances.--Not
later than 270 days after the date of the enactment of this Act, and
annually thereafter, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report containing a detailed description of the following:
(1) Steps taken to identify covered items with any
intentionally added perfluoroalkyl substance or polyfluoroalkyl
substance procured by the Department of Defense.
(2) Steps taken to identify covered items without any
intentionally added perfluoroalkyl substance or polyfluoroalkyl
substance, and the vendors of such covered items, for
procurement by the Department.
(3) Steps taken to limit the procurement by the Department
of covered items with any intentionally added perfluoroalkyl
substance or polyfluoroalkyl substance.
(4) Planned steps of the Department to limit the
procurement of items with any intentionally added
perfluoroalkyl substance or polyfluoroalkyl substance.
(c) Definitions.--In this section:
(1) The term ``covered item'' includes the following:
(A) Nonstick cookware or food service ware for use
in galleys or dining facilities.
(B) Food packaging materials.
(C) Cleaning products, including floor waxes.
(D) Carpeting.
(E) Rugs, curtains, and upholstered furniture.
(F) Sunscreen.
(G) Shoes and clothing for which treatment with a
perfluoroalkyl substance or polyfluoroalkyl substance
is not necessary for an essential function.
(H) Such other items as may be determined by the
Secretary of Defense.
(2) The terms ``perfluoroalkyl substance'' and
``polyfluoroalkyl substance'' have the meaning given such terms
in section 333 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 134 Stat. 3531, 10 U.S.C. 3063 note), as amended by
subsection (a).
SEC. 343. PROHIBITION ON PURCHASE BY DEPARTMENT OF DEFENSE OF
FIREFIGHTING EQUIPMENT CONTAINING PER- AND
POLYFLUOROALKYL SUBSTANCES.
(a) Prohibition on Procurement.--Except as provided in subsection
(d), beginning October 1, 2025, the Secretary of Defense may not enter
into any contract for the purchase of personal protective firefighting
equipment for use by firefighters of the Department of Defense if such
equipment contains a per- or polyfluoroalkyl substance.
(b) Implementation.--The Secretary of Defense shall include the
prohibition under subsection (a) in any contract for the purchase of
personal protective firefighting equipment for use by firefighters of
the Department of Defense.
(c) Savings Clause.--Nothing in this section shall be construed--
(1) to require the Secretary of Defense to test any piece
of covered personal protective firefighting equipment to
confirm the absence of per- and polyfluoroalkyl substances; or
(2) to affect existing inventories of personal protective
firefighting equipment.
(d) Lack of Availability.--
(1) In general.--If the Secretary of Defense determines
that equipment described in paragraph (2) is not available for
purchase by the Department of Defense, the requirement under
subsection (a) shall not apply until such date as the Secretary
determines that such equipment is available for purchase.
(2) Equipment described.--The equipment described in this
paragraph is personal protective firefighting equipment that--
(A) does not contain a per- or polyfluoroalkyl
substance;
(B) meets every applicable standard for personal
protective firefighting equipment (other than a
standard specifically relating to per- or
polyfluoroalkyl substances); and
(C) is at least as protective as current personal
protective firefighting equipment containing a per- or
polyfluoroalkyl substance.
SEC. 344. STANDARDS FOR RESPONSE ACTIONS WITH RESPECT TO PFAS
CONTAMINATION.
(a) In General.--In conducting a response action to address
perfluoroalkyl or polyfluoroalkyl substance contamination from
Department of Defense or National Guard activities, the Secretary of
Defense shall conduct such actions to achieve a level of such
substances in the environmental media that meets or exceeds the most
stringent of the following standards for each applicable covered PFAS
substance in any environmental media:
(1) A State standard, as described in section
121(d)(2)(A)(ii) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9621(d)(2)(A)(ii)), that is in effect in the State in which the
response action is being conducted, regardless of whether any
agency has made a determination under section 300.400(g) of
title 40, Code of Federal Regulations, with respect to such
standard for purposes of the response action.
(2) A Federal standard, as described in section
121(d)(2)(A)(i) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9621(d)(2)(A)(i)).
(3) A health advisory under section 1412(b)(1)(F) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)).
(b) Definitions.--In this section:
(1) The term ``covered PFAS substance'' means any of the
following:
(A) Perfluorononanoic acid (PFNA).
(B) Perfluorooctanoic acid (PFOA).
(C) Perfluorohexanoic acid (PFHxA).
(D) Perfluorooctane sulfonic acid (PFOS).
(E) Perfluorohexane sulfonate (PFHxS).
(F) Perfluorobutane sulfonic acid (PFBS).
(G) Perfluoroheptanoic acid (PFHpA).
(H) Perfluorodecanoic acid (PFDA).
(I) Fluorotelomer sulfonamide betaine.
(2) The term ``response action'' means an action taken
pursuant to section 104 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604).
(c) Savings Clause.--Except with respect to the specific level
required to be met under subsection (a), nothing in this section
affects the application of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
SEC. 345. LIST OF CERTAIN PFAS USES DEEMED ESSENTIAL; BRIEFINGS ON
DEPARTMENT OF DEFENSE PROCUREMENT OF CERTAIN ITEMS
CONTAINING PFOS OR PFOA.
(a) List of PFAS Uses Deemed Essential.--Not later than June 1,
2023, the Secretary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a list of each
known use of per- or polyfluoroalkyl substances that the Secretary has
deemed an essential use for which use of a replacement substance is
impossible or impracticable. For each use so listed, the Secretary
shall--
(1) identify why the use is essential; and
(2) provide a brief explanation as to why such replacement
is impossible or impracticable, as the case may be.
(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. INDEPENDENT STUDY RELATING TO FUEL DISTRIBUTION LOGISTICS
ACROSS UNITED STATES INDO-PACIFIC COMMAND.
(a) Study.--Not later than the 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
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 federally funded research and
development center with which the Secretary seeks to enter into an
contract under subsection (a) shall meet the following criteria, as
determined by the Secretary:
(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) Elements.--The study conducted pursuant to subsection (a) 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.
(d) Report.--
(1) Submission to secretary of defense.--
(A) In general.--The Secretary of Defense shall
require, as a term of any contract entered into with a
federally funded research and development center to
conduct a study pursuant to subsection (a), that not
later than one year after the date of entering into
such contract, the federally funded research and
development center shall submit to the Secretary a
report containing the findings of the study.
(B) Form.--The report under subparagraph (A) shall
be submitted in an unclassified and publicly releasable
form, but may contain a classified annex.
(2) Submission to congress.--Not later than 30 days after
the date on which the Secretary of Defense receives the report
under paragraph (1), the Secretary shall submit to the
appropriate congressional committees a copy of such report,
submitted without change.
(e) 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 that term in section 2926 of title 10, United
States Code.
SEC. 354. 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:
``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 within
that military department and the reduction of unnecessary fuel
consumption in support of the goals under subsection (b).
``(b) Goals.--The goals of the programs established under
subsection (a) shall be as follows:
``(1) To reduce the reliance of the Department of Defense
on fossil fuels.
``(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 such 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 the reduction of fuel
consumption and fuel logistics.
``(2) The fostering of an energy-aware culture across the
military department to reduce fuel consumption, including
through--
``(A) the provision of educational and training
materials, including such materials that provide
information on the importance of operational energy
security and energy-aware behavior for military
readiness and combat capability; and
``(B) the pursuit of relevant research
opportunities with civilian institutions of higher
education and postsecondary educational institutions
within the Department of Defense.
``(3) The integration of operational energy factors into
the wargaming of the military department and other 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 operations planning
and logistics, to optimize cargo transport, streamline
operations, and reduce fuel demand and reliance 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)(4), 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 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.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
SEC. 361. 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. 362. 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. 363. 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 ``six'' and inserting ``eight'';
and
(B) by adding at the end the following new
sentence: ``Of such total amount required to be
invested, an amount equal to not less than two percent
of such average total for the preceding three fiscal
years shall be invested from funds authorized for
Facilities Sustainment, Restoration, and Modernization
activities of the military department.''; and
(2) in subsection (b), by inserting `` including through
the rebuilding of property following the end of the economic
useful life of the property and the restoration of property or
equipment to like-new condition,'' after ``operations,'';
(3) by redesignating subsections (c) through (e) as
subsections (d) through (f); and
(4) by inserting after subsection (b) the following new
subsection:
``(c) Compliance With Certain Requirements.--In identifying amounts
to invest pursuant to the requirement under subsection (a), the
Secretary of a military department shall comply with all applicable
requirements of sections 129 and 129a of this title.''.
(b) Conforming Amendment.--Section 2861(b) of such title is amended
by striking ``subsection (e) of section 2476'' and inserting
``subsection (f) of section 2476''.
(c) Applicability.--The amendments made by subsection (a) shall
apply with respect to fiscal years beginning on or after October 1,
2023.
SEC. 364. 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. 365. 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. 366. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT AND AMMUNITION
PRODUCTION FACILITY INFRASTRUCTURE.
(a) Five-year Plans Required.--Concurrent with the submission to
Congress of the budget of the President for each of fiscal years 2024,
2025, 2026, 2027, and 2028 pursuant to section 1105(a) of title 31,
United States Code, each Secretary of a military department shall
submit to the congressional defense committees a report containing a
description of the plan of that Secretary to improve depot and
ammunition production facility infrastructure during the five fiscal
years following the fiscal year for which such budget is submitted,
with the objective of ensuring that all covered facilities have the
capacity and capability to support the readiness and material
availability goals of current and future weapon systems of the
Department of Defense.
(b) Elements.--Each plan required pursuant to subsection (a) shall
include, with respect to the depots and ammunition production
facilities of the military department for which the plan is submitted,
the following:
(1) A comprehensive review of the conditions and
performance of each covered facility, including the following:
(A) An assessment of the current status of the
following elements:
(i) Cost and schedule performance of the
covered facility.
(ii) Material availability of weapon
systems supported at the covered facility and
the impact of the performance of the covered
facility on that availability.
(iii) Work in progress and non-operational
items awaiting covered facility maintenance.
(iv) The condition of the covered facility.
(v) The backlog of restoration and
modernization projects at the covered facility.
(vi) The condition of equipment at the
covered facility.
(vii) The vulnerability of the covered
facility to adverse environmental conditions
and, if necessary, the investment required to
withstand those conditions.
(B) With respect to the five-year period covered by
the plan, an identification of the major lines of
effort, milestones, and specific goals over such period
to address the elements specified in subparagraph (A)
and a description of how such goals serve the long-term
strategies of the Department of Defense relating to
covered facility improvement, including, as applicable,
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).
(2) The estimated costs of necessary depot and ammunition
production facility 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 of the
military department to initiate such environmental and
engineering studies as may be necessary to carry out planned
depot and ammunition production facility improvements.
(4) Detailed information regarding how depot improvement
projects and ammunition production facility improvement
projects will be paced and sequenced to ensure continuous
operations.
(c) Incorporation of Results-oriented Management Practices.--Each
plan required pursuant to 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.
(d) Definitions.--In this section:
(1) The term ``ammunition production facility'' means an
ammunition organic industrial base production facility.
(2) The term ``covered depot'' has the meaning given that
term in section 2476 of title 10, United States Code.
(3) The term ``covered facility'' means a covered depot or
an ammunition production facility.
SEC. 367. CLARIFICATION OF CALCULATION FOR CERTAIN WORKLOAD CARRYOVER
OF DEPARTMENT OF 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--Reports
SEC. 371. 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 December 31, 2022, and on an annual basis
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. 372. QUARTERLY REPORTS ON EXPENDITURES FOR ESTABLISHMENT OF FUEL
DISTRIBUTION POINTS IN INDOPACOM AREA OF RESPONSIBILITY.
(a) Quarterly Reports Required.--The Commander of United States
Indo-Pacific Command shall submit to the congressional defense
committees quarterly reports on the use of the funds described in
subsection (c) until the date on which all such funds are expended.
(b) Contents of Report.--Each report required 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.
SEC. 373. SECRETARY OF DEFENSE REPORT ON ESTABLISHING PROCEDURE FOR
ALERTING ABOUT EXPOSURE TO PERFLUOROALKYL SUBSTANCES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit a report
to Congress detailing how to establish a process for alerting active
and retired members of the Armed Forces (and their families) about any
applicable exposure of such individuals to perfluoroalkyl substances,
and any potential health risks resulting from such exposure.
(b) Applicable Exposure Defined.--For purposes of subsection (a),
``applicable exposure'' means exposure while serving on a military base
that contains perfluoroalkyl substance contamination of more than the
acceptable exposure limits provided by the Environmental Protection
Agency (0.004 parts per trillion (ppt) for perfluorooctanoic acid
(PFOA) and 0.02 ppt for perfluorooctane sulfonic acid (PFOS)).
SEC. 374. REPORT ON EFFECTS OF WILDFIRE AND DROUGHT CONDITIONS ON
MILITARY READINESS AT UNITED STATES NAVAL OBSERVATORY
FLAGSTAFF STATION.
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 on the effects of wildfire and persistent drought
conditions at the United States Naval Observatory Flagstaff Station.
Such report shall include the following:
(1) A detailed description of the threat that such
conditions pose to the United States Naval Observatory
Flagstaff Station, including with respect to the mission of the
facility, continued operations, military readiness, military
and civilian workforce, housing, and access to water at the
facility.
(2) Recommendations for actions to be taken by the
Secretary of Defense, and by Congress, to ensure the continued
and safe operations of the facility.
SEC. 375. REPORTS RELATING TO AQUEOUS FILM-FORMING FOAM SUBSTITUTES AND
PFAS CONTAMINATION AT CERTAIN INSTALLATIONS.
(a) Report on Progress Towards AFFF Substitutes.--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 a report on the progress made
towards, and the status of any certification efforts relating to, the
replacement of fluorinated aqueous film-forming foam with a fluorine-
free fire-fighting agent, as required under section 322 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1307; 10 USC 2661 note prec.).
(b) Report on Non-AFFF PFAS Contamination at Certain Military
Installations.--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 a
report on 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. 376. BRIEFINGS ON IMPLEMENTATION OF RECOMMENDATIONS RELATING TO
SAFETY AND ACCIDENT PREVENTION.
Beginning not later than 45 days after the date of the enactment of
this Act, and on a biannual basis thereafter until such time as each
recommendation referred to in this section has been implemented, 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 recommendations relating to safety and the
prevention of accidents and mishaps (including fatal accidents) with
respect to members of the Armed Forces, including--
(1) the recommendations of the Comptroller General of the
United States in the Government Accountability Office report of
July 2021, titled ``Military Vehicles: Army and Marine Corps
Should Take Additional Actions to Mitigate and Prevent Training
Accidents'' (relating to vehicle safety);
(2) the recommendations of the National Commission on
Military Aviation Safety under section 1087 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1992); and
(3) the 117 recommendations of the Readiness Reform
Oversight Committee of the Department of the Navy following the
deaths of 17 members of the Armed Forces on the USS John McCain
and the USS Fitzgerald.
Subtitle H--Other Matters
SEC. 381. ACCOUNTABILITY FOR 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 military working dogs
``(a) Annual Reporting Requirement for Contractors.--
``(1) Requirement.--The Secretary of Defense shall require
that each covered contractor submit to the Under Secretary of
Defense (Comptroller), on an annual basis for the contract
period, a report containing an identification of--
``(A) 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
``(B) the primary location of any such military
working dogs.
``(2) Guidance.--The Under Secretary of Defense
(Comptroller) shall issue guidance on the annual reporting
requirement under paragraph (1) for purposes of carrying out
this section.
``(b) Annual Report to Congress.--Not later than March 1, 2023, and
on an annual basis thereafter, the Secretary of Defense shall submit to
the congressional defense a committees a report on the implementation
of this section.
``(c) Covered Contractor Defined.--The term `covered contractor'
means a contractor of the Department of Defense the contract of which
the Secretary determines involves military working dogs.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to contracts entered into on or after the date of
the enactment of this Act.
(c) 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 specified in section 995(a)(2)
of title 10, United States Code, as added by subsection (a).
(d) Regulations to Prohibit Abandonment.--Not later than 2 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. 382. 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. 383. REQUIREMENT OF SECRETARY OF DEFENSE TO REIMBURSE STATE COSTS
OF FIGHTING CERTAIN WILDLAND FIRES.
(a) Requirement.--Section 2691(d) of title 10, United States Code,
is amended by striking ``may'' and inserting ``shall''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to any lease, permit, license, or other grant of
access that the Secretary of Defense enters into, or grants, on or
after the date of the enactment of this Act.
SEC. 384. EXPANDED CONSULTATION IN TRAINING OF NATIONAL GUARD PERSONNEL
ON WILDFIRE RESPONSE.
Section 351 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91) is amended by inserting ``and the
National Interagency Fire Center'' after ``Bureau''.
SEC. 385. 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 shall submit to the
congressional defense 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) Any other matters the Secretary of Defense considers
appropriate.
(d) Explosives Detection Working Dog.--In this section, 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. 386. ESTABLISHMENT OF ARMY AND AIR FORCE SAFETY COMMANDS;
IMPLEMENTATION OF ACCIDENT INVESTIGATION RECOMMENDATIONS.
(a) Safety Commands.--
(1) Army safety command.--
(A) Establishment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
the Army shall establish within the Department of the
Army an ``Army Safety Command''.
(B) Commander.--There is a Commander of the Army
Safety Command. The Commander shall be selected by the
Secretary of the Army from among the general officers
of the Army who hold a rank of major general or higher.
(C) Duties.--The duties of the Army Safety Command
shall include, with respect to the Army, the
formulation of safety policy, the development of risk
management strategies, the monitoring of risk
adjudication processes, the provision of safety-related
training, and such other duties as the Secretary of the
Army may determine appropriate.
(2) Air force safety command.--
(A) Establishment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
the Air Force shall establish within the Department of
the Air Force an ``Air Force Safety Command''.
(B) Commander.--There is a Commander of the Air
Force Safety Command. The Commander shall be selected
by the Secretary of the Air Force from among the
general officers of the Air Force who hold a rank of
major general or higher.
(C) Duties.--The duties of the Air Force Safety
Command shall include, with respect to the Air Force,
the formulation of safety policy, the development of
risk management strategies, the monitoring of risk
adjudication processes, the provision of safety-related
training, and such other duties as the Secretary of the
Air Force may determine appropriate.
(3) Transfer of preexisting organizational elements.--As of
the date on which the Safety Command of a military department
is established under this subsection, any element of that
military department responsible for the duties of such Safety
Command as of the day before the date of such establishment
(including the duties, responsibilities, and personnel of any
such element) shall be transferred to such Safety Command.
(4) Briefings.--Not later than 90 days after the date on
which the Safety Command of a military department is
established under this subsection, the Secretary of that
military department shall provide to the congressional defense
committees a briefing on the duties, assigned personnel, key
lines of effort, and organizational structure of such Safety
Command.
(b) Implementation of Accident Investigation Recommendation.--
(1) Establishment of responsible entities.--
(A) Army.--Not later than 180 days of enactment of
this Act, the Secretary of the Army shall establish
within the Department of the Army an entity the primary
responsibility of which is to ensure the implementation
across the Army of recommended actions arising from
accident investigations conducted by the Department of
Defense.
(B) Air force.--Not later than 180 days of
enactment of this Act, the Secretary of the Air Force
shall establish within the Department of the Air Force
an entity the primary responsibility of which is to
ensure the implementation across the Air Force of
recommended actions arising from accident
investigations conducted by the Department of Defense.
(2) Briefings.--Not later than 90 days after the date on
which the Secretary of a military department establishes a
responsible entity under paragraph (1), that Secretary shall
provide to the congressional defense committees a briefing on
the duties, assigned personnel, key lines of effort, and
organizational structure of such entity.
SEC. 387. NATIONAL STANDARDS FOR FEDERAL FIRE PROTECTION AT MILITARY
INSTALLATIONS.
(a) Standards Required.--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 shall comply with the National Consensus
Standards developed by the National Fire Protection Association
pursuant to section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (Pub. L. 104-113; 15 U.S.C. 272
note);
(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) 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. 388. PILOT PROGRAM FOR TACTICAL VEHICLE SAFETY DATA COLLECTION.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Army and the Secretary of
the Navy shall jointly carry out a pilot program to evaluate the
feasibility of using data recorders to monitor, assess, and improve the
readiness and safety of the operation of military tactical vehicles (in
this section referred to as the ``pilot program'').
(b) Purposes.--The purposes of the pilot program are--
(1) to allow for the automated identification of hazards
and potential hazards on and off military installations;
(2) to mitigate and increase awareness of hazards and
potential hazards on and off military installations;
(3) to identify near-miss accidents;
(4) to create a standardized record source for accident
investigations;
(5) to assess individual driver proficiency, risk, and
readiness;
(6) to increase consistency in the implementation of
military installation and unit-level range safety programs
across military installations and units;
(7) to evaluate the feasibility of incorporating metrics
generated from data recorders into the safety reporting systems
and to the Defense Readiness Reporting System as a measure of
assessing safety risks, mitigations, and readiness;
(8) to determine the costs and benefits of retrofitting
data recorders on legacy platforms and including data recorders
as a requirement in acquisition of military tactical vehicles;
and
(9) any other matters as determined by the Secretary
concerned.
(c) Requirements.--In carrying out the pilot program, the Secretary
of the Army and the Secretary of the Navy shall--
(1) assess the feasibility of using commercial technology,
such as smartphones or technologies used by insurance
companies, as a data recorder;
(2) test and evaluate a minimum of two data recorders that
meet the pilot program requirements;
(3) select a data recorder capable of collecting and
exporting the telemetry data, event data, and driver
identification during operation and accidents;
(4) install and maintain a data recorder on a sufficient
number of each of the military tactical vehicles listed under
subsection (f) at installations selected by the Secretary
concerned under subsection (e) for statistically significant
results;
(5) establish and maintain a database that contains
telemetry data, driver data, and event data captured by the
data recorder;
(6) regularly generate for each installation selected under
subsection (e) a dataset that is viewable in widely available
mapping software of hazards and potential hazards based on
telemetry data and event data captured by the data recorders;
(7) generate actionable data sets and statistics on
individual, vehicle, and military installation;
(8) require commanders at the installations selected under
subsection (e) to incorporate the actionable data sets and
statistics into the installation range safety program;
(9) require unit commanders at the installations selected
under subsection (e) to incorporate the actionable data sets
and statistics into the unit driver safety program;
(10) evaluate the feasibility of integrating data sets and
statistics to improve driver certification and licensing based
on data recorded and generated by the data recorders;
(11) use open architecture to the maximum extent
practicable; and
(12) carry out any other activities determined by the
Secretary as necessary to meet the purposes under subsection
(b).
(d) 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 develop a plan for implementing the pilot program.
(e) Locations.--Each Secretary concerned shall carry out the pilot
program at not fewer than one military installation in the United
States selected by the Secretary concerned that meets the following
conditions:
(1) Contains the necessary force structure, equipment, and
maneuver training ranges to collect driver and military
tactical vehicle data during training and routine operation.
(2) Represents at a minimum one of the five training ranges
identified in the study by the Comptroller General of the
United States titled ``Army and Marine Corps Should Take
Additional Actions to Mitigate and Prevent Training Accidents''
that did not track unit location during the training events.
(f) Covered Military Tactical Vehicles.--The pilot program shall
cover the following military tactical vehicles:
(1) Army Strykers.
(2) Marine Corps Light Armored Vehicles.
(3) Army Family of Medium Tactical Vehicles.
(4) Marine Corps Medium Tactical Vehicle Replacements.
(5) Army and Marine Corps High Mobility Multipurpose
Wheeled Vehicles.
(6) Army and Marine Corps Joint Light Tactical Vehicles.
(7) Army and United States Special Operations Command
Ground Mobility Vehicles.
(8) Army Infantry Squad Vehicles.
(9) Army Heavy Tactical Wheeled Vehicles.
(g) Metrics.--The Secretaries shall develop metrics to evaluate the
effectiveness of the pilot program in monitoring, assessing, and
improving vehicle safety, driver readiness, and mitigation of risk.
(h) Reports.--
(1) Initial.--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 jointly submit to the congressional
defense committees a report on the pilot program that addresses
the plan for implementing the requirements under subsection
(c), including the established metrics under subsection (g).
(2) Interim.--Not later than three years after the
commencement of the pilot program, the Secretary of the Army
and the Secretary of the Navy shall jointly submit to the
congressional defense committees a report on the status of the
pilot program, including the preliminary results in carrying
out the pilot program, the metrics generated during the pilot
program, disaggregated by military tactical vehicle, location,
and service, and the implementation plan under subsection (d).
(3) Final.--
(A) In general.--Not later than 90 days after the
termination of the pilot program, the Secretary of the
Army and the Secretary of the Navy shall jointly submit
to the congressional defense committees a report on the
results of the program.
(B) Elements.--The report required by subparagraph
(A) shall--
(i) assess the effectiveness of the pilot
program in meeting the purposes under
subsection (b);
(ii) include the metrics generated during
the pilot program, disaggregated by military
tactical vehicle, location, and service;
(iii) include the views of range personnel,
unit commanders, and tactical vehicle operators
involved in the pilot program on the level of
effectiveness of the technology selected;
(iv) provide a cost estimate for equipping
legacy military tactical vehicles with data
recorders;
(v) determine the instances in which data
recorders should be a requirement in the
acquisition of military tactical vehicles;
(vi) recommend whether the pilot program
should be expanded or made into a program of
record; and
(vii) recommend any statutory, regulatory,
or policy changes required to support the
purposes under subsection (b).
(i) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate five years after the date of the
enactment of this Act.
(j) Definitions.--In this section:
(1) The term ``accident'' means a collision, rollover, or
other mishap involving a motor vehicle.
(2) The term ``data recorder'' means technologies installed
in a motor vehicle to record driver identification, telemetry
data, and event data related to the operation of the motor
vehicle.
(3) The term ``driver identification'' means data enabling
the unique identification of the driver operating a motor
vehicle.
(4) The term ``event data'' includes data related to--
(A) the start and conclusion of each vehicle
operation;
(B) a vehicle accident;
(C) a vehicle acceleration, velocity, or location
with an increased potential for an accident; or
(D) a vehicle orientation with an increased
potential for an accident.
(5) The term ``Secretary concerned'' means--
(A) the Secretary of the Army with respect to
matters concerning the Army; and
(B) the Secretary of the Navy with respect to
matters concerning the Navy and Marine Corps.
(6) 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.
(7) The term ``telemetry data'' includes--
(A) time;
(B) vehicle distance traveled;
(C) vehicle acceleration and velocity;
(D) vehicle orientation, including roll, pitch, and
yaw; and
(E) vehicle location in a geographic coordinate
system, including elevation.
SEC. 389. REQUIREMENT FOR PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT OF
DEFENSE LEAD TESTING.
Section 345 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1645; 10 U.S.C. 2715 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``or lead''
after ``(commonly referred to as `PFAS')''; and
(B) in paragraph (2), by inserting ``or lead''
after ``substances''; and
(2) in subsections (b), (d), and (e), by inserting ``or
lead'' after ``polyfluoroalkyl substances'' each place such
term appears.
SEC. 390. BRIEFING RELATING TO USE OF RECYCLED RUBBER WASTE PRODUCTS BY
DEPARTMENT OF DEFENSE.
Not later than February 1, 2023, the Deputy Assistant Secretary of
Defense for Environment and Energy Resilience shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate a briefing on the use, and potential use, by the Department of
recycled and recyclable rubber products, including an assessment of the
utility of such use.
SEC. 391. REVIVAL OF REPORT ON NON-FEDERALIZED NATIONAL GUARD
PERSONNEL, TRAINING, AND EQUIPMENT REQUIREMENTS.
Section 10504(c)(1) of title 10, United States Code, is amended by
striking ``years 2018 through 2020'' and inserting ``years 2023 through
2025''.
SEC. 392. USE OF AMOUNTS AVAILABLE TO DEPARTMENT OF DEFENSE FOR
OPERATION AND MAINTENANCE FOR REMOVAL OF MUNITIONS AND
EXPLOSIVES OF CONCERN IN GUAM.
(a) In General.--The Secretary of Defense may use amounts available
to the Department of Defense for operation and maintenance to remove
munitions and explosives of concern from military installations in
Guam.
(b) Monitoring of Removal.--The Secretary shall monitor and assess
the removal by the Department of munitions and explosives of concern
from military installations in Guam and shall constantly update
processes for such removal to mitigate any issues relating to such
removal.
(c) Report on Amounts Necessary.--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 indicating the
amounts necessary to conduct removal of munitions and explosives of
concern from military installations in Guam.
(d) Definition.--In this section, the term ``munitions and
explosives of concern'' has the meaning given that term in section
179.3 of title 32, Code of Federal Regulations, or successor
regulations.
SEC. 393. FUNDING FOR UTILITY HELICOPTER MODS.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 101 for Aircraft Procurement, Army, as specified in the
corresponding funding table in section 4101, for Utility Helicopter
Mods, Line 026, is hereby increased by $10,000,000 for 60kVA
Generators.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for Operations and Maintenance, Army, as specified in the
corresponding funding table in section 4301, for Other Service Support,
Line 490, is hereby reduced by $10,000,000.
SEC. 394. SENSE OF CONGRESS REGARDING THE USE OF WORKING DOGS TO DETECT
EARLY STAGES OF DISEASES.
It is the sense of Congress that--
(1) the ongoing research effort conducted by the Department
of the Army, in partnership with the University of
Pennsylvania, titled Training Aid Delivery Device 2.0 Training
Support for COVID-19 Detection, is exploring the effectiveness
of using scent detection working dogs to detect the early
stages of diseases, including the coronavirus disease 2019
(COVID-19);
(2) this research effort will soon complete Phase 2 and has
shown promising results, including an accuracy rate of 89
percent in COVID-19 detection from t-shirt samples; and
(3) it is important that the Department of Defense funds
Phase 3 of this research effort to determine whether the use of
working dogs is a feasible method of responding to emerging
disease threats in a low-cost, low-burden, timely, and widely
applicable manner.
SEC. 395. REQUIREMENTS TO REDUCE 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; and
(2) determining the resulting out-of-pocket costs for such
members over time.
(b) Uniform Replacement Allowance for Certain Officers.--
(1) Establishment.--The Secretary of Defense shall
establish a uniform replacement allowance under which each
officer of the Armed Forces, upon promotion to the grade of O-
4, and once every three years thereafter for such time as the
officer is in a grade of O-4 or above, shall be eligible to
receive the allowance described in paragraph (2) for the
purpose of replacing required uniform items that have exceeded
the useful life of such items.
(2) Allowance.--The allowance described in this paragraph
is a cash allowance that the Secretary shall calculate by
multiplying the annual replacement cost of each required
uniform item of an officer (taking into account the expected
useful life of the item pursuant to subsection (a) and the
price of the item set by the Defense Logistics Agency as of the
date of the calculation) by three.
(c) 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, projected changes to such required uniform
items, and related costs anticipated by the Secretary (disaggregated by
Armed Force). Such report shall include pricing information for each
such item, including items that are not considered uniquely military.
SEC. 396. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS.
Section 1125 of title 10, United States Code, is amended--
(1) by inserting ``(a) General Authority.--'' before ``The
Secretary of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Recognition of Service of Military Working Dogs.--The
Secretary of Defense shall develop a decoration or other appropriate
recognition to recognize military working dogs under the jurisdiction
of the Secretary that are killed in action or that perform an
exceptionally meritorious or courageous act in service to the United
States.''.
SEC. 397. MAINTENANCE OF PUBLICLY ACCESSIBLE WEBSITE BY JOINT SAFETY
COUNCIL.
Section 184(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(10) Developing and maintaining (including by updating on
a basis that is not less frequent than once every 180 days) a
publicly accessible Internet website that contains the
following:
``(A) Information for the families of deceased
members of the armed forces who died in a fatal
operational or training accident.
``(B) Information on the findings of each review or
assessment conducted by the Council.
``(C) An identification of any recommendation of
the Council relating to the prevention of fatal
accidents among members of the Armed Forces, and
information on the progress of the implementation of
any such recommendation.''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
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, 473,000.
(2) The Navy, 348,220.
(3) The Marine Corps, 177,000.
(4) The Air Force, 323,400.
(5) The Space Force, 8,600.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (5) and inserting the following new
paragraphs:
``(1) For the Army, 473,000.
``(2) For the Navy, 348,220.
``(3) For the Marine Corps, 177,000.
``(4) For the Air Force, 323,400.
``(5) For the Space Force, 8,600.''.
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, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 57,700.
(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 of 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, 26,630.
(6) The Air Force Reserve, 6,286.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
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, 9,892.
(4) For the Air Force Reserve, 6,696.
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 the 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. 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. 502. 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. 503. EXCLUSION OF LEAD SPECIAL TRIAL COUNSEL FROM LIMITATIONS ON
GENERAL OFFICERS AND FLAG OFFICERS ON ACTIVE DUTY.
Section 526a of title 10, United States Code, as amended by section
502, is further amended--
(1) by redesignating the second subsection (i) as
subsection (j);
(2) by redesignating subsections (g), (h), (i), and (j) as
subsections (h), (i), (j), and (k), respectively; and
(3) by inserting after subsection (f) the following new
subsection:
``(g) Exclusion of Officers Serving as Lead Special Trial
Counsel.--The limitations in subsection (a) do 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 this title.''.
SEC. 504. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN OFFICERS OF THE ARMED
FORCES: AUTHORIZATION; SPECIAL PAY.
(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)(1) 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:
``(A) 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.
``(B) 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.
``(2) The authority under this subsection expires on December 31,
2027.''.
(b) Special Pay for Certain Officers Commissioned or Appointed With
Constructive Service Credit.--
(1) Establishment.--Subchapter II of chapter 5 of title 37,
United States Code, is amended by inserting after section 336
the following new section:
``Sec. 337. Special pay: certain officers of the armed forces
commissioned or appointed with constructive service
credit
``(a) Special Pay Authorized.--The Secretary concerned may pay
monthly special pay to an eligible officer under this section.
``(b) Eligible Officer Defined.--In this section, the term
`eligible officer' means an officer who--
``(1)(A) received an original appointment in a commissioned
grade on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2023; and
``(B) was credited by the Secretary of the military
department concerned with constructive service under section
533(b)(1)(D) of title 10; or
``(2)(A) was originally appointed in a warrant officer
grade on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2023; and
``(B) was credited by the Secretary concerned with
constructive service under section 572(b) of title 10.
``(c) Amount of Pay.--The Secretary concerned shall determine an
amount of monthly special pay to pay to an eligible officer under this
section. Such amount may not exceed $5,000 per month.
``(d) Relationship to Other Incentives.--Special pay under this
section is in addition to any other pay or allowance to which an
eligible officer is entitled.
``(e) Sunset.--No special pay may be paid under this section after
December 31, 2027.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 336 the following:
``337. Special pay: certain officers of the armed forces commissioned
or appointed with constructive service
credit.''.
(c) Regulations.--The Secretaries concerned shall prescribe
regulations to carry out the amendments made by this section not later
than 180 days after the date of the enactment of this Act.
(d) Report.--Not later than February 1, 2027, the Secretary of
Defense, in consultation with the Secretary of Homeland Security, shall
submit to the appropriate congressional committees a report on the
amendments made by this section. Such report shall include--
(1) the evaluation of such amendments by the Secretary; and
(2) the recommendation of the Secretary whether such
amendments should be made permanent.
(e) 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 terms ``congressional defense committees'' and
``Secretary concerned'' have the meanings given such terms in
section 101 of title 10, United States Code.
SEC. 505. CLARIFICATION OF GRADE OF SURGEON GENERAL OF THE NAVY.
Section 8077 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Grade.--The Surgeon General, while so serving, shall hold the
grade of O-9.''.
SEC. 506. 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. 507. SURVEY OF CHAPLAINS.
(a) Development.--The Secretary of Defense shall seek to enter into
an agreement with a nonprofit entity or a federally funded research and
development center to develop an anonymous survey of chaplains of the
covered Armed Forces. The survey shall include questions regarding the
following:
(1) Chaplain job satisfaction.
(2) The tools available for chaplains to minister to
members of the covered Armed Forces.
(3) Resources available to support religious programs.
(4) Inclusion of chaplains in resiliency and wellness
programs.
(5) The role of chaplains in embedded units, headquarters
activities. and military treatment facilities.
(6) Recruitment and retention of chaplains.
(7) Any challenges in the ability of chaplains to offer
ministry services.
(b) Administration.--The Secretary shall administer the survey not
later than 180 days after development.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit a report
to the Committees on Armed Services of the Senate and House of
Representatives on the findings from the survey.
(d) Covered Armed Force Defined.--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. 508. INDEPENDENT REVIEW OF ARMY OFFICER PERFORMANCE EVALUATIONS.
(a) Study Required.--Not later than six months after the enactment
of this Act, the Secretary of the Army shall seek to enter into an
agreement with a private entity that the Secretary determines
appropriate to--
(1) study the fitness report system used for the
performance evaluation of Army officers; and
(2) provide to the Secretary recommendations regarding how
to improve such system.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An analysis of the effectiveness of the fitness report
system at evaluating and documenting the performance of Army
officers.
(2) A comparison of the fitness report system for Army
officers with best practices for performance evaluations used
by public- and private-sector organizations.
(3) An analysis of the value of Army fitness reports in
providing useful information to officer promotion boards.
(4) An analysis of the value of Army fitness reports in
providing useful feedback to Army officers being evaluated.
(5) Recommendations to improve the Army fitness report
system to--
(A) increase its effectiveness at accurately
evaluating and documenting the performance of Army
officers;
(B) align with best practices for performance
evaluations used by public- and private-sector
organizations;
(C) provide more useful information to officer
promotion boards; and
(D) provide more useful feedback regarding
evaluated officers.
(c) Access to Data and Records.--The Secretary of the Army shall
ensure that the entity selected under subsection (a) has sufficient
resources and access to technical data, individuals, organizations, and
records necessary to complete the study required under this section.
(d) Submission to Department of the Army.--Not later than one year
after entering into an agreement under subsection (a), the entity that
conducts the study under subsection (a) shall submit to the Secretary
of the Army a report on the results of the study.
(e) Submission to Congress.--Not later than 30 days after the date
on which the Secretary of the Army receives the report under subsection
(d), the Secretary shall submit to the congressional defense
committees--
(1) an unaltered copy of such report; and
(2) any comments of the Secretary regarding such report.
Subtitle B--Reserve Component Management
SEC. 511. GRADES OF CERTAIN CHIEFS OF RESERVE COMPONENTS.
(a) In General.--
(1) Chief of army reserve.--Section 7038(b) of title 10,
United States Code, is amended by striking paragraph (4) and
inserting the following:
``(4) The Chief of Army Reserve, while so serving, holds the grade
of lieutenant general.''.
(2) Chief of navy reserve.--Section 8083(b) of such title
is amended by striking paragraph (4) and inserting the
following:
``(4) The Chief of Navy Reserve, while so serving, holds the grade
of vice admiral.''.
(3) Commander, marine forces reserve.--Section 8084(b) of
such title is amended by striking paragraph (4) and inserting
the following:
``(4) The Commander, Marine Forces Reserve, while so serving, holds
the grade of lieutenant general.''.
(4) Chief of air force reserve.--Section 9038(b) of such
title is amended by striking paragraph (4) and inserting the
following:
``(4) The Chief of Air Force Reserve, while so serving, holds the
grade of lieutenant general.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the day that is one year after the date of the enactment
of this Act and shall apply to appointments made after such date.
SEC. 512. GRADE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU.
Section 10505 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Grade.--(1) The Vice Chief of the National Guard Bureau shall
be appointed to serve in the grade of general.
``(2) The Secretary of Defense shall designate, pursuant to
subsection (b) of section 526 of this title, the position of Vice Chief
of the National Guard Bureau as one of the general officer and flag
officer positions to be excluded from the limitations in subsection (a)
of such section.''.
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. FINANCIAL ASSISTANCE PROGRAM FOR SPECIALLY SELECTED MEMBERS:
ARMY RESERVE AND ARMY NATIONAL GUARD.
Section 2107a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) The Secretary of the Army may appoint as a cadet in the Army
Reserve or Army National Guard of the United States any eligible member
of the program who--
``(A)(i) is enrolled in the Advanced Course of the Army
Reserve Officers' Training Corps at a military college or a
military junior college; or
``(ii)(I) is enrolled in the Advanced Course of the Army
Reserve Officers' Training Corps at a civilian institution; and
``(II) has completed the second year of a course of study
in science, technology, engineering, mathematics, or a related
field at such institution; and
``(B) will be under 31 years of age on December 31 of the
calendar year in which the member eligible under this section
for appointment as a second lieutenant in the Army Reserve or
Army National Guard.'';
(B) by adding at the end the following new
paragraph:
``(3) The Secretary of the Army may prescribe regulations
specifying--
``(A) the courses of study that may be pursued by a member
of the program for purposes of meeting the requirement under
paragraph (1)(A)(ii); and
``(B) the level of academic achievement needed to meet such
requirement.''.
(2) in subsection (b)(3)(B)(i), by inserting ``or civilian
institution'' after ``military junior college'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``or civilian
institution'' after ``military junior college'';
(B) in paragraph (4)(A), by inserting ``or civilian
institution'' after ``military junior college'';
(4) by amending subsection (h) to read as follows:
``(h)(1) The Secretary of the Army may appoint each year under this
section not less than 22 cadets at each military junior college at
which there are not less than 22 members of the program eligible under
subsection (b) for such an appointment. At any military junior college
at which in any year there are fewer than 22 such members, the
Secretary shall appoint each such member as a cadet under this section.
``(2) The Secretary of the Army may appoint each year under this
section the number of cadets from civilian institutions that the
Secretary determines to be appropriate based on the needs of the
Army.''; and
(5) in subsection (j), by inserting ``or civilian
institution'' after ``military junior college''.
SEC. 515. INSPECTIONS OF NATIONAL GUARD.
(a) Establishment.--Chapter 1 of title 32, United States Code, is
amended by inserting, after section 105, the following new section:
``Sec. 105A. Additional inspections
``(a) Regular Inspections Required.--The Secretary of the Army and
the Secretary of the Air Force shall each prescribe regulations
pursuant to which the National Guard of each State shall be inspected
not less frequently than once every five years.
``(b) Authorized Inspectors.--An inspection of the National Guard
of a State under subsection (a) shall be conducted by--
``(1) in the case of the Air National Guard, by a qualified
member of the regular component of the Air Force or by the
inspector general of the Department of the Air Force; or
``(2) in the case of the Army National Guard, by a
qualified member of the regular component of the Army or by the
inspector general of the Department of the Army.
``(c) Elements and Recommendations.--Each inspection under
subsection (a) shall include--
``(1) a review and assessment of--
``(A) the command climate of the National Guard of
the State;
``(B) the extent to which members of such National
Guard are treated with dignity and respect; and
``(C) the compliance of such National Guard with
statutory, regulatory, and other applicable
requirements relating to--
``(i) reporting and addressing sex-related
offenses and sexual harassment;
``(ii) training in sexual assault
prevention and response; and
``(iii) training in suicide prevention; and
``(2) the inspector's recommendation as to whether the
Secretary of the military department concerned should designate
the performance of such National Guard as unsatisfactory,
satisfactory, or excellent.
``(d) Performance Grade.--Following the conclusion of an inspection
of a National Guard of a State under subsection (a), the Secretary of
the military department concerned shall--
``(1) based on the results of the inspection, designate the
performance of such National Guard as unsatisfactory,
satisfactory, or excellent; and
``(2) post such designation on a publicly accessible
website of the Department of Defense.
``(e) Mandatory Reinspection.--A National Guard of a State that
receives a designation of unsatisfactory under subsection (d) shall be
reinspected in accordance with this section not later one year after
the conclusion of the inspection that resulted in such designation.
``(f) Reports.--
``(1) In general.--Not later than 90 days, after the
conclusion of each inspection under this section, the Secretary
of the military department concerned shall submit a report on
the results of such inspection--
``(A) to the Secretary of Defense; and
``(B) to the Committees on Armed Services of the
Senate and the House of Representatives.
``(2) Elements.--Each report under paragraph (1) shall--
``(A) summarize the results of the inspection with
respect to each element specified in subsection (c);
``(B) indicate the designation issued for the
National Guard of the State under subsection (d); and
``(C) in the case of a National Guard of a State
that received a designation of unsatisfactory under
subsection (d) after a reinspection under subsection
(e), include the Secretary's recommendation as to
whether--
``(i) Federal funds should be withheld from
such National Guard; or
``(ii) such National Guard unit should be
transferred to another State.
``(g) Definitions.--In this section:
``(1) The term `sex-related offense' means an alleged sex-
related offense (as defined in section 1044e(h) of this title).
``(2) The term `sexual harassment' means the offense of
sexual harassment as punishable under section 934 of this title
(article 134 of the Uniform Code of Military Justice) pursuant
to the regulations prescribed by the Secretary of Defense for
purposes of such section (article).
``(3) The term `State' has the meaning given such term in
section 901 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
105 the following new item:
``105A. Additional inspections.''.
SEC. 516. REQUIREMENT OF CONSENT OF THE CHIEF EXECUTIVE OFFICER FOR
CERTAIN FULL-TIME NATIONAL GUARD DUTY PERFORMED IN A
STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA.
Section 502(f)(2)(A) of title 32, United States Code, is amended to
read as follows:
``(A) Support of operations or missions undertaken by the
member's unit at the request of the President or Secretary of
Defense, with the consent of--
``(i) the chief executive officer of each State (as
that term is defined in section 901 of this title) in
which such operations or missions shall take place; and
``(ii) if such operations or missions shall take
place in the District of Columbia, the Mayor of the
District of Columbia.''.
SEC. 517. EXTENSION OF NATIONAL GUARD SUPPORT FOR FIREGUARD PROGRAM.
Section 515 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) is amended by striking ``September 30,
2026'' and inserting ``September 30, 2029''.
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) An analysis whether the covered action would
facilitate--
(A) total force integration; and
(B) general officer progression.
(7) A description of how the covered activity will affect
the ability of the covered unit 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.
(D) To reassign any responsibility.
(E) To integrate, in the case of--
(i) a covered unit and a unit of the
regular component of a covered Armed Force; or
(ii) more than one covered unit.
(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. PLAN TO ENSURE REASONABLE ACCESS TO THE JUNIOR RESERVE
OFFICERS' TRAINING CORPS.
(a) Plan Required.--The Secretary of Defense, in consultation with
the Secretaries of the military departments, shall develop a plan to
increase the total number of units of the Junior Reserve Officers'
Training Corps to ensure that there is reasonable access to such units
in each geographic region of the United States by not later than
September 30, 2031.
(b) Elements.--The plan required under subsection (a) shall include
the following:
(1) A proposal to increase the total number of units of the
Junior Reserve Officers' Training Corps to ensure reasonable
access for students throughout the United States.
(2) The estimated cost of implementing the proposed
increase in the number of such units.
(3) A prioritized list of the States and regions in which
the Secretary proposes adding additional units.
(4) Actions the Secretary expects to carry out to ensure
adequate representation and fair access to such units for
students in all regions of the United States, including rural
and remote areas and in underrepresented States.
(5) To the extent appropriate, modifications to the
requirements for such units, including the requirements
applicable to instructors, to accommodate units in rural areas
and small schools.
(6) A plan to increase school and community awareness of
Junior Reserve Officers' Training Corps programs in
underrepresented areas.
(c) Report.--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 Senate and the House of
Representatives a report that includes the plan developed under
subsection (a).
(d) Reasonable Access Defined.--In this section, the term
``reasonable access'', when used with respect to units of the Junior
Reserve Officers' Training Corps, means a level of access determined by
the Secretary of Defense be reasonable taking into account the demand
for student participation, the availability of instructors, and the
physical distance between units.
SEC. 519A. 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. 519B. ADDITIONAL MATTERS RELATING TO SUPPORT FOR FIREGUARD
PROGRAM.
Section 515 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81), as amended by section 517, is further
amended--
(1) by inserting ``(a) in general.--'' before ``Until'';
(2) by striking ``support'' and inserting ``carry out'';
(3) 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
(4) 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. 519C. DIVESTITURE OF TACTICAL CONTROL PARTY.
No divestiture of any Tactical Control Party specialist force
structure from the Air National Guard may occur until the Chief of the
National Guard Bureau provides a report to the congressional defense
committees describing--
(1) the capability gaps caused by divestiture of Tactical
Control Party force structure from the Air National Guard and
its impact on the Department of Defense to execute the National
Defense Strategy; and
(2) the impacts of such divestiture to the operational
capabilities of the Army National Guard.
SEC. 519D. RECOGNITION OF THE ARMY INTERAGENCY TRAINING AND EDUCATION
CENTER AS A JOINT ACTIVITY OF THE NATIONAL GUARD; REPORT.
(a) Findings.--Congress makes the following findings:
(1) AITEC has been designated by the National Guard Bureau
as a joint activity of the Army and Air National Guard
responsible for the following activities:
(A) Mission assurance and other critical
infrastructure protection activities in support of the
Department of Defense and Department of Homeland
Security entities.
(B) All-hazards disaster response training and
exercises for the National Guard in partnership with
Federal, State, local, territorial, and Tribal response
enterprise organizations.
(2) AITEC is composed of members of the Army and Air
National Guard who possess relevant private-sector critical
skills and experience in the fields of emergency response,
engineering, cybersecurity, electric power, logistics,
telecommunications, utilities, medical, rescue, or such other
fields as determined by evolving mission requirements.
(3) The National Guard Bureau has designated AITEC as
having the following duties:
(A) Providing the Department of Defense with--
(i) unique civilian expertise and
experience of critical infrastructure
protection, Chemical, Biological, Radiological,
and Nuclear response, emergency management,
control systems cybersecurity, and incident
management;
(ii) training and exercise support of Joint
Interagency Training Capability, including
Joint Force Headquarters-State and Joint Task
Force-State Headquarters elements, National
Guard Reaction Forces, Weapons of Mass
Destruction Civil Support Teams, and Chemical,
Biological, Radiological, Nuclear, or High-
Yield Explosive Emergency Response Force
Packages, and Homeland Response Forces; and
(iii) personnel to conduct Mission
Assurance, Cybersecurity, Port Security &
Resiliency, and other critical infrastructure
assessments and training along with Counter-IED
and bombing prevention training to
intergovernmental partners and first
responders.
(B) On an ongoing basis, partnering with the
military departments, the combatant commands, other
Department of Defense agencies, the Department of
Homeland Security, and State, local, territorial, and
Tribal governments to conduct--
(i) all-threats, all-hazards Mission
Assurance assessments in the areas of Mission
Assurance Related Programs and Activities,
including cyber supply chain risk management,
position, navigation, and timing, and unmanned
systems on Defense Critical Infrastructure;
(ii) all-hazards and disaster response
training and exercise support;
(iii) infrastructure protection assessment
activities, cybersecurity, and counter-IED and
bombing prevention training for the Department
of Homeland Security; and
(iv) Port Security & Resiliency assessments
for the Coast Guard.
(b) Report.--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 appropriate congressional committees a report that includes--
(1) an organizational plan and an estimate of the annual
costs necessary for AITEC to complete its duties as described
in subsection (a)(3); and
(2) the manpower requirements needed to adequately staff
such duties.
(c) Definitions.--In this section:
(1) The term ``AITEC'' means the Army Interagency Training
and Education Center.
(2) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Homeland Security, and the Committee on
Appropriations of the House of Representatives.
(3) The term ``critical infrastructure'' has the meaning
given the term in section 702 of the Defense Production Act of
1950 (50 U.S.C. 4552).
SEC. 519E. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
(a) In General.--During fiscal year 2023, the Secretary of Defense
may provide assistance in addition to assistance under subsection (d)
of section 509 of title 32, United States Code, to a National Guard
Youth Challenge Program of a State for the following purposes:
(1) New program start-up costs.
(2) Special projects.
(3) Workforce development programs.
(4) Emergency costs.
(b) Limitations.--
(1) Matching.--Before the Secretary may use the authority
under this section, the State shall comply with the matching
requirement under such subsection.
(2) Total assistance.--Total assistance under this section
may not exceed $5,000,000.
(c) Reporting.--Any assistance provided under this section shall be
included in the annual report under subsection (k) of such section.
Subtitle C--General Service Authorities and Military Records
SEC. 521. NOTIFICATION TO NEXT OF KIN UPON THE DEATH OF A MEMBER OF THE
ARMED FORCES.
Subchapter II of chapter 75 of title 10, United States Code, is
amended by adding at the end the following new section (and the table
of sections at the beginning of such subchapter is amended
accordingly):
``Sec. 1493. Notification to next of kin or other appropriate person:
timing; training
``(a) In General.--In the event of a death that requires the
Secretary of the military department concerned to provide a death
benefit under this subchapter, such Secretary shall notify the next of
kin or other appropriate person not later than four hours after such
death.
``(b) Death Outside the United States.--If a death described in
subsection (a) occurs outside the United States, the Secretary of
Defense, in coordination with the Secretary of State, shall attempt to
delay reporting, by the media of the country in which such death
occurs, of the name of the decedent until after the Secretary of the
military department concerned has notified the next of kin or other
appropriate person pursuant to subsection (a).
``(c) Training.--The Secretary of the military department concerned
shall include a training exercise regarding a death described in this
section in each major exercise or planning conference conducted by such
Secretary or the Secretary of Defense.''.
SEC. 522. DIRECT ACCEPTANCE OF GIFTS FROM CERTAIN SOURCES BY ENLISTED
MEMBERS.
(a) Authority.--Section 2601a of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(B) in the matter preceding subparagraph (A), as
redesignated, by striking ``This section applies to''
and inserting ``(1) A member described in this
paragraph is'';
(C) by adding at the end the following new
paragraph:
``(2) A member described in this paragraph is an enlisted member of
the armed forces.''; and
(2) in subsection (d)--
(A) by inserting ``(1)'' before ``The
regulations''; and
(B) by adding at the end the following new
paragraph:
``(2) A member described in subsection (b)(2) may not accept a
gift--
``(A) from a source described in paragraph (1);
``(B) solicited by the member;
``(C) that a reasonable person would believe was intended
to influence the member in the performance of duties as a
member; or
``(D) that a reasonable person would believe was intended
to supplement the pay of the member.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b)(1)(C), as redesignated, by striking
``paragraph (1)'' and inserting ``subparagraph (A)'';
(2) in subsection (c), by striking ``, (2) or (3)''; and
(3) in subsection (e), by striking ``subsection (b)(2)''
and inserting ``subsection (b)(1)(B)''.
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 adding at the end ``No such period may
exceed five years''.
(b) Retroactive Effect.--An agreement under such subsection, made
by a member of the Armed Forces on or before the date of the enactment
of this Act, may not require such member to serve on active duty for a
period longer than five years.
SEC. 524. BRIEFING AND REPORT ON ADMINISTRATIVE SEPARATION BOARDS.
Subsection (c) of section 529B of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) is amended
to read as follows:
``(c) Briefing; Report.--The Comptroller General shall submit to
the Committees on Armed Services of the Senate and House of
Representatives--
``(1) a briefing on preliminary results of the study
conducted under subsection (a) not later than December 27,
2022; and
``(2) a report on the final results of the study conducted
under subsection (a) not later than May 31, 2023.''.
SEC. 525. ELIMINATION OF TIME LIMIT FOR 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 in the
matter preceding paragraph (1) by striking ``During the time period
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''.
SEC. 526. PROHIBITION ON USE OF PHOTOGRAPHS BY CERTAIN MILITARY
PROMOTION BOARDS.
(a) In General.--The Secretary of Defense shall ensure that no
military promotion record of a covered Armed Force includes any
official or unofficial photographs.
(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. 527. GENDER-NEUTRAL FITNESS STANDARDS FOR COMBAT MILITARY
OCCUPATIONAL SPECIALTIES OF THE ARMY.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall--
(1) establish gender-neutral fitness standards for combat
MOSs that are higher than those for non-combat MOSs; and
(2) provide a briefing to the Committees on Armed Services
of the Senate and House of Representatives setting forth--
(A) the list of combat MOSs described in paragraph
(1); and
(B) the methodology used to determine whether to
include an MOS on such list.
(b) MOS Defined.--In this section, the term ``MOS'' means a
military occupational specialty.
SEC. 528. 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) Report.--Not later than six 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.
(c) Implementation.--Not later than September 30, 2023, the
Secretary of the Army shall implement the steps identified in the
report under subsection (b).
SEC. 529. PILOT PROGRAM ON REMOTE PERSONNEL PROCESSING IN THE ARMY.
(a) Pilot Program.--Not later than January 1, 2024, the Secretary
of the Army shall implement a pilot program to test the use of a
software application 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) Application Requirements.--The software application shall
perform the following functions:
(1) Enable the remote in-processing and out-processing of
covered personnel, including by permitting covered personnel to
electronically sign forms.
(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) Selection of Location.--In selecting a military installation
for the pilot program, the Secretary shall give priority to the
military installation that is the least popular according to
preferences of Army officers in the Active Duty Officer Assignment
Interactive Module.
(d) Termination.--The pilot program shall terminate on January 1st,
2027.
(e) 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.
(f) 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. 529A. IMPROVING OVERSIGHT OF MILITARY RECRUITMENT PRACTICES IN
PUBLIC SECONDARY SCHOOLS.
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 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. 529B. ENLISTMENTS: COMPILATION OF DIRECTORY AND OTHER PROSPECTIVE
RECRUIT INFORMATION.
(a) Compilation of Prospective Recruit Information.--Section 503 of
title 10, United States Code, is amended--
(1) by striking the section designation and heading and
inserting the following:
``Sec. 503. Enlistments: recruiting campaigns; compilation of directory
and other prospective recruit information'';
(2) in subsection (a)(1), by striking ``Regular Army'' and
all that follows before the period at the end and inserting
``regular and reserve components of the armed forces'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(4) by inserting after subsection (b) the following new
subsection:
``(c) Compilation of Other Prospective Recruit Information.--(1)
The Secretary of Defense may collect and compile other prospective
recruit information pertaining to individuals who are--
``(A) 17 years of age or older or in the eleventh
grade (or its equivalent) or higher; and
``(B) enrolled in a secondary school in the United
States (including its territories and possessions) or
the Commonwealth of Puerto Rico.
``(2) The Secretary may make prospective recruit
information collected and compiled under this subsection
available to the armed forces for military recruiting purposes.
Such information may not be disclosed for any other purpose.
``(3) Other prospective recruit information collected and
compiled under 1 this subsection shall be confidential, and a
person who has had access to such information may not disclose
the information except for the purposes described in paragraph
(2).
``(4) In this subsection, the term `prospective recruit
information' means information for use in identifying
prospective recruits, tailoring marketing efforts to reach the
primary recruit market, and measuring the return on investment
of ongoing marketing efforts. Citizens will be made aware of
the categories of personally identifiable information (PII), as
well as non-PII information, to be collected and the purposes
for which the categories of personal information are collected
and used. Categories of information may include, but are not
limited to--
``(A) identifiers (such as Internet Protocol
address, social media handles);
``(B) information about your connected devices and
how you interact with our apps and websites (such as
browser type, unique device identifier, cookie data,
and associated identifying and usage information);
``(C) demographic (such as date of birth, high
school or college graduation year, grade currently
enrolled in, citizenship, marital status, household
composition, or veteran or military status);
``(D) protected classification characteristics
under state or federal law (such as age and gender);
``(E) audio or video information (social media
content, photographs and videos shared on recruitment
digital properties, images and likeness captured at
events);
``(F) fitness activity data (for example, exercise
length, duration, activities); and
``(G) login and profile information, including
screen name, password and unique user ID for
recruitment digital properties.
``(5) The collection, use, and retention of a citizen's
personal information shall be reasonably necessary and
proportionate to military recruitment objectives.
``(6) Where possible, citizens will have the ability to
manage and/or opt-out of data collection via a clear and easy
to access process in compliance with state legislation.''.
(c) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the amendments made by this section.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of such 10 title is amended by striking the item relating to
section 503 and inserting the following new item:
``503. Enlistments: recruiting campaigns; compilation of directory and
other prospective recruit information.''.
SEC. 529C. CONTINUING MILITARY SERVICE FOR CERTAIN MEMBERS ELIGIBLE FOR
CHAPTER 61 RETIREMENT.
(a) In General.--Not later than one year after the date of the
enactment of this act, the Secretary of Defense shall prescribe
regulations that allow a covered member to continue to elect to serve
in the Armed Forces--
(1) in the current military occupational specialty of such
covered member, for which the covered member may not be
deployable; or
(2) in a military occupational specialty for which the
covered member is deployable.
(b) Rule of Construction.--A covered member who completes 20 years
of service computed under section 1208 of title 10, United States Code
shall not be denied any benefit under laws administered by the
Secretary of Defense or the Secretary of Veterans Affairs solely on the
basis that the covered member elected to continue to serve in the Armed
Forces instead of taking retirement under chapter 61 of title 10,
United States Code.
(c) Covered Member Defined.--In this section, the term ``covered
member'' means a member of the Armed Forces--
(1) whom the Secretary concerned determines possesses skill
or experience vital to the Armed Force concerned;
(2) who incurs a disability--
(A) while eligible for special pay under section
310 of title 37, United States Code; and
(B) that renders the member eligible for retirement
under chapter 61 of title 10, United States Code; and
(3) who elects to continue to serve in the Armed Forces
instead of such retirement.
SEC. 529D. SENSE OF CONGRESS REGARDING THE PORT CHICAGO 50.
It is the sense of Congress that--
(1) the American people should recognize the role of racial
bias in the prosecution and convictions of the Port Chicago 50
following the deadliest home front disaster in World War II;
(2) the military records of each of the Port Chicago 50
should reflect such exoneration of any and all charges brought
against them in the aftermath of the explosion; and
(3) the Secretary of the Navy should upgrade the general
and summary discharges of each of the Port Chicago 50 sailors
to honorable discharges.
SEC. 529E. TREATMENT OF PERSONALLY IDENTIFIABLE INFORMATION REGARDING
PROSPECTIVE RECRUITS.
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.''.
SEC. 529F. IMPLEMENTATION OF CERTAIN RECOMMENDATIONS REGARDING
SCREENING INDIVIDUALS WHO SEEK TO ENLIST IN THE ARMED
FORCES AND COUNTERING EXTREMIST ACTIVITY IN THE
DEPARTMENT OF DEFENSE.
(a) Enlistment Screening.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall implement the
seven recommendations of the Under Secretary of Defense for Personnel
and Readiness on page 2 of the report titled ``Screening Individuals
Who Seek to Enlist in the Armed Forces'', submitted to the Committees
on Armed Services of the Senate and House of Representatives on October
14, 2020.
(b) Countering Extremism.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall implement
six recommendations of the Countering Extremist Activity Working Group
on pages 15 through 18 on the report entitled ``Report on Countering
Extremist Activity Within the Department of Defense'' published in
December 2021.
SEC. 529G. 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 (including use of civilian industry 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. 529H. RECORD OF MILITARY SERVICE FOR MEMBERS OF THE ARMED FORCES.
(a) Standard Record of Service Required.--Chapter 59 of title 10,
United States Code, is amended by inserting after section 1168 the
following new sections:
``Sec. 1168a. Discharge or release: record of military service
``(a) Record of Service Required.--(1) The Secretary of Defense
shall establish and implement a standard record of military service for
all members of the armed forces (including the reserve components),
regarding all duty under this title, title 32, and title 14.
``(2) The record established under this section shall be known as
the `Certificate of Military Service'.
``(b) Nature and Scope.--A Certificate of Military Service shall--
``(1) provide a standardized summary of the service, in any
Federal duty status or on State active duty, in the armed
forces of a member of the armed forces;
``(2) be the same document for all members of the armed
forces; and
``(3) serve as the discharge certificate or certificate of
release from active duty for purposes of section 1168 of this
title.
``(c) Coordination.--In carrying out this section, the Secretary of
Defense shall coordinate with other Federal officers, including the
Secretary of Veterans Affairs, to ensure that a Certificate of Military
Service serves as acceptable proof of military service for receipt of
benefits under the laws administered by such Federal officers.''.
(b) Issuance to Members of Reserve Components.--Chapter 59 of such
title, as amended by subsection (a), is further amended by inserting
after section 1168a the following new section:
``Sec. 1168b. Record of military service: issuance to members of
reserve components
``An up-to-date record of military service under section 1168a of
this title shall be issued to a member of a reserve component as
follows:
``(1) Upon permanent change to duty status (including
retirement, resignation, expiration of a term of service,
promotion or commissioning as an officer, or permanent transfer
to active duty).
``(2) Upon discharge or release from temporary active duty
orders (minimum of 90 days on orders or 30 days for a
contingency operation).
``(3) Upon promotion to each grade beginning with--
``(A) O-3 for commissioned officers;
``(B) W-3 for warrant officers; and
``(C) E-4 for enlisted members.
``(4) In the case of a member of the National Guard, upon
any transfer to the National Guard of another State or
territory (commonly referred to as an `Interstate
Transfer').''.
(c) Conforming Amendments Related to Current Discharge Certificate
Authorities.--
(1) In general.--Subsection (a) of section 1168 of title
10, United States Code, is amended--
(A) by striking ``his discharge certificate or
certificate of release from active duty, respectively,
and his final pay'' and inserting ``the member's record
of military service under section 1168a of this title,
and the member's final pay''; and
(B) by striking ``him or his'' and inserting ``the
member or the member's''.
(2) Heading amendment.--The heading of such section 1168 is
amended to read as follows:
``Sec. 1168. Discharge or release from active duty: limitations;
issuance of record of military service''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 59 of such title is amended by striking the item relating to
section 1168 and inserting the following new items:
``1168. Discharge or release from active duty: limitations; issuance of
record of military service.
``1168a. Discharge or release: record of military service.
``1168b. Record of military service: issuance to members of reserve
components.''.
Subtitle D--Military Justice
SEC. 531. SEXUAL HARASSMENT INDEPENDENT INVESTIGATIONS AND PROSECUTION.
(a) Inclusion of Sexual Harassment in Offenses Subject to Authority
of Special Trial Counsel.--
(1) Definition of covered offense.--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), is 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''.
(2) Effective date.--The amendments made by subsection (a)
shall take effect two years 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) as
provided in section 539C of that Act.
(b) Independent Investigation of Sexual Harassment.--
(1) Definitions.--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), is
amended--
(A) in subsection (a)--
(i) by striking ``or Space Force'' and
inserting ``Space Force, or Coast Guard''; and
(ii) by inserting ``or the Department of
Homeland Security (in the case of a matter
involving the Coast Guard when not operating as
a service in the Navy)'' after ``Department of
Defense''; and
(B) by amending subsection (e) to read as follows:
``(e) Definitions.--In this section:
``(1) The term `independent investigator' means a member of
the armed forces or a civilian employee of the Department of
Defense or the Department of Homeland Security (in the case of
a matter involving the Coast Guard when not operating as a
service in the Navy) who--
``(A) is outside the 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 concerned, in the case
of a member of the armed forces;
``(ii) the Secretary of Defense, in the
case of a civilian employee of the Department
of Defense; or
``(iii) the Secretary of Homeland Security,
in the case of a civilian employee of the
Department of Homeland Security.
``(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).''.
(2) Effective date.--The amendments made by paragraph (1)
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) as
provided in subsection (c) of that section.
SEC. 532. MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL.
(a) Definition of Covered Offense.--
(1) In general.--Paragraph (17)(A) of section 801 of title
10, United States Code (article 1 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 section 531, is further
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--
(A) take effect on the date that is two years after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81); and
(B) apply with respect to any offenses that occur
after that date.
(b) 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 but not limited
to 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), 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.
(c) Amendments 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.
(d) 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 (b);
(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.
(e) Additional Reporting Relative 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 and the Secretary of the
department in which the Coast Guard is operating (with respect to the
Coast Guard) shall submit to the appropriate congressional committees 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'', 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 these reforms on the military justice system.
(f) 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.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 533. STANDARDS FOR IMPOSITION OF COMMANDING OFFICER'S NON-JUDICIAL
PUNISHMENT.
(a) Commanding Officer's Non-judicial Punishment.--
(1) In general.--Section 815 of title 10, United States
Code (article 15 of the Uniform Code of Military Justice), is
amended--
(A) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively;
(B) by inserting after subsection (b), the
following new subsection:
``(c)(1) Except as provided in paragraphs (2) and (3), a commanding
officer may not impose a punishment authorized in subsection (b)
unless, before the imposition of such punishment, the commanding
officer--
``(A) requests and receives legal guidance regarding the
imposition of such punishment from a judge advocate or other
legal officer of the armed force of which the commanding
officer is a member; and
``(B) provides the member who may be subject to such
punishment with an opportunity to consult appropriate legal
counsel.
``(2) Paragraph (1) shall not apply to the punishments specified in
subparagraphs (E) and (F) of subsection (b)(2).
``(3) A commanding officer may waive the requirements set forth in
subparagraphs (A) and (B) of paragraph (1), on a case by case basis, if
the commanding officer determines such a waiver is necessary on the
basis of operational necessity.''; and
(C) in subsection (f), as so redesignated, by
striking ``subsection (d)'' and inserting ``subsection
(e)''.
(2) Effective date and applicability.--The amendments made
by paragraph (1) shall take effect 180 days after the date of
the enactment of this Act and shall apply with respect to
punishments imposed under section 815 of title 10, United
States Code (article 15 of the Uniform Code of Military
Justice), on or after such effective date.
(3) Additional guidance required.--Not later than one year
after the date of the enactment of this Act, each Secretary
concerned shall prescribe regulations or issue other written
guidance with respect to non-judicial punishment under section
815 of title 10, United States Code (article 15 of the Uniform
Code of Military Justice) that--
(A)(i) identifies criteria to be considered when
determining whether a member of the armed forces is
attached to or embarked in a vessel for the purposes of
determining whether such member may demand trial by
court-martial in lieu of punishment under such section
(article); and
(ii) establishes a policy about the appropriate and
responsible invocation of such exception; and
(B) establishes criteria commanders must consider
when evaluating whether to issue a waiver under
subsection (c)(3) of such section (article) (as added
by paragraph (1) of this subsection) on the basis of
operational necessity.
(b) Modification of Annual Reports on Racial and Ethnic
Demographics in the Military Justice System.--Section 486(b) of title
10, United States Code, is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(9) with respect to principals on sea duty who were not
attached to or embarked in a vessel (as determined by the
Secretary of the Navy or the Secretary of the department in
which the Coast Guard is operating), the number of non-judicial
punishments proposed and finalized under section 815 of this
title (article 15 of the Uniform Code of Military Justice), in
total and disaggregated by--
``(A) whether the commanding officer imposing non-
judicial punishment requested and received legal
guidance regarding the imposition of such punishment
from a judge advocate or other legal officer of the
armed force of which the commanding officer is a
member;
``(B) whether the principal was provided the
opportunity to consult appropriate legal counsel; and
``(C) statistical category as related to the
principal; and
``(10) with respect to principals on sea duty who were
attached to or embarked in a vessel (as determined by the
Secretary of the Navy or the Secretary of the department in
which the Coast Guard is operating), the number of non-judicial
punishments proposed and finalized under section 815 of this
title (article 15 of the Uniform Code of Military Justice), in
total and disaggregated by--
``(A) whether the commanding officer imposing non-
judicial punishment requested and received legal
guidance regarding the imposition of such punishment
from a judge advocate or other legal officer of the
armed force of which the commanding officer is a
member;
``(B) whether the principal was provided the
opportunity to consult appropriate legal counsel; and
``(C) statistical category as related to the
principal.''.
SEC. 534. SPECIAL TRIAL COUNSEL 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) as provided in section 539C of that Act.
SEC. 535. FINANCIAL ASSISTANCE FOR VICTIMS OF OFFENSES UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
(a) Military Crime Victims Financial Assistance Fund.--Chapter 53
of title 10, United States Code, is amended by inserting before section
1045 the following new section:
``Sec. 1044g. Military Crime Victims Financial Assistance Fund
``(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the `Military Crime Victims
Financial Assistance Fund' (referred to in this section as the `Fund').
``(b) Administration of Fund.--The Secretary of the Treasury shall
administer the Fund consistent with the provisions of this section.
``(c) Deposits.--There shall be deposited in the Fund the
following:
``(1) Any amounts appropriated to the Fund.
``(2) Any amounts donated to the Fund.
``(d) Availability and Use of Fund.--Amounts in the Fund shall, to
the extent provided in appropriations Acts, be available solely for the
payment of financial assistance to victims of covered violent offenses
in accordance with the regulations prescribed under subsection (e).
``(e) Regulations.--Not later than one year after the date of the
enactment of this section, the Secretary of Defense shall prescribe
regulations pursuant to which a victim of a covered violent offense may
apply for and receive financial assistance payments from the Fund. Such
regulations shall provide as follows:
``(1) A victim of a covered violent offense may apply to
the Fund for--
``(A) a standard payment;
``(B) a reimbursement payment; or
``(C) a standard payment and a reimbursement
payment.
``(2) A standard payment to a victim shall be a fixed
amount determined by the Secretary of Defense for each covered
violent offense.
``(3) A reimbursement payment to a victim shall be an
amount determined by the Secretary of Defense that is
sufficient to reimburse the victim for health care expenses,
travel expenses, and expenses for property damage resulting
from the covered violent offense, subject to such limits as the
Secretary may prescribe. A reimbursement payment may not be
made for any expenses for which a victim receives reimbursement
from other sources, including insurance claims.
``(4) An individual victim may receive not more than
$50,000 from the Fund per incident.
``(5) The eligibility of a victim to receive payments from
the Fund shall be subject to such terms, conditions, and other
requirements as the Secretary may prescribe.
``(6) The Secretary may not make a payment from the Fund if
the amount of such payment would exceed the amounts available
in the fund.
``(f) Annual Reports.--Not later than February 1 of each year, the
Secretaries concerned, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional committees a
report that includes--
``(1) a summary of the amounts deposited to and paid from
the Fund during the preceding year;
``(2) the number of victims who received payments from the
Fund during the preceding year, set forth separately for each
covered violent offense; and
``(3) an estimate of the amount of appropriations required,
if any, to maintain the solvency of the fund for the period of
two fiscal years following the date of the report.
``(g) 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 `covered violent offense' means--
``(A) an offense under section 918 (article 118),
section 919 (article 119), section 919a (article 119a),
section 920 (article 120), section 920b (article 120b),
section 920c (article 120c), section 922 (article 122),
section 925 (article 125), section 928 (article 128),
section 928a (article 128a), section 928b (article
128b), section 930 (article 130), or the standalone
offense of sexual harassment as punishable under
section 934 (article 134) of this title; or
``(B) an attempt to commit an offense specified in
subparagraph (A) as punishable under section 880 of
this title (article 880).
``(3) The term `victim' means individual who has suffered
direct physical, emotional, or pecuniary harm as a result of
the commission of a covered violent offense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting before the item relating to
section 1045 the following new item:
``1044g. Military Crime Victims Financial Assistance Fund.''.
(c) Applicability.--Eligibility to receive a payment from the
Military Crime Victims Financial Assistance Fund under section 1044g of
title 10, United States Code (as added by subsection (a)), shall be
limited to individuals who--
(1) are victims of covered violent offenses that occur on
or after the date of the enactment of this Act; and
(2) apply for payment from the Fund after the effective
date of the regulations prescribed under subsection (e) of such
section 1044g.
(d) Progress Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report on
plans of the Secretary for implementing the Military Crime
Victims Financial Assistance Fund under section 1044g of title
10, United States Code (as added by subsection (a)).
(2) Appropriate congressional committees defined.--In this
subsection, 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.
SEC. 536. ADDRESSING SEX-RELATED OFFENSES AND SEXUAL HARASSMENT
INVOLVING MEMBERS OF THE NATIONAL GUARD.
(a) Addressing Certain Sex-related Offenses.--
(1) In general.--Chapter 80 of title 10, United States
Code, is amended by inserting after section 1561b the following
new section:
``Sec. 1561c. Addressing sex-related offenses and sexual harassment
involving members of the National Guard
``(a) In General.--An adjutant general who receives notice of an
allegation of a sex-related offense or sexual harassment committed by a
member of the National Guard under the jurisdiction of the adjutant
general shall, not later than 72 hours after receiving such notice--
``(1) report the allegation to the Chief of the National
Guard Bureau; and
``(2) ensure that the alleged victim is informed of the
availability of Special Victims' Counsel in accordance with
section 1044e of this title, as applicable.
``(b) Initial Report.--
``(1) Elements.--Each report under subsection (a)(1) shall
include the following:
``(A) A summary of the allegation.
``(B) Identification of--
``(i) the individual who is alleged to have
committed the offense;
``(ii) the alleged victim of the offense;
and
``(iii) the individual or entity that is
investigating the allegation.
``(C) A statement indicating whether the alleged
victim has been informed of the availability of legal
counsel in accordance with subsection (a)(2).
``(2) Late reports.--In the event that an adjutant general
submits a report required under subsection (a) after the
expiration of the 72-hour period specified in such subsection,
the report shall include--
``(A) the information specified in paragraph (1);
and
``(B) an explanation of the reasons the report was
not timely submitted.
``(c) Final Report.--Not later than 30 days after determining
whether or not to take action against a member of the National guard
accused of a sex-related offense or sexual harassment, the adjutant
general shall submit to the Chief of the National Guard Bureau a report
that includes--
``(1) the information described in subparagraphs (A) and
(B) of subsection (b)(1);
``(2) a description of any administrative, judicial, or
other action taken against the member; and
``(3) if no such action was taken, an explanation of the
reasons the adjutant general declined to take such action.
``(d) Applicability.--The requirements of this section shall apply
with respect to an allegation of a sex-related offense or sexual
harassment of which an adjutant general receives notice after the date
of the enactment of this section without regard to--
``(1) the jurisdiction in which the offense occurred; or
``(2) whether prosecution for the offense would be time
barred by a statute of limitations.
``(e) Definitions.--In this section:
``(1) The term `sex-related offense' means an alleged sex-
related offense (as defined in section 1044e(h) of this title).
``(2) The term `sexual harassment' means the offense of
sexual harassment as punishable under section 934 of this title
(article 134 of the Uniform Code of Military Justice) pursuant
to the regulations prescribed by the Secretary of Defense for
purposes of such section (article).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1561b the following new item:
``1561c. Addressing sex-related offenses and sexual harassment
involving members of the National Guard.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect immediately after the effective date of the amendments made
by part 1 of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) as provided
in section 539C of that Act.
(c) Implementation.--The Secretary of Defense shall prescribe
regulations implementing section 1561c of title 10, United States Code,
as added by subsection (a).
SEC. 537. PROHIBITION ON SHARING OF INFORMATION ON DOMESTIC VIOLENCE
INCIDENTS.
Section 1562 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Prohibition on Sharing of Certain Information.--
``(1) In general.--In a case in which the information
maintained and reported by the Secretary of a military
department under subsection (b) includes the findings of an
Incident Determination Committee, the Secretary may not share
such findings with any party other than the administrator of
the database under subsection (a).
``(2) Waiver.--The Secretary of Defense may waive the
prohibition under paragraph (1) on a case-by-case basis if the
Secretary determines that it is necessary to share the findings
of an Incident Determination Committee with a member of the
Armed Forces or a civilian employee of the Department of
Defense acting within the scope of their official duties.
``(3) Incident determination committee defined.--In this
subsection, the term `Incident Determination Committee' means a
committee established at a military installation that is
responsible for reviewing a reported incident of domestic
violence and determining whether such incident constitutes
serious harm to the victim according to the applicable criteria
of the Department of Defense.''.
SEC. 538. MANDATORY NOTIFICATION OF MEMBERS OF THE ARMED FORCES
IDENTIFIED IN CERTAIN RECORDS OF CRIMINAL INVESTIGATIONS.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1567b. Mandatory notification of members of the armed forces and
reserve components identified in certain records of
criminal investigations
``(a) Notification of Inclusion in MCIO Records.--As soon as
practicable after the conclusion of a criminal investigation for which
a military criminal investigative organization is the lead
investigative agency, the head of such organization shall provide, to
any member or a former member of the armed forces and reserve
components who is designated in the records of the organization as a
subject of such investigation, written notice of such designation.
``(b) Initial Notification of Previous Inclusion in MCIO Records.--
Not later than 180 days after the date of the enactment of this
section, the head of each military criminal investigative organization
shall provide, to any member or former member of the armed forces and
reserve components who is designated after January 1, 2011 in the
records of the organization as a subject of a criminal investigation
that is closed as of such date, written notice of such designation.
``(c) Contents of Notice.--Each notice provided under subsection
(a) and (b) shall include the following information--
``(1) The date on which the member was designated as a
subject of a criminal investigation in the records of the
military criminal investigative organization.
``(2) Identification of each crime for which the member was
investigated, including a citation to each provision of chapter
47 of this title (the Uniform Code of Military Justice) that
the member was suspected of violating, if applicable.
``(3) Instructions on how the member may seek removal of
the record in accordance with subsection (d).
``(d) Removal of Record.--The Secretary of Defense shall--
``(1) establish a process through which a member of the
armed forces and reserve components who receives a notice under
subsection (a) or (b) may request the removal of the record
that is the subject of such notice; and
``(2) issue uniform guidance, applicable to all military
criminal investigative organizations, specifying the conditions
under which such a record may be removed.
``(f) On-going and Sensitive Investigations.--The head of a
military criminal investigative organization may waive the notification
requirements of this section if such head determines that a
notification made pursuant to this section would--
``(1) endanger any witness or victim of the offense under
investigation;
``(2) disclose the existence of an intelligence or
counterintelligence investigation; or
``(3) compromise or reveal any other on-going criminal
investigation.
``(e) Military Criminal Investigative Organization Defined.--In
this section, the term `military criminal investigative organization'
means any organization or element of the Department of Defense or an
armed force that is responsible for conducting criminal investigations,
including--
``(1) the Army Criminal Investigation Command;
``(2) the Naval Criminal Investigative Service;
``(3) the Air Force Office of Special Investigations;
``(4) the Coast Guard Investigative Service; and
``(5) the Defense Criminal Investigative Service.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1567b. Mandatory notification of members of the armed forces and
reserve components identified in certain
records of criminal investigations.''.
SEC. 539. SENTENCING PARAMETERS UNDER THE UNIFORM CODE OF MILITARY
JUSTICE FOR HATE CRIMES.
Section 539E(e)(2)(A)(ii) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 856 note) is amended
by inserting ``(including whether the offense is described in section
249 of title 18)'' after ``district court''.
SEC. 539A. 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. 539B. RECOMMENDATIONS FOR SENTENCING OF MARIJUANA-BASED OFFENSES
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Recommendations.--The Military Justice Review Panel shall
develop recommendations specifying appropriate sentencing ranges for
offenses involving the use and possession of marijuana under chapter 47
of title 10, United States Code (the Uniform Code of Military Justice).
In developing such recommendations, the Military Justice Review Panel
shall consider--
(1) how the sentences typically imposed for marijuana-based
offenses under such chapter compare to the sentences typically
imposed for other comparable offenses, such as offenses
involving the misuse of alcohol;
(2) the overall burden on the military justice system of
the current approach of the Department of Defense to sentencing
marijuana-based offenses under such chapter; and
(3) the historically discriminatory manner in which laws
related to marijuana offenses have been enforced, the potential
for the continued discriminatory application of the law
(whether intentional or unintentional), and recommendations for
actions that can be taken to minimize the risk of such
discrimination.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Military Justice Review Panel shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report that includes the recommendations developed
under subsection (a).
SEC. 539C. 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 appropriate congressional committees 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) Definitions.--In this section--
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Commerce, Science, and
Transportation of the Senate; and
(C) the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United States Code.
SEC. 539D. PUBLIC AVAILABILITY OF MILITARY COMMISSION PROCEEDINGS.
Section 949d(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) In the case of any proceeding of a military commission under
this chapter that is made open to the public, the military judge may
order arrangements for the availability of the proceeding to be watched
remotely by the public through the internet.''.
SEC. 539E. REVIEW AND REPORT ON THE DEFINITION OF CONSENT FOR PURPOSES
OF THE OFFENSES OF RAPE AND SEXUAL ASSAULT UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
(a) Evaluation and Review.--Not later than 30 days after the date
of the enactment of this Act, the Joint Service Committee on Military
Justice shall commission a comprehensive evaluation and review of the
definition of consent, as set forth in section 920(g)(7) of title 10,
United States Code (article 120(g)(7) of the Uniform Code of Military
Justice).
(b) Elements.--The review and evaluation conducted under subsection
(a) shall assess how the definition of consent set forth in section
920(g)(7) of title 10, United States Code (article 120(g)(7) of the
Uniform Code of Military Justice) can be--
(1) expanded to require knowledgeable and informed
agreement, freely entered into, without any malicious factors
or influences such as force, coercion, fear, fraud or false
identity, or exploitation of a person's incapacity;
(2) enhanced through consultation with other recognized
standards for the definition of such term; and
(3) clarified to state clearly that--
(A) the circumstances surrounding an incident of
sexual contact are irrelevant when malicious factors
induced compliance;
(B) consent for a sexual act does not constitute
consent for all sexual acts; and
(C) consent is revocable by either party during
sexual conduct.
(c) Report.--Not later than 180 days after the commencement of the
evaluation and review under subsection (a), the Joint Service Committee
on Military Justice shall submit to the congressional defense
committees a report on the results of the evaluation and review.
SEC. 539F. STANDARDS AND REPORTS RELATING TO CASES OVERSEEN BY MILITARY
CRIMINAL INVESTIGATIVE ORGANIZATIONS.
(a) Standards Required.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall develop
and implement uniform standards applicable to the military
criminal investigative organizations of the Department of
Defense that--
(A) establish processes and procedures for the
handling of cold cases;
(B) specify the circumstances under which a case
overseen by such an organization shall be referred to
the Inspector General of the Department of Defense for
review; and
(C) establish procedures to ensure that, in the
event an investigator transfers out of such an
organization or otherwise ceases to be an investigator,
the cases overseen by such investigator are transferred
to a new investigator within the organization.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act the Secretary of Defense shall submit to
Congress a report on the standards developed under paragraph
(1).
(3) Implementation.--Following the submittal of the report
under paragraph (2), but not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
implement the standards developed under paragraph (1).
(b) Report Establishment of Cold Case Unit in the Army.--Not later
than 120 days after the date of the enactment of this Act, the
Secretary of the Army shall submit to Congress a report on the
feasibility of establishing a cold case unit in the Army Criminal
Investigation Division that is similar to the cold case units operating
within the Naval Criminal Investigative Service and the Air Force
Office of Special Investigations.
Subtitle E--Other Legal Matters
SEC. 541. CLARIFICATIONS OF PROCEDURE IN INVESTIGATIONS OF PERSONNEL
ACTIONS TAKEN AGAINST MEMBERS OF THE ARMED FORCES IN
RETALIATION FOR PROTECTED COMMUNICATIONS.
(a) In General.--Subparagraphs (D) and (E) of paragraph (4) of
section 1034(c) of title 10, United States Code, is amended to read as
follows:
``(D)(i) Upon determining that an investigation of an allegation
under paragraph (1) is warranted, the Inspector General making the
determination shall expeditiously investigate the allegation to
determine whether the protected communication or activity under
subsection (b) was a contributing factor in the personnel action
prohibited under subsection (b) that was taken or withheld (or
threatened to be taken or withheld) against a member of the armed
forces.
``(ii) In the case of a determination made by the Inspector General
of the Department of Defense, that Inspector General may delegate
responsibility for the investigation to an appropriate Inspector
General of a military department.
``(iii) The member alleging the prohibited personnel action may use
circumstantial evidence to demonstrate that the protected communication
or activity under subsection (b) was a contributing factor in the
personnel action prohibited under subsection (b). Such circumstantial
evidence may include that the person taking such prohibited personnel
action knew of the protected communication or activity, and that the
prohibited personnel action occurred within a period of time such that
a reasonable person could conclude that the communication or protected
activity was a contributing factor in the personnel action.
``(iv) If the Inspector General determines it likelier than not
that the member made a communication or participated in an activity
protected under subsection (b) that was a contributing factor in a
personnel action described in such subsection, the Inspector General
shall presume such personnel action to be prohibited under such
subsection unless the Inspector General determines there is clear and
convincing evidence that the same personnel action would have occurred
in the absence of such protected communication or activity.
``(E) If the Inspector General preliminarily determines in an
investigation under subparagraph (D) that a personnel action prohibited
under subsection (b) has occurred and that such personnel action shall
result in an immediate hardship to the member alleging the personnel
action, the Inspector General shall promptly notify the Secretary of
the military department concerned or the Secretary of Homeland
Security, as applicable, of the hardship, and such Secretary shall take
such action as such Secretary determines appropriate.''.
(b) Technical Amendments.--Such paragraph is further amended in
subparagraphs (A) and (B) by striking ``subsection (h)'' both places it
appears and inserting ``subsection (i)''.
SEC. 542. PRIMARY PREVENTION OF VIOLENCE.
(a) Annual Primary Prevention Research Agenda.--Section 549A(c) of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81l 10 U.S.C. 1561 note) 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
sexual assault, sexual harassment, or domestic violence more
than others;
``(3) seek to identify factors that influence the
prevention, perpetration, and victimization of sexual assault,
sexual harassment, and domestic violence;
``(4) seek to improve the collection and dissemination of
data on hazing and bullying related to sexual assault, sexual
harassment, and domestic violence;''; and
(3) in paragraph (6), as redesignated by paragraph (1) of
this section, by amending the text 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; 10
U.S.C. 501 note) is amended--
(1) in subsection (c), 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 the National Defense
Authorization Act for Fiscal Year 2023, the Comptroller General
of the United States shall submit to the appropriate
congressional committees a report comparing the sexual
harassment and prevention training of the Department of Defense
with similar programs at other Federal departments and agencies
and including data collected by colleges and universities and
other relevant outside entities.''; and
(2) by adding at the end the following new subsections:
``(e) Incorporation of Research and Findings.--The Primary
Prevention Workforce established under subsection (a) shall, on a
regular basis, incorporate findings and conclusions from the primary
prevention research agenda established under section 549A, as
appropriate, into the work of the workforce.
``(f) 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 Appropriations of the Senate and
House of Representatives.
``(3) The Committee on Committee on Homeland Security and
Governmental Affairs of the Senate.
``(4) The Committee on Oversight and Reform of the House of
Representatives.''.
SEC. 543. TREATMENT OF CERTAIN COMPLAINTS FROM MEMBERS OF THE ARMED
FORCES.
(a) Regulations Required.--Not later than 180 days after the date
of the enactment of this Act, each Secretary of a military department
shall issue regulations implementing subsections (b) and (c).
(b) Mandatory IG Investigation of Certain Complaints.--
(1) Inspector general investigation.--A complaint described
in paragraph (2) from a member an Armed Force under the
jurisdiction of the Secretary of a military department--
(A) may be investigated only by the Inspector
General of the Armed Force or military department
concerned; and
(B) may not be referred to an individual in the
chain of command of the complainant for investigation.
(2) Complaint described.--A complaint described in this
paragraph--
(A) is a complaint alleging that there was a
violation of a Department of Defense policy relating to
the investigation, processing, or other administrative
treatment of a report sexual assault, sexual
harassment, or domestic violence; and
(B) does not include a complaint alleging an actual
act of sexual harassment, sexual assault, or domestic
violence.
(c) Opportunity to Withdraw Complaints Before Referral to Chain of
Command.--
(1) Notice an opportunity to withdraw.--An Inspector
General of an Armed Force or military department who is in
receipt of a complaint that is eligible for referral to the
chain of command of the complainant may refer such complaint to
the chain of command only if the Inspector General--
(A) notifies the complainant of the intent of the
Inspector General to make such referral; and
(B) provides the complainant with the opportunity
to withdraw the complaint during the period of 10 days
following the issuance of such notice.
(2) Effect of withdrawal.--If a complainant withdraws a
complaint pursuant to paragraph (1)(B), the Inspector General
may not refer the complaint to an individual in the
complainant's chain of command and there shall be no further
investigation of the complaint.
SEC. 544. PILOT PROGRAM ON FINANCIAL ASSISTANCE FOR VICTIMS OF DOMESTIC
VIOLENCE.
(a) In General.--Beginning not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall carry out
a pilot program under which the Secretary makes grants, on a
discretionary basis, to qualified victims of domestic violence to
assist such victims in seeking refuge from an abuser.
(b) Disbursement.--A grant under subsection (a) may be disbursed--
(1) as a single, lump sum payment; or
(2) in multiple payments at such times and in such amounts
as the Secretary determines appropriate.
(c) Maximum Amount.--A qualified victim of domestic violence may
receive not more than a total of $7,500 in grants under subsection (a)
during the victim's lifetime.
(d) Report.--Not later than one year prior to the termination date
specified in subsection (e), the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report that--
(1) evaluates the effectiveness of the pilot program under
this section;
(2) indicates whether the pilot program should be continued
or expanded;
(3) takes into account voluntary feedback from program
recipients and relevant Department staff, including direct
testimonials about their experiences with the program and ways
in which they think it could be improved; and
(4) examines other potential actions that arise during the
course of the program that the Department could take to further
protect the safety of program participants and eligible
individuals, as the Secretary determines appropriate.
(e) Termination.--The authority to carry out the pilot program
under this section shall terminate six years after the date of the
enactment of this Act.
(f) Regulations.--The Secretary of Defense shall prescribe
regulations implementing this section.
(g) Definitions.--In this section:
(1) The term ``domestic violence'' means an act described
in section 928b of title 10, United States Code (article 128b
of the Uniform Code of Military Justice).
(2) The term ``qualified victim of domestic violence''
means an individual who meets the following criteria:
(A) The individual is a member of an Armed Force or
a spouse, intimate partner, or immediate family member
of a member of an Armed Force.
(B) The individual reported an incident of domestic
violence to an organization or element of the
Department of Defense or to a civilian law enforcement
organization.
(C) The individual or a dependent of that
individual was an alleged victim of such incident.
(D) The individual demonstrates--
(i) an intent to seek refuge from the
alleged abuser; and
(ii) a need for financial assistance.
SEC. 545. AGREEMENTS WITH CIVILIAN VICTIM SERVICE AGENCIES.
(a) Guidance Required.--The Secretary of Defense, in consultation
with the Secretaries of the military departments and the Secretary of
the department in which the Coast Guard is operating (with respect to
the Coast Guard), shall issue guidance pursuant to which installation
commanders may enter into memoranda of understanding with qualified
victim service agencies for purposes of providing services to victims
of sexual assault in accordance with subsection (b).
(b) Contents of Agreement.--A memorandum of understanding entered
into under subsection (a) shall provide that personnel of the sexual
assault prevention and response program at a military installation may
refer a victim of sexual assault to a qualified civilian victim service
agency if such personnel determine that such a referral would benefit
the victim.
(c) Victim Service Agency Defined.--In this section, the term
``victim service agency'' means an agency which may provide legal
services, counseling, or safe housing.
SEC. 546. ACTIVITIES TO IMPROVE INFORMATION SHARING AND COLLABORATION
ON MATTERS RELATING TO THE PREVENTION OF AND RESPONSE TO
DOMESTIC ABUSE AND CHILD ABUSE AND NEGLECT AMONG MILITARY
FAMILIES.
(a) Enhancement of Activities for Awareness of Military Families
Regarding Family Advocacy Programs and Other Similar Services.--
(1) Pilot program on information on faps for families.--The
Secretary of Defense shall carry out a pilot program to assess
the feasibility and advisability of various mechanisms to
inform families about the Family Advocacy Programs and
resiliency training of the covered Armed Forces during command
orientation and during enrollment in the Defense Enrollment
Eligibility Reporting System. The matters assessed by the pilot
program shall include the following:
(A) An option for training of family members on the
Family Advocacy Programs.
(B) The provision to families of information on the
resources available through the Family Advocacy
Programs.
(C) The availability through the Family Advocacy
Programs of both restricting and unrestricted reporting
on incidents of domestic abuse.
(D) The provision to families of information on the
Military OneSource program of the Department of
Defense.
(E) The provision to families of information on
resources relating to domestic abuse and child abuse
and neglect that are available through local community
service organizations.
(F) The availability of the Military and Family
Life Counseling Program.
(2) Outreach on fap and similar services for military
families.--Each Secretary of a military department shall
improve the information available to military families under
the jurisdiction of such Secretary that are the victim of
domestic abuse or child abuse and neglect in order to provide
such families with comprehensive information on the services
available to such families in connection with such violence and
abuse and neglect. The information so provided shall include a
complete guide to the following:
(A) The Family Advocacy Program of the covered
Armed Force or military department concerned.
(B) Military law enforcement services, including
the process following a report of an incidence of
domestic abuse or child abuse or neglect.
(C) Other applicable victim services.
(b) Improvement of Collaboration in Domestic Abuse Prevention
Services.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, Department of Defense Instruction
6400.01, relating to the Family Advocacy Program of the
Department of Defense, shall be modified to enhance
collaboration among the programs and entities specified in
paragraph (2) for the purpose of leveraging the expertise and
resources of such programs and components to order to improve
the availability and scope of domestic abuse prevention
services for military families.
(2) Programs and entities.--The programs and entities
specified in this paragraph are the following:
(A) The Family Advocacy Program of the Department
of Defense.
(B) The Sexual Assault Prevention and Response
Office of the Department of Defense.
(C) The Defense Suicide Prevention Office.
(D) The Defense Equal Opportunity Management
Institute.
(E) The Defense Health Agency.
(F) The substance abuse prevention programs and
entities of the covered Armed Forces.
(G) Relevant programs and entities of the
Department of Veterans Affairs.
(H) Civilian organizations with missions relevant
to domestic abuse prevention, including community
health and social services organizations.
(I) Such other programs and entities as the
Secretary of Defense considers appropriate.
(c) 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. 547. INSPECTOR GENERAL INVESTIGATION INTO DISCRIMINATION AGAINST
MEMBERS AND EMPLOYEES OF MIDDLE EASTERN AND NORTH AFRICAN
DESCENT.
(a) Investigation.--The Assistant Inspector General for Diversity
and Inclusion of the Department of Defense shall conduct an
investigation into discrimination faced by members of the Armed Forces,
and civilian employees of the Department, who are of Middle Eastern or
North African descent.
(b) Report.--Not later than one year after the date of the
enactment of this Act, Assistant Inspector General shall submit to the
Committees on Armed Services of the House of Representatives and Senate
a report containing the results of such investigation.
SEC. 548. TIME LIMIT FOR PROCESSING CERTAIN ADMINISTRATIVE COMPLAINTS.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by inserting after section 1561b the following new section:
``Sec. 1561c. Processing a harassment or military equal opportunity
complaint
``(a) Time Limit.--An official authorized to take final action on a
complaint from a member of the armed forces of harassment or prohibited
discrimination shall ensure the procedures and requirements for the
complaint are completed within 180 days after the date on which any
supervisor or designated office received the complaint.
``(b) Judicial Review.--
``(1) Pursuant to section 706(1) of title 5, United States
Code, a member of the armed forces may seek an order in a court
of the United States directing the Secretary concerned to take
final action or provide a written explanation no later than 30
days after the court enters its order, if an authorized
official does not--
``(A) take final action on a complaint under
subsection (a) within 180 days; or
``(B) provide the member a written explanation of
the final action taken on a complaint under subsection
(a).
``(2) Pursuant to section 706(2) of title 5, United States
Code, and no later than 30 days after a member of the armed
forces receives a written explanation of the final action taken
on a complaint under subsection (a), the member may seek review
of the action in a court of the United States.
``(c) Report.--Not later than April 1 each year, the Secretary
concerned shall submit to the appropriate congressional committees a
report of the total number of court orders sought under subsection (b)
and orders granted by such courts.
``(d) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means
the following:
``(A) The Committee on Armed Services of the House
of Representatives.
``(B) The Committee on Armed Services of the
Senate.
``(C) The Committee on Transportation and
Infrastructure of the House of Representatives.
``(D) The Committee on Commerce, Science, and
Transportation of the Senate.
``(2) The term `complaint' means an allegation or report of
harassment or prohibited discrimination.
``(3) The term `designated office' means a military equal
opportunity office or an office of the inspector general or
staff judge advocate, and any other departmental office
authorized by the Secretary concerned to receive harassment and
prohibited discrimination complaints.
``(4) The term `harassment' means behavior that is
unwelcome or offensive to a reasonable person, whether oral,
written, or physical, that creates an intimidating, hostile, or
offensive environment.
``(5) The term `prohibited discrimination' means unlawful
discrimination, including disparate treatment, of an individual
or group on the basis of race, color, national origin,
religion, sex (including pregnancy), gender identity, or sexual
orientation.
``(6) The term `member of the armed forces' means a member
of an armed force serving on active duty.
``(7) The term `supervisor' means a member of the armed
forces in charge or command of other members of the armed
forces or a civilian employee (as defined in section 2105 of
title 5, United States Code) authorized to direct and control
service members.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1561b the following new item:
``1561c. Processing a harassment or military equal opportunity
complaint.''.
SEC. 549. REVIEW AND REPORT ON ADMINISTRATION OF SEXUAL HARASSMENT
CLAIMS.
(a) Review.--The Secretary of Defense shall review the practices of
the Department of Defense pertaining to the administration of sexual
harassment claims. As part of the review, the Secretary shall--
(1) assess the efforts of the Department to prevent sexual
harassment and protect members of the Armed Forces who submit
sexual harassment claims; and
(2) compile data and research on the prevalence of sexual
harassment in the military, including--
(A) the number of sexual harassment incidents
reported;
(B) the number and percentage of such reports that
resulted in the initiation of legal proceedings against
the alleged perpetrator; and
(C) the number and percentage of such cases leading
to convictions or other adverse action against the
alleged perpetrator.
(b) Report.--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 results of the review
conducted under subsection (a).
SEC. 549A. INTERAGENCY TASK FORCE TO PROTECT MEMBERS, VETERANS, AND
MILITARY FAMILIES FROM FINANCIAL FRAUD.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of Veterans Affairs, shall establish an Interagency Task
Force on Financial Fraud targeting members of the Armed Forces and
veterans (referred to in this section as the ``Task Force'').
(b) Membership.--The Task Force established under this section
shall include representatives from the following:
(1) The Department of Defense.
(2) The Department of Veterans Affairs,
(3) The Federal Trade Commission.
(4) The Consumer Financial Protection Bureau.
(5) The Department of Justice.
(6) The Federal Communications Commission.
(7) The Postal Inspection Service.
(8) Three representatives, appointed by the Secretary of
Defense in consultation with the Secretary of the Department of
Veterans Affairs, of non-governmental organizations (at least
one of whom is a representative of a veterans' service
organization) with expertise in identifying, preventing, and
combatting financial fraud targeting members of the Armed
Forces, veterans, and military families.
(c) Consultation.--The Task Force shall regularly consult with the
following:
(1) Members of the Armed Forces, veterans, and members of
military families that have been victims of financial fraud.
(2) Relevant Federal agencies and departments that are not
represented on the Task Force.
(3) Other relevant public and private sector stakeholders,
including State and local law enforcement agencies, financial
services providers, technology companies, and social media
platforms.
(d) Meetings.--The Task Force shall not meet less frequently than
three times per calendar year.
(e) Purpose.--The purpose of the Task Force is to identify and
examine current and developing methods of financial fraud targeting
members of the Armed Forces, veterans, and military families and issue
recommendations to enhance efforts undertaken by Federal agencies to
identify, prevent, and combat such financial fraud.
(f) Duties.--The duties of the Task Force shall include the
following:
(1) Collecting and reviewing robust data pertaining to
medical billing, credit reporting, debt collection, and other
serious financial challenges facing members of the Armed
Forces, veterans, and military families.
(2) Identifying and reviewing current methods of financial
exploitation targeting members of the Armed Forces, veterans,
and military families, including--
(A) imposter or phishing scams;
(B) investment-related fraud;
(C) pension poaching;
(D) veterans benefit fraud;
(E) fraudulent offers pertaining to employment or
business opportunities;
(F) predatory lending;
(G) veteran charity schemes;
(H) foreign money offers and fake check scams;
(I) mortgage foreclosure relief and debt management
fraud;
(J) military allotment system abuse; and
(K) military records fraud.
(3) Identifying and evaluating the new financial risks that
emerging financial technologies, including buy-now-pay-later
credit and digital payment ecosystems, may present to members
of the Armed Forces, veterans, and military families.
(4) Evaluating the efficacy of current Federal programs,
educational campaigns, policies, and statutes, including the
Military Lending Act and the Servicemembers Civil Relief Act,
in preventing and combatting financial fraud targeting members
of the Armed Forces, veterans, and military families.
(5) Developing recommendations to enhance efforts of
Federal agencies to detect, prevent, and combat financial fraud
targeting members of the Armed Forces, veterans, and military
families.
(g) Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Task Force shall
submit to the appropriate congressional committees a report on its
findings to date and recommendations to enhance the efforts of Federal
agencies to identify, prevent, and combat financial fraud targeting
members of the Armed Forces, veterans, and military families.
(h) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Oversight and Reform of the House of
Representatives.
(2) The Committee on Armed Services of the House of
Representatives.
(3) The Committee on Veterans' Affairs of the House of
Representatives.
(4) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(5) The Committee on Armed Services of the Senate.
(6) The Committee on Veterans' Affairs of the Senate.
SEC. 549B. EXCLUSION OF EVIDENCE OBTAINED WITHOUT PRIOR AUTHORIZATION.
Section 271 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Notwithstanding any other provision of law, any information
obtained by or with the assistance of a member of the Armed Forces in
violation of section 1385 of title 18, shall not be received in
evidence in any trial, hearing, or other proceeding in or before any
court, grand jury, department, officer, agency, regulatory body,
legislative committee, or other authority of the United States, a
State, or a political subdivision thereof.''.
Subtitle F--Member Education
SEC. 551. INCREASE IN MAXIMUM NUMBER OF STUDENTS ENROLLED AT UNIFORMED
SERVICES UNIVERSITY OF THE HEALTH SCIENCES.
Section 2114(f)(2) of title 10, United States Code, is amended by
striking ``40'' and inserting ``60''.
SEC. 552. 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), the Secretary of the
military department concerned may provide the following support to a
covered foundation:
``(1) The use, on an unreimbursed basis, of facilities or
equipment of the United States by the covered foundation,
authorized by any--
``(A) general or flag officer;
``(B) Senior Executive Service employee assigned to
the Service Academy supported by that covered
foundation; or
``(C) official designated by the Secretary
concerned.
``(2) Endorsement by an individual described in paragraph
(1) of--
``(A) the covered foundation;
``(B) an event of the covered foundation; or
``(C) an activity of the covered foundation.
``(b) Limitations.--Support under subsection (a) may be provided
only if such support--
``(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; and
``(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.
``(c) Briefing.--In any fiscal year during which support is
provided 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 congressional defense committees regarding the
number of events or activities of a covered foundation in which an
individual described in subsection (a)(1) participated 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. 553. AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY PROFESSIONAL SPORT
CONSTITUTES A BREACH OF SERVICE OBLIGATION.
(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) The cadet may not obtain employment, including as a
professional athlete, until after completing the cadet's
commissioned service obligation.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) by
obtaining employment as a professional athlete 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 before completing the cadet's commissioned service
obligation has breached an agreement under such subsection;''.
(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) The midshipman may not obtain employment, including
as a professional athlete, until after completing the
midshipman's commissioned service obligation.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A midshipman who violates paragraph (5) of subsection (a) by
obtaining employment as a professional athlete 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 before completing the midshipman's
commissioned service obligation has breached an agreement under
such subsection;''.
(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) The cadet may not obtain employment, including as a
professional athlete, until after completing the cadet's
commissioned service obligation.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) by
obtaining employment as a professional athlete 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 before completing the cadet's commissioned service
obligation has breached an agreement under such subsection;''.
(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: ATTENDANCE BY ENLISTED MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that:
(1) The demands of the future operating environment need to
be met by the most professional, intelligent, innovative, and
capable servicemembers our nation has ever produced.
(2) Though officers comprise roughly 18% of the armed
forces, they receive significantly higher investments into
their education up to the PhD level than that of their enlisted
counterparts.
(3) Investing in enlisted advanced education will
strengthen the lethality of the armed forces by producing
higher quantities of noncommissioned officers able to operate
through the intellectual demands of complex contingencies,
producing military leaders at rates higher than is otherwise
feasible with the pool of eligible officers.
(4) Conducting research and analysis on the impact of
advanced education on enlisted servicemembers performance,
promotion rate, misconduct, and retention is critical to
propelling the Department of Defense's initiatives for a
modern, state-of-the art approach to education and research to
create and sustain an intellectual overmatch in today's
warfighting domains.
(5) The Naval Postgraduate School serves as a converging
point for all branches of the United States military while
simultaneously offering innovative learning environments that,
combined, offers an ideal testing ground to evaluate the
potential benefits of expanding enlisted higher education
across the Joint Force.
(b) 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'' and inserting ``at a rate of acceptance not to be
conditioned by the number of officer applications''.
(c) 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 lethality of the Armed Forces.
(2) Effects on rates of recruitment, promotion (including
compensation to members), and retention.
(3) Effects on malign behavior by members of the Armed
Forces.
SEC. 555. AUTHORITY TO WAIVE TUITION AT UNITED STATES AIR FORCE
INSTITUTE OF TECHNOLOGY FOR CERTAIN PRIVATE SECTOR
CIVILIANS.
Section 9414a(e)(1) of title 10, United States Code, is amended--
(1) in by striking ``The United'' and inserting ``Subject
to paragraph (3), the United''; and
(2) by adding at the end the following:
``(3) The Director and Chancellor of the United States Air Force
Institute of Technology may waive tuition for a student, enrolled under
this section, who attends a course for professional continuing
education.''.
SEC. 556. TERMS OF PROVOST AND ACADEMIC DEAN OF THE UNITED STATES AIR
FORCE INSTITUTE OF TECHNOLOGY.
(a) In General.--Paragraph (2) of subsection (b) of section 9414b
of title 10, United States Code, is amended to read as follows: ``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''.
(b) Conforming Amendment.--Paragraph (1) of such subsection is
amended by striking ``appointed'' and inserting ``selected''.
SEC. 557. ESTABLISHMENT OF CONSORTIUM FOR CURRICULA IN MILITARY
EDUCATION.
(a) Establishment.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Chairman of the Joint Chiefs of Staff, and in coordination with the
Under Secretary of Defense for Personnel and Readiness, shall establish
a consortium of the institutions of military education and covered
entities.
(b) Activities.--The duties of the consortium shall be to conduct
research and develop common, research-based curricula for the
institutions of military education in order to improve military
education for students of the consortium members.
(c) Curricula.--
(1) In general.--Curricula developed by the consortium
shall--
(A) be more responsive to new opportunities and
challenges in an era of great power competition, and in
which security requires knowledge of economics, new
technologies (including artificial intelligence),
supply chains, and adversarial governments;
(B) creatively apply military power to inform
national strategy, conduct globally integrated
operations, and fight under conditions of disruptive
change; and
(C) include non-military topics, such as diplomacy,
economics, information, intelligence, and culture.
(2) Applied design for innovation of the defense analysis
department at the naval postgraduate school.--The Secretary may
make permanent the curriculum of the Applied Design for
Innovation of the Defense Analysis Department at the Naval
Postgraduate School and use such curriculum as a model to be
replicated at other institutions of military education.
(d) Director.--The Director of the consortium shall be the
President of National Defense University.
(e) Meetings.--The consortium shall meet at the call of the
Director, in accordance with the following:
(1) The consortium and the Chiefs of the Armed Forces shall
meet not less than once annually to establish or revise
curricula.
(2) The consortium shall meet not less than twice annually
to establish a plan of action and milestones to prepare
curricula.
(f) Reports.--
(1) Interim report.--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 Senate and House of
Representative an interim report on the organization,
activities, funding, actions and milestones of the consortium.
(2) Annual report.--Not later than September 30 of each
year, beginning in 2024 and ending in 2028, the Secretary shall
submit to the Committees on Armed Services of the Senate and
House of Representative a report describing the activities,
funding, curricula created, and research conducted by the
consortium during the preceding year.
(g) Termination.--The consortium shall terminate on September 30,
2028.
(h) 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 military service academies.
(2) The term ``covered entity'' means--
(A) an institution of higher education that the
Secretary determines has an established program of
education regarding national security or technology
relevant to the Department of Defense; or
(B) an entity that the Secretary determines
conducts research in policy relevant to the Department
of Defense.
(3) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (Public Law 89-329; 20 U.S.C. 1001).
(4) 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.
(5) The term ``military service academy'' means the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(6) The term ``professional military education schools''
means the schools specified in section 2162 of title 10, United
States Code.
SEC. 558. ESTABLISHMENT OF CONSORTIUM OF INSTITUTIONS OF MILITARY
EDUCATION FOR CYBERSECURITY MATTERS.
(a) Establishment.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Chairman of the Joint Chiefs of Staff and the Under Secretary of
Defense for Personnel and Readiness, shall establish a consortium of
the institutions of military education and covered entities.
(b) Functions.--The functions of the consortium include the
following:
(1) To provide a forum for members of the consortium to
share information regarding matters of education on
cybersecurity, including--
(A) education of cyber mission forces;
(B) lessons learned;
(C) the intersection of cybersecurity across all
warfighting domains; and
(D) other matters of cybersecurity related to
national security.
(2) To develop a cybersecurity research agenda to--
(A) identify gaps in cybersecurity of the
Department of Defense; and
(B) study offensive threats, defensive threats, and
active deterrence in the cyber domain.
(3) To provide the Secretary, the consortium members, and
other entities determined appropriate by the Secretary, access
to the expertise of the members of the consortium on matters
relating to cybersecurity.
(4) To align the efforts of the members of the consortium
to support cybersecurity of the Department of Defense.
(c) Director.--The Director of the consortium shall be the
President of National Defense University. The Director shall consult
and coordinate with representatives of the institutions of military
education and covered entities.
(d) Meetings.--The consortium shall meet at the call of the
Director, including--
(1) not less than once annually with the Chiefs of the
Armed Forces; and
(2) not less than once annually to conduct cyber space war
games wherein members of the consortium compete.
(e) Coordination With Other Entities.--The Consortium shall, to the
maximum extent practicable, coordinate on matters of mutual interest
and align its efforts with the consortium established under section
1659 of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 391 note).
(f) Reports.--
(1) Interim report.--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 Senate and House of
Representative an interim report on the organization,
activities, funding, actions and milestones of the consortium.
(2) Annual report.--Not later than September 30 of each
year, beginning in 2024 and ending in 2028, the Secretary shall
submit to the Committees on Armed Services of the Senate and
House of Representative a report describing the activities,
funding, research conducted by the consortium, and other
matters determined by the Secretary, during the preceding year.
(g) Termination.--The consortium shall terminate on September 30,
2028.
(h) 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 military service academies.
(2) The term ``covered entity'' means--
(A) an institution of higher education that the
Secretary determines has an established program of
education regarding cybersecurity or technology
relevant to the Department of Defense; or
(B) an entity that the Secretary determines
conducts research in cybersecurity relevant to the
Department of Defense.
(3) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (Public Law 89-329; 20 U.S.C. 1001).
(4) 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.
(5) The term ``military service academy'' means the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(6) The term ``professional military education schools''
means the schools specified in section 2162 of title 10, United
States Code.
SEC. 559. COMMISSION ON PROFESSIONAL MILITARY EDUCATION.
(a) Establishment.--There is established a commission to examine
the purpose, implementation, outcomes, and relevance of professional
military education programs operated by the Department of Defense. The
commission shall be known as the ``Commission on Professional Military
Education'' (referred to in this section as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of the
following members:
(A) Two members appointed by the Chairman of the
Committee on Armed Services of the Senate, one of whom
shall be a Senator and one who may not be a Senator.
(B) Two members appointed by the Ranking Minority
Member of the Committee on Armed Services of the
Senate, one of whom shall be a Senator and one who may
not be a Senator.
(C) Two members appointed by the Chair of the
Committee on Armed Services of the House of
Representatives, one of whom shall be a Member of the
House of Representatives and one who may not be a
Member of the House of Representatives.
(D) Two members appointed by the Ranking Minority
Member of the Committee on Armed Services of the House
of Representatives, one of whom shall be a Member of
the House of Representatives and one who may not be a
Member of the House of Representatives.
(2) Chair.--The Commission shall have one Chair, selected
by the members of the Commission.
(c) Appointment; Initial Meeting.--
(1) Appointment.--Members of the Commission shall be
appointed not later than 60 days after the date of the
enactment of this Act.
(2) Initial meeting; notice.--The Commission shall hold its
initial meeting on or before the date that is 90 days after the
date of the enactment of this Act. In lieu of publication in
the Federal Register, the Commission shall post a notice of
such meeting on a publicly accessible website of the Commission
at least 15 days before such meeting.
(d) Meetings; Notice; Quorum; Vacancies.--
(1) In general; notice.--After its initial meeting, the
Commission shall meet--
(A) upon the call of the Chair of the Commission;
and
(B) not fewer than 15 days after posting a notice
of such meeting on a publicly accessible website of the
Commission, in lieu of publication in the Federal
Register.
(2) Quorum.--Five members of the Commission shall
constitute a quorum for purposes of conducting business, except
that two members of the Commission shall constitute a quorum
for purposes of receiving testimony.
(3) Vacancies.--Members shall be appointed for the life of
the Commission. Any vacancy in the Commission shall not affect
its powers, but shall be filled in the same manner as the
original appointment.
(4) Quorum with vacancies.--If vacancies in the Commission
occur on any day after 60 days after the date of the enactment
of this Act, a quorum shall consist of a majority of the
members of the Commission as of such day.
(e) Actions of Commission.--
(1) In general.--The Commission shall act by resolution
agreed to by a majority of the members of the Commission voting
and present.
(2) Subcommittees.--The Commission may establish
subcommittees composed of less than the full membership of the
Commission for purposes of carrying out the duties of the
Commission under this section. The actions of any such
subcommittee shall be subject to the review and control of the
Commission. Any findings and determinations made by such a
subcommittee shall not be considered the findings and
determinations of the Commission unless approved by the
Commission.
(3) Delegation.--Any member, agent, or staff of the
Commission may, if authorized by the Chair of the Commission,
take any action which the Commission is authorized to take
pursuant to this section.
(f) Duties.--The duties of the Commission are as follows:
(1) To--
(A) review the purpose and desired outcomes, as
indicated in Department of Defense Instruction 1322.35,
of professional military education in support of the
National Defense Strategy; and
(B) evaluate whether the Armed Forces are achieving
such purpose and outcomes.
(2) To review and evaluate the means by which faculty
assigned to teach professional military education are selected,
managed, promoted, evaluated, and afforded academic freedom,
including--
(A) members serving on active duty;
(B) civilian instructors who are military retirees;
and
(C) civilian instructors who are not military
retirees.
(3) To--
(A) review how members are selected for residential
and non-residential professional military education;
(B) evaluate whether students are adequately
prepared for professional military education programs;
and
(C) whether additional entrance requirements, such
as a writing assessment and academic prerequisites,
should be established.
(4) To--
(A) review and assess how the performance of
professional military education students is evaluated
during the academic year;
(B) how such performance is reflected in the
service records of such students; and
(C) consider whether students assigned to
residential professional military education at the war
colleges should be objectively evaluated by the faculty
for potential at more senior ranks.
(5) To review and evaluate whether and how professional
military education prepares graduates for senior-level
operational and strategic assignments.
(6) To review and evaluate whether and how the Armed Forces
consider and fully leverage professional military education in
subsequent assignments.
(7) To consider whether professional military education
tracks focused on China, Russia, or other key adversaries or
topics of importance to the National Defense Strategy would
provide value for the Armed Forces.
(8) With respect to professional military education
curriculum, to review and evaluate--
(A) relevance to the National Defense Strategy and
current and future defense needs, including topics
covered and modalities of instruction, such as
interactive seminars, wargaming, and other simulations;
and
(B) the process for developing and modifying the
curriculum.
(9) To evaluate whether the Armed Forces have established a
system of accountability to ensure that professional military
education meets the defense needs of the United States at a
reasonable cost.
(10) To review and evaluate the appropriateness of the
service commitments imposed by the Armed Forces for members
selected for professional military education.
(g) Powers of Commission.--
(1) In general.--The Commission or, on the authorization of
the Commission, any subcommittee or member thereof, may, for
the purpose of carrying out the provisions of this section hold
such hearings and sit and act at such times and places, take
such testimony, receive such evidence, and administer such
oaths.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in advance in appropriation Acts,
enter into contracts to enable the Commission to discharge its
duties under this section.
(3) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from any executive department, agency, bureau, board,
commission, office, independent establishment, or
instrumentality of the Government information,
suggestions, estimates, and statistics for the purposes
of this section.
(B) Compliance.--Except for the intelligence
community (as such term is defined in section 3 of the
National Security Act of 1947 (Chapter 343; 61 Stat.
496; 50 U.S.C. 3003)), each such department, agency,
bureau, board, commission, office, establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request of
the Chair of the Commission.
(C) Classified information.--The Commission shall
handle and protect all classified information provided
to it under this section in accordance with applicable
statutes and regulations.
(4) Assistance from department of defense.--The Secretary
of Defense shall provide to the Commission, on a
nonreimbursable basis, such administrative services, funds,
staff, facilities, and other support services as are necessary
for the performance of the Commission's duties under this
section.
(5) Postal services.--The Commission may use the United
States postal services in the same manner and under the same
conditions as the departments and agencies of the United
States.
(6) Gifts.--No member or staff of the Commission may
receive a gift or benefit by reason of the service of such
member or staff to the Commission.
(h) Staff of Commission.--
(1) Director.--The Chair of the Commission, in accordance
with rules agreed upon by 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.
(2) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
(3) Consultant services.--The Commission may procure the
services of experts and consultants in accordance with section
3109 of title 5, United States Code, but at rates not to exceed
the daily rate paid a person occupying a position at level IV
of the Executive Schedule under section 5315 of such title.
(i) Compensation and Travel Expenses.--
(1) Compensation.--
(A) In general.--Except as provided in paragraph
(2), each member of the Commission may be compensated
at not to exceed the daily equivalent of 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, for each day during which that
member is engaged in the actual performance of the
duties of the Commission under this section.
(B) Federal officers or employees.--Members of the
Commission who are officers or employees of the United
States or Members of Congress shall receive no
additional pay by reason of their service on the
Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission may be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code.
(j) Final Report; Termination.--
(1) Final report.--Not later than 18 months after the date
of the enactment of this Act, the Commission shall submit to
the congressional defense committees and the Secretary of
Defense an unclassified report (that may include a classified
annex) containing the findings and recommendations of the
Commission.
(2) Termination.--
(A) In general.--The Commission, and all the
authorities of this section, shall terminate at the end
of the 120-day period beginning on the date on which
the final report under paragraph (1) is submitted to
the congressional defense committees.
(B) Winding down.--The Commission may use the 120-
day period referred to in subparagraph (A) for the
purposes of concluding its activities, including
providing testimony to Congress concerning the final
report referred to in that subparagraph and
disseminating the report.
SEC. 559A. INCREASE IN THE NUMBER OF INDIVIDUALS FROM THE DISTRICT OF
COLUMBIA WHO MAY BE APPOINTED TO MILITARY SERVICE
ACADEMIES.
(a) United States Military Academy.--Section 7442 of title 10,
United States Code, is amended--
(1) in subsection (a)(5), by striking ``Five'' and
inserting ``Fifteen''; and
(2) in subsection (b)(5), by striking ``paragraphs (3) and
(4)'' and inserting ``paragraphs (3), (4), and (5)''.
(b) United States Naval Academy.--Section 8454 of title 10, United
States Code, is amended--
(1) in subsection (a)(5), by striking ``Five'' and
inserting ``Fifteen''; and
(2) in subsection (b)(5), by striking ``paragraphs (3) and
(4)'' and inserting ``paragraphs (3), (4), and (5)''.
(c) United States Air Force Academy.--Section 9442 of title 10,
United States Code, is amended--
(1) in subsection (a)(5), by striking ``Five'' and
inserting ``Fifteen''; and
(2) in subsection (b)(5), by striking ``paragraphs (3) and
(4)'' and inserting ``paragraphs (3), (4), and (5)''.
SEC. 559B. 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) Any significant disparity in gender, race,
ethnicity, or other demographic category described in
subsection (b), and any suspected cause of such
disparity within the application or nominating
process.''.
SEC. 559C. REPORT ON TREATMENT OF CHINA IN CURRICULA OF PROFESSIONAL
MILITARY EDUCATION.
(a) In General.--Not later than December 1, 2022, 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;
and
(E) the Naval Postgraduate School.
(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.
SEC. 559D. SPEECH DISORDERS OF CADETS AND MIDSHIPMEN.
(a) Testing.--The Superintendent of a military service academy
shall provide testing for speech disorders to incoming cadets or
midshipmen under the jurisdiction of that Superintendent.
(b) No Effect on Admission.--The testing under subsection (a) may
not have any affect on admission to a military service academy.
(c) Results.--The Superintendent shall provide each cadet or
midshipman under the jurisdiction of that Superintendent the result of
the testing under subsection (a) and a list of warfare unrestricted
line officer positions and occupation specialists that require
successful performance on the speech test.
(d) Therapy.--The Superintendent shall furnish speech therapy to a
cadet or midshipman under the jurisdiction of that Superintendent at
the election of the cadet or midshipman.
(e) Retaking.--A cadet or midshipman whose testing indicate a
speech disorder or impediment may elect to retake the testing once each
academic year while enrolled at the military service academy.
SEC. 559E. AMENDMENTS TO PATHWAYS FOR COUNSELING IN THE TRANSITION
ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, is amended--
(1) in subparagraph (E), by striking ``Disability'' and
inserting ``Potential or confirmed disability'';
(2) in subparagraph (F), by striking ``Character'' and
inserting ``Potential or confirmed character'';
(3) by redesignating subparagraph (M) as subparagraph (R);
and
(4) by inserting after subparagraph (L) the following:
``(M) Child care requirements of the member (including
whether a dependent of the member is enrolled in the
Exceptional Family Member Program).
``(N) The employment status of other adults in the
household of the member.
``(O) The location of the duty station of the member
(including whether the member was separated from family while
on duty).
``(P) The effects of operating tempo and personnel tempo on
the member and the household of the member.
``(Q) Whether the member is an Indian or urban Indian, as
those terms are defined in section 4 of the Indian Health Care
Improvement Act (Public Law 94-437; 25 U.S.C. 1603).''.
Subtitle G--Member Training and Transition
SEC. 561. INFORMATION REGARDING APPRENTICESHIPS FOR MEMBERS DURING
INITIAL ENTRY TRAINING.
(a) Requirement.--Chapter 31 of title 10, United States Code, is
amended by inserting after section 510 the following new section:
``Sec. 510a. Provision of information regarding apprenticeships during
initial entry training
``(a) In General.--The Secretary concerned shall provide to a
member, during initial entry training, information regarding registered
apprenticeship programs related to the military occupational specialty
or career field of such member.
``(b) Registered Apprenticeship Program Defined.--In this section,
the term `registered apprenticeship program' means an apprenticeship
program registered under 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.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting, after the item relating to
section 510, the following new item:
``510a. Provision of information regarding apprenticeships during
initial entry training.''.
SEC. 562. EXTREMIST ACTIVITY BY A MEMBER OF THE ARMED FORCES: NOTATION
IN SERVICE RECORD; TAP COUNSELING.
(a) TAP Counseling.--Subsection (b) of section 1142 of title 10,
United States Code, is amended by adding at the end the following new
paragraph (20):
``(20) In the case of a member who has violated Department
of Defense Instruction 1325.06 (or successor document),
relating to extremist activity, in-person counseling, developed
by the Secretary of Defense in consultation with the Secretary
of Homeland Security, that includes--
``(A) information regarding why extremist activity
is inconsistent with service in the armed forces and
with national security;
``(B) information regarding the dangers associated
with involvement with an extremist group; and
``(C) methods for the member to recognize and avoid
information that may promote extremist activity.''.
(b) Service Record.--In the case of a member described in paragraph
(20) of such subsection, as added by subsection (a) of this section,
the Secretary concerned shall ensure that the commanding officer of
such member notes such violation in the service record of such member.
(c) Implementation Date.--The Secretary of Defense shall complete
development of counseling under such paragraph not later than the day
that is one year after the date of the enactment of this Act. The
Secretary concerned shall ensure that such counseling is carried out on
and after such day.
SEC. 563. 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. 564. TRAINING ON DIGITAL CITIZENSHIP AND MEDIA LITERACY IN ANNUAL
CYBER AWARENESS TRAINING FOR CERTAIN MEMBERS.
(a) In General.--The annual cyber awareness training provided to
members of the covered Armed Forces shall include a digital literacy
module regarding digital citizenship, media literacy, and protection
against cyber threats (such as influenced or digitally altered
information).
(b) 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 ``digital citizenship'' means the ability to
safely, responsibly, and ethically use communication
technologies and digital information technology tools and
platforms; create and share media content using principles of
social and civic responsibility and with awareness of the legal
and ethical issues involved; and participate in the political,
economic, social, and cultural aspects of life related to
technology, communications, and the digital world by consuming
and creating digital content, including media.
(3) The term ``media literacy'' means the ability to access
relevant and accurate information through media in a variety of
forms; critically analyze media content and the influences of
different forms of media; evaluate the comprehensiveness,
relevance, credibility, authority, and accuracy of information;
make educated decisions based on information obtained from
media and digital sources; operate various forms of technology
and digital tools; and reflect on how the use of media and
technology may affect private and public life.
SEC. 565. PILOT GRANT PROGRAM TO SUPPLEMENT THE TRANSITION ASSISTANCE
PROGRAM OF THE DEPARTMENT OF DEFENSE.
(a) Establishment.--The Secretary of Defense, in consultation with
the Secretary of Veterans Affairs, shall carry out a pilot grant
program under which the Secretary of Defense provides enhanced support
and funding to eligible entities to supplement TAP to provide job
opportunities for industry recognized certifications, job placement
assistance, and related employment services directly to covered
individuals.
(b) Services.--Under the pilot grant program, the Secretary of
Defense shall provide grants to eligible entities to provide to covered
individuals the following services:
(1) Using an industry-validated screening tool, assessments
of prior education, work history, and employment aspirations of
covered individuals, to tailor appropriate and employment
services.
(2) Preparation for civilian employment through services
like mock interviews and salary negotiations, training on
professional networking platforms, and company research.
(3) Several industry-specific learning pathways--
(A) with entry-level, mid-level and senior
versions;
(B) in fields such as project management,
cybersecurity, and information technology;
(C) in which each covered individual works with an
academic advisor to choose a career pathway and
navigate coursework during the training process; and
(D) in which each covered individual can earn
industry-recognized credentials and certifications, at
no charge to the covered individual.
(4) Job placement services.
(c) Program Organization and Implementation Model.--The pilot grant
program shall follow existing economic opportunity program models that
combine industry-recognized certification training, furnished by
professionals, with online learning staff.
(d) Consultation.--In carrying out the program, the Secretary of
Defense shall seek to consult with private entities to assess the best
economic opportunity program models, including existing economic
opportunity models furnished through public-private partnerships.
(e) Eligibility.--To be eligible to receive a grant under the pilot
grant program, an entity shall--
(1) follow a job training and placement model;
(2) have rigorous program evaluation practices;
(3) have established partnerships with entities (such as
employers, governmental agencies, and non-profit entities) to
provide services described in subsection (b);
(4) have online training capability to reach rural
veterans, reduce costs, and comply with new conditions forced
by COVID-19; and
(5) have a well-developed practice of program measurement
and evaluation that evinces program performance and efficiency,
with data that is high quality and shareable with partner
entities.
(f) Coordination With Federal Entities.--A grantee shall coordinate
with Federal entities, including--
(1) the Office of Transition and Economic Development of
the Department of Veterans Affairs; and
(2) the Office of Veteran Employment and Transition
Services of the Department of Labor.
(g) Metrics and Evaluation.--Performance outcomes shall be
verifiable using a third-party auditing method and include the
following:
(1) The number of covered individuals who receive and
complete skills training.
(2) The number of covered individuals who secure
employment.
(3) The retention rate for covered individuals described in
paragraph (2).
(4) Median salary of covered individuals described in
paragraph (2).
(h) Site Locations.--The Secretary of Defense shall select five
military installations in the United States where existing models are
successful.
(i) Assessment of Possible Expansion.--A grantee shall assess the
feasibility of expanding the current offering of virtual training and
career placement services to members of the reserve components of the
Armed Forces and covered individuals outside the United States.
(j) Duration.--The pilot grant program shall terminate on September
30, 2025.
(k) Report.--Not later than 180 days after the termination of the
pilot grant program, the Secretary of Defense shall submit to the
congressional defense committees a report that includes--
(1) a description of the pilot grant program, including a
description of specific activities carried out under this
section; and
(2) the metrics and evaluations used to assess the
effectiveness of the pilot grant program.
(l) Definitions.--In this section:
(1) The term ``covered individual'' means--
(A) a member of the Armed Forces participating in
TAP; or
(B) a spouse of a member described in subparagraph
(A).
(2) The term ``military installation'' has the meaning
given such term in section 2801 of title 10, United States
Code.
(3) The term ``TAP'' means the transition assistance
program of the Department of Defense under sections 1142 and
1144 of title 10, United States Code.
SEC. 566. 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 report 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) Study on Skillbridge.--Not later than September 30, 2023, the
Secretary shall submit to such Committees a report containing the
results of a study on how to change Skillbridge to help covered
individuals, eligible for Skillbridge, find civilian employment in
positions related to STEM.
(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 ``covered individual'' means a female--
(A) member of a covered Armed Force; or
(B) civilian employee of the Department of Defense.
(3) The term ``Skillbridge'' means an employment skills
training program under section 1143(e) of title 10, United
States Code, as amended by section 563 of this Act.
(4) The term ``STEM'' means science, technology,
engineering, and mathematics.
SEC. 567. SKILLBRIDGE: APPRENTICESHIP PROGRAMS.
(a) Study.--Not later than September 30, 2023, the Secretary of
Defense, in consultation with the Secretary of the Department in which
the Coast Guard is operating, shall conduct a study to identify the
private entities participating in Skillbridge that offer positions in
registered apprenticeship programs to covered members.
(b) Recruitment.--The Secretary shall consult with officials and
employees of the Department of Labor who have experience with
registered apprenticeship programs to facilitate the Secretary entering
into agreements with entities that offer positions described in
subsection (a) in areas where the Secretary determines few such
positions are available to covered members.
(c) Definitions.--In this section:
(1) The term ``covered member'' means a member of the Armed
Forces eligible for Skillbridge.
(2) The term ``registered apprenticeship program'' means an
apprenticeship program registered under 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.).
(3) The term ``Skillbridge'' means an employment skills
training program under section 1143(e) of title 10, United
States Code, as amended by section 563 of this Act.
SEC. 568. TRAINING ON CONSEQUENCES OF COMMITTING A CRIME IN
PRESEPARATION COUNSELING OF THE TRANSITION ASSISTANCE
PROGRAM.
(a) Establishment.--Subsection (b) of section 1142 of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(20) Training regarding the consequences to such a member
who is convicted of a crime, specifically regarding the loss of
benefits from the Federal Government to such member.''.
(b) Implementation Date.--The Secretary concerned shall carry out
paragraph (20) of such subsection, as added by subsection (a), not
later than one year after the date of the enactment of this Act.
(c) Development.--The Secretary of Defense shall develop the
training under such paragraph.
(d) Progress Briefing.--Not later than 180 days 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
regarding progress of the Secretary in preparing the training under
such paragraph.
SEC. 569. PARTICIPATION OF MEMBERS OF THE RESERVE COMPONENTS OF THE
ARMED FORCES IN THE SKILLBRIDGE PROGRAM.
Section 1143(e)(2) of title 10, United States Code, is amended to
read as follows:
``(2) A member of the armed forces is eligible for a
program under this subsection if--
``(A) the member--
``(i) has completed at least 180 days on
active duty in the armed forces; and
``(ii) is expected to be discharged or
released from active duty in the armed forces
within 180 days of the date of commencement of
participation in such a program; or
``(B) the member is a member of a reserve
component.''.
SEC. 569A. 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,
the Secretary of Defense and the Secretary of Veterans Affairs, shall
jointly 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. 569B. OUTREACH TO MEMBERS REGARDING POSSIBLE TOXIC EXPOSURE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of Veterans Affairs, shall establish--
(1) a new risk assessment for toxic exposure for members of
the Armed Forces assigned to work near burn pits; and
(2) an outreach program to inform such members regarding
such toxic exposure. Such program shall include information
regarding benefits and support programs furnished by the
Secretary (including eligibility requirements and timelines)
regarding toxic exposure.
(b) Promotion.--The Secretary shall promote the program to members
described in subsection (a) by direct mail, email, text messaging, and
social media.
(c) Publication.--Not later than one year after the date of the
enactment of this Act, the Secretary shall publish on a website of the
Department of Defense a list of resources furnished by the Secretary
for--
(1) members and veterans who experienced toxic exposure in
the course of serving as a member of the Armed Forces;
(2) dependents and caregivers of such members and veterans;
and
(3) survivors of such members and veterans who receive
death benefits under laws administered by the Secretary.
(d) Toxic Exposure Defined.--In this section, the term ``toxic
exposure'' has the meaning given such term in section 631 of the Jeff
Miller and Richard Blumenthal Veterans Health Care and Benefits
Improvement Act of 2016 (Public Law 114-315; 38 U.S.C. 1116 note).
SEC. 569C. ACTIVITIES TO ASSIST THE TRANSITION OF MEMBERS OF THE ARMED
FORCES AND VETERANS INTO CAREERS IN EDUCATION.
(a) Veterans-to-Classrooms Program.--
(1) Modification and redesignation of program.--Section
1154 of title 10, United States Code, is amended--
(A) in the section heading, by striking:
``employment as teachers: Troops-to-Teachers Program''
and inserting ``employment in schools: Veterans-to-
Classrooms Program'';
(B) in subsection (a)--
(i) by redesignating paragraphs (2) through
(8) as paragraphs (4) through (10),
respectively;
(ii) by inserting after paragraph (1) the
following new paragraphs:
``(2) Secretary.--The term `Secretary' means the Secretary
of Defense.
``(3) Covered position.--
``(A) The term `covered position' means a full-time
position in an eligible school as--
``(i) a teacher, including an elementary
school teacher, a secondary school teacher, and
a career and technical education teacher;
``(ii) a school leader;
``(iii) a school administrator;
``(iv) a nurse;
``(v) a principal;
``(vi) a counselor;
``(vii) a teaching aide;
``(viii) specialized instructional support
personnel;
``(ix) a school resource officer; or
``(x) a contractor who performs the
functions of a position described in any of
clauses (i) through (viii).'';
(iii) by amending paragraph (4), as so
redesignated, to read as follows:
``(4) Eligible school.--The term `eligible school' means--
``(A) a public elementary school, including a
public elementary charter school;
``(B) a public secondary school, including a public
secondary charter school; or
``(C) a Bureau-funded school as defined in section
1141(3) of the Education Amendments of 1978 (25 U.S.C.
2021(3)).'';
(iv) in paragraph (8), as so redesignated,
by striking ``Troops-to-Teachers'' and
inserting ``Veterans-to-Classrooms'';
(v) by striking paragraph (9), as so
redesignated, and inserting the following new
paragraph (9):
``(9) School resource officer.--The term `school resource
officer' has the meaning given that term in section 1709(4) of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10389(4)).''; and
(vi) in paragraph (10), as so redesignated,
by striking ``and `State''' and inserting
```specialized instructional support
personnel', and `State''';
(C) in subsection (b)--
(i) in the matter preceding paragraph (1),
by striking ``Secretary of Defense may carry
out a Troops-to-Teachers Program'' and
inserting ``The Secretary of Defense, in
consultation with the Secretary of Education,
may carry out a Veterans-to-Classrooms
Program'';
(ii) in paragraph (1), by striking ``become
a teacher'' and inserting ``obtain a covered
position''; and
(iii) by amending subparagraph (A) of
paragraph (2) to read as follows:
``(A) by local educational agencies or charter
schools in States with a shortage of individuals to
fill covered positions, as determined by the Secretary
of Education.'';
(D) in subsection (d)(4)(A)--
(i) in clause (i), by striking ``or career
or technical subjects'' and inserting ``career
and technical education, or subjects relating
to a covered position''; and
(ii) in clause (ii), by inserting ``in a
covered position or'' after ``seek
employment'';
(E) in subsection (e)--
(i) in paragraph (1)(A)--
(I) in clause (i), by striking
``become a teacher'' and inserting
``obtain a covered position''; and
(II) in clause (ii), by striking
``as an elementary school teacher'' and
all that follows through the period at
the end and inserting ``in a covered
position for not less than three school
years in an eligible school to begin
the school year after the member
obtains the professional credentials
required for the position involved'';
and
(ii) in paragraph (2)(E), by striking ``as
a teacher in an eligible elementary school or
secondary school or as a career or technical
teacher'' and inserting ``in a covered
position''; and
(iii) in paragraph (3)--
(I) in subparagraph (A)--
(aa) in the first sentence,
by striking ``educational
level, certification, or
licensing'' and inserting
``educational level,
certification, licensing, or
other professional
credentials''; and
(bb) in the second
sentence, by striking
``$5,000'' and inserting
``$9,000 (except as adjusted by
the Secretary in accordance
with subparagraph (D))'';
(II) in subparagraph (B)--
(aa) in clause (i), by
striking ``as an elementary
school teacher, secondary
school teacher, or career or
technical teacher'' and
inserting ``in a covered
position''; and
(bb) in clause (ii), by
striking ``may not exceed
$5,000, unless the eligible
school is a high-need school,
in which case the amount of the
bonus may not exceed $10,000''
and inserting ``may not exceed
$9,000 (except as adjusted by
the Secretary in accordance
with subparagraph (D)), unless
the eligible school is a high-
need school, in which case the
amount of the bonus may not
exceed $18,000 (except as so
adjusted)'';
(III) in subparagraph (C)--
(aa) in clause (i), by
striking ``5,000'' and
inserting ``20,000'';
(bb) in clause (ii), by
striking ``3,000'' and
inserting ``5,000''; and
(cc) in clause (iv), by
striking ``$10,000'' and
inserting ``$18,000 (except as
adjusted by the Secretary in
accordance with subparagraph
(D))''; and
(IV) by adding at the end the
following:
``(D)(i) The Secretary may adjust the dollar amounts set
forth in subparagraphs (A), (B)(ii), and (C)(iv) to reflect
changes in the Consumer Price Index over the applicable period.
``(ii) In this subparagraph, the term `applicable period'
means--
``(I) with respect to an initial adjustment under
clause (i), the period that has elapsed since the date
of the enactment of the TEAMS Act; or
``(II) with respect to any adjustment after the
initial adjustment, the period that has elapsed since
the date of the most recent adjustment under clause
(i).'';
(F) in subsection (f)(1)--
(i) in subparagraph (A)--
(I) by striking ``become a
teacher'' and inserting ``obtain a
covered position''; and
(II) by striking ``as an elementary
school teacher, secondary school
teacher, or career or technical
teacher'' and insert ``in a covered
position''; and
(ii) in subparagraph (B), by striking ``,
employment as an elementary school teacher,
secondary school teacher, or career or
technical teacher'' and inserting ``employment
in a covered position'';
(G) in subsection (h)(2)(A), by striking ``as
elementary school teachers, secondary school teachers,
and career or technical teachers'' and inserting ``in
covered positions'';
(H) by adding at the end the following new
subsections:
``(j) Partnerships.--
``(1) In general.--The Secretary may enter into one or more
partnerships with States, local educational agencies, or
covered entities--
``(A) to help sustain and expand the reach of the
Veterans-to-Classrooms Program to promote careers in
education among current and future veterans under this
section;
``(B) to provide information on the Program in
accordance with subsection (k)(2) in widely available,
user-friendly formats;
``(C) to help recruit more veterans, including
veterans who are retired law enforcement officers, and
service members who are within 6 months of
transitioning out of the military into new careers in
education;
``(D) to promote careers in education among current
and future veterans by providing veterans with
information on other employment transition programs,
including--
``(i) the Veterans' Employment & Training
Service and the National Veterans' Training
Institute of the Department of Labor;
``(ii) the transition assistance programs
established under section 1144 of this title;
``(iii) the SkillBridge and Career Skills
Programs of the Department of Defense;
``(iv) the AmeriCorps program carried out
under subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571
et seq.); and
``(v) other transitional or educational
programs; and
``(E) to promote careers in education by helping
veterans learn about educational benefits available to
them, including Post-9/11 Educational Assistance,
certification programs, and applicable on-the-job
training and apprenticeship programs, to help veterans
get into an educational career field.
``(2) Covered entity defined.--In this subsection, the term
`covered entity' means--
``(A) an entity qualifying as an exempt
organization under section 501(c)(3) of the Internal
Revenue Code of 1986; or
``(B) an veterans service organization recognized
by the Secretary of Veterans Affairs for the
representation of veterans under section 5902 of title
38.
``(k) Program Information.--
``(1) Information from secretary.--The Secretary shall make
available, on a publicly accessible website of the Department
of Defense, the information described in paragraph (3).
``(2) Information from covered entities.--Each State, local
educational agency, and covered entity that enters into a
partnership with the Secretary under paragraph (1) shall make
available, on a publicly accessible website, the information
described in paragraph (3).
``(3) Information described.--The information described in
this subparagraph is information on the Veterans-to-Classrooms
program authorized under this section, including a description
of the application process for the program and the potential
benefits of participating in the program.
``(l) Biennial Review.--Not less frequently than once every two
years, the Secretary shall submit to Congress a report on the Veterans-
to-Classrooms Program. At minimum, the report shall include a
comparison of the number of participants in the Program during the
period covered by the report relative to the number of stipends
authorized under the Program during such period.
``(m) Process to Streamline Applications.--Not later than one year
after the date of the enactment of the TEAMS Act, the Secretary shall
implement a process to simplify the submission of applications under
subsection (d)(2).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 58 of such title is amended by striking
the item relating to section 1154 and inserting the following
new item:
``1154. Assistance to eligible members and former members to obtain
employment in schools: Veterans-to-
Classrooms Program.''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on the date of the enactment of this
Act.
(4) References.--Beginning on the effective date specified
in paragraph (3), any reference in Federal law (other than this
Act), regulations, guidance, instructions, or other documents
of the Federal Government to the Troops-to-Teachers Program
shall be deemed to be a reference to the Veterans-to-Classrooms
Program.
(b) Veterans Employable as School Resource Officers.--Section
1709(4) of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10389(4)) is amended by inserting after ``a career law
enforcement officer, with sworn authority,'' the following: ``or a
veteran (as such term is defined in section 101(2) of title 38, United
States Code) who is hired by a State or local public agency as a law
enforcement officer for purposes of serving as a school resource
officer, who is''.
(c) Task Force on Education Careers for Veterans.--
(1) Task force.--Not later than 120 days after the date of
the enactment of this Act, the President shall convene a task
force to identify strategies that may be used to assist
veterans in obtaining employment in the field of education.
(2) Responsibilities.--The task force convened under
paragraph (1) shall--
(A) consult regularly with veterans service
organizations in performing the duties of the task
force; and
(B) coordinate administrative and regulatory
activities and develop proposals to--
(i) identify State licensing and
certification requirements that are excessive
and unnecessarily burdensome for veterans
seeking to transition into careers in
education;
(ii) identify potential compensation
structures for educational employment that
include salary credit for prior military and
law enforcement experience;
(iii) recommend incentives to encourage
educational employers to hire veterans;
(iv) assess the feasibility of establishing
dedicated military veteran liaison positions in
school districts;
(v) examine how funds made available for
the Veterans-to-Classrooms Program under
section 1154 of title 10, United States Code,
may be used to conduct outreach, provide
certification support, and help States
establish outreach centers for veterans; and
(vi) explore how partnerships entered by
the Secretary under subsection (j) of such
section may be used to promote careers in
education among veterans through collaboration
with relevant employment transition programs,
including the Transition Assistance Program,
the SkillBridge and Career Skills Programs of
the Department of Defense, and the AmeriCorps
program.
(3) Membership.--The task force shall consist of--
(A) the Secretary of Defense, or the designee of
the Secretary, who shall be the head of the task force;
(B) the Secretary of Education, or the designee of
the Secretary;
(C) the Attorney General, or the designee of the
Attorney General;
(D) the Secretary of Veterans Affairs, or the
designee of the Secretary;
(E) the Secretary of Labor, or the designee of the
Secretary;
(F) the Director of the Office of Management and
Budget, or the designee of the Director;
(G) four representatives from a veterans service
organization, selected by the President;
(H) a representative of the Administrative
Conference of the United States; and
(I) representatives of State and local governments
selected by the President, which may include
representatives of State boards of education and
relevant State licensing agencies.
(4) Report.--
(A) In general.--Not later than one year after the
date on which the task force is convened under
paragraph (1), the task force shall submit to Congress
a report that includes--
(i) a description of actions that may be
carried out by State and local governments to
reduce barriers that interfere with the ability
of veterans to transition into careers in
education; and
(ii) recommendations for specific
legislative and regulatory actions that may be
carried out to reduce such barriers.
(B) Public availability.--The report under
subparagraph (A) shall be made available on a publicly
accessible website of the Department of Defense.
(5) Definition.--In this subsection, the term ``veterans
service organization'' means any organization recognized by the
Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
(d) Funding.--
(1) Authorization.--Notwithstanding the amounts set forth
in the funding tables in division D, there are authorized to be
appropriated $240,000,000 to carry out the Veterans-to-
Classrooms Program under section 1154 of title 10, United
States Code (as amended by subsection (a)).
(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, Administration and Service-wide Activities, Line
500A, as specified in the corresponding funding table in
section 4301, is hereby reduced by $240,000,000.
SEC. 569D. FUNDING FOR SKILLBRIDGE.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 4301, line 440 for Office of Secretary of Defense, as specified
in the corresponding funding table in section 4301, is hereby increased
by $5,000,000 for the Skillbridge program.
(b) 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 $5,000,000.
SEC. 569E. FUNDING FOR SKILLBRIDGE FOR LAW ENFORCEMENT TRAINING.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 4301, line 440 for Office of Secretary of Defense, as specified
in the corresponding funding table in section 4301, is hereby increased
by $5,000,000. Such additional amounts shall be for the Skillbridge
program under section 1143(e) of title 10, United States Code, to
provide training to members of the Armed Forces to become law
enforcement officers.
(b) 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 $5,000,000.
SEC. 569F. NUMBERS OF CERTAIN NOMINATIONS FOR CADETS AT THE UNITED
STATES MILITARY ACADEMY.
Section 7442 of title 10, United States Code, is amended--
(1) in subsection (a), in the matter following paragraph
(10), by striking ``10'' and inserting ``15''; and
(2) in subsection (b)(5), by striking ``150'' and inserting
``200''.
SEC. 569G. PILOT TRANSITION ASSISTANCE PROGRAM FOR MILITARY SPOUSES.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a pilot
transition assistance program for covered individuals (in this section
referred to as the ``pilot program'').
(b) Services.--The Secretary of Defense shall provide to a covered
individual, who elects to participate in the pilot program, services
similar to those available under TAP to members of the Armed Forces,
including the following:
(1) Assessments of prior education, work history, and
employment aspirations of covered individuals, to tailor
appropriate employment services.
(2) Preparation for employment through services like mock
interviews and salary negotiations, training on professional
networking platforms, and company research.
(3) Job placement services.
(4) Services offering guidance on available health care
resources, mental health resources, and financial assistance
resources.
(5) Training in mental health first aid to learn how to
assist someone experiencing a mental health or substance use-
related crisis.
(c) Locations.--The Secretary shall carry out the pilot program at
12 military installations located in the United States.
(d) Duration.--The pilot program shall terminate five years after
enactment.
(e) Report.--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 and House of Representatives a report that
includes--
(1) a description of the pilot program, including a
description of specific activities carried out under this
section; and
(2) the metrics and evaluations used to assess the
effectiveness of the pilot program.
(f) Definitions.--In this section:
(1) The term ``covered individual'' means a spouse of a
member of the Armed Forces eligible for TAP.
(2) The term ``military installation'' has the meaning
given such term in section 2801 of title 10, United States
Code.
(3) The term ``TAP'' means the Transition Assistance
Program under sections 1142 and 1144 of title 10, United States
Code.
SEC. 569H. GUIDELINES FOR ACTIVE DUTY MILITARY ON POTENTIAL RISKS AND
PREVENTION OF TOXIC EXPOSURES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense and the Secretary of Veterans Affairs, in
consultation with the Secretary of Health and Human Services and the
Administrator of the Environmental Protection Agency, shall jointly
coordinate and establish guidelines to be used during training of
members of the Armed Forces serving on active duty to provide the
members awareness of the potential risks of toxic exposures and ways to
prevent being exposed during combat.
SEC. 569I. GAO REPORT ON USE OF TRANSITION PROGRAMS BY MEMBERS OF
SPECIAL OPERATIONS FORCES.
(a) Study.--The Comptroller General of the United States shall
review the use of DOD transition programs by members assigned to
special operations forces.
(b) 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 Senate and House of Representatives
a briefing on the preliminary findings of such review.
(c) Report.--The Comptroller General shall submit to the committees
identified in paragraph (b) a report containing the final results of
such review on a date agreed to at the time of the briefing. The GAO
review shall include an examination of the following:
(1) The extent to which members assigned to special
operations forces participate in DOD transition programs.
(2) What unique challenges such members face in make the
transition to civilian life and the extent to which existing
DOD transition programs address those challenges.
(3) The extent to which the Secretary directs such members
to transition resources provided by non-governmental entities.
(d) Definitions.--In this section:
(1) The term ``DOD transition programs'' means programs
(including TAP and Skillbridge) under laws administered by the
Secretary of Defense that help members of the Armed Forces make
the transition to civilian life.
(2) The term ``Skillbridge'' means an employment skills
training program under section 1143(e) 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.
(4) The term ``TAP'' means the Transition Assistance
Program under sections 1142 and 1144 of title 10, United States
Code.
SEC. 569J. GAO REPORT ON SCREENINGS INCLUDED IN THE HEALTH ASSESSMENT
FOR MEMBERS SEPARATING FROM THE ARMED FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on screenings included in the health assessment administered
to members separating from the the Armed Forces. Such report shall
include the following elements:
(1) A list of screenings are included in such assessment.
(2) Whether such screenings--
(A) are uniform across the Armed Forces;
(B) include questions to assess if the member is at
risk for social isolation, homelessness, or substance
abuse; and
(C) include questions about community.
(3) How many such screenings result in referral of a member
to--
(A) community services;
(B) community services other than medical services;
and
(C) a veterans service organization.
(4) An assessment of the effectiveness of referrals
described in paragraph (3).
(5) How organizations, including veterans service
organizations, perform outreach to members in underserved
communities.
(6) The extent to which organizations described in
paragraph (5) perform such outreach.
(7) The effectiveness of outreach described in paragraph
(6).
(8) The annual amount of Federal funding for services and
organizations described in paragraphs (3) and (5).
SEC. 569K. DEPARTMENT OF DEFENSE REPORT ON THIRD-PARTY JOB SEARCH
TECHNOLOGY.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Defense shall submit to Congress a report on potential
partnership opportunities with companies that provide third-party job
search software to assist active duty service members and veterans up
to two years post-separation from the military find employment
following their active duty service. Such report shall include the
potential use and effectiveness of any such partnerships.
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.
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).''.
SEC. 572. RIGHTS OF PARENTS OF CHILDREN ATTENDING SCHOOLS OPERATED BY
THE DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
(a) In General.--Chapter 108 of title 10, United States Code, is
amended by inserting after section 2164 the following new section:
``Sec. 2164a. Rights of parents of children attending schools operated
by the Department of Defense Education Activity
``(a) In General.--The parent of a child who attends a school
operated by the Department of Defense Education Activity has the
following rights:
``(1) The right to review the curriculum 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.
``(4) The right to review the budget, including all
revenues and expenditures, of the school.
``(5) The right to review all instructional materials and
teacher professional development materials used by the school.
``(6) The right to inspect a list of the books and other
reading materials contained in the library of the school.
``(7) The right to address the school advisory committee or
the school board.
``(8) The right to information about the school's
discipline policy and any violent activity in the school.
``(9) The right to information about any plans to eliminate
gifted and talented programs or accelerated coursework at the
school.
``(10) The right to be informed of the results of drinking
water testing at school facilities.
``(b) Disclosures and Notifications.--Consistent with the parental
rights specified in subsection (a), a school operated by the Department
of Defense Education Activity shall--
``(1) post on a publicly accessible website of the school--
``(A) the curriculum for each course and grade
level;
``(B) the academic standards or other learning
benchmarks used by the school;
``(C) notice of any proposed revisions to such
standards or benchmarks and a copy of any such
revisions;
``(D) the budget for the school year, including all
revenues and expenditures (including expenditures made
for items and services provided by private entities);
and
``(E) the results of drinking water testing at
school facilities;
``(2) provide the parents of a child attending the school
with--
``(A) the opportunity to meet in-person with each
teacher of their child not less frequently than twice
during each school year at a time mutually agreed upon
by both parties; and
``(B) notice of such opportunity at the beginning
of each school year;
``(3) make all instructional and educator professional
development materials, including teachers' manuals, films,
tapes, books or other reading materials, or other supplementary
materials used in any survey, analysis, or evaluation,
available for inspection by the parents of children attending
the school;
``(4) at the beginning of each school year, provide parents
a list of reading materials in the school library, including a
list of any reading materials that were added to or removed
from the list of materials from the prior year;
``(5) notify parents in a timely manner of any plans to
eliminate gifted and talented programs or accelerated
coursework at the school;
``(6) except as provided in paragraph (7), notify parents
of any medical examinations or screenings the school may
administer to their child and receive written consent from
parents for any such examination or screening prior to
conducting the examination or screening;
``(7) in the event of an emergency that requires a medical
examination or screening without time for parental
notification, promptly notify parents of such examination or
screening and, not later than 24 hours after the incident
occurs, provide an explanation of the emergency that prevented
notification prior to such examination or screening;
``(8) notify parents of any medical information that will
be collected on their child, receive written parental consent
prior to collecting such information, and provide parents an
opportunity to inspect such information at the parent's
request; and
``(9) notify parents of any policy changes involving their
reporting obligations under the Family Advocacy Program of the
Department of Defense.
``(c) School Advisory Committees and Boards.--Not less frequently
than twice per year, a school advisory committee or school board for a
school operated by the Department of Defense Education Activity shall
provide parents of children attending the school with the opportunity
to address the advisory committee or school board on any matters
relating to the school or the educational services provided to their
children.
``(d) 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 this
title; or
``(2) any elementary or secondary school or program for
dependents operated by the Department of Defense Education
Activity.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2164 the following new item:
``2164a. Rights of parents of children attending schools operated by
the Department of Defense Education
Activity.''.
SEC. 573. EXPANSION OF PILOT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO
MEMBERS OF THE ARMED FORCES FOR IN-HOME CHILD CARE.
Section 589(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
1791 note) is amended by striking ``five locations'' and inserting
``six locations''.
SEC. 574. EXTENSION OF PILOT PROGRAM TO EXPAND ELIGIBILITY FOR
ENROLLMENT AT DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS.
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'' and inserting ``eight
years''.
SEC. 575. ADVISORY PANEL ON COMMUNITY SUPPORT FOR MILITARY FAMILIES
WITH SPECIAL NEEDS.
Section 563(d) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 10 U.S.C. 1781c note) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Members.--The advisory panel shall consist of the
following members, appointed by the Secretary of Defense:
``(A) Nine individuals from military families with
special needs, with respect to whom the Secretary shall
ensure that--
``(i) one individual is the spouse of an
enlisted member;
``(ii) one individual is the spouse of an
officer in a grade below O-6;
``(iii) one individual is a junior enlisted
member;
``(iv) one individual is a junior officer;
``(v) individuals reside in different
geographic regions;
``(vi) one individual is a member serving
at a remote installation or is a member of the
family of such a member; and
``(vii) at least two individuals are
members serving on active duty, each with a
dependent who--
``(I) is enrolled in the
Exceptional Family Member Program; and
``(II) has an individualized
education program.
``(B) One representative of the Defense Health
Agency.
``(C) One representative of the Department of
Defense Education Activity.
``(D) One representative of the Office of Special
Needs of the Department of Defense.
``(E) One or more representatives of advocacy
groups with missions relating to the Exceptional Family
Member Program of the Department of Defense.
``(F) One or more adult dependents enrolled in the
Exceptional Family Member Program of the Department of
Defense.''; and
(2) by adding at the end the following new paragraph:
``(5) Transparency and accessibility.--The advisory panel
shall--
``(A) provide advice that is relevant, objective,
and transparent;
``(B) ensure that any meetings or other proceedings
of the advisory panel are accessible to the public; and
``(C) make available on a publicly accessible
website--
``(i) meeting announcements;
``(ii) minutes of meetings;
``(iii) the names of council
representatives; and
``(iv) regular updates on the progress of
the panel in fulfilling the duties specified in
paragraph (3).''.
SEC. 576. 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.--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, $53,000,000 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).
(b) Impact Aid for Children With Severe Disabilities.--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,
$22,000,000 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).
(c) Local Educational Agency Defined.--In this section, 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)).
SEC. 577. VERIFICATION OF REPORTING OF ELIGIBLE FEDERALLY CONNECTED
CHILDREN FOR PURPOSES OF FEDERAL IMPACT AID PROGRAMS.
(a) Certification.--On an annual basis, each commander of a
military installation under the jurisdiction of the Secretary of a
military department shall submit to such Secretary a written
certification verifying whether the commander has confirmed the
information contained in all impact aid source check forms received
from local educational agencies as of the date of such certification.
(b) Report.--Not later June 30 of each year, each Secretary of a
military department shall submit to the congressional defense
committees a report, based on the information received under subsection
(a), that identifies--
(1) each military installation under the jurisdiction of
such Secretary that has confirmed the information contained in
all impact aid source check forms received from local
educational agencies as of the date of the report; and
(2) each military installation that has not confirmed the
information contained in such forms as of such date.
SEC. 578. EFMP GRANT PROGRAM.
(a) Establishment.--The Secretary of Defense shall establish a
program to award grants to, and enter into agreements with, eligible
entities under which participating eligible entities shall provide, to
covered members assigned to PRIs, services described in subsection (b).
(b) Services.--Services described in this subsection are the
provision of--
(1) training and information that help a covered
dependent--
(A) meet developmental, functional, and academic
goals; and
(B) prepare to lead a productive and independent
adult life;
(2) training and information that help a covered member--
(A) better understand the disabilities and
educational, developmental, and transitional needs of
the covered dependent of such covered member;
(B) participate in the development of an
individualized education program for the covered
dependent;
(C) communicate effectively and work
collaboratively with individuals responsible for
providing, to covered dependents, special education,
early intervention services, transition services, and
related services; and
(D) resolve a dispute, regarding education or
services described in subparagraph (C), as
expeditiously and effectively as possible, including
encouraging the use, and explaining the benefits, of
alternative methods of dispute resolution; and
(3) if an eligible entity is not a PTI--
(A) information regarding services offered by the
local PTI (about which the eligible entity shall
consult with the local PTI not less than once each
quarter year); and
(B) referrals of covered members to the local PTI.
(c) Co-location.--To the extent practical, the Secretary shall
ensure that an eligible entity that participates in the program under
this section shall provide services described in subsection (b) at a
location on the military installation concerned where the Secretary
furnishes other services under the EFMP.
(d) Implementation.--The Secretary shall implement the program
under this section at--
(1) six PRIs (one PRI for each covered Armed Force and one
joint PRI) not later than two years after the date of the
enactment of this Act; and
(2) all PRIs not later than four years after the date of
the enactment of this Act.
(e) Plan.-- Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to the appropriate
congressional committees the plan of the Secretary to implement the
program under this section.
(f) Report.--Not later than two years after the Secretary
implements the program under this section, the Secretary shall submit
to the appropriate congressional committees a report on implementation
of the program. Such report shall include evaluations of the following:
(1) Satisfaction of covered members and covered dependents
who receive services under such program.
(2) Adherence of schools, with respect to covered
dependents described in paragraph (1), to--
(A) individualized education programs; and
(B) plans under section 504 of the Rehabilitation
Act of 1973 (Public Law 93-112; 29 U.S.C. 794).
(g) 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 ``congressional defense committees'' has the
meaning given such term in section 101 of title 10, United
States Code.
(3) The term ``covered Armed Force'' means an Armed Force
under the jurisdiction of the Secretary of a military
department.
(4) The term ``covered dependent'' means a dependent--
(A) of a member of a covered Armed Force;
(B) who is a minor; and
(C) who is enrolled in the EFMP.
(5) The term ``covered member'' means a member--
(A) of a covered Armed Force; and
(B) with a covered dependent.
(6) The term ``EFMP'' means an Exceptional Family Member
Program of the Department of Defense under section 1781c(e) of
title 10, United States Code.
(7) The term ``eligible entity'' means a private, nonprofit
entity, or an institution of higher education, that the
Secretary of Defense determines appropriate to provide services
described in subsection (b).
(8) The term ``individualized education program'' has the
meaning given such term in section 614 of the Individuals with
Disabilities Education Act (20 U.S.C. 1414).
(9) The term ``institution of higher education'' has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(10) The term ``PRI'' means a primary receiving
installation, as that term is used in section 582 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1781c
note).
(11) The term ``PTI'' means a parent training and
information center, as that term is defined in section 602 of
the Individuals with Disabilities Education Act (Public Law 91-
230; 20 U.S.C. 1401).
SEC. 579. 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
appropriate congressional committees a report summarizing activities
taken by such Secretary concerned to carry out subsection (a).
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committees on Armed Services of the Senate
and House of Representatives.
(B) The Committees on Appropriations of the Senate
and House of Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate.
(D) The Committee on Transportation and
Infrastructure of the House of Representatives.
(2) The term ``Secretary concerned'' has the meaning given
such term in section 101 of title 10, United States Code.
SEC. 579A. 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 and fully implement 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 180 days after the date of the
enactment of this Act, the Secretaries concerned shall submit to the
appropriate congressional committees and to the States a report setting
forth the recommendations developed under subsection (a).
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Health, Education, Labor, and
Pensions and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Education and Labor and the
Committee on Homeland Security of the House of
Representatives.
(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 terms ``armed forces'', ``active duty'' and
``congressional defense committees'' have the meanings given
those terms in section 101 of title 10, United States Code.
(4) 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.
(5) 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).
(6) 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.
SEC. 579B. 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.
(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. 579C. FEASIBILITY STUDY AND REPORT ON PILOT PROGRAM TO PROVIDE
POTFF SERVICES TO SEPARATING MEMBERS OF SPECIAL
OPERATIONS FORCES AND CERTAIN FAMILY MEMBERS.
(a) Report Required.--Not later than March 1, 2023, the Secretary
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the feasibility of a pilot program
to provide, to covered individuals, services under POTFF. The report
shall include the following elements:
(1) An outline of the tools, resources, and personnel the
Secretary determines necessary to carry out the pilot program.
(2) An assessment of the potential benefits, implications,
and effects of the pilot program.
(3) The POTFF services that the Secretary could provide to
covered individuals under the pilot program.
(4) An assessment of how best to carry out the separation
of covered members, including any additional resources the
Secretary determines necessary.
(5) Any legislative or administrative action that the
Secretary determines necessary to carry the such pilot program.
(6) Any other information the Secretary determines
appropriate.
(b) Definitions.--In this section:
(1) The term ``covered individual'' means--
(A) a covered member;
(B) an immediate family of a covered member; or
(C) an individual eligible for a gold star lapel
button under section 1126 of title 10, United States
Code, on the basis of the relationship of such
individual to a deceased member of special operations
forces.
(2) The term ``covered member'' means a member of the Armed
Forces--
(A) assigned to special operations forces; and
(B) who is separating from the Armed Forces.
(3) The term ``immediate family member'' has the meaning
given that term in section 1789 of title 10, United States
Code.
(4) The term ``POTFF'' means the Preservation of the Force
and Family Program of United States Special Operations Command
under section 1788a of title 10, United States Code.
(5) The term ``special operations forces'' means the forces
described in section 167(j) of title 10, United States Code.
SEC. 579D. MYSTEP: PROVISION ONLINE AND IN MULTIPLE LANGUAGES.
The Secretary concerned shall provide all services of the Military
Spouse Transition Program (commonly referred to as ``MySTeP'') online
and in English, Spanish, Tagalog, and the rest of the 10 most commonly
spoken languages in the United States.
SEC. 579E. 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) Base closure process.--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) Local educational agency.--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) Military dependent students.--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) State.--The term ``State'' means each of the 50 States
and the District of Columbia.
SEC. 579F. SURVEYS REGARDING MILITARY SPOUSES.
(a) Surveys.--The Secretary of Defense, in coordination with the
Commissioner of the Bureau of Labor Statistics, shall determine the
feasibility of--
(1) measuring labor market outcomes and characteristics of
military spouses with existing data from surveys conducted by
the Department of Defense and Bureau of Labor Statistics; and
(2) modifying such surveys to capture more information
about military spouses.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
containing--
(1) determinations under subsection (a);
(2) ways to implement modifications described in subsection
(a) that comport with the Employment Situation Report of the
Bureau of Labor Statistics.
(3) and estimated costs to implement such modifications.
SEC. 579G. REVIEW OF POLICIES REGARDING SINGLE PARENTS SERVING AS
MEMBERS OF THE ARMED FORCES.
Not later than September 30, 2023, the Secretary of Defense shall
review regulations and rules of the Department of Defense regarding
single parents serving as members of the Armed Forces.
SEC. 579H. 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. Such information shall include the
following elements, disaggregated by State, ZIP code, month, and Armed
Force:
(1) The number of children, military families, and child
care providers who benefit from each program.
(2) Whether such providers are nationally accredited or
rated by the Quality Rating and Improvement System of the
State.
(3) The amounts of subsidy paid.
SEC. 579I. FEASIBILITY OF INCLUSION OF AU PAIRS IN PILOT PROGRAM TO
PROVIDE FINANCIAL ASSISTANCE TO MEMBERS OF THE ARMED
FORCES FOR IN-HOME CHILD CARE.
(a) Sense of Congress.--It is the sense of Congress that members of
the Armed Forces who participate in the au pair exchange visitor
program should be eligible for assistance under the pilot program of
the Department of Defense to provide financial assistance to members of
the Armed Forces for in-home child care.
(b) Feasibility Assessment.--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 appropriate
congressional committees a report 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.
(c) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means:
(1) The Committees on Armed Services of the Senate and
House of Representatives.
(2) The Committee on Foreign Affairs of the House of
Representatives.
(3) The Committee on Foreign Relations of the Senate.
SEC. 579J. REPORT ON THE EFFECTS OF ECONOMIC INFLATION ON FAMILIES OF
MEMBERS OF THE ARMED FORCES.
The Secretary of Defense shall submit to the congressional defense
committees a report on the extent to which economic inflation has
affected families of members of the Armed Forces.
SEC. 579K. REPORT ON THE EFFECTS OF THE SHORTAGE OF INFANT FORMULA ON
THE FAMILIES OF MEMBERS OF THE ARMED FORCES.
The Secretary of Defense shall submit to the congressional defense
committees a report on the extent to which families of members of the
Armed Forces--
(1) have access to infant formula; and
(2) have been affected by any shortage of infant formula
available for consumer purchase from January 1, 2022, through
the date of the enactment of this Act.
SEC. 579L. BRIEFING ON CHILD CARE AT CAMP BULL SIMONS.
Not later than 90 days 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 congressional defense committees a joint briefing
regarding the provision of child care at Camp Bull Simons, Eglin Air
Force Base. The briefing shall include the following elements:
(1) Risk mitigation measures that could allow the current
proposed site to achieve certification for child care.
(2) Plans for alternative locations, including acquiring
land for a military child development center (as such term is
defined in section 1800 of title 10, United States Code) in
proximity to Camp Bull Simons.
(3) An update on public-private partnership agreements for
child care that could alleviate the deficit in available child
care at Camp Bull Simons.
(4) Current availability for child care, and related wait
times, at military child development centers on the main campus
of Eglin Air Force Base.
Subtitle I--Decorations and Awards
SEC. 581. AUTHORITY TO AWARD THE MEDAL OF HONOR TO A MEMBER OF THE
ARMED FORCES FOR ACTS OF VALOR WHILE A PRISONER OF WAR.
(a) Authority.--
(1) Army.--Section 7271(1) of title 10, United States Code,
is amended by inserting ``, including active resistance,
gallantry, or defiance while serving as a prisoner of war''
after ``United States''.
(2) Navy and marine corps.--Section 8291(1) of title 10,
United States Code, is amended by inserting ``, including
active resistance, gallantry, or defiance while serving as a
prisoner of war'' after ``United States''.
(3) Air force and space force.--Section 9271(1) of title
10, United States Code, is amended by inserting ``, including
active resistance, gallantry, or defiance while serving as a
prisoner of war'' after ``United States''.
(4) Coast guard.--Section 2732(1) of title 14, United
States Code, is amended by inserting ``, including active
resistance, gallantry, or defiance while serving as a prisoner
of war'' after ``United States''.
(b) Regulations.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
the Department in which the Coast Guard is operating shall prescribe
regulations that set forth uniform standards for awarding the Medal of
Honor to a member of the Armed Forces pursuant to an amendment made by
subsection (a). Such regulations shall apply retroactively to a member
who was a prisoner of war before the date of the prescription of such
regulations.
(c) 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 regarding the number of individuals who may be eligible for a
Medal of Honor pursuant to the amendments made by this section.
SEC. 582. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO DAVID R.
HALBRUNER FOR ACTS OF VALOR ON SEPTEMBER 11-12, 2012.
(a) 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 subsection (b).
(b) Acts of Valor Described.--The acts of valor described in this
subsection 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. AUTHORIZATION FOR POSTHUMOUS AWARD OF MEDAL OF HONOR TO
MASTER SERGEANT RODERICK W. EDMONDS FOR ACTS OF VALOR
DURING WORLD WAR II.
(a) Waiver of Time Limitations.--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 posthumously under section 7271 of such title
to Master Sergeant Roderick W. Edmonds for the acts of valor described
in subsection (c).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (b) are the actions of Master Sergeant Roderick W. Edmonds
on January 27, 1945, as a prisoner of war and member of the Army
serving in Germany in support of the Battle of the Bulge, for which he
has never been recognized by the United States Army.
SEC. 584. RESCISSION OF MEDALS OF HONOR AWARDED FOR ACTS AT WOUNDED
KNEE CREEK ON DECEMBER 29, 1890.
(a) In General.--Each Medal of Honor awarded for acts at Wounded
Knee Creek, Lakota Pine Ridge Indian Reservation, South Dakota, on
December 29, 1890, is rescinded.
(b) Medal of Honor Roll.--The Secretary concerned shall remove the
name of each individual awarded a Medal of Honor for acts described in
subsection (a) from the Army, Navy, Air Force, and Coast Guard Medal of
Honor Roll maintained under section 1134a of title 10, United States
Code.
(c) Return of Medal Not Required.--No person may be required to
return to the Federal Government a Medal of Honor rescinded under
subsection (a).
(d) No Denial of Benefits.--This Act shall not be construed to deny
any individual any benefit from the Federal Government.
SEC. 585. SENSE OF CONGRESS REGARDING SERVICE OF GARY ANDREW CYR.
(a) Findings.--Congress finds the following:
(1) On February 23, 1971, Corporal Gary Andrew Cyr was 19
years old.
(2) Corporal Cyr was assigned to the 10th Pathfinder
Detachment in May of 1970 and served as a Special Operations
Pathfinder until January 1972.
(3) In February 1971, Corporal Cyr's Pathfinder Unit was
tasked with supporting Operation Dak Soo Ri 71-1, a joint
operation with Korean infantry units.
(4) On February 23, 1971, Corporal Cyr was the Pathfinder
air traffic controller and cargo loadmaster for four flights
and twelve landing pickup zones for the Operation, including
the primary insertion point.
(5) This Operation involved the insertion of over 1,000
Korean soldiers from two divisions and 31 sling loads of cargo
transported by 35 helicopters over the course of the evening of
February 23, 1971.
(6) Corporal Cyr was responsible for coordinating incoming
helicopter flights and providing accurate on-the-ground
information to the pilots, essentially operating as a one-man
air traffic control tower inside a combat zone.
(7) Corporal Cyr's leadership and execution enabled the
mission to be completed in a minimum time period with no
damaged cargo or casualties.
(8) Corporal Cyr's actions were hailed by helicopter pilots
and officers from the inserting battalions.
(9) Corporal Cyr's actions on February 23 epitomized the
Pathfinder motto of ``First in, Last out,''.
(10) William P. Murphy, Commander of the 10th Pathfinder
Detachment, submitted a recommendation for the award of a
Bronze Star to Corporal Cyr to 10th Combat Aviation Battalion
Commander, Captain Charles E. Markham.
(11) Captain Markham approved the recommendation and
submitted it to 17th Aviation Group Commander, Lieutenant
Colonel Jack A. Walker.
(12) Lieutenant Colonel Walker approved the recommendation.
(13) The 10th Pathfinder Detachment began to stand down in
December 1971 and deactivated in January 1972, before Corporal
Cyr could be awarded the Bronze Star.
(14) Corporal Cyr's initial award was lost as a result of
the deactivation.
(b) Purpose.--That the House of Representatives--
(1) honors the heroism of Corporal Gary Andrew Cyr to
successfully insert troops and ammunition on time and on
target; and
(2) believes the United States Army, in light of new
information, should consider revisiting decorating and honoring
the courage and leadership of Corporal Gary Andrew Cyr.
SEC. 586. ELIGIBILITY OF VETERANS OF OPERATION END SWEEP FOR VIETNAM
SERVICE MEDAL.
The Secretary of the military department concerned may, upon the
application of an individual who is a veteran who participated in
Operation End Sweep, award that individual the Vietnam Service Medal.
SEC. 587. AUTHORIZATION FOR AWARD OF MEDAL OF HONOR TO E. ROYCE
WILLIAMS FOR ACTS OF VALOR DURING THE KOREAN WAR.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 8298 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 8291 of such title to E. Royce
Williams for the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor described in this
subsection are the actions of E. Royce Williams, as a lieutenant in the
Navy, on November 18, 1952, for which he was previously awarded the
Silver Star.
SEC. 588. AUTHORIZATION FOR AWARD OF MEDAL OF HONOR TO JAMES CAPERS,
JR. FOR ACTS OF VALOR AS A MEMBER OF THE MARINE CORPS
DURING THE VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in sections 8298(a) and 8300 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 is authorized to
award the Medal of Honor, under section 8291 of such title, to James
Capers, Jr. for the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor described in this
subsection are the actions of James Capers, Jr., as a member of the
Marine Corps, during the period of March 31 through April 3, 1967,
during the Vietnam War, for which he was previously awarded the Silver
Star.
SEC. 589. INCLUSION OF PURPLE HEART AWARDS ON MILITARY VALOR WEBSITE.
The Secretary of Defense shall ensure that the publicly accessible
internet website of the Department of Defense that lists individuals
who have been awarded certain military awards includes a list of each
individual who meets each of the following criteria:
(1) The individual is awarded the Purple Heart for
qualifying actions that occur after the date of the enactment
of this Act.
(2) The individual elects to be included on such list (or,
if the individual is deceased, the primary next of kin elects
the individual to be included on such list).
(3) The public release of the individual's name does not
constitute a security risk, as determined by the Secretary of
the military department concerned.
SEC. 589A. STUDY ON FRAUDULENT MISREPRESENTATION ABOUT RECEIPT OF A
MILITARY MEDAL OR DECORATION.
(a) Study.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall conduct a study to
identify any monetary or government benefits obtained through a
fraudulent misrepresentation about the receipt a military decoration or
medal as described by section 704(c)(2) or 704(d) of title 18, United
States Code.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall report
to Congress on the findings of the study conducted under subsection (b)
and policy recommendations to resolve issues identified in the study.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. ELECTRONIC NOTARIZATION FOR MEMBERS OF THE ARMED FORCES.
Section 1044a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e)(1) A person named in subsection (b) may exercise the powers
described in subsection (a) through electronic means, including under
circumstances where the individual with respect to whom such person is
performing the notarial act is not physically present in the same
location as such person.
``(2) A determination of the authenticity of a notarial act
authorized in this section shall be made without regard to whether the
notarial act was performed through electronic means.
``(3) A log or journal of a notarial act authorized in this section
shall be considered for evidentiary purposes without regard to whether
the log or journal is in electronic form.''.
SEC. 592. DISINTERMENTS FROM NATIONAL CEMETERIES.
(a) Applicability of Authority to Reconsider Decisions of Secretary
of Veterans Affairs or Secretary of the Army to Inter the Remains or
Memorialize a Person in a National Cemetery.--
(1) In general.--Section 2(c) of the Alicia Dawn Koehl
Respect for National Cemeteries Act (Public Law 113-65; 38
U.S.C. 2411 note) is amended by striking ``after the date of
the enactment of this Act'' and inserting ``after November 21,
1997''.
(2) Congressional notices.--Upon becoming aware of a
covered interment or memorialization--
(A) the Secretary of Veterans Affairs shall issue
to the Committees on Veterans' Affairs of the Senate
and House of Representatives written notice of such
covered interment or memorialization; and
(B) the Secretary of the Army, in the case of a
covered interment or memorialization in Arlington
National Cemetery, shall issue to the Committees on
Armed Services of the Senate and House of
Representatives and the Committees on Veterans' Affairs
of the Senate and House of Representatives written
notice of such covered interment or memorialization.
(3) Covered interment or memorialization defined.--In this
subsection, the term ``covered interment or memorialization''
means an interment or memorialization--
(A) in a national cemetery;
(B) between January 1, 1990 and November 21, 1997;
and
(C) that would have been subject to section 2411 of
title 38, United States Code, as amended by the Alicia
Dawn Koehl Respect for National Cemeteries Act if
subsection 2(c) of such Act were amended by striking
``after the date of the enactment of this Act'' and
inserting ``on or after January 1, 1990''.
(b) Disinterment of Remains of Andrew Chabrol From Arlington
National Cemetery.--
(1) Disinterment.--Not later than September 30, 2023, the
Secretary of the Army shall disinter the remains of Andrew
Chabrol from Arlington National Cemetery.
(2) Notification.--The Secretary of the Army may not carry
out paragraph (1) until after notifying the next of kin of
Andrew Chabrol.
(3) Disposition.--After carrying out paragraph (1), the
Secretary of the Army shall--
(A) relinquish the remains to the next of kin
described in paragraph (2); or
(B) if no such next of kin responds to notification
under paragraph (2), arrange for disposition of the
remains the Secretary of the Army determines
appropriate.
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. NOTIFICATIONS ON MANNING OF AFLOAT NAVAL FORCES.
Section 597(d)(3) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 8013 note) is amended by
inserting ``or a commissioned ship undergoing nuclear refueling or
defueling and any concurrent complex overhaul'' after ``Register''.
SEC. 595. PILOT PROGRAM ON CAR SHARING ON MILITARY INSTALLATIONS IN
ALASKA.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to carry out
a pilot program to allow car sharing on military installations in
Alaska.
(b) 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 all military
installations in Alaska.
(2) Provide to members assigned to military installations
in Alaska the resources the Secretary determines necessary to
participate in such pilot program.
(3) Promote such pilot program to such members.
(c) Implementation Plan.--Not later than 90 days after the date the
Secretary enters into an agreement under subsection (b)(1), the
Secretary shall submit to the congressional defense committees a plan
to carry out the pilot program.
(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. 596. SUPPORT FOR MEMBERS WHO PERFORM DUTIES REGARDING REMOTELY
PILOTED AIRCRAFT: STUDY; REPORT.
(a) Study.--The Secretary of Defense (in consultation with the
Secretary of Transportation and Administrator of the Federal Aviation
Administration) 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
appropriate congressional committees a report containing the results of
the study conducted under this section, including any policy
recommendations of the Secretary regarding such results.
(c) Definitions.--In this section:
(1) In this section, the term ``appropriate congressional
committees'' means the following:
(A) The Committees on Armed Services of the Senate
and House of Representatives.
(B) The Committees on Appropriations of the Senate
and House of Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate.
(D) The Committee on Transportation and
Infrastructure of the House of Representatives.
(2) The term ``covered Armed Force'' means an Armed Force
under the jurisdiction of the Secretary of a military
department.
(3) The term ``RPA crew'' means members of covered Armed
Forces who perform duties relating to remotely piloted
aircraft.
(4) The term ``traditional aircraft'' means fixed or rotary
wing aircraft operated by an onboard pilot.
SEC. 597. REVIEW OF MARKETING AND RECRUITING OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Not later that September 30, 2023, the Secretary
of Defense, in consultation with the Comptroller General of the United
States and experts determined by the Secretary, 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. 598. REPORT ON RECRUITING EFFORTS OF THE ARMY.
(a) Report Required.--Not later than 120 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 recruiting efforts of the
Army. Such report shall contain the following elements:
(1) A comparison of the number of active Army enlistments
from each region annually during fiscal years 2018 through
2022, the number of recruiters stationed in each region, and
advertising dollars spent in each region, including annual
numbers and averages.
(2) A comparison of the number of active Army enlistments
produced by each Army Recruiting Battalion during fiscal years
2018 through 2022, 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 during fiscal years 2018
through 2022.
(4) An analysis of the amount of Federal funds spent on
advertising per active duty enlistment by Army Recruiting
Battalion and region during fiscal years 2018 through 2022, and
a ranked list of those battalions from most efficient to least
efficient.
(5) A comparison of the race, religion, gender, education
levels, military occupational specialties, and waivers for
enlistment granted to enlistees by region and Army Recruiting
Battalion area of responsibility during fiscal years 2018
through 2022.
(b) Format.--The report under this section shall display data
through infographics wherever possible.
(c) Publication.--Not later than 30 days after submitting the
report under subsection (a), the Secretary of the Army shall publish,
on a publicly accessible website of the Army, the report and the data
sets (scrubbed of all personally identifiable information) used to
generate the report.
(d) Region Defined.--In this section, the term ``region'' means a
region used for the 2020 decennial census.
SEC. 599. 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, regardless of whether the pregnancy was
planned, unplanned, or the result of sexual abuse.
(5) Although 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, many such
women were not offered such opportunity.
(6) The Armed Forces did not provide 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) There are reports that the practice of the Armed Forces
to systematically separate or discharge pregnant members caused
some such members to seek an unsafe or inaccessible abortion,
which was not legal at the time, or to put their children up
for adoption, and that, in some cases, some women died by
suicide following their involuntary separation or discharge
from the Armed Forces.
(9) 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.
(10) 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.
(11) 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.
(12) Today, women comprise 17 percent of the Armed Forces,
and many are parents, including 12 percent of whom are single
parents.
(13) While military parents face many hardships, today's
Armed Forces provides 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.
(c) Expression of Remorse.--Congress hereby expresses deep remorse
for the women who patriotically served in the Armed Forces, but were
forced, by official United States policy, to endure unnecessary and
discriminatory actions, including the violation of their constitutional
right to due process of law, simply because they became pregnant or
became a parent while a member of the Armed Forces.
SEC. 599A. ARMED FORCES WORKPLACE AND GENDER RELATIONS SURVEYS.
Subsection (c) of section 481 of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Indicators of the assault (including unwanted sexual
contact) that give reason to believe that the victim was
targeted, or discriminated against, or both, for a real or
perceived status in a minority group based on race, color,
national origin, religion, sex (including gender identity,
sexual orientation, or sex characteristics), and any other
factor considered appropriate by the Secretary.''.
SEC. 599B. TASK FORCE ON HISTORICAL AND CURRENT BARRIERS TO AFRICAN
AMERICAN PARTICIPATION AND EQUAL TREATMENT IN THE ARMED
SERVICES.
(a) Establishment.--The Secretary of Defense shall establish within
the Department of Defense a task force to be known as the ``Task Force
on Historical and Current Barriers to African American Participation
and Equal Treatment in the Armed Services'' (hereafter referred to as
the ``Task Force'').
(b) Duties.--The Task Force shall advise, consult with, report to,
and make recommendations to the Secretary, as appropriate, on the
development, refinement, and implementation of policies, programs,
planning, and training which will provide redress for historical
barriers to African American participation and equal treatment in the
Armed Services.
(c) Studies and Investigations.--
(1) Investigation of historical record of slavery.--As part
of its duties, the Task Force shall identify, compile, examine,
and synthesize the relevant corpus of evidentiary documentation
regarding the military or Armed Service's involvement in the
institution of slavery. The Task Force's documentation and
examination shall include facts related to--
(A) the capture and procurement of Africans;
(B) the transport of Africans to the United States
and the colonies that became the United States for the
purpose of enslavement, including their treatment
during transport;
(C) the sale and acquisition of Africans and their
descendants as chattel property in interstate and
intrastate commerce;
(D) the treatment of African slaves and their
descendants in the colonies and the United States,
including the deprivation of their freedom,
exploitation of their labor, and destruction of their
culture, language, religion, and families; and
(E) the extensive denial of humanity, sexual abuse,
and the chatellization of persons.
(2) Study of effects of discriminatory policies in the
armed services.--As part of its duties, the Task Force shall
study and analyze the official policies or routine practices of
the Armed Services with discriminatory intent or discriminatory
effect on the formerly enslaved Africans and their descendants
in the Armed Services following the overdue recognition of such
persons as United States citizens beginning in 1868.
(3) Study of other forms of discrimination.--As part of its
duties, the Task Force shall study and analyze the other forms
of discrimination in the Armed Services against freed African
slaves and their descendants who were belatedly accorded their
rightful status as United States citizens from 1868 to the
present.
(4) Study of lingering effects of discrimination.--As part
of its duties, the Task Force shall study and analyze the
lingering negative effects of the institution of slavery and
the matters described in the preceding paragraphs on living
African Americans and their participation in the Armed
Services.
(d) Recommendations for Remedies.--
(1) Recommendations.--Based on the results of the
investigations and studies carried out under subsection (c),
the Task Force shall recommend appropriate remedies to the
Secretary.
(2) Issues addressed.--In recommending remedies under this
subsection, the Task Force shall address the following:
(A) How Federal laws and policies that continue to
disproportionately and negatively affect African
Americans as a group in the Armed Services, and those
that perpetuate the lingering effects, materially and
psycho-socially, can be eliminated.
(B) How the injuries resulting from the matters
described in subsection (c) can be reversed through
appropriate policies, programs, and projects.
(C) How, in consideration of the Task Force's
findings, to calculate any form of repair for
inequities to the descendants of enslaved Africans.
(D) The form of that repair which should be
awarded, the instrumentalities through which the repair
should be provided, and who should be eligible for the
repair of such inequities.
(e) Annual Report.--
(1) Submission.--Not later than 90 days after the end of
each year, the Task Force shall submit a report to the
Secretary on its activities, findings, and recommendations
during the preceding year.
(2) Publication.--Not later than 180 days after the date on
which the Secretary receives an annual report for a year under
paragraph (1), the Secretary shall publish a public version of
the report, and shall include such related matters as the
Secretary finds would be informative to the public during that
year.
(f) Composition; Governance.--
(1) Composition.--The Task Force shall be composed of such
number of members as the Secretary may appoint from among
individuals whom the Secretary finds are qualified to serve by
virtue of their military service, education, training, activism
or experience, particularly in the field of history, sociology,
and African American studies.
(2) Publication of list of members.--The Secretary shall
post and regularly update on a public website of the Department
of Defense the list of the members of the Task Force.
(3) Meetings.--The Task Force shall meet not less
frequently than quarterly, and may convene additional meetings
during a year as necessary. At least one of the meetings during
each year shall be open to the public.
(4) Governance.--The Secretary shall establish rules for
the structure and governance of the Task Force.
(5) Deadline.--The Secretary shall complete the appointment
of the members of the Task Force not later than 180 days after
the date of the enactment of this Act.
SEC. 599C. PLAN TO COMBAT RACIAL BIAS, DISCRIMINATION, AND HARASSMENT
AGAINST ASIAN AMERICAN SERVICE MEMBERS, CIVILIANS, AND
CONTRACTOR PERSONNEL.
(a) Sense of Congress.--It is the sense of Congress that:
(1) Asian American service members, civilians, and
contractors serve with honor and distinction in the Department
of Defense.
(2) Asian Americans continue to be underrepresented in the
Department of Defense and other national security agencies,
especially at senior leadership and general and flag officer
levels.
(3) Greater recruitment, retention, and inclusion of Asian
American personnel, particularly those with language skills and
cultural competencies, is critical to implementation of the
Administration's Interim National Security Strategic Guidance
and National Defense Strategy, both of which place greater
emphasis on strategic competition in the Indo-Pacific region.
(4) The Department of Defense has a responsibility to take
meaningful action in addressing the higher rates of racially or
ethnically rooted bias, discrimination, and harassment
experienced and reported by service members, civilians, and
contractor personnel of Asian American descent, especially
women.
(5) Protecting and upholding our values in diversity,
equity, and inclusion at home are essential to our efforts in
promoting democracy and inclusion abroad.
(b) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) submit to the congressional defense committees a report
that includes--
(A) an assessment of the extent to which Department
of Defense service members, civilians, and contractor
personnel experience anti-Asian bias, discrimination,
or harassment, including contributing factors such as
the security clearance review process;
(B) a review of Department of Defense programs,
policies, and practices that impact diversity, equity,
and inclusion goals, especially with respect to such
service members, civilians, and contractor personnel
who are Asian Americans; and
(C) recommendations, developed in consultation with
Asian American organizations, to address unconscious
bias, discrimination, and harassment targeted at Asian
Americans and to improve recruitment and retention of
Asian American service members, civilians, and
contractor personnel, including accountability measures
and improvements to services to inform and support
personnel with resolving discrimination complaints
through administrative or judicial processes; and
(2) make the report required under paragraph (1) publicly
available on the website of the Department of Defense.
(c) Implementation and Update.--Not later than 2 years after the
date of the enactment of this Act, the Secretary of Defense shall--
(1) implement the recommendations described in subsection
(b)(1)(C); and
(2) provide to the congressional defense committees an
update on the implementation of such recommendations.
SEC. 599D. RECURRING REPORT REGARDING COVID-19 MANDATE.
Not later than 60 days after the date of the enactment of this Act
and every 60 days thereafter until the Secretary of Defense lifts the
requirement that a member of the Armed Forces shall receive a
vaccination against COVID-19, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report, without any personally identifiable information, containing
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.
SEC. 599E. PILOT PROGRAM ON SAFE STORAGE OF PERSONALLY OWNED FIREARMS.
(a) Establishment.--The Secretary of Defense shall establish a
voluntary 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
described in subsection (c) secure gun storage or safety devices for
the purpose of securing personally owned firearms when not in use
(including by directly providing, subsidizing, or otherwise making
available such devices).
(c) Voluntary Participants.--A member of the Armed Forces described
in this subsection is a member of the Armed Forces who elects to
participate in the pilot program under subsection (a) and is stationed
at a military installation selected under subsection (e).
(d) Plan.--Not later than one year after the date of enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense committees 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) Duration.--The duration of the pilot program under subsection
(a) shall be for a period of six years.
(g) Report.--Upon the termination 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 secure gun storage or safety
devices furnished to members of the Armed Forces under such
pilot program.
(2) The cost of such pilot program.
(3) An analysis of the effect of such pilot program on
suicide prevention.
(4) Such other information as the Secretary may determine
appropriate, except that such information may not include the
personally identifiable information of a participant in such
pilot program.
(h) Secure Gun Storage or Safety Device Defined.--In this
subsection, the term ``secure gun storage or safety device'' means--
(1) a device that, when installed on a firearm, is designed
to prevent the firearm from being operated without first
deactivating the device;
(2) a device incorporated into the design of the firearm
that is designed to prevent the operation of the firearm by any
individual without access to the device; or
(3) a safe, gun safe, gun case, lock box, or other device
that may be used to store a firearm and is designed to be
unlocked only by a key, combination, or other similar means.
SEC. 599F. REPORT ON NON-CITIZEN MEMBERS OF THE ARMED FORCES.
Section 147(b) of title 10, United States Code, is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following new
paragraph:
``(9) shall submit to the congressional defense committees
an annual report on--
``(A) the number of members of the Armed Forces who
are not citizens of the United States during the year
covered by such report;
``(B) the immigration status of such members; and
``(C) the number of such members naturalized;
and''.
SEC. 599G. REPORT ON INSTANCES OF ANTISEMITISM.
The Secretaries concerned shall submit to the congressional defense
committees a report that identifies, with respect to the equal
opportunity programs under the jurisdiction of each Secretary
concerned--
(1) all administrative investigations into allegations of
antisemitism; and
(2) all substantiated instances of antisemitism.
SEC. 599H. ANNUAL REPORT REGARDING COST OF LIVING FOR MEMBERS AND
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
Section 136 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) The Under Secretary of Defense for Personnel and Readiness
shall submit annually to the Committees on Armed Services of the Senate
and House of Representatives a report containing an analysis of the
costs of living, nationwide, for
``(1) members of the Armed Forces on active duty; and
``(2) employees of the Department of Defense.''.
SEC. 599I. REVIEW OF RECRUITING EFFORTS FOR WOMEN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall evaluate the
effectiveness and scale of existing outreach programs, with the
objective of creating new programs or adjusting the existing programs
to increase the recruitment of women, including young women, for
service in the Armed Forces.
(b) Report.--Not later than 365 days after the date of the
enactment of this Act, the Department shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
that includes--
(1) evaluations of existing marketing and recruitment
efforts to increase recruitment of women in the Armed Forces;
and
(2) recommendations on new initiatives, programs, or
practices to increase the recruitment of women in the Armed
Forces.
SEC. 599J. REPORT ON SUPPORT FOR PREGNANT MEMBERS.
The Secretary of Defense shall report to the Committees on Armed
Services of the Senate and House of Representatives a summary of past,
current, and future efforts to support pregnant members of the Armed
Forces, including--
(1) the number of pregnant members who served at least one
day of active duty in a calendar year;
(2) recommendations to improve efforts to support pregnant
members.
SEC. 599K. CLARIFICATION OF AUTHORITY TO SOLICIT GIFTS IN SUPPORT OF
THE MISSION OF THE DEFENSE POW/MIA ACCOUNTING AGENCY TO
ACCOUNT FOR MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES LISTED AS MISSING.
Section 1501a of title 10, United States Code, is amended--
(1) in subsection (e)(1), by inserting ``solicit,'' after
``the Secretary may''; and
(2) in subsection (f)(2)--
(A) by inserting ``solicitation or'' after
``provide that''; and
(B) by striking ``acceptance or use'' and inserting
``solicitation, acceptance, or use''.
SEC. 599L. 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 congressional defense committees 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. 599M. REPORT ON PROGRAMS THROUGH WHICH MEMBERS OF THE ARMED FORCES
MAY FILE ANONYMOUS CONCERNS.
(a) Review Required.--The Inspector General of the Department of
Defense shall conduct a review that shall include an assessment of the
extent to which the Secretary of Defense and each Secretary of a
military department have--
(1) issued policy and guidance concerning the
establishment, promotion, and management of an anonymous
concerns program;
(2) established safeguards in such policy and guidance to
ensure the anonymity of concerns or complaints filed through an
anonymous concerns program; and
(3) used an anonymous concerns program--
(A) for purposes that include services on a
military installation; and
(B) in settings that include--
(i) naval vessels;
(ii) military installations outside the
continental United States; and
(iii) remote locations.
(b) 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 congressional defense committees a report
that includes the findings of the review conducted under subsection
(a).
(c) Anonymous Concerns Program Defined.--In this section, the term
``anonymous concerns program''--
(1) means a program that enables a member of the Armed
Force to anonymously submit a complaint or concern related to
topics that include--
(A) morale;
(B) quality of life;
(C) safety; or
(D) the availability of Department of Defense
programs or services to support members of the Armed
Forces; and
(2) does not include an anonymous reporting mechanism
related to sexual harassment, sexual assault, anti-harassment
complaints, or military equal opportunity complaints.
SEC. 599N. SENSE OF CONGRESS REGARDING ULYSSES S. GRANT.
It is the Sense of Congress that--
(1) the efforts and leadership of Ulysses S. Grant in
defending the United States deserve honor;
(2) the military victories achieved under the command of
Ulysses S. Grant were integral to the preservation of the
United States; and
(3) Ulysses S. Grant is among the most influential military
commanders in the history of the United States.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Basic Pay and Allowances
SEC. 601. EXCLUSION OF BAH FROM GROSS HOUSEHOLD INCOME FOR PURPOSES OF
BASIC NEEDS ALLOWANCE.
Section 402b(k)(1) of title 37, United States Code, is amended by
striking subparagraph (B) and inserting the following:
``(B) the basic allowance for housing under section
403 of this title paid to such member.''.
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR A MEMBER WITHOUT DEPENDENTS
WHOSE RELOCATION WOULD FINANCIALLY DISADVANTAGE SUCH
MEMBER.
Section 403(o) of title 37, United States Code, is amended--
(1) by inserting ``(1)'' before ``In the case of a member
who is assigned''; and
(2) by adding at the end the following new paragraph:
``(2) 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, the Secretary concerned may, 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, treat such member, for the
purposes of this section, as if the unit to which the member is
assigned did not undergo such a change.''.
SEC. 603. 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 602, is further amended by--
(1) redesignating subsections (m) through (p) as
subsections (n) through (q);
(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 and 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 at
the time of the death of such sole dependent 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--
``(i) is not occupying a housing facility under the
jurisdiction of the Secretary concerned on the date of
the death of the sole dependent; or
``(ii) is occupying such housing on a rental basis
on such date.
``(2) The continuation of the rate of an allowance under this
subsection shall terminate 365 days after the date of the death of the
sole dependent.''.
(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. 604. ALLOWANCE FOR GYM MEMBERSHIP FOR CERTAIN MEMBERS OF THE ARMED
FORCES WHO RESIDE MORE THAN 10 MILES FROM A MILITARY
INSTALLATION.
(a) Establishment.--Chapter 7 of title 37, United States Code, is
amended by inserting after section 425 the following new section:
``Sec. 426. Allowance for gym membership for certain members of the
armed forces who reside more than 10 miles from a
military installation
``(a) Allowance Authorized.--The Secretary of the military
department concerned may pay, to a covered member, a monthly allowance
for a gym membership.
``(b) Amount.--A monthly allowance to a covered member under this
section shall be in an amount determined by the Secretary of Defense
based on the average cost of a gym membership in the military housing
area in which the covered member resides.
``(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 `covered member' means a member of a covered
armed force--
``(A) who resides more than 10 miles from a
military installation; and
``(B) who furnishes to the Secretary of the
military department concerned receipts or other
evidence such member has a gym membership.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
425 the following:
``426. Allowance for gym membership for certain members of the armed
forces who reside more than 10 miles from a
military installation.''.
SEC. 605. 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. 606. REIMBURSEMENT OF CERTAIN CHILD CARE COSTS INCIDENT TO A
PERMANENT CHANGE OF STATION OR ASSIGNMENT.
(a) Designated Child Care Provider: Definition; Inclusion as
Authorized Traveler.--Section 451(a) of title 37, United States Code,
is amended--
(1) in paragraph (2)(C), by inserting ``, or as a
designated child care provider if child care is not available
to a member of the armed forces at a military child development
center (as that term is defined in section 1800 of title 10) at
the permanent duty location of such member not later than 30
days after the member arrives at such location'' before the
period; and
(2) by adding at the end the following new paragraph:
``(4) 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.''.
(b) Authorization of Reimbursement.--Section 453 of title 37,
United States Code, is amended by adding at the end the following new
subsection:
``(h) Reimbursement of Certain Child Care Costs Incident to a
Member's Permanent Change of Station or Assignment.--(1) From amounts
otherwise made available for a fiscal year to provide travel and
transportation allowances under this chapter, the Secretary concerned
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 this section as part
of the reassignment;
``(C) child care is not available at a military child
development center (as that term is defined in section 1800 of
title 10) 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) 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) A member may not apply for reimbursement under this
subsection later than one year after a reassignment described in
paragraph (1).
``(4) In the event a household contains two or more members
eligible for reimbursement under this subsection, reimbursement may be
paid to one member among such members as such members shall jointly
elect.''.
SEC. 607. ALLOWABLE TRAVEL AND TRANSPORTATION ALLOWANCES: COMPLEX
OVERHAUL.
Section 452(b) of title 37, United States Code, is amended--
(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. 608. EXPANSION OF AUTHORITY TO REIMBURSE A MEMBER OF THE UNIFORMED
SERVICES FOR SPOUSAL BUSINESS COSTS ARISING FROM A
PERMANENT CHANGE OF STATION.
Subsection (g) of section 453 of title 37, United States Code, as
amended by section 606, is further amended--
(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 $2,000 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.''.
SEC. 609. PERMANENT AUTHORITY TO REIMBURSE MEMBERS FOR SPOUSE
RELICENSING COSTS PURSUANT TO A PERMANENT CHANGE OF
STATION.
Subsection (g) of section 453 of title 37, United States Code, as
amended by sections 606 and 608, is further amended by striking
paragraph (3) and redesignating paragraph (4) as paragraph (3).
SEC. 609A. 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
606, 608, and 609, 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. 609B. ESTABLISHMENT OF ALLOWANCE FOR CERTAIN RELOCATIONS OF PETS
OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Establishment.--Section 453 of title 37, United States Code, as
amended by sections 606, 608, 609, and 609A, is further amended by
adding at the end the following new subsection:
``(j) Pet Relocation Arising From a Permanent Change of Duty
Station to or From a Location Outside the Continental United States.--
(1) The Secretary concerned shall reimburse a member for costs--
``(A) to move a pet of the member; and
``(B) arising from a permanent change of duty station of
such member to or from a location outside the continental
United States.
``(2) Reimbursement provided to a member under this subsection may
not exceed $2,000 in connection with each permanent change of duty
station described in paragraph (1).
``(3) In this subsection, the term `pet' has the meaning given such
term in section 2266 of title 18.''.
(b) Effective Date.--The amendment made by this section takes
effect on the day that is 180 days after the date of the enactment of
this Act and applies to the relocation of a member of the uniformed
services on or after such day.
SEC. 609C. 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. 609D. 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 not reduce the cost-of-living allowance for a
member of the Armed Forces assigned to a duty station located
outside the United States except 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 to Certain Congressional Committees.--The Secretary of
Defense shall notify the appropriate congressional committees 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 brief the Committees on Armed Services of the Senate and
House of Representatives regarding effects of this section on the
allowance described in subsection (a).
(d) 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 Committees on Armed Services of the House of
Representatives.
(3) The Committee on Commerce, Science, and Transportation
of the Senate.
(4) The Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 609E. PAY FOR DOD AND COAST GUARD CHILD CARE PROVIDERS: STUDIES;
ADJUSTMENT.
(a) DOD Child Care Employee Compensation Review.--
(1) Review 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 of public elementary schools in
such geographic area; and
(B) estimating the difference in average pay and
the difference in average benefits between such child
care employees and such employees of public elementary
schools.
(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 congressional defense
committees and the Coast Guard committees 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
congressional defense committees and the Coast Guard
committees a report summarizing the results of such
studies.
(b) Coast Guard Child Development Center Employee Compensation
Review.--
(1) Review required.--The Secretary of Homeland Security
shall, for each geographic area in which the Secretary operates
a Coast Guard child development center, conduct a study--
(A) comparing the total compensation (including all
pay and benefits) of child development center employees
of each Coast Guard child development center in such
geographic area, to the total compensation of similarly
credentialed employees of public elementary schools in
such geographic area; and
(B) estimating the difference in average pay and
the difference in average benefits between such child
development center employees and such employees of
public elementary schools.
(2) Schedule.--The Secretary of Homeland Security shall
complete the studies required under paragraph (1)--
(A) for the geographic areas containing the Coast
Guard installations with the 10 longest wait lists for
child development services at Coast Guard 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
Homeland Security shall submit to the Coast Guard
committees and the congressional defense committees a
report summarizing the results of the respective
studies required under paragraph (1) that the Secretary
has completed as of the date of the submission of such
report.
(B) Final report.--Not later than 120 days after
the completion of all respective studies required under
paragraph (1), the Secretary of Homeland Security shall
submit to the Coast Guard committees and the
congressional defense committees a report summarizing
the results of such studies.
(c) Compensation Adjustment.--
(1) In general.--
(A) Department of defense.--Not later than 90 days
after the date on which the Secretary of Defense
completes the study for a geographic area under
subsection (a), the Secretary of each military
department that operates a military child development
center in such geographic area shall ensure that the
dollar value of the total compensation, including the
pay and benefits, of child care employees is not less
than the average dollar value of the total compensation
of similarly credentialed employees of public
elementary schools in such geographic area.
(B) Coast guard.--Not later than 90 days after the
date on which the Secretary of Homeland Security
completes the study for a geographic area under
subsection (b), the Commandant of the Coast Guard shall
ensure that the dollar value of the total compensation,
including the pay and benefits, of child development
center employees in such geographic area is not less
than the average dollar value of the total compensation
of similarly credentialed employees of public
elementary schools in such geographic area.
(2) Adjustment limit.--No child care employee or child
development center employee may have his or her pay or benefits
decreased pursuant to paragraph (1).
(3) Reports.--
(A) Department of defense.--Not later than one year
after the date of the enactment of this Act, and
annually thereafter for five years, each Secretary of a
military department shall submit to the congressional
defense committees and the Coast Guard committees a
report detailing the effects of changes in the total
compensation under this subsection, including the
effects on the hiring and retention of child care
employees and on the number of children for which
military child development centers provide child care
services.
(B) Coast guard.--Not later than one year after the
date of the enactment of this Act, and annually
thereafter for five years, the Commandant of the Coast
Guard shall submit to the Coast Guard committees and
the congressional defense committees a report detailing
the effects of changes in the total compensation under
this subsection, including the effects on the hiring
and retention of child development center employees and
on the number of children for which Coast Guard child
development centers provide child development services.
(d) 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 or Secretary of Homeland Security, as
applicable.
(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 terms ``child development center employee'' and
``Coast Guard child development center'' have the meanings
given such terms in section 2921 of title 14, United States
Code.
(4) The term ``Coast Guard committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(C) the Committees on Appropriations of the Senate
and the House of Representatives.
(5) The term ``congressional defense committees'' has the
meaning given such term in section 101 of title 10, United
States Code.
(6) The term ``elementary school'' means a day or
residential school which provides elementary education, as
determined under State law.
(7) 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.
Subtitle B--Bonus and Incentive Pays
SEC. 611. 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. 612. 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 ``$75,000''.
(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. 613. SPECIAL PAY AND ALLOWANCES FOR MEMBERS OF THE ARMED FORCES
ASSIGNED TO COLD WEATHER OPERATIONS.
(a) Special Pay.--
(1) Establishment.--Subchapter II of chapter 5 of title 37,
United States Code, is amended by inserting after section 336
the following new section:
``Sec. 337. Special pay: members of the armed forces assigned to cold
weather operations
``(a) Special Pay Authorized.--The Secretary concerned shall pay
monthly special pay (to be known as `arctic pay') to a member of the
armed forces--
``(1) assigned to perform cold weather operations; or
``(2) required to maintain proficiency through frequent
operations in cold weather.
``(b) Amount of Pay.--Special pay under this section shall equal
$300 per month.
``(c) Relationship to Other Pay or Allowances.--Special pay under
this section is in addition to any other pay or allowance to which a
member is entitled.
``(d) Sunset.--No special pay may be paid under this section after
December 31, 2023.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 336 the following:
``337. Special pay: members of the armed forces assigned to permanent
duty stations in Alaska.''.
(3) Regulations.--The Secretary of Defense shall prescribe
regulations for the payment of arctic pay under section 337 of
such title, as added by subsection (a).
(b) Pilot Allowance for Broadband.--
(1) Establishment.--Chapter 7 of title 37, United States
Code, is amended by inserting after section 425 the following
new section:
``Sec. 426. Allowance for broadband for members of the armed forces
assigned to permanent duty stations in Alaska
``(a) Allowance Authorized.--The Secretary concerned shall pay, to
a member of the armed forces assigned to a permanent duty station in
Alaska, a monthly allowance for broadband.
``(b) Amount.--The monthly allowance to a member under this section
shall be--
``(1) $125 during calendar year 2023; and
``(2) in subsequent calendar years, an amount determined by
the Secretary of Defense based on the difference between the
average costs of unlimited broadband plans in Alaska and in the
continental United States.
``(c) Sunset.--No allowance may be paid under this section after
December 31, 2028.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 425 the following:
``426. Allowance for broadband for members of the armed forces assigned
to permanent duty stations in Alaska.''.
(3) Effective date.--Section 426 of such title, as added by
this subsection, shall take effect on the day the Secretary of
Defense prescribes regulations under paragraph (4).
(4) Regulations.--Not later than six months after the date
of the enactment of this Act, the Secretary of Defense shall
prescribe regulations to carry out section 426 of such title,
as added by this subsection.
(5) Report.--Not later than December 31, 2027, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
containing--
(A) the evaluation of the Secretary of the
allowance under section 426 of such title, as added by
this subsection; and
(B) any recommendation of the Secretary regarding
whether such allowance should be amended, extended, or
made permanent.
(c) Travel and Transportation Allowance.--
(1) Entitlement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations and guidance that entitle a member of the
Armed Forces, assigned to a permanent duty station in Alaska,
to a one-time allowance for air travel for the member and
dependents of such member.
(2) Amounts.--If the air travel is to the permanent
residence of the member, the amount of the allowance shall
equal the total costs of such air travel. If such air travel is
to another destination within the United States, amount of the
allowance shall be equal to the lesser of the following:
(A) The rate for such air travel under the City
Pair Program of the General Services Administration (or
successor program) in effect at the time of such air
travel.
(B) The actual costs of such air travel.
(3) Timing.--Air travel reimbursed under such regulation
may not commence later than 30 months after the member is
assigned to a permanent duty station in Alaska.
(4) Additional authorization.--The Secretary concerned may
authorize an additional allowance for a member who has used the
allowance to which such member is entitled under this
subsection.
SEC. 614. AUTHORIZATION OF INCENTIVE PAY TO A MEMBER OF THE ARMED
FORCES WHOSE DISCLOSURE OF FRAUD, WASTE, OR MISMANAGEMENT
RESULTS IN COST SAVINGS TO THE MILITARY DEPARTMENT
CONCERNED.
(a) Authority.--Subchapter II of chapter 5 of title 37, United
States Code, is amended by adding at the end the following new section:
``Sec. 358. Incentive pay for cost savings disclosures
``(a) Authority.--The Secretary concerned may pay an incentive pay
to a member of the Armed Forces whose disclosure of fraud, waste, or
mismanagement to a covered official, results in cost savings for the
military department concerned. The amount of an award under this
section may not exceed the lesser of--
``(1) $10,000; or
``(2) an amount equal to 1 percent of the cost savings that
the covered official determines to be the total savings
attributable to such disclosure.
``(b) Calculation.--For purposes of subsection (a)(2), the covered
official may take into account cost savings projected for subsequent
fiscal years that will be attributable to such disclosure.
``(c) Covered Official Defined.--In this section, the term `covered
official' includes the following:
``(1) The Secretary concerned.
``(2) The Inspector General concerned.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
357 the following:
``358. Incentive pay for cost savings disclosures.''.
SEC. 615. INFLATION BONUS PAY.
(a) Bonus Pay.--Beginning on January 1, 2023, the Secretary
concerned shall pay a bonus to each eligible member under the
jurisdiction of such Secretary concerned.
(b) Payment.--Bonus pay under this section shall be paid to an
eligible member on a monthly basis.
(c) Amount of Pay.--Each bonus payment under this section shall be
in an amount determined by the Secretary concerned, based on prevailing
economic conditions that adversely affect members, but in no case shall
be less than 2.4 percent of the rate--
(1) in effect on January 1, 2023; and
(2) of, for an eligible member--
(A) pay under section 204 of title 37, United
States Code; or
(B) compensation under section 206 of title 37,
United States Code.
(d) Relationship to Other Pay and Allowances.--Bonus pay paid to an
eligible member under this section is in addition to any other pay and
allowances to which the eligible member is entitled.
(e) Termination.--No bonus may be paid under this section after
December 31, 2023.
(f) Eligible Member Defined.--In this section, the term ``eligible
member'' means a member of the uniformed services--
(1) who is entitled to pay or compensation described in
subsection (c)(2); and
(2) whose basic pay for 2023 is less than $45,000.
SEC. 616. ESTABLISHING COMPLEX OVERHAUL PAY.
(a) Establishment.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations under section 352 of title 37, United States Code, for the
payment of special monthly pay (to be known as ``complex overhaul
pay'') to a member of the Armed Forces assigned to a naval vessel
undergoing nuclear refueling or defueling and any concurrent complex
overhaul.
(b) Amount of Pay.--Complex overhaul pay shall equal $200 per
month.
(c) Relationship to Other Pay or Allowances.--Complex overhaul pay
is in addition to any other pay or allowance to which a member is
entitled.
SEC. 617. 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).
(4) Variations; limitations.--The Secretary may vary or
limit the total number of available contracts and the
combination of incentives within such contracts to target
certain Air Force specialty codes, ensure required assignments
locations are filled, and readiness is not negatively affected.
The Secretary shall determine the criteria for such variations
or limitations and include such criteria in the annual briefing
under subsection (e).
(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 C--Family and Survivor Benefits
SEC. 621. EXPANDED ELIGIBILITY FOR BEREAVEMENT LEAVE FOR MEMBERS OF THE
ARMED FORCES.
(a) Expansion.--Section 701(m) of title 10, United States Code, is
amended in paragraph (3) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) a spouse;
``(B) a son or daughter; or
``(C) a parent.
``(4) In this section, the term `son or daughter' means--
``(A) a biological, adopted, step, or foster son or
daughter of the individual;
``(B) a person who is a legal ward of the member, or was a
legal ward of the individual when the person was a minor or
otherwise required a legal guardian; or
``(C) a person for whom the member stands in loco parentis
or stood in loco parentis when the person was a minor or
otherwise required the individual to stand in loco parentis.
``(5) In this section, the term `parent' means--
``(A) a biological, adoptive, step, or foster parent of the
individual, or a person who was a foster parent of the
individual when the individual was a minor;
``(B) a legal guardian of the individual, or person who was
a legal guardian of the individual when the individual was a
minor or otherwise required a legal guardian; or
``(C) a person who stands in loco parentis to the member or
stood in loco parentis when the individual was a minor or
otherwise required a person to stand in loco parentis.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the latter of July 3, 2022, and the date of the
enactment of this Act.
SEC. 622. 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 shall 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. 623. EXPANSION OF AUTHORIZED ASSISTANCE FOR PROVIDERS OF CHILD
CARE SERVICES TO MEMBERS OF THE ARMED FORCES.
(a) Expansion.--Section 1798 of title 10, United States Code, is
amended--
(1) by striking ``financial assistance'' each place it
appears and inserting ``covered assistance''; and
(2) by adding at the end the following new subsection:
``(d) Covered Assistance Defined.--In this section, the term
`covered assistance' includes--
``(1) financial assistance; and
``(2) free or reduced-cost child care services furnished by
the Secretary.''.
(b) Techncial and Conforming Amendments.--
(1) Section heading.--The heading of such section is
amended by striking ``financial''.
(2) Table of sections.--The table of sections at the
beginning of subchapter II of chapter 88 of such title is
amended by striking the item relating to section 1798 and
inserting the following:
``1798. Child care services and youth program services for dependents:
assistance for providers.''.
SEC. 624. SURVIVOR BENEFIT PLAN OPEN ENROLLMENT PERIOD.
(a) 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 enrollment period specified in subsection
(d).
(2) Eligible retired or former member.--For purposes of
subparagraph (A), an eligible retired or former member is a
member or former member of the uniformed services who, on the
day before the first day of the open enrollment period,
discontinued participation in the Survivor Benefit Plan under
section 1452(g) of title 10, United States Code, and--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
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 subparagraph (A) by reason of eligibility under
subparagraph (B)(i) 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 subparagraph (A) by reason of
eligibility under subparagraph (B)(ii) shall be treated
for all purposes as providing a reserve-component
annuity under the Survivor Benefit Plan.
(b) Manner of Making Elections.--
(1) In general.--An election under this subsection must be
made in writing, signed by the person making the election, and
received by the Secretary concerned before the end of the open
enrollment period. Except as provided in subparagraph (B), any
such election 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. A person making an election under paragraph (1)
to provide a reserve-component annuity shall make a designation
described in section 1448(e) of title 10, United States Code.
(2) Election must be voluntary.--An election under this
subsection is not effective unless the person making the
election declares the election to be voluntary. An election to
participate in the Survivor Benefit Plan under this subsection
may not be required by any court. An election to participate or
not to participate in the Survivor Benefit Plan is not subject
to the concurrence of a spouse or former spouse of the person.
(c) Effective Date for Elections.--Any such election shall be
effective as of the first day of the first calendar month following the
month in which the election is received by the Secretary concerned.
(d) Open Enrollment Period Defined.--The open enrollment period is
the period beginning on the date of the enactment of this Act and
ending on January 1, 2024.
(e) 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
this subsection in the same manner as if the election were made under
the Survivor Benefit Plan.
(f) Premiums for Open Enrollment Election.--
(1) Premiums to be charged.--The Secretary of Defense shall
prescribe in regulations premiums which a person electing under
this subsection shall be required to pay for participating in
the Survivor Benefit Plan pursuant to the election. The total
amount of the premiums to be paid by a person under the
regulations shall be equal to the sum of--
(A) the total amount by which the retired pay of
the person would have been reduced before the effective
date of the election 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 member to participate
under chapter 73 of title 10, United States Code;
(B) interest on the amounts by which the retired
pay of the person would have been so reduced, computed
from the dates on which the retired pay would have been
so reduced at such rate or rates and according to such
methodology as the Secretary of Defense determines
reasonable; and
(C) 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.
(2) Premiums to be credited to retirement fund.--Premiums
paid under the regulations shall be credited to the Department
of Defense Military Retirement Fund.
(g) Definitions.--In this subsection:
(1) The term ``Survivor Benefit Plan'' means the program
established under subchapter II of chapter 73 of title 10,
United States Code.
(2) The term ``retired pay'' includes retainer pay paid
under section 8330 of title 10, United States Code.
(3) The terms ``uniformed services'' and ``Secretary
concerned'' have the meanings given those terms in section 101
of title 37, United States Code.
(4) The term ``Department of Defense Military Retirement
Fund'' means the Department of Defense Military Retirement Fund
established under section 1461(a) of title 10, United States
Code.
SEC. 625. STUDY AND REPORT ON MILITARY INSTALLATIONS WITH LIMITED CHILD
CARE.
(a) Study.--
(1) In general.--The Secretary of Defense shall conduct a
study regarding child care at military installations of the
covered Armed Forces--
(A) that are not served by a military child
development center; or
(B) where the military child development center has
few available spots.
(2) Elements.--The study shall identify the following with
regards to each military installation described in paragraph
(1):
(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.
(E) The unique needs or challenges facing the
population of such military installation that may
require additional tailored resources, including--
(i) the needs of non-English speaking
members of that population; and
(ii) the needs of English as a second
language members of that population.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report containing the results of the study
conducted under this section, including any policy recommendations of
the Secretary to address the rising cost of child care near military
installations and 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. 626. HUNGER 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, acting through the Deputy Assistant Secretary for Military
Community and Family Policy, 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 from the survey on the use, by such
members and dependents, of Federal nutrition 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 under section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), 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); and
(4) 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; and
(B) receive such basic needs allowance;
(5) 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); and
(6) coordinate Department of Defense efforts 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, 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 D--Defense Resale Matters
SEC. 631. PROHIBITION ON SALE OF CHINESE GOODS IN COMMISSARY STORES AND
MILITARY EXCHANGES.
The Secretary of Defense shall prohibit the sale, at a commissary
store or military exchange, of goods--
(1) manufactured in China;
(2) assembled in China;
(3) imported into the United States from China; or
(4) containing materials from the Xinjiang Uyghur
Autonomous Region of the People's Republic of China.
Subtitle E--Miscellaneous Rights, Benefits, and Reports
SEC. 641. TRANSITIONAL COMPENSATION AND BENEFITS FOR THE FORMER SPOUSE
OF A MEMBER OF THE ARMED FORCES WHO ALLEGEDLY COMMITTED A
DEPENDENT-ABUSE OFFENSE DURING MARRIAGE.
(a) In General.--Section 1059 of title 10, United States Code, is
amended--
(1) in the heading--
(A) by striking ``separated for'' and inserting
``who commit''; and
(B) by inserting ``; health care'' after ``exchange
benefits'';
(2) in subsection (b)--
(A) in the heading, by striking ``Punitive and
Other Adverse Actions Covered'' and inserting ``Covered
Members'';
(B) in paragraph (2), by striking ``offense.'' and
inserting ``offense; or''; and
(C) by adding at the end the following new
paragraph:
``(3) who is not described in paragraph (1) or (2) and
whose former spouse alleges that the member committed a
dependent-abuse offense--
``(A) during the marriage to the former spouse;
``(B) for which the applicable statute of
limitations has not lapsed; and
``(C) that an incident determination committee
determines meets the criteria for abuse.'';
(3) in subsection (e)(1)--
(A) in subparagraph (A)(ii), by striking ``; and''
and inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) in the case of a member described in subsection
(b)(3), shall commence upon the date of the final decree of
divorce, dissolution, or annulment of that member from the
former spouse described in such subsection.''; and
(4) by adding at the end the following new subsection:
``(n) Health Care for Certain Former Spouses.--The Secretary
concerned shall treat a former spouse described in subsection (b)(3) as
an abused dependent described in section 1076(e) of this title.''.
(b) Technical Amendment.--The table of sections at the beginning of
chapter 53 of such title is amended by striking the item relating to
section 1059 and inserting the following:
``1059. Dependents of members who commit dependent abuse: transitional
compensation; commissary and exchange
benefits; health care.''.
(c) Effective Date.--The amendments made by this Act shall apply to
a former spouse described in subsection (b)(3) of such section 1059, as
added by subsection (a)(2) of this section, whose final decree of
divorce, dissolution, or annulment described in subsection (e)(1)(C) of
such section 1059, as added by subsection (a)(3) of this section, is
issued on or after the date of the enactment of this Act.
SEC. 642. AUTHORIZATION OF PERMISSIVE TEMPORARY DUTY FOR WELLNESS.
In order to reduce the rate of suicides in the Armed Forces, the
Secretary of each military department may prescribe regulations that
authorize a member of an Armed Force under the jurisdiction of such
Secretary to take not more than two weeks of permissive temporary duty
each year to attend a seminar, retreat, workshop, or outdoor
recreational therapy event--
(1) hosted by a non-profit organization; and
(2) that focuses on psychological, physical, spiritual, or
social wellness.
SEC. 643. 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.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 644. 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 prepare and submit to the appropriate congressional
committees 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 ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services of the House of
Representatives.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Transportation and
Infrastructure of the House of Representatives.
(D) The Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``BAH'' means the basic allowance for housing
for members of the uniformed services under section 403 of
title 37, United States Code.
(3) 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.
(4) The term ``MHA'' means military housing area.
(5) The term ``servicemember'' has the meaning given such
term in section 101 of the Servicemembers Civil Relief Act (50
U.S.C. 3911).
SEC. 645. STUDY AND REPORT ON BARRIERS TO HOME OWNERSHIP FOR MEMBERS OF
THE ARMED FORCES.
(a) In General.--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 barriers to home
ownership for members of the Armed Forces. At the conclusion of such
study, the Secretary shall submit, to the appropriate congressional
committees, a report containing the following elements:
(1) Potential barriers to such home ownership, including
down payments, concerns about home maintenance, and challenges
in selling a home.
(2) The percentage of members who use the basic allowance
for housing to pay for a mortgage, disaggregated by Armed
Force, rank, and military housing area.
(3) Any identified differences in home ownership rates
among members correlated with race or gender.
(4) What percentage of members own a home before separating
from the Armed Forces.
(b) 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.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 646. PLAN FOR REIMBURSEMENT OF CERTAIN EXPENSES OF CERTAIN MEMBERS
AND VETERANS RELATED TO AFGHANISTAN EVACUATION.
(a) Plan.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the appropriate
congressional committees a plan (in this section referred to as the
``Plan'') to reimburse members of the Armed Forces serving on active
duty and veterans who expended personal funds in support of efforts to
evacuate, from Afghanistan, Afghan nationals who previously supported
military or reconstruction missions of the United States in
Afghanistan.
(b) Consultation.--In developing the plan, the Secretary shall
consult with the following:
(1) The Secretary of State.
(2) The Secretary of Veterans Affairs.
(3) Non-governmental organizations and veterans service
organizations with expertise in supporting the evacuation of
Afghan nationals from Afghanistan.
(c) Elements.--The Plan shall include the following elements:
(1) Eligibility requirements for members of the Armed
Forces serving on active duty and veterans to file a
reimbursement claim under the Plan.
(2) The criteria for reimbursement, including the types of
reimbursable claims and maximum reimbursement limit.
(3) The process for filing a reimbursement claim.
(4) The supporting documentation required to file a
reimbursement claim.
(5) An estimate of the costs that would be associated with
implementing the Plan.
(d) Public Availability.--Not later than one year after the date of
the enactment of this Act, the Secretary shall of Defense post the plan
on a publicly available website of the Department of Defense.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means:
(1) With respect to the House of Representatives:
(A) The Committee on Oversight and Reform.
(B) The Committee on Armed Services.
(2) With respect to the Senate:
(A) The Committee on Homeland Security and
Government Affairs.
(B) The Committee on Armed Services.
SEC. 647. EXPANSION OF THE SPACE-AVAILABLE TRAVEL PROGRAM TO ALLOW
CERTAIN DISABLED VETERANS TO TRAVEL WITH A CAREGIVER OR
DEPENDENT ON CERTAIN AIRCRAFT.
(a) Exception to Limitation on Use of Travel Program Funds.--
Section 2641b(b) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(3) The limitation in paragraph (2) shall not apply to the use of
funds to purchase or design new equipment to carry out paragraphs (4)
and (5) of subsection (c).''.
(b) Certain Caregiver or Dependent Eligibility for Travel
Program.--Section 2641b(c) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(2) in paragraph (6) (as redesignated by paragraph (1)), by
striking ``paragraphs (1) through (3)'' and inserting
``paragraphs (1) through (4)''; and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) Subject to subsection (f) and under conditions and
circumstances as the Secretary shall specify in regulations
under subsection (a), a caregiver or family caregiver (as such
terms are defined in section 1720G of title 38) of a veteran
with a permanent service-connected disability rated as
total.''.
(c) Limitation on Priority in Travel Program.--Section 2641b(f) of
title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``a veteran eligible for
travel pursuant to subsection (c)(4)'' and inserting ``an
individual eligible for travel pursuant to paragraph (4) or (5)
of subsection (c)''; and
(2) in paragraphs (2) and (3), by striking ``The authority
in subsection (c)(4)'' each place it appears and inserting
``The authority in paragraph (4) or (5) of subsection (c)''.
Subtitle F--Disability and Retired Pay
SEC. 651. ELIMINATION OF CAP ON ADDITIONAL RETIRED PAY FOR
EXTRAORDINARY HEROISM FOR MEMBERS OF THE ARMY AND AIR
FORCE WHO SERVED DURING THE VIETNAM ERA.
Title 10, United States Code, is amended--
(1) in section 1402(f)(2), by striking ``The amount'' and
inserting ``Except in the case of a member who served during
the Vietnam Era (as that term is defined in section 12731 of
this title), the amount'';
(2) in section 7361(a)(2), by inserting ``(except in the
case of a member who served during the Vietnam Era, as that
term is defined in section 12731 of this title)'' after
``based''; and
(3) in section 9361(a)(2), by inserting ``(except in the
case of a member who served during the Vietnam Era, as that
term is defined in section 12731 of this title)'' after
``based''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. CLARIFICATION OF COVERAGE OF ARTIFICIAL REPRODUCTIVE SERVICES
FOR CERTAIN TRICARE BENEFICIARIES.
Section 1074(c)(4) of title 10, United States Code, is amended by
adding at the end the following new subparagraphs:
``(C) In providing for the coverage under this subsection of
artificial reproductive services to any member of a covered armed force
who incurs a serious injury or illness on active duty as specified in
subparagraph (A), the Secretary of Defense shall ensure that the
coverage of such services, including gamete donation and surrogacy
services, is provided without regard to whether the member is married
to a spouse of the same gender, married to a spouse of the opposite
gender, or unmarried.
``(D) In this paragraph, the term `covered armed force' means the
following:
``(i) The Army.
``(ii) The Navy.
``(iii) The Marine Corps.
``(iv) The Air Force.
``(v) The Space Force.''.
SEC. 702. CLARIFICATION OF COVERAGE OF CERTAIN AREOLAR NIPPLE TATTOOING
PROCEDURES UNDER TRICARE PROGRAM.
(a) Coverage Under TRICARE Program.--Section 1079(a)(11)(A) of
title 10, United States Code, is amended by inserting ``(including two-
dimensional and three-dimensional areolar nipple tattooing)'' after
``breast reconstructive surgery''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to breast reconstructive surgeries provided on or
after the date of the enactment of this Act.
SEC. 703. TRICARE DENTAL FOR SELECTED RESERVE.
Section 1076a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the header, by striking ``selected
reserve and''; and
(ii) by striking ``for members of the
Selected Reserve of the Ready Reserve and'';
(B) in paragraph (2), in the header, by inserting
``individual ready'' after ``other''; and
(C) by adding at the end the following new
paragraph:
``(5) Plan for selected reserve.--A dental benefits plan
for members of the Selected Reserve of the Ready Reserve.'';
(2) in subsection (d)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) No premium plans.--(A) The dental insurance plan
established under subsection (a)(5) is a no premium plan.
``(B) Members enrolled in a no premium plan may not be
charged a premium for benefits provided under the plan.'';
(3) in subsection (e)(2)(A), by striking ``a member of the
Selected Reserve of the Ready Reserve or'';
(4) by redesignating subsections (f) through (k) as
subsections (g) through (l), respectively;
(5) by inserting after subsection (e) the following new
subsection (f):
``(f) Copayments Under No Premium Plans.--A member who receives
dental care under a no premium plan referred to in subsection (d)(3)
shall pay no charge for any care described in subsection (c).''; and
(6) in subsection (i), as redesignated by paragraph (4), by
striking ``subsection (k)(2)'' and inserting ``subsection
(l)(2)''.
SEC. 704. REPORT REQUIREMENT FOR CERTAIN CONTRACTS UNDER TRICARE
PROGRAM.
(a) GAO Report Upon Award of Certain Contracts.--Chapter 55 of
title 10, United States Code, is amended by inserting after section
1097d the following new section (and conforming the table of sections
at the beginning of such chapter accordingly):
``Sec. 1097e. TRICARE program: report requirement for certain contracts
``(a) GAO Report.--Not later than 180 days after the date on which
the Secretary of Defense enters into a major military health care
contract, the Comptroller General of the United States shall submit to
the congressional defense committees a report on the contract.
``(b) Matters.--Each report under subsection (a) shall include,
with respect to the contract for which the report is submitted, a
review of the process used in awarding the contract.
``(c) Major Military Health Care Contract Defined.--In this
section, the term `major military health care contract' means a
contract the Secretary determines is a managed care support contract
for the administration of the TRICARE program (including the
administration of medical and dental care services under such program)
and is estimated by the Secretary to require an eventual total
expenditure of more than $1,000,000,000.''.
(b) Submission of Criteria to Congress.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall develop specific criteria for the determination of a contract as
a ``major military health care contract'' pursuant to section 1097e(c)
of title 10, United States Code, as added by subsection (a), and submit
to the congressional defense committees a detailed list of such
criteria.
SEC. 705. TEMPORARY REQUIREMENT FOR CONTRACEPTION COVERAGE PARITY UNDER
THE TRICARE PROGRAM.
(a) In General.--The Secretary of Defense shall ensure that, during
the one-year period beginning on the date that is 30 days after the
date of the enactment of the Act, the imposition or collection of cost-
sharing for certain services is prohibited as follows:
(1) Pharmacy benefits program.--Notwithstanding
subparagraphs (A), (B), and (C), of section 1074g(a)(6) of
title 10, United States Code, cost-sharing may not be imposed
or collected with respect to any eligible covered beneficiary
for any prescription contraceptive on the uniform formulary
provided through a retail pharmacy described in section
1074(a)(2)(E)(ii) of such title or through the national mail-
order pharmacy program of the TRICARE Program.
(2) TRICARE select.--Notwithstanding any provision under
section 1075 of title 10, United States Code, cost-sharing may
not be imposed or collected with respect to any beneficiary
under such section for a covered service that is provided by a
network provider under the TRICARE program.
(3) TRICARE prime.--Notwithstanding subsections (a), (b),
and (c) of section 1075a of title 10, United States Code, cost-
sharing may not be imposed or collected with respect to any
beneficiary under such section for a covered service that is
provided under TRICARE Prime.
(b) Definitions.--In this section:
(1) The term ``covered service'' means any method of
contraception approved by the Food and Drug Administration, any
contraceptive care (including with respect to insertion,
removal, and follow up), any sterilization procedure, or any
patient education or counseling service provided in connection
with any such method, care, or procedure.
(2) The term ``eligible covered beneficiary'' has the
meaning given such term in section 1074g of title 10, United
States Code.
(3) The terms ``TRICARE Program'' and ``TRICARE Prime''
have the meaning given such terms in section 1072 of title 10,
United States Code.
SEC. 706. RATES OF REIMBURSEMENT FOR PROVIDERS OF APPLIED BEHAVIOR
ANALYSIS.
(a) In General.--In furnishing applied behavior analysis under the
TRICARE program to individuals described in subsection (b) during the
period beginning on the date of the enactment of this Act and ending on
December 31, 2023, the Secretary of Defense shall ensure that the
reimbursement rates for providers of applied behavior analysis are not
less than the rates that were in effect on April 30, 2022.
(b) Individuals Described.--Individuals described in this
subsection are individuals who are covered beneficiaries by reason of
being a member or former member of the Army, Navy, Air Force, Space
Force, or Marine Corps, including the reserve components thereof, or a
dependent of such a member or former member.
(c) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meaning given those
terms in section 1072 of title 10, United States Code.
SEC. 707. MEDICAL TESTING AND RELATED SERVICES FOR FIREFIGHTERS OF
DEPARTMENT OF DEFENSE.
(a) Provision of Services.--During the annual periodic health
assessment of each firefighter of the Department of Defense, or at such
other intervals as may be indicated in this subsection, the Secretary
shall provide to the firefighter (at no cost to the firefighter)
appropriate medical testing and related services to detect, document
the presence or absence of, and prevent, certain cancers. Such services
shall meet, at a minimum, the following criteria:
(1) Breast cancer.--With respect to the breast cancer
screening, if the firefighter is a female firefighter--
(A) such services shall include the provision of a
mammogram to the firefighter--
(i) on at least a biannual basis if the
firefighter is 40 years old to 49 years old
(inclusive);
(ii) on at least an annual basis if the
firefighter is at least 50 years old; and
(iii) as clinically indicated (without
regard to age); and
(B) in connection with such provision, a licensed
radiologist shall review the most recent mammogram
provided to the firefighter, as compared to prior
mammograms so provided, and provide to the firefighter
the results of such review.
(2) Colon cancer.--With respect to colon cancer screening--
(A) if the firefighter is at least 40 years old,
and as otherwise clinically indicated, such services
shall include the communication to the firefighter of
the risks and benefits of stool-based blood testing;
(B) if the firefighter is at least 45 years old,
and as clinically indicated (without regard to age),
such services shall include the provision, at regular
intervals, of visual examinations (such as a
colonoscopy, CT colonoscopy, or flexible sigmoidoscopy)
or stool-based blood testing; and
(C) in connection with such provision, a licensed
physician shall review and provide to the firefighter
the results of such examination or testing, as the case
may be.
(3) Prostate cancer.--With respect to prostate cancer
screening, if the firefighter is a male firefighter, the
communication to the firefighter of the risks and benefits of
prostate cancer screenings and the provision to the firefighter
of a prostate-specific antigen test--
(A) on an annual basis, if the firefighter is at
least 50 years old;
(B) on an annual basis, if the firefighter is at
least 40 years old and is a high-risk individual; and
(C) as clinically indicated (without regard to
age).
(4) Other cancers.--Such services shall include routine
screenings for any other cancer the risk or occurrence of which
the Director of the Centers for Disease Control and Prevention
has identified as higher among firefighters than among the
general public, the provision of which shall be carried out
during the annual periodic health assessment of the
firefighter.
(b) Optional Nature.--A firefighter of the Department of Defense
may opt out of the receipt of a medical testing or related service
provided under subsection (a).
(c) Use of Consensus Technical Standards.--In providing medical
testing and related services under subsection (a), the Secretary shall
use consensus technical standards in accordance with section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note).
(d) Documentation.--
(1) In general.--In providing medical testing and related
services under subsection (a), the Secretary--
(A) shall document the acceptance rates of such
tests offered and the rates of such tests performed;
(B) shall document tests results, to identify
trends in the rates of cancer occurrences among
firefighters; and
(C) may collect and maintain additional information
from the recipients of such tests and other services,
to allow for appropriate scientific analysis.
(2) Privacy.--In analyzing any information of an individual
documented, collected, or maintained under paragraph (1), in
addition to complying with other applicable privacy laws, the
Secretary shall ensure the name, and any other personally
identifiable information, of the individual is removed from
such information prior to the analysis.
(3) Sharing with centers for disease control and
prevention.--The Secretary may share data from any tests
performed under subsection (a) with the Director of the Centers
for Disease Control and Prevention, as appropriate, to increase
the knowledge and understanding of cancer occurrences among
firefighters.
(e) Definitions.--In this section:
(1) The term ``firefighter'' has the meaning given that
term in section 707 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1441; 10
U.S.C. 1074m note).
(2) The term ``high-risk individual'' means an individual
who--
(A) is African American;
(B) has at least one first-degree relative who has
been diagnosed with prostate cancer at an early age; or
(C) is otherwise determined by the Secretary to be
high-risk with respect to prostate cancer.
SEC. 708. AUDIT OF BEHAVIORAL HEALTH CARE NETWORK PROVIDERS LISTED IN
TRICARE DIRECTORY.
(a) Audit Required.--The Secretary of Defense 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 Secretary shall submit to the congressional
defense committees 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 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 Secretary
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 Secretary 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 Secretary of Defense
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
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 to
recruit and retain behavioral health care providers.
(5) Recommendations by the Secretary, 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. 709. 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 the National Academies of
Sciences, Engineering, and Medicine (in this section referred
to as the ``National Academies'') for the National Academies 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 than 60 days
after the date of the enactment of this Act.
(b) Analysis by the National Academies.--
(1) Analysis.--Under an agreement between the Secretary and
the National Academies entered into pursuant to subsection (a),
the National Academies 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, the following:
(A) An assessment of the procedures under such
component regarding credentialing and privileging for
health care providers (and an assessment of compliance
with such procedures).
(B) An assessment of the processes under such
component for quality assurance, standard of care, and
incident review (and an assessment of compliance with
such processes).
(C) An assessment of the accountability processes
under such component for health care providers who are
found to have not met a required standard of care.
(3) Information access and privacy.--
(A) Access to records.--Notwithstanding section
1102 of title 10, United States Code, the Secretary
shall provide the National Academies with access to
such records of the Department of Defense as the
Secretary may determine necessary for purposes of the
National Academies 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 National Academies--
(i) shall maintain any personally
identifiable information in records accessed by
the National Academies 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) Report.--Under an agreement entered into between the Secretary
and the National Academies under subsection (a), the National
Academies, not later than one year after the date of the execution of
the agreement, shall--
(1) submit to 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 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 findings of the
National Academies with respect to the analysis conducted and
recommendations developed under subsection (b); and
(2) make such report 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.
Subtitle B--Health Care Administration
SEC. 721. CONGRESSIONAL NOTIFICATION REQUIREMENT TO MODIFY SCOPE OF
SERVICES PROVIDED AT MILITARY MEDICAL TREATMENT
FACILITIES.
Section 1073c(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(7)(A) The Secretary of Defense may not modify the scope of
medical care provided at a military medical treatment facility pursuant
to paragraph (2)(C) (including by modifying the staff, types of
services available, or beneficiary population served, at the facility),
unless--
``(i) 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;
``(ii) a period of 180 days has elapsed following the date
on which the Secretary submits such notification; and
``(iii) 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 and an opportunity to
participate in at least two public forums convened by the
Secretary, to discuss the transition plan and any related
concerns.
``(B) Each notification under subparagraph (A) 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. 722. MODIFICATION OF CERTAIN DEADLINE AND REQUIREMENT TO TRANSFER
RESEARCH AND DEVELOPMENT FUNCTIONS TO DEFENSE HEALTH
AGENCY.
Section 1073c of title 10, United States Code, is amended--
(1) in subsection (e)--
(A) in the matter preceding paragraph (1), by
striking ``September 30, 2022'' and inserting
``September 30, 2023''; and
(B) in paragraph (1)(B), by striking ``the Army
Medical Research and Materiel Command'' and inserting
``such elements and functions of the Army Medical
Research and Materiel Command as the Secretary
determines appropriate'';
(2) by redesignating subsections (g) and (h) as subsections
(h) and (i); and
(3) by inserting after subsection (f) the following new
subsection:
``(g) Report Requirement.--The Secretary of Defense may not take
any action to exclude an element or function of the Army Medical
Research and Materiel Command from organization under or transfer to
the Defense Health Agency Research and Development pursuant to a
determination referred to in subsection (e)(1)(B) unless--
``(1) the Secretary submits to the Committees on Armed
Services of the House of Representatives and the Senate a
report containing an explanation of the determination and a
plan for the proposed exclusion; and
``(2) a period of 90 days has elapsed following the date on
which the Secretary submits such report.''.
SEC. 723. MODIFICATION OF REQUIREMENT TO TRANSFER PUBLIC HEALTH
FUNCTIONS TO DEFENSE HEALTH AGENCY.
Section 1073c(e)(2) of title 10, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``A subordinate'' and inserting ``(A) A subordinate'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii);
(3) in clause (ii), as so redesignated--
(A) by striking ``comprised of'' and inserting
``except as provided in subparagraph (B), comprised
of''; and
(B) by striking ``Command'' each place it appears
and inserting ``Center''; and
(4) by adding at the end the following new subparagraph:
``(B) At the discretion of the Secretary of Defense, the
Secretary of a military department may retain an element or
function that would otherwise be organized under or transferred
to the Defense Health Agency Public Health pursuant to
subparagraph (A)(ii) if the Secretary of Defense determines
such element or function--
``(i) addresses a need that is unique to that
military department; and
``(ii) is in direct support of operating forces and
necessary to implement national security or defense
strategies.
``(C) The Secretary of a military department may not take
any action to retain an element or function pursuant to a
determination by the Secretary of Defense referred to in
subparagraph (B) unless--
``(i) the Secretary of Defense submits to the
Committees on Armed Services of the House of
Representatives and the Senate a report containing an
explanation of such determination and a plan for the
proposed retention; and
``(ii) a period of 90 days has elapsed following
the date on which the Secretary submits such report.''.
SEC. 724. OTHER TRANSACTION AUTHORITY FOR STUDIES AND DEMONSTRATION
PROJECTS RELATING TO DELIVERY OF HEALTH AND MEDICAL CARE.
Section 1092(b) of title 10, United States Code, is amended by
inserting ``or transactions (other than contracts, cooperative
agreements, and grants)'' after ``contracts''.
SEC. 725. 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. 726. IMPROVEMENTS RELATING TO MEDICAL OFFICER OF THE MARINE CORPS
POSITION.
(a) In General.--Chapter 806 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. 8048. Medical Officer of the Marine Corps
``(a) There is a Medical Officer of the Marine Corps who shall be
appointed from among flag officers of the Navy.
``(b) The Medical Officer of the Marine Corps, while so serving,
shall hold the grade of rear admiral (lower half).''.
(b) Exclusion From Certain Distribution Limitations.--Section 525
of such title is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) A naval officer while serving as the Medical Officer of the
Marine Corps is in addition to the number that would otherwise be
permitted for the Navy for officers serving on active duty in the grade
of rear admiral (lower half) under subsection (a).''.
(c) Exclusion From Active Duty Strength Limitations Prior to
December 31, 2022.--Section 526 of such title is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Exclusion of Medical Officer of Marine Corps.--The
limitations of this section do not apply to the flag officer who is
serving as the Medical Officer of the Marine Corps.''.
(d) Exclusion From Active Duty Strength Limitations After December
31, 2022.--Section 526a of such title is amended--
(1) by redesignating subsections (h) through (k) as
subsections (i) through (l), respectively; and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Exclusion of Medical Officer of Marine Corps.--The
limitations of this section do not apply to the flag officer who is
serving as the Medical Officer of the Marine Corps.''.
SEC. 727. AUTHORITY FOR DEPARTMENT OF DEFENSE PROGRAM TO PROMOTE EARLY
LITERACY AMONG CERTAIN YOUNG CHILDREN AS PART OF
PEDIATRIC PRIMARY CARE.
(a) Program.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1109 the following new section (and
conforming the table of sections at the beginning of such chapter
accordingly):
``Sec. 1109A. Authority for program to promote early literacy among
certain young children as part of pediatric primary care
``(a) Authority.--The Secretary of Defense may carry out a program
to promote early literacy among young children the caregivers of whom
are members of the armed forces as part of the pediatric primary care
of such children.
``(b) Activities.--Activities under the program under subsection
(a) shall be evidence-informed and include the following:
``(1) The provision to pediatric primary care providers and
other appropriate personnel of the Department of training on
early literacy promotion.
``(2) The purchase and distribution of age-appropriate
books to covered caregivers.
``(3) The modification of waiting rooms in military medical
treatment facilities, including in specific clinics within such
facilities, to ensure such waiting rooms include materials that
reinforce language-rich interactions between young children and
their covered caregivers, including a full selection of
literature for young children.
``(4) The dissemination to covered caregivers of education
materials on pediatric early literacy.
``(5) 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
military medical treatment facility.
``(d) 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.''.
(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 House of Representatives and the
Senate a report on the extent to which the authority under section
1109A(a) of title 10, United States Code, (as added by subsection (a))
is used, including a description of any activities carried out under
the program so authorized.
(c) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed as requiring that a
child have more than one caregiver as a condition of receiving services
under, or otherwise participating in, the program authorized under such
section 1109A.
SEC. 728. ACCOUNTABILITY FOR WOUNDED WARRIORS UNDERGOING DISABILITY
EVALUATION.
(a) In General.--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 requirement that a determination of fitness for duty
under chapter 61 of title 10, United States Code, of a member
of the Armed Forces falls under the jurisdiction of the
Secretary concerned.
(2) A description of the role of the Director of the
Defense Health Organization in supporting the Secretaries
concerned in carrying out determinations of fitness for duty as
specified in paragraph (1).
(3) A requirement that a medical evaluation provided under
the authority of the Defense Health Agency under section 1073c
of title 10, United States Code, shall comply with applicable
law and Department of Defense regulations and shall be
considered by the Secretary concerned in determining fitness
for duty under such chapter.
(4) 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 the Director is required to adhere to.
(5) A requirement that wounded, ill, and injured members of
the Armed Forces shall not be denied the protections,
privileges, or right to due process afforded under applicable
law and regulations of the Department of Defense and the Armed
Forces.
(6) A description of the types of due process protections,
privileges, and rights afforded to members of the Armed Forces
pursuant to paragraph (5), including an identification of each
such due process protection.
(b) Clarification of Responsibilities Regarding Medical Evaluation
Boards.--Section 1073c of title 10, United States Code, is amended by
redesignating subsection (h) as subsection (i); and by inserting after
subsection (g) the following new subsection (h):
``(h) Authorities Reserved to the Secretaries Concerned Regarding
the Disability Evaluation System.--Notwithstanding the responsibilities
and authorities of the Defense Health Agency with respect to the
administration of military medical treatment facilities as set forth in
this section, including medical evaluations of members of the armed
forces, the Secretary concerned shall maintain personnel authority over
and responsibility for any member of the armed forces while the member
is being considered by a medical evaluation board. Such responsibility
shall include the following:
``(1) Responsibility for administering the morale and
welfare of the member.
``(2) Responsibility for determinations of fitness for duty
of the member under chapter 61 of this title.''.
(c) Briefing.--Not later than February 1, 2023, the Secretary of
Defense shall provide to the appropriate congressional committees a
briefing on the status of the implementation of subsections (a) and
(b).
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
(B) the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101 of title 10, United States Code.
SEC. 729. INCENTIVE PAYMENTS FOR RETENTION OF CERTAIN BEHAVIORAL HEALTH
PROVIDERS.
(a) Incentive Payments for Certain Behavioral Health Providers.--
(1) Incentive payments.--The Secretary of Defense, using
authorities available to the Secretary, shall increase the use
of incentive payments paid to individuals described in
paragraph (2) for the purpose of retaining such employees.
(2) Eligible recipients.--Individuals described in this
paragraph are covered civilian behavioral health providers in
the following professions:
(A) Clinical psychologists.
(B) Social workers.
(C) Counselors.
(3) Prioritization.--In increasing the use of incentive
payments under paragraph (1), the Secretary of Defense shall
give priority for such an incentive payment to an individual
described in paragraph (2) who is stationed at a remote
installation or an installation with a higher-than-average
turnover of covered civilian behavioral health providers, as
determined by the Secretary.
(4) Reports.--Not later than February 1 of each of calendar
years 2023, 2024, 2025, and 2026, the Secretary of Defense
shall submit to the congressional defense committees a report
that includes the following:
(A) The number of covered civilian behavioral
health providers as of the end of the fiscal year
preceding the year in which the report is submitted,
disaggregated by the professions specified in paragraph
(2) and by whether the covered civilian behavioral
health provider is stationed at a remote installation.
(B) Of such covered civilian behavioral health
providers, the number who, during such preceding fiscal
year, received an incentive payment referred to in
paragraph (1), disaggregated by the professions
specified in paragraph (2) and by whether the covered
civilian behavioral health provider is stationed at a
remote installation.
(C) With respect to such covered civilian
behavioral health providers who so received an
incentive payment, the median and mean incentive
payment amount so received, disaggregated by the
professions specified in paragraph (2) and by whether
the covered civilian behavioral health provider is
stationed at a remote installations.
(D) For the five fiscal years preceding the year in
which the report is submitted, the aggregate amount of
incentive payments referred to in paragraph (1) paid to
covered civilian behavioral health providers.
(E) A summary of the actions taken by the Secretary
to implement the requirements of this section.
(F) An assessment of the effectiveness of
increasing the use of incentive payments under
paragraph (1) for improved retention of covered
civilian behavioral health providers.
(G) Any recommendations by the Secretary for
additional authorities, or modifications to authorities
already available to the Secretary, to further improve
the retention of covered civilian behavioral health
providers.
(b) Definitions.--In this section:
(1) The term ``behavioral health'' includes 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 ``military installation'' has the meaning
given that term in section 2801 of title 10, United States
Code.
(6) The term ``remote installation'' means a military
installation that the Secretary determines to be in a remote
location.
SEC. 730. CLARIFICATION OF LICENSE PORTABILITY FOR HEALTH CARE
PROVIDERS PROVIDING SERVICES UNDER RESERVE HEALTH
READINESS PROGRAM.
For purposes of license portability under paragraph (1) of section
1094(d) of title 10, United States Code, a health care provider who
provides medical or dental services under the Reserve Health Readiness
program of the Department of Defense (or any successor program) and
meets the requirements specified in subparagraphs (A) and (B) of
paragraph (2) of such section shall be considered a health-care
professional described in such paragraph.
SEC. 731. POLICY OF DEFENSE HEALTH AGENCY ON EXPANDED RECOGNITION OF
BOARD CERTIFICATIONS FOR PHYSICIANS.
Not later than 180 days after the date of the enactment of this
Act, the Director of the Defense Health Agency shall revise the policy
of the Defense Health Agency relating to credentialing and privileging
under the military health system, to expand the recognition of board
certifications for physicians under such policy to a wide range of
additional board certifications.
SEC. 732. SLEEP APNEA SCREENING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Assistant Secretary of Defense for Health
Affairs shall provide a plan to the congressional defense committees
for a pilot program to screen for obstructive sleep apnea among persons
going through the officer accession program.
(b) Plan Contents.--This plan required under subsection (a) shall
include--
(1) how many individuals will be tested under the pilot
program; and
(2) how much the pilot program would cost.
SEC. 733. DEMONSTRATION PROJECT ON INFANT AND EARLY CHILDHOOD MENTAL
HEALTH SERVICES FOR CHILDREN OF MEMBERS OF THE ARMED
FORCES.
(a) Assessment of Availability of Services.--The Secretary of
Defense shall conduct an assessment of the availability at military
installations (and in the surrounding communities) of covered services
at the Federal, State, and local level for covered children, for the
purpose of ensuring access to such services for covered children with
infant and early childhood mental health needs. Such assessment shall
address, at a minimum, the following:
(1) The availability of covered services that advance
social and emotional development for covered children,
including any relevant certification or endorsement programs
for professionals serving as infant and early childhood mental
health consultants for military child development centers.
(2) The availability of adequate diagnostic and non-medical
intervention covered services for covered children.
(3) The availability of supplemental covered services for
covered children, such as consultation services provided by
licensed professionals who are appropriately certified or
endorsed in infant and early childhood mental health, as
determined by the Secretary.
(4) The ease of access to adequate covered educational or
treatment services for covered children, as appropriate, such
as the average duration of time spent on waiting lists prior to
receiving such services.
(b) Review of Best Practices.--In developing the assessment under
subsection (a), the Secretary of Defense shall conduct a review of best
practices across the United States for the provision of covered
services to covered children. Such review shall include an assessment
of any covered services of the Federal or State government available in
each State, with an emphasis on the availability in locations where
members of the Armed Forces with children reside.
(c) Demonstration Projects.--
(1) Projects authorized.--The Secretary of Defense may
conduct one or more demonstration projects under this
subsection to test and evaluate various approaches to the
provision of covered services to covered children, for the
purposes of determining the efficacy of such approaches,
reducing incidents of behavioral issues among those with infant
and early childhood mental health needs, ensuring the early
identification of such needs that may require non-medical
intervention, and such other related purposes as may be
determined appropriate by the Secretary.
(2) Participants.--The Secretary may select for
participation in the study--
(A) members of the Armed Forces with covered
children who elect to so participate; and
(B) military child development centers that are
located on or near military installations or that
otherwise provide services to covered children.
(3) Personnel.--In carrying out a demonstration project
under this subsection, the Secretary of Defense may assign
personnel who hold a covered degree that the Secretary
determines appropriate for the provision of covered services to
act as consultants for the provision of such services to
covered children who are participants in the demonstration
project. Under such demonstration project, such assigned
personnel may--
(A) develop and monitor promotion and prevention,
and non-medical intervention, plans for such
participants;
(B) provide appropriate training in the provision
of covered services to such participants;
(C) provide non-medical counseling services to such
participants, and any members of the Armed Forces who
are the caregivers of such participants, as
appropriate;
(D) coordinate and collaborate with other relevant
service providers on the military installation or in
the surrounding community regarding covered services;
and
(E) become endorsed, or work towards becoming
endorsed, by an organization that provides licensing or
professional certifications recognized by the Federal
or State government for infant and early childhood
mental health professionals.
(4) Infant and early childhood mental health
consultations.--
(A) Curriculum.--As an activity under the
demonstration project, the Secretary of Defense may
authorize the development of a comprehensive
professional development curriculum for use in training
non-medical counselors in infant and early childhood
mental health consultation services, so that such
counselors may serve as infant early childhood mental
health consultants for covered children who are
participants in the demonstration project.
(B) Competency guidelines.--The curriculum under
subparagraph (A) shall be based on a set of competency
guidelines that are--
(i) designed to enhance culturally
sensitive, relationship-focused practice within
the framework of infant and early childhood
mental health; and
(ii) recognized by an organization
specified in paragraph (3)(E) for the purposes
of certification or endorsement as a infant and
early childhood mental health practitioner.
(5) Contract authority.--
(A) Authority.--The Secretary of Defense may enter
into a contract, or multiple contracts, for the conduct
of any demonstration project under this subsection.
(B) Requirement for supervisory-level providers.--
As a term of any contract that is entered into pursuant
to subparagraph (A) for the implementation of special
educational and behavioral intervention plans for
covered children who are participants in the
demonstration project, the Secretary shall require that
any such plan be developed, reviewed, and maintained by
supervisory-level providers approved by the Secretary.
(C) Contractor requirements.--The Secretary shall
establish, and ensure the implementation of, the
following:
(i) Minimum required criteria for the
education, training, and experience of any
contractor furnishing covered services pursuant
to a contract under subparagraph (A).
(ii) Requirements for the supervision and
oversight of contractors who are infant and
early childhood mental health consultants,
including requirements for relevant credentials
for such consultants and the frequency and
intensity of such supervision.
(iii) Such other requirements as the
Secretary considers appropriate to ensure the
safety and protection of covered children who
are participants in the demonstration project.
(6) Deadline to commence; minimum period.--For each
demonstration project conducted under this subsection--
(A) the Secretary shall commence the demonstration
project not later than 180 days after the date of the
enactment of this Act; and
(B) the demonstration project shall be conducted
for a period of not less than two years.
(7) Evaluation.--
(A) Requirement.--The Secretary of Defense shall
conduct an evaluation of the outcomes of each
demonstration project conducted under this subsection,
to determine the efficacy of covered services provided
under the demonstration project.
(B) Matters.-- Each evaluation under subparagraph
(A) shall include, with respect to the relevant
demonstration project, an assessment of the extent to
which activities under the demonstration project
contributed to the following:
(i) Positive outcomes for covered children.
(ii) Improvements to the services and
continuity of care for covered children.
(iii) Improvements to military family
readiness and enhanced military retention.
(d) Reports on Demonstration Projects.--Not later than two years
and 180 days after the date of the commencement of a demonstration
project under subsection (c), the Secretary of Defense shall submit to
the Committees on Armed Services of the House of Representatives and
the Senate a report on the demonstration project. Such report shall
include the following:
(1) A description of the demonstration project.
(2) The results of the evaluation under subsection (c)(7)
with respect to the demonstration project.
(3) A description of plans for the future provision of
covered services, in accordance with the model or approach
evaluated pursuant to the demonstration project.
(e) Relationship to Other Benefits.--Nothing in this section shall
be construed as precluding a member of the Armed Forces, or a dependent
of such a member, from eligibility for benefits under chapter 55 of
title 10, United States Code, to which such member or dependent would
otherwise be eligible.
(f) Definitions.--In this section:
(1) The term ``child'' has the meaning given that term in
section 1072 of title 10, United States Code.
(2) The term ``covered child'' means the infant, toddler,
or young child (from birth to age five, inclusive) of a member
of the Armed Forces.
(3) The term ``covered degree'' means a postsecondary
degree that--
(A) is awarded by an institution of higher of
education eligible to participate in programs under
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.); and
(B) is in the field of mental health, human
development, social work, or a related field, as
determined by the Secretary of Defense.
(4) The term ``covered educational or treatment service''--
(A) means a service, including a supportive
service, that provides quality early childhood
education by promoting healthy social and emotional
development and providing support for children
experiencing mental health challenges; and
(B) includes the conduct of assessments, coaching
for educators and parents, and referrals to health care
professionals with specialties in infant and early
childhood mental health for diagnosis, therapeutic
treatment, and early intervention.
(5) The term ``covered service'' means a covered
educational and treatment service or any other medical or non-
medical service, including consultation services, relating to
the improvement of infant and early childhood mental health in
the context of family, community, and culture.
(6) The term ``infant and early childhood mental health''
means the developing capacity of an infant, toddler, or young
child (from birth to age five, inclusive), to--
(A) form close and secure adult and peer
relationships;
(B) experience, manage, and express a full range of
emotions; and
(C) explore the environment and learn.
SEC. 734. 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.--Each commander (or director, as applicable)
of a military medical treatment facility shall issue a waiver for a fee
that would otherwise be charged under the procedures implemented under
subsection (a) to a civilian provided medical care at the facility 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 respective commander or director.''; and
(2) by redesignating subsection (c) as subsection (d).
(b) Modified Payment Plan for Certain Civilians.--
(1) In general.--Such section is further amended--
(A) 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, for any services not covered by such covered
payer, copays, coinsurance, deductibles, or nominal fees.
``(B)(i) The Secretary of Defense may bill only the covered payer
for care provided to a civilian described in subparagraph (A).
``(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 Secretary of Defense
shall reduce each fee that would otherwise be charged to the civilian
under this section according to a sliding fee discount program.
``(3) If a civilian specified in subsection (a) does not meet the
criteria under paragraph (1) or (2), the Secretary of Defense shall
implement an additional catastrophic waiver to prevent 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
(B) 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. 735. IMPROVEMENTS TO MILITARY MEDICAL TREATMENT FACILITIES AND
OTHER FACILITIES UNDER MILITARY HEALTH SYSTEM.
(a) Study.--The Secretary of Defense shall conduct a study on any
deficiencies of, and necessary improvements to, military medical
treatment facilities and other covered facilities, to ensure the
design, construction, and maintenance of such facilities are in
compliance with each covered code, specification, and standard. Such
study shall include an identification of any necessary updates to the
Unified Facilities Criteria relating to military construction planning
and design with respect to such facilities, to ensure such compliance.
(b) Reports.--
(1) First 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 on the
findings of the study under subsection (a). Such report shall
include--
(A) for each covered facility, a description of any
deficiencies identified pursuant to such study; and
(B) the plans of the Secretary, including costs and
timelines, to address such deficiencies through the
rehabilitation, repair, or retrofit of the facility, as
applicable.
(2) Annual reports.--Not later than one year after the date
on which the report under paragraph (1) is submitted, and on an
annual basis thereafter until the date on which the Secretary
determines all covered facilities are in compliance with each
covered code, specification, and standard, the Secretary shall
submit to the congressional defense committees a report on the
progress made toward addressing any deficiency of a covered
facility and maintaining covered facilities, to ensure such
compliance.
(c) Definitions.--In this section:
(1) The term ``covered code, specification, and
standard''--
(A) means the latest published edition of any code,
specification, or standard that incorporates the latest
hazard-resistant and energy-efficient designs,
establishes minimum acceptable criteria for design,
construction, or maintenance, and is at least as
stringent as the previously published edition; and
(B) includes the following (or the latest published
edition thereof that is at least as stringent as the
previously published edition):
(i) The 2021 International Energy
Conservation Code.
(ii) The ASHRAE Standard 90.1.
(iii) The ASHRAE Standard 170.
(iv) The ASHRAE Standard 189.3.
(v) The American Society of Civil Engineers
Minimum Design Loads for Buildings and Other
Structures (ASCE Standard ASCE 7).
(vi) The International Wildland-Urban
Interface Code.
(vii) Executive Order 13690 of January 30,
2015 (80 Fed. Reg. 6425) (relating to a Federal
Flood Risk Management Standard for critical
facilities).
(2) The term ``covered facility'' means any Department of
Defense-owned facility used for activities under the military
health system, including military medical treatment facilities,
military ambulatory care and occupational health facilities,
and defense health research facilities.
SEC. 736. 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. 737. AFFILIATES SHARING PILOT PROGRAM.
Section 5318(g)(8)(B)(iii) of title 31, United States Code, is
amended by striking ``3 years after the date of enactment of this
paragraph'' and inserting ``3 years after the date that the Secretary
of the Treasury issues rules pursuant to subparagraph (A)''.
SEC. 738. HOUSING FIRST REPORT.
(a) In General.--The Secretary of Housing and Urban Development
shall, not later than 180 days after the date of the enactment of this
section, submit to the Financial Services Committee of the House of
Representatives and the Banking, Housing and Urban Affairs Committee of
the Senate, a report about the effectiveness and success of housing
first policies in addressing homelessness by connecting homeless
individuals with housing and voluntary services.
(b) Contents.--The report required under subsection (a) shall
include findings made by the Secretary of Housing and Urban Development
with respect to the barriers that people experiencing homelessness face
when attempting to secure permanent housing.
(c) Housing First Policy Defined.--In this section, the term
``housing first policy'' means a policy that prohibits conditioning the
provision of housing assistance for an individual or family on--
(1) individual or family participation in supportive
services, such as counseling, job training, or addiction
treatment, for such individual or family; or
(2) such individuals or family meeting certain
prerequisites, including employment, sobriety, or lack of drug
use.
Subtitle C--Studies and Reports
SEC. 741. GAO STUDY ON COVERAGE OF MENTAL HEALTH DISORDERS UNDER
TRICARE PROGRAM AND RELATIONSHIP TO CERTAIN MENTAL HEALTH
PARITY LAWS.
(a) Study and Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall--
(1) conduct a study to identify and assess the similarities
and differences with respect to coverage of mental health
disorders under the TRICARE program and 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) Matters.--The report under subsection (a) shall include the
following:
(1) A description of any overlaps or gaps between coverage
requirements under the TRICARE program and under the mental
health parity laws, with respect to treatment for the continuum
of mental health disorders (including substance use disorder).
(2) An identification of any existing or anticipated
effects of any such overlaps or gaps on access to care by
TRICARE beneficiaries.
(3) An identification of denial rates under the TRICARE
program for requests by TRICARE beneficiaries for coverage of
mental or behavioral health care services, and the overturn
rates of appeals for such requests, disaggregated by type of
health care service.
(4) A list of each mental or behavioral health care
provider type that is not an authorized provider type under the
TRICARE program.
(5) An identification of any anticipated effects of
modifying coverage requirements under the TRICARE program to
bring such requirements into conformity with mental health
parity laws, including an assessment of the following:
(A) Potential costs to the Department of Defense,
the Department of Homeland Security (with respect to
matters concerning the Coast Guard when it is not
operating as a service in the Department of the Navy),
and TRICARE beneficiaries as a result of such
modification.
(B) The adequacy of the TRICARE program network to
support such modification.
(C) Potential effects of such modification on
access to care by TRICARE beneficiaries.
(D) Such other matters as may be determined
appropriate by the Comptroller General.
(c) Briefing.--Not later than 90 days after the date on which the
Secretaries receives the report submitted under subsection (a), the
Secretaries shall provide to the congressional defense committees a
briefing on any statutory changes the Secretaries determine necessary
to close gaps in the coverage of mental health disorders under the
TRICARE program, including any such gaps identified in the report, to
bring such coverage into conformity with requirements under mental
health parity laws.
(d) 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.
SEC. 742. FEASIBILITY STUDY ON ESTABLISHMENT OF NEW COMMAND ON DEFENSE
HEALTH.
(a) Study.--The Secretary of Defense shall conduct a feasibility
study regarding the establishment of a new defense health command under
which the Defense Health Agency would be a joint component. In
conducting such study, the Secretary shall consider for the new command
each of the following potential structures:
(1) A unified combatant command.
(2) A specified combatant command.
(3) Any other defense health command structure the
Secretary determines appropriate.
(b) Matters.--The study under subsection (a) shall include, with
respect to the new command specified in such subsection, the following:
(1) An assessment of the organizational structure required
to establish the new command with the following
responsibilities and duties:
(A) The conduct of health operations among
operational units of the Armed Forces.
(B) The administration of military medical
treatment facilities.
(C) The administration of the TRICARE program.
(D) Serving as the element of the Armed Forces with
the primary responsibility for the following:
(i) Medical treatment, advanced trauma
management, emergency surgery, and
resuscitative care.
(ii) Emergency and specialty surgery,
intensive care, medical specialty care, and
related services.
(iii) Preventive, acute, restorative,
curative, rehabilitative, and convalescent
care.
(E) 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,
including with respect to the care services specified
in subparagraph (D)(iii).
(F) The conduct of existing research and education
activities of the Department of Defense in the filed of
health sciences.
(G) The conduct of public health and global health
activities not otherwise assigned to the Armed Forces.
(H) The administration of the Defense Health
Program Account under section 1100 of title 10, United
States Code.
(2) A description of 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.
(3) A description of the roles of the Surgeons General of
the Army, Navy and Air Force, with respect to the commander of
the new command.
(4) A description of the additional legislative
authorities, if any, necessary to establish the new command.
(c) Briefing; Report.--Not later than September 30, 2023, the
Secretary of Defense shall--
(1) provide to the Committees of Armed Services of the
House of Representatives and the Senate briefing on the results
of the study under subsection (a); and
(2) submit to the Committees of Armed Services of the House
of Representatives and the Senate briefing and report on the
results of such study.
SEC. 743. STUDY AND AWARENESS INITIATIVE REGARDING USE OF QUALIFIED
ALTERNATIVE THERAPIES TO TREAT CERTAIN MEMBERS OF THE
ARMED FORCES ON TERMINAL LEAVE.
(a) Study.--The Secretary of Defense shall conduct a study on the
use of qualified alternative therapies as alternative therapies to
prescription opioids in the treatment of members of the Armed Forces on
terminal leave preceding separation, retirement, or release from active
duty.
(b) Participants.--The Secretary shall select participants in the
study under subsection (a) from among members of the Armed Forces on
terminal leave--
(1) who have been diagnosed with post traumatic stress
disorder, a traumatic brain injury, or any other condition
involving severe pain, as determined by the Secretary for
purposes of this section;
(2) who but for such participation, would be prescribed
opioid medications in connection with the treatment of such
condition; and
(3) who elect to participate in the study (including in the
post-study monitoring under subsection (c)).
(c) Post-study Monitoring.--Following the conclusion of the study
under subsection (a), the Secretary shall monitor the effects of such
study on the health of former participants by conducting assessments of
such former participants, and shall submit to the congressional defense
committees reports on the results of such monitoring, at the following
intervals:
(1) One year after the date of such conclusion.
(2) Three years after the date of such conclusion.
(d) Effect on Other Benefits.--The eligibility or entitlement of a
member of the Armed Forces to any other benefit under the laws
administered by the Secretary shall not be affected by the
participation of the member in the study under this section (including
by participation in the post-study monitoring under subsection (c)).
(e) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the findings of the
study under subsection (a). Such report shall include--
(1) a description of any such findings relating to the
benefits or other effects of using a qualified alternative
therapy as an alternative to prescription opioids under the
study; and
(2) any recommendations of the Secretary based on such
findings.
(f) Education Initiative.--The Secretary shall carry out an
education initiative regarding the use of a qualified alternative
therapy for the treatment of the conditions referred to in subsection
(b)(1). In carrying out such initiative, the Secretary shall take into
consideration--
(1) to the extent practicable, the findings of the study
under subsection (a);
(2) the specific vulnerability to opioid abuse and
substance abuse disorder of individuals transitioning from
serving on active duty in the Armed Forces; and
(3) best practices for reducing the stigmatization of
qualified alternative therapies.
(g) Definitions.--In this section:
(1) The terms ``active duty'' and ``Armed Forces'' have the
meaning given those terms in section 101 of title 10, United
States Code.
(2) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Energy and Commerce of the
House of Representatives; and
(C) the Committee on Commerce, Science, and
Transportation of the Senate.
(3) The term ``qualified alternative therapy'' means--
(A) medicinal cannabis;
(B) methylenedioxymethamphetamine (commonly
referred to as MDMA); and
(C) psilocybin.
SEC. 744. REPORT ON COMPOSITION OF MEDICAL PERSONNEL OF EACH MILITARY
DEPARTMENT AND RELATED MATTERS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for five 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) Matters.--The report under subsection (a) shall include the
following:
(1) With respect to each military department, the
following:
(A) An identification of the total number of
medical personnel of the military department.
(B) An identification of the number of such medical
personnel who are officers in a grade above O-6.
(C) An identification of the number of such medical
personnel who are officers in a grade below O-7.
(D) An identification of the number of such medical
personnel who are enlisted members.
(E) An assessment of potential issues relating to
the composition of such medical personnel.
(F) 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.
(G) 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 advisability of establishing
within the Department of the Air Force, by not later than five
years after the date of the enactment of this Act, a position
of the Medical Officer of the Space Force with the
responsibilities of advising the Chief of Space Operations on
all matters relating to health care for members of the Space
Force and serving as the expert on such matters in working with
the heads of other Federal departments and agencies on related
issues.
(3) An assessment of the necessity of maintaining 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.
(c) Disaggregation of Certain Data.--The data specified in
subparagraphs (A) through (D) of subsection (b)(1) shall be presented
as a total number and disaggregated by each medical component of the
respective military department.
(d) Inclusion of Certain Demographic Data.--The data specified in
subparagraphs (A) through (D) of subsection (b)(1) shall include a
description and analysis of the demographic information of the medical
personnel covered by each such subparagraph, including with respect to
the following:
(1) Race (presented in the aggregate and disaggregated by
the same major race categories as are used in the decennial
census of population and housing conducted by the Director of
the Census Bureau).
(2) Ethnicity.
(3) Gender identity.
(e) Considerations in Assessing Certain Space Force Matter.--In
conducting the assessment pursuant to subsection (b)(2), the Secretary
of Defense shall take into consideration the tasks, operations, and
specific health care considerations that accompany the space
warfighting mission of the Space Force.
(f) Definitions.--In this section:
(1) The term ``covered position'' means a position for an
officer in a grade above O-6.
(2) The terms ``enlisted member'' and ``officer'' have the
meanings given those terms 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. 745. 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) is amended to read as follows:
``(A) Briefing; report.--The Comptroller General
shall submit to the Committees on Armed Services of the
House of Representatives and the Senate--
``(i) 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, not later than
December 27, 2022; and
``(ii) a report on such analyses not later
than May 31, 2023.''.
SEC. 746. REPORT ON FEASABILITY OF CERTAIN LICENSING MODELS FOR
DEPARTMENT OF DEFENSE-OWNED VACCINES AND OTHER MEDICAL
INTERVENTIONS RELATING TO COVID-19.
(a) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the feasibility of a
licensing model under which, with respect to Department of Defense-
owned vaccines or other medical interventions relating to COVID-19 that
are approved, licensed, or otherwise authorized for use in accordance
with applicable law, the Secretary would grant to Government-owned
contractor-operated manufacturers nonexclusive licenses to manufacture
such vaccines or other interventions.
(b) Matters.--The report under subsection (a) shall include an
evaluation of the estimated differences in the pricing of, and
equitable access to, the vaccines and other interventions specified in
such subsection, that may arise as a result of--
(1) the Secretary granting exclusive licenses to
manufacture such vaccines and other interventions, as compared
with nonexclusive licenses; and
(2) the Secretary granting either such license to
Government-owned contractor-operated manufacturers, as compared
with other manufacturers.
SEC. 747. STUDY ON THE IMPACT OF MILITARY TRAUMA AND INTIMATE PARTNER
VIOLENCE ON MATERNAL HEALTH OUTCOMES.
(a) Study.--The Secretary of Defense shall carry out a study on the
impact of military trauma and intimate partner violence on maternal
health outcomes, with a focus on racial and ethnic backgrounds.
(b) Report.--The Secretary of Defense shall issue a report to the
Congress containing all findings and determinations made in carrying
out the study required under subsection (a).
SEC. 748. REPORT ON COVERAGE OF BEHAVIORAL AND MENTAL HEALTH CRISIS
SERVICES UNDER TRICARE PROGRAM.
(a) Report.--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 scope of coverage
under the TRICARE program of inpatient and outpatient behavioral and
mental health crisis services.
(b) Matters.--The report under subsection (a) shall include, with
respect to the period beginning on January 1, 2019, and ending on
December 31, 2021, an identification of the following:
(1) The total amount of funds expended under the TRICARE
program on behavioral and mental health crisis services,
disaggregated by the site at which the service was furnished.
(2) The total amount of funds expended under such program
for other services furnished to individuals in behavioral or
mental health crisis.
(3) The provider types that billed for the services
specified in paragraphs (1) and (2).
(c) Definitions.--In this section:
(1) The term ``crisis services'' means the services
identified as such in the document of the Substance Abuse and
Mental Health Service Administration published in 2020, titled
``National Guidelines for Behavioral Health Crisis Care: Best
Practice Toolkit''.
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
SEC. 749. REPORT ON MENTAL HEALTH PROVIDER READINESS DESIGNATIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall update the registry and provider lists
under subsection (b) of section 717 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
868; 10 U.S.C. 1073 note) and submit to the congressional defense
committees a report containing--
(1) the number of providers that have received a mental
health provider readiness designation under such section 717,
disaggregated by geographic region and provider specialty; and
(2) recommendations to incentivize, or otherwise increase
the number of, providers with such designation.
SEC. 750. STUDY ON PROVIDER TRAINING GAPS WITH RESPECT TO SCREENING AND
TREATMENT OF MATERNAL MENTAL HEALTH CONDITIONS.
(a) Study.--The Secretary of Defense, acting through the Assistant
Secretary of Defense for Health Affairs, shall conduct a study to
identify gaps in the training of covered providers with respect to the
screening and treatment of maternal mental health conditions. Such
study shall include--
(1) an assessment of the level of experience of covered
providers with, and the attitudes of such providers regarding,
the treatment of pregnant and postpartum women with mental or
substance use disorders; and
(2) recommendations for the training of covered providers,
taking into account any training gaps identified pursuant to
the study.
(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 House of Representatives and the
Senate a report containing the findings of the study under section (a).
(c) Definitions.--In this section:
(1) The term ``covered provider'' means a maternal health
care provider or behavioral health provider furnishing services
under the military health system (including under the TRICARE
program).
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
SEC. 751. REPORT ON MENTAL HEALTH CONDITIONS AND METABOLIC DISEASE
AMONG CERTAIN MEMBERS OF ARMED FORCES.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall conduct a study, and submit to
Congress a report, on the rate of incidence of the simultaneous
presence among members of the Armed Forces serving on active duty of a
metabolic disease and a mental health condition (including post
traumatic stress disorder, depression, and anxiety) or substance use
disorder.
SEC. 752. STUDY ON ACCESSABILITY OF MENTAL HEALTH PROVIDERS AND
SERVICES FOR ACTIVE DUTY MEMBERS OF THE ARMED FORCES.
(a) Study.--The Secretary of Defense shall conduct a study on the
accessibility of mental health care providers and services for members
of the Armed Forces serving on active duty, including an assessment
of--
(1) the accessibility of mental health care providers on
military installations;
(2) the accessibility of inpatient services for mental
health care for such members; and
(3) steps that may be taken to improve such accessibility.
(b) Report.--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 containing the findings of the study under subsection
(a).
SEC. 753. HEALTH-RELATED BEHAVIORS SURVEY AND REPORT.
(a) Survey.--The Director of the Defense Health Agency shall
conduct a health-related behaviors survey among the members of the
Armed Forces.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Director of the Defense Health Agency shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report containing the results of the
survey under subsection (a).
SEC. 754. REPORT ON COORDINATION, DATA SHARING, AND EVALUATION EFFORTS
FOR SUICIDE PREVENTION.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the Secretary of
Health and Human Services and the Secretary of Veterans Affairs, shall
submit to each congressional committee with jurisdiction over the
Department of Defense, the Department of Veterans Affairs, and the
Department of Health and Human Services, a report on the coordination,
data sharing, and evaluation efforts on suicide prevention across these
departments. The report shall include:
(1) An overview of the functioning and core findings of the
Interagency Task Force on Military and Veterans Mental Health
since its creation in 2012.
(2) An accounting of the funding each Department has
obligated towards suicide prevention related research.
(3) An outline of methods of comparing programs and sharing
best practices for suicide prevention by each Department.
(4) An outline of the work to actively develop and improve
joint suicide prevention practices based on information
compiled and shared by each Department.
(5) An outline of the plan each Department has to achieve
greater government efficiency and cross-agency coordination,
data sharing, and evaluation in Federal suicide prevention
efforts, in line with Priority Goal 5 of the plan entitled,
``Reducing Military and Veteran Suicide'', published by the
White House in November 2021.
(6) Any other information the Secretary of Defense,
Secretary of Health and Human Services, or the Secretary of
Veterans Affairs determines to be appropriate.
SEC. 755. GAO STUDY ON DOD AND VA MAMMOGRAM AND BREAST CANCER SCREENING
POLICIES.
(a) Study.--The Comptroller General of the United States shall
conduct a review, beginning not later than 90 days after the date of
the enactment of this Act, to examine and determine whether current
Department of Defense and Department of Veterans Affairs policies allow
individuals with dense breast, regardless of age, with no-cost or low-
cost access through their health programs to all the screening and
diagnostic tools needed to confirm breast cancer, including when
standard mammograms are inconclusive or ineffective in doing so.
(b) Contents.--The study conducted pursuant to subsection (a)
shall--
(1) examine the utilization of existing screening and
diagnosis tools by participants in health programs administered
by the Department of Defense and Department of Veterans
Affairs, disaggregated by demographic characteristics;
(2) identify and examine barriers to greater access to such
tools in each such agency, including whether cost prevents
individuals from receiving additional breast cancer diagnostic
or screening exams that may confirm the presence of breast
cancer;
(3) make recommendations on how each such agency can
improve policies to best address the unique challenges
identifying breast cancer in those with dense breasts;
(4) analyze how well such agencies' policies regarding
breast cancer screening and diagnoses for those with dense
breast align with coverage under other Federal health care
programs such as Medicaid, Medicare, coverage on the Affordable
Care Act health care marketplace, and the recommendations of
the United States Preventive Services Task Force;
(5) identify the most recent time that relevant policies
were updated by each such agency and how often they are
currently reviewed or updated;
(6) analyze how well existing policies reflect or include
the best available science on helping women with dense breast
receive accurate diagnosis regarding the presence or absence of
cancer; and
(7) identify any efforts by each such agency to educate
health care providers who provide cancer screening, treatment,
or diagnosis services and patients receiving such services on
the limitations of mammograms in confirming breast cancer for
those with dense breasts.
(c) Consultation.--In conducting the study pursuant to subsection
(a), the Comptroller General may consult with breast cancer patients or
their advocates receiving care through the health care systems of the
Department of Defense and Department of Veterans Affairs, health care
providers supporting breast cancer care or organizations representing
such providers, other Federal agencies, and other stakeholders, as
appropriate.
(d) Study.--Not later than September 30, 2024, the Comptroller
General shall submit to the Congress a report on the study conducted
pursuant to subsection (a) containing a description of the study and
any findings and conclusions of the study.
SEC. 756. STUDY AND REPORT ON RATE OF CANCER-RELATED MORBIDITY AND
MORTALITY.
(a) In General.--The Secretary of Defense shall conduct, or enter
into a contract with an appropriate federally funded research and
development center to conduct, a study to assess whether individuals
(including individuals on active duty or in a reserve component or the
National Guard) assigned to the Pease Air Force Base and Pease Air
National Guard Base for a significant period of time during the period
of 1970 through 2020 experience a higher-than-expected rate of cancer-
related morbidity and mortality as a result of time on base or
exposures associated with time on base compared to the rate of cancer-
related morbidity and mortality of the general population of the United
States, accounting for differences in sex, age, and race.
(b) Completion; Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Defense shall provide for--
(1) the completion of the study under subsection (a); and
(2) the submission of a report on the results of the study
to the Committees on Armed Services of the Senate and House of
Representatives.
(c) Definition.--In this section, the term ``significant period of
time'' shall be defined by the Secretary of Defense or by the entity
conducting the study under subsection (a), as the Secretary determines
appropriate.
SEC. 757. GAO STUDY ON ACCESS TO EXCEPTIONAL FAMILY MEMBER PROGRAM AND
EXTENDED CARE HEALTH OPTION PROGRAM BY MEMBERS OF RESERVE
COMPONENTS.
(a) Study and Report.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the United States
shall--
(1) conduct a study to determine the barriers to members of
the reserve components accessing the Extended Care Health
Option program and the Exceptional Family Member program of the
Department of Defense; and
(2) submit to the Secretary of Defense and the
congressional defense committees a report containing the
findings of such study.
(b) Elements.--The report under subsection (a)(2) shall include the
following:
(1) A description of the methodology used by the Department
of Defense to disseminate information regarding the eligibility
of members of the reserve components for the Extended Care
Health Option program and the Exceptional Family Member program
upon such members commencing the performance of Active Guard
and Reserve duty.
(2) An identification of the timeline of the enrollment
process for members of the reserve components in such programs
and any effects of delayed enrollment, such as exclusion from
benefits or resources.
(3) An identification of impediments to enrollment in such
programs among such members, including an assessment of the
following:
(A) The availability of resources under such
programs, including specialist providers under the
Exceptional Family Member program, at the time of
enrollment in such programs.
(B) The availability of support under such programs
at facilities of the reserve components.
(C) Any misinformation provided to service members
seeking enrollment.
(4) With respect to the Exceptional Family Member program--
(A) an identification of the number of families
with a family member eligible to enroll in such
program, disaggregated by whether the member of the
reserve component in such family is performing Active
Guard and Reserve duty;
(B) an assessment of the effects of navigating the
process of enrollment in such program on the mission to
which the member is assigned while performing Active
Guard and Reserve duty; and
(C) an identification of the number of specialist
providers and staff who support reserve component
members through such program.
(5) Recommendations on improving the dissemination of
information regarding the eligibility of members of the reserve
components for the Extended Care Health Option program and the
Exceptional Family Member program.
(6) Recommendations on improvements to such programs with
respect to the reserve components.
(c) Active Guard and Reserve Defined.--The term ``Active Guard and
Reserve'' has the meaning given such term in section 101(b) of title
10, United States Code.
SEC. 758. KYLE MULLEN NAVAL SAFETY ENHANCEMENTS.
The Secretary of Defense, or his designee to Naval Special Warfare
Command, shall conduct an appraisal of and provide recommended policies
for improved medical care and oversight of individuals in the Navy
engaged in high-stress training environments, in an effort to ensure
sailor safety and prevent related long-term injury, illness, and death.
The Secretary of the Navy shall ensure that such recommended polices
are implemented to the full extent practicable and in a timely manner.
SEC. 759. REPORT ON OPERATIONAL AND PHYSICAL AND MENTAL HEALTH EFFECTS
OF LOW RECRUITMENT AND RETENTION TO ARMED FORCES.
The Secretary of Defense shall submit to the congressional defense
committees a report on the current operational tempo resulting from low
recruitment to and retention in the Armed Forces and the resulting
effects on the physical and mental health of members of the Armed
Forces.
SEC. 759A. REPORT ON MATERNAL MORTALITY RATES OF FEMALE MEMBERS OF THE
ARMED FORCES.
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 on how maternal mortality rates may
disproportionately affect female members of the Armed Forces (as
compared with female civilians). Such report shall include an
identification of any relevant barriers to the access of health care
for such female members and any recommendations by the Secretary to
improve such access and reduce such rates.
SEC. 759B. REPORT ON DEFENSE HEALTH AGENCY CONTRACTS.
Not later than February 1, 2023, the Director of the Defense Health
Agency shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report that includes, with respect to
fiscal years 2020, 2021, and 2022--
(1) the total number of contracts awarded by the Defense
Health Agency during each such fiscal year; and
(2) the number and percent of such contracts for each such
fiscal year that were--
(A) protested and the protest was upheld;
(B) standard professional services contracts;
(C) issued as a direct award;
(D) in the case of the contracts described in
subparagraph (C), exceeded $5 million in total value;
and
(E) awarded to the following:
(i) Businesses eligible to enter into a
contract under section 8(a) of the Small
Business Act (15 U.S.C. 637(a)).
(ii) Qualified HUBZone small business
concerns.
(iii) Small business concerns owned and
controlled by service-disabled veterans.
(iv) Small business concerns owned and
controlled by women (as defined in section
8(m)(1) of the Small Business Act (15 U.S.C.
637(m)(1)).
Subtitle D--Other Matters
SEC. 761. INCLUSION OF EXPOSURE TO PERFLUOROALKYL AND POLYFLUOROALKYL
SUBSTANCES AS COMPONENT OF PERIODIC HEALTH ASSESSMENTS.
(a) Periodic Health Assessment.--Each Secretary concerned shall
ensure that any periodic health assessment provided to a member of the
Armed Forces includes an evaluation of whether the member has been--
(1) based or stationed at a military installation
identified by the Secretary concerned as a location with a
known or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation; or
(2) exposed to such substances, including by evaluating any
information in the health record of the member.
(b) Separation History and Physical Examinations.--Section
1145(a)(5) of title 10, United States Code is amended by adding at the
end the following new subparagraph:
``(D) The Secretary concerned shall ensure that each physical
examination of a member under subparagraph (A) includes an assessment
of whether the member was--
``(i) based or stationed at a military installation
identified by the Secretary concerned as a location with a
known or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation; or
``(ii) exposed to such substances, including by assessing
any information in the health record of the member.''.
(c) Deployment Assessments.--Section 1074f(b)(2) of title 10,
United States Code, is amended by adding at the end the following new
subparagraph:
``(E) An assessment of whether the member was--
``(i) based or stationed at a military installation
identified by the Secretary concerned as a location
with a known or suspected release of perfluoroalkyl
substances or polyfluoroalkyl substances during the
period in which the member was based or stationed at
the military installation; or
``(ii) exposed to such substances, including by
assessing any information in the health record of the
member.''
(d) Provision of Blood Testing to Determine Exposure to
Perfluoroalkyl Substances or Polyfluoroalkyl Substances.--
(1) Provision of blood testing.--
(A) In general.--If a covered evaluation of a
member of the Armed Forces results in a positive
determination of potential exposure to perfluoroalkyl
substances or polyfluoroalkyl substances, the Secretary
concerned shall provide to that member, during the
covered evaluation, blood testing to determine and
document potential exposure to such substances.
(B) Inclusion in health record.--The results of
blood testing of a member of the Armed Forces conducted
under subparagraph (A) shall be included in the health
record of the member.
(2) Analysis of blood testing results.--
(A) 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,
consistent with Department of Defense Instruction
6055.05 (or such successor instruction), to track and
analyze, including through the identification and
analysis of trends, the results of blood testing
results provided pursuant to the paragraph (1) or under
section 707 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1441; 10 U.S.C. 1074m note).
(B) Annual reports.--Not later than two years after
the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to the
Committees on Armed Services of the House of
Representatives and the Senate a report containing a
summary of the results of blood testing provided
pursuant to paragraph (1), at a Department of Defense-
wide level.
(e) Definitions.--In this section:
(1) The term ``covered evaluation'' means--
(A) a periodic health assessment conducted in
accordance with subsection (a);
(B) a separation history and physical examination
conducted under section 1145(a)(5) of title 10, United
States Code, as amended by subsection (b); or
(C) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by subsection
(c).
(2) The term ``Secretary concerned'' has the meaning given
such term in section 101 of title 10, United States Code.
SEC. 762. MANDATORY TRAINING ON HEALTH EFFECTS OF PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES.
The Secretary of Defense shall provide to each medical provider of
the Department of Defense mandatory training with respect to the
potential health effects of perfluoroalkyl or polyfluoroalkyl
substances.
SEC. 763. NON-MEDICAL COUNSELING SERVICES FOR MILITARY FAMILIES.
Section 1781 of title 10, United States Code, is amended by adding
at the end the following new subsections:
``(d) Non-medical Counseling Services.--(1) In carrying out the
duties of the Office under subsection (b), the Director of Military
Family Readiness Policy may coordinate programs and activities for the
provision of non-medical counseling services to military families
through the Military and Family Counseling Program.
``(2) Notwithstanding any law regarding the licensure or
certification of mental health professionals, a mental health
professional described in paragraph (3) may provide non-medical
counseling services through the Military and Family Counseling Program
at any location in a State, the District of Columbia, or a
Commonwealth, territory or possession of the United States, without
regard to where the provider or recipient of such services is located
or the mode of the delivery of such services, if the provision of such
services is within the scope of the authorized Federal duties of the
professional.
``(3) A mental health professional described in this paragraph is
an individual who is--
``(A) a mental health professional who holds a current
license or certification that is--
``(i) issued by a State, the District of Columbia,
or a Commonwealth, territory, or possession of the
United States; and
``(ii) recognized by the Secretary of Defense;
``(B) a member of the uniformed services, a civilian
employee of the Department of Defense, or a contractor
designated by the Secretary of Defense; and
``(C) performing authorized duties for the Department of
Defense under a program or as part of an activity referred to
in paragraph (1).
``(e) Definitions.--In this section:
``(1) The term `Military and Family Counseling Program'
means the Military and Family Counseling Program of the
Department of Defense, or any successor program.
``(2) The term `non-medical counseling services' means
mental health care services that--
``(A) are non-clinical, short-term, and solution-
focused; and
``(B) address topics related to personal growth,
development, and positive functioning.''.
SEC. 764. CLARIFICATIONS RELATING TO ANALYSIS OF DEPARTMENT OF DEFENSE
COMPREHENSIVE AUTISM DEMONSTRATION PROGRAM BY NATIONAL
ACADEMIES.
(a) Clarifications.--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), by inserting ``broadly''
after ``disorder'';
(B) in subparagraph (C), by inserting ``parental
involvement in applied behavior analysis treatment,
and'' after ``including'';
(C) by amending subparagraph (D) to read as
follows:
``(D) A review of the health outcomes, including
mental health outcomes, for individuals who have
received applied behavioral analysis treatments over
time.'';
(D) in subparagraph (E), by inserting ``, since the
inception of such program,'' after ``demonstration
program'';
(E) in subparagraph (F), by striking
``effectiveness'' and inserting ``cost effectiveness,
program effectiveness, and clinical effectiveness'';
(F) in subparagraph (G), by inserting ``than in the
general population'' after ``military families'';
(G) by redesignating subparagraph (H) as
subparagraph (I); and
(H) by inserting after subparagraph (G), as amended
by subparagraph (F) of this paragraph, the following
new subparagraph:
``(H) An analysis on whether the diagnosis and
treatment of autism is more prevalent among the
children of military families than in the general
population.''; and
(2) in subsection (c), by striking ``nine months'' and
inserting ``two years and seven months''.
(b) Technical and Conforming Amendment.--Such section is further
amended by striking ``demonstration project'' each place it appears and
inserting ``demonstration program''.
SEC. 765. CLARIFICATION OF ELIGIBILITY FOR MEMBERSHIP TO INDEPENDENT
SUICIDE PREVENTION AND RESPONSE REVIEW COMMITTEE.
Section 738(b)(3) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1801) is amended by
inserting ``, unless the individual is a retired member of the Armed
Forces or a former civilian employee of the Department, or the
individual is hired for the purpose of serving on such committee''
after ``Department of Defense''.
SEC. 766. IMPROVEMENT TO WOUNDED WARRIOR SERVICE DOG PROGRAM.
Section 745 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (134 Stat. 3710; Public Law 10
U.S.C. 1071 note) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Grants.--
``(1) In general.--In carrying out the Wounded Warrior
Service Dog Program, the Secretary of Defense may award grants
to nonprofit organizations to provide assistance dogs under
such program.
``(2) Applications.--An applicant for a grant under
paragraph (1) shall submit an application at such time, in such
manner, and containing such information as the Secretary
determines.
``(3) Selection.--The Secretary shall select nonprofit
organizations that submit applications for the award of grants
under the Wounded Warrior Service Dog Program using a
competitive process.
``(4) Considerations for grant amount.--In determining the
amount of a grant to award to a nonprofit organization selected
under paragraph (3), the Secretary shall consider the
following:
``(A) The merits of the application submitted by
the nonprofit organization.
``(B) Whether, and to what extent, there is demand
by covered members or covered veterans for assistance
dogs provided by the nonprofit organization.
``(C) The capacity and capability of the nonprofit
organization to raise and train assistance dogs to meet
such demand.
``(D) Such other factors as the Secretary may
determine appropriate.
``(5) Limitation on grant amounts.--The amount of a grant
awarded to a nonprofit organization selected under paragraph
(3) may not exceed $2,000,000.''.
SEC. 767. IMPROVEMENTS RELATING TO BEHAVIORAL HEALTH CARE AVAILABLE
UNDER MILITARY HEALTH SYSTEM.
(a) Expansion of Certain Behavioral Health Programs at the
Uniformed Services University of the Health Sciences.--
(1) Establishment of graduate programs.--The Secretary of
Defense shall establish graduate degree-granting programs in
counseling and social work at the Uniformed Services University
of the Health Sciences.
(2) Expansion of clinical psychology graduate program.--The
Secretary of Defense shall take such steps as may be necessary
to expand the clinical psychology graduate program of the
Uniformed Services University of the Health Sciences.
(3) Post-award employment obligation.--
(A) Agreement with secretary.--Subject to
subparagraph (B), as a condition of enrolling in a
degree-granting program in clinical psychology, social
work, or counseling at the Uniformed Services
University of the Health Sciences, a civilian student
shall enter into an agreement with the Secretary of
Defense pursuant to which the student agrees that, if
the student does not become a member of a uniformed
service upon graduating such program, the student shall
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 student was enrolled in such program.
(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
employment obligation specified in such subparagraph.
(C) Repayment.--A civilian graduate who does not
complete the employment obligation required under the
agreement entered into pursuant to subparagraph (A)
shall repay to the Secretary of Defense a prorated
portion of the student's costs of attendance in the
program described in such paragraph. The amount of such
prorated portion shall be determined by the Secretary.
(D) Applicability.--This subsection shall apply to
civilian students who enroll in the first year of a
degree-granting program in clinical psychology, social
work, or counseling at the Uniformed Services
University of the Health Sciences on or after the date
of the enactment of this Act.
(4) Implementation plan.--Not later than one year after the
date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees a plan for the
implementation of this subsection. Such plan shall include--
(A) a determination as to the resources for
personnel and facilities required for such
implementation;
(B) estimated timelines for such implementation;
and
(C) a projection of the number of graduates from
the programs specified in paragraph (1) upon the
completion of such implementation.
(b) Scholarship-for-service Program for Civilian Behavioral Health
Providers.--
(1) In general.--Beginning not later than two years after
the date of the enactment of this Act, the Secretary of Defense
shall carry out a program under which--
(A) the Secretary may provide--
(i) direct grants to cover tuition, fees,
living expenses, and other costs of attendance
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.--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). The amount of such prorated portion shall be
determined by the Secretary.
(4) Implementation plan.--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 plan for
the implementation of this subsection. Such plan shall
include--
(A) a determination as to the resources required
for such implementation;
(B) estimated timelines for such implementation;
and
(C) a projection of the number of recipients of
assistance under paragraph (1) upon the completion of
such implementation.
(c) Report on Behavioral Health Workforce.--
(1) Report.--Not later than 90 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 TRICARE program and submit to the
congressional defense committees 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 TRICARE program, 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 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 180 days after the date of the enactment of this Act, the
Secretary shall submit to the congressional defense committees a plan
to address any shortfall of the behavioral health workforce identified
under subsection (c)(1)(G). 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 ``cost of attendance'' has the meaning given
that term in section 472 of the Higher Education Act of 1965
(20 U.S.C. 1087ll).
(4) 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.
(5) 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.
(6) 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).
(7) The term ``military behavioral health provider'' means
a behavioral health provider who is a member of the Armed
Forces.
(8) The term ``military installation'' has the meaning
given that term in section 2801 of title 10, United States
Code.
(9) The term ``military medical treatment facility'' means
a facility specified in section 1073d of such title.
(10) The term ``remote installation'' means a military
installation that the Secretary determines to be in a remote
location.
(11) The term ``State'' means each of the several States,
the District of Columbia, and each commonwealth, territory or
possession of the United States.
(12) The term ``TRICARE program'' has the meaning given
that term in section 1072 of title 10, United States Code.
SEC. 768. ASSIGNMENT OF BEHAVIORAL HEALTH PROVIDERS AND TECHNICIANS TO
AIRCRAFT CARRIERS.
(a) Assignment.--Beginning not later than December 31, 2023, the
Secretary of the Navy shall ensure there is assigned to each aircraft
carrier not fewer than two military behavioral health providers and not
fewer than two behavioral health technicians.
(b) Definitions.--In this section:
(1) The term ``behavioral health'' includes clinical
psychology, social work, counseling, and related fields.
(2) The term ``behavioral health technician'' means an
enlisted member of the Armed Forces who is trained to perform
clinical activities in support of a licensed behavioral health
provider.
(3) The term ``military behavioral health provider'' means
a behavioral health provider who is a member of the Armed
Forces.
SEC. 769. DEPARTMENT OF DEFENSE INTERNSHIP PROGRAMS RELATING TO
CIVILIAN BEHAVIORAL HEALTH PROVIDERS.
(a) Internship Programs for Civilian Behavioral Health.--
(1) Establishment of programs.--The Secretary of Defense
shall establish paid pre-doctoral and post-doctoral internship
programs for the purpose of training clinical psychologists to
work as covered civilian behavioral health providers.
(2) Employment obligation.--
(A) In general.--Subject to subparagraph (B), as a
condition of participating in an internship program
under paragraph (1), the participant shall enter into
an agreement with the Secretary of Defense pursuant to
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.
(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
employment obligation specified in such subparagraph.
(3) Repayment.--An individual who participates in an
internship program 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 cost of administering such
program with respect to such individual and of any payment
received by the individual under such program. The amount of
such prorated portion shall be determined by the Secretary.
(4) Implementation plan.--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 plan for
the implementation of this subsection. Such plan shall include
an explanation of how the Secretary will adjust the workload
and staffing of behavioral health providers in military medical
treatment facilities to ensure sufficient capacity to supervise
participants in the internship programs under paragraph (1).
(b) 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 such title.
SEC. 770. 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, beginning upon the accession of a member to
the Armed Forces and repeated at regular intervals
thereafter, with the goal of detecting any need for
cognitive enhancement or restoration resulting from
potential brain exposures of the member, 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 development of a resource that would set
forth specific criteria used in the awarding of
potential grants for research projects relating to the
direct correlation of environmental exposures and brain
injuries to the brain health of members of the Armed
Forces.
(H) The incorporation 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, into
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,
to produce more efficient and effective results.
(c) 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 congressional defense committees a report setting
forth a strategy and implementation plan of the Department of Defense
to achieve the objectives of the Initiative under subsection (b).
(d) 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.
(e) Annual Reports.--Not later than January 31, 2024, and annually
thereafter until January 31, 2030, the Secretary of Defense shall
submit to the congressional defense committees 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).
(f) 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. 771. AUTHORITY TO CONDUCT PILOT PROGRAM RELATING TO MONITORING OF
BLAST OVERPRESSURE EXPOSURE.
(a) Authority.--The Director of the Defense Health Agency may
conduct, as part of the initiative of the Department of Defense known
as the ``Warfighter Brain Initiative'' (or any successor 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.
(b) Locations.--Monitoring activities under a pilot program
conducted pursuant to subsection (a) shall be carried out in each
training environment that the Director determines poses a risk for
blast overpressure exposure.
(c) Documentation and Sharing of Data.--If the Director conducts a
pilot program pursuant to subsection (a), the Director shall--
(1) 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
(2) 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.
SEC. 772. STANDARDIZATION ACROSS DEPARTMENT OF DEFENSE OF POLICIES
RELATING TO SERVICE BY INDIVIDUALS DIAGNOSED WITH HBV.
(a) In General.--The Secretary of Defense, in coordination with the
Secretaries concerned, shall--
(1) review regulations, establish policies, and issue
guidance relating to service by individuals diagnosed with HBV,
consistent with the health care standards and clinical
guidelines of the Department of Defense; and
(2) identify areas where 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) Awareness, Education, and Training.--
(1) Reviews and recommendations.--The Secretary of Defense
shall--
(A) conduct a review of the education, training,
and resources furnished to members of the Armed Forces
regarding the regulations and policies of the
Department of Defense that govern the screening,
documentation, treatment, management, and practice
standards for individuals diagnosed with HBV, including
a review of the awareness and understanding of such
policies within clinical settings;
(B) conduct a review of the resources and support
services furnished to members of the Armed Forces
diagnosed with HBV, including any resources containing
information on--
(i) the health care options of the member;
or
(ii) regulations or policies of the
Department relating to such diagnosed members;
and
(C) identify recommendations, based on the findings
of the reviews conducted under subsections (A) and (B),
to improve the awareness and understanding of
regulations and policies of the Department for
individuals diagnosed with HBV.
(2) Provision of education, training, resources, and
support.--The Secretary of Defense, taking into account the
recommendations under paragraph (1)(C), shall provide to
members of the Armed Forces--
(A) education, training, and resources to increase
awareness and understanding of the regulations and
policies of the Department of Defense that govern the
screening, documentation, treatment, management, and
practice standards for individuals diagnosed with HBV,
including in health care settings; and
(B) in the case of members of the Armed Forces
diagnosed with HBV, education, resources, and support
services regarding the regulations and policies of the
Department relating to such diagnosed members,
including with respect to enlistments, assignments,
deployments, retention standards, and health care
services available to such members.
(c) 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. 773. CERTIFICATION PROGRAM IN PROVISION OF MENTAL HEALTH SERVICES
TO MEMBERS OF THE ARMED FORCES, VETERANS, AND MILITARY
FAMILIES.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of Veterans Affairs and 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, veterans, 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.
(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) Report.--Not later than 180 days after the termination date
specified in subsection (d), the Secretary of Defense shall submit to
the appropriate congressional committees a report on the results of the
curriculum and certification program developed and implemented under
this section.
(f) 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 Health, Education, Labor, and Pensions of
the Senate.
(2) The term ``institution of higher education'' has the
meaning given that term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
SEC. 774. PILOT PROGRAM ON CRYOPRESERVATION AND STORAGE.
(a) Pilot Program.--The Secretary of Defense shall establish a
pilot program to provide not more than 1,000 members of the Armed
Forces serving on active duty with the opportunity to cryopreserve and
store their gametes prior to deployment in support of combat or special
operations.
(b) Period.--
(1) In general.--The Secretary shall provide for the
cryopreservation and storage of gametes of a participating
member of the Armed Forces under subsection (a), at no cost to
the member, in a facility of the Department of Defense or at a
private entity pursuant to an agreement under subsection (d)
until the date that is one year after the retirement,
separation, or release of the member from the Armed Forces.
(2) Continued cryopreservation and storage.--At the end of
the one-year period specified in paragraph (1), the Secretary
shall authorize an individual whose gametes were cryopreserved
and stored in a facility of the Department as described in such
paragraph to select, including pursuant to an advance medical
directive or military testamentary instrument completed under
subsection (c), one of the following options:
(A) To continue such cryopreservation and storage
in such facility with the cost of such cryopreservation
and storage borne by the individual.
(B) To transfer the gametes to a private
cryopreservation and storage facility selected by the
individual.
(C) To authorize the Secretary to dispose of the
gametes of the individual not earlier than the date
that is 90 days after the end of the one-year period
specified in paragraph (1) with respect to the
individual.
(c) Advance Medical Directive and Military Testamentary
Instrument.--A member of the Armed Forces who elects to cryopreserve
and store their gametes under this section shall complete an advance
medical directive described in section 1044c(b) of title 10, United 25
States Code, and a military testamentary instrument described in
section 1044d(b) of such title, that explicitly specifies the use of
their cryopreserved and stored gametes if such member dies or otherwise
loses the capacity to consent to the use of their cryopreserved and
stored gametes.
(d) Agreements.--To carry out this section, the Secretary--
(1) may enter into agreements with private entities that
provide cryopreservation and storage services for gametes; and
(2) in selecting such private entities with which to enter
into agreements, shall (to the maximum extent practicable)
select such private entities that offer multi-site storage and
fertility testing services prior to cryopreservation.
SEC. 775. PILOT PROGRAM FOR PARTICIPATION BY MEMBERS OF SELECTED
RESERVE IN HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAMS.
(a) Pilot Program.--Notwithstanding section 2123 of title 10,
United States Code, and in accordance with such regulations as may be
prescribed by the Secretary of Defense for the purpose of carrying out
this section, each Secretary of a military department shall carry out a
pilot program under which that Secretary may modify service obligations
for certain individuals under the health professions scholarship and
financial assistance program of that military department, to expand
participation in such program to such individuals.
(b) Eligibility.--To be eligible for participation in the pilot
program under subsection (a), in addition to meeting the eligibility
requirements under section 2122 of title 10, United States Code, an
individual may not have previously been a member of the health
professions scholarship and financial assistance program.
(c) Conditions on Participation.--
(1) In general.--As a condition of participating in the
pilot program under subsection (a), an individual eligible
under subsection (b) shall enter into an agreement with the
Secretary of the military department concerned pursuant to
which the individual agrees--
(A) to participate as a member of the health
professions scholarship and financial assistance
program of that military department;
(B) to complete courses of study and specialized
training under such program in a health profession
discipline designated by that Secretary as a critically
needed wartime discipline; and
(C) upon completion of participation in such
program, to satisfy, in lieu of the active duty
obligation under section 2123 of title 10, United
States Code, a service obligation in the Selected
Reserve of the Ready Reserve of that military
department for the period described in paragraph (2).
(2) Length of period of service.--The period described in
this paragraph is a period of time of a length determined by
the Secretary of the military department concerned, except that
such period may not be shorter than a period equal to--
(A) each year of participation in the health
professions scholarship and financial assistance
program pursuant to paragraph (1)(A) multiplied by two
and a half; plus
(B) if such participation was for a period of two
years or fewer, an additional two and a half years.
(3) Details of service obligation.--Unless otherwise
specified by the Secretary of the military department
concerned--
(A) any period of time spent in intern or residency
training shall not be creditable in satisfying the
service obligation under paragraph (1)(C);
(B) any period of time used to satisfy another
military service obligation shall not be creditable in
satisfying the service obligation under paragraph
(1)(C); and
(C) the period described in paragraph (2) shall be
a consecutive period of time.
(4) Failure to complete.--
(A) Alternative obligations.--A participant in the
pilot program under subsection (a) who is relieved of
the service obligation under paragraph (1)(C) before
the completion of that service obligation may be given,
with or without the consent of the participant, either
of the following alternative obligations, as determined
by the Secretary of the military department concerned:
(i) A service obligation in the Selected
Reserve of the Ready Reserve of another
military department for a period of time not
less than the remaining service obligation of
the participant.
(ii) Repayment to the Secretary of Defense
of a percentage of the total cost incurred by
the Secretary under such pilot program on
behalf of the member pursuant to the repayment
provisions of section 303a(e) or 373 of title
37, United States Code.
(B) Civilian employee alternative.--In addition to
the alternative obligations specified in subparagraph
(A), if a participant in the pilot program under
subsection (a) is relieved of the service obligation
under paragraph (1)(C) by reason of the separation of
the participant because of a physical disability, the
Secretary of the military department concerned may give
the participant a service obligation as a civilian
employee employed as a health care professional in a
facility of the uniformed services for a period of time
determined by that Secretary, but not to exceed the
remaining service obligation of the participant.
(d) Metrics and Evaluations.--The Secretary of Defense shall
establish metrics, and carry out evaluations using such metrics, to
determine the effectiveness of the pilot program under subsection (a).
(e) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate on October 1, 2027.
(f) Briefings.--Not later than 180 days prior to the date on which
the pilot program under subsection (a) terminates, each Secretary of a
military department shall provide to the Committees on Armed Services
of the House of Representatives and the Senate a briefing on the
effectiveness of the pilot program.
(g) Definitions.--In this section:
(1) The terms ``course of study'' and ``specialized
training'' have the meaning given those terms in section 2120
of title 10, United States Code.
(2) The term ``health professions scholarship and financial
assistance program'' has the meaning given the term ``program''
under such section.
(3) The term ``member of the health professions scholarship
and financial assistance program'' has the meaning given the
term ``member of the program'' under such section.
SEC. 776. PILOT PROGRAM ON ENSURING PHARMACEUTICAL SUPPLY STABILITY.
(a) In General.--Not later than January 1 2024, the Secretary of
Defense, acting through the Director of the Defense Logistics Agency,
shall establish a pilot program to acquire, manage, and replenish a
180-day supply of at least 30 commonly used generic drugs at risk of
shortage under the military health system as a result of a
pharmaceutical supply chain disruption, to ensure the stability of such
supply.
(b) Military Medical Treatment Facilities.--The Secretary of
Defense shall select for participation in the pilot program established
under subsection (a) not fewer than five military medical treatment
facilities that are--
(1) located in the continental United States; and
(2) at the greatest risk of pharmaceutical supply chain
disruption, as determined by the Secretary.
(c) Elements.--In carrying out the pilot program established under
subsection (a), the Secretary of Defense shall--
(1) use the systems and processes of the Direct Vendor
Delivery System established by section 352 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 10 U.S.C. 2458 note);
(2) include the establishment of a vendor managed inventory
approach to pharmaceutical distribution, to acquire, manage,
and replenish the vendor-held supply described in subsection
(a) to prevent product expiration and shortages; and
(3) ensure guaranteed Department of Defense access to the
vendor managed inventory approach specified in paragraph (2).
(d) Termination.--The pilot program established under this section
shall terminate on the date that is three years after the date of the
enactment of this Act.
(e) Initial Report.--Not later than 30 days after the date of the
establishment of the pilot program under subsection (a), the Secretary
of Defense shall submit to the Committees on Armed Services of the
House of Representatives and Senate a report on the design of the pilot
program. Such report shall include--
(1) a description of the military medical treatment
facilities selected under subsection (b) and the generic drugs
selected for the pilot program pursuant to subsection (a);
(2) the plan for the implementation and management of the
pilot program; and
(3) key performance indicators to measure the success of
the pilot program in ensuring the availability of generic drugs
selected for the pilot program pursuant to subsection (a).
(f) Final Report.--Not later than 180 days after the termination
date under subsection (d), the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and Senate
a final report on the results of the pilot program. The report shall
include--
(1) measurements of key performance indicators identified
in the initial report required under subsection (e);
(2) an analysis of the success of the pilot program in
preventing shortages of commonly used generic drugs within the
military medical treatment facilities selected under subsection
(b); and
(3) recommendations for further expansions of the pilot
program, including any legislative or regulatory proposals the
Secretary determines would reduce supply chain risk to commonly
used generic drugs under the military health system.
(g) Definitions.--In this section:
(1) The term ``generic drug'' means a drug (as defined in
section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 231)) that is approved pursuant to section 505(j) of
such Act (21 U.S.C. 355(j)).
(2) The term ``pharmaceutical supply chain disruption''
means a disruption described in the report of the Inspector
General of the Department of Defense titled ``Evaluation of the
Department of Defense's Mitigation of Foreign Suppliers in the
Pharmaceutical Supply Chain'' (DODIG-2021-126) and published on
September 20, 2021.
SEC. 777. 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. 778. GRANT PROGRAM FOR INCREASED COOPERATION ON POST-TRAUMATIC
STRESS DISORDER RESEARCH BETWEEN UNITED STATES AND
ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense, acting through the Psychological Health and
Traumatic Brain Injury Research Program, should seek to explore
scientific collaboration between American academic institutions and
nonprofit research entities, and Israeli institutions with expertise in
researching, diagnosing, and treating post-traumatic stress disorder.
(b) Grant Program.--The Secretary of Defense, in coordination with
the Secretary of Veterans Affairs and the Secretary of State, shall
award grants to eligible entities to carry out collaborative research
between the United States and Israel with respect to post-traumatic
stress disorders. The Secretary of Defense shall carry out the grant
program under this section in accordance with the agreement titled
``Agreement Between the Government of the United States of America and
the Government of Israel on the United States-Israel Binational Science
Foundation'', dated September 27, 1972.
(c) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be an academic institution or a nonprofit
entity located in the United States.
(d) Award.--The Secretary shall award grants under this section to
eligible entities that--
(1) carry out a research project that--
(A) addresses a requirement in the area of post-
traumatic stress disorders that the Secretary
determines appropriate to research using such grant;
and
(B) is conducted by the eligible entity and an
entity in Israel under a joint research agreement; and
(2) meet such other criteria that the Secretary may
establish.
(e) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and containing such commitments
and information as the Secretary may require.
(f) Gift Authority.--The Secretary may accept, hold, and
administer, any gift of money made on the condition that the gift be
used for the purpose of the grant program under this section. Such
gifts of money accepted under this subsection shall be deposited in the
Treasury in the Department of Defense General Gift Fund and shall be
available, subject to appropriation, without fiscal year limitation.
(g) Reports.--Not later than 180 days after the date on which an
eligible entity completes a research project using a grant under this
section, the Secretary shall submit to Congress a report that
contains--
(1) a description of how the eligible entity used the
grant; and
(2) an evaluation of the level of success of the research
project.
(h) Termination.--The authority to award grants under this section
shall terminate on the date that is 7 years after the date on which the
first such grant is awarded.
SEC. 779. 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 appropriate congressional committees a
notification of such determination.
(c) 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.
(d) Briefing.--Not later than April 1, 2023, the Secretary of
Defense shall provide to the appropriate congressional committees 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.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services of the House of
Representatives.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Transportation and
Infrastructure of the House of Representatives.
(D) The Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101 of title 10, United States Codes.
SEC. 780. LIMITATION ON REALIGNMENT OR REDUCTION OF MILITARY MEDICAL
MANNING END STRENGTH: CERTIFICATION REQUIREMENT AND OTHER
REFORMS.
(a) Limitation.--
(1) In general.--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), the Secretary of Defense and the Secretaries
concerned may not realign or reduce military medical end
strength authorizations during the period described in
paragraph (2), and after such period, may not realign or reduce
such authorizations unless--
(A) the report is submitted under subsection (b);
and
(B) the certification is submitted under subsection
(c).
(2) Covered period.--The period described in this paragraph
is a period of at least three years that begins on the date of
the enactment of this Act.
(b) 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
military medical manning requirements and submit to 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:
(1) The National Defense Strategy submitted under section
113(g) of title 10, United States Code.
(2) The National Military Strategy prepared under section
153(b) of such title.
(3) The campaign plans of the combatant commands.
(4) Theater strategies.
(5) 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).
(6) 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).
(7) The plan of the Department of Defense on global patient
movement, as updated pursuant to paragraph (2) of such section.
(8) The biosurveillance program of the Department of
Defense established pursuant to Department of Defense Directive
6420.02 (relating to biosurveillance).
(9) Requirements for graduate medical education.
(10) 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).
(11) 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.
(12) Such other reports as may be determined appropriate by
the Secretary of Defense.
(c) 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:
(1) 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.
(2) A justification for any proposed increase, realignment,
reduction, or other change to the specialty and 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 subsection (b).
(3) 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.
(4) A risk analysis associated with the potential
realignment or reduction of any military medical end strength
authorizations.
(5) An identification of any plans of the Department to
backfill military medical personnel positions with civilian
personnel.
(6) 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.
(7) A comprehensive plan to mitigate any risk identified
pursuant to paragraph (4) or (6), including with respect to
funding necessary for such mitigation across fiscal years.
(d) Interim Briefings and 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 how the Secretary plans to meet the report
requirement under subsection (b) and the certification
requirement under subsection (c).
(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 such requirements.
(3) 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 required under subsection (b) and the
certification required under subsection (c).
(e) Definitions.--In this section:
(1) The term ``medical personnel'' has the meaning given
such term in section 115a(e) of such title.
(2) 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. 781. REVIEW AND UPDATE OF POLICY RELATING TO COMMAND NOTIFICATION
PROCESS AND REDUCTION OF MENTAL HEALTH STIGMA.
(a) Review and Update.--
(1) In general.--Not later than October 1, 2023, the
Secretary of Defense, in coordination with the Secretaries of
the military departments, shall review and update the
Department of Defense Instruction 6490.08, titled ``Command
Notification Requirements to Dispel Stigma in Providing Mental
Health Care to Service Members'', or any successor instruction.
(2) Elements.--In carrying out the review and update of the
instruction under paragraph (1), the Secretary shall ensure the
updated version--
(A) provides health care providers with clear
guidance on the process and timeline for making a
required command notification;
(B) provides for the protection of the privacy of
mental health information shared through such
notification process, including by--
(i) restricting access to such information
to personnel for whom such specific knowledge
is necessary for the conduct of official
duties;
(ii) requiring that military commanders,
and any other personnel with access to such
information, treat such information as any
other health information, including with
respect to applicable privacy laws; and
(iii) setting forth updated training
requirements for military commanders on the
treatment of such information; and
(C) directs military commanders to take steps to
further reduce the stigma of mental health among
members of the Armed Forces, including by promoting
mental health care as equivalent to other types of
health care.
(b) Report.--Not later than April 1, 2023, the Secretary of Defense
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the progress made towards
the completion of the review and update under subsection (a).
SEC. 782. GRANT PROGRAM TO STUDY TREATMENT OF POST-TRAUMATIC STRESS
DISORDER USING CERTAIN PSYCHEDELIC SUBSTANCES.
(a) Grant Program.--The Secretary of Defense shall carry out a
program to award grants to eligible entities to conduct research on the
treatment of members of the Armed Forces serving on active duty with
post-traumatic stress disorder using covered psychedelic substances.
(b) Criterion for Approval.--The Secretary may award a grant under
this section to an eligible entity to conduct research if the Secretary
determines that the research involves a therapy that has the potential
to demonstrate significant medical evidence of a therapeutic advantage.
(c) Eligible Entities.--The Secretary may award a grant under this
section to any of the following:
(1) A department or agency of the Federal Government or a
State government.
(2) An academic institution.
(3) A nonprofit entity.
(d) Use of Grant Funds.--A recipient of a grant awarded under this
section may use the grant to--
(1) conduct one or more phase two clinical trials for the
treatment of post-traumatic stress disorder that--
(A) include members of the Armed Forces serving on
active duty as participants in the clinical trial; and
(B) use individual or group therapy assisted by
covered psychedelic substances; or
(2) train practitioners to provide treatment to members of
the Armed Forces serving on active duty for post-traumatic
stress disorder using covered psychedelic substances.
(e) Participation in Clinical Trials.--The Secretary may authorize
a member of the Armed Forces to participate in a clinical trial that is
conducted using a grant awarded under this section or funds provided
under subsection (f) and is authorized pursuant to section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), without regard
to--
(1) whether the clinical trial involves a substance
included in the schedule under section 202 of the Controlled
Substances Act (21 U.S.C. 812); or
(2) section 912a of title 10, United States Code (article
112a of the Uniform Code of Military Justice).
(f) Additional Authority.--In addition to awarding grants under
this section, the Secretary may provide funds for a clinical research
trial using covered psychedelic substances that is authorized pursuant
to section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) and includes members of the Armed Forces as participants in the
trial.
(g) Definitions.--In this section:
(1) The term ``covered psychedelic substances'' means any
of the following:
(A) 3,4-methylenedioxy-methamphetamine (commonly
known as ``MDMA'').
(B) Psilocybin.
(C) Ibogaine.
(D) 5-Methoxy-N,N-dimethyltryptamine (commonly
known as ``5-MeO-DMT'').
(2) The term ``State'' includes any State, district,
territory, or possession of the United States.
SEC. 783. PILOT PROGRAMS OF DEFENSE HEALTH AGENCY RELATING TO SEXUAL
HEALTH.
(a) Telehealth Pilot Program on Sexual Health.--
(1) Establishment.--The Director of the Defense Health
Agency shall carry out a five-year telehealth pilot program for
sexual health (in this subsection referred to as the
``telehealth pilot program'').
(2) Eligibility.--An individual is eligible to participate
in the telehealth pilot program if the individual is a member
of the uniformed services on active duty enrolled in TRICARE
Prime, without regard to whether a health care professional has
referred the individual for such participation.
(3) Applications.--
(A) In general.--Eligible individuals seeking to
participate in the telehealth pilot program shall
submit to the Director an application for participation
at such time, in such form, and containing such
information as the Director may prescribe.
(B) Online accessibility.--Any application form
under subparagraph (A) shall be accessible online.
(4) Number of participants.--In selecting participants for
the telehealth pilot program from among eligible individuals
who have submitted an application in accordance with paragraph
(3), the Director may establish a cap limiting the number of
such participants only if--
(A) the Director determines that such limited
participation is necessary as a result of limited
provider availability; and
(B) not later than 30 days after making such
determination, the Director submits to the
congressional defense committees a report that
includes--
(i) a description of the limited provider
availability upon which the Director has based
such determination;
(ii) an identification of the total number
of eligible individuals who have submitted an
application in accordance with paragraph (3);
and
(iii) an estimated timeline for lifting the
cap established.
(5) Telehealth screenings.--
(A) In general.--Under the telehealth pilot
program, the Director shall furnish to any eligible
individual who elects to participate in such program a
telehealth screening. During such screening, a health
care provider shall--
(i) conduct a remote assessment with
respect to the individual's sexual health,
including any medication conditions related to
the individual's sexual health
(ii) provide comprehensive counseling on
the full range of methods of contraception
available to the individual, in accordance with
the clinical practice guidelines established
under section 718 of the National Defense
Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 686; 10 U.S.C. 1074d
note);
(iii) as applicable, diagnose the
individual or, pursuant to subparagraph (B),
order appropriate follow-up diagnostic services
as necessary as a result of the assessment
under clause (i); and
(iv) prescribe such prescription
medications, including contraceptives or Pre-
Exposure Prophylaxis, as may be determined
necessary by the provider as a result of such
assessment.
(B) Laboratory diagnostic services.--In diagnosing
an individual under subparagraph (A)(iii), a health
care provider may furnish to the individual such
laboratory diagnostic services as may be necessary for
the diagnosis (including mail-order laboratory
diagnostic services).
(C) Prescriptions.--The Director shall ensure that
prescriptions under subparagraph (A)(iv) may be filled
through either military medical treatment facility
pharmacies or the national mail-order pharmacy program
under the TRICARE program.
(6) Follow-up remote appointments.--If a health care
provider prescribes medications to an individual pursuant to a
screening under the telehelath pilot program, that health care
provider shall conduct such follow-up remote appointments as
may be necessary to monitor the health of the individual
following fulfilment of the prescription.
(7) Coordination with facilities.--The Director shall
coordinate with each military commander or director of a
military medical treatment facility to facilitate the provision
through the facility of laboratory and other services necessary
for the furnishment of screenings and the fulfilment of
prescriptions under the telehealth pilot program.
(8) Contract authority.--In carrying out the telehealth
pilot program, the Director may enter into contracts under such
program with providers of mail-order laboratory services and
providers of mail-order contraceptives or Pre-Exposure
Prophylaxis for the furnishment of laboratory services or the
fulfilment of prescriptions under paragraph (5).
(9) Reports.--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 congressional
defense committees a report on the status and effects of the
telehealth pilot program. Each such report shall include, with
respect to the year covered by the report, the following:
(A) The number of health care providers who have
furnished services under the telehealth pilot program,
dissagregated by whether the provider is a TRICARE
network provider.
(B) The average wait time for screenings under the
telehealth pilot program.
(C) Any effect of the telehealth pilot program with
respect to the Defense Health Agency.
(D) Such other information relating to the status
or effect of the telehealth pilot program as may be
determined relevant by the Secretary.
(b) Pilot Program on Required Sexual Health Screenings.--
(1) In general.--The Director of the Defense Health Agency
shall carry out a five-year pilot program to require certain
sexual health screenings (in this subsection referred to as the
``pilot program'').
(2) Sexual health screenings.--
(A) In general.--Under the pilot program, the
Director shall ensure that, during the period in which
the pilot program is carried out, each covered member
completes a sexual health screening on an annual basis
and prior to any deployment of the covered member.
(B) Notice requirement.--The Director shall ensure
that, prior to a covered member receiving a sexual
health screening under the pilot program, the covered
member is provided notice, and submits an
acknowledgment, that the results of such screening
shall be subject to the confidentiality provisions
under paragraph (3).
(C) Option for follow-up appointment.--Following
the provision of a sexual health screening to a covered
member under the pilot program, the covered member may
elect to receive a follow-up appointment related to
such screening. Any such follow-up appointment shall be
conducted by the provider specified in paragraph (4)
responsible for reviewing the results of the screening.
(3) Confidentiality.--
(A) Transmission of results outside chain of
command.--Except as provided in subparagraph (B), the
results of a sexual health screening furnished to a
covered member under the pilot program shall be
transmitted for review to the provider specified in
paragraph (4) at the military medical treatment
facility nearest to the location at which the screening
was furnished. Such results may not be transmitted to
or otherwise accessed by the following:
(i) Any individual in the chain of command
of the covered member.
(ii) The primary health care provider for
the unit of the covered member.
(B) Exception at election of member.--The results
of a sexual health screening furnished to a covered
member under the pilot program may be transmitted for
review to, or otherwise accessed by, the primary health
care provider for the unit of the covered member at the
election of the covered member.
(C) Severability of results.--If a sexual health
screening under the pilot program is furnished as part
of a periodic health assessment (or other similar
assessment) provided to a covered member, the results
of such screening shall be separated from the other
results of the assessment for purposes of separate
transmission and review in accordance with subparagraph
(A).
(4) Sexual health or infectious disease health care
providers.--The Director shall ensure that at each military
medical treatment facility there is a health care provider with
a specialty in sexual health or infectious diseases who shall
review screening results under the pilot program.
(5) Reports.--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 congressional
defense committees a report on the status and effects of the
pilot program.
(c) Definitions.--In this section:
(1) The term ``covered member'' means a member of a
uniformed service described in section 1074(a)(2) of title 10,
United States Code.
(2) The term ``military medical treatment facility'' means
a facility specified in section 1073d of title 10, United
States Code.
(3) The terms ``TRICARE Prime'' and ``TRICARE program''
have the meaning given those terms in section 1072 of such
title.
SEC. 784. DROP BOXES ON MILITARY INSTALLATIONS FOR DEPOSIT OF UNUSED
PRESCRIPTION DRUGS.
(a) Drop Boxes.--The Secretary of Defense shall ensure there is
maintained on each military installation a drop box that is accessible
to members of the Armed Forces and the family members thereof, into
which such members and family members may deposit unused prescription
drugs.
(b) Prescription Drug Defined.--In this section, the term
``prescription drug'' has the meaning given that term in section
1074g(i) of title 10, United States Code.
SEC. 785. FUNDING FOR PANCREATIC CANCER RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 1405 for the Defense Health Program, as specified in the
corresponding funding table in section 4501, for Defense Health
Program, R&D research is hereby increased by $5,000,000 (with the
amount of such increase to be used in support of the CRDMP Program for
Pancreatic Cancer Research).
(b) 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, as specified
in the corresponding funding table in section 4301, for administration
and service-wide activities, Defense Human Resources Activity, line
240, is hereby reduced by $5,000,000.
SEC. 786. PSYCHOLOGICAL EVALUATIONS FOR MEMBERS OF THE ARMED FORCES
RETURNING FROM KABUL.
(a) Initial Evaluation.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide an
initial psychological evaluation to each member of the Armed Forces
who--
(1) served at the Hamid Karzai International Airport in
Kabul, Afghanistan, between August 15 and August 29, 2021; and
(2) has not already received a psychological evaluation
with respect to such service.
(b) Additional Evaluations.--The Secretary of Defense shall provide
to each member of the Armed Forces who receives a psychological
evaluation under subsection (a), or would have received such an
evaluation but for the application of subsection (a)(2)--
(1) an additional psychological evaluation not later than
two years after the date of the enactment of this Act; and
(2) a second additional psychological evaluation not later
than five years after the date of the enactment of this Act.
(c) Reporting Requirement.--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 on the number of members
of the Armed Forces, broken down by component (National Guard, Reserve,
and Active), that are eligible for, and receive, an initial
psychological evaluation--
(1) under subsection (a); or
(2) otherwise resulting from service at the Hamid Karzai
International Airport in Kabul, Afghanistan, between August 15
and August 29, 2021.
SEC. 787. ANNUAL REVIEW AND UPDATE OF ONLINE INFORMATION RELATING TO
SUICIDE PREVENTION.
Not later than September 30, 2023, and on an annual basis
thereafter, each Secretary of a military department shall--
(1) review any information relating to suicide prevention
or behavioral health, including any contact information for
related resources, that is published on an Internet website of
the military department at the installation level;
(2) make updates to such information as may be necessary;
and
(3) submit to the congressional defense committees a
certification that such information is up-to-date.
SEC. 788. FUNDING FOR POST-TRAUMATIC STRESS DISORDER.
(a) Funding.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by
section 1405 for the Defense Health Program, as specified in the
corresponding funding table in such division, is hereby increased by
$2,500,000 for post-traumatic stress disorder.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by
section 1405 for the Defense Health Program, as specified in the
corresponding funding tables in division D, for Private Sector Care is
hereby reduced by $2,500,000.
SEC. 789. INCREASED COLLABORATION WITH NIH TO COMBAT TRIPLE NEGATIVE
BREAST CANCER.
(a) In General.--The Office of Health of the Department of Defense
shall work in collaboration with the National Institutes of Health to--
(1) identify specific genetic and molecular targets and
biomarkers for triple negative breast cancer; and
(2) provide information useful in biomarker selection, drug
discovery, and clinical trials design that will enable both--
(A) triple negative breast cancer patients to be
identified earlier in the progression of their disease;
and
(B) the development of multiple targeted therapies
for the disease.
(b) Funding.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by
section 1405 for the Defense Health Program, as specified in the
corresponding funding tables in division D, is hereby increased by
$10,000,000 to carry out subsection (a).
(c) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by
section 1405 for the Defense Health Program, as specified in the
corresponding funding tables in division D, for Private Sector Care is
hereby reduced by $10,000,000.
SEC. 790. PILOT PROGRAM TO IMPROVE MILITARY READINESS THROUGH NUTRITION
AND WELLNESS INITIATIVES.
(a) Pilot Program.--The Secretary of Defense, in consultation with
the Secretaries of the military departments, shall carry out a pilot
program to improve military readiness through nutrition and wellness
initiatives.
(b) Unit Selection.--The Secretary of Defense shall select for
participation in the pilot program under subsection (a) a unit at a
basic training facility or an early instructional facility of a
military department.
(c) Elements.--The pilot program under subsection (a) shall include
the following activities:
(1) The development, and administration to the unit
selected pursuant to subsection (b), of an educational
curriculum relating to nutrition, physical fitness, the proper
use of supplements, and any other human performance elements
determined relevant by the Secretary of the military department
with jurisdiction over the unit.
(2) The provision to the unit of health-related testing.
(3) The provision to the unit of dietary supplements.
(d) Implementing Partner.--
(1) Selection.--The Secretary of Defense shall select as an
implementing partner a single contractor to both carry out all
of the activities under subsection (c) and manufacture at a
manufacturing facility owned by the contractor the dietary
supplements to be provided pursuant to subsection (c)(3). In
making such selection, the Secretary shall ensure that the
contractor enforces an appropriate level of third-party review
with respect to the quality and safety of products
manufactured, as determined by the Secretary.
(2) Considerations.-- In selecting the contractor under
paragraph (1), the Secretary shall consider the following:
(A) Whether the contractor has the ability to carry
out each activity under subsection (c), in addition to
the ability to manufacture the dietary supplements to
be provided pursuant to subsection (c)(3).
(B) Whether the manufacturing facility of the
contractor is a fully independent, third-party
certified, manufacturing facility that holds the
highest ``Good Manufacturing Practice'' certification
or rating possible, as issued by a regulatory agency of
the Federal government.
(C) Whether the manufacturing facility of the
contractor, and all finished products manufactured
therein, have been verified by a third-party as free
from banned substances and contaminants.
(D) Whether the contractor is in compliance with
the adverse event reporting policy and third-party
adverse event monitoring policy of the Food and Drug
Administration.
(E) Whether the contractor implements a stability
testing program that supports product expiration
dating.
(F) Whether the contractor has a credible and
robust environment, social, and governance policy that
articulates responsibilities and annual goals.
(G) Whether the contractor has demonstrated at
least five years of operation as a business in good
standing in the industry.
(H) Whether the contractor has a demonstrated
history of maintaining relationships with nationally-
recognized medical and health organizations.
(e) Coordination.--In carrying out the pilot program under
subsection (a), the contractor selected under subsection (d) shall
coordinate with the following:
(1) Command, training, and medical officers and
noncommissioned officers.
(2) Outside experts (including experts with relevant
experience from research and testing organizations, credible
medical committees, or hospitals) that may lend personalized
support, capture data, and facilitate third-party adverse event
reporting.
(f) Duration.--The pilot program under subsection (a) shall be for
a period of six months.
(g) Report.--Upon the termination of the pilot program under
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a report on the results of the pilot
program, including any findings or data from the pilot program, and a
recommendation by the Secretary of Defense for improvements to the
readiness of the Armed Forces based on such findings and data.
SEC. 791. GUIDANCE FOR ADDRESSING HEALTHY RELATIONSHIPS AND INTIMATE
PARTNER VIOLENCE THROUGH TRICARE PROGRAM.
The Secretary of Defense shall disseminate guidance on--
(1) the provision through the TRICARE Program of universal
education on healthy relationships and intimate partner
violence; and
(2) implementation of protocols through the TRICARE Program
for--
(A) routine assessment of intimate partner violence
and sexual assault; and
(B) promotion and strategies for trauma-informed
care plans.
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.
(a) In General.--Chapter 87 of title 10, United States Code, is
amended by inserting after section 1742 the following new section:
``Sec. 1743. Writing award to encourage curiosity and persistence in
overcoming obstacles in the defense acquisition system
``(a) Establishment.--The President of the Defense Acquisition
University shall establish an award to recognize members of the
acquisition workforce 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).
``(b) Submission Required.--A member of the acquisition workforce
desiring an award under this section shall submit to the President such
first-hand account.
``(c) Amount of Award.--A recipient of an award under this section
shall receive $10,000.
``(d) Number of Awards.--The President of the Defense Acquisition
University may make not more than five awards each year.
``(e) Webpage.--The President of the Defense Acquisition University
shall establish and maintain a webpage to serve as a repository for
submissions made under subsection (b). Such webpage shall allow for
public comments and discussion.
``(f) Contents of Submission.--The recipient of an award under this
section shall demonstrate in the submission described under subsection
(b)--
``(1) 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
``(2) the use of an iterative writing process, including
evidence of--
``(A) critical thinking;
``(B) incorporation of feedback from diverse
perspectives; and
``(C) editing to achieve plain writing (as defined
in section 3 of the Plain Writing Act of 2010 (5 U.S.C.
301 note)).
``(g) 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. Writing award to encourage curiosity and persistence in
overcoming obstacles in acquisition.''.
SEC. 802. DATA REQUIREMENTS FOR COMMERCIAL ITEM PRICING NOT BASED ON
ADEQUATE PRICE COMPETITION.
(a) Information Required.--Section 3455 of title 10, United States
Code, is amended--
(1) in subsection (b)--
(A) by inserting ``(1)'' before ``A subsystem'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(C) by adding at the end the following new
paragraph:
``(2) With respect to a subsystem for which a contracting officer
made a determination under paragraph (1)(B) and for a subsystem
proposed as commercial (as defined in section 103(1) of title 41,
United States Code) and that has not previously been determined
commercial in accordance with section 3703(d) of this title, the
offeror shall provide the following information:
``(A) An identification of a comparable commercial product
that is customarily used by the general public or
nongovernmental entities that serves as the basis for assertion
that the proposed subsystem is a commercial product.
``(B) A comparison of the essential physical
characteristics and functionality between the proposed
subsystem and the comparable commercial product in support of
such assertion.
``(C) The national stock number (as defined in section 101-
30.101-3 of title 41, Code of Federal Regulations (or a
successor regulation)), if available, for the comparable
commercial product and the proposed subsystem.'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(3) With respect to components or spare parts proposed as
commercial for which a contracting officer made a determination under
paragraph (1)(B), the offeror shall provide the following information
for components or spare parts proposed as commercial (as defined in
section 103(1) of title 41, United States Code) and that have not
previously been determined commercial in accordance with section
3703(d) of this title:
``(A) An identification of a comparable commercial product
that is customarily used by the general public or
nongovernmental entities that serves as the basis for the
assertion that the proposed components or spare parts are
commercial products.
``(B) A comparison of the essential physical
characteristics and functionality between the proposed
components or spare parts and the comparable commercial product
in support of such assertion.
``(C) The national stock number (as defined in section 101-
30.101-3 of title 41, Code of Federal Regulations (or a
successor regulation)), if available, for the comparable
commercial product and the proposed components or spare
parts.''.
(b) Modifications to Information Submitted.--Section 3455(d) is
amended--
(1) in the subsection heading, by inserting ``for Certain
Procurements'' after ``Submitted'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``section,'' and all that follows through ``to
submit'' and inserting ``section that are not subject
to the exceptions in section 3703(a)(1) of this title,
the offeror shall be required to submit to or to
provide access to the contracting officer, on an
unredacted basis'';
(B) in subparagraph (A)--
(i) by inserting ``all'' before ``prices
paid''; and
(ii) by inserting ``, and the contents of
such terms and conditions'' after ``commercial
customers'';
(C) in subparagraph (B)--
(i) by striking ``information on'' and all
that follows through ``same or similar'' and
inserting ``information on prices for the same
or similar'';
(ii) by striking ``conditions;'' and
inserting ``conditions, and the contents of
such terms and conditions; and''; and
(iii) by striking clauses (ii), (iii), and
(iv).
(D) in subparagraph (C)--
(i) by striking ``reasonableness of
price,'' and inserting the following:
``reasonableness of price because the
comparable 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 prices
paid, the offeror shall be required to
provide''; and
(ii) by inserting before the period at the
end the following: ``, where a request for cost
data shall be approved at a level above the
contracting officer''.
SEC. 803. PREFERENCE FOR DOMESTIC FOODS FOR MILITARY WORKING DOGS.
(a) In General.--Chapter 287 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 3906. Preference for domestic foods for military working dogs
``With respect to the acquisition of food for military working dogs
by the Defense Logistics Agency, the Director of the Defense Logistic
Agency shall give a preference for the acquisition of food that is
manufactured or produced--
``(1) in the United States;
``(2) by an entity that is based in the United States; and
``(3) using only ingredients and materials that were grown,
mined, manufactured, or produced in the United States.''.
(b) Clerical Amendment.--The table of chapters for chapter 287 of
title 10, United States Code, is amended by adding at the end the
following new item:
``3906. Preference for domestic food for military working dogs.''.
SEC. 804. LIFE CYCLE MANAGEMENT AND PRODUCT SUPPORT.
Section 4324(b) of title 10, United States Code, is amended--
(1) by designating the matter preceding subparagraph (A),
as so redesignated, as paragraph (1);
(2) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), and (8) as subparagraphs (A), (B), (C), (D), (E),
(F), (G), and (I), respectively;
(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 after ``approved life
cycle sustainment plan'' the following:
``approved by all covered individuals for such
covered system'';
(B) by amending subparagraph (G), as so
redesignated, to read as follows:
``(G) an intellectual property management plan for
product support, including access to technical data and
computer software, as well as contract delivery
requirements for the data rights;'';
(C) by inserting after subparagraph (G), as so
redesignated, the following new subparagraph:
``(H) an estimate of the number of personnel needed
to operate and maintain the covered system;'';
(D) in subparagraph (I), as so redesignated, by
striking the period at the end and inserting ``; and''
at the end; and
(E) by inserting after subparagraph (I), as so
redesignated, the following new subparagraph:
``(J) a product support business case analysis
that--
``(i) addresses--
``(I) the costs, benefits, and
risks to sustainment associated with
the performance goals;
``(II) the engineering and design
considerations;
``(III) intellectual property,
including access to technical data and
computer software; and
``(IV) the number of personnel
needed to operate and maintain the
covered system; and
``(ii) explicitly addresses--
``(I) the tradeoffs made between
the factors described in clause (i);
and
``(II) the associated implications
of such tradeoffs for--
``(aa) design, development,
production, and operating and
support costs;
``(bb) operational and
materiel availability;
``(cc) the mix of active
and reserve components of the
military, Government civilian
employee, host nation support,
and contractor personnel to
operate and maintain the
covered system; and
``(dd) the ability of the
Government to retain core
logistics capability identified
under section 2464 and comply
with the requirements under
section 2466.''; and
(4) by adding at the end the following new paragraphs:
``(2) Subsequent phases.--Before granting approval for
entry of the covered system into each subsequent phase of the
acquisition after the phase described in section 4172(e)(7),
the milestone decision authority shall ensure that the life
cycle sustainment plan described in paragraph (1) for such
covered system has been updated and again approved by all
covered individuals for such covered system.
``(3) Covered individuals defined.--In this subsection, the
term `covered individuals' means--
``(A) a product support manager described in
subsection (c);
``(B) a program manager (as defined in section
1737(a));
``(C) a program executive officer (as defined in
section 1737(a)); and
``(D) an appropriate materiel, logistics, or fleet
representative.''.
SEC. 805. EXTENSION OF REQUIREMENT TO SUBMIT SELECTED ACQUISITION
REPORTS.
(a) Repeal of Termination.--Section 4351 of title 10, United States
Code, is amended by striking subsection (j).
(b) Repeal of Termination of Certain Additional Reports.--Section
1051(x) of the National Defense Authorization Act for Fiscal Year 2018
is amended by striking paragraph (4).
SEC. 806. AMENDMENTS TO CONTRACTOR EMPLOYEE PROTECTIONS FROM REPRISAL
FOR DISCLOSURE OF CERTAIN INFORMATION.
(a) Defense Contracts.--
(1) Addition of grantees, subgrantees, and personal
services contractors.--Section 4701 of title 10, United States
Code, is amended--
(A) in subsection (a), in paragraphs (2)(G) and
(3)(A), by striking ``or subcontractor'' and inserting
``, subcontractor, grantee, subgrantee, or personal
services contractor'';
(B) in subsection (a)(2), by adding at the end the
following new subparagraphs:
``(H) The Pandemic Response Accountability
Committee (established under section 15010 of title V
of division B of the CARES Act (Public Law 116-136)).
``(I) The Integrity Committee of the Council of the
Inspectors General on Integrity and Efficiency.''.
(C) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``contractor
concerned'' and inserting ``contractor,
subcontractor, grantee, subgrantee, or
personal services contractor
concerned'';
(II) by inserting before the period
at the end of the first sentence the
following: ``, or to the Special
Inspector General for Pandemic Recovery
or the Chair of the Pandemic Response
Accountability Committee'';
(III) by striking ``Inspector
General determines'' and inserting
``Inspector General, Special Inspector
General, or Chair (as applicable)
determines''; and
(IV) by striking ``Inspector
General shall'' and inserting
``Inspector General, Special Inspector
General, or Chair (as applicable)
shall'';
(ii) in paragraph (2), by striking
``Inspector General'' each place it appears and
inserting ``Inspector General, Special
Inspector General, or Chair (as applicable)'';
and
(iii) in paragraph (3), by striking
``Inspector General'' each place it appears and
inserting ``Inspector General, Special
Inspector General, or Chair (as applicable)'';
(D) in subsection (c)--
(i) in the matter preceding subparagraph
(A) of paragraph (1), by striking ``contractor
concerned'' and inserting ``contractor,
subcontractor, grantee, subgrantee, or personal
services contractor concerned''; and
(ii) in paragraph (1), by inserting after
``Order the contractor'' each place it appears
the following: ``, subcontractor, grantee,
subgrantee, or personal services contractor'';
(iii) in paragraph (2), by inserting after
``contractor'' the following: ``,
subcontractor, grantee, subgrantee, or personal
services contractor'';
(E) in subsection (d), by striking ``and
subcontractors'' and inserting ``, subcontractors,
grantees, subgrantees, and personal services
contractors''; and
(F) in subsection (e)(2)--
(i) in the matter preceding subparagraph
(A), by striking ``or grantee of'' and
inserting ``grantee, subgrantee, or personal
services contractor of''; and
(ii) in subparagraph (B), by striking ``or
grantee'' and inserting ``grantee, or
subgrantee''.
(2) Additional amendments.--Such section is further amended
in subsection (c)(1) by adding at the end the following new
subparagraph:
``(D) Consider disciplinary or corrective action against
any Department or Administration official, if appropriate.''.
(b) Civilian Agency Contracts.--
(1) In general.--Section 4712 of title 41, United States
Code, is amended--
(A) in subsection (a)(2)(G), by striking ``or
subgrantee'' and inserting ``subgrantee, or personal
services contractor'';
(B) in subsection (a)(2), by adding at the end the
following new subparagraphs:
``(H) The Pandemic Response Accountability
Committee (established under section 15010 of title V
of division B of the CARES Act (Public Law 116-136)).
``(I) The Integrity Committee of the Council of the
Inspectors General on Integrity and Efficiency.'';
(C) in subsection (b)(1), by striking ``or
subgrantee'' and inserting ``subgrantee, or personal
services contractor'';
(D) in subsection (c)--
(i) in paragraph (1)--
(I) by striking ``or subgrantee''
each place it appears and inserting
``subgrantee, or personal services
contractor''; and
(II) by adding at the end the
following new subparagraph:
``(D) Consider disciplinary or corrective action
against any executive branch official, if
appropriate.''; and
(ii) in paragraph (2), by striking ``or
subgrantee'' and inserting ``subgrantee, or
personal services contractor'';
(E) in subsection (d), by striking ``and
subgrantees'' and inserting ``subgrantees, and personal
services contractors'';
(F) in subsection (f)(2)--
(i) in the matter preceding subparagraph
(A), by striking ``or subgrantee'' and
inserting ``subgrantee, or personal services
contractor''; and
(ii) in subparagraph (B), by striking ``or
subgrantee'' and inserting ``subgrantee, or
personal services contractor''; and
(G) by amending subsection (g)(2) to read as
follows:
``(2) The term `Inspector General' means any Inspector
General established by Federal law, including--
``(A) an Inspector General appointed under the
Inspector General Act of 1978 (5 U.S.C. App.);
``(B) the Special Inspector General for Pandemic
Recovery;
``(C) the Special Inspector General for Afghanistan
Reconstruction;
``(D) the Special Inspector General for the
Troubled Asset Relief Program; and
``(E) any Inspector General that receives funding
from, or has oversight over contracts awarded for or on
behalf of, the executive agency concerned.''.
(2) Additional amendments.--
(A) In general.--Section 4705 of title 41, United
States Code, is repealed.
(B) Conforming amendments.--
(i) Title 38.--Subchapter II of chapter 7
of title 38, United States Code, is amended--
(I) in section 731(c)(4)--
(aa) by striking ``section
4705(b) or''; and
(bb) by striking ``, as the
case may be''; and
(II) in section 733(a)(5), by
striking ``section 4705 or''.
(ii) Title 49.--Section 40110(d)(2)(C) of
title 49, United States Code, is amended by
inserting ``, as in effect immediately before
the enactment of the National Defense
Authorization Act for Fiscal Year 2022,''
before ``shall apply''.
SEC. 807. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Assessment Required.--
(1) 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
assessing the domestic source content of procurements carried
out in connection with a major defense acquisition program.
(2) Information repository.--The Secretary of Defense shall
establish an information repository for the collection and
analysis of information related to domestic source content for
products the Secretary deems critical, where such information
can be used for continuous data analysis and program management
activities.
(b) Enhanced Domestic Content Requirement.--
(1) In general.--Except as provided in paragraph (2), for
purposes of chapter 83 of title 41, United States Code,
manufactured articles, materials, or supplies procured in
connection with a major defense acquisition program are
manufactured substantially all from articles, materials, or
supplies mined, produced, or manufactured in the United States
if the cost of such component articles, materials, or
supplies--
(A) supplied not later than the date of the
enactment of this Act, exceeds 60 percent of cost of
the manufactured articles, materials, or supplies
procured;
(B) supplied during the period beginning January 1,
2024, and ending December 31, 2028, exceeds 65 percent
of the cost of the manufactured articles, materials, or
supplies; and
(C) supplied on or after January 1, 2029, exceeds
75 percent of the cost of the manufactured articles,
materials, or supplies.
(2) Exclusion for certain manufactured articles.--Paragraph
(1) shall not apply to manufactured articles that consist
wholly or predominantly of iron, steel, or a combination of
iron and steel.
(3) Rulemaking to create a fallback threshold.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall issue rules to determine the treatment of
the lowest price offered for a foreign end product for
which 55 percent or more of the component articles,
materials, or supplies of such foreign end product are
manufactured substantially all from articles,
materials, or supplies mined, produced, or manufactured
in the United States if--
(i) the application paragraph (1) results
in an unreasonable cost; or
(ii) no offers are submitted to supply
manufactured articles, materials, or supplies
manufactured substantially all from articles,
materials, or supplies mined, produced, or
manufactured in the United States.
(B) Termination.--Rules issued under this paragraph
shall cease to have force or effect on January 1, 2030.
(4) Applicability.--The requirements of this subsection--
(A) shall apply to contracts entered into on or
after the date of the enactment of this Act; and
(B) shall not apply to a country that is a member
of the national technology and industrial base (as
defined by section 4801 of title 10, United States
Code).
(c) Major Defense Acquisition Program Defined.--The term ``major
defense acquisition program'' has the meaning given in section 4201 of
title 10, United States Code.
SEC. 808. MISSION-BASED RAPID ACQUISITION ACCOUNT.
(a) Establishment.--There is established in the Department of
Defense an account to be known as the ``Mission-Based Rapid Acquisition
Account'' (in this section referred to as the ``Account'') to support
the pilot program.
(b) Use of Funds.--The Deputy Secretary of Defense may use the
funds in the Account to carry out the pilot program.
(c) Semiannual Briefing.--The Deputy Secretary of Defense shall
include in each briefing submitted under subsection (f)(1)(A) of
section 871 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1855; 10 U.S.C. 191 note) after the
date of the enactment of this Act a briefing on the use of funds in the
Account, including--
(1) how the Deputy Secretary of Defense has used such funds
to incent new small businesses to enter transactions for
prototype projects with the Department;
(2) support the rapid transition of the solutions described
in subsection (c)(2)(B) of such section 871 to warfighters; and
(3) whether additional funding flexibility is needed to
scale technologies.
(d) Pilot Program Defined.--In this section, the term ``pilot
program'' means the pilot program established under section 871 of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 1855; 10 U.S.C. 191 note).
SEC. 809. PREFERENCE FOR OFFERORS THAT MEET CERTAIN REQUIREMENTS.
(a) In General.--Chapter 241 of title 10, United States Code, is
amended by adding at the end the following new section:
``SEC. 3310. PREFERENCE FOR OFFERORS THAT MEET CERTAIN REQUIREMENTS.
``(a) In General.--In awarding contracts for the procurement of
goods or services, the Secretary of Defense shall prioritize offerors
that meet any of the following qualifications:
``(1) The offeror has entered into an agreement--
``(A) with a labor organization;
``(B) that provides the manner in which the offeror
will--
``(i) act with respect to lawful efforts by
such labor organization to organize the
employees of such offeror, including an
agreement that the offeror will not assist,
deter, or promote such efforts; and
``(ii) engage in collective bargaining with
such labor organization; and
``(C) that is effective for the duration of the
contract to be awarded.
``(2) The offeror has entered into an agreement with a
majority of the employees of the offeror or a labor
organization, effective for the duration of the contract to be
awarded, not to hire individuals to replace any employee of the
offeror engaged in any strike, picketing, or other concerted
refusal to work or to close a business in response to such a
strike, picketing, or other refusal to work.
``(3) The offeror has a collective bargaining agreement
with a labor organization or a majority of the employees of the
offeror.
``(b) Prioritization Order.--The Secretary of Defense shall further
prioritize an offeror under subsection (a) for each qualification
described in such subsection that such offeror meets.
``(c) Application.--The prioritization required under this section
shall--
``(1) be applied after any other preference or priority
applicable to the award of the contract;
``(2) be accorded weight that is not less than such other
preference or priority; and
``(3) not be construed as superseding or replacing any such
other preference or priority.
``(d) Rule of Construction.--Nothing in this section shall be
construed to preempt, displace, or supplant any provision of the
National Labor Relations Act (29 U.S.C. 151 et seq.).
``(e) Employee; Employer; Labor Organization Defined.--In this
section, the terms `employee', `employer', and `labor organization'
have the meanings given such terms in section 2 of the National Labor
Relations Act (29 U.S.C. 152).''.
(b) Clerical Amendment.--The table of sections for Chapter 241 of
title 10, United States Code, is amended by adding at the end the
following new item:
``3310. Preference for offerors that meet certain requirements.''.
(c) Applicability.--This section and the amendments made by this
section shall apply only with respect to contracts entered into on or
after the date of the enactment of this Act.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. MEMBERSHIP OF COAST GUARD ON STRATEGIC MATERIALS PROTECTION
BOARD.
Section 187(a)(2) of title 10, United States Code, is amended by
adding at the end the following:
``(F) A senior official of the Coast Guard, as designated
by the Secretary of the agency or department in which the Coast
Guard operates, only with respect to matters of the Board
relating to the Coast Guard.''.
SEC. 812 . COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS AND
EFFORTS.
Section 3072 of title 10, United States Code, is amended--
(1) in the section heading, by striking ``initiatives'' and
inserting ``efforts'';
(2) in subsection (a)--
(A) by striking ``initiatives'' and inserting
``efforts''; and
(B) by striking ``2023'' and inserting ``2026'';
(3) in subsection (b), by striking ``initiatives'' each
place it appears and inserting ``efforts''; and
(4) in subsection (c)--
(A) in the subsection heading, by striking
``Initiatives'' and inserting ``Efforts''; and
(B) by striking ``initiatives'' each place it
appears and inserting ``efforts''.
SEC. 813. SUBCONTRACTING REQUIREMENTS FOR CERTAIN CONTRACTS AWARDED TO
EDUCATIONAL INSTITUTIONS.
(a) In General.--Section 3204 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(h) Subcontracting Requirements for Contracts Awarded to
Educational Institutions.--
``(1) In general.--The head of an agency shall require that
a contract awarded to an educational institution pursuant to
subsection (a)(3)(B) includes a requirement that the
educational institution subcontract with one or more minority
institutions for a total amount of not less than 2 percent of
the amount awarded in the contract.
``(2) Minority institution.--In this subsection, the term
`minority institution' means--
``(A) a part B institution (as that term is defined
in section 322(2) of the Higher Education Act of 1965
(20 U.S.C. 1061(2))); or
``(B) any other institution of higher education (as
that term is defined in section 101 of such Act (20
U.S.C. 1001)) for 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.''.
(b) Effective Date.--The amendments made by subsection (a) shall--
(1) take effect on October 1, 2026; and
(2) apply with respect to contracts awarded by the
Secretary of Defense on or after such date.
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 TO INDEMNIFICATION AUTHORITY FOR RESEARCH AND
DEVELOPMENT CONTRACTS.
(a) In General.--Section 3861 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``Secretary of the
military department concerned'' and inserting ``Secretary of
Defense'';
(2) in subsection (c), by striking ``Secretary'' and all
that follows through ``by him,'' and inserting ``Secretary of
Defense''; and
(3) in subsection (d), by striking ``Secretary concerned''
and inserting ``Secretary of Defense''.
(b) Conforming Amendment.--Section 1684 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
2123) is amended by inserting ``or the Secretary of Defense, as
applicable,'' after ``Secretary concerned''.
(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. 816. COMPETITION REQUIREMENTS FOR PURCHASES FROM FEDERAL PRISON
INDUSTRIES.
(a) Competition Requirements for Purchases From Federal Prison
Industries.--Section 3905 of title 10, United States Code, is amended
by striking subsections (a) and (b) and inserting the following new
sections:
``(a) Market Research.--Before purchasing a product listed in the
latest edition of the Federal Prison Industries catalog published under
section 4124(d) of title 18, the Secretary of Defense shall conduct
market research to determine whether such product--
``(1) is comparable to products available from the private
sector; and
``(2) best meets the needs of the Department of Defense in
terms of price, quality, and time of delivery.
``(b) Competition Requirement.--If the Secretary determines that a
Federal Prison Industries product is not comparable to products
available from the private sector and does not best meet the needs of
the Department of Defense in terms of price, quality, or time of
delivery, the Secretary shall use competitive procedures or make an
individual purchase under a multiple award contract for the procurement
of the product. In conducting such a competition or making such a
purchase, the Secretary shall consider a timely offer from Federal
Prison Industries.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on February 1, 2023.
SEC. 817. CLARIFICATION OF AUTHORITY OF THE DEPARTMENT OF DEFENSE TO
CARRY OUT CERTAIN PROTOTYPE PROJECTS.
Subsection (f) of section 4022 of title 10, United States Code, is
amended to read as follows:
``(f) Follow-on Production Contracts or Transactions.--(1) A
transaction entered into under this section for a prototype project
shall provide for the award of a follow-on production contract or
transaction to the participants in the transaction. A transaction
includes all individual prototype subprojects awarded under the
transaction to a consortium of United States industry and academic
institutions.
``(2) A follow-on production contract or transaction provided for
in a transaction under paragraph (1) may be awarded to the participants
in the transaction without the use of competitive procedures,
notwithstanding the requirements of chapter 221 of this title and even
if explicit notification was not listed within the request for proposal
for the transaction if--
``(A) competitive procedures were used for the selection of
parties for participation in the transaction; and
``(B) the participants in the transaction successfully
completed the prototype project provided for in the
transaction.''.
SEC. 818. REQUIREMENTS FOR THE PROCUREMENT OF CERTAIN COMPONENTS FOR
CERTAIN NAVAL VESSELS AND AUXILIARY SHIPS.
(a) Requirements for the Procurement of Certain Components for
Naval Vessels.--Section 4864(a)(2) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(G) Ship shafts and propulsion system components
(including reduction gears and propellers).''.
(b) 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 (3) of
section 4864(a) of title 10, United States Code, is amended to
read as follows:
``(3) Components for auxiliary ships.--Subject to
subsection (k), the following components:
``(A) Large medium-speed diesel engines.
``(B) Propulsion system components, including
reduction gears and propellers.''.
(3) Implementation.--Subsection (k) of section 4864 of
title 10, United States Code, as redesignated by paragraph (1),
is amended to read as follows:
``(k) Implementation of Auxiliary Ship Component Limitation.--
Subsection (a)(3) shall apply only with respect to contracts awarded by
a Secretary of a military department for construction of a new class of
auxiliary ship after the date of the enactment of this Act using funds
available for National Defense Sealift Fund programs or Shipbuilding
and Conversion, Navy.''.
SEC. 819. MODIFICATION TO PROHIBITION ON OPERATION OR PROCUREMENT OF
FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.
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--
``(1) procure or obtain, or extend or renew a contract to
procure or obtain any equipment, system, or service that uses
any equipment or service related to unmanned aircraft systems
provided by a covered unmanned aircraft system company; or
``(2) enter into a contract (or extend or renew a contract)
with an entity that uses any equipment, system, or services
provided by a covered unmanned aircraft system company.'';
(3) in subsection (c) (as so redesignated), by striking
``the restriction under subsection (a) if the operation or
procurement'' and inserting ``any restrictions under
subsections (a) or (b) if the operation, procurement, or
obtainment'';
(4) in subsection (d) (as so redesignated)--
(A) by striking ``the restriction under subsection
(a)'' and inserting ``any restrictions under
subsections (a) or (b)''; and
(B) by striking ``operation or procurement'' and
inserting ``operation, procurement, or obtainment'';
and
(5) in subsection (e) (as so redesignated), by inserting
the following new paragraph (3):
``(3) Covered unmanned aircraft system companies.--The term
`covered unmanned aircraft system companies' 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).''.
SEC. 820. 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) is 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. 821. 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. 822. REQUIRE FULL DOMESTIC PRODUCTION OF FLAGS OF THE UNITED
STATES ACQUIRED BY THE DEPARTMENT OF DEFENSE.
(a) In General.--Section 4862 of title 10, United States Code, is
amended--
(1) in subsection (a), by inserting ``and in subsection
(l)'' after ``subsections (c) through (h)''; and
(2) by adding at the end the following new subsection:
``(l) Flag of the United States.--Notwithstanding subsection (a),
funds appropriated or otherwise available to the Department of Defense
may not be used for the procurement of a flag of the United States
unless such flag is manufactured--
``(1) in the United States; and
``(2) from articles, materials, and supplies grown, mined,
produced, or manufactured in the United States.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply only with respect to contracts entered into on or after the date
of the enactment of this Act.
SEC. 823. GUIDELINES AND RESOURCES ON THE ACQUISITION OR LICENSING OF
INTELLECTUAL PROPERTY.
Section 3791 of title 10, United States Code, is amended 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) model forms for specially negotiated licenses
described under section 3774(c) of this title (as
appropriate); and
``(B) an identification of definitions, key terms,
examples, and case studies that resolve ambiguities in
the differences between--
``(i) detailed manufacturing and process
data;
``(ii) form, fit, and function data; and
``(iii) data required for operations,
maintenance, installation, and training.
``(2) Consultation.--In developing the guidelines and
resources described in paragraph (1), the Secretary shall
regularly consult with appropriate persons.''.
SEC. 824. COMPLIANCE PROCEDURES FOR INVESTIGATING THE PROHIBITION ON
CRIMINAL HISTORY INQUIRIES BY FEDERAL CONTRACTORS PRIOR
TO CONDITIONAL OFFER.
(a) Defense Contracts.--Section 4657 of title 10, United States
Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Compliance.--
``(1) Procedures for submission of complaint.--The
Secretary of Defense shall establish, and make available to the
public, procedures under which an applicant for a position with
a Department of Defense contractor may submit to the Secretary
a complaint, or any other information, relating to compliance
by the contractor with subsection (a)(1)(B).
``(2) Investigation of compliance.--In addition to the
authority to investigate compliance by a contractor with
subsection (a)(1)(B) pursuant to a complaint submitted under
paragraph (1) of this subsection, the Secretary of Defense may
investigate compliance with subsection (a)(1)(B) in conducting
a compliance evaluation under section 60-1.20, 60-300.60, or
60-741.60 of title 41, Code of Federal Regulations (or any
successor regulation).''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``, based upon the results
of a complaint investigation or compliance
evaluation conducted by the Secretary of
Defense under section 60-1.20, 60-300.60, or
60-741.60 of title 41, Code of Federal
Regulations (or any successor regulation)''
after ``determines'';
(ii) in subparagraph (C), by striking
``warning'' and inserting ``notice''; and
(B) in paragraph (2)--
(i) by inserting ``, based upon the results
of a complaint investigation or compliance
evaluation conducted by the Secretary of
Defense under section 60-1.20, 60-300.60, or
60-741.60 of title 41, Code of Federal
Regulations (or any successor regulation),''
after ``determines'';
(ii) by inserting ``as may be necessary''
after ``Federal agencies''; and
(iii) by striking subparagraph (C) and
inserting the following:
``(C) taking an action to impose a sanction
described under section 202(7) of Executive Order 11246
(related to equal employment opportunity) and section
60-1.27 of title 41, Code of Federal Regulations (or
any successor regulation).''.
(b) Civilian Agency Contracts.--Section 4714(b) of title 41, United
States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Compliance.--
``(1) Procedures for submission of complaint.--The
Secretary of Labor shall establish, and make available to the
public, procedures under which an applicant for a position with
a Federal contractor may submit to the Secretary a complaint,
or any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(2) Investigation of compliance.--In addition to the
authority to investigate compliance by a contractor with
subsection (a)(1)(B) pursuant to a complaint submitted under
paragraph (1) of this subsection, the Secretary of Labor may
investigate compliance with subsection (a)(1)(B) in conducting
a compliance evaluation under section 60-1.20, 60-300.60, or
60-741.60 of title 41, Code of Federal Regulations (or any
successor regulation).''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``head of an executive
agency'' and inserting ``Secretary of Labor'';
(ii) by inserting ``, based upon the
results of a complaint investigation or
compliance evaluation conducted by the
Secretary of Labor under section 60-1.20, 60-
300.60, or 60-741.60 of title 41, Code of
Federal Regulations (or any successor
regulation)'' after ``determines'';
(iii) by striking ``such head'' and
inserting ``the Secretary of Labor''; and
(iv) in subparagraph (C), by striking
``warning'' and inserting ``notice''; and
(B) in paragraph (2)--
(i) by striking ``head of an executive
agency'' and inserting ``Secretary of Labor'';
(ii) by inserting ``, based upon the
results of a complaint investigation or
compliance evaluation conducted by the
Secretary of Labor under section 60-1.20, 60-
300.60, or 60-741.60 of title 41, Code of
Federal Regulations (or any successor
regulation),'' after ``determines'';
(iii) by striking ``such head'' and
inserting ``the Secretary of Labor'';
(iv) by inserting ``as may be necessary''
after ``Federal agencies''; and
(v) by striking subparagraph (C) and
inserting the following:
``(C) taking an action to impose a sanction
described under section 202(7) of Executive Order 11246
(related to equal employment opportunity) and section
60-1.27 of title 41, Code of Federal Regulations (or
any successor regulation).''.
(c) Effective Date.--This Act, and the amendments made by this Act,
shall apply with respect to contracts awarded on or after December 20,
2022.
SEC. 825. REESTABLISHMENT OF COMMISSION ON WARTIME CONTRACTING.
(a) In General.--There is hereby reestablished in the legislative
branch under section 841 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 230) the Commission on
Wartime Contracting.
(b) Amendment to Duties.--Section 841(c)(1) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
231) is amended to read as follows:
``(1) General duties.--The Commission shall study the
following matters:
``(A) Federal agency contracting funded by overseas
contingency operations funds.
``(B) Federal agency contracting for the logistical
support of coalition forces operating under the
authority of the 2001 or 2002 Authorization for the Use
of Military Force.
``(C) Federal agency contracting for the
performance of security functions in countries where
coalition forces operate under the authority of the
2001 or 2002 Authorization for the Use of Military
Force.''.
(c) Conforming Amendments.--Section 841 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
230) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``the Committee
on Oversight and Government Reform'' each place it
appears and inserting ``the Committee on Oversight and
Reform'';
(B) in paragraph (2), by striking ``of this Act''
and inserting ``of the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2023''; and
(C) in paragraph (4), by striking ``was first
established'' each place it appears and inserting ``was
reestablished by the National Defense Authorization Act
for Fiscal Year 2023''; and
(2) in subsection (d)(1), by striking ``On March 1, 2009''
and inserting ``Not later than one year after the date of
enactment of the National Defense Authorization Act for Fiscal
Year 2023''.
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 participation in the public-private talent
exchange program established under section 1599g of this
title--
``(A) for a total of 100 members of the acquisition
workforce in fiscal year 2024;
``(B) for a total of 500 such members in fiscal
year 2025; and
``(C) for a total of 1,000 such members in fiscal
year 2026 and each fiscal year thereafter.''.
(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 Requirements.--
(1) 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.''.
(2) Report on acquisition workforce educational
partnerships.--Section 1746a(e) of title 10, United States
Code, is amended by striking ``and the congressional defense
committees'' and inserting ``, the congressional defense
committees, the Committee on Oversight and Reform of the House
of Representatives, and the Committee on Homeland Security and
Government Affairs of the Senate''.
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, consider only
highly qualified candidates who have--
``(A) demonstrated leadership abilities;
``(B) experience using leading practices to develop talent
in the private sector; and
``(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. 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 each national defense strategy required by section 113(g) of this
title and each national security strategy 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 shall use 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.
``(d) Consultation.--In planning and implementing the Defense
Civilian Training Corps program, the Under Secretary of Defense for
Acquisition and Sustainment shall consult with the following:
``(1) The Under Secretary of Defense for Research and
Engineering, including the Director of the Defense Innovation
Unit and the Strategic Engagements Director of the National
Security Innovation Network.
``(2) The Chief Digital and Artificial Intelligence Officer
(as established by the memorandum of the Deputy Secretary of
Defense titled `Establishment of the Chief Digital and
Artificial Intelligence Officer' issued on December 8, 2021).
``(3) The Chief Information Officer of the Department of
Defense.
``(4) The Under Secretary of Defense for Personnel and
Readiness.
``(5) The Secretaries of the military departments.
``(6) The Superintendents of the Service Academies (as
defined in section 347 of this title).
``(7) The Commanding General, U.S. Army Cadet Command.
``(8) The Commander, Jeanne M. Holm Center for Officer
Accessions and Citizen Development.
``(9) The Commander, Naval Service Training Command.''.
SEC. 834. REPEAL OF CERTAIN PROVISIONS RELATING TO ACQUISITION
WORKFORCE INCENTIVES.
(a) Exchange Program for Acquisition Workforce Employees.--Section
884 of the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1915; 10 U.S.C. 1701 note) is repealed.
(b) Pilot Program on Temporary Exchange of Financial Management and
Acquisition Personnel.--Section 1110 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 1701 note) is
repealed.
(c) Flexibility in Contracting Award Program.--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. 835. ACQUISITION WORKFORCE INCENTIVES RELATING TO TRAINING ON AND
AGREEMENTS WITH CERTAIN SOFTWARE BUSINESSES.
(a) Training.--
(1) Curricula.--Not later than one year after the date of
the enactment of this Act, the head of the Acquisition
Innovation Research Center shall develop one or more curricula
for members of the acquisition workforce on financing and
operations of start-up businesses, with a focus on covered
start-up businesses.
(2) Elements.--Courses under curricula developed 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 under paragraph
(1).
(4) Additional training materials.--In developing curricula
required under paragraph (1), the head of the Acquisition
Innovation Research Center shall consider and incorporate
appropriate training materials from 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 one or more members of the
acquisition workforce to a covered start-up business, or from a
covered start-up business to an office of the Department of
Defense.
(2) Priority.--The Secretary shall prioritize for
participation in the pilot program established under this
subsection members of the acquisition workforce who have
completed a curricula 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.--
(1) In general.--The Secretary of Defense shall organize a
conference, to take place not less frequently than biannually,
to facilitate discussion between participants listed in
subsection (b) on the following:
(A) Best practices relating to acquisition of
software.
(B) Methods of effective collaboration between such
participants.
(2) Participants.--Participants in a conference organized
under paragraph (1) may include the following:
(A) Members of the acquisition workforce.
(B) Employees of and investors in covered 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 unique
approaches to negotiating and establishing software data rights
in agreements for the procurement of software.
(2) Authority.--To the maximum extent practicable, the
Secretary shall--
(A) ensure that a member of the acquisition
workforce who has completed a curricula 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 agreement described in paragraph (1)
shall include the following:
(A) Flexible requirements relating to the
acquisition or licensing of intellectual property based
on the software to be acquired under the agreement.
(B) An identification and definition of the
technical interoperability standards required for such
software.
(C) Flexible mechanisms for delivery of code for
such software, where each such mechanism includes
documentation of the costs and benefits of such
mechanism.
(4) Parameters.--The United States shall seek to avoid
asserting unlimited rights or government purpose rights to
software acquired under an agreement entered into pursuant to
the pilot program established under this section.
(5) 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 ``covered start-up businesses'' means a start-
up business that is a party to, or is seeking to enter into, an
agreement with the Department of Defense, the products and
services of which include software as a substantial component
of the offer for such agreement.
(4) The term ``start-up business'' means a business that is
not publicly traded and that has not been acquired by a prime
contractor.
Subtitle D--Provisions Relating to Software and Technology
SEC. 841. 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. 842. 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 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. 843. CURRICULA ON SOFTWARE ACQUISITIONS AND CYBERSECURITY SOFTWARE
OR HARDWARE ACQUISITIONS FOR COVERED INDIVIDUALS.
(a) Curricula.--The President of the Defense Acquisition
University, shall develop 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) operational efforts of United States Cyber Command to
combat cyber threats;
(4) mission requirements and current capabilites and
systems of United States Cyber Command;
(5) 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
(6) 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). 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 Congress,
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 Congress, 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--
(1) a contracting officer of the Department of Defense with
responsibilities are related to software acquisitions or
cybersecurity software or hardware acquisitions; or
(2) a 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. 844. REPORT ON COVERED SOFTWARE DEVELOPMENT.
(a) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter through 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 each 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
(2) 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);
(B) is a covered defense business system, as
defined in section 2222(i) of title 10, United States
Code;
(C) is a major defense acquisition program, as
defined in section 4201 of such title; or
(D) is a major system, as defined in section 3041
of such title.
(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 115-91; 131 Stat. 1509; 10 U.S.C. 1746 note).
SEC. 845. OTHER TRANSACTION AUTHORITY CLARIFICATION.
Section 4022 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``military personnel and the
supporting'' and inserting ``personnel of the
Department of Defense or improving''; and
(B) by striking ``or materials in use'' and
inserting ``materials, or installations in use''; and
(2) in subsection (e), by adding at the end the following
new paragraph:
``(3) The term `prototype project' means 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, creation, design,
development, or demonstration of operational utility;
or
``(E) any combination of subparagraphs (A) through
(D).''.
SEC. 846. EXISTING AGREEMENT LIMITS FOR OPERATION WARP SPEED.
(a) In General.--Any award made to a consortium under section 4022
of title 10, United States Code, by the Department of Defense on or
after March 1, 2020, to address the COVID-19 pandemic through vaccines
and other therapeutic measures using funds made available under a
covered award shall not be counted toward any limit established prior
to March 1, 2020, on the total estimated amount of all projects to be
issued for a specified fiscal year (except that such funds shall count
toward meeting any guaranteed minimum value).
(b) Follow-on Contracts.--The Secretary of Defense may not award a
follow-on contract, agreement, or grant for any award described in
subsection (a)--
(1) until the limit described in subsection (a) has been
reached;
(2) until the term of the award described in subsection (a)
has expired; or
(3) unless such follow-on contract, agreement, or grant is
made accordance with the terms and conditions of the award
described in subsection (a).
(c) Covered Award Defined.--In this section, the term ``covered
award'' means an award made in support of the efforts led by the
Department of Health and Human Services and the Department of Defense,
known as Operation Warp Speed, to accelerate the development,
acquisition, and distribution of vaccines and other therapies to
address the COVID-19 pandemic, and any successor efforts.
Subtitle E--Industrial Base Matters
SEC. 851. RECOGNITION OF AN ASSOCIATION OF ELIGIBLE ENTITIES THAT
PROVIDE PROCUREMENT TECHNICAL ASSISTANCE.
(a) 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.
(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) Funding.--Section 4955(a)(1) of title 10, United States Code,
is amended by striking ``$1,000,000'' and inserting ``$1,500,000''.
(d) 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)--
(i) by striking ``Director'' and inserting
``Secretary''; and
(ii) by striking ``entities --'' and
inserting ``entities--''; and
(B) in subparagraph (A), by inserting ``, including
meetings of an association recognized under section
4954(f),'' after ``meetings''.
SEC. 852. UPDATE TO PLAN ON REDUCTION OF RELIANCE ON SERVICES,
SUPPLIES, OR MATERIALS FROM COVERED COUNTRIES.
Section 847 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1843; 10 U.S.C. 4811 note) is
amended--
(1) in subsection (b), by adding at the end the following:
``The report shall--
``(1) identify the services, supplies, or materials
described in subsection (a) that are necessary to meet critical
defense requirements in the event of a crisis or conflict;
``(2) assess the priority of such services, supplies, and
materials; and
``(3) provide options for reducing the reliance of the
United States on services, supplies, or materials obtained from
sources located in geographic areas controlled by covered
countries.'';
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (b) the following new
subsections:
``(c) Biennial Review.--
``(1) In general.--Not later than two years after the date
on which the Secretary of Defense submits the report under
subsection (b), and every two years thereafter, the Secretary
shall review and update the plan required under subsection (a)
to ensure that the plan continues to accomplish the goals
described in such subsection.
``(2) Report.--
``(A) In general.--Not later than 90 days after the
Secretary of Defense completes a review under paragraph
(1), the Secretary shall submit to the congressional
defense committees a report on such review, including--
``(i) a description of the steps taken to
implement the plan required under subsection
(a);
``(ii) a description of, and explanation
for, any updates made to such plan under
paragraph (1); and
``(iii) an updated assessment of the
priority of the services, supplies, or
materials described in subsection (a) that are
necessary to meet critical defense requirements
in the event of a crisis or conflict.
``(B) Sunset.--This paragraph shall terminate on
the date that is six years after the date on which the
Secretary submits the first report required under
subparagraph (A).
``(d) Report Form.--The reports required under subsection (b) and
(c)(2) shall be submitted in an unclassified form, but may contain a
classified annex.''.
SEC. 853. MODIFICATION TO PROHIBITION ON CERTAIN PROCUREMENTS FROM THE
XINJIANG UYGHUR AUTONOMOUS REGION.
Section 848(a) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 4651 note prec.; 135 Stat.
1843) is amended by striking ``for fiscal year 2022''.
SEC. 854. 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 heading, by striking ``mentor-protege pilot''
and inserting ``department of defense mentor-protege'';
(2) in subsections (a) and (c), by striking the term
``pilot'' each place it appears;
(3) 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)'';
(4) in subsection (e)(2), by striking ``two years'' each
place it appears and inserting ``three years'';
(5) in subsection (f)(1)(B), by inserting ``manufacturing,
test and evaluation,'' after ``inventory control,'';
(6) in subsection (g)(3)(C), by striking ``subsection (k)''
and inserting ``subsection (j)'';
(7) by striking subsection (j);
(8) by redesignating subsections (k) through (n) as
subsections (j) through (m), respectively;
(9) in subsection (j), as so redesignated--
(A) by striking the term ``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.'';
(10) in subsection (l), as so redesignated, by striking
``subsection (l)'' and inserting ``subsection (k)'';
(11) by amending subsection (m), as so redesignated, to
read as follows:
``(m) Transition Report.--Not later than July 1, 2023, the
Secretary of Defense shall submit to the congressional defense
committees a report on the implementation of the amendments to the
Mentor-Protege Program made in the National Defense Authorization Act
for Fiscal Year 2023, including the efforts made to establish
performance goals and outcome-based metrics and an evaluation of
whether the Mentor-Protege Program is achieving such performance goals
and outcome-based metrics.''; and
(12) by inserting after subsection (m), as so redesignated,
the following new subsection:
``(n) 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 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 engineering,
software development, or manufacturing customization that the
protege firm must perform for a technology solution of the
protege firm to be ready for integration with programs or
systems of the Department of Defense.
``(2) 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.''.
(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) Conforming Amendment.--
(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)''.
(e) 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.
(f) 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) prior to the date of the enactment of this Act.
SEC. 855. MICROLOAN PROGRAM; DEFINITIONS.
Paragraph (11) of section 7(m) of the Small Business Act (15 U.S.C.
636(m)(11)) is amended--
(1) in clause (ii) of subparagraph (C), by striking
``rural'' and all that follows to the end of the clause and
inserting ``rural;'';
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) the term `State' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands of the United States,
Guam, the Commonwealth of the Northern Mariana Islands,
and American Samoa.''.
SEC. 856. SMALL BUSINESS INNOVATION PROGRAM EXTENSION.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended by
striking ``2022'' each place it appears and inserting ``2024''.
SEC. 857. PROHIBITION ON COVERED AIRPORT CONTRACTS WITH CERTAIN
ENTITIES.
(a) In General.--The Secretary of Defense may not award a contract
for the procurement of infrastructure or equipment for a passenger
boarding bridge at a covered airport to a covered contractor.
(b) Definitions.--In this section:
(1) The term ``covered airport'' means a military airport
designated by the Secretary of Transportation under section
47118(a) of title 49, United States Code.
(2) The term ``covered contractor'' means a contractor of
the Department of Defense--
(A) that--
(i) is owned, directed, or subsidized by
the People's Republic of China; and
(ii) has been determined by a Federal court
to have misappropriated intellectual property
or trade secrets from an entity organized under
the laws of the United States or any
jurisdiction within the United States; and
(B) that--
(i) owns or controls, is owned or
controlled by, is under common ownership or
control with, or is a successor to an entity
described in subparagraph (A); or
(ii) has entered into an agreement,
partnership, or other contractual arrangement
with such an entity; or
(iii) has accepted funding (regardless of
whether such funding is in the form of minority
investment interest or debt) from such an
entity.
SEC. 858. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE SUPPLY CHAINS.
(a) Risk Management for All Department of Defense Supply Chains.--
Not later than 180 days 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 materiel
for the Department, including pharmaceuticals;
(2) identify, in coordination with the Commissioner of Food
and Drugs, supply chain information gaps regarding reliance on
foreign suppliers of drugs, including active pharmaceutical
ingredients and final drug products; and
(3) submit to Congress 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 by 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 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 in case of a supply
disruption.
(c) Responsiveness Testing of Defense Logistics Agency
Pharmaceutical Contracts.--The Director of the Defense Logistics Agency
shall modify Defense Logistics Agency Instructions 5025.03 and
3110.01--
(1) to require Defense Logistics Agency Troop Support to
coordinate annually with customers in the military departments
to conduct responsiveness testing of the Defense Logistics
Agency's contingency contracts for pharmaceuticals; and
(2) to include the results of that testing, as reported by
customers in the military departments, in the annual reports of
the Warstopper Program.
SEC. 859. REVIEW OF ADVANCES IN DOMESTIC PRODUCTION OF CARBON FIBER.
(a) Review Required.--The Secretary of Defense shall conduct a
review of the Department of Defense carbon fiber requirements necessary
for current and future weapon system production and sustainment,
including--
(1) an examination of the access to domestically produced
carbon fiber to meet the requirements of the Department; and
(2) a review of developments in advanced carbon fiber
production processes that can--
(A) lower embedded energy consumption and improve
sustainability;
(B) enable scalable production of carbon fiber and
lower production costs; and
(C) enhance competition and resilience in the
United States industrial base.
(b) Report.--Not later than June 1, 2023, the Secretary of Defense
shall provide to the congressional defense committees a report of the
findings of the review described in subsection (a), including any
recommendations the Secretary may have for ensuring the Department of
Defense access to sustainable, affordable, and domestically produced
carbon fiber.
SEC. 859A. EXTENSION OF TRANSFER DATE FOR THE VERIFICATION OF SMALL
BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS OR
SERVICE-DISABLED VETERANS TO THE SMALL BUSINESS
ADMINISTRATION.
Section 862(a) of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 15 U.S.C. 657f) by striking ``means''
and all that follows through the period at the end and inserting
``means January 1, 2024.''.
SEC. 859B. APPLICATION OF PRICE EVALUATION PREFERENCE FOR QUALIFIED
HUBZONE SMALL BUSINESS CONCERNS TO CERTAIN CONTRACTS.
(a) In General.--Section 31(c)(3) of the Small Business Act (15
U.S.C. 657a(c)(3)) is amended by adding at the end the following new
subparagraph:
``(E) Application to certain contracts.--The
requirements of subparagraph (A) shall apply to an
unrestricted order issued under an unrestricted
multiple award contract or the unrestricted portion of
a contract that is partially set aside for competition
restricted to small business concerns.''.
(b) Rulemaking.--Not later than 90 days after the date of the
enactment of this section, the Administrator of the Small Business
Administration shall revise any rule or guidance to implement the
requirements of this section.
SEC. 859C. CODIFICATION OF SMALL BUSINESS ADMINISTRATION SCORECARD.
(a) In General.--Section 868(b) 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 paragraph (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) in the matter preceding subparagraph (A)--
(i) by striking ``developed under paragraph
(1)''; and
(ii) by inserting ``and Governmentwide''
after ``each Federal agency''; and
(B) 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 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. 859D. MODIFICATIONS TO THE NONMANUFACTURER RULE.
(a) In General.--Section 8(a)(17) of the Small Business Act (15
U.S.C. 637(a)(17)) is amended by adding at the end the following new
subparagraphs:
``(D) Denials.--Upon denial of a waiver under subparagraph
(B)(iv)(I), the Administrator shall provide a justification of
such denial, and if appropriate, make recommendations
(including examples) for resubmitting a request for a waiver.
``(E) Information required for granted waivers.--A waiver
granted under subparagraph (B)(iv)(I) shall include the
following information:
``(i) The date on which the waiver terminates.
``(ii) A statement specifying that the contract to
supply any product for which the waiver was granted
must be awarded prior to the termination date in clause
(i).
``(iii) The total dollar value of the products that
are subject to the waiver.
``(iv) An exclusive list of specific products
identified by the Administrator that are subject to the
waiver, regardless of the determination of the
contracting officer submitted under such subparagraph.
``(v) A list of actions taken by the contracting
Federal agency for which a new such determination shall
be required, including--
``(I) modifications to the scope of the
contract for which the waiver was granted; and
``(II) modifications to the contract type
of such contract.
``(F) Modifications.--If a Federal agency modifies a
contract for which a waiver was granted under subparagraph
(B)(iv)(I) in a manner described in subparagraph (E)(v), the
head of such Federal agency shall notify the Administrator and
seek a new waiver under subparagraph (B)(iv)(I).''.
(b) Congressional Notification and Publication.--Not later than 15
days after the date of the enactment of this Act, the Administrator of
the Small Business Administration shall publish on a website of the
Administration and submit to the Committee on Small Business of the
House of Representatives and the Committee on Small Business and
Entrepreneurship of the Senate any program guidance or standard
operating procedures of the Administration relating to the process by
which the Administrator grants waivers under section 8(a)(17)(B)(iv)(I)
of the Small Business Act (15 U.S.C. 637(a)(17)(B)(iv)(I)).
SEC. 859E. STUDY ON SMALL BUSINESS ASSISTANCE TO FOREIGN-BASED
COMPANIES.
(a) Study.--The Comptroller General of the United States shall
conduct a study to determine the amount of small business assistance
that has been received by foreign-based small business concerns during
the period beginning on March 1, 2020, and ending on the date of the
enactment of this Act.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall submit
to Congress a report on the findings of the study conducted
under subsection (a), including the amount of small business
assistance that has been received by foreign-based small
business concerns in total and disaggregated by country of
origin.
(2) Identifiable or proprietary information.--The
Comptroller General shall ensure that the report submitted
under paragraph (1) does not include any identifiable or
proprietary information of any foreign-based small business
concern.
(c) Definitions.--In this section:
(1) Country of origin.--The term ``country of origin''
means the country, other than the United States--
(A) in which a foreign-based small business concern
is headquartered;
(B) under the laws of which an entity owning or
holding, directly or indirectly, not less than 25
percent of the economic interest of a foreign-based
small business concern is organized; or
(C) of which a person owning or holding, directly
or indirectly, not less than 25 percent of the economic
interest of a foreign-based small business concern is a
citizen.
(2) Foreign-based small business concern.--The term
``foreign-based small business concern'' means a small business
concern--
(A) that is headquartered in a country other than
the United States; or
(B) for which an entity organized under the laws of
a country other than the United States, or a citizen of
such a country, owns or holds, directly or indirectly,
not less than 25 percent of the economic interest of
the small business concern, including as equity shares
or a capital or profit interest in a limited liability
company or partnership.
(3) Small business assistance.--The term ``small business
assistance'' means any Federal funds and other benefits
available to small business concerns under programs
administered by the Small Business Administration, including--
(A) loans, whether directly or indirectly made;
(B) grants; and
(C) contracting preferences.
(4) 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. 859F. REPORT ON STRATEGIC AND CRITICAL MATERIALS.
(a) Findings.--Congress finds that the annex provided by the
Department of Defense under section 851 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3773) did not contain every element
required under such section.
(b) Report Required.--Not later than June 1, 2023, the Under
Secretary of Defense for Acquisition and Sustainment shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report describing strategic and critical materials
requirements of the Department of Defense, including the gaps and
vulnerabilities in supply chains of such materials.
(c) Elements.--The Under Secretary of Defense for Acquisition and
Sustainment shall include in the report required by subsection (b) the
following:
(1) The overall annual tonnage of each strategic or
critical material used by the Department of Defense during the
10-year period ending on December 31, 2021.
(2) An evaluation of the benefits of a robust domestic
supply chain for strategic and critical materials.
(3) An evaluation of the effects of the use of waivers by
the Strategic Materials Protection Board established under
section 187 of title 10, United States Code, on the domestic
supply of strategic and critical materials.
(4) An identification of the improvements to the National
Defense Stockpile that are required to further ensure that the
Department of Defense has access to strategic and critical
materials, aligning the goals of the stockpile with those of
the Department and prioritize existing and future needs for
emerging technologies.
(5) An evaluation of the domestic processing and
manufacturing capacity required to supply strategic and
critical materials to the Department of Defense, including
identifying, in consultation with the Director of the United
States Geological Survey, domestic locations of proven sources
of such strategic and critical materials with existing
commercial manufacturing capabilities.
(6) An identification of all minerals that are strategic
and critical materials, and supply chains for such minerals,
that originate in or pass through the Russian Federation.
(7) An evaluation of the process required to immediately
halt the procurement of minerals described in paragraph (6) or
products by the Government without adversely affecting national
security.
(8) Any limits on the availability of information
preventing or limiting the Under Secretary from fully
addressing an element described in paragraphs (1) through (7)
in the report.
(9) Any legislative recommendations, statutory authority,
or appropriations necessary to improve the ability of the
Department to monitor and address its strategic and critical
materials requirements.
(d) Form.--The report required in subsection (b) shall be submitted
in unclassified form but may include a classified annex.
(e) 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. Sec. 98h-3).
SEC. 859G. REPORT AND MODIFICATION TO THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) 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,''.
(b) Report Required.--Not later than March 1, 2023, the Secretary
of Defense (or a designee) shall brief the Committees on Armed Services
of the House of Representatives and the Senate on integration of the
national technology and industrial base (as defined in section 4801 of
title 10, United States Code). The report shall include, at a minimum,
the following elements:
(1) Progress towards implementation of the plan to increase
integration of the national technology and industrial base
developed pursuant to section 881(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 2501 note).
(2) Examples of successful cross border integration under
the national technology and industrial base that has enhanced
national security and reduced barriers to collaboration.
(3) Recommendations for improving the integration of the
national technology and industrial base.
SEC. 859H. SENSE OF CONGRESS ON MODERNIZING DEFENSE SUPPLY CHAIN
MANAGEMENT.
(a) Findings.--Congress finds the following:
(1) The continued modernize Department of Defense supply
chain management using private sector best practices where
applicable is imperative to run effective domestic and overseas
operations, ensure timely maintenance, and sustain military
forces.
(2) Congress supports the continued development and
integration by the Secretary of Defense of advanced digital
supply chain management and capabilities. These capabilities
should include tools that digitize data flows in order to
transition from older, inefficient manual systems, modernize
warehouse operations of the Department of Defense to use
digitized data management and inventory control, and maximize
cybersecurity protection of logistics processes.
(b) Sense of Congress.--It is the sense of Congress that, to meet
the unique needs of the Department of Defense regarding continuity of
supply chain management in both garrison and deployed or austere
environments, the Department must prioritize digital supply chain
management solutions that use durable devices and technologies designed
to operate in remote regions with limited network connectivity.
SEC. 859I. PROHIBITION ON THE USE OF LOGINK.
(a) Prohibition.--
(1) In general.--The Secretary of Defense, each Secretary
of a military department, and a defense contractor may not use
LOGINK.
(2) Applicability.--With respect to defense contractors,
the prohibition in subsection (a) shall apply--
(A) with respect to any contract of the Department
of Defense entered into on or after the date of the
enactment of this section;
(B) with respect to the use of LOGINK in the
performance of such contract.
(b) Contracting Prohibition.--
(1) In general.--The Secretary of Defense and each
Secretary of a military department may not enter into any
contract with an entity that uses LOGINK and shall prohibit the
use of LOGINK in any contract entered into by the Department of
Defense.
(2) Defense contractor.--With respect to any contract of
the Department of Defense, a defense contractor may not enter
into a subcontract with an entity that uses LOGINK.
(3) Applicability.--This subsection applies with respect to
any contract entered into on or after the date of the enactment
of this section.
(c) LOGINK Defined.--In this section, the term ``LOGINK'' means the
public, open, shared logistics information network known as the
National Public Information Platform for Transportation & Logistics by
the Ministry of Transport of China.
SEC. 859J. REPORT ON TRANSITION TO PHASE III FOR SMALL BUSINESS
INNOVATION RESEARCH AND SMALL BUSINESS TECHNOLOGY
TRANSFER PROGRAM AWARDS.
(a) Report Required.--On an annual basis, each Secretary of a
military department (as defined in section 101 of title 10, United
States Code) shall collect and submit to the President for inclusion in
each budget submitted to Congress under section 1105 of title 31,
United States Code, data on the Phase I, Phase II, and Phase III awards
under the SBIR and STTR programs of the military department of the
Secretary for the immediately preceding five fiscal years, including--
(1) the aggregate funding amount for Phase III awards in
relevant program offices, as selected by the each Secretary of
a military department;
(2) the change in Phase III funding during the period
covered by the report such selected program offices;
(3) the number of SBIR awards made by such selected program
offices in under 180 days during the period covered by the
report; and
(4) where possible, an identification of specific
recommendations from each Secretary of a military department on
opportunities to identify and expand best practices that
demonstrate growth in Phase III award funding.
(b) Definitions.--In this section, the terms ``Phase I'', ``Phase
II'', ``Phase III'', ``SBIR'', and ``STTR'' have the meanings given
those terms, respectively, in section 9(e) of the Small Business Act
(15 U.S.C. 638(e)).
SEC. 859K. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.
(a) In General.--A covered small business concern may, subject to
the regulations issued by the Administrator of the Small Business
Administration under subsection (b), elect to extend the period in
which such covered small business concern participates in the program
established under section 8(a) of such Act (15 U.S.C. 637(a)) by one
year.
(b) Emergency Rulemaking Authority.--Not later than 45 days after
the date of enactment of this Act, the Administrator of the Small
Business Administration shall issue regulations to carry out this
section without regard to the notice requirements under section 553(b)
of title 5, United States Code.
(c) Covered Small Business Concern Defined.--
(1) In general.--In this section, the term ``covered small
business concern'' means a small business concern (as defined
under section 3 of the Small Business Act (15 U.S.C. 632))
that--
(A) participated in the program established under
section 8(a) of the Small Business Act (15 U.S.C.
637(a)) at any point during the period beginning on
September 10, 2020, and ending on the date of the
enactment of this Act, including a small business
concern that graduated during such period;
(B) was not terminated or early graduated from such
program during such period; and
(C) did not voluntarily elect to cease
participating in such program during such period as an
alternative to termination or early graduation from
such program, as determined by the Administrator of the
Small Business Administration.
SEC. 859L. ACCESS TO CONTRACT BUNDLING DATA.
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) Definitions.--In this subsection:
``(A) Bundled contract.--The term `bundled
contract' has the meaning given such term in section
3(o) of the Small Business Act (15 U.S.C. 632(o)).
``(B) Consolidated contract.--The term
`consolidated contract' means a contract resulting from
the consolidation of contracting requirements (as
defined in section 44(a) of the Small Business Act (15
U.S.C. 657q(a))).'';
(2) in paragraph (4)--
(A) in the heading, by inserting ``and
consolidation'' after ``bundling'';
(B) in subparagraph (A), by inserting ``and
consolidation'' after ``contract bundling''; and
(C) in subparagraph (B)--
(i) in clause (i), by inserting ``or
consolidated'' after ``of bundled''; and
(ii) in clause (ii)--
(I) in the matter preceding
subclause (I), by inserting ``or
consolidated'' after ``previously
bundled'';
(II) in subclause (I), by inserting
``or consolidated'' after ``were
bundled''; and
(III) in subclause (II)--
(aa) by inserting ``or
consolidated'' after ``to each
bundled'';
(bb) in item (aa), by
inserting ``or consolidation''
after ``the bundling'';
(cc) in item (bb), by
inserting ``or consolidating''
after ``by bundling'';
(dd) in item (cc), by
inserting ``or consolidated''
after ``the bundled'';
(ee) in item (dd), by
inserting ``or consolidating''
after ``the bundling''; and
(ff) in item (ee)--
(AA) by inserting
``or consolidating''
after ``the bundling'';
and
(BB) by inserting
``bundled or'' after
``as prime contractors
for the''; and
(3) in paragraph (5)(B), by striking ``provide, upon
request'' and all that follows and inserting the following:
``provide to the Administration procurement information
referred to in this subsection for the contracting agency,
including the data and information described in paragraph (2)
and the information described in paragraph (4).''.
SEC. 859M. REPORT ON SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY
WOMEN.
(a) In General.--Section 8(m) of the Small Business Act (15 U.S.C.
637(m)) is amended by adding at the end the following new paragraph:
``(9) Report.--Not later than May 1, 2023, and annually
thereafter, the Administrator shall submit to the Committee on
Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate
a report on small business concerns owned and controlled by
women. Such report shall include, for the fiscal year preceding
the date of the report, the following:
``(A) The total number of concerns certified as
small business concerns owned and controlled by women,
disaggregated by the number of concerns certified by--
``(i) the Administrator; or
``(ii) a national certifying entity
approved by the Administrator.
``(B) The amount of fees, if any, charged by each
national certifying entity for such certification.
``(C) The total dollar amount and total percentage
of prime contracts awarded to small business concerns
owned and controlled by women pursuant to paragraph (2)
or pursuant to a waiver granted under paragraph (3).
``(D) The total dollar amount and total percentage
of prime contracts awarded to small business concerns
owned and controlled by women pursuant to paragraphs
(7) and (8).
``(E) With respect to a contract incorrectly
awarded pursuant to this subsection because it was
awarded based on an industry in which small business
concerns owned and controlled by women are not
underrepresented--
``(i) the number of such contracts;
``(ii) the Federal agencies that issued
such contracts; and
``(iii) any steps taken by Administrator to
train the personnel of such Federal agency on
the use of the authority provided under this
subsection.
``(F) With respect to an examination described in
paragraph (5)(B)--
``(i) the number of examinations due
because of recertification requirements and the
actual number of such examinations conducted;
and
``(ii) the number of examinations conducted
for any other reason.
``(G) The number of small business concerns owned
and controlled by women that were found to be
ineligible to be awarded a contract under this
subsection as a result of an examination conducted
pursuant to paragraph (5)(B) or failure to request an
examination pursuant to section 127.400 of title 13,
Code of Federal Regulations (or a successor rule).
``(H) The number of small business concerns owned
and controlled by women that were decertified.
``(I) Any other information the Administrator
determines necessary.''.
(b) Technical Amendment.--Section 8(m)(2)(C) of the Small Business
Act is amended by striking ``paragraph (3)'' and inserting ``paragraph
(4)''.
SEC. 859N. NATIVE HAWAIIAN ORGANIZATIONS.
(a) Competitive Thresholds.--Section 8020 of title VIII of division
A of the Department of Defense, Emergency Supplemental Appropriations
to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza
Act, 2006 (15 U.S.C. 637 note) is amended by striking ``with agencies
of the Department of Defense'' and inserting ``with agencies and
departments of the Federal Government''.
(b) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, in order to carry out the amendments made by
subsection (a)--
(1) the Administrator of the Small Business Administration,
in consultation with the Administrator for Federal Procurement
Policy, shall promulgate regulations; and
(2) the Federal Acquisition Regulatory Council established
under section 1302(a) of title 41, United States Code, shall
amend the Federal Acquisition Regulation.
Subtitle F--Other Matters
SEC. 861. 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. 862. REGULATIONS ON USE OF FIXED-PRICE TYPE CONTRACTS FOR MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) 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 regulations issued pursuant to section 818 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2329) regarding the use of fixed-price
type contracts for a major defense acquisition program.
(b) Elements.--The revisions described in subsection (a) shall
require the following:
(1) That 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 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) The limitation in paragraph (1) may be waived on a
case-by-case basis by the applicable service acquisition
executive. This waiver authority may not be delegated below the
level of service acquisition executive.
(c) Definitions.--In this section:
(1) The term ``low-rate initial production'' has the
meaning given under section 4231 of title 10, United States
Code.
(2) The term ``milestone decision authority'' has the
meaning given in section 4211 of title 10, United States Code.
(3) The term ``major defense acquisition program'' has the
meaning given in section 4201 of title 10, United States Code.
(4) The term ``Milestone B approval'' has the meaning given
in section 4172(e) of title 10, United States Code.
SEC. 863. NOTIFICATION ON RETENTION RATE POLICY.
(a) Notice and Wait.--A determination of the Secretary of the Navy
that a contract for non-nuclear surface ship repair and maintenance
made to a private entity requires the Secretary of the Navy to retain
more than 1 percent of the overall contract value may only be carried
out after the end of a 30-day period beginning on the date on which the
congressional defense committees receive the notification from the
Secretary of the Navy under subsection (b).
(b) Contents.--The notification described in subsection (a) shall
include the following:
(1) A description of the rationale for making such
determination.
(2) A description of the potential impact on the defense
industrial base because of such determination.
(3) A description of how the Navy plans to use, to a
greater extent, the flexibility on retention rates pursuant to
chapter 277 of title 10, United States Code.
(c) Termination.--This section and the requirements of this section
shall terminate on the later of--
(1) the date on which the National Defense Authorization
Act for Fiscal Year 2024 is enacted; or
(2) September 30, 2023.
SEC. 864. 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
enable employees of innovative technology companies to begin work under
contracts more quickly by allowing the Defense Counterintelligence and
Security Agency to administer the personal security clearances of the
employees of innovative technology companies while the Government
completes the adjudication of the facility clearance application of the
innovative technology company.
(b) Personal Security Clearance Authority.--
(1) In general.--Under the pilot program, the Defense
Counterintelligence and Security Agency may nominate and
administer the personal security clearances of the employees of
an innovative technology company while the Government completes
the adjudication of the facility clearance application of the
innovative technology company if the innovative technology
company is a contractor of the Department of Defense under a
contract the performance of which requires that the innovative
technology company have access to classified information.
(2) Limitation.--Under the pilot program, the Defense
Counterintelligence and Security Agency may administer the
personal security clearances of employees of not more than--
(A) 25 innovative technology companies in Fiscal
Year 2023;
(B) 50 innovative technology companies in Fiscal
Year 2024;
(C) 75 innovative technology companies in Fiscal
Year 2025;
(D) 100 innovative technology companies in Fiscal
Year 2026; and
(E) 125 innovative technology companies in Fiscal
Year 2027.
(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) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the Under
Secretary of Defense for Research and Engineering and the Under
Secretary of Defense for Intelligence and Security shall
jointly submit to the congressional defense committees, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of
the Senate a report on the progress of the pilot program.
(2) Contents.--Each report required under paragraph (1)
shall include--
(A) an assessment of--
(i) the extent to which the authority under
the pilot program has been used; and
(ii) the usefulness of such authority;
(B) the number of innovative technology companies
for which the Defense Counterintelligence and Security
Agency administered a personal security clearance of an
employee under the pilot program;
(C) the number of programs of the Department of
Defense affected by the pilot program;
(D) an analysis of the demand for additional
innovative technology companies to participate in the
pilot program, including who may have been excluded
from the program due to the limitation in subsection
(b)(2);
(E) the length of time required for the facility
clearance adjudication of each innovative technology
company for which the Defense Counterintelligence and
Security Agency administered a personal security
clearance of an employee under the pilot program;
(F) an estimate of the time saved on each contract
with respect to which the authority under the pilot
program is exercised by enabling employees of
innovative technology companies to begin work before
the Government completes the adjudication of the
facility clearance application of the innovative
technology company;
(G) an assessment of any foreign intelligence
threats posed by the pilot program;
(H) an assessment of the administrative costs and
benefits of the pilot program; and
(I) such other information that the Under Secretary
of Defense for Research and Engineering and the Under
Secretary of Defense for Intelligence and Security
jointly determine appropriate.
(e) Participant Selection.--The Defense Innovation Unit shall
select innovative technology companies to participate in the pilot
program.
(f) Sunset.--The pilot program shall terminate on December 31,
2028.
(g) 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) Innovative technology company.--The term ``innovative
technology company'' means a company that--
(A) provides goods or services related to--
(i) one or more of the fourteen 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 Defense Innovation Unit
under subsection (e) to participate in the pilot
program.
(3) 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.
(4) Pilot program.--The term ``pilot program'' means the
pilot program established under subsection (a).
SEC. 865. 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 defined by the Secretary of Defense and
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 the program, 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 classroom-based 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; and
(3) 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.
SEC. 866. TEMPORARY SUSPENSION OF COVID-19 VACCINE MANDATE FOR
DEPARTMENT OF DEFENSE CONTRACTORS.
(a) Independent Report.--The Comptroller General of the United
States shall--
(1) conduct a study on the predicted effects of the
requirement for contractors of the Department of Defense to
receive a COVID-19 vaccine on the performance of such a
contractor on a contract; and
(2) submit to the congressional defense committees a report
containing the results of such study.
(b) Temporary Suspension.--The Secretary of Defense may not
implement a requirement for contractors of the Department of Defense to
receive a COVID-19 vaccine until such time as the Comptroller General
submits to the congressional defense committees the report under
subsection (a).
SEC. 867. GAO REPORT ON DEPARTMENT OF DEFENSE CONTRACT FINANCING AND
COMMERCIAL BEST PRACTICES.
(a) Findings.--Congress finds as follows:
(1) In a 2019 report, the Comptroller General of the United
States directed the Department of Defense to ensure it conducts
a comprehensive assessment of the effect that its contract
financing and profit policies have on the defense industry and
update that assessment on a recurring basis.
(2) The Department of Defense has commissioned an
independent study to evaluate--
(A) free cash flow in the defense sector;
(B) impacts to cash flow depending on contract type
and financing;
(C) financing and its impact on small businesses;
and
(D) the government accounting system requirements
for contractors.
(b) Study and Report.--Not later than 6 months after the date of
the completion of the study described in subsection (a)(2), the
Comptroller General of the United States shall submit to the
congressional defense committees a report assessing such study,
including an evaluation of the tools and authorities the Department of
Defense has available to ensure fair and reasonable pricing of
commercial products and services.
SEC. 868. PROHIBITION ON CONTRACTING WITH EMPLOYERS THAT VIOLATED THE
NATIONAL LABOR RELATIONS ACT.
(a) Prohibition.--Except as provided in subsection (b), the
Secretary of Defense may not enter into a contract with an employer
found to have violated section 8(a) of the National Labor Relations Act
(29 U.S.C. 158) during the three-year period preceding the proposed
date of award of the contract.
(b) Exceptions.--The Secretary of Defense may enter into a contract
with a employer described in subsection (a) if--
(1) before awarding a contract, such employer has settled
all violations described under subsection (a) in a manner
approved by the National Labor Relations Board and the employer
is in compliance with the requirements of any settlement
relating to any such violation; or
(2)(A) each employee of such employer is represented by a
labor organization for the purposes of collective bargaining;
and
(B) such labor organization certifies to the Secretary that
the employer--
(i) is in compliance with any relevant collective
bargaining agreement on the date on which such contract
is awarded and will continue to preserve the rights,
privileges, and benefits established under any such
collective bargaining agreement; or
(ii) before, on, and after the date on which such
contract is awarded, has bargained and will bargain in
good faith to reach a collective bargaining agreement.
(c) Definitions.--In this section, the terms ``employer'',
``employee'', and ``labor organization'' have the meanings given such
terms, respectively, in section 2 of the National Labor Relations Act
(29 U.S.C. 152).
(d) Applicability.--This section and the requirements of this
section shall apply to a contract entered into on or after September
30, 2023.
SEC. 869. AMENDMENTS TO CONTRACTING AUTHORITY FOR CERTAIN SMALL
BUSINESS CONCERNS.
(a) Socially and Economically Disadvantaged Small Business
Concerns.--Section 8(a)(1)(D)(i)(II) of the Small Business Act (15
U.S.C. 637(a)(1)(D)(i)(II)) is amended--
(1) by striking ``$7,000,000'' and inserting
``$10,000,000''; and
(2) by striking ``$3,000,000'' and inserting
``$8,000,000''.
(b) Certain Small Business Concerns Owned and Controlled by
Women.--Section 8(m) of the Small Business Act (15 U.S.C.637(m)) is
amended--
(1) in paragraph (7)(B)--
(A) in clause (i), by striking ``$7,000,000'' and
inserting ``$10,000,000''; and
(B) in clause (ii), by striking ``$4,000,000'' and
inserting ``$8,000,000''; and
(2) in paragraph (8)(B)--
(A) in clause (i), by striking ``$7,000,000'' and
inserting ``$10,000,000''; and
(B) in clause (ii), by striking ``$4,000,000'' and
inserting ``$8,000,000''.
(c) Qualified Hubzone Small Business Concerns.--Section
31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 657a(c)(2)(A)(ii))
is amended--
(1) in subclause (I), by striking ``$7,000,000'' and
inserting ``$10,000,000''; and
(2) in subclause (II), by striking ``$3,000,000'' and
inserting ``$8,000,000''.
(d) Small Business Concerns Owned and Controlled by Service-
disabled Veterans.--Section 36(c)(2) of the Small Business Act (15
U.S.C. 657f(c)(2)) is amended--
(1) in subparagraph (A), by striking ``$7,000,000'' and
inserting ``$10,000,000''; and
(2) in subparagraph (B), by striking ``$3,000,000'' and
inserting ``$8,000,000''.
(e) Certain Veteran-owned Concerns.--Section 8127(c)(2) of title
38, United States Code, is amended by striking ``$5,000,000'' and
inserting ``the dollar thresholds under section 36(c)(2) of the Small
Business Act (15 U.S.C. 657f(c)(2))''.
SEC. 870. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS.
(a) In General.--Section 15 of the Small Business Act (15 U.S.C.
644) is amended--
(1) by redesignating subsection (x) as subsection (y); and
(2) by inserting after subsection (w) the following new
subsection:
``(x) Interim Partial Payments for Equitable Adjustments to
Construction Contracts.--
``(1) Request for an equitable adjustment.--A small
business concern that was awarded a construction contract by an
agency may submit a request for an equitable adjustment to the
contracting officer of such agency if the contracting officer
directs a change in the terms of the contract performance
without the agreement of the small business concern. Such
request shall--
``(A) be timely made pursuant to the terms of the
contract; and
``(B) specify the estimated amount required to
cover additional costs resulting from such change in
the terms.
``(2) Amount.--Upon receipt of a request for equitable
adjustment from a small business concern under paragraph (1),
the agency shall provide to such concern an interim partial
payment in an amount equal to not less than 50 percent of the
estimated amount under paragraph (1)(B).
``(3) Limitation.--Any interim partial payment made under
this section may not be deemed to be an action to definitize
the request for an equitable adjustment.
``(4) Flow-down of interim partial payment amounts.--A
small business concern that receives an equitable adjustment
under this subsection shall pay to a first tier subcontractor
of such concern the portion of each interim partial payment
received that is attributable to the increased costs of
performance incurred by such subcontractor due to the change in
the terms of the contract performance described in paragraph
(1). A first tier subcontractor that receives a portion of an
interim partial payment under this section shall pay to a
subcontractor (at any tier) the appropriate portion of such
payment.''.
(b) Implementation.--The Administrator of the Small Business
Administration shall implement the requirements of this section not
later than the earlier of the following dates:
(1) The first day of the first full fiscal year beginning
after the date of the enactment of this Act.
(2) October 1, 2024.
SEC. 871. MANUFACTURING OF INSULIN.
(a) Manufacturing of Insulin.--For the purposes of manufacturing
insulin for use under the military health system, including under the
TRICARE program, the Secretary of Defense may--
(1) select one or more Government-owned, contractor-
operated facilities to manufacture insulin;
(2) use existing pharmaceutical manufacturing facilities of
the Department of Defense to produce insulin; or
(3) establish new pharmaceutical manufacturing facilities
to produce insulin.
(b) Sale.--Any insulin manufactured under the authority of this
section may be provided at a price not to exceed the cost to
manufacture and distribute the insulin.
SEC. 872. NEED FOR DEVELOPMENT AND ACQUISITION OF NATURAL RUBBER FROM
DOMESTIC HERBACIOUS PLANT SOURCES.
(a) Report Required.--Not later than 120 days after the date of
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment, in consultation with the Under Secretary of Defense
for Research and Engineering and the Assistant Secretary of Defense for
Industrial Policy, shall submit to the congressional defense committees
a plan for future investment by the Department of Defense in the
development, testing, and evaluation of domestic natural rubber from
herbaceous plants for military applications, including a timeline for
acquiring critical defense components and products using natural rubber
from domestic sources.
(b) Contents.--The plan submitted under subsection (a) shall
include the following:
(1) An unclassified assessment of the direct and indirect
influence of China on the commercial availability of natural
rubber, including the effects on national security and the
long-term implications for the defense supply chain,
specifically for military aircraft and vehicle tires.
(2) An overview of the current investment of the Department
of Defense in domestic natural rubber production and the plans
of the Department for scaling and expanding such production to
offset one percent of the annual importation of natural rubber
into the United States.
(3) A plan to provide additional funding for the
initiatives identified in paragraph (2) to achieve fielding of
products and components with natural rubber from domestic
sources not later than the end of fiscal year 2027.
(4) A strategy of United States-based rubber industry
partners and component manufacturers for collaboration,
codevelopment, and joint interest.
(5) A detailed description of the policies, procedures,
budgets, and accelerated acquisition and contracting mechanisms
of the Department of Defense for near-term insertion of
domestic natural rubber content to test and evaluate
performance of natural rubber from domestic sources for
tactical aircraft performance.
SEC. 873. INCREASED COMPETITIVE OPPORTUNITIES AND STRATEGY FOR CERTAIN
CRITICAL TECHNOLOGY CONTRACTORS.
(a) Authorities.--
(1) In general.--The Secretary of Defense shall seek to
increase competitive opportunities for appropriate U.S.
companies to be awarded prime contracts, grants, cooperative
agreements, or other transactions for commercial products or
dual-use capabilities of which any component primarily relates
to critical technology.
(2) Strategy.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop and implement a comprehensive strategy to increase
competitive opportunities available for appropriate U.S.
companies and protect the integrity of the defense industrial
base. The strategy shall include the following:
(A) A description of methods to enhance the
availability of funds authorized by sections 4021 and
4022 of title 10, United States Code, for appropriate
U.S. companies to develop end items of critical
technologies, to rapidly prototype such end items, to
conduct continuous experimentation to improve such end
items, and to deliver capabilities to the Department of
Defense.
(B) Processes to monitor and mitigate risks to the
defense industrial base.
(C) Processes to improve coordination by the
military departments and other elements of the
Department of Defense to carry out subparagraphs (A)
and (B).
(b) Report.--Along with the report required under section 4814 of
title 10, United States Code, that is due after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
appropriate U.S. companies, shall submit a report on the implementation
of the strategy required in subsection (a)(2) and progress made to
monitor and mitigate risks to the defense industrial base.
(c) Definitions.--In this section:
(1) The term ``appropriate U.S. 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 ``commercial product'' has the meaning given
in section 3011 of title 10, United States Code.
(3) The term ``dual-use'' has the meaning given in section
4801 of title 10, United States Code.
(4) The term ``critical technology'' means a technology
identified as critical by the Secretary of Defense, which shall
include--
(A) biotechnology;
(B) quantum science;
(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 cyber;
(J) autonomous systems;
(K) unmanned systems;
(L) advanced sensing systems; and
(M) advanced communications systems.
SEC. 874. DUTIES OF SMALL BUSINESS DEVELOPMENT CENTER COUNSELORS.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended by
adding at the end the following:
``(o) Cyber Strategy Training for Small Business Development
Centers.--
``(1) Definitions.--In this subsection--
``(A) the term `cyber strategy' means resources and
tactics to assist in planning for cybersecurity and
defending against cyber risks and cyber attacks; and
``(B) the term `lead small business development
center' means a small business development center that
has received a grant from the Administration.
``(2) Certification program.--The Administrator shall
establish a cyber counseling certification program, or approve
a similar existing program, to certify the employees of lead
small business development centers to provide cyber planning
assistance to small business concerns.
``(3) Number of certified employees.--The Administrator
shall ensure that the number of employees of each lead small
business development center who are certified in providing
cyber planning assistance under this subsection is not fewer
than the lesser of--
``(A) 5; or
``(B) 10 percent of the total number of employees
of the lead small business development center.
``(4) Consideration of small business development center
cyber strategy.--In carrying out this subsection, the
Administrator, to the extent practicable, shall consider any
cyber strategy methods included in the Small Business
Development Center Cyber Strategy developed under section
1841(a) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2662).
``(5) Reimbursement for certification.--
``(A) In general.--Subject to the availability of
appropriations and subparagraph (B), the Administrator
shall reimburse a lead small business development
center for costs relating to the certification of an
employee of the lead small business development center
under the program established under paragraph (2).
``(B) Limitation.--The total amount reimbursed by
the Administrator under subparagraph (A) may not exceed
$350,000 in any fiscal year.''.
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.
(a) 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 ``18''.
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by striking ``(14)'' after ``Assistant
Secretaries of Defense'' and inserting ``(18)''.
(b) Increase in Authorized Number of Deputy Assistant Secretaries
of Defense.--
(1) Increase.--Section 138 of such title is amended by
adding at the end the following new subsection:
``(e) The maximum number of Deputy Assistant Secretaries of Defense
is 57.''.
(2) Conforming repeal.--Section 908 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 138 note) is repealed.
SEC. 902. RESPONSIBILITIES OF ASSISTANT SECRETARY OF DEFENSE FOR
SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT.
Section 138(b)(2)(A) of title 10, United States Code, is amended by
inserting ``(including explosive ordnance disposal)'' after ``low
intensity conflict activities''.
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. ELIGIBILITY OF CHIEF OF THE NATIONAL GUARD BUREAU FOR
APPOINTMENT AS CHAIRMAN OF THE JOINT CHIEFS OF STAFF.
Section 152(b)(1)(B) of title 10, United States Code, is amended by
striking ``the Commandant of the Marine Corps, or the Chief of Space
Operations'' and inserting ``the Commandant of the Marine Corps, the
Chief of Space Operations, or the Chief of the National Guard Bureau''.
SEC. 912. 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. 913. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
Section 2284(b) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) in subparagraph (B), by striking ``the
Department of Defense'' and all that follows and
inserting ``the Program;'';
(C) by adding at the end the following new
subparagraphs:
``(C) direct the executive agent to designate a
joint program executive officer for the Program; and
``(D) assign the Director of the Defense Threat
Reduction Agency to manage the Defense-wide program
element funding for the Program.''.
(2) by striking paragraph (4);
(3) by redesignating paragraph (5) as paragraph (4);
(4) in paragraph (4), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(5) by adding at the end the following new paragraphs:
``(5) the Secretary of the Navy shall designate a Navy
explosive ordnance disposal-qualified admiral officer to serve
as the co-chair of the Program; and
``(6) the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict shall designate the
Deputy Assistant Secretary of Defense for Special Operations
and Combating Terrorism as the co-chair of the Program.''.
SEC. 914. MODIFICATION OF REPORT REGARDING THE DESIGNATION OF THE
EXPLOSIVE ORDNANCE DISPOSAL CORPS AS A BASIC BRANCH OF
THE ARMY.
Section 582(b)(2) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 3063 note) is amended--
(1) in subparagraph (F), by inserting ``National Guard
Bureau,'' before ``Army Forces Command''; and
(2) by adding at the end the following new subparagraph:
``(H) The Secretary of the Army has designated an
Assistant Secretary of the Army as the key individual
responsible for developing and overseeing policy,
plans, programs, and budgets, and issuing guidance and
providing direction on the explosive ordnance disposal
activities of the Army.''.
SEC. 915. CLARIFICATION OF ROLES AND RESPONSIBILITIES FOR FORCE
MODERNIZATION EFFORTS OF THE ARMY.
(a) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a plan that comprehensively defines the roles and
responsibilities of officials and organizations of the Army with
respect to the force modernization efforts of the Army.
(b) Elements.--The plan under subsection (a) shall--
(1) identify the official within the Army who shall have
primary responsibility for the force modernization efforts of
the Army, and specify the roles, responsibilities, and
authorities of that official;
(2) clearly define the roles, responsibilities, and
authorities of the Army Futures Command and the Assistant
Secretary of the Army for Acquisition, Logistics, and
Technology with respect to such efforts;
(3) clarify the roles, responsibilities, and authorities of
officials and organizations of the Army with respect to
acquisition in support of such efforts; and
(4) include such other information as the Secretary of the
Army determines appropriate.
(c) Role of Army Futures Command.--In the event the Secretary of
the Army does not submit the plan required under subsection (a) by the
expiration of the 180 day period specified in such subsection, then
beginning at the expiration of such period--
(1) the Commanding General of the Army Futures Command
shall have the roles, responsibilities, and authorities
assigned to the Commanding General pursuant to Army Directive
2020-15 (``Achieving Persistent Modernization'') as in effect
on November 16, 2020; and
(2) any provision of Army Directive 2022-07 (``Army
Modernization Roles and Responsibilities''), or any successor
directive, that modifies or contravenes a provision of the
directive specified in paragraph (1) shall have no force or
effect.
SEC. 916. REPORT ON POTENTIAL TRANSITION OF ALL MEMBERS OF 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.
SEC. 917. SENSE OF CONGRESS ON THE ELECTROMAGNETIC SPECTRUM SUPERIORITY
STRATEGY.
It is the sense of Congress that--
(1) the Department of Defense released the Electromagnetic
Spectrum Superiority Strategy (October 2020) and an
Implementation Plan for such strategy (August 2021);
(2) the purpose of the Electromagnetic Spectrum Superiority
Strategy is to align electromagnetic spectrum activities across
the Department of Defense to solve persistent gaps in the
ability of the United States to project, achieve, and sustain
electromagnetic spectrum superiority against adversaries and
peer competitors, most notably Russia and People's Republic of
China;
(3) a goal of the Electromagnetic Spectrum Superiority
Strategy is to ``Establish Effective EMS Governance'' to unify
Department of Defense-wide electromagnetic spectrum enterprise
activities, develop a continuous process improvement culture,
and promote policies that support Department of Defense
electromagnetic spectrum capabilities and operations;
(4) electromagnetic spectrum superiority underpins each of
the four priorities of the 2022 National Defense Strategy of
the Department of Defense;
(5) the projecting, achievement, and sustainment of
electromagnetic spectrum superiority is inherently a joint
operational mission that is fundamental to the success of
military missions carried out by the United States and its
allies across all warfighting domains;
(6) electromagnetic spectrum operations leadership in the
Pentagon must be consolidated and unambiguous to address
persistent gaps in coordination of joint electronic warfare
among the services and fragmentation in guidance from
leadership in the Department of Defense; and
(7) the Secretary of Defense--
(A) should provide to Congress an unclassified
version of the Implementation Plan for the
Electromagnetic Spectrum Superiority Strategy in all
future updates to the plan; and
(B) as part of implementing the Electromagnetic
Spectrum Superiority Strategy, should--
(i) strengthen governance reforms to ensure
necessary senior operational leadership; and
(ii) provide a coherent response to
persistent gaps in joint electromagnetic
spectrum operations across the areas of
Doctrine, Organization, Training, Materiel,
Leadership, Personnel, Facilities and Policy
(DOTMLPF-P);
Subtitle C--Space National Guard
SEC. 921. ESTABLISHMENT OF SPACE NATIONAL GUARD.
(a) Establishment.--
(1) In general.--There is established a Space National
Guard that is part of the organized militia of the several
States and Territories, Puerto Rico, and the District of
Columbia--
(A) in which the Space Force operates or where
there are significant space launch or mission control
facilities; and
(B) active and inactive.
(2) Reserve component.--There is established a Space
National Guard of the United States that is the reserve
component of the United States Space Force all of whose members
are members of the Space National Guard.
(b) Composition.--The Space National Guard shall be composed of the
Space National Guard forces of the several States and Territories,
Puerto Rico and the District of Columbia--
(1) in which the Space Force operates or where there are
significant space launch or mission control facilities; and
(2) active and inactive.
SEC. 922. NO EFFECT ON MILITARY INSTALLATIONS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to authorize or require the relocation of any
facility, infrastructure, or military installation of the Space
National Guard or Air National Guard.
SEC. 923. IMPLEMENTATION OF SPACE NATIONAL GUARD.
(a) Requirement.--Except as specifically provided by this subtitle,
the Secretary of the Air Force and Chief of the National Guard Bureau
shall implement this subtitle, and the amendments made by this
subtitle, not later than 18 months after the date of the enactment of
this Act.
(b) Briefings.--Not later than 90 days after the date of the
enactment of this Act, and annually for the five subsequent years, the
Secretary of the Air Force, Chief of the Space Force and Chief of the
National Guard Bureau shall jointly provide to the congressional
defense committees a briefing on the status of the implementation of
the Space National Guard pursuant to this subtitle and the amendments
made by this subtitle. This briefing shall address the current
missions, operations and activities, personnel requirements and status,
and budget and funding requirements and status of the Space National
Guard, and such other matters with respect to the implementation and
operation of the Space National Guard as the Secretary and the Chiefs
jointly determine appropriate to keep Congress fully and currently
informed on the status of the implementation of the Space National
Guard.
SEC. 924. CONFORMING AMENDMENTS AND CLARIFICATION OF AUTHORITIES.
(a) Definitions.--
(1) Title 10, united states code.--Title 10, United States
Code, is amended--
(A) in section 101--
(i) in subsection (c)--
(I) by redesignating paragraphs (6)
and (7) as paragraphs (8) and (9),
respectively; and
(II) by inserting after paragraph
(5) the following new paragraphs:
``(6) The term `Space National Guard' means that part of
the organized militia of the several States and territories,
Puerto Rico, and the District Of Columbia, active and inactive,
that--
``(A) is a space force;
``(B) is trained, and has its officers appointed
under the sixteenth clause of section 8, article I of
the Constitution;
``(C) is organized, armed, and equipped wholly or
partly at Federal expense; and
``(D) is federally recognized.
``(7) The term `Space National Guard of the United States'
means the reserve component of the Space Force all of whose
members are members of the Space National Guard.''; and
(B) in section 10101--
(i) in the matter preceding paragraph (1),
by inserting ``the following'' before the
colon; and
(ii) by adding at the end the following new
paragraph:
``(8) The Space National Guard of the United States.''.
(2) Title 32, united states code.--Section 101 of title 32,
United States Code is amended--
(A) by redesignating paragraphs (8) through (19) as
paragraphs (10) and (21), respectively; and
(B) by inserting after paragraph (7) the following
new paragraphs:
``(8) The term `Space National Guard' means that part of
the organized militia of the several States and territories,
Puerto Rico, and the District Of Columbia, in which the Space
Force operates, active and inactive, that--
``(A) is a space force;
``(B) is trained, and has its officers appointed
under the sixteenth clause of section 8, article I of
the Constitution;
``(C) is organized, armed, and equipped wholly or
partly at Federal expense; and
``(D) is federally recognized.
``(9) The term `Space National Guard of the United States'
means the reserve component of the Space Force all of whose
members are members of the Space National Guard.''.
(b) Reserve Components.--Chapter 1003 of title 10, United States
Code, is amended--
(1) by adding at the end the following new sections:
``Sec. 10115. Space National Guard of the United States: composition
``The Space National Guard of the United States is the reserve
component of the Space Force that consists of--
``(1) federally recognized units and organizations of the
Space National Guard; and
``(2) members of the Space National Guard who are also
Reserves of the Space Force.
``Sec. 10116. Space National Guard: when a component of the Space Force
``The Space National Guard while in the service of the United
States is a component of the Space Force.
``Sec. 10117. Space National Guard of the United States: status when
not in Federal service
``When not on active duty, members of the Space National Guard of
the United States shall be administered, armed, equipped, and trained
in their status as members of the Space National Guard.''; and
(2) in the table of sections at the beginning of such
chapter, by adding at the end the following new items:
``10115. Space National Guard of the United States: composition.
``10116. Space National Guard: when a component of the Space Force.
``10117. Space National Guard of the United States: status when not in
Federal service.''.
TITLE X--GENERAL PROVISIONS
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. 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. 1003. SENSE OF CONGRESS RELATING TO ENLISTED PERSONNEL
SUBSISTENCE.
It is the sense of Congress that the Secretary of Defense should
establish clear and consistent definitions of key terms for use in
reporting budgetary and financial information related to enlisted
personnel subsistence. This information should be provided to Congress
as part of the Department of Defense budget justification materials
relating to military personnel.
SEC. 1004. SENSE OF CONGRESS RELATING TO THE CORRECTIVE ACTION PLANS
REVIEW PROCESS.
It is the sense of Congress that the Deputy Chief Financial Officer
should incorporate appropriate steps to improve its corrective action
plans review process, including notices of findings and recommendations
are appropriately linked to the correct corrective action plans to
address such notices. The Deputy Chief Financial Officer should also
update Department of Defense guidance to instruct the Department and
components of the Department to document root cause analysis when
needed to address deficiencies auditors identified. The Deputy Chief
Financial Officer must provide a briefing to the relevant congressional
committees on the efforts of the Department of Defense to link notices
of findings and recommendations with the correct corrective action
plans.
SEC. 1005. SENSE OF CONGRESS RELATING TO THE FRAUD REDUCTION TASK
FORCE.
It is the sense of Congress that the Deputy Chief Financial
Officer should ensure that the Secretary of Defense designates all
representatives to the Fraud Reduction Task Force as quickly as
possible.
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''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. 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''.
(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. 1022. NUMBER OF NAVY OPERATIONAL AMPHIBIOUS SHIPS.
Section 8062 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) The naval combat forces of the Navy shall include not less
than 31 operational amphibious ships, comprised of LSD-41 class ships,
LSD-49 class ships, LPD-17 class ships, LPD-17 Flight II class ships,
LHD-1 class ships, LHA-6 Flight 0 class ships, and LHA-6 Flight I class
ships. For purposes of this subsection, an operational amphibious ship
includes an amphibious ship that is temporarily unavailable for
worldwide deployment due to routine or scheduled maintenance or
repair.''.
SEC. 1023. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
LANDING DOCK SHIPS.
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 retire, prepare to retire,
inactivate, or place in storage any of the following ships:
(1) USS Germantown (LSD-42).
(2) USS Gunston Hall (LSD-44).
(3) USS Tortuga (LSD-46).
(4) USS Ashland (LSD-48).
SEC. 1024. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
GUIDED MISSILE CRUISERS.
(a) In General.--Subject to 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 to retire, prepare to retire, inactivate, or place in storage
more than four guided missile cruisers.
(b) USS Vicksburg.--The USS Vicksburg may not be retired, prepared
to retire, inactivated, or placed in storage pursuant to subsection
(a).
SEC. 1025. BUSINESS CASE ANALYSES ON DISPOSITION OF CERTAIN GOVERNMENT-
OWNED DRY-DOCKS.
(a) AFDM-10.--Not later than March 1, 2023, the Secretary of the
Navy shall submit to the congressional defense committees the results
of a business case analysis under which the Secretary shall present a
comparison of the following four options for Auxiliary Floating Dock,
Medium-10 in Seattle, Washington (in this section referred to as
``AFDM-10''):
(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 and use of AFDM-10 in alternate
locations under the same lease authorities in effect on the
date of the enactment of this Act.
(3) The relocation and use of AFDM-10 in alternate
locations under alternative lease authorities.
(4) 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.
(b) Graving Dock at Naval Base, San Diego.--Not later than March 1,
2023, the Secretary of the Navy shall submit to the congressional
defense committees the results of a business case analysis under which
the Secretary shall present a comparison of the following two options
for the Government-owned graving dock at Naval Base San Diego,
California:
(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) The lease of such graving dock to an appropriate non-
Government entity with expertise in the non-nuclear ship repair
industry.
SEC. 1026. 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, the Marine Mammal System
program, 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 System
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 System
program, including a detailed explanation of such deployment.
SEC. 1027. DEADLINE FOR 75 PERCENT MANNING FILL FOR SHIPS UNDERGOING
NUCLEAR REFUELING OR DEFUELING.
By not later than December 31, 2023, the Secretary of the Navy
shall ensure that the manning fill for each ship undergoing nuclear
refueling or defueling, and any concurrent complex overhaul, is not
less than--
(1) 75 percent overall; and
(2) 75 percent for enlisted grades E-6 and above.
SEC. 1028. PROHIBITION ON DEACTIVATION OF NAVY COMBAT DOCUMENTATION
DETACHMENT 206.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Navy may be
obligated or expended to deactivate, or prepare to deactivate Navy
Combat Documentation Detachment 206.
SEC. 1029. 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)
``(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 character 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. 1030. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
EXPEDITIONARY TRANSFER DOCK SHIPS.
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 retire, prepare to retire,
inactivate, or place in storage the following ships:
(1) ESD-1.
(2) ESD-2.
SEC. 1031. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
LITTORAL COMBAT SHIPS.
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 retire, prepare to retire,
inactivate, or place in storage more than four Littoral Combat Ships.
SEC. 1032. BRIEFING ON FIELDING OF SPEIR ON ALL SURFACE COMBATANT
VESSELS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Navy shall provide to the congressional
defense committees a briefing on an assessment, including cost, of
fielding SPEIR on all surface combatant vessels.
SEC. 1033. REPORT ON EFFECTS OF MULTIPLE AWARD CONTRACT-MULTI ORDER
CONTRACTING.
(a) In General.--Not later than October 1, 2023, the Secretary of
the Navy shall submit to the congressional defense committees a
comprehensive report on the effects of Multiple Award Contract-multi
Order contracting (in this section referred to as ``MAC-MO'') on battle
force ship availability and maintenance costs.
(b) Matters for Inclusion.--The report required by subsection (a)
shall include each of the following:
(1) An analysis plan for the MAC-MO strategy.
(2) Lessons learned from the MAC-MO strategy
implementation.
(3) A description of the effects of competition
opportunities following the shift to MAC-MO.
(4) An identification of best practices from the previous
Multi-ship Multi-Option strategy that have been identified and
applied to the MAC-MO strategy.
(5) An assessment of current perform-to-plan metrics and
how such metrics have influenced ongoing contracting processes.
(6) An assessment of MAC-MO strategy on ship maintenance
availabilities.
(7) An assessment of ship maintenance workload
predictability under the MAC-MO strategy.
(8) An identification of any planned changes to account for
schedule delays.
(9) An assessment of possible maintenance delays due to
contract award processing that cross fiscal years.
SEC. 1034. CONGRESSIONAL NOTIFICATION REGARDING PENDING RETIREMENT OF
NAVAL VESSELS VIABLE FOR ARTIFICIAL REEFING.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of the Navy should explore and solicit artificial reefing
opportunities with appropriate entities for any naval vessel planned
for retirement before initiating any plans to dispose of the vessel.
(b) Report.--Not later than 90 days before the retirement from the
Naval Vessel Register of any naval vessel that is a viable candidate
for artificial reefing, the Secretary of the Navy shall submit to the
Committees on Armed Services of the Senate and House of Representatives
notice of the pending retirement of such vessel.
SEC. 1034A. AWARD OF CONTRACTS FOR SHIP REPAIR WORK TO NON-HOMEPORT
SHIPYARDS TO MEET SURGE CAPACITY.
Section 8669a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) In order to meet surge capacity, the Secretary of the Navy
may solicit proposals from, and award contracts for ship repair to,
non-homeport shipyards that otherwise meet the requirements of the Navy
for ship repair work.''.
Subtitle D--Counterterrorism
SEC. 1035. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used during the period
beginning on the date of the enactment of this Act and ending on
December 31, 2023, to transfer, release, or assist in the transfer or
release of any individual detained in the custody or under the control
of the Department of Defense at United States Naval Station, Guantanamo
Bay, Cuba, to the custody or control of any country, or any entity
within such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
(5) Afghanistan.
SEC. 1036. REPORT ON THREAT POSED BY DOMESTIC TERRORISTS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the officials specified in subsection (c), shall submit to the
congressional defense committees a report that includes an evaluation
of the nature and extent of the domestic terror threat and domestic
terrorist groups.
(b) Elements.--The report under subsection (a) shall--
(1) describe the manner in which domestic terror activity
is tracked and reported;
(2) identify all known domestic terror groups, whether
formal in nature or loosely affiliated ideologies, including
groups motivated by a belief system of white supremacy such as
the Proud Boys and Boogaloo;
(3) include a breakdown of the ideology of each group; and
(4) describe the efforts of such groups, if any, to
infiltrate or target domestic constitutionally protected
activity by citizens for cooption or to carry out attacks, and
the number of individuals associated or affiliated with each
group that engages in such efforts.
(c) Officials Specified.--The officials specified in this
subsection are the following:
(1) The Director of the Federal Bureau of Investigation
(2) The Under Secretary of Homeland Security for
Intelligence and Analysis.
(3) The Director of National Intelligence.
SEC. 1037. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF
SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.
Section 127e of title 10, United States Code, is amended--
(1) in subsection (c)(2) by adding at the end of the
following new subparagraph--
``(D) The processes through which the Secretary, in
consultation with the Secretary of State, shall ensure
that, prior to a decision to provide any support to
foreign forces, irregular forces, groups, or
individuals, full consideration is given to any
credible information available to the Department of
State relating to violations of human rights by such
entities.''.
(2) in subsection (d)(2)--
(A) in subparagraph (H), by inserting ``, including
the promotion of good governance and rule of law and
the protection of civilians and human rights'' before
the period at the end;
(B) in subparagraph (I)--
(i) by striking the period at the end and
inserting ``or violations of the laws of armed
conflict, including the Geneva Conventions of
1949, including--''; and
(ii) by adding at the end the following new
clauses:
``(i) vetting units receiving such support
for violations of human rights;
``(ii) providing human rights training to
units receiving such support; and
``(iii) providing for the investigation of
allegations of gross violations of human rights
and termination of such support in cases of
credible information of such violations.''; and
(C) by adding at the end the following new
subparagraph:
``(J) A description of the human rights record of
the recipient, including for purposes of section 362 of
this title, and any relevant attempts by such recipient
to remedy such record.'';
(3) in subsection (i)(3) by adding at the end the following
new subparagraph:
``(I) An assessment of how support provided under
this section advances United States national security
priorities and aligns with other United States
Government efforts to address underlying risk factors
of terrorism and violent extremism, including
repression, human rights abuses, and corruption.''; and
(4) by adding at the end the following new subsections:
``(j) Prohibition on Use of Funds.--(1) Except as provided in
paragraphs (2) and (3), no funds may be used to provide support to any
foreign forces, irregular forces, groups, or individuals if the
Secretary of Defense has credible information that the unit has
committed a gross violation of human rights.
``(2) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition under paragraph (1) if
the Secretary determines that the waiver is required by extraordinary
circumstances.
``(3) The prohibition under paragraph (1) shall not apply with
respect to the foreign forces, irregular forces, groups, or individuals
of a country if the Secretary of Defense determines that--
``(A) the government of such country has taken all
necessary corrective steps; or
``(B) the support is necessary to assist in disaster relief
operations or other humanitarian or national security
emergencies.
``(k) Savings Clause.--Nothing in this section shall be construed
to constitute a specific statutory authorization for any of the
following:
``(1) The conduct of a covert action, as such term is
defined in section 503(e) of the National Security Act of 1947
(50 U.S.C. 3093).
``(2) The introduction of United States armed forces,
within the meaning of section 5(b) of the War Powers
Resolution, into hostilities or into situations wherein
hostilities are clearly indicated by the circumstances.
``(3) The provision of support to regular forces, irregular
forces, groups, or individuals for the conduct of operations
that United States Special Operations Forces are not otherwise
legally authorized to conduct themselves.
``(4) The conduct or support of activities, directly or
indirectly, that are inconsistent with the laws of armed
conflict.''.
SEC. 1038. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF
SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE.
Section 1202 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1639) is amended--
(1) in subsection (c)(2), by adding at the end of the
following new subparagraph:
``(D) The processes through which the Secretary
shall, in consultation with the Secretary of State,
ensure that prior to a decision to provide support to
individual members or units of foreign forces,
irregular forces, or groups in a foreign country full
consideration is given to any credible information
available to the Department of State relating to gross
violations of human rights by such individuals or
units.'';
(2) in subsection (d)(2) of such section--
(A) by redesignating subparagraph (G) as
subparagraph (H); and
(B) by inserting after subparagraph (F) the
following new subparagraph (G):
``(G) A description of the human rights record of
the recipient, including for purposes of section 362 of
title 10, United States Code, and any relevant attempts
by such recipient to remedy such record.'';
(3) in subsection (h)(3), by adding at the end the
following new subparagraph:
``(I) An assessment of how support provided under
this section advances United States national security
priorities and aligns with other United States
Government interests in countries in which activities
under the authority in this section are ongoing.'';
(4) by redesignating subsection (i) as subsection (j); and
(5) by inserting after subsection (h) the following new
subsection (i):
``(i) Prohibition on Use of Funds.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), no funds may be used to provide support to any individual
member or unit of a foreign force, irregular force, or group in
a foreign country if the Secretary of Defense has credible
information that such individual or unit has committed a gross
violation of human rights.
``(2) Waiver authority.--The Secretary of Defense, after
consultation with the Secretary of State, may waive the
prohibition under paragraph (1) if the Secretary determines
that the waiver is required by extraordinary circumstances.
``(3) Exception.--The prohibition under paragraph (1) shall
not apply with respect to individual members or units of such
foreign forces, irregular forces, or groups if the Secretary of
Defense, after consultation with the Secretary of State,
determines that--
``(A) the government of such country has taken all
necessary corrective steps; or
``(B) the support is necessary to assist in
disaster relief operations or other humanitarian or
national security emergencies.''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. 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) in paragraph (3), by striking ``$15,000,000'' and
inserting ``$20,000,000''.
(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. 1042. SECURITY CLEARANCES FOR RECENTLY SEPARATED MEMBERS OF THE
ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE.
(a) Improvements.--
(1) In general.--Except as provided in subsection (b),
beginning on the date on which a covered individual separates
from the Armed Forces or the Department of Defense (as the case
may be), if the Secretary of Defense determines that the
covered individual held a security clearance immediately prior
to such separation and requires a security clearance of an
equal or lower level for employment as a covered contractor,
the Secretary shall--
(A) during the one-year period following such date,
treat the previously held security clearance as an
active security clearance for purposes of such
employment; and
(B) during the two-year period following the
conclusion of the period specified in subparagraph (A),
ensure that the adjudication of any request submitted
by the covered employee for the reactivation of the
previously held security clearance for purposes of such
employment is completed by not later than 180 days
after the date of such submission.
(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. 1043. SUBMISSION OF NATIONAL DEFENSE STRATEGY IN 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 unclassified form, but may include a classified
annex.''.
SEC. 1044. COMMON ACCESS CARDS FOR DEPARTMENT OF DEFENSE FACILITIES FOR
CERTAIN CONGRESSIONAL STAFF.
(a) In General.--The Secretary of Defense shall develop processes
and procedures under which the Secretary shall issue common access
cards to staff of the congressional defense committees who need such
access to facilitate the performance of required congressional
oversight activities. Such common access cards shall provide such staff
with access to all Department of Defense installations and facilities.
(b) Implementation.--The Secretary shall implement the processes
and procedures developed under subsection (a) by 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).
SEC. 1045. 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. 1046. REPOSITORY OF LOCAL NATIONALS WORKING FOR OR ON BEHALF OF
FEDERAL GOVERNMENT IN THEATER OF COMBAT OPERATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there are well documented administrative issues with
current and former Special Immigrant Visa programs that
significantly increase the application timeline and impact
applicants seeking to verify their eligibly for these programs;
(2) administrative issues such a verification of
employment, characterization of service, personnel data, and
biographical data needed for employment by a local national
employee but not centrally maintained should not be a barrier
for an applicant who has put themselves or their family at risk
by providing faithful and valuable service in support the
United States Government;
(3) upon studying existing databases within the federal
government, none meet the requirement that would provide a
centralized database that all federal departments and agencies
could utilize to ensure that in the future, eligible applicants
do not have applications delayed or denied due to missing
administrative data;
(4) the creation of such a database, exercising current
privacy data control policies, would streamline the application
process and provide independent and centralized verification
that an applicant is indeed eligible for the program; and
(5) Special Immigrant Visa programs are consistent with our
national values, and therefore, it is an obligation to make
sure the accurate data necessary to verify and complete these
applications expeditiously is available when needed.
(b) Database.--Not later than one year after the date of enactment
of this Act, the Secretary of Defense, in coordination with the
Secretary of State, shall establish and maintain a database listing all
foreign nationals working for the United States Government or any
contractor or subcontractor (at any tier) of the Department of Defense,
the Department of State, or any other agency or instrumentality of the
Executive branch in a theater of combat operations. This section and
the requirements of this section shall be carried out consistent with
the Privacy Act of 1974.
(c) Requirements.--The database established under subsection (b)
shall be electronic and searchable, and shall include, with respect to
each foreign national so listed, the following:
(1) Full name and date of birth.
(2) Contact information.
(3) Local national or State ID Number.
(4) Passport number, if applicable.
(5) Job location.
(6) The component of Government or contractor contact
information.
(7) Start and end dates, total length of service, and
whether the foreign national has met the length of service
requirement for the Special Immigrant Visa program in that
country, if applicable.
(8) A thorough description of work duties and the location
where duties were performed.
(9) Any other information the Secretary of Defense or
Secretary of State deems appropriate.
(d) Notification.--The Secretary of Defense, Secretary of State,
the head of any other agency or instrumentality of the Executive
branch, and each contractor or subcontractor (at any tier) of the
Department of Defense, the Department of State, or such other agency or
instrumentality, shall provide to any foreign national employee in the
database established under subsection (b), at the end of each year of
employment with the Government, contractor, or subcontractor (at any
tier) (as the case may be) and on the date such employment terminates,
a written certification regarding such employee's total length of
service.
SEC. 1047. TRANSFERS AND PAY OF NONAPPROPRIATED FUND EMPLOYEES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall update policies
and procedures, as needed, to expedite the process for interservice
transfers of nonappropriated fund employees. The Secretary shall
provide an update to the appropriate committees on the completion of
such updates.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit a report to the congressional
defense committees on the following:
(1) The impact of the change on the processing time for
transfers of nonappropropriated fund employees between
nonappropriated fund instrumentaliteis in different military
services.
(2) The impact of the changes on the processing time for
reinstatement of nonappropriated fund employees to a
nonappropriated fund instrumentality in a military service that
is different from the military service where the individual was
previously employed by a nonappropriated fund instrumentality.
(3) The impact of the changes on recruitment and retention
of nonappropriated fund employees in general and specifically
for nonappropriated fund employees of military child
development centers.
SEC. 1048. ESTABLISHMENT OF JOINT TRAINING PIPELINE BETWEEN UNITED
STATES NAVY AND ROYAL AUSTRALIAN NAVY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the AUKUS partnership between Australia, the United
Kingdom, and the United States presents a significant
opportunity to enhance security cooperation in the Indo-Pacific
region;
(2) parties to the AUKUS partnership should work
expeditiously to implement a strategic roadmap to successfully
deliver capabilities outlined in the agreement;
(3) the United States should engage with industry partners
to develop a comprehensive understanding of the requirements
needed to increase capacity and capability;
(4) Australia should continue to expand its industrial base
to support production and delivery of future capabilities;
(5) the delivery of a nuclear-powered submarine to the
Government of Australia would require the appropriate training
and development of future commanding officers to operate such
submarines for the Royal Australian Navy; and
(6) in order to uphold the stewardship of the Naval Nuclear
Propulsion Program, the Secretary of Defense should work to
coordinate an exchange program to integrate and train
Australian sailors for the operation and maintenance of
nuclear-powered submarines.
(b) Exchange Program.--The Secretary of Defense, in consultation
with the Secretary of Energy, shall carry out an exchange program for
Australian submarine officers during 2023 and each subsequent year.
Under the program, each year, a minimum of two Australian submarine
officers shall be selected to participate in the program. Each such
participant shall--
(1) receive training in the Navy Nuclear Propulsion School;
(2) following such training and by not later than July 1 of
the year of participation, enroll in the Submarine Office Basic
Course; and
(3) following completion of such course, be assigned to
duty on an operational United States submarine at sea.
(c) Report.--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 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. INSPECTOR GENERAL OVERSIGHT OF DEPARTMENT OF DEFENSE
ACTIVITIES IN RESPONSE TO RUSSIA'S FURTHER INVASION OF
UKRAINE.
The Inspector General of the Department of Defense Inspector
General shall carry out comprehensive oversight and conduct reviews,
audits, investigations, and inspections of the activities conducted by
the Department of Defense in response to Russia's further invasion of
Ukraine, initiated on February 24, 2022, including military assistance
provided to Ukraine by the Department of Defense.
SEC. 1050. CONSULTATION OF CONGRESSIONAL DEFENSE COMMITTEES IN
PREPARATION OF NATIONAL DEFENSE STRATEGY.
Section 113(g)(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (D) through (F) as
subparagraphs (E) through (G), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) In addressing the matters referred to in subparagraph (B)(i)
and (ii), the Secretary may seek the advice and views of the
congressional defense committees, through the Chair and Ranking Members
of the congressional defense committees. The congressional defense
committees, through the Chair and Ranking Member of the congressional
defense committees, may submit their advice and views to the Secretary
in writing. Any such written views shall be published as an annex to
the national defense strategy.''.
SEC. 1051. PROHIBITION ON USE OF FUNDS FOR AERIAL FUMIGATION IN
COLOMBIA.
None of the amounts authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for fiscal year
2022 may be used to directly conduct, support, assist, or contribute to
the performance of the aerial fumigation of crops in Colombia.
SEC. 1052. ASSESSMENT OF SUICIDE RISK AT MILITARY INSTALLATIONS.
(a) Procedure.--The Secretary of Defense, acting through the Under
Secretary of Defense for Personnel and Readiness and in collaboration
with the Defense Suicide Prevention Office. shall establish a procedure
for assessing suicide risk at military installations.
(b) Report.-- 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 strategy and procedure
for assessing suicide risk at military installations.
Subtitle F--Studies and Reports
SEC. 1061. 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. 1062. 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 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) is amended--
(1) in subsection (d)--
(A) in paragraph (1)(B)(iv), 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
(B) in paragraph (3), by striking ``December 31,
2023'' and inserting ``December 31, 2024''; and
(2) by adding at the end the following new subsection:
``(f) Quarterly Briefings.--Not later than 30 days after the last
day of each fiscal quarter, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and House of
Representatives a briefing on any assistance provided by the Department
of Defense to the border security mission of the Department of Homeland
Security at the international borders of the United States during the
quarter covered by the briefing. Each such briefing shall include each
of the elements specified in subsection (d)(1)(B) for such quarter.''.
SEC. 1063. 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. 1064. COMBATANT COMMAND RISK ASSESSMENT FOR AIRBORNE INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE.
(a) In General.--Not later than 60 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. 1065. REPORTS ON EFFECTS OF STRATEGIC COMPETITOR NAVAL FACILITIES
IN AFRICA.
(a) Initial Report.--
(1) In general.--Not later than May 15, 2023, the Secretary
of Defense shall submit to the appropriate congressional
committees a report on the effects on the national security of
the United States of current or planned covered naval
facilities in Africa.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An identification of--
(i) any location in Africa where a covered
naval facility has been established; and
(ii) any location in Africa where a covered
naval facility is planned for construction.
(B) A detailed description of--
(i) 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
(ii) 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.
(C) An assessment of--
(i) the effect that each current covered
naval facility has had on United States
interests, allies, and partners in and around
Africa;
(ii) the effect that each planned covered
naval facility is expected to have on United
States interests, allies, and partners in and
around Africa;
(iii) the policy objectives of China and
Russia in establishing current and future
covered naval facilities at the locations
identified under subparagraph (A); and
(iv) the specific military capabilities
supported by each current or planned covered
naval facility.
(b) Update to Report.--
(1) In general.--Not later than March 1, 2024, the
Secretary of Defense shall submit to the appropriate
congressional committees a report containing an update to the
report required under subsection (a).
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An identification of--
(i) any location in Africa where a covered
naval facility has been established since the
date of the submittal of the report under
subsection (a); and
(ii) any location in Africa where a covered
naval facility has been planned for
construction since such date.
(B) A detailed description of--
(i) any agreement entered into between
China or Russia and country or government in
Africa since such date providing for or
enabling the establishment of a covered naval
facility in Africa; and
(ii) any efforts by the Department of
Defense since such date to change force
posture, deployments, or other activities in
Africa as a result of current or planned
covered naval facilities in Africa.
(C) An updated assessment of--
(i) the effect that each current covered
naval facility has had on United States
interests, allies, and partners in and around
Africa since such date;
(ii) the effect that each planned covered
naval facility has had on United States
interests, allies, and partners in and around
Africa since such date;
(iii) the policy objectives of China and
Russia, including new objectives and changes to
objectives, in establishing current and future
covered naval facilities at the locations
identified in the report required under
subsection (a) or in subparagraph (A); and
(iv) the specific military capabilities
supported by each current or planned covered
naval facility at such locations, including new
capabilities and changes to capabilities.
(D) A detailed description of--
(i) the policy of the Department of Defense
surrounding strategic competitor efforts to
establish and maintain covered naval facilities
in Africa; and
(ii) any actual or planned actions taken by
the Department in response to such efforts and
in coordination with global Department
priorities, as identified in the national
defense strategy under section 113(g) of title
10, United States Code.
(c) Form.--A report required under subsection (a) or (b) 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 ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate.
(3) 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.
(4) 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.
SEC. 1066. 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. 1067. QUARTERLY REPORTS ON OPERATION SPARTAN SHIELD.
(a) In General.--The Inspector General of the Department of Defense
shall submit to the congressional defense committees, and make publicly
available on an appropriate website of the Department, quarterly
reports on Operation Spartan Shield in a manner consistent with section
8L of the Inspector General Act of 1978 (5 U.S.C. App.).
(b) Form of Reports.--Each report required under subsection (a)
shall be submitted in unclassified form, but may contain a classified
annex.
(c) Deadline for First Report.--The Inspector General shall submit
the first quarterly report required under subsection (a) by not later
than 180 days after the date of the enactment of this Act.
SEC. 1068. CONGRESSIONAL NOTIFICATION OF MILITARY INFORMATION SUPPORT
OPERATIONS IN THE INFORMATION ENVIRONMENT.
(a) In General.--Not later than 15 days before the Secretary of
Defense exercises the authority of the Secretary to conduct a new
military information support operation in the information environment,
as affirmed in section 1631(b) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 397 note), the
Secretary shall provide to the appropriate congressional committees
notice in writing of the intent to use such authority to conduct such
operation.
(b) Elements.--A notification under subsection (a) shall include
each of the following:
(1) A description of the type of support to be provided in
the operation.
(2) A description of the personnel engaged in supporting or
facilitating the operation.
(3) The amount obligated under the authority to provide
support.
(4) The expected duration of the operation and the desired
outcome of the operation.
(c) Annual Report.--Not later than 90 days after the last day of
any fiscal year during which the Secretary conducts a military support
operation in the information environment, the Secretary shall submit to
the appropriate congressional committees a report on all such
operations during such fiscal year. Such report shall include each of
the following for each activity conducted pursuant to such an
operation:
(1) The name of the activity.
(2) A description of the activity.
(3) The combatant command responsible for the activity.
(4) The desired outcome of the activity.
(5) The target audience for the activity.
(6) Any means of dissemination used in the conduct of the
activity.
(7) The cost of conducting the activity.
(8) An assessment of the effectiveness of the activity.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Permanent Select Committee on Intelligence and the
Committee on Foreign Affairs of the House of Representatives;
and
(3) the Select Committee on Intelligence and the Committee
on Foreign Relations of the Senate.
SEC. 1069. 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. 1070. REPORTS ON HOSTILITIES INVOLVING UNITED STATES ARMED FORCES.
(a) In General.--Not later than 48 hours after any incident in
which the United States Armed Forces are involved in an attack or
hostilities, whether in an offensive or defensive capacity, the
President 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 report on the
incident, unless the President--
(1) otherwise reports the incident within 48 hours pursuant
to section 4 of the War Powers Resolution (50 U.S.C. 1543); or
(2) has determined prior to the incident, and so reported
pursuant to section 1264 of the National Defense Authorization
Act for Fiscal Year 2018 (50 U.S.C. 1549), that the United
States Armed Forces involved in the incident would be operating
under specific statutory authorization within the meaning of
section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).
(b) Matters to Be Included.--Each report required by subsection (a)
shall include--
(1) the statutory and operational authorities under which
the United States Armed Forces were operating when the incident
occurred, including any relevant executive orders and an
identification of the operational activities authorized under
any such executive orders;
(2) the date, location, and duration of the incident and
the other parties involved;
(3) a description of the United States Armed Forces
involved in the incident and the mission of such Armed Forces;
(4) the numbers of any combatant casualties and civilian
casualties that occurred as a result of the incident; and
(5) any other information the President determines
appropriate.
(c) Form.--Each report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1071. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION WITH
UNITED STATES MILITARY OPERATIONS.
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, geographic
coordinates of any strike resulting in civilian
casualties occurring as a result of the conduct of the
operation.'' after ``location'';
(B) in subparagraph (D), by inserting before the
period the following: ``, including the justification
for each strike conducted as part of the operation'';
(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) For each strike carried out as part of the
operation, an assessment of the destruction of civilian
property.
``(G) A summary of the determination of each
completed civilian casualty assessment or
investigation.
``(H) For each investigation into 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.''.
SEC. 1072. JUSTIFICATION FOR TRANSFER OR ELIMINATION OF FLYING
MISSIONS.
(a) In General.--Prior to the relocation or elimination of any
flying mission, either with respect to an active or reserve component
of a covered Armed Force, 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
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
the homeland defense mission.
(4) A plan for how the Department of Defense intends to
fulfill or continue 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 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 national military airspace system.
(b) Covered Armed Force.--In this section, the term ``covered Armed
Force'' means--
(1) The Army.
(2) The Navy.
(3) The Air Force.
SEC. 1073. EQUIPMENT OF ARMY RESERVE COMPONENTS: ANNUAL REPORT TO
CONGRESS.
Section 10541(b)(10) of title 10, United States Code, is amended--
(1) in subparagraph (E), by striking ``and'';
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting, after subparagraph (E), the following new
subparagraph (F):
``(F) MQ-1C Gray Eagle Extended Range; and''.
SEC. 1074. PUBLIC AVAILABILITY OF REPORTS.
(a) Requirements for Withholding Certain Reports.--Section
122a(b)(2)(D) of title 10, United States Code, is amended--
(1) by striking the period at the end and inserting ``, if
the Secretary--'';
(2) by adding at the end the following new clauses:
``(A) gives public notice that the report will be
withheld pursuant to such determination; and
``(B) submits to the congressional defense
committees the reason for the determination that the
information should not be made available to the
public.''.
(b) Report 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, and make publicly available on an
appropriate website of the Department of Defense, a report on the
implementation of section 122a of title 10, United States Code, as
amended by subsection (a). Such report shall address--
(1) the procedures under which members of the public may
request a covered report under subsection (a)(2) of such
section 122a; and
(2) the procedures and criteria under which the Secretary
determines that a report that would otherwise be a covered
report should not be made publicly available pursuant to
subsection (b)(2)(D) of such section, as amended by subsection
(a).
SEC. 1075. QUARTERLY REPORTS ON EXPENDITURES FOR PLANNING AND DESIGN OF
INFRASTRUCTURE TO SUPPORT PERMANENT UNITED STATES FORCE
PRESENCE ON EUROPE'S EASTERN FLANK.
(a) 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 subsection (c) until the date on
which all such funds are expended.
(b) Contents.--Each report required under subsection (a) shall
include an expenditure plan for the establishment of infrastructure to
support permanent United States force presence in the covered region.
(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--
(1) Operation and Maintenance, Air Force, for Advanced
Planning for Infrastructure to Support Presence on NATO's
Eastern Flank;
(2) Operation and Maintenance, Army, for Advanced Planning
for Infrastructure to Support Presence on NATO's Eastern Flank;
and
(3) Military Construction, Defense-wide, Planning & Design:
EUCOM-Infrastructure to Support Presence on NATO's Eastern
Flank.
(d) Covered Region.--In this section, the term ``covered region''
means Romania, Poland, Lithuania, Latvia, Estonia, Hungary, Bulgaria,
and Slovakia.
SEC. 1076. STUDY ON MILITARY TRAINING ROUTES AND SPECIAL USE AIR SPACE
NEAR WIND TURBINES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) renewable energy development is expanding rapidly as
the United States continues to invest in diversifying its
energy portfolio;
(2) this expansion has to be carefully considered in its
potential impacts to low-level military training routes and
special use airspace of the Department of Defense;
(3) it is imperative that the United States preserves
access to national airspace for military test and training and
activities to ensure military readiness while facilitating
deployment of renewable energy projects, such as wind turbines,
that enhance national and economic security in ways that are
compatible with military airspace needs; and
(4) the rapid proliferation of wind turbines around the
world may require the Armed Forces to develop tactics,
training, and procedures for operations in the vicinity of wind
turbines in order to exploit potential adversaries' turbines
for tactical advantage.
(b) 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 impacts of wind
turbines on low-level training routes; and
(F) identify current training routes impacted 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) Coordination.--In carrying out paragraph (1), the
Secretary of Defense shall coordinate 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.
(c) 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 ``impacted 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. 1077. STUDY ON JOINT TASK FORCE INDO-PACIFIC.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commander of United States Indo-Pacific
Command shall submit to the congressional defense committees a report
on the results of a study conducted by the Commander on the
desirability and feasibility of establishing any of the following for
the Indo-Pacific region:
(1) A Joint Task Force.
(2) A sub-unified command.
(3) Another organizational structure to assume command and
control responsibility for contingency response in the region.
(b) Elements.--The study conducted under subsection (a) shall
include each of the following:
(1) An assessment of whether an additional organizational
structure would better facilitate the planning and execution of
contingency response in the Indo-Pacific region.
(2) An assessment of existing components and sub-unified
commands to determine if any such components or commands are
best positioned to assume the role of such an additional
organizational structure.
(3) An assessment of the risks and benefits of
headquartering such an additional organizational structure on
Guam (or additional locations if the Commander determines
appropriate), including a description and expected cost of any
required command and control or associated upgrades.
(4) An identification of any additional entities that could
be integrated, on a standing basis, into the staff of such an
additional organizational structure, along with associated
benefits, risks, and options to mitigate any risks.
(5) An assessment of whether the best option for such an
additional organizational structure would be a Joint Task
Force, a sub-unified command, or another organizational
structure, and what the best relationship would be with respect
to other current or future United States commands and task
forces in the Indo-Pacific region.
(6) A description of any additional resources or
authorizations that would be required to establish such an
additional organizational structure.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a classified annex.
SEC. 1078. BIANNUAL DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORTING
ON RESPONSE TO RUSSIAN AGGRESSION AND ASSISTANCE TO
UKRAINE.
(a) In General.--The Inspector General of the Department of Defense
shall provide to the appropriate congressional committees biannual
briefings on the status and findings of Inspector General oversight,
reviews, audits, and inspections of the activities conducted by the
Department of Defense response to Russia's further invasion of Ukraine,
initiated on February 24, 2022, including military assistance provided
to Ukraine by the Department of Defense and the programs, operations,
and contracts carried out with such funds, including--
(1) the oversight and accounting of the obligation and
expenditure of funds used to assist Ukraine and to respond to
Russia's further invasion of Ukraine;
(2) the monitoring and review of contracts supported by
such funds;
(3) the investigation of any relevant overpayments issues
and of legal compliance by Department of Defense officials,
contractors, and other relevant entities; and
(4) the investigation of any end-use monitoring issues
associated with articles provided to Ukraine.
(b) Termination.--No briefing shall be required under subsection
(a) after December 31, 2026.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Oversight and Reform and the Committee
on Foreign Affairs of the House of Representatives; and
(3) the Committee on Homeland Security and Governmental
Affairs and the Committee on Foreign Relations of the Senate.
SEC. 1079. REVIEW OF SECURITY ASSISTANCE PROVIDED TO ELIE WIESEL
COUNTRIES.
(a) Review Required.--Not later than 30 days after the transmission
of the first report required after the date of the enactment of this
Act under section 5 of the Elie Wiesel Genocide and Atrocities
Prevention Act of 2018 (Public Law 115-441; 22 U.S.C. 2651 note), the
Secretary of Defense shall conduct a review of risks related to the
Department of Defense provision of security assistance to countries
identified in the report as being at high or medium risk for
atrocities. Such review shall include an assessment of risk associated
with providing weapons and other forms of security cooperation programs
and assistance, including special operations forces programs, to the
governments of such countries, with respect to atrocities, conflict,
violence, and other forms of instability.
(b) Congressional Notification of Certain Changes.--If, as a result
of the review required under subsection (a), the Secretary determines
that the Department of Defense should stop or change the security
assistance provided to a country, the Secretary shall submit notice of
such determination to--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1079A. REPORT ON DEPARTMENT OF DEFENSE PRACTICES REGARDING
DISTINCTION BETWEEN COMBATANTS AND CIVILIANS IN UNITED
STATES MILITARY OPERATIONS.
(a) Report.--The Secretary of Defense shall seek to enter into an
agreement with a federally funded research and development center to
conduct 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 and
individual members of the Armed Forces have 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;
(B) target engagement criteria; and
(C) whether military-aged males were presumptively
targetable.
(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 assessment 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 United States
Armed Forces.
SEC. 1079B. REPORT ON DEPARTMENT OF DEFENSE RECRUITMENT ADVERTISING TO
RACIAL AND ETHNIC MINORITY COMMUNITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) efforts by the Armed Forces to ensure diversity among
the force are commendable;
(2) it is cause for concern that efforts by the Armed
Forces to ensure that the Armed Forces of the United States
reflect the society of the United States are being reduced by
the use of advertising that does not adequately target racial
and ethnic minority communities;
(3) the Armed Forces face many challenges but should
maintain, and where possible, increase advertising within
racial and ethnic minority communities to support the
commitment of the Armed Forces to ensuring a strong diverse
force;
(4) to adequately reach minority communities, the Armed
Forces should use minority-owned media outlets and advertising
agencies that have demonstrated an ability to connect with
racial and ethnic minority communities;
(5) recruitment advertising within minority communities is
an important avenue toward building interest and understanding
in serving the United States in uniform; and
(6) the Armed Forces and the Department of Defense should
maintain a commitment to diversity recruiting and retention.
(b) Report.--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 with minority-owned media outlets and advertising agencies
to adequately reach racial and ethnic minority communities.
SEC. 1079C. PUBLIC AVAILABILITY OF INFORMATION ABOUT COST OF UNITED
STATES OVERSEAS MILITARY FOOTPRINT.
Section 1090 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) is amended by adding at the end the
following new subsections:
``(c) Additional Information.--For fiscal year 2023 and each
subsequent fiscal year, the Secretary of Defense, in consultation with
the Commissioner of the Internal Revenue Service and the Director of
the Bureau of Economic Analysis, shall post on the public Internet
website of the Department of Defense the costs to each United States
taxpayer of the overseas military footprint of the United States,
including--
``(1) the costs of building, maintaining, staffing and
operating all overseas military bases and installations;
``(2) the personnel costs, including compensation, housing
and health care, for all members of the Armed Forces deployed
overseas at any point throughout the fiscal year;
``(3) the costs paid to contractors providing goods and
services in support of overseas military bases, installations,
and operations;
``(4) the costs of conducting all overseas military
operations, including operations conducted by United States
Armed Forces, operations conducted using unmanned weapons
systems, covert operations, and operations undertaken by, with,
and through partner forces;
``(5) the costs of all overseas military exercises
involving United States Armed Forces; and
``(6) the costs of all military training and assistance
provided by the United States to overseas partner forces.
``(d) Display of Information.--The information required to be
posted under subsections (a) and (c) shall--
``(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 overseas operation--
``(A) both the total cost to each taxpayer, and the
cost to each taxpayer for each fiscal year, of
conducting the overseas operation;
``(B) a list of countries where the overseas
operations have taken place; and
``(C) for each such country, both the total cost to
each taxpayer, and the cost to each taxpayer for each
fiscal year, of conducting the overseas operations in
that country.''.
SEC. 1079D. STUDY AND REPORT ON POTENTIAL INCLUSION OF BLACK BOX DATA
RECORDERS IN TACTICAL VEHICLES.
(a) Study.--The Comptroller General of the United States shall
conduct a study to evaluate the feasability and advisability of
equipping all tactical vehicles of the Armed Forces with black box data
recorders.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the results of the study
conducted under subsection (a).
SEC. 1079E. REPORT ON THE STRATEGY AND ENGAGEMENT EFFORTS OF THE ARMED
FORCES IN HAWAII.
(a) In General.--The Commander of the United States Indo-Pacific
Command shall, in collaboration with installation commanders and the
relevant service commands, develop and implement--
(1) a strategy to improve the engagement efforts of the
military with the local community in the State of Hawaii; and
(2) enhanced coordinated community engagement efforts (as
described in section 587 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81)) in the State of
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 that describes the results of the strategy
and engagement efforts implemented pursuant to subsection (a).
SEC. 1079F. DEPARTMENT OF DEFENSE ENGAGEMENT WITH NATIVE HAWAIIAN
ORGANIZATIONS.
(a) In General.--Not later than March 30, 2023, the Assistant
Secretary of Defense for Energy, Installations, and Environment shall
submit to the Committee on Armed Services of the House of
Representatives a report on Department of Defense plans to identify,
standardize, and coordinate best practices with respect to consultation
and engagement with the Native Hawaiian community.
(b) Contents of Report.--The report required under subsection (a)
shall include, at a minimum, the following:
(1) Plans for conducting education and training programs
relating to consultation and engagement with the Native
Hawaiian community, including--
(A) outreach activities for fiscal years 2023 and
2024; and
(B) the degree to which Native Hawaiian community
members 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 Native Hawaiian community groups involved
or to be involved in the consultation process to update
Department of Defense Instruction 4710.03 (or any successor
document).
(3) A description of how Department of Defense Instruction
4710.03 can be improved to reflect best practices and provide
continuity across the military departments in practices,
policies, training, and personnel who conduct consultation with
the Native Hawaiian community.
(4) A timeline for issuing the next update or successor
document to Department of Defense Instruction 4710.03.
(5) A description of how the Department of Defense can
enhance and expand education and training programs relating to
consultation and engagement with the Native Hawaiian community
and outreach activities for all commands and installations
within the State of Hawaii.
SEC. 1079G. FFRDC STUDY ON SHIPYARD INFRASTRUCTURE OPTIMIZATION PROGRAM
EFFORTS TO OPTIMIZE, RECAPITALIZE AND RECONFIGURE
FACILITIES AND INDUSTRIAL PLANT EQUIPMENT.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Navy shall seek to enter into
an agreement with an appropriate federally funded research and
development center for the conduct of a detailed analysis of the
efforts of the Shipyard Infrastructure Optimization Program to
optimize, recapitalize, and reconfigure facilities and industrial plant
equipment at the Navy's public shipyard. Such analysis shall not cover
any dry dock project.
(b) Matters for Consideration.--An analysis conducted pursuant to
an agreement under subsection (a) shall include a consideration of each
of the following items with respect to the Shipyard Infrastructure
Optimization Program:
(1) The adequacy of the cost estimate guidance and
methodology used by the Navy.
(2) The estimated long-term cost and maintenance
availability time savings offered from the specific, major
proposed facility and equipment improvements.
(3) The methodology of the Navy for prioritizing the
proposed facility and equipment improvements beyond their
expected service lives.
(4) A comparison of current Navy policies and procedures
for large facility improvements in excess of $500,000,000 to
best practices used by other Federal agencies and the private
sector.
(5) Options for improving the management and oversight of
the program, including staffing and contracting options for
ensuring the adequate oversight of contracted activities,
support provided to the public shipyards and local shipyard
construction agents, and best practices for the management of
large multi-contractor projects.
(6) Estimates for current public shipyard facility
restoration and modernization backlogs and the plans of the
Secretary of the Navy to mitigate the current backlog either
within the Shipyard Infrastructure Optimization Program or
through another program.
(7) Recommendations for improving the Shipyard
Infrastructure Optimization Program based on the results of the
analysis.
(c) Briefing.--Not later than 60 days after the completion of an
analysis pursuant to an agreement under subsection (a), the Secretary
of Navy shall submit to the congressional defense committees a report
on the results of the analysis.
(d) Public Availability.--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 by the Secretary publicly available on an appropriate website
of the center.
SEC. 1079H. STUDY ON EFFORTS OF THE DEPARTMENT OF DEFENSE TO REDUCE THE
USE OF SINGLE-USE PLASTICS.
(a) Study Required.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the efforts of the Department
of Defense to reduce reliance on single-use plastics.
(2) Elements.--The study required under paragraph (1) shall
address--
(A) the extent to which the Department of Defense--
(i) collects and tracks data on its use of
single-use plastics; and
(ii) has set targets for reducing the use
of such plastics;
(B) the status of the implementation of Department
of Defense Instruction 4715.23 and Executive Order
14057 as that instruction and order relate to single-
use plastics;
(C) any Department-wide or military service-
specific initiatives to reduce reliance on single use
plastics;
(D) any challenges that the Department faces in
reducing its reliance on single-use plastics and
possible mechanisms to address those challenges;
(E) any recommendations to improve the Department's
efforts to reduce single-use plastics; and
(F) any other matter the Comptroller General
determines is significant and relevant to the purposes
of the study.
(b) Interim Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall provide to the
congressional defense committees a briefing on any preliminary findings
of the study conducted under subsection (a).
(c) Final Results.--The Comptroller General shall provide the final
results of the study conducted under subsection (a) to the
congressional defense committees at such time and in such format as is
mutually agreed upon by the committees and the Comptroller General.
SEC. 1079I. REPORT ON LITTORAL EXPLOSIVE ORDNANCE NEUTRALIZATION
PROGRAM OF RECORD.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Marine Corps shall submit
to the congressional defense committees a report on the Littoral
Explosive Ordnance Neutralization (in this section referred to as
``LEON'') program of record.
(b) Matters for Inclusion.--The report required under subsection
(a) shall include each of the following:
(1) A detailed plan of action and milestones for the
implementation plan for the LEON program of record to enable
such program to reach fully operational capable status.
(2) An identification of any manning, training, equipping,
or funding shortfalls or other barriers that could prevent the
LEON program of record from reaching fully operational capable
status.
(3) A review of achievable, effective, and suitable
capabilities supporting technical architectures to collect,
store, manage, and disseminate information collected by LEON
sensors.
(c) Consideration.--In preparing the report required under
subsection (a), the Commandant shall take into consideration the
necessity of the Marine Corps explosive ordnance disposal requirements
pertaining to the very shallow water mine countermeasures mission.
SEC. 1079J. ASSESSMENT, PLAN, AND REPORTS ON THE AUTOMATED SURFACE
OBSERVING SYSTEM.
(a) Joint Assessment and Plan.--
(1) In general.--The Secretary of Defense, in collaboration
with the Administrator of the Federal Aviation Administration
and the Under Secretary of Commerce for Oceans and Atmosphere,
shall--
(A) conduct an assessment of resources, personnel,
procedures, and activities necessary to maximize the
functionality and utility of the automated surface
observing system of the United States that identifies--
(i) key system upgrades needed to improve
observation quality and utility for weather
forecasting, aviation safety, and other users;
(ii) improvements needed in observations
within the planetary boundary layer, including
mixing height;
(iii) improvements needed in public
accessibility of observational data;
(iv) improvements needed to reduce latency
in reporting of observational data;
(v) relevant data to be collected for the
production of forecasts or forecast guidance
relating to atmospheric composition, including
particulate and air quality data, and aviation
safety;
(vi) areas of concern regarding operational
continuity and reliability of the system, which
may include needs for on-night staff,
particularly in remote and rural areas and
areas where system failure would have the
greatest negative impact to the community;
(vii) stewardship, data handling, data
distribution, and product generation needs
arising from upgrading and changing the
automated surface observation systems;
(viii) possible solutions for areas of
concern identified under clause (vi), including
with respect to the potential use of backup
systems, power and communication system
reliability, staffing needs and personnel
location, and the acquisition of critical
component backups and proper storage location
to ensure rapid system repair necessary to
ensure system operational continuity; and
(ix) research, development, and transition
to operations needed to develop advanced data
collection, quality control, and distribution
so that the data are provided to models, users,
and decision support systems in a timely
manner; and
(B) develop and implement a plan that addresses the
findings of the assessment conducted under subparagraph
(A), including by seeking and allocating resources
necessary to ensure that system upgrades are
standardized across the Department of Defense, the
Federal Aviation Administration, and the National
Oceanic and Atmospheric Administration to the extent
practicable.
(2) Standardization.--Any system standardization
implemented under paragraph (1)(B) shall not impede activities
to upgrade or improve individual units of the system.
(3) Remote automatic weather station coordination.--The
Secretary of Defense, in collaboration with relevant Federal
agencies and the National Interagency Fire Center, shall assess
and develop cooperative agreements to improve coordination,
interoperability standards, operations, and placement of remote
automatic weather stations for the purpose of improving utility
and coverage of remote automatic weather stations, automated
surface observation systems, and other similar stations and
systems for weather and climate operations.
(b) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary of Defense, in
collaboration with the Administrator of the Federal Aviation
Administration and the Under Secretary of Commerce for Oceans
and Atmosphere, shall submit to the appropriate congressional
committees a report that--
(A) details the findings of the assessment required
by subparagraph (A) of subsection (a)(1); and
(B) the plan required by subparagraph (B) of such
subsection.
(2) Elements.--The report required by paragraph (1) shall
include a detailed assessment of appropriations required--
(A) to address the findings of the assessment
required by subparagraph (A) of subsection (a)(1); and
(B) to implement the plan required by subparagraph
(B) of such subsection.
(c) Government Accountability Office Report.--Not later than 4
years after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report that--
(1) evaluates the functionality, utility, reliability, and
operational status of the automated surface observing system
across the Department of Defense, the Federal Aviation
Administration, and the Administration;
(2) evaluates the progress, performance, and implementation
of the plan required by subsection (a)(1)(B);
(3) assesses the efficacy of cross-agency collaboration and
stakeholder engagement in carrying out the plan and provides
recommendations to improve such activities;
(4) evaluates the operational continuity and reliability of
the system, particularly in remote and rural areas and areas
where system failure would have the greatest negative impact to
the community, and provides recommendations to improve such
continuity and reliability;
(5) assesses Federal coordination regarding the remote
automatic weather station network, air resource advisors, and
other Federal observing assets used for weather and climate
modeling and response activities, and provides recommendations
for improvements; and
(6) includes such other recommendations as the Comptroller
General determines are appropriate to improve the system.
(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.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Commerce, Science, and Transportation
of the Senate.
(5) The Committee on Science, Space, and Technology of the
House of Representatives.
SEC. 1079K. ANNUAL REPORT ON USE OF SOCIAL MEDIA BY FOREIGN TERRORIST
ORGANIZATIONS.
(a) Annual Report.--The Director of National Intelligence, in
coordination with the Secretary of State and the Secretary of Defense,
shall submit to the appropriate congressional committees an annual
report on--
(1) the use of online social media platforms by entities
designated as foreign terrorist organizations by the Department
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.
(b) Appropriate Congressional Committees.--In this section, the
appropriate congressional committees are--
(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. 1079L. REPORT ON PROTECTION OF MEMBERS OF THE ARMED FORCES FROM
RUSSIAN-SPONSORED ARMED ATTACKS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report on the
actions taken to protect members of the Armed Forces of the United
States from armed attacks conducted by militants and terrorists in
pursuit of bounties and inducements the agencies, organizations, or
entities aligned with the Russian Federation.
SEC. 1079M. REPORT ON DESALINIZATION TECHNOLOGY.
Not later than 180 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 application of desalinization
technology for defense and national security purposes to provide
drought relief to areas affected by sharp declines in water resources.
SEC. 1079N. 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 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 the value, feasibility, and cost of
increasing United States military capabilities in the Caribbean
basin, particularly in and around Puerto Rico and the United
States Virgin Islands, to--
(A) combat transnational criminal organizations and
illicit narcotics and weapons trafficking in the
Caribbean basin, particularly in and around Puerto Rico
and the United States Virgin Islands;
(B) improve surveillance capabilities and maximize
the effectiveness of counter-trafficking operations in
the Caribbean region;
(C) ensure, to the greatest extent possible, that
United States Northern Command and United States
Southern Command have the necessary assets to support
and increase measures to detect, interdict, disrupt, or
curtail illicit narcotics and weapons trafficking
activities within their respective areas of operations
in the Caribbean basin;
(D) 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;
(E) increase supply chain resiliency and near-
shoring in global trade; and
(F) strengthen the ability of the security sector
to respond to, and become more resilient in the face
of, major disasters, including to ensure critical
infrastructure and ports can come back online rapidly
following disasters.
(2) An assessment of United States military force posture
in the Caribbean basin, particularly in and around Puerto Rico
and the United States Virgin Islands, and relevant locations in
the Caribbean basin.
(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. 1079O. ANNUAL REPORT ON UNFUNDED PRIORITIES OF DEFENSE POW/MIA
ACCOUNTING AGENCY.
Chapter 9 of title 10, United States Code, is amended by inserting
after section 222c the following new section:
``Sec. 222d. Unfunded priorities of Defense POW/MIA Accounting Agency:
annual report
``(a) Reports.--(a) Reports.-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, the Director of the
Defense POW/MIA Accounting Agency shall submit to the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff, and to the
congressional defense committees, a report on the unfunded priorities
of the Defense POW/MIA Accounting Agency.
``(b) Elements.--(1) 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) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(C) Account information with respect to such priority,
including the following (as applicable):
``(i) Line Item Number (LIN) for applicable
procurement accounts.
``(ii) Program Element (PE) number for applicable
research, development, test, and evaluation accounts.
``(iii) Sub-activity group (SAG) for applicable
operation and maintenance accounts.
``(2) Each report under subsection (a) shall present the unfunded
priorities covered by such report in order of urgency of priority.
``(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 the POW/MIA Accounting Agency
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 requirement associated with
an operational or contingency plan of a combatant command or
other validated requirement; and
``(3) would have been recommended for funding through the
budget referred to in paragraph (1) by the Director of the POW/
MIA Accounting Agency in connection with the budget if
additional resources had been available for the budget to fund
the program, activity, or mission requirement.''.
SEC. 1079P. REVIEW OF NAVY STUDY ON REQUIREMENTS FOR AND POTENTIAL
BENEFITS OF REALISTICALLY SIMULATING REAL WORLD AND NEAR
PEER ADVERSARY SUBMARINES.
The Secretary of the Navy shall conduct a review of the study
conducted by the Chief of Naval Operations, N94 entitled ``Requirements
for and Potential Benefits of Realistically Simulating Real World and
Near Peer Adversary Submarines'', published November 1, 2021, to
determine compliance with congressional intent and reconcile the
findings of the study with instructions provided by Congress through
the conference report 116-617 accompanying H.R. 6395, the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283). Such review shall include an addendum that
includes--
(1) views from Navy commands responsible for responding to
foreign threats from adversary manned, diesel-powered
submarines including the Navy's Fifth and Seventh Fleets,
including views on the ability to conduct threat assessments
related to submersibles operated by third world and near-peer
adversaries in the areas of operations of such commands; and
(2) input from relevant training schools and range
operators associated with antisubmarine warfare regarding
current training platforms intended to replicate such threats
and the effectiveness of such training platforms.
SEC. 1079Q. REPORT ON UNMANNED TRAFFIC MANAGEMENT SYSTEMS AT MILITARY
BASES AND INSTALLATIONS.
(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
appropriate congressional committees a report that includes--
(1) a detailed description of the threat of aerial drones
and unmanned aircraft to United States national security; and
(2) an assessment of the unmanned traffic management
systems of every military base and installation (within and
outside the United States) to determine whether the base or
installation is adequately equipped to detect, disable, and
disarm hostile or unidentified unmanned aerial systems.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Foreign Relations of the Senate.
(2) The Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Transportation and
Infrastructure of the House of Representatives.
SEC. 1079R. REPORT ON NON-DOMESTIC FUEL USE.
Not later than 60 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 total dollar amount the Department of
Defense spent on fuel from non-domestic sources during the period
beginning on January 1, 2021, and ending on the date of the enactment
of this Act.
SEC. 1079S. REPORT ON HUMAN TRAFFICKING AS A RESULT OF RUSSIAN INVASION
OF UKRAINE.
The Secretary of Defense, in consultation with the Secretary of
State, shall 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 on human
trafficking as a result of the Russian invasion of Ukraine.
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 section
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 4023''.
(5) Section 4423(e) is amended by striking ``section 4003''
and inserting ``section 4023''.
(6) Section 4831(a) is amended by striking ``section 4002''
and inserting ``section 4022''.
(7) Section 4833(c) is amended by striking ``section 4002''
and inserting ``section 4022''.
(b) NDAA for Fiscal Year 2022.--Effective as of December 27, 2021,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) is amended
as follows:
(1) Section 907(a) is amended by striking ``116-283'' and
inserting ``115-232''.
(c) National Defense Authorization Act for Fiscal Year 2020.--
Effective as of December 27, 2021, and as if included therein as
enacted, the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) is amended as follows:
(1) Section 905 is amended--
(A) in subsection (a)(2), by inserting a period at
the end; and
(B) in subsection (d)(1), by striking
``subparagraph (B)'' and inserting ``paragraph (2)''.
(d) National Defense Authorization Act for Fiscal Year 2014.--
Effective as of December 27, 2021, and as if included therein as
enacted, the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) is amended as follows:
(1) 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 ``of 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. RONALD V. DELLUMS MEMORIAL FELLOWSHIP FOR WOMEN OF COLOR IN
STEAM.
(a) Establishment.--The Secretary of Defense shall establish a
fellowship program, which shall be known as the ``Ronald V. Dellums
Memorial Fellowship for Women of Color in STEAM'', to provide
scholarships and internships for eligible students with high potential
talent in STEAM.
(b) Objectives.--In carrying out the program, the Secretary shall--
(1) consult with institutions of higher education and
relevant professional associations, nonprofit organizations,
and relevant defense industry representatives on the design of
the program; and
(2) design the program in a manner such that the program--
(A) increases awareness of and interest in
employment in the Department of Defense among
underrepresented students in the STEAM fields,
particularly women of color, who are pursuing a degree
in a STEAM field;
(B) supports the academic careers of
underrepresented students, especially women of color,
in STEAM fields; and
(C) builds a pipeline of women of color with
exemplary academic achievements in a STEAM field
relevant to national security who can pursue careers in
national security and in areas of national need.
(c) Components.--The fellowship program shall consist of--
(1) a scholarship program under subsection (d); and
(2) an internship program under subsection (e).
(d) Selection.--
(1) In general.--Each fiscal year, subject to the
availability of funds, the Secretary shall seek to select at
least 30 eligible students to participate in the fellowship
program under this section.
(2) Students from minority-serving institutions and
historically black colleges and universities.--The Secretary
may not award fewer than 50 percent of the fellowships under
this section to eligible students who attend historically Black
colleges and universities and minority-serving institutions.
(3) Priority.--In awarding scholarships under this section,
the Secretary shall give priority to students who are eligible
to receive Federal Pell Grants under section 401 of the Higher
Education Act of 1965 (20 U.S.C. 1070a).
(4) Scholarship.--
(A) Award.--Each fellow shall receive a scholarship
for each academic year of the fellowship program.
(B) Amount.--The amounts of scholarships awarded
under this section shall not exceed--
(i) $10,000 per student in an academic
year; and
(ii) $40,000 per student in the aggregate.
(C) Use of scholarship funds.--A fellow who
receives a scholarship may only use the scholarship
funds to pay for the cost of attendance at an
institution of higher education.
(5) Consideration of underrepresented students in steam
fields.--In awarding a fellowship under this section, the
Secretary shall consider--
(A) the number and distribution of minority and
female students nationally in science and engineering
majors;
(B) the projected need for highly trained
individuals in all fields of science and engineering;
(C) the present and projected need for highly
trained individuals in science and engineering career
fields in which minorities and women are
underrepresented; and
(D) the lack of minorities and women in national
security, especially in science and engineering fields
in which such individuals are traditionally
underrepresented.
(6) Student agreement.--As a condition of the receipt of a
scholarship under this section, a fellow shall agree--
(A) to maintain standard academic progress;
(B) to complete an internship described in
subsection (e) in a manner that the Secretary
determines is satisfactory; and
(C) upon completion of the degree that the student
pursues while in the fellowship program, to work for
the Federal Government or in the field of education in
the area of study for which the scholarship or
fellowship was awarded, for a period specified by the
Secretary, which shall not be longer than the period
for which scholarship assistance was provided to such
student.
(7) Enforcement of agreement.--The Secretary may enforce
the agreement under paragraph (6) as the Secretary determines
appropriate.
(8) Direct hire authority.--Any appointment of a fellow
under paragraph (6)(C) to a position in the Federal Government
shall be made without regard to the provisions of section 3304
and sections 3309 through 3318 of title 5, United States Code.
(e) Internship.--
(1) In general.--The Secretary shall establish an
internship program that provides each student who is awarded a
fellowship under this section with an internship in a an
organization or element of the Department of Defense.
(2) Requirements.--Each internship shall--
(A) to the extent practicable, last for a period of
at least 10 weeks;
(B) include a stipend for transportation and living
expenses incurred by the fellow during the fellowship;
and
(C) be completed during the initial 2-year period
of the fellowship.
(3) Mentorship.--To the extent practicable, each fellow
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.
(f) Duration and Extensions.--
(1) Duration.--Each fellowship awarded under this section
shall be for a period of two years.
(2) Extensions.--Subject to this paragraphs (3) through
(6), a fellow may apply for, and the Secretary may grant, a 1-
year extension of the fellowship.
(3) Number of extensions.--There shall be no limit on the
number of extensions under paragraph (1) that the Secretary may
grant an eligible student.
(4) Limitation on degrees.--A fellow may use an extension
of a fellowship under this section for the pursuit of not more
than the following number of graduate degrees:
(A) Two master's degrees, each of which must be in
a STEAM field.
(B) One doctoral degree in a STEAM field.
(5) Treatment of extensions.--An extension granted under
this subsection does not count for the purposes of
determining--
(A) the number of fellowships authorized to be
granted for a year under subsection (d)(1); or
(B) the percentage of fellowships granted to
eligible students for a year, as determined under
subsection (d)(2).
(6) Extension requirements.--A fellow may receive an
extension under this subsection only if--
(A) the fellow is in good academic standing with
the institution of higher education in which the fellow
is enrolled;
(B) the fellow has satisfactorily completed an
internship under subsection (e); and
(C) the fellow is currently enrolled full-time at
an institution of higher education and pursuing, in a
STEAM field--
(i) a bachelor's degree;
(ii) a master's degree; or
(iii) a doctoral degree.
(g) Limitation on Administrative Costs.--For each academic year,
the Secretary may use not more than 5 percent of the funds made
available to carry out this section for administrative purposes,
including for purposes of--
(1) outreach to institutions of higher education to
encourage participation in the program; and
(2) promotion of the program to eligible students.
(h) Administration of Program.--The Secretary may appoint a lead
program officer to administer the program and to market the program
among students and institutions of higher education.
(i) Reports.--Not later than 2 years after the date on which the
first fellowship is awarded under this section, and each academic year
thereafter, the Secretary of Defense shall submit to the appropriate
congressional committees a report containing--
(1) a description and analysis of the demographic
information of students who receive fellowships under this
section, including information with respect to such students
regarding--
(A) race, in the aggregate and disaggregated by the
same major race groups as the decennial census of the
population;
(B) ethnicity;
(C) gender identity;
(D) eligibility to receive a Federal Pell Grant
under section 401 of the Higher Education Act of 1965
(20 U.S.C. 1070a); and
(E) in the case of graduate students, whether the
students would be eligible to receive a Federal Pell
Grant under section 401 of the Higher Education Act of
1965 (20 U.S.C. 1070a) if they were studying at the
undergraduate level;
(2) an analysis of the effects of the program;
(3) a description of--
(A) the total number of students who obtain a
degree with fellowship funds each year; and
(B) the type and total number of degrees obtained
by fellows; and
(4) recommendations for changes to the program and to this
section to ensure that women of color are being effectively
served by such program.
(j) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Help, Education, Labor, and
Pensions of the Senate; and
(C) the Committee on Education and Labor of the
House of Representatives.
(2) The term ``cost of attendance'' has the meaning given
that term in section 472 of the Higher Education Act of 1965
(20 U.S.C. 1087II).
(3) The term ``eligible student'' means an individual who--
(A) submits an application for a fellowship under
this section;
(B) is enrolled, or will be enrolled for the first
year for which the student applies for a fellowship, in
either the third or fourth year of a four-year academic
program; and
(C) is enrolled, or will be enrolled for the first
year for which the student applies for a fellowship, in
an institution of higher education on at least a half-
time basis.
(4) The term ``fellow'' means a student that was selected
for the fellowship program under subsection (d).
(5) 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).
(6) 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).
(7) The term ``minority-serving institution'' means an
institution specified in section 371(a) of the Higher Education
Act of 1965 (20 U.S.C. 1067q(a)).
(8) The term ``STEAM'' means science, technology,
engineering, arts, and mathematics.
(9) The term ``underrepresented student in a STEAM field''
means a student who is a member of a minority group for which
the number of individuals in such group who receive bachelor's
degrees in STEAM fields per 10,000 individuals in such group is
substantially fewer than the number of White, non-Hispanic
individuals who receive bachelor's degrees in STEAM fields per
10,000 such individuals.
SEC. 1083. 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 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 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. 1084. COMMISSION ON CIVILIAN HARM.
(a) Establishment.--There is hereby established a commission, to be
known as the ``Commission on Civilian Harm'' (in this section referred
to as the ``Commission'').
(b) Responsibilities.--
(1) General responsibilities.--The Commission shall carry
out a study of the following:
(A) Civilian harm resulting from, or incidental to,
the use of force by the United States Armed Forces that
occurred during the period of inquiry.
(B) The policies, procedures, rules, and
regulations of the Department of Defense for the
prevention of, mitigation of, and response to civilian
harm that were in effect during the period of inquiry.
(2) Particular duties.--In carrying out the general
responsibilities of the Commission under paragraph (1), the
Commission shall carry out the following:
(A) Conduct an investigation into the record of the
United States with respect to civilian harm during the
period of inquiry, including by investigating a
representative sample of incidents of civilian harm
that occurred where the United States used military
force (including incidents confirmed by media and civil
society organizations and dismissed by the Department
of Defense) by conducting hearings, witness interviews,
document and evidence review, and site visits, when
practicable.
(B) Identify the recurring causes of civilian harm,
as well as the factors contributing to civilian harm,
resulting from the use of force by United States Armed
Forces during the period of inquiry and assess whether
such causes and factors could be addressed and, if so,
whether they were resolved.
(C) Assess the extent to which the United States
Armed Forces have implemented the recommendations of
Congress, the Department of Defense, other Government
agencies, or civil society organizations, or the
recommendations contained in studies sponsored or
commissioned by the United States Government, with
respect to the protection of civilians and efforts to
minimize, investigate, and respond to civilian harm
resulting from, or incidental to, United States
military operations.
(D) Assess the responsiveness of the Department of
Defense to incidents of civilian harm and the practices
for responding to such incidents, including--
(i) assessments;
(ii) investigations;
(iii) acknowledgment; and
(iv) the provision of compensation
payments, including the use of congressionally
authorized ex gratia payments, assistance, and
other responses.
(E) Assess the extent to which the United States
Armed Forces comply with the rules, procedures,
policies, memoranda, directives, and doctrine of the
Department of Defense for preventing, mitigating, and
responding to civilian harm.
(F) Assess the extent to which the policies,
protocols, procedures, and practices of the Department
of Defense for preventing, mitigating, and responding
to civilian harm comply with applicable international
humanitarian law, applicable international human rights
law, and United States law, including the Uniform Code
of Military Justice.
(G) Assess incidents of civilian harm that
occurred, or allegedly occurred, during the period of
inquiry, by--
(i) determining whether any such incidents
were concealed, and if so by assessing the
actions taken to conceal;
(ii) assessing the policies and procedures
for whistle-blowers to report such incidents;
(iii) determining the extent of the
responsiveness and effectiveness of Inspector
General oversight, as applicable, regarding
reports of incidents of civilian harm; and
(iv) assessing the accuracy of the United
States Government public civilian casualty
estimates.
(H) Assess the short-, medium-, and long-term
consequences of incidents of civilian harm that
occurred during the period of inquiry on--
(i) the affected communities, including
humanitarian consequences;
(ii) the strategic interests of the United
States; and
(iii) the foreign policy goals and
objectives of the United States.
(I) Assess the extent to which the Department of
Defense Instruction on Responding to Civilian Harm in
Military Operations, as required by section 936 of the
John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 134
note), addresses issues identified during the
investigation of the Commission and what further
measures are needed to address issues that the
Commission identifies during its operations.
(J) Assess the extent to which United States
diplomatic goals and objectives were affected by the
incidents of civilian harm during the period of
inquiry.
(c) Authorities.--
(1) Security clearances.--The appropriate Federal
departments or agencies shall cooperate with the Commission in
expeditiously providing to the members and staff of the
Commission appropriate security clearances, to the extent
possible, pursuant to existing procedures and requirements. No
person shall be provided with access to classified information
under this section without the appropriate security clearances.
(2) Hearings and evidence.--The Commission or, on the
authority of the Commission, any portion thereof, may, for the
purpose of carrying out this section--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths as the Commission,
or such portion thereof, may determine advisable; and
(B) provide for the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents as the Commission, or such portion thereof,
may determine advisable.
(3) Inability to obtain documents or testimony.--In the
event that the Commission is unable to obtain testimony or
documents needed to conduct its work, the Commission shall
notify the congressional defense committees and appropriate
investigative authorities.
(4) Access to information.--The Commission may secure
directly from the Department of Defense any information or
assistance that the Commission considers necessary to enable
the Commission to carry out the requirements of this section.
Upon receipt of a request of the Commission for information or
assistance, the Secretary of Defense shall furnish such
information or assistance expeditiously to the Commission.
Whenever information or assistance requested by the Commission
is unreasonably refused or not provided, the Commission shall
report the circumstances to Congress without delay.
(d) Composition.--
(1) Number and appointment.--The Commission shall be
composed of 12 members who are civilian individuals not
employed by the Federal Government.
(2) Membership.--The members shall be appointed as follows:
(A) The Majority Leader and the Minority Leader of
the Senate shall each appoint one member.
(B) The Speaker of the House of Representatives and
the Minority Leader shall each appoint one member.
(C) The Chair and the Ranking Member of the
Committee on Armed Services of the Senate shall each
appoint one member.
(D) The Chair and the Ranking Member of the
Committee on Armed Services of the House of
Representatives shall each appoint one member.
(E) The Chair and the Ranking Member of the
Committee on Appropriations of the Senate shall each
appoint one member.
(F) The Chair and Ranking Member of the Committee
on Appropriations of the House of Representatives shall
each appoint one member.
(3) Chair and vice chair.--The Commission shall elect a
Chair and Vice Chair from among its members.
(4) Deadline for appointment.--Members shall be appointed
to the Commission under paragraph (1) not later than 90 days
after the date of the enactment of this Act.
(5) Nongovernmental appointees.--An individual appointed to
serve as a member of the Commission may not be an officer or
employee of the Federal Government or of any State or local
government or a member of the United States Armed Forces
serving on active duty.
(e) Meetings.--
(1) Initial meeting.--The Commission shall meet and begin
the operations of the Commission not later than 120 days after
the date of the enactment of this Act.
(2) Quorum; vacancies.--After its initial meeting, the
Commission shall meet upon the call of the Chair or a majority
of its members. Five members of the Commission shall constitute
a quorum. Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the
original appointment was made.
(f) Staffing.--
(1) Appointment and compensation.--The Chair, in accordance
with rules agreed upon by the Commission, may 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
functions, 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 paragraph may exceed the
equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
(2) Personnel.--The Commission shall have the authorities
provided in section 3161 of title 5, United States Code, and
shall be subject to the conditions set forth in such section,
except to the extent that such conditions would be inconsistent
with the requirements of this section.
(3) Personnel as federal employees.--
(A) In general.--The staff director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(4) Qualifications.--Commission personnel should have
experience and expertise in areas including--
(A) international humanitarian law;
(B) human rights law;
(C) investigations;
(D) humanitarian response;
(E) United States military operations;
(F) national security policy;
(G) the languages, histories, and cultures of
regions that have experienced civilian harm during the
period of inquiry; and
(H) other such areas the members of the Commission
determine necessary to carry out the responsibilities
of the Commission under subsection (b).
(5) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties
under this section.
(6) Consultant services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at rates
not to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(g) Reports.--
(1) Interim report.--Not later than June 1, 2024, the
Commission shall submit to the appropriate congressional
committees an interim report on the study referred to in
subsection (b)(1), including the results and findings of such
study as of that date.
(2) Other reports.--The Commission may, from time to time,
submit to the appropriate congressional committees such other
reports on such study as the Commission considers appropriate.
(3) Final report.--Not later than two years after the date
of the appointment of all of the members of the Commission
under subsection (d), the Commission shall submit to the
appropriate congressional committees a final report on such
study. The report shall include--
(A) the findings of the Commission; and
(B) recommendations based on the findings of the
Commission to improve the prevention, mitigation,
assessment, and investigation of incidents of civilian
harm.
(4) Public availability.--The Commission shall make
publicly available on an appropriate internet website an
unclassified version of each report submitted by the Commission
under this subsection and shall ensure that such versions are
minimally redacted only for legitimately classified
information.
(h) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs, the Committee
on Oversight and Reform, the Committee on
Transportation and Infrastructure, and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(C) the Committee on Foreign Relations, the
Committee on Homeland Security and Governmental
Affairs, the Committee on Commerce, Science, and
Transportation, and the Select Committee on
Intelligence of the Senate.
(2) The term ``civilian harm'' means--
(A) the death or injury of a civilian; or
(B) destruction of civilian property.
(3) The term ``period of inquiry'' means the period
beginning on the date of the enactment of the Authorization for
Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note)
and ending on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2023.
SEC. 1085. DEPARTMENT OF DEFENSE CENTER FOR EXCELLENCE IN CIVILIAN HARM
MITIGATION.
(a) Center for Excellence in Civilian Harm Mitigation.--
(1) In general.--Chapter 7 of title 10, United States Code,
is amended by inserting after section 183a the following new
section:
``Sec. 184. Center for Excellence in Civilian Harm Mitigation
``(a) Establishment.--The Secretary of Defense shall operate a
Center for Excellence in Civilian Harm Mitigation. The purpose of the
center shall be to 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 more standardized civilian-harm operational
reporting and data management processes to improve data
collection, sharing, and learning to enable the Department of
Defense to better learn from disparate investigations and
events;
``(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) develop and recommend training and exercises for the
prevention and investigation of civilian harm;
``(5) develop a repository of civilian casualty and
civilian harm information; and
``(6) 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. Center for Excellence in Civilian Harm Mitigation.''.
(b) Deadline for Establishment.--The Center for Excellence in
Civilian Harm Mitigation, 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
Center for Excellence in Civilian Harm Mitigation.
SEC. 1086. SENSE OF CONGRESS REGARDING NAMING A WARSHIP THE USS
FALLUJAH.
It is the sense of Congress that the Secretary of the Navy should
name a warship the ``USS Fallujah''.
SEC. 1087. STANDARDIZATION OF SECTIONAL BARGE CONSTRUCTION FOR
DEPARTMENT OF DEFENSE USE ON RIVERS AND INTERCOASTAL
WATERWAYS.
The Secretary of Defense shall ensure that any sectional barge used
by the Department of Defense--
(1) is built to a design that has been reviewed and
approved, to the extent possible, by the American Bureau of
Shipping, for the intended barge service, and using the rule
set of the American Bureau of Shipping for building and
classing steel vessels for service on rivers and intercoastal
waterways; and
(2) has a deck design that provides for a minimum
concentrated load capacity of 10,000 pounds per square foot.
SEC. 1088. SENSE OF CONGRESS REGARDING NAMING WARSHIPS AFTER DECEASED
NAVY MEDAL OF HONOR RECIPIENTS.
It is the sense of Congress that the Secretary of the Navy should
name warships after deceased Navy recipients of the Medal of Honor from
World War I to the present, who have not had a vessel named in their
honor, as follows:
(1) Tedford H. Cann.
(2) Ora Graves.
(3) John MacKenzie.
(4) Patrick McGunigal.
(5) John H. Balch.
(6) Joel T. Boone.
(7) Jesse W. Covington.
(8) Edouard Izac.
(9) David E. Hayden.
(10) Alexander G. Lyle.
(11) Francis E. Ormsbee, Jr.
(12) Orlando H. Petty.
(13) Oscar Schmidt, Jr.
(14) Daniel A. J. Sullivan.
(15) Frank M. Upton.
(16) John O. Siegel.
(17) Henry Breault.
(18) Thomas J. Ryan.
(19) George R. Cholister.
(20) Thomas Eadie.
(21) William R. Huber.
(22) William Badders.
(23) James H. McDonald.
(24) John Mihalowski.
(25) Samuel G. Fuqua.
(26) William E. Hall.
(27) Herbert Schonland.
(28) Nathan G. Gordon.
(29) Arthur M. Preston.
(30) Eugene B. Fluckey.
(31) Robert Bush.
(32) Rufus G. Herring.
(33) Franklin J. Pierce.
(34) George L. Street.
(35) George E. Wahlen.
(36) William L. McGonagle.
SEC. 1089. SENSE OF CONGRESS REGARDING THE SERVICE AND CREW OF THE USS
OKLAHOMA CITY.
(a) Findings.--Congress makes the following findings:
(1) The USS Oklahoma City is a nuclear-powered fast attack
submarine named after Oklahoma City, the capital and most
populous city in Oklahoma, and is the second ship in the
history of the Navy to bear that name.
(2) The motto of the USS Oklahoma City is ``The Sooner, The
Better'', which is a testament to both the spirit of the people
of Oklahoma City and the readiness of the 140-person crew of
the USS Oklahoma City.
(3) The USS Oklahoma City was christened and launched on
November 2, 1985, sponsored by Linda M. Nickles, and was
commissioned for service on July 9, 1988, with Commander Kevin
John Reardon as the first commanding officer of the submarine.
(4) Since the commissioning of the USS Oklahoma City, the
USS Oklahoma City has traveled around the globe multiple times
and has served in the Mediterranean, the Persian Gulf, the
Pacific, and, most recently, Apra Harbor, Guam.
(5) In the aftermath of the April 19, 1995, bombing of the
Alfred P. Murrah Federal Building in Oklahoma City, the crew of
the USS Oklahoma City donated blood in support of the victims
of the deadliest act of home- grown terrorism in the history of
the United States, which resulted in the deaths of 168
individuals.
(6) The USS Oklahoma City was the first Navy submarine to
transition from navigation using paper charts to an all-
electronic navigation suite.
(7) On Friday, May 20, 2022, the inactivation ceremony for
the USS Oklahoma City was held in Puget Sound Naval Shipyard to
honor nearly 34 years of service.
(8) Throughout the career of the USS Oklahoma City, the USS
Oklahoma City supported a range of missions, including anti-
surface warfare, anti-submarine warfare, targeted strike
missions, and intelligence, surveillance, and reconnaissance
missions.
(b) Sense of Congress.--Congress recognizes the service of the Los
Angeles-class attack submarine the USS Oklahoma City and the crew of
the USS Oklahoma City, who served the United States with valor and
bravery.
SEC. 1090. TARGET DATE FOR DEPLOYMENT OF 5G WIRELESS BROADBAND
INFRASTRUCTURE AT ALL MILITARY INSTALLATIONS.
(a) Target Required.--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.--The Secretary shall submit to the congressional
defense committees and annual 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.--No report shall be required under subsection (b)
after the date that is five years after the date of the enactment of
this Act.
SEC. 1091. INCLUSION OF AIR FORCE STUDENT PILOTS IN PERSONNEL METRICS
FOR ESTABLISHING AND SUSTAINING DINING FACILITIES AT AIR
EDUCATION AND TRAINING COMMANDS.
The Secretary of the Air Force shall revise the personnel metrics
with respect to establishing and sustaining dining facilities at Air
Education and Training Commands in the United States to include Air
Force student pilots.
SEC. 1092. SENSE OF CONGRESS REGARDING CONDUCT OF INTERNATIONAL NAVAL
REVIEW ON JULY 4, 2026.
(a) Finding.--Congress finds that July 4, 2026, is the 250th
birthday of the United States of America.
(b) Sense of Congress.--It is the sense of Congress that the Navy
should conduct an international naval review on July 4, 2026.
SEC. 1093. SENSE OF CONGRESS REGARDING CRISIS AT THE SOUTHWEST BORDER.
(a) Findings.--Congress makes the following findings:
(1) Noncitizens with criminal convictions are routinely
encountered at ports of entry and between ports of entry on the
Southwest land border.
(2) Some of the inadmissible individuals encountered on the
southwest border are known or suspected terrorists.
(3) Transnational criminal organizations routinely move
illicit drugs, counterfeit products, and trafficked humans
across the Southwest land border.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the current level of illegal crossings and trafficking
on the Southwest border represents a national security threat;
(2) the Department of Defense has rightly contributed
personnel to aid the efforts of the United States Government to
address the crisis at the Southwest border;
(3) the National Guard and active duty members of the Armed
Forces are to be commended for their hard work and dedication
in their response to the crisis at the Southwest land border;
and
(4) border security is a matter of national security and
the failure to address the crisis at the Southwest border
introduces significant risk to the people of the United States.
SEC. 1094. NATIONAL COMMISSION ON THE FUTURE OF THE NAVY.
(a) National Commission on the Future of the Navy.--
(1) Establishment.--There is established the National
Commission on the Future of the Navy (in this section referred
to as the ``Commission'').
(2) Membership.--
(A) Composition.--The Commission shall be composed
of eight members, of whom--
(i) two shall be appointed by the Chairman
of the Committee on Armed Services of the
Senate, one of whom shall be a Member of the
Senate and one whom shall not be;
(ii) two shall be appointed by the Ranking
Member of the Committee on Armed Services of
the Senate, one of whom shall be a Member of
the Senate and one whom shall not be;
(iii) two shall be appointed by the
Chairman of the Committee on Armed Services of
the House of Representatives, one of whom shall
be a Member of the House of Representatives and
one whom shall not be; and
(iv) two shall be appointed by the Ranking
Member of the Committee on Armed Services of
the House of Representatives, one of whom shall
be a Member of the House of Representatives and
one whom shall not be.
(B) Appointment date.--The appointments of the
members of the Commission shall be made not later than
90 days after the date of the enactment of this Act.
(C) Effect of lack of appointment by appointment
date.--If one or more appointments under subparagraph
(A)(i) is not made by the appointment date specified in
subparagraph (B), the authority to make such
appointment or appointments shall expire, and the
number of members of the Commission shall be reduced by
the number equal to the number of appointments so not
made. If an appointment under subparagraph (A)(ii),
(iii), (iv), or (v) is not made by the appointment date
specified in subparagraph (B), the authority to make an
appointment under such subparagraph shall expire, and
the number of members of the Commission shall be
reduced by the number equal to the number otherwise
appointable under such subparagraph.
(D) Expertise.--In making appointments under this
subsection, consideration should be given to
individuals with expertise in naval policy and
strategy, naval forces capability, naval nuclear
weapons, Naval force structure design, organization,
and employment, shipbuilding, and shipbuilding
infrastructure.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(4) Chair and vice chair.--The Commission shall select a
Chair and Vice Chair from among its members.
(5) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its initial meeting.
(6) Meetings.--The Commission shall meet at the call of the
Chair.
(7) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(b) Duties of the Commission.--
(1) Study on naval force structure.--
(A) 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;
(B) Considerations.--In undertaking the study
required by paragraph (1), the Commission shall carry
out each of the following:
(i) An evaluation and identification of a
structure for the Navy that--
(I) has the depth and scalability
to meet current and anticipated
requirements of the combatant commands;
(II) assumes three different
funding levels of 2023 appropriated
plus inflation; 2023 appropriated with
3-5 percent real growth; and
unconstrained to meet the needs for war
in the area of responsibility of United
States Indo-Pacific Command and the
area of responsibility of United States
European Command;
(III) ensures that the Navy has the
capacity needed to support current and
anticipated homeland defense and
disaster assistance missions in the
United States;
(IV) provides for sufficient
numbers of members of the Navy to
ensure a 115 percent manning level of
all deployed ships, similar to United
States Special Operations Command;
(V) recommends a peacetime rotation
force operational tempo goals;
(VI) recommends forward stationing
requirements; and
(VII) manages strategic and
operational risk by making tradeoffs
among readiness, efficiency,
effectiveness, capability, and
affordability.
(ii) An evaluation and identification of
combatant command demand and fleet size,
including recommendations to support a balance
of--
(I) readiness;
(II) training;
(III) routine ship maintenance;
(IV) personnel;
(V) forward presence; and
(VI) depot level ship maintenance.
(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.
(2) Study on shipbuilding and innovation.--
(A) In general.--The Commission shall conduct a
detail study on shipbuilding, shipyards, and
integrating advanced information technologies such as
augmented reality an artificial intelligence on the
current fleet.
(B) Considerations.--In conducting the study
required by subparagraph (A), the Commission shall
consider the following:
(i) Recommendations for specific changes to
the Navy's Shipyard Infrastructure Optimization
Program, to include legislative changes to
providing a multi-year appropriation;
additionally provides recommendations for
bringing into the shipyards innovative
technology companies as part of the overall
modernization effort.
(ii) Recommendations for changes to the
ship design and build program, to reduce risk,
reduce cost, accelerate build timelines, and
takes an incremental approach to change in
future ship building.
(iii) Recommendations for changes to the
ship depot maintenance program in order to
reduce overhaul timelines, integrate current
technologies into ships, and reduces costs.
(3) Report.--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 by paragraphs (1) and (2), together with its
recommendations for such legislative actions as the Commission
considers appropriate in light of the results of the studies.
(c) Powers of the Commission.--
(1) 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.
(2) 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 Chair of the
Commission, the head of such department or agency shall furnish
such information to the Commission.
(3) Postal services.--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) Commission Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
who is not an officer or employee of the Federal Government may
be compensated at a rate not to exceed the daily equivalent of
the annual rate of $155,400 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 or Members of
Congress shall serve without compensation in addition to that
received for their services as officers or employees of the
United States.
(2) Travel expenses.--The members 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.
(3) Staff.--
(A) In general.--The Chair of the Commission may,
without regard to the civil service laws and
regulations, appoint and terminate an executive
director and such other additional personnel as may be
necessary to enable the Commission to perform its
duties. The employment of an executive director shall
be subject to confirmation by the Commission.
(B) Compensation.--The Chair of the Commission may
fix the compensation of the executive director and
other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay
for the executive director and other personnel may not
exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(4) Detail of government employees.--Any 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.
(5) Procurement of temporary and intermittent services.--
The Chair of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
(e) Termination of the Commission.--
(1) In general.--The Commission shall terminate on the date
that is five years after the date of the enactment of this Act.
(2) Inapplicability of termination requirement under
faca.--Section 14 of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the activities of the
Commission under this section.
SEC. 1095. TRANSFER OF AIRCRAFT TO OTHER DEPARTMENTS FOR WILDFIRE
SUPPRESSION AND OTHER PURPOSES.
Section 1098(c)(1) of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66) is amended by inserting ``, search
and rescue, or emergency operations pertaining to wildfires'' after
``purposes''.
SEC. 1096. 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. 1097. AVAILABILITY OF INFORMATION REGARDING PROCUREMENT OF
EQUIPMENT BY STATE AND LOCAL GOVERNMENTS THROUGH THE
DEPARTMENT OF DEFENSE.
Section 281 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (f) the following new
subsection:
``(d) Availability of Information.--(1) The Secretary, in
coordination with the Administrator of General Services, shall
establish and maintain a publicly available internet website that
provides up-to-date and comprehensive information, in a searchable
format, on the purchase of equipment under the procedures established
under subsection (a) and the recipients of such equipment.
``(2) The information required to be made publicly available under
paragraph (1) includes all unclassified information pertaining to such
purchases, including--
``(A) the catalog of equipment available for purchase under
subsection (c);
``(B) for each purchase of equipment under the procedures
established under subsection (a)--
``(i) the recipient State or unit of local
government;
``(ii) the purpose of the purchase;
``(iii) the type of equipment;
``(iv) the cost of the equipment; and
``(v) the administrative costs under subsection
(b); and
``(C) other information the Secretary determines is
necessary.
``(3) The Secretary shall update the information included on the
internet website required under paragraph (1) on a quarterly basis.''.
SEC. 1098. REPORT ON PURCHASE AND USE BY DEPARTMENT OF DEFENSE OF
LOCATION DATA GENERATED BY AMERICANS' PHONES AND THEIR
INTERNET METADATA.
(a) Report Required.--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 and make available to the public on an
internet website of the Department of Defense a report that--
(1) identifies each covered entity that is currently, or
during the five year period ending on the date of the enactment
of this Act was, without a court order--
(A) obtaining in exchange for anything of value any
covered records; and
(B) intentionally retaining or intentionally using
such covered records; and
(2) for each covered entity identified pursuant to
paragraph (1), identifies--
(A) each category of covered record the covered
entity, without a court order, is obtaining or
obtained, in exchange for anything of value;
(B) whether the covered entity intentionally
retained or is intentionally retaining each category of
covered records pursuant to subparagraph (A);
(C) whether the covered entity intentionally uses
or used each category of covered records identified
pursuant to subparagraph (A); and
(D) whether such obtaining, retention, and use
ceased before the date of the enactment of this Act or
is ongoing.
(b) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form.
(c) Determination of Parties to a Communication.--In determining
under this section whether a party to a communication is likely to be
located inside or outside the United States, the Secretary shall
consider the Internet Protocol (IP) address used by the party to the
communication, but may also consider other information known to the
Secretary.
(d) Definitions.--In this section:
(1) The term ``covered entities'' means the Defense
Agencies, Department of Defense activities, and components of
the Department that--
(A) are under the authority, direction, and control
of the Under Secretary of Defense for Intelligence and
Security; or
(B) over which the Under Secretary exercises
planning, policy, funding, or strategic oversight
authority.
(2) The term ``covered records'' includes the following:
(A) Location data generated by phones that are
likely to be located in the United States.
(B) Domestic phone call records.
(C) International phone call records.
(D) Domestic text message records.
(E) International text message records.
(F) Domestic netflow records.
(G) International netflow records.
(H) Domestic Domain Name System records.
(I) International Domain Name System records.
(J) Other types of domestic internet metadata.
(K) Other types of international internet metadata.
(3) The term ``domestic'' means a telephone or an internet
communication in which all parties to the communication are
likely to be located in the United States.
(4)(A) The term ``international'' means a telephone or an
internet communication in which one or more parties to the
communication are likely to be located in the United States and
one or more parties to the communication are likely to be
located outside the United States.
(B) The term ``international'' does not include a telephone
or an internet communication in which all parties to the
communication are likely to be located outside the United
States.
(5) The term ``obtain in exchange for anything of value''
means to obtain by purchasing, to receive in connection with
services being provided for consideration, or to otherwise
obtain in exchange for consideration, including an access fee,
service fee, maintenance fee, or licensing fee.
(6)(A) Except as provided in subparagraph (B), the term
``retain'' means the storage of a covered record.
(B) The term ``retain'' does not include the temporary
storage of a covered record that will be, but has not yet been,
subjected to a process in which the covered record, which is
part of a larger compilation containing records that are not
covered records, are identified and deleted.
(7)(A) Except as provided in subparagraph (B), the term
``use'', with respect to a covered record, includes analyzing,
processing, or sharing the covered record.
(B) The term ``use'' does not include subjecting the
covered record to a process in which the covered record, which
is part of a larger compilation containing records that are not
covered records, are identified and deleted.
SEC. 1099. NATIONAL TABLETOP EXERCISE.
(a) Requirement.--Not later than 365 days of enactment of this Act,
the Secretary of Defense shall conduct a tabletop exercise designed to
test the resiliency of the United States across all aspects of national
power in the event of an invasion of a covered defense partner. The
Secretary may conduct subsequent similar exercises on a biennial basis.
(b) Planning and Preparation.--A tabletop exercise under this
section shall be prepared by Department of Defense personnel.
(c) Private Sector.--In accordance with applicable laws and
regulations regarding the protection of national security information,
the Secretary may invite non-Government individuals or entities to
participate in a tabletop exercise under this section.
(d) International Partners.--The Secretary may invite allies and
partners of the United States to participate in a tabletop exercise
under this section.
(e) Observers.--The Secretary may invite representatives from the
executive and legislative branches of the Federal Government to observe
a tabletop exercise under this section.
(f) Consultation Requirement.--The Secretary shall plan and execute
a tabletop exercise under this section in consultation with the heads
of the Federal departments and agencies who participate in the
exercise, as determined by the Secretary.
(g) Elements.--A tabletop exercise under this section shall be
designed to evaluate the following elements:
(1) The Federal Government response across all elements of
national power to an invasion of a covered defense partner.
(2) The ability of the United States covered Armed Forces,
alongside allied and partner militaries, to defeat an invasion
of a covered defense partner.
(3) The resilience of domestic critical infrastructure and
logistical chokepoints that may inhibit the mobility of the
United States covered Armed Forces in responding to an invasion
of a covered defense partner.
(4) The ability of the United States to coordinate an
effective international public and private sector response.
(h) Briefing.--
(1) In general.--Not later than 180 days after the date on
which at 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;
(B) recommendations to improve the response of the
United States across all elements of national power in
the case of an invasion of a covered defense partner;
(C) recommendations to improve the domestic
resiliency and vulnerability of critical infrastructure
of the United States in the case of an invasion of a
covered defense partner; and
(D) appropriate strategies to address the
recommendations identified in subparagraphs (B) and
(C).
(i) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Oversight and Reform of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Homeland Security and Government Affairs
of the Senate.
(2) The term ``covered Armed Force'' means--
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(3) The term ``covered defense partner'' means a country
that is--
(A) identified as a partner in the document
entitled ``Department of Defense Indo-Pacific Strategy
Report'' issued on June 1, 2019; and
(B) located within 100 miles of the coast of a
strategic competitor.
(4) 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. 1099A. GREENHOUSE GAS MITIGATION ACTIONS AND RESULTS DASHBOARD.
The Secretary of Defense shall establish a dashboard on an
appropriate website of the Department of Defense and make publicly
available on such dashboard relevant information on investments in non-
GHG technologies, numbers of demonstrations completed, and information
on links to commercialization in the civilian sector. Such dashboard
shall be similar to the dashboard on the Department of Defense's
internal Advana Dashboard.
SEC. 1099B. ADMINISTRATION OF RISK-BASED SURVEYS TO CERTAIN EDUCATIONAL
INSTITUTIONS.
(a) Development Required.--The Secretary of Defense, acting though
the Voluntary Education Institutional Compliance Program of the
Department of Defense, shall develop a risk-based survey for oversight
of covered educational institutions.
(b) Scope.--
(1) In general.--The scope of the risk-based survey
developed under subsection (a) shall be determined by the
Secretary.
(2) Specific elements.--At a minimum the scope determined
under paragraph (1) shall include the following:
(A) Rapid increase or decrease in enrollment.
(B) Rapid increase in tuition and fees.
(C) Complaints tracked and published from students
pursuing programs of education, based on severity or
volume of the complaints.
(D) Student completion rates.
(E) Indicators of financial stability.
(F) Review of the advertising and recruiting
practices of the educational institution, including
those by third-party contractors of the educational
institution.
(G) Matters for which the Federal Government or a
State Government brings an action in a court of
competent jurisdiction against an educational
institution, including matters in cases in which the
Federal Government or the State comes to a settled
agreement on such matters outside of the court.
(c) Action or Event.--
(1) Suspension.--If, pursuant to a risk-based survey under
this section. the Secretary determines that an educational
institution has experienced an action or event described in
paragraph (2), the Secretary may suspend the participation of
the institution in Department of Defense programs for a period
of two-year, or such other period as the Secretary determines
appropriate.
(2) Action or event described.--An action or event
described in this paragraph is any of the following:
(A) The receipt by an educational institution of
payments under the heightened cash monitoring level 2
payment method pursuant to section 487(c)(1)(B) of the
Higher Education Act of 1965 (20 U.S.C. 1094).
(B) Punitive action taken by the Attorney General,
the Federal Trade Commission, or any other Federal
department or agency for misconduct or misleading
marketing practices that would violate the standards
defined by the Secretary of Veterans Affairs.
(C) Punitive action taken by a State against an
educational institution.
(D) The loss, or risk of loss, by an educational
institution of an accreditation from an accrediting
agency or association, including notice of probation,
suspension, an order to show cause relating to the
educational institution's academic policies and
practices or to its financial stability, or revocation
of accreditation.
(E) The placement of an educational institution on
provisional certification status by the Secretary of
Education.
(d) Database.--The Secretary shall establish a searchable database
or use an existing system, as the Secretary considers appropriate, to
serve as a central repository for information required for or collected
during site visits for the risk-based survey developed under subsection
(a), so as to improve future oversight of educational institutions.
(e) Covered Educational Institution.--In this section, the term
``covered educational institution'' means an educational institution
selected by the Secretary based on quantitative, publicly available
metrics indicating risk designed to separate low-risk and high-risk
institutions, to focus on high-risk institutions.
SEC. 1099C. BRIEFING ON GUAM AND NORTHERN MARIANA ISLANDS MILITARY
CONSTRUCTION COSTS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall provide to the congressional
defense committees a briefing on Guam and the Northern Mariana Islands
on the future military construction requirements based on emerging
threats in the region, ongoing relocations of members of the Armed
Forces, and the total amount of funds obligated or expended from
amounts appropriated or otherwise made available and for implementing
the Record of Decision for the relocation of Marine Corps. Such
briefing shall include--
(1) the projected funding for military construction through
fiscal year 2030;
(2) the projected sustainment costs associated with
military infrastructure through fiscal year 2030; and
(3) military infrastructure requirements through fiscal
year 2030 exceeding the current funding restriction.
SEC. 1099D. RESOURCES TO IMPLEMENT DEPARTMENT OF DEFENSE POLICY ON
CIVILIAN HARM IN CONNECTION WITH UNITED STATES MILITARY
OPERATIONS.
(a) Purpose.--The purpose of this section is to facilitate
fulfillment of the requirements in section 936 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. 134 note).
(b) Personnel.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall do the following:
(1) Assign within each of the United States Central
Command, the United States Africa Command, the United States
Special Operations Command, the United States European Command,
the United States Southern Command, the United States Indo-
Pacific Command, and the United States Northern Command not
fewer than two personnel who shall have primary responsibility
for the following in connection with military operations
undertaken by such command:
(A) Providing guidance and oversight relating to
prevention of and response to harm to civilians,
promotion of observance of human rights, and the
protection of civilians and civilian infrastructure,
including ensuring implementation of the policy of the
Department of Defense on harm to civilians resulting
from United States military operations.
(B) Overseeing civilian harm prevention,
mitigation, and response functions on behalf of the
commander of such command.
(C) Receiving reports of harm to civilians and
conducting assessments and investigations relating to
such harm.
(D) Analyzing incidents and trends with respect to
harm to civilians, identifying lessons learned, and
ensuring that lessons learned are incorporated into
updated command guidance and practices.
(E) Offering condolences and amends for harm to
civilians, including ex gratia payments.
(F) Ensuring the integration of activities relating
to civilian harm prevention, mitigation, and response,
the protection of civilians, and promotion of
observance of human rights in security cooperation
activities.
(G) Working with the Center for Excellence
established under section 184 of title 10, United
States Code, as added by section 1085.
(H) Consulting with non-governmental organizations
on civilian harm and human rights matters.
(2) Assign within the Office of the Under Secretary of
Defense for Policy not fewer than two personnel who shall have
primary responsibility for implementing and overseeing
implementation by the components of the Department of Defense
of Department policy on harm to civilians resulting from United
States military operations.
(3) Assign within the Joint Staff not fewer than two
personnel who shall have primary responsibility for the
following:
(A) Overseeing implementation by the components of
the Department of Defense of Department policy on harm
to civilians resulting from United States military
operations.
(B) Developing and sharing in the implementation of
such policy.
(C) Communicating operational guidance on such
policy.
(c) Training, Software, and Other Requirements.--
(1) In general.--In each of fiscal years 2023 through 2025,
the Secretary of Defense and each Secretary of a military
department may obligate and expend, from amounts specified in
paragraph (2), not more than $5,000,000 for the following:
(A) Training related to civilian harm prevention,
mitigation, and response.
(B) Information technology equipment, support and
maintenance, and data storage, in order to implement
the policy of the Department relating to harms to
civilians resulting from United States military
operations as required by section 936 of the John S.
McCain National Defense Authorization Act for Fiscal
Year 2019.
(2) Funds.--The funds for a fiscal year specified in this
subparagraph are funds as follows:
(A) In the case of the Secretary of Defense,
amounts authorized to be appropriated for such fiscal
year for operation and maintenance, Defense-wide.
(B) In the case of a Secretary of a military
department, amounts authorized to be appropriated for
such fiscal year for operation and maintenance for the
components of the Armed Forces under the jurisdiction
of such Secretary.
SEC. 1099E. AVAILABILITY OF MODULAR SMALL ARMS RANGE FOR ARMY RESERVE
IN PUERTO RICO.
The Secretary of Army shall ensure that a modular small arms range
is made available for the Army Reserve in Puerto Rico.
SEC. 1099F. INDEPENDENT EPIDEMIOLOGICAL ANALYSIS OF HEALTH EFFECTS FROM
EXPOSURE TO DEPARTMENT OF DEFENSE ACTIVITIES IN VIEQUES.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine for the National Academies
of Sciences, Engineering, and Medicine to perform the services
covered by this section.
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 60 days
after the date of the enactment of this Act.
(b) Studies.--
(1) In general.--Under an agreement between the Secretary
and the National Academies of Sciences, Engineering, and
Medicine under this section, the National Academies of
Sciences, Engineering, and Medicine shall carry out
epidemiological studies of the short-term, long-term, primary,
and secondary health effects caused or sufficiently correlated
to exposure to chemicals and radioactive materials from
activities of the Department of Defense in the communities of
concern, including any recommendations. In carrying out such
studies, the National Academies may incorporate the research
generated pursuant to funding opportunity number EPA-G2019-ORD-
A1.
(2) Elements.--The epidemiological studies carried out
under paragraph (1) and the recommendations developed under
such paragraph shall include the following:
(A) A list of known contaminants and their
locations that have been left by the Department of
Defense in the communities of concern.
(B) For each contaminant under subparagraph (A), an
epidemiological study that--
(i) estimates the disease burden of current
and past residents of Vieques, Puerto Rico,
from such contaminants;
(ii) incorporates historical estimates of
residents' groundwater exposure to contaminants
of concern that--
(I) predate the completion of the
water-supply pipeline in 1978;
(II) include exposure to
groundwater from Atlantic Weapons Fleet
Weapons Training Area ``Area of Concern
E'' and any other exposures that the
National Academies determine necessary;
(III) consider differences between
the aquifers of Vieques; and
(IV) consider the differences
between public and private wells, and
possible exposures from commercial or
agricultural uses; and
(iii) includes estimates of current
residents' exposure to chemicals and radiation
which may affect the groundwater, food, air, or
soil, that--
(I) include current residents'
groundwater exposure in the event of
the water-supply pipeline being
temporarily lost; and
(II) is based on the actual
practices of residents in Vieques
during times of duress, for example the
use of wells for fresh water following
Hurricane Maria.
(C) An identification of Military Munitions
Response Program sites that have not fully investigated
whether contaminants identified at other sites are
present or the degree of contamination present.
(D) The production of separate, peer-reviewed
quality research into adverse health outcomes,
including cancer, from exposure to drinking water
contaminated with methyl tert-butyl ether (MTBE).
(E) Any other factors the National Academies
determine necessary.
(c) Report.--
(1) In general.--Not later than two years after the date of
the execution of an agreement under subsection (a), the
National Academies of Sciences, Engineering, and Medicine
shall--
(A) submit to the appropriate congressional
committees a report on the findings of the National
Academies under subsection (b); and
(B) make available to the public on a publicly
accessible website a version of the report that is
suitable for public viewing.
(2) Form.--The report submitted under paragraph (1)(A)
shall be submitted in unclassified form.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(2) The term ``communities of concern'' means Naval Station
Roosevelt Roads and the former Atlantic Fleet Weapons Training
Area.
SEC. 1099G. PARTICIPATION IN FEDERAL TRANSPORTATION INCENTIVE PROGRAM.
The Secretary of Navy shall coordinate with the Secretary of
Transportation and public shipyards to increase participation in the
Federal Transportation Incentive Program by--
(1) identifying current challenges in the Program
structure; and
(2) implementing modifications that would reduce
impediments to use and provide incentives for increased use by
Federal employees.
SEC. 1099H. REPORT ON INITIATIVES OF DEPARTMENT OF DEFENSE TO SOURCE
LOCALLY AND REGIONALLY PRODUCED FOODS FOR INSTALLATIONS
OF THE DEPARTMENT.
(a) 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 the appropriate committees of Congress a report
detailing--
(1) current procurement practices of the Department of
Defense regarding food for consumption or distribution on
installations of the Department;
(2) efforts by the Department of Defense to establish and
strengthen ``farm to base'' initiatives to source locally and
regionally produced foods, including seafood, for consumption
or distribution at installations of the Department;
(3) efforts by the Department to collaborate with relevant
Federal agencies, including the Department of Veterans Affairs,
the Department of Agriculture, and the Department of Commerce,
to procure locally and regionally produced foods;
(4) opportunities where procurement of locally and
regionally produced foods would be beneficial to members of the
Armed Forces, their families, military readiness by improving
health outcomes, and farmers near installations of the
Department;
(5) barriers currently preventing the Department from
increasing procurement of locally and regionally produced foods
or preventing producers from partnering with nearby
installations of the Department; and
(6) recommendations for how the Department can improve
procurement practices to increase offerings of locally and
regionally produced foods.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate; and
(2) the Committee on Armed Services, the Committee on
Natural Resources, and the Committee on Agriculture of the
House of Representatives.
SEC. 1099I. LIMITATIONS ON SALE AND USE OF PORTABLE HEATING DEVICES ON
MILITARY INSTALLATIONS.
(a) Prohibition on Sale of Unsafe Portable Heating Devices at
Commissary Stores and MWR Retail Facilities.--The Secretary of Defense
shall ensure that the following types of portable heating devices are
not sold at a commissary store or MWR retail facility:
(1) Portable heating devices that do not comply with
applicable voluntary consumer product safety standards.
(2) Portable heating devices that do not have an automatic
shutoff function.
(b) Education for Families Living in Military Housing.--The
commander of a military installation shall ensure that members of the
Armed Forces assigned to that installation and living in military
family housing, including military family housing acquired or
constructed pursuant to subchapter IV of chapter 169 of title 10,
United States Code, are provided with the recommendations of the
Consumer Product Safety Commission for operating portable heating
devices safely.
(c) Definitions.--In this section:
(1) The term ``MWR retail facility'' has the meaning given
that term in section 1063 of title 10, United States Code.
(2) The term ``portable heating device'' means an electric
heater that--
(A) is intended to stand unsupported
(freestanding);
(B) can be moved from place to place within
conditioned areas in a structure;
(C) is connected to a nominal 120 VAC electric
supply through a cord and plug;
(D) transfers heat by radiation, convection, or
both (either natural or forced); and
(E) is intended for residential use.
SEC. 1099J. TRAINING AND INFORMATION FOR FIRST RESPONDERS REGARDING AID
FOR VICTIMS OF TRAUMA-RELATED INJURIES.
The Secretary of Defense shall ensure that the Department of
Defense shares best practices with, and offers training to, State and
local first responders regarding how to most effectively aid victims
who experience trauma-related injuries.
SEC. 1099K. PUBLIC AVAILABILITY OF COST OF CERTAIN MILITARY OPERATIONS
TO EACH UNITED STATES TAXPAYER.
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 overseas 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--
``(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 overseas contingency operation--
``(A) both the total cost to each taxpayer, and the
cost to each taxpayer for each fiscal year, of
conducting the overseas contingency operation;
``(B) a list of countries where the overseas
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. 1099L. REPORT ON DEPARTMENT OF DEFENSE PLAN TO ACHIEVE STRATEGIC
OVERMATCH IN THE INFORMATION ENVIRONMENT.
(a) In General.--Not later than April 1, 2023, the Secretary of
Defense shall submit to the Committee on Armed Services of the House of
Representatives a report on the following:
(1) A plan, developed in cooperation with relevant Federal
agencies, for the Department of Defense to achieve strategic
overmatch in the information environment, including--
(A) modifications and updates to existing policy or
guidance;
(B) a description of impacts to future budget
requests and funding priorities;
(C) updates to personnel policies to ensure the
recruitment, promotion, retention, and compensation
incentives for individuals with the necessary skills in
the information environment; and
(D) a description of improvements to the
collection, prioritization, and analysis of open source
intelligence to better inform the understanding of
competitors and adversaries to the Department of
Defense in the information environment.
(2) A description of any initiatives, identified in
cooperation with relevant Federal agencies, that the Secretary
of Defense and such Federal agencies may undertake to assist
and incorporate allies and partner countries of the United
States into efforts to achieve strategic overmatch in the
information environment.
(3) A description of other actions, including funding
modifications, policy changes, or congressional action, are
necessary to further enable widespread and sustained
information environment operations of the Department of Defense
relevant Federal agencies.
(4) 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 XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. ONE-YEAR 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), is
further amended by striking ``through 2022'' and inserting ``through
2023''.
SEC. 1102. 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), is further amended by striking
``2023'' and inserting ``2024''.
SEC. 1103. 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--
(1) develop a standardized identification credential for
Defense law enforcement officers;
(2) issue such credential to each such officer at no cost
to such officer; and
(3) ensure that 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. 1104. 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. 1105. INCREASE IN POSITIONS ELIGIBLE FOR ENHANCED PAY AUTHORITY
FOR CERTAIN RESEARCH AND TECHNOLOGY POSITIONS IN SCIENCE
AND TECHNOLOGY REINVENTION LABORATORIES.
(a) In General.--Section 4094(e)(2) of title 10, United States
Code, is amended by striking ``five'' and inserting ``ten''.
(b) Application.--The amendment made by subsection (a) shall take
effect immediately after section 851(a).
SEC. 1106. GAO REPORT ON FEDERAL EMPLOYEE PAID LEAVE ACT.
(a) In General.--Not later than January 1, 2024, the Comptroller
General shall submit, to the Committee on Armed Services and the
Committee on Oversight and Reform of the House of Representatives, a
report on the implementation of the Federal Employee Paid Leave Act
(subtitle A of title LXXVI of division F of Public Law 116-92), the
Paid Parental Leave Technical Corrections Act of 2020 (section 1103 of
Public Law 116-283, and the amendments made by such Acts.
(b) Contents.--The report under subsection (a) shall review,
assess, and provide recommendations, as appropriate, on the following:
(1) Any data collected or used by the Office of Personnel
Management on the use of paid parental leave provided by such
Acts and the amendments made by such Acts.
(2) Office of Personnel Management and Federal agencies'
efforts to make employees aware of paid parental leave under
such Acts and the amendments made by such Acts, address any
obstacles to the use of paid parental leave, and monitor the
impact of such Acts and the amendments made by such Acts on
hiring, recruitment, and retention of employees.
SEC. 1107. INFLATION BONUS PAY FOR CERTAIN DEPARTMENT OF DEFENSE
CIVILIAN EMPLOYEES.
(a) General Schedule and Other Employees.--
(1) Bonus.--On the first day of the first pay period
beginning on or after January 1, 2023, and on the first day of
each of the months of February through December in calendar
year 2023, the Secretary of Defense shall pay a bonus to each
civilian employee of the Department of Defense who--
(A) is under the General Schedule and has an annual
rate of basic pay equal to $45,000 or less; or
(B) is within the civil service (as that term is
defined in section 2101 of title 5, United States
Code), is not under the General Schedule or the Federal
Wage System, and has an annual rate of basic pay equal
to $45,000 or less.
(2) Amount.--The monthly bonus paid under paragraph (1) to
an employee shall be in an amount determined by the Secretary,
based on prevailing economic conditions that adversely affect
civilian employees, but in no case shall be less than 2.4
percent of the annual rate of basic pay in effect for such
employee on the first day of such pay period.
(b) Federal Wage System Employees.--
(1) Bonus.--On the first day that the wage survey
adjustment for fiscal year 2023 takes effect in October of that
fiscal year, and on and the first day of each of the months of
November through September of such fiscal year, the Secretary
of Defense shall pay a bonus to each civilian employee of the
Department of Defense who--
(A) is a prevailing rate employee under the Federal
Wage System; and
(B) has an annual rate of basic pay equal to
$45,000 or less.
(2) Amount.--The monthly bonus paid under paragraph (1) to
an employee shall be in an amount determined by the Secretary,
based on prevailing economic conditions that adversely affect
civilian employees, but in no case shall be less than 2.4
percent of the annual rate of basic pay in effect for such
employee on the first day that such adjustment takes effect.
(c) Limitations.--A bonus under subsection (a) or (b)--
(1) may not be paid after December 1, 2023, or September 1,
2023, respectively; and
(2) shall not be considered to be basic pay of an employee
for any purpose.
SEC. 1108. FLEXIBLE WORKPLACE PROGRAMS.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall ensure that each Secretary of a military
department modifies any guidance relating to flexible workplace
programs to ensure that maximum practicable flexibility is allowed to
permit employees to perform all or a portion of the duties of such
employees--
(1) at a telecommuting center established pursuant to
statute; or
(2) through the use of flexible workplace services
agreements.
SEC. 1109. GAO STUDY ON FEDERAL WAGE SYSTEM PARITY WITH LOCAL
PREVAILING WAGE RATE.
(a) Study.--The Comptroller General of the United States shall
review the parity between the Federal Wage System and the prevailing
wage rate for wage grade workers who maintain or repair, or help
support those who maintain or repair U.S. Navy ships or submarines
and--
(1) are employed at the four U.S. Navy public shipyards;
(2) are employed at domestic U.S. naval bases with
facilities to maintain or repair U.S. Navy ships or submarines
and are in vicinity of competitive private defense industry; or
(3) are employed at domestic U.S. naval bases with
facilities to maintain or repair U.S. Navy ships or submarines
and are located within close commuting distance from a high-
income area, such that wage grade jobs must compete with other
means of employment for workers of equivalent skillsets and
academic achievement.
(b) Other Requirements.--Such study shall also review--
(1) the Government-wide administration of the Federal Wage
System including the regulations, policies, and processes for
establishing or modifying geographic boundaries of local wage
areas;
(2) the process of developing and administering the local
wage surveys and setting wage schedules for all Federal Wage
System workers including those discussed in subsection (a);
(3) the use of Federal contractors to perform work skills
and occupational duties comparable to Federal Wage System
employees at the four U.S. Navy public shipyards and domestic
U.S. naval bases with facilities to maintain or repair U.S.
Navy ships or submarines;
(4) the legal framework of the Federal Wage System and
Department of Defense and Office of Personnel Management
policies as compared to the General Schedule system, including
differences in the local wage areas for workers, such as
occupational coverage, geographic coverage, pay ranges, pay
increase limits, and pay adjustment cycles; and
(5) provide recommendations to Congress, as applicable,
based on the findings.
(c) Briefing.--Not later than 180 days after the date of enactment
of this Act, the Comptroller General shall provide a briefing to the
Committees on Armed Services of the Senate and House of Representatives
on preliminary findings of such review.
(d) Report.--The Comptroller General shall submit to the committees
identified in subsection (c) a report containing the final results of
such review on a date agreed to at the time of the briefing.
SEC. 1110. TEMPORARY AUTHORITY TO APPOINT RETIRED MEMBERS OF THE ARMED
FORCES TO MILITARY HEALTH SYSTEM POSITIONS.
Section 1108 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (b) or (c)'';
(2) in the heading for subsection (b), by striking
``Positions'' and inserting ``Defense Industrial Base Facility
Positions'';
(3) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively;
(4) by inserting after subsection (b) the following:
``(c) Military Health System Positions.--The positions in the
Department described in this subsection are medical or health
profession positions in the civil service within the military health
system.''; and
(5) by amending subsection (f) (as redesignated by
paragraph (3) of this section) to read as follows:
``(f) Definitions.--In this section--
``(1) the term `civil service' has the meaning given that
term in section 2101 of title 5, United States Code;
``(2) the term `medical or health profession positions'
means any position listed under any of paragraphs (1), (2), or
(3) of section 7401 of title 38, United States Code; and
``(3) the terms `member' and `Secretary concerned' have the
meaning given those terms in section 101 of title 37, United
States Code.''.
SEC. 1111. PURCHASE OF RETIRED HANDGUNS BY FEDERAL LAW ENFORCEMENT
OFFICERS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of General Services shall establish a
program under which a Federal law enforcement officer may purchase a
retired handgun from the Federal agency that issued the handgun to such
officer.
(b) Limitations.--A Federal law enforcement officer may purchase a
retired handgun under subsection (a) if--
(1) the purchase is made during the 6-month period
beginning on the date the handgun was so retired;
(2) with respect to such purchase, the officer has passed a
background check within 30 days of purchase under the national
instant criminal background check system established under the
Brady Handgun Violence Prevention Act; and
(3) with respect to such purchase, the officer is in good
standing with the Federal agency that employs such officer.
(c) Cost.--A handgun purchased under this section shall be sold at
the fair market value for such handgun taking into account the age and
condition of the handgun.
(d) Sense of Congress on Use of Funds.--It is the sense of Congress
that any amounts received by the Government from the sale of a handgun
under this section should be transferred and used to fund evidence-
based gun violence prevention or gun safety education and training
programs.
(e) Definitions.--In this section--
(1) the term ``Federal law enforcement officer'' has the
meaning given that term in section 115(c)(1) of title 18,
United States Code;
(2) the term ``handgun'' has the meaning given that term in
section 921(a) of title 18, United States Code; and
(3) the term ``retired handgun'' means any handgun that has
been declared surplus by the applicable agency.
SEC. 1112. NATIONAL DIGITAL RESERVE CORPS.
(a) In General.--Subpart I of part III of title 5, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 104--NATIONAL DIGITAL RESERVE CORPS
``Sec. 10401. Definitions.
``Sec. 10402. Establishment.
``Sec. 10403. Organization.
``Sec. 10404. Assignments.
``Sec. 10405. Reservist continuing education.
``Sec. 10406. Congressional reports.
``SEC. 10401. DEFINITIONS.
``In this chapter:
``(1) Active reservist.--The term `active reservist' means
a reservist holding a position to which such reservist has been
appointed under section 10403(c)(2).
``(2) Administrator.--The term `Administrator' means the
Administrator of the General Services Administration.
``(3) Covered executive agency.--The term `covered
Executive agency' means an Executive agency as defined in
section 105, except that such term includes the United States
Postal Service, the Postal Regulatory Commission, and the
Executive Office of the President.
``(4) Program.--The term `Program' means the program
established under section 10402(a).
``(5) Reservist.--The term `reservist' means an individual
who is a member of the National Digital Reserve Corps.
``SEC. 10402. ESTABLISHMENT.
``(a) Establishment.--There is established in the General Services
Administration a program to establish, manage, and assign a reserve of
individuals with relevant skills and credentials, to be know as the
`National Digital Reserve Corps', to help address the digital and
cybersecurity needs of covered Executive agencies.
``(b) Implementation.--
``(1) Guidance.--Not later than six months after the date
of the enactment of this section, the Administrator shall issue
guidance for the National Digital Reserve Corps, which shall
include procedures for coordinating with covered Executive
agencies to--
``(A) identify digital and cybersecurity needs
which may be addressed by the National Digital Reserve
Corps; and
``(B) assign active reservists to address such
needs.
``(2) Recruitment and initial assignments.--Not later than
one year after the date of the enactment of this section, the
Administrator shall begin recruiting reservists and assigning
active reservists under the Program.
``SEC. 10403. ORGANIZATION.
``(a) Administration.--
``(1) In general.--The National Digital Reserve Corps shall
be administered by the Administrator.
``(2) Responsibilities.--In carrying out the Program, the
Administrator shall--
``(A) establish standards for serving as a
reservist, including educational attainment,
professional qualifications, and background checks;
``(B) ensure the standards established under
subparagraph (A) are met;
``(C) recruit individuals to the National Digital
Reserve Corps;
``(D) activate and deactivate reservists as
necessary;
``(E) coordinate with covered Executive agencies
to--
``(i) determine the digital and
cybersecurity needs which reservists shall be
assigned to address;
``(ii) ensure reservists have access,
resources, and equipment required to address
digital and cybersecurity needs which such
reservists are assigned to address; and
``(iii) analyze potential assignments for
reservists to determine outcomes, develop
anticipated assignment timelines, and identify
covered Executive agency partners;
``(F) ensure reservists acquire and maintain
appropriate security clearances; and
``(G) determine what additional resources, if any,
are required to successfully implement the Program.
``(b) National Digital Reserve Corps Participation.--
``(1) Service obligation agreement.--
``(A) In general.--An individual may become a
reservist only if such individual enters into a written
agreement with the Administrator to become a reservist.
``(B) Contents.--The agreement under subparagraph
(A) shall--
``(i) require the individual seeking to
become a reservist to serve as a reservist for
a three-year period, during which such
individual shall serve not less then 30 days
per year as an active reservist; and
``(ii) set forth all other the rights and
obligations of the individual and the General
Services Administration.
``(2) Compensation.--The Administrator shall determine the
appropriate compensation for service as a reservists, except
that the annual pay for such service shall not exceed $10,000.
``(3) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and non-discrimination
in reemployment of active reservists, provided that such
regulations shall include, at a minimum, those rights and
obligations set forth under chapter 43 of title 38.
``(4) Penalties.--
``(A) In general.--A reservist that fails to accept
an appointment under subsection (c)(2) or fails to
carry out the duties assigned to reservist under such
an appointment shall, after notice and an opportunity
to be heard--
``(i) cease to be a reservist; and
``(ii) be fined an amount equal to the sum
of--
``(I) an amount equal to the
amounts, if any, paid under section
10405 with respect to such reservist,
and
``(II) the difference between the
amount of compensation such reservist
would have received if the reservist
completed the entire term of service as
a reservist agreed to in the agreement
described in paragraph (1) and the
amount of compensation such reservist
has received under such agreement.
``(B) Exception.--Subparagraph (A) shall not apply
with respect to a failure of a reservist to accept an
appointment under subsection (c)(2) or to carry out the
duties assigned to the reservist under such an
appointment if--
``(i) the failure was due to the death or
disability of such reservist; or
``(ii) the Administrator determines that
subparagraph (A) should not apply with respect
to the failure.
``(c) Hiring Authority.--
``(1) Corps leadership.--The Administrator may appoint,
without regard to the provisions of subchapter I of chapter 33
(other than sections 3303 and 3328) of this title, qualified
candidates to positions in the competitive service in the
General Service Administration for which the primary duties are
related to the management or administration of the National
Digital Reserve Corps, as determined by the Administrator.
``(2) Corps reservists.--
``(A) In general.--The Administrator may appoint,
without regard to the provisions of subchapter I of
chapter 33 (other than sections 3303 and 3328),
qualified reservists to temporary positions in the
competitive service for the purpose of assigning such
reservists under section 10404 and to otherwise carry
out the National Digital Reserve Corps.
``(B) Appointment limits.--
``(i) In general.--The Administrator may
not appoint an individual under this paragraph
if, during the 365-day period ending on the
date of such appointment, such individual has
been an officer or employee of the executive or
legislative branch of the United States
Government, of any independent agency of the
United States, or of the District of Columbia
for not less than 130 days.
``(ii) Automatic appointment termination.--
The appointment of an individual under this
paragraph shall terminate upon such individual
being employed as an officer or employee of the
executive or legislative branch of the United
States Government, of any independent agency of
the United States, or of the District of
Columbia for 130 days during the previous 365
days.
``(C) Employee status.--An individual appointed
under this paragraph shall be considered a special
Government employee (as such term is defined in section
202(a) of title 18).
``(D) Additional employees.--Individuals appointed
under this paragraph shall be in addition to any
employees of the General Services Administration whose
duties relate to the digital or cybersecurity needs of
the General Services Administration.
``SEC. 10404. ASSIGNMENTS.
``(a) In General.--The Administrator may assign active reservists
to address the digital and cybersecurity needs of covered Executive
agencies, including cybersecurity services, digital education and
training, data triage, acquisition assistance, guidance on digital
projects, development of technical solutions, and bridging public needs
and private sector capabilities.
``(b) Assignment-specific Access, Resources, Supplies, or
Equipment.--The head of a covered Executive agency shall, to the extent
practicable, provide each active reservist assigned to address a
digital or cybersecurity need of such covered Executive agency under
subsection (a) with any specialized access, resources, supplies, or
equipment required to address such digital or cybersecurity need.
``(c) Duration.--An assignment of an individual under subsection
(a) shall terminate on the earlier of--
``(1) the date determined by the Administrator;
``(2) the date on which the Administrator receives
notification of the decision of the head of the covered
Executive agency, the digital or cybersecurity needs of which
such individual is assigned to address under subsection (a),
that such assignment should terminate; or
``(3) the date on which the assigned individual ceases to
be an active reservist.
``SEC. 10405. RESERVIST CONTINUING EDUCATION.
``(a) In General.--Subject to the availability of appropriations,
the Administrator may pay for reservists to acquire training and
receive continuing education, including attending conferences and
seminars and obtaining certifications, that will enable reservists to
more effectively meet the digital and cybersecurity needs of covered
Executive agencies.
``(b) Application.--The Administrator shall establish a process for
reservists to apply for the payment of reasonable expenses related to
the training or continuing education described in subsection (a).
``(c) Report.--Not later than one year after the date of the
enactment of this section, and annually thereafter, the Administrator
shall submit to Congress a report on the expenditures under this
subsection.
``SEC. 10406. CONGRESSIONAL REPORTS.
``Not later than two years after the date of the enactment of this
section, and annually thereafter, the Administrator shall submit to
Congress a report on the Program, including--
``(1) the number of reservists;
``(2) a list of covered Executive agencies that have
submitted requests for support from the National Digital
Reserve Corps;
``(3) the nature and status of such requests; and
``(4) with respect to each such request to which active
reservists have been assigned and for which work by the
National Digital Reserve Corps has concluded, an evaluation of
such work and the results of such work by--
``(A) the covered Executive agency that submitted
the request; and
``(B) the reservists assigned to such request.''.
(b) Clerical Amendment.--The table of chapters for part III of
title 5, United States Code, is amended by inserting after the item
related to chapter 103 the following new item:
``104. National Digital Reserve Corps....................... 10403''.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $30,000,000, to remain available until fiscal year 2023,
to carry out the program established under section 10402(a) of title 5,
United States Code, as added by this section.
Subtitle B--PLUM Act of 2022
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Periodically Listing Updates
to Management Act of 2022'' or the ``PLUM Act of 2022''.
SEC. 1122. 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;
and
``(B) 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 XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. MODIFICATIONS TO ANNUAL REPORTS ON SECURITY COOPERATION.
(a) 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''.
(b) 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 preceding the
fiscal year in which such report is submitted, pursuant to one or more
of the authorities listed 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;
``(B) a description of how such activities advance
the theater security cooperation strategy of the
relevant geographic combatant command; and
``(C) a description of efforts to prevent civilian
harm and human rights violations.
``(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 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.
``(E) 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.
``(F) 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.
``(G) 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 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.
``(F) 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.
``(G) 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.
``(H) 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.
``(I) 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 operational 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 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 the foreign country.
``(F) 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 in the
activity.
``(G) With respect to each training event that
commenced under section 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.
``(H) 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 cost to provide
such assistance.''.
SEC. 1202. 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. 1203. 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. 1204. MODIFICATION TO AUTHORITY TO BUILD CAPACITY OF FOREIGN
SECURITY FORCES.
Subsection (a) of section 333 of title 10, United States Code, is
amended--
(1) in paragraph (3), by inserting ``or other counter-
illicit trafficking operations'' before the period at the end;
and
(2) by adding at the end the following new paragraph:
``(10) Operations or activities that maintain or enhance
the climate resilience of military or security infrastructure
supporting security cooperation programs under this section.''.
SEC. 1205. PUBLIC REPORT ON MILITARY CAPABILITIES OF CHINA, IRAN, NORTH
KOREA, AND RUSSIA.
(a) Public Report on Military Capabilities of Covered Countries.--
Chapter 23 of title 10, United States Code, is amended by inserting
after section 486 the following new section:
``Sec. 487. Public report on military capabilities of covered countries
``(a) Annual Report.--Not later than January 30 of each year
through 2027, the Secretary of Defense, in consultation with the
Director of National Intelligence, shall make publicly available on the
internet website of the Department of Defense a report on the military
capabilities of each covered country.
``(b) Matters Included.--Each report under subsection (a) shall
include, with respect to each covered country--
``(1) an assessment of the grand strategy, security
strategy, and military strategy, including the goals and trends
of such strategies;
``(2) an estimate of the funds spent annually on developing
conventional forces, unconventional forces, and nuclear and
missile forces;
``(3) an assessment of the size and capabilities of the
conventional forces;
``(4) an assessment of the size and capability of the
unconventional forces and related activities;
``(5) with respect to the forces described in subsection
(d)(3)(B), an assessment of the types and amount of support,
including--
``(A) lethal and non-lethal supplies; and
``(B) training provided; and
``(6) an assessment of the capabilities of the nuclear and
missile forces and related activities, including--
``(A) the nuclear weapon capabilities;
``(B) the ballistic missile forces; and
``(C) the development of the nuclear and missile
forces since the preceding year.
``(c) Form.--Each report under subsection (a) shall be made
available in unclassified form, consistent with the protection of
intelligence sources and methods.
``(d) Nonduplication of Efforts.--The Secretary of Defense may use
or add to any existing reports completed by the Secretary of Defense or
Director of National Intelligence to respond to the reporting
requirement under subsection (a).
``(e) Definitions.--In this section:
``(1) The term `conventional forces' means, with respect to
a covered country, military forces designed to conduct
operations in sea, air, space, cyberspace, the electromagnetic
spectrum, or land, other than unconventional forces, ballistic
forces, and cruise missile forces.
``(2) The term `covered country' means each of the
following:
``(A) China.
``(B) Iran.
``(C) North Korea.
``(D) Russia.
``(3) The term `unconventional forces', with respect to a
covered country--
``(A) means forces that carry out missions
typically associated with special operations forces;
and
``(B) includes any organization that--
``(i) has been designated by the Secretary
of State as a foreign terrorist organization
under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189); or
``(ii) has been assessed by the Secretary
of Defense as being willing to act under the
control or at the direction of such covered
country.''.
(b) Clerical Amendment.--The table of contents for chapter 23 of
title 10, United States Code, is amended by inserting after the item
related to section 486 the following item:
``487. Public report on military capabilities of covered countries.''.
SEC. 1206. SECURITY COOPERATION PROGRAMS WITH FOREIGN PARTNERS TO
ADVANCE WOMEN, PEACE, AND SECURITY.
(a) In General.--Subchapter V of chapter 16 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 353. Women, peace, and security programs
``(a) In General.--The Secretary of Defense, with the concurrence
of the Secretary of State, may conduct or support security cooperation
programs and activities involving the national military or national-
level security forces of a foreign country or other covered personnel
to advise, train, and educate such forces or such other covered
personnel with respect to--
``(1) the recruitment, employment, development, retention,
promotion, and meaningful participation in decision making of
women and underrepresented groups;
``(2) sexual harassment, sexual assault, domestic abuse,
and other forms of sexual and gender-based violence that
disproportionately impact women and underrepresented groups;
``(3) the integration of gender analysis into security
sector policy, planning, exercises, and training;
``(4) the requirements of women and underrepresented
groups, including providing appropriate gender sensitive
equipment and facilities;
``(5) the development of educational curriculum on women,
peace, and security within professional military education
programming and other security forces training;
``(6) the establishment, training, and development of
gender advisory workforces within women, peace, and security
programs; and
``(7) the implementation of activities described in this
subsection.
``(b) Payment of Expenses for Advancement of Objectives.--The
Secretary of Defense may pay for the travel, transportation, and
subsistence expenses of national military and national-level security
forces of a foreign country or other covered personnel that the
Secretary considers necessary for the advancement of the objectives of
this section.
``(c) Other Covered Personnel Defined.--In this section, the term
`other covered personnel' means personnel of--
``(1) the ministry of defense, or a governmental entity
with a similar function, of a foreign country;
``(2) a regional organization with a security mission;
``(3) personnel of a friendly foreign government other than
personnel of national security forces; or
``(4) personnel of a non-governmental organization.''.
(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 adding at the end the following new item:
``353. Women, peace, and security programs.''.
(c) Women, Peace, and Security Curricula for Pre-commissioning
Education Programs and Joint Professional Military Education.--
(1) Integration of women, peace, and security curricula.--
The Secretary of Defense shall develop a plan to incorporate
women, peace, and security studies as a component of the core
curricula of pre-commissioning education programs and joint
professional military education programs to further
implementation of the Women, Peace, and Security Act of 2017
(Public Law 115-68; 22 U.S.C. 2151 note), including an analysis
of the resources needed to develop a standardized women, peace,
and security curriculum.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the appropriate congressional committees a report detailing the
plan developed under paragraph (1).
(3) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall brief
the appropriate congressional committees on the report under
paragraph (2) detailing the plan developed under paragraph (1).
(4) Definitions.--In this subsection:
(A) The term ``appropriate congressional
committees'' means--
(i) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(ii) the Committee on Armed Services and
the Committee on Foreign Relations of the
Senate.
(B) The term ``joint professional military
education program'' means a program or course of
instruction established pursuant to a provision of
chapter 107 of title 10, United States Code.
(C) The term ``pre-commissioning education
program'' means a program or course of instruction
established for--
(i) the United States Military Academy;
(ii) the United States Naval Academy; or
(iii) the United States Air Force Academy.
(d) Plan for Development and Management of Gender Advisor
Workforce.--
(1) Plan required.--The Secretary of Defense shall develop
and implement a plan to standardize the role and duties of the
gender advisor workforce of the Department of Defense
responsible for supporting the implementation of the Women,
Peace, and Security Act of 2017 (Public Law 115-68; 22 U.S.C.
2151 note).
(2) Elements.--The plan required by paragraph (1) shall
consist of such elements relating to the development and
management of the gender advisor workforce, including an
assessment of--
(A) the funds, resources, and authorities needed to
establish and develop the gender advisor role into a
full-time, billeted, and resourced position across
organizations within the Department of Defense,
including the military departments, Armed Forces, the
combatant commands, and defense agencies and field
activities;
(B) the actions the Secretary will take to develop
and standardize position descriptions of the gender
advisor workforce, including gender advisors and gender
focal points, across organizations within the
Department;
(C) the Department's existing training programs for
gender advisors and gender focal points, including the
creation and funding of a credentialing program for
gender advisors to foster the development of a
professionalized cadre of gender advisors.
(D) a self-assessment of the Department's progress
in implementing a fully trained cadre of gender
advisors appropriately placed within the Department and
a plan to address any gaps or deficiencies; and
(E) the actions the Secretary will carry out for
incorporating the total amount of expenditures and
proposed appropriations necessary to support the
program, projects, and activities of the gender advisor
workforce into future years defense program submissions
to Congress.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the appropriate congressional committees a report detailing the
Secretary's progress in implementing the plan required by
paragraph (1).
(4) Definitions.--In this subsection--
(A) the term ``appropriate congressional
committees'' means--
(i) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(ii) the Committee on Armed Services and
the Committee on Foreign Relations of the
Senate; and
(B) the term ``gender advisor workforce'' means all
gender advisors and gender focal points across the
Department of Defense.
SEC. 1207. STRATEGY FOR SECURITY COOPERATION.
(a) Strategy Required.--Not later than 1 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 appropriate congressional
committees a strategy to improve security partner cooperation, increase
the safety of United States personnel in partner countries, and
increase the safety of the personnel of such countries, by working to
improve partner military operations. Such strategy shall seek to
advance accurate targeting and avoid unintentionally targeting
civilians or life-sustaining civilian infrastructure, which has the
potential to put United States and partner country personnel in life-
threatening danger by radicalizing local populations, and shall include
improvements to the ability of partner countries with respect to--
(1) intelligence collection, evaluation, and dissemination,
including by improving the evaluation of hostile intent and
discernment between hostile intent and hostile action; and
(2) the evaluation and accuracy of determining correct
targets by increasing understanding of civilian populations,
population centers, and local civilian infrastructure such as
water systems infrastructure, food infrastructure, and
education and health care infrastructure.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1208. GENERAL THADDEUS KOSCIUSZKO EXCHANGE PROGRAM.
(a) Authority.--The Commander of United States Army Special
Operations Command shall seek to carry out a training program pursuant
to section 322 of title 10, United States Code, between special
operations forces under the jurisdiction of the Commander and special
operations forces of the Polish Army. Such program shall be known as
the ``General Thaddeus Kosciuszko Memorial Exchange Program for Polish-
American Defense Cooperation''.
(b) Purposes.--The purposes of the program include the following:
(1) To create an enduring training cooperation program to
enhance the national security and defensive capabilities of the
United States and Poland.
(2) To enable both countries to effectively respond to
emerging threats and future challenges in Eastern Europe and
around the globe.
(3) To increase the interoperability, combined readiness,
joint planning capabilities, and shared situational awareness
between special operations forces described in subsection (a).
(4) To provide a program for the exchange of such special
operations forces that will increase readiness and capacity to
counter adversarial operations, including--
(A) enhancing and increasing the capability to
counter irregular and asymmetrical warfare;
(B) enhancing and increasing the capability to
respond to, and conduct, information operations;
(C) enhancing and increasing the capability to
counter land and air assaults, including the capacity
to conduct urban warfare; and
(D) any other relevant training that the Secretary
of Defense determines relevant, including training at
military training centers and professional military
education institutions of the Department of Defense.
(5) To encourage the deepening and number of training
programs among NATO allies and partners to strengthen joint
resiliency, readiness, and deterrence capabilities, to
facilitate peace in the transatlantic region.
(c) Eligibility.--Officers and enlisted members of such special
operations forces may participate in the program under this section.
(d) Progress Report.--Not later than 120 days after the date of the
enactment of this Act, the Commander shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
regarding progress of the Commander in carrying out the training
program.
SEC. 1209. ASSESSMENT, MONITORING, AND EVALUATION OF PROGRAMS AND
ACTIVITIES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committee on Armed
Services of the House of Representatives a report on the processes that
the Department of Defense uses to assess, monitor, and evaluate
programs and activities under section 127e of title 10, United States
Code, and section 1202 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639). The report shall
include--
(1) an evaluation of the efficiency and effectiveness of
such programs and activities in achieving desired outcomes;
(2) identification of lessons learned and best practices in
carrying out such programs and activities; and
(3) an explanation of the extent to which such lessons are
used to improve future programs and activities carried out
under such authorities of the Department of Defense.
SEC. 1209A. REPORT ON CHIEF OF MISSION CONCURRENCE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, with the concurrence
of the Secretary of State, shall submit to the appropriate
congressional committees a report evaluating the processes by which
chiefs of mission provide concurrence to the exercise of the authority
pursuant to section 127e of title 10, United States Code, and section
1202 of the National Defense Authorization Act for Fiscal Year 2018.
(b) Matters to Be Included.--The report required by subsection (a)
shall include--
(1) the most significant impediments to each relevant chief
of mission's ability to inform and consult in a timely manner
with relevant individuals at relevant missions or bureaus of
the Department of State;
(2) the lessons learned from such consultations;
(3) procedures and agreements between departments that
enable Secretary of State to take such steps as may be
necessary to ensure that such relevant individuals have the
security clearances necessary and access to relevant
compartmented and special programs to so consult in a timely
manner with respect to such concurrence; and
(4) the lessons learned from such procedures and agreements
and required improvements so identified.
(c) Form.--The report required by section (a) may be provided in
classified form.
(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 Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1209B. REPEAL OF LIMITATION ON COSTS COVERED UNDER HUMANITARIAN
DEMINING ASSISTANCE.
Subsection (c)(3) of section 407 of title 10, United States Code,
is repealed.
SEC. 1209C. MODIFICATION TO FELLOWSHIP PROGRAM TO ADD TRAINING RELATING
TO URBAN WARFARE.
Section 345 of title 10, United States Code, is amended--
(1) in subsection (b)(1), by adding at the end the
following sentence: ``In addition to the areas of combating
terrorism and irregular warfare, the program should focus
training on urban warfare.''; and
(2) by adding at the end of subsection (d) the following
new paragraph:
``(6) A discussion of how the training from the previous
year incorporated lessons learned from ongoing conflicts.''.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION AND MODIFICATION OF THE AFGHAN SPECIAL IMMIGRANT
VISA PROGRAM.
Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note) is amended--
(1) in the heading, by striking ``2022'' and inserting
``2023''; and
(2) in clause (ii), by striking ``2023'' and inserting
``2024''.
SEC. 1212. 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 (12) through (19), 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
``(B) the ability of the United States to detect
emerging threats emanating from Afghanistan against the
United States and former coalition 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 personnel involved in over-the-horizon
counterterrorism options.''; and
(3) in paragraph (16), as so redesignated, by striking
``Afganistan'' and inserting ``Afghanistan''.
SEC. 1213. 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. 1221. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO VETTED
SYRIAN GROUPS AND INDIVIDUALS.
(a) In General.--Subsection (a) of section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act of
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3451) is amended by
striking ``December 31, 2022'' and inserting ``December 31, 2023''.
(b) Extension of Waiver Authority.--Subsection (l)(3)(D) of such
section is amended by striking ``December 31, 2022'' and inserting
``December 31, 2023''.
SEC. 1222. 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 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 ``$322,500,000'' and inserting
``$358,015,000''.
(c) Extension of Waiver Authority.--Subsection (o)(5) of such
section is amended by striking ``December 31, 2022'' and inserting
``December 31, 2023''.
(d) Limitation on Availability of Funds.--Of the amount of funds
made available for fiscal year 2022 (and available for obligation as of
the date of the enactment of this Act) and fiscal year 2023 to carry
out 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), not more than 50 percent may be obligated or
expended until the date on which the Secretary of Defense submits to
the appropriate congressional committees the report required by section
1223(f) of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81).
SEC. 1223. 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 (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 funds authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2023 for the Office of the Secretary of the Army, the Office of
the Secretary of the Navy, and the Office of the Secretary of the Air
Force for travel expenses, not more than 65 percent may be obligated or
expended until the date on which a staffing plan for the Office of
Security Cooperation in Iraq is completed.
SEC. 1224. EXTENSION AND MODIFICATION OF REPORT ON THE MILITARY
CAPABILITIES OF IRAN AND RELATED ACTIVITIES.
Subsection (a) of section 1227 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1972) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``and annually thereafter for 1
year'' after ``enactment of this Act''; and
(B) by inserting ``, consistent with the protection
of intelligence sources and methods,'' after ``Director
of National Intelligence''; and
(2) in paragraph (1)(D), by inserting ``Hamas, Palestinian
Islamic Jihad, Popular Front for the Liberation of Palestine,''
after ``Lebanese Hezbollah,''.
SEC. 1225. 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. 1226. REPORT ON ASSISTING IRANIAN DISSIDENTS AND PEOPLE ACCESS
TELECOMMUNICATIONS TOOLS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Secretary of the Treasury and the heads of other relevant Federal
agencies, shall submit to Committee on Foreign Affairs and the
Committee on Financial Services of the House of Representatives and the
Committee on Foreign Relations and the Committee on Banking of the
Senate a report that includes the matters described in subsection (b).
(b) Matters Described.--The matters described in this subsection
are the following:
(1) An assessment of the Iranian Government's ability to
impose internet shutdowns, censor the internet, and track
Iranian dissidents, labor organizers, political activists, or
human rights defenders inside Iran through targeted digital
surveillance or other digital means.
(2) A list of technologies, including hardware, software,
and services incident to personal communications, including
set-top boxes (STB), satellites, and web developer tools, that
would encourage the free flow of information to better enable
the Iranian people to communicate with each other and the
outside world.
(3) An assessment on whether existing United States policy
impedes the ability of Iranians to circumvent the Iranian
Government's attempt to securitize access to the internet and
block access to the internet at times of civil unrest.
(4) A review of the legal exemptions that authorize access
to information technology and how such exemptions or any
accompanying general licenses may be altered to mitigate any
hindrances imposed on Iranian dissidents and activists inside
Iran.
(5) An assessment of whether further exemptions or
alterations to existing exemptions and general licenses are
necessary to support Iranian citizens' access to the internet
and to assist their efforts to circumvent internet shutdowns
and targeted digital surveillance from the Iranian Government.
(c) Form.--The report required pursuant to subsection (a) shall be
submitted in unclassified form but may include a classified annex if
such annex is provided separately from such unclassified version.
(d) Definition.--In this section, the term ``targeted digital
surveillance'' means the use of items or services that enable an
individual or entity (with or without the knowing authorization of the
product's owner) to detect, monitor, intercept, collect, exploit,
preserve, protect, transmit, retain, or otherwise gain access to the
communications, sensitive or protected information, work product,
browsing data, research, identifying information, location history, and
online and offline activities of other individuals, organizations, or
entities.
SEC. 1227. STATE DEPARTMENT AUTHORIZATION FOR PAVILION AT EXPO 2025
OSAKA.
(a) In General.--Notwithstanding 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), there is authorized to be
appropriated for each of fiscal years 2023 and 2024 funds for a United
States pavilion at Expo 2025 Osaka, subject to subsections (b) and (c).
(b) Cost-share Requirement.--Funds made available pursuant to
subsection (a) to the Department of State for a United States pavilion
at Expo 2025 Osaka shall be made available on a cost-matching basis, to
the maximum extent practicable, from sources other than the United
States Government.
(c) Notification.--
(1) In general.--Funds made available pursuant to
subsection (a) to the Department of State for a United States
pavilion at Expo 2025 Osaka may be obligated only after the
appropriate congressional committees are notified not less than
15 days prior to such obligation.
(2) Matters to be included.--Such notification shall
include the following:
(A) A description of the source of such funds,
including any funds reprogrammed or transferred by the
Department of State to be made available for such
pavilion.
(B) An estimate of the amount of investment such
pavilion could bring to the United States.
(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 (b).
(D) A certification that each entity receiving
amounts for a contract, grant, or other agreement to
construct, maintain, or otherwise service such
pavilion--
(i) is not in violation of the labor laws
of Japan, the Foreign Corrupt Practices Act of
1977 (Public Law 95-213), and any other
applicable anti-corruption laws; and
(ii) does not employ, or otherwise utilize,
a victim of trafficking (as defined in section
103 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102)).
(d) Final Report.--Not later than 180 days after the date on which
a United States pavilion at Expo 2025 Osaka is opened, the Secretary of
State shall submit to the appropriate congressional committees a report
that includes--
(1) the number of United States businesses that
participated in such pavilion; and
(2) the dollar amount and source of any matching funds
obtained by the Department.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) The Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(f) Sunset.--This section ceases to be effective on December 31,
2025.
SEC. 1228. REPORT ON THE U.N. 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 House
of Representatives and the Senate, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign Relations of
the Senate a report that includes a detailed description of--
(1) an assessment of the U.N. arms embargo on Iran on its
effectiveness in constraining Iran's ability to supply, sell,
or transfer, directly or indirectly, arms or related materiel,
including spare parts, when it was in place; and
(2) the measures that the Departments of State and Defense
are taking to constrain Iranian arms proliferation and combat
the supply, sale, or transfer of weapons to or from Iran.
SEC. 1229. REPORT ON ISLAMIC REVOLUTIONARY GUARD CORPS-AFFILIATED
OPERATIVES ABROAD.
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 House
of Representatives and the Senate, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign Relations of
the Senate 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 nations to
inform them of the threat posed by Islamic Revolutionary Guard
Corps-affiliated officials serving in diplomatic and consular
roles in third party countries.
SEC. 1229A. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST
IRAQ RESOLUTION OF 2002.
The Authorization for Use of Military Force Against Iraq Resolution
of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is
hereby repealed.
SEC. 1229B. 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) Report and Strategy Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense, the
Secretary of State, the Secretary of the Treasury, the Administrator of
the Drug Enforcement Administration, the Director of National
Intelligence, and the heads of other appropriate Federal agencies shall
provide to the appropriate congressional committees a written strategy
to disrupt and dismantle narcotics production and trafficking and
affiliated networks linked to the regime of Bashar al-Assad in Syria.
Such strategy shall include each of the following:
(1) A strategy to target, disrupt, and degrade networks
that directly or indirectly support the narcotics
infrastructure of the Assad regime, particularly through
diplomatic and intelligence support to law enforcement
investigations and to build 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.
(2) Information relating to the use of statutory
authorities, including the Caesar Syria Civilian Protection Act
of 2019 (22 U.S.C. 8791 note), the Foreign Narcotics Kingpin
Designation Act (popularly referred to as the ``Kingpin Act''),
section 489 of the Foreign Assistance Act (relating to the
international narcotics control strategy report), and
associated actions to target individuals and entities directly
or indirectly associated with the narcotics infrastructure of
the Assad regime.
(3) Information relating to the use of global diplomatic
engagements associated with the economic pressure campaign
against the Assad regime to target its narcotics
infrastructure.
(4) A strategy for leveraging multilateral institutions and
cooperation with international partners to disrupt the
narcotics infrastructure of the Assad regime.
(5) A strategy for mobilizing a public communications
campaign to increase awareness of the extent of the connection
of the Assad regime to illicit narcotics trade.
(6) A description of the countries receiving or transiting
large shipments of Captagon, and an assessment of the counter-
narcotics capacity of such countries to interdict or disrupt
the smuggling of Captagon, including an assessment of current
United States assistance and training programs to build such
capacity in such countries.
(c) Form of Report.--The report required under subsection (b) shall
be submitted in an unclassified form, but may contain a classified
annex.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on the
Judiciary, the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Armed Services, the Committee on the
Judiciary, the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate.
Subtitle D--Matters Relating to Russia
SEC. 1231. 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, or 2023''.
SEC. 1232. 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. 1068) is amended by inserting ``salaries
and stipends, and sustainment'' after ``supplies and services,''.
(b) 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) in paragraph (5), by striking ``Of the funds available
for fiscal year 2022 pursuant to subsection (f)(7)'' and
inserting ``Of the funds available for fiscal year 2023
pursuant to subsection (f)(8)''; 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 of 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.''.
(c) 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 amount, dollar value, origin,
and capabilities associated with the articles.
``(C) A detailed description of the articles
provided to Ukraine to be replenished, including the
amount, 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.
``(F) A description, including relevant dollar
value amounts, of the articles provided to Ukraine by
the recipient country which are being replenished.
``(G) A certification that the transfer of the
articles in the national security interest of the
United States, and a justification for that
determination.''.
(d) Funding.--Subsection (f) of such section is amended by adding
at the end the following:
``(8) For fiscal year 2023, $1,000,000,000.''.
(e) Termination of Authority.--Subsection (h) of such section is
amended by striking ``December 31, 2023'' and inserting ``December 31,
2024''.
(f) 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. 1233. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF RUSSIA OVER CRIMEA.
(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 Russia over Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence of the
Secretary of State, may waive the restriction on the obligation or
expenditure of funds required by subsection (a) if the Secretary of
Defense--
(1) determines that to do so is in the national security
interest of the United States; and
(2) submits a notification of the waiver, at the time the
waiver is invoked, to 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.
SEC. 1234. ASSESSMENT OF RUSSIAN STRATEGY IN UKRAINE.
(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
appropriate congressional committees an assessment of the strategic,
operational, and organizational strengths and weaknesses of the Russian
Federation's military strategy for the invasion and occupation of
Ukraine, including an assessment of efforts and sources of leverage
that could be used to exploit the weaknesses in that strategy as part
of the effort to provide assistance to Ukraine.
(b) Matters to Be Included.--The assessment of Russia's military
strategy required by subsection (a) shall include at a minimum a
description of the following:
(1) Strategic strengths and weaknesses.
(2) Operational strengths and weaknesses.
(3) Organizational and logistical strengths and weaknesses.
(4) Strengths and weaknesses related to Russian employment
of Russia's Federal Security Service (FSB), national guard, and
reserve units.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Permanent Select Committee on Intelligence and the
Committee on Foreign Affairs of the House of Representatives;
and
(3) the Select Committee on Intelligence and the Committee
on Foreign Relations of the Senate.
(d) 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 (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;
``(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
``(D) all foreign persons engaged significantly
with Russian private military companies.''; 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''.
(e) Report on Lessons Learned From War.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretary of each military department, shall
submit to the appropriate congressional committees an assessment of
lessons learned by the respective military departments from the
conflict following the Russian invasion of Ukraine that includes the
following:
(1) Lessons learned from intelligence-sharing activities
conducted between the United States, NATO, the European Union,
and Ukraine throughout the conflict.
(2) Observed tactics and techniques of information-related
capabilities and the integration of information-related
capabilities in supporting Ukraine objectives.
(3) Analysis of the capabilities, tactics, and techniques
implemented throughout the conflict following the Russian
invasion of Ukraine, from each military department, with a
focus on the Army, Navy, and Air Force.
(4) Analysis of all collected information to identify
recurring strengths and weaknesses in United States and NATO
tactics, training, and equipment.
(5) Recommendations to address any corrective actions.
(f) Form; Publication.--The report required by subsection (e) shall
be submitted in unclassified form but may include a classified annex.
The unclassified portion of such report shall be published on a
publicly accessible website of the Department of Defense.
(g) Sense of Congress.--It is the sense of Congress that--
(1) the United States could greatly benefit from on-the-
ground combat observations of the conflict following the
Russian invasion of Ukraine to learn lessons about modern
warfare between near-peer adversaries, and successful and
unsuccessful aspects of both sides' tactics, operations, and
strategy;
(2) expert projections of how this conflict was likely to
unfold were inaccurate, suggesting the United States has many
lessons to learn from this conflict;
(3) the Department of Defense should, when feasible,
organize Combat Observation Teams, who should be given
battlefield access as non-combatants, with specialized skill
sets to collect information, including by conducting first-
person interviews, or other conflict-specific assessments and
observations;
(4) such collection and observations should occur after the
conflict has largely subsided, and the physical, political, and
escalatory risk of sending an American combat observer team is
sufficiently low;
(5) such teams should consist of talented senior officers
and non-commissioned officers with appropriate experience and
specialties for their task;
(6) Combat Observation Teams should be encouraged to
interview Ukrainian military members, and civilians, conduct
site surveys, and work with the United States embassy and other
allied countries as appropriate; and
(7) the time is ripe for an infusion of lessons from
Ukraine, and observations could ensure the United States is
prepared for the future of modern warfare and conflict.
SEC. 1235. REPORT ON EFFORTS BY THE RUSSIAN FEDERATION TO EXPAND ITS
PRESENCE AND INFLUENCE IN LATIN AMERICA AND THE
CARIBBEAN.
(a) Report.--Not later than June 30, 2023, the Secretary of State,
in coordination with the Secretary of Defense and the Director of
National Intelligence and in consultation with the heads of other
appropriate Federal departments and agencies, as necessary, shall
submit to the appropriate congressional committees a report that
identifies efforts by the Government of the Russian Federation to
expand its presence and influence in Latin America and the Caribbean
through diplomatic, military, intelligence, and other means, and
describes the implications of such efforts on the national defense and
security interests of the United States.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An identification of--
(A) the countries of Latin America and the
Caribbean with which the Government of the Russian
Federation maintains especially close diplomatic,
military, and intelligence relationships;
(B) the number and content of strategic partnership
agreements or similar agreements, including any non-
public, secret, or informal agreements, that the
Government of the Russian Federation has established
with countries and regional organizations of Latin
America and the Caribbean;
(C) the countries of Latin America and the
Caribbean to which the Government of the Russian
Federation provides foreign assistance or disaster
relief (including access to COVID-19 vaccines),
including a description of the amount and purpose of,
and any conditions attached to, such assistance;
(D) recent visits by senior officials of the
Government of the Russian Federation, including its
state-owned or state-directed enterprises, to Latin
America and the Caribbean, and visits by senior
officials from Latin America and the Caribbean to the
Russian Federation; and
(E) the existence of any defense exchanges,
military or police education or training, and exercises
between any military or police organization of the
Government of the Russian Federation and military,
police, or security-oriented organizations of countries
of Latin America and the Caribbean, including port
visits by the Russian Navy.
(2) A detailed description of--
(A) the impact Russia's war in Ukraine has or may
have on its diplomatic, military, and intelligence
activities in Latin America and the Caribbean;
(B) the relationship between the Government of the
Russian Federation and the Governments of Venezuela,
Cuba, Nicaragua, and Bolivia;
(C) attempts by the Government of the Russian
Federation to develop relations with the Governments of
Brazil and Argentina, two countries whose leaders met
with Russian President Vladimir Putin in Moscow shortly
before the invasion of Ukraine;
(D) military installations, assets, and activities
of the Government of the Russian Federation in Latin
America and the Caribbean that currently exist or are
planned for the future, including the size, location,
and purpose of any deployed Russian Federation Armed
Forces or security contractors associated with the
Russian Federation;
(E) the purpose of and operations emanating from
the Russian Federation's operations center in Managua,
Nicaragua;
(F) the Russian Federation's subversion of United
States sanctions on Venezuela's oil sector;
(G) the Russian Federation's involvement in the
border dispute between Venezuela and Guyana;
(H) sales or transfers of defense articles and
services by the Russian Federation to countries of
Latin America and the Caribbean;
(I) any other form of military or security
cooperation or assistance between the Government of the
Russian Federation or its associated paramilitary
organizations, and paramilitary organizations and
countries in Latin America and the Caribbean;
(J) the nature, extent, and purpose of the
Government of the Russian Federation's intelligence
activities in Latin America and the Caribbean;
(K) the role of the Government of the Russian
Federation in transnational crime in Latin America and
the Caribbean, including drug trafficking, money
laundering, and organized crime;
(L) the methods by which the Government of the
Russian Federation expands its influence through
support to transnational criminal organizations in
Latin America and the Caribbean; and
(M) efforts by the Government of the Russian
Federation to build its media presence through
government-directed disinformation, misinformation, or
information warfare campaigns in Latin America and the
Caribbean, including attempts to influence electoral
outcomes, realize military objectives, or destabilize
governments.
(3) An assessment of--
(A) the specific objectives that the Government of
the Russian Federation seeks to achieve by expanding
its presence and influence in Latin America and the
Caribbean, including any objectives articulated in
official documents or statements;
(B) the degree to which the Government of the
Russian Federation uses its presence and influence in
Latin America and the Caribbean to encourage, pressure,
or coerce governments in the region to support its
defense and national security goals, including policy
positions taken by the Government of the Russian
Federation at international institutions;
(C) how the Russian Federation uses multilateral
organizations, in particular the Community of Latin
American and Caribbean States (CELAC), a regional
organization that excludes the United States, to expand
its presence and influence in Latin America and the
Caribbean; and
(D) the specific actions and activities undertaken
by the Government of the Russian Federation in Latin
America and the Caribbean that present the greatest
threats or challenges to the United States' defense and
national security interests in the region.
(4) Any other matters the Secretary of State determines is
appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form without any designation relating to dissemination
control, but may include a classified annex. The report and its
classified annex shall be prepared consistent with the protection of
intelligence sources and methods.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate and the Committee on
Foreign Affairs and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1236. EXPANSION OF COOPERATION AND TRAINING WITH UKRAINE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated $100,000,000 to build the capacity of foreign security
forces pursuant to relevant authorities under title 10, United States
Code. Amounts so authorized shall be made available to provide
assistance to Ukrainian military pilots and associated persons for the
following purposes:
(1) Training and familiarity building with United States
fixed-wing aircraft and other air platforms as appropriate for
air-to-air and air-to-ground combat.
(2) Training on the use of munitions sets determined
appropriate by the Secretary of Defense.
(3) Establishing a rapport between the Armed Forces of the
United States and the armed forces of Ukraine to build
partnerships for the future.
(4) Enhancement of capabilities for aerial combat
operations.
(5) Focusing on the ability of Ukraine to teach current and
future pilots on fixed-wing aircraft and other air platforms in
Ukraine and elsewhere, especially during the ongoing Russian
invasion of Ukraine.
(6) Fostering a better understanding of the air platforms,
tactics, and techniques of the United States and other member
countries of the North Atlantic Treaty Organization.
(b) Notice to Congress.--Not later than 15 days before providing
assistance or support using amounts made available pursuant to the
authorization under subsection (a), the Secretary of Defense shall
submit to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives a
notification containing the following elements:
(1) A detailed description of the assistance or support to
be provided, including--
(A) the objectives of such assistance or support.
(B) the budget for such assistance or support; and
(C) the expected or estimated timeline for delivery
of such assistance or support.
(2) A description of such other matters as the Secretary
considers appropriate.
(c) 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, Air Force, Flying Hour
Program, Line 080, as specified in the corresponding funding table in
section 4301, is hereby reduced by $100,000,000.
SEC. 1237. STATEMENT OF POLICY.
It is the policy of the United States that the NATO-Russia Founding
Act, signed May 27, 1997, in Paris, does not constrain the deployment
of United States or NATO forces in any way.
SEC. 1238. REPORT ON DEPARTMENT OF DEFENSE PLAN FOR RESPONDING TO
RUSSIA'S INVASION OF UKRAINE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 6 months thereafter, 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 Department of Defense plan for responding to
Russia's invasion of Ukraine, initiated on February 24, 2022.
(b) Matters to Be Included.--The report required by subsection (a)
shall include--
(1) military assistance provided to Ukraine by the
Department of Defense and the programs, operations, and
contracts to be carried out under the plan described in
subsection (a); and
(2) both the short-term (the next 6 months) and long-term
(the next 12 months) strategic outlook or plan with respect to
such programs, operations, and contracts.
SEC. 1239. PROHIBITION ON RUSSIAN PARTICIPATION IN THE G7.
(a) Statement of Policy.--It is the policy of the United States to
exclude the Russian Federation from the Group of Seven or reconstitute
a Group of Eight that includes the Russian Federation.
(b) Limitation.--Notwithstanding any other provision of law, no
Federal funds are authorized to be appropriated or otherwise made
available to take any action to support or facilitate--
(1) the participation of the Russian Federation in a Group
of Seven proceeding; or
(2) the reconstitution of a Group of Eight that includes
the Russian Federation.
SEC. 1240. 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. 1241. TASK FORCE TO TRACK SECURITY ASSISTANCE TO UKRAINE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the President shall submit to the congressional
defense committees a report on best practices for creating a Task Force
or Working Group to determine how to track and monitor United States
defense articles and defense services made available to Ukraine. Such
report shall also identify gaps or needs for greater research
investment in developing predictive modeling that can forecast the
movement of weapons, to be used for weapons tracking in Ukraine and in
future conflicts where the United States provides security assistance.
(b) Implementation.--Not later than 180 days after the date of the
submission of the report required by subsection (a), the best practices
and recommendations identified in such report shall be implemented.
(c) Update.--The President shall provide to the congressional
defense committees quarterly updates on the progress of implementation
in accordance with subsection (b).
SEC. 1242. REPORT ON RISK OF NUCLEAR WAR IN UKRAINE.
(a) In General.--The Secretary of Defense Department shall provide
Congress with a risk assessment on the likelihood of the use of a
nuclear weapon as a result of the Russian invasion of Ukraine and
whether and by how much this risk increases the longer that the war
continues.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
SEC. 1243. REPORT ON DISTRIBUTION AND USE OF WEAPONS IN UKRAINE.
(a) In General.--The Secretary of Defense shall submit a report to
Congress describing--
(1) the distribution and use of United States weaponry
provided to the Ukrainian military including compliance with
United States law, including those prohibiting such weaponry
from being provided to extremist groups; and
(2) any efforts underway to prevent the illicit
distribution or use of such weapons and the effectiveness of
any such efforts.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
SEC. 1244. REPORT FROM COUNCIL OF THE INSPECTORS GENERAL ON UKRAINE.
Not later than September 1, 2024, the Chairperson of the Council of
the Inspectors General on Integrity and Efficiency shall 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 on the oversight infrastructure established with
respect to United States assistance to Ukraine, that also includes the
following:
(1) the structure the Federal Government is currently using
or plans to adopt (including the specific agencies charged) to
oversee the expenditure of assistance to Ukraine;
(2) whether that oversight structure is best suited to
conduct such oversight;
(3) whether there are any gaps in oversight over the
expenditure of funds for assistance to Ukraine;
(4) whether the agencies identified pursuant to paragraph
(1) are positioned to be able to accurately oversee and track
United States assistance to Ukraine over the long term; and
(5) the lessons learned from the manner in which oversight
over expenditures of assistance to Ukraine has been conducted.
Subtitle E--Matters Relating to Europe and NATO
SEC. 1261. SENSE OF CONGRESS ON UNITED STATES DEFENSE POSTURE IN EUROPE
FOLLOWING THE FURTHER INVASION OF UKRAINE.
It is the sense of Congress as follows:
(1) The further invasion of Ukraine presents a sea change
to the security environment in Europe that requires a long-term
shift in the force posture of the United States and its allies,
in order to ensure the maintenance of collective deterrence. As
General Milley, Chairman of the Joint Chiefs, recently noted,
``We are witness to the greatest threat to peace and security
of Europe and perhaps the world in my 42 years of service in
uniform. The Russian invasion of Ukraine is threatening to
undermine not only European peace and stability but global
peace and stability. * * * We are at a pivot point in the
geostrategic history of Europe and perhaps the globe.''.
(2) Adjustments to force posture in Europe must be
commensurate to this challenge. Alongside allied investments,
it is necessary for the United States to alter its force
posture to establish additional permanently stationed and
continuous rotational forces along Europe's eastern flank.
Given the current conditions, it would be untenable for the
United States to seek to revert to United States force levels
and positioning present in Europe before Russia's further
invasion of Ukraine, to rely solely on allied forces for
further force posture enhancements, or adopt a path to
transition away from investments in Europe through the European
Deterrence Initiative (EDI), except for exceptional cases.
(3) As General Tod Wolters, Commander of U.S. European
Command, has stated, investments made through EDI since 2014
have proved essential to the United States ability to respond
to the Ukraine crisis, deploying units in 5 days that would
have taken as long as 21 days. General Wolters further stated,
``To take an Armored Brigade Combat Team and launch it from the
continental United States, and put it on European turf, and
have the tanks that comprise that Brigade Combat Team to shoot,
move, and communicate and fire on range in one week is an
amazing accomplishment. And that was facilitated by those Army
Prepositioned Stocks and it was practiced in previous exercises
which are part of the EDI fund. I would just say that when we
demonstrated to the European community, and to the NATO
community, and to the world how well we can shoot, move, and
communicate and transition a large force from CONUS to Europe
at that pace, it's something that demonstrates the great value
of EDI.''.
(4) Past decisions made by the Department of Defense and
Congress about prepositioned stocks, mobility, and funding for
EDI led directly to this ability to quickly reinforce the area
of operations in this crisis, and EDI investments will be
crucial for adaptation to the new European security
environment. The Department of Defense should continue to
strongly support EDI investments with a focus on adapting
deterrence to the new security environment and incorporating
lessons learned from the conflict in Ukraine, and it should not
seek a path to EDI's sunset.
(5) The United States recognizes that strong alliances and
partnerships are crucial to the maintenance of United States
national and global security. The NATO alliance has grown more
robust and more united in response to Russia's aggression in
Ukraine. Members of NATO have announced substantial changes in
their defense commitments, adopting measures to meet and exceed
their Wales Pledge commitments to spend 2 percent of Gross
Domestic Product on defense and increasing commitments to NATO
battle group and air policing missions, while sending vital
defense assistance to Ukraine. Congress commends such members
of NATO for their adoption and sustainment of these efforts.
Such commitments are vital to the long-term effort required to
maintain deterrence in the European theater. The United States
should continue to work with allies on complementary
investments to establish in Europe a mature, fully integrated
deterrence platform capable of responding to the expanded
threat of Russian aggression and supporting NATO allies'
ongoing efforts to collectively resist direct and hybrid
threats to shared values, interests, and ideals.
(6) The United States should also redouble efforts to
assist NATO allies, particularly on Europe's eastern periphery,
in modernizing and integrating their defense capabilities
taking into account lessons from Russia's war in Ukraine,
including efforts to provide artillery, MLRS, MANPADS, air
defenses, and other capabilities.
(7) As it reinforces deterrence, the United States should
recognize the acute risks now facing allies on Russia's
periphery and pursue national security investments and
strategies commensurate to the challenge, including additional
EDI programs, in the Black Sea, the Baltics, the Arctic, and
Central Europe, in order to maintain the credibility of the
``sacred obligation under Article 5 of the North Atlantic
Treaty to defend every inch of NATO territory.''.
(8) Likewise, the United States should keep in mind the
particularly significant challenges posed to non-NATO European
partners and seek security strategies to continue cooperation
and support their sovereign rights, while also pursuing
security policies that support stability in areas of
substantial malign effort such as the Western Balkans.
(9) The United States continues to recognize the importance
of the long-term Baltic Security Initiative assistance plan
that the Department of Defense is carrying out under section
333 of title 10, United States Code, and the crucial role that
such investments play in deterring Russian aggression in that
region.
SEC. 1262. SENSE OF CONGRESS ON NATO MEMBERSHIP FOR FINLAND AND SWEDEN.
It is the sense of Congress that the United States strongly
supports membership for Finland and Sweden in the North Atlantic Treaty
Organization (NATO).
SEC. 1263. MATTERS RELATING TO CLIMATE CHANGE AT NATO.
The President shall direct the United States Permanent
Representative to the North Atlantic Treaty Organization (NATO) to--
(1) advocate for adequate resources towards understanding
and communicating the threat posed by climate change to allied
civil security (specifically for the climate action and
resilience agendas);
(2) support the establishment of a NATO Center of
Excellence for Climate and Security;
(3) advocate for an in-depth critical assessment of NATO's
vulnerability to the impacts of climate change, building upon
the Secretary General's 2022 climate change and security impact
assessment, that evaluates and analyzes NATO's resilience in
responding to the threat climate change will pose on migration,
food insecurity, and housing insecurity; and
(4) communicate the core security challenge posed by
climate change as articulated in NATO's strategic concept.
SEC. 1264. BALTIC REASSURANCE ACT.
(a) Findings.--Congress finds the following:
(1) The Russian Federation seeks to diminish the North
Atlantic Treaty Organization (NATO) and recreate its sphere of
influence in Europe using coercion, intimidation, and outright
aggression.
(2) Deterring the Russian Federation from such aggression
is vital for transatlantic security.
(3) The illegal occupation of Crimea by the Russian
Federation and its continued engagement of destabilizing and
subversive activities against independent and free states is of
increasing concern.
(4) The Russian Federation also continues to disregard
treaties, international laws and rights to freedom of
navigation, territorial integrity, and sovereign international
borders.
(5) The Russian Federation's continued occupation of
Georgian and Ukrainian territories and the sustained military
buildup in the Russian Federation's Western Military District
and Kaliningrad has threatened continental peace and stability.
(6) The Baltic countries of Estonia, Latvia, and Lithuania
are particularly vulnerable to an increasingly aggressive and
subversive Russian Federation.
(7) In a declaration to celebrate 100 years of independence
of Estonia, Latvia, and Lithuania issued on April 3, 2018, the
Trump Administration reaffirmed United States commitments to
these Baltic countries to ``improve military readiness and
capabilities through sustained security assistance'' and
``explore new ideas and opportunities, including air defense,
bilaterally and in NATO, to enhance deterrence across the
region''.
(8) These highly valued NATO allies of the United States
have repeatedly demonstrated their commitment to advancing
mutual interests as well as those of the NATO alliance.
(9) The Baltic countries also continue to participate in
United States-led exercises to further promote coordination,
cooperation, and interoperability among allies and partner
countries, and continue to demonstrate their reliability and
commitment to provide for their own defense.
(10) Lithuania, Latvia, and Estonia each hosts a respected
NATO Center of Excellence that provides expertise to educate
and promote NATO allies and partners in areas of vital interest
to the alliance.
(11) United States support and commitment to allies across
Europe has been a lynchpin for peace and security on the
continent for over 70 years.
(b) Sense of Congress.--It is the sense of Congress as follows:
(1) The United States is committed to the security of the
Baltic countries and should strengthen cooperation and support
capacity-building initiatives aimed at improving the defense
and security of such countries.
(2) The United States should lead a multilateral effort to
develop a strategy to deepen joint capabilities with Lithuania,
Latvia, Estonia, NATO allies, and other regional partners, to
deter against aggression from the Russian Federation in the
Baltic region, specifically in areas that would strengthen
interoperability, joint capabilities, and military readiness
necessary for Baltic countries to strengthen their national
resilience.
(3) The United States should explore the feasibility of
providing long range, mobile air defense systems in the Baltic
region, including through leveraging cost-sharing mechanisms
and multilateral deployment with NATO allies to reduce
financial burdens on host countries.
(c) Defense Assessment.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with appropriate counterparts of Lithuania,
Latvia, Estonia, North Atlantic Treaty Organization (NATO)
allies, and other regional partners, conduct a comprehensive,
multilateral assessment of the military requirements of such
countries to deter and resist aggression by the Russian
Federation that--
(A) provides an assessment of past and current
initiatives to improve the efficiency, effectiveness,
readiness, and interoperability of Lithuania, Latvia,
and Estonia's national defense capabilities; and
(B) assesses the manner in which to meet those
objectives, including future resource requirements and
recommendations, by undertaking activities in the
following areas:
(i) Activities to increase the rotational
and forward presence, improve the capabilities,
and enhance the posture and response readiness
of the United States or forces of NATO in the
Baltic region.
(ii) Activities to improve air defense
systems, including modern air-surveillance
capabilities.
(iii) Activities to improve counter-
unmanned aerial system capabilities.
(iv) Activities to improve command and
control capabilities through increasing
communications, technology, and intelligence
capacity and coordination, including secure and
hardened communications.
(v) Activities to improve intelligence,
surveillance, and reconnaissance capabilities.
(vi) Activities to enhance maritime domain
awareness.
(vii) Activities to improve military and
defense infrastructure, logistics, and access,
particularly transport of military supplies and
equipment.
(viii) Investments to ammunition stocks and
storage.
(ix) Activities and training to enhance
cyber security and electronic warfare
capabilities.
(x) Bilateral and multilateral training and
exercises.
(xi) New and existing cost-sharing
mechanisms with United States and NATO allies
to reduce financial burden.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report that includes
each of the following:
(A) A report on the findings of the assessment
conducted pursuant to subsection (a).
(B) A list of any recommendations resulting from
such assessment.
(C) An assessment of the resource requirements to
achieve the objectives described in subsection (a)(1)
with respect to the national defense capability of
Baltic countries, including potential investments by
host countries.
(D) A plan for the United States to use appropriate
security cooperation authorities or other authorities
to--
(i) facilitate relevant recommendations
included in the list described in paragraph
(2);
(ii) expand joint training between the
Armed Forces and the military of Lithuania,
Latvia, or Estonia, including with the
participation of other NATO allies; and
(iii) support United States foreign
military sales and other equipment transfers to
Baltic countries especially for the activities
described in subparagraphs (A) through (I) of
subsection (a)(2).
(d) Congressional Defense Committees Defined.--For purposes of this
section, the term ``congressional defense committees'' includes--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
SEC. 1265. REPORT ON EFFORTS OF NATO TO COUNTER MISINFORMATION AND
DISINFORMATION.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the congressional committees
specified in subsection (b) a report on efforts of the North Atlantic
Treaty Organization (NATO) and NATO member states to counter
misinformation and disinformation.
(b) Congressional Committees Specified.--The congressional
committees specified in this subsection are 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.
(c) Elements.--The report required by subsection (a) shall--
(1) assess--
(A) vulnerabilities of NATO member states and NATO
to misinformation and disinformation and describe
efforts to counter such activities;
(B) the capacity and efforts of NATO member states
and NATO to counter misinformation and disinformation,
including United States cooperation with other NATO
members states; and
(C) misinformation and disinformation campaigns
carried out by authoritarian states, particularly
Russia and China; and
(2) include recommendations to counter misinformation and
disinformation.
SEC. 1266. IMPROVEMENTS TO THE NATO STRATEGIC COMMUNICATIONS CENTER OF
EXCELLENCE.
(a) Prioritization.--The Secretary of Defense shall seek to
prioritize funding through NATO's common budget to--
(1) enhance the capability, cooperation, and information
sharing among NATO, NATO member countries, and partners, with
respect to strategic communications and information operations;
and
(2) facilitate education, research and development, lessons
learned, and consultation in strategic communications and
information operations.
(b) Certification.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall certify to the
appropriate congressional committees that the Secretary has assigned
executive agent responsibility for the Center to an appropriate
organization within the Department of Defense, and detail the steps
being under taken to strengthen the role of Center in fostering
strategic communications and information operations within NATO.
(c) Report Required.--Not later than 1 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 appropriate congressional
committees a report outlining--
(1) the recommendations of the Secretary with respect to
improving strategic communications within NATO; and
(2) the recommendations of the Secretary with respect to
strengthening the role of the Center in fostering strategic
communications and information operations within NATO.
(d) Briefings Required.--The Secretary of Defense shall brief the
appropriate congressional committees on a biannual basis on--
(1) the efforts of the Department of Defense to strengthen
the role of the Center in fostering strategic communications
and information operations within NATO;
(2) how the Department of Defense is working with the NATO
Strategic Communications Center of Excellence and the
interagency to improve NATO's ability to counter and mitigate
disinformation, active measures, propaganda, and denial and
deception activities of Russia and China; and
(3) how the Department of Defense is developing ways to
improve strategic communications within NATO, including by
enhancing the capacity of and coordination with the NATO
Strategic Communications Center of Excellence.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1267. SENSE OF CONGRESS ON ENHANCING STRATEGIC PARTNERSHIP,
DEFENSE AND SECURITY COOPERATION WITH GEORGIA.
(a) Findings.--Congress finds the following:
(1) Georgia is a valued friend and strategic partner of the
United States and a NATO aspirant that has consistently sought
to advance shared values and mutual interests to include
deploying alongside United States forces in Iraq and
Afghanistan.
(2) Over the past 30 years of partnership, the United
States has contributed to strengthening Georgia's progress on
the path of European and Euro-Atlantic integration.
(3) Security in the Black Sea region is a matter of
strategic importance for the United States, especially amid
Russia's unprovoked and unjustified war on Ukraine. Enhancing
Georgia's self-defense and whole-of-government resistance and
resilience capacity is critical for Euro-Atlantic security, the
United States's national security objectives and strategic
interests in the Black Sea region.
(4) Georgia is a significant economic, energy transit, and
international trade hub. Georgia is an integral part of the
East-West corridor that is vital to European energy security
and diversification of strategic supply-chain routes for the
United States and Europe.
(5) Continuous illegal occupation of two Georgian regions
by Russia, its accelerated attempts of de-facto annexation of
both regions and hybrid warfare tactics including political
interference, cyber-attacks, and disinformation and propaganda
campaigns pose immediate challenges to the national security of
Georgia and the security of Europe.
(b) Sense of Congress.--It is the sense of Congress that the United
States should--
(1) reaffirm support and take steps to enhance and deepen
the steadfast strategic partnership in all priority areas of
the 2009 United States--Georgia Charter on Strategic
Partnership and in line with the 2016 Memorandum of
Understanding on Deepening the Defense and Security Partnership
between the United States and Georgia;
(2) continue firm support to Georgia's sovereignty and
territorial integrity within its internationally recognized
borders;
(3) intensify efforts towards de-occupation of Georgia's
territories and peaceful resolution of Russia-Georgia conflict,
including through consolidation of decisive international
action to ensure full and unconditional fulfilment by the
Russian Federation of its international obligations, inter alia
implementation of the EU-mediated 12 August 2008 Ceasefire
Agreement;
(4) continue strong support and meaningful participation in
the Geneva International Discussions for ensuring
implementation of the Ceasefire Agreement by the Russian
Federation and achieving lasting peace and security in Georgia;
(5) continue working to strengthen press freedom,
democratic institutions, and the rule of law in Georgia in
order to help secure its path of Euro-Atlantic integration and
aspirant NATO and EU membership;
(6) prioritize and deepen defense and security cooperation
with Georgia, including the full implementation and potential
acceleration of the Georgia Defense and Deterrence Enhancement
Initiative, increased military financing of Georgia's equipment
modernization plans to enhance Georgia's deterrence,
territorial defense, whole-of-government resistance and
resilience capacity, and to foster readiness and NATO
interoperability;
(7) support existing and new cooperation formats to bolster
cooperation among NATO, Georgia and Black Sea regional partners
to enhance Black Sea security especially in the changed
security environment including increasing the frequency, scale
and scope of exercises such as NATO Article 5 exercises and
assistance to Georgia's Defense Forces modernization efforts;
(8) enhance assistance to Georgia in the cyber domain
through training, education, and technical assistance to enable
Georgia to prevent, mitigate and respond to cyber threats; and
(9) continue support and assistance to Georgia in
countering Russian disinformation and propaganda campaigns
intended to undermine the sovereignty of Georgia, credibility
of its democratic institutions and European and Euro-Atlantic
integration.
SEC. 1268. REPORT ON IMPROVED DIPLOMATIC RELATIONS AND DEFENSE
RELATIONSHIP WITH ALBANIA.
(a) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' 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.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, jointly with the
Secretary of State, shall submit to the appropriate congressional
committees an assessment of the viability of military infrastructure in
Durres, Albania, and Vlore, Albania, as locations for cooperative
security activities, including NATO activities and exercises that
advance NATO and shared security objectives and enhance
interoperability. The report shall also include a description of--
(1) opportunities for the United States to support training
for Albania's military forces;
(2) the current status of such training activities with
Albania, including the level of progress toward
interoperability, absorption of assistance, ability to sustain
equipment provided, and other relevant factors that enhance
Albania's ability to contribute to NATO objectives and maritime
security; and
(3) a cost estimate for any potential U.S. investments and
activities.
SEC. 1269. RESTRICTION OF ENTITIES FROM USING FEDERAL FUNDS FROM
ENGAGING, ENTERING INTO, AND AWARDING PUBLIC WORKS
CONTRACTS.
(a) In General.--Chapter 33 of title 40, United States Code, is
amended by adding at the end the following:
``Sec. 3320. Restriction of entities from using Federal funds to
engage, enter into, and award public works contracts
``(a) In General.--Notwithstanding any other provision of law,
Federal funds may not be provided to any covered entity for any covered
public works project.
``(b) Requirements.--Any entity receiving funds for any covered
public works project shall be free from any obligations, influences, or
connections to any covered entity.
``(c) Exception.--This section shall only apply to projects that
are located in the United States.
``(d) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means any
entity that--
``(A) is headquartered in China;
``(B) is owned, directed, controlled, financed, or
influenced directly or indirectly by the Government of
the People's Republic of China, the CCP, or the Chinese
military, including any entity for which the Government
of the People's Republic of China, the CCP, or the
Chinese military have the ability, through ownership of
a majority or a dominant minority of the total
outstanding voting interest in an entity, board
representation, proxy voting, a special share,
contractual arrangements, formal or informal
arrangements to act in concert, or other means, to
determine, direct, or decide for an entity in an
important manner; or
``(C) is a parent, subsidiary, or affiliate of any
entity described in subparagraph (B).
``(2) Covered public works project.--The term `covered
public works project' means any project of the construction,
repair, renovation, or maintenance of public buildings,
structures, sewers, water works, roads, bridges, docks,
underpasses and viaducts, as well as any other improvement to
be constructed, repaired or renovated or maintained on public
property to be paid, in whole or in part, with public funds or
with financing to be retired with public funds in the form of
lease payments or otherwise.''.
(b) Clerical Amendment.--The analysis for chapter 33 of title 40,
United States Code, is amended by adding at the end the following:
``3320. Restriction of entities from using Federal funds to engage,
enter into, and award public works
contracts.''.
(c) Non-Federal Public Works.--Chapter 35 of title 40, United
States Code, is amended by adding at the end the following:
``Sec. 3506. Restriction of States and local governments from using
Federal funds to engage, enter into, and award public
works contracts
``(a) In General.--A State or local government receiving Federal
funds may not provide such funds to any covered entity for any covered
public works project.
``(b) Requirements.--A State or local government shall verify that
any entity receiving funds for any covered public works project is free
from any obligations, influences, or connections to any covered entity.
``(c) Exception.--This section shall only apply to projects that
are located in a State.
``(d) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means any
entity that--
``(A) is headquartered in China;
``(B) is owned, directed, controlled, financed, or
influenced directly or indirectly by the Government of
the People's Republic of China, the CCP, or the Chinese
military, including any entity for which the Government
of the People's Republic of China, the CCP, or the
Chinese military have the ability, through ownership of
a majority or a dominant minority of the total
outstanding voting interest in an entity, board
representation, proxy voting, a special share,
contractual arrangements, formal or informal
arrangements to act in concert, or other means, to
determine, direct, or decide for an entity in an
important manner; or
``(C) is a parent, subsidiary, or affiliate of any
entity described in subparagraph (B).
``(2) Covered public works project.--The term `covered
public works project' means any project of the construction,
repair, renovation, or maintenance of public buildings,
structures, sewers, water works, roads, bridges, docks,
underpasses and viaducts, as well as any other improvement to
be constructed, repaired or renovated or maintained on public
property to be paid, in whole or in part, with public funds or
with financing to be retired with public funds in the form of
lease payments or otherwise.''.
(d) Clerical Amendment.--The analysis for chapter 35 of title 40,
United States Code, is amended by adding at the end the following:
``3506. Restriction of States and local governments from using Federal
funds to engage, enter into, and award
public works contracts.''.
(e) Updating Regulations.--The Federal Acquisition Regulation and
the Defense Federal Acquisition Regulation shall be revised to
implement the provisions of this Act.
(f) Rule of Applicability.--The amendments made by this section
shall take effect, and shall apply to projects beginning on or after,
180 days after the date of enactment of this Act.
SEC. 1270. MODIFICATION TO UNITED STATES MEMBERSHIP IN
INTERPARLIAMENTARY GROUP.
Section 1316(b) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2001) is amended to read
as follows:
``(b) Membership.--The Cyprus, Greece, Israel, and the United
States 3+1 Interparliamentary Group shall include a group, to be known
as the `United States group', that consists of--
``(1) not more than 6 United States Senators, who shall be
appointed jointly by the majority leader and the minority
leader of the Senate; and
``(2) not more than 6 Members of the United States House of
Representatives, who shall be appointed jointly by the Speaker
and minority leader of the House of Representatives.''.
SEC. 1271. LIMITATION ON TRANSFER OF F-16 AIRCRAFT.
The President may not sell or authorize a license for the export of
new F-16 aircraft or F-16 upgrade technology or modernization kits
pursuant to any authority provided by the Arms Export Control Act (22
U.S.C. 2751 et seq.) to the Government of Turkey, or to any agency or
instrumentality of Turkey unless the President provides to the
Committee on Foreign Relations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the congressional defense
committees a certification--
(1) that such transfer is in the national interest of the
United States; and
(2) that includes a detailed description of concrete steps
taken to ensure that such F-16s are not used by Turkey for
repeated unauthorized territorial overflights of Greece.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to the Indo-Pacific Region
SEC. 1301. 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 (B)--
(i) by striking ``A summary'' and inserting
``a summary''; and
(ii) by striking ``; and'' at the end and
inserting a semicolon;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) the doctrine, capabilities, organization, and
operational employment of the People's Liberation Army
special operations forces.''.
(2) In paragraph (8), by adding at the end the following
new subparagraph:
``(F) Special operations capabilities.''.
(3) By redesignating paragraph (14) as paragraph (15).
(4) By inserting after paragraph (13) the following:
``(14) An analysis of the activities of the People's
Republic of China in the Pacific Islands region.''.
SEC. 1302. SENSE OF CONGRESS ON SOUTH KOREA.
It is the sense of Congress that--
(1) South Korea continues to be a critical ally of the
United States;
(2) the presence of United States Armed Forces in South
Korea serves as a strong deterrent against North Korean
military aggression and as a critical support platform for
national security engagements in the Indo-Pacific region;
(3) the presence of approximately 28,500 members of the
United States Armed Forces deployed to South Korea serves not
only as a stabilizing force to the Korean peninsula but also as
a reassurance to all our allies in the region; and
(4) the United States should continue to--
(A) maintain and strengthen its bilateral
relationship with South Korea and with other regional
allies such as Japan; and
(B) maintain its existing robust military presence
in South Korea to deter aggression against the United
States and its allies and partners.
SEC. 1303. 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 a sufficient self-defense
capability, 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 the
asymmetric defense strategy of Taiwan, including anti-
ship, coastal defense, anti-armor, air defense,
undersea warfare, advanced command, control,
communications, computers, intelligence, surveillance,
and reconnaissance, and resilient command and control
capabilities;
(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 a
sufficient self- defense capability, 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) identifying improvements in Taiwan's ability to
use asymmetric military capabilities to enhance its
defensive capabilities, as described in the Taiwan
Relations Act; and
(F) expanding cooperation in humanitarian
assistance and disaster relief; and
(6) the United States should be committed to the defense of
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.
SEC. 1304. SENSE OF CONGRESS AND REPORT ON UNITED STATES SECURITY
COOPERATION WITH INDIA.
(a) Sense of Congress.--It is the sense of Congress that the United
States--
(1) should build upon the 2016 designation of India as a
Major Defense Partner of the United States by seeking to
improve interoperability and actively looking for opportunities
for joint military exercises; and
(2) should strengthen security cooperation with India in
the Indian Ocean by--
(A) conducting high-end exercises and increasing
joint training exercises;
(B) expanding the geographic scope of joint
military activities between relevant United States
commands and the Indian military in the Western Indian
Ocean; and
(C) expanding military training programs and
exercises, including humanitarian assistance and
disaster relief exercises.
(b) Report Required.--Not later than March 1, 2023, the Under
Secretary of Defense for Policy, in coordination with the Commander of
United States Indo-Pacific Command and the Director of the Defense
Security Cooperation Agency, shall 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 regarding--
(1) opportunities for deeper defense cooperation with
India;
(2) the defense relationship between the Russian Federation
and India;
(3) the defense relationship between the People's Republic
of China and India; and
(4) the defense relationship between the United States,
Australia, Japan, and India.
SEC. 1305. MODIFICATION TO REPORT ON RESOURCING UNITED STATES DEFENSE
REQUIREMENTS FOR THE INDO-PACIFIC REGION AND REPORT ON
ENHANCING DEFENSE COOPERATION WITH ALLIES AND PARTNERS IN
THE INDO-PACIFIC.
(a) In General.--Section 1251 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended in subsection (d)(1)(B) by amending clause (v) to
read as follows:
``(v) An assessment of security cooperation
authorities, activities, or resources required
to achieve such objectives.''.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Commander of United States Indo-Pacific
Command shall submit to the appropriate congressional committees a
report on the feasibility and advisability of enhancing defense
cooperation with allies and partners in the Indo-Pacific region that
includes the following:
(1) A description of relevant cooperation between key
allies and leading partners in the Indo-Pacific region and the
United States during the preceding calendar year, including
mutual visits, exercises, training, and equipment
opportunities.
(2) An evaluation of the feasibility of enhancing
cooperation between key allies and leading partners in the
Indo-Pacific region on a range of activities, including--
(A) interoperability and coordination;
(B) disaster and emergency response;
(C) enhancing maritime domain awareness and
maritime security;
(D) cyber defense and communications security;
(E) military medical cooperation;
(F) virtual combined exercises and training
activities;
(G) advancing programs for United States military
advisors to assist in training the active and reserve
components of key allies and leading partners in the
Indo-Pacific region; and
(H) expanding the activities of the National Guard
in the Indo-Pacific region.
(3) Any other matters the Commander of United States Indo-
Pacific Command considers appropriate.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs of the House of
Representatives; and
(3) the Committee on Foreign Relations of the Senate.
SEC. 1306. REPORT ON SUPPORT AND SUSTAINMENT FOR CRITICAL CAPABILITIES
IN THE AREA OF RESPONSIBILITY OF THE UNITED STATES INDO-
PACIFIC COMMAND NECESSARY TO MEET OPERATIONAL
REQUIREMENTS IN CERTAIN CONFLICTS WITH STRATEGIC
COMPETITORS.
(a) Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Commander of the United States
Indo-Pacific Command, in consultation with the Commander of the
United States Transportation Command, the Director of the
Defense Logistics Agency, and other Federal officials that the
Commander of United States Indo-Pacific Command determines to
be appropriate, shall submit to the appropriate congressional
committees a report that describes the support and sustainment
for critical capabilities in the area of responsibility of the
United States Indo-Pacific Command that are necessary to meet
operational requirements in a conflict with a strategic
competitor of a duration that exceeds 6 months.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) An assessment of the posture and capabilities
of the current strategic force laydown of the United
States Indo-Pacific Command, including capabilities
such as--
(i) command, control, communications,
computers, cyber, intelligence, surveillance,
and reconnaissance (commonly referred to as
``C5ISR'') assets;
(ii) surface, subsurface, land, air, and
space disposition and capabilities;
(iii) strategic long-range precision fires,
missile defense, and anti-air capabilities;
(iv) force protection of assets and
critical infrastructure;
(v) logistics and sustainment capabilities,
including positioning, quantity, and
distribution of fuels; and
(vi) munitions required to meet operational
requirements.
(B) A detailed assessment of any gaps in the
required capabilities described in subparagraph (A)
relative to the requirements of the United States Indo-
Pacific Command in both steady state and in such a
conflict with a strategic competitor, including gaps in
any capabilities described in the report required by
section 1251(d) of the National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283).
(C) An assessment of measures required to mitigate
the gaps described in subparagraph (B) before December
31, 2025. The assessment shall include associated costs
with enhancing United States, allied, and partner
military posture, basing, and sustainment
infrastructure in the area of responsibility of the
United States Indo-Pacific Command to best meet the
operational requirements described in subparagraph (A),
including in States, territories, and possessions of
the United States and regional allies and partners.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate; and
(2) the term ``strategic competitor'' means a country
labeled as a strategic competitor in the ``Summary of the 2018
National Defense Strategy of the United States of America:
Sharpening the American Military's Competitive Edge'', issued
by the Department of Defense pursuant to section 113 of title
10, United States Code.
SEC. 1307. MODIFICATION TO PACIFIC DETERRENCE INITIATIVE.
Section 1251(d) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3951) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Subsequent report.--Not later than 15 days after the
submission of the report required by paragraph (1) for fiscal
year 2024, the Commander of the United States Indo-Pacific
Command shall submit to the congressional defense committees a
subsequent report containing a comparison of the specific cost
estimates required by items (aa) through (ff) of paragraph
(1)(B)(vi)(II) to the funding provided in the budget of the
President (submitted to Congress pursuant to section 1105 of
title 31, United States Code) for such items for such fiscal
year.''.
SEC. 1308. SEIZE THE INITIATIVE.
(a) In General.--There shall be established in the Department of
Defense an initiative, to be known as the ``Seize The Initiative Fund''
(referred to in this section as the ``Fund''), for the use of the
Commander of United States Indo-Pacific Command to increase the ability
of covered Armed Forces to respond to contingencies in the Indo-
Pacific.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000,000 for the Department of Defense for fiscal
year 2023 for the allowable uses described in subsection (c).
(c) Allowable Uses.--The funds authorized to be appropriated by
this section shall be used by the Commander of United States Indo-
Pacific Command, in consultation with the Secretary of Defense and the
Secretaries of the military departments, for the following purposes:
(1) Activities to increase the presence of covered Armed
Forces west of the international dateline in the United States
Indo-Pacific Command area of responsibility.
(2) Activities to improve infrastructure to enhance the
responsiveness of covered Armed Forces west of the
international dateline in the United States Indo-Pacific
Command area of responsibility.
(3) Activities to enhance prepositioning in the United
States Indo-Pacific Command area of responsibility of equipment
of covered Armed Forces.
(4) Activities to enhance contingency response in the
United States Indo-Pacific Command area of responsibility.
(d) Initial Plan Required.--The Commander of United States Indo-
Pacific Command shall, within 180 days of the enactment of this act,
provide the congressional defense committees with a plan to use funds
authorized pursuant to this section. Such plan, to the extent
practicable, shall be consistent with other plans required to be
produced by the Commander of United States Indo-Pacific Command,
including under section 1242 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1978).
(e) Covered Armed Forces.--In this section, the term ``covered
Armed Force'' means the following forces of the United States:
(1) The Army.
(2) The Navy.
(3) The Marine Corps.
(4) The Air Force.
(5) The Space Force.
SEC. 1309. MODIFICATION TO CHINA MILITARY POWER REPORT.
Section 1202(b)(7)(B) of the National Defense Authorization Act for
Fiscal Year 2000 (10 U.S.C. 113 note) 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 Middle East and North Africa,
especially with respect to Iran and China's
relationship with Iranian proxies such as
Hezbollah in Lebanon, the Houthis (``Ansar
Allah'') in Yemen, the Assad regime in Syria,
and Iranian-backed militias in Iraq;''.
SEC. 1310. MODIFICATIONS TO PUBLIC REPORTING OF CHINESE MILITARY
COMPANIES OPERATING IN THE UNITED STATES.
(a) In General.--Section 1260H(c) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021 (10
U.S.C. 113 note) is amended by adding at the end the following
sentence: ``The Secretary of Defense shall also consider information
related to a Chinese military company operating directly or indirectly
in the United States or any of its territories and possessions that is
provided jointly by the chairperson and ranking member of each of the
congressional defense committees in making such determinations.''.
(b) Determination Prompted by Joint Submission of Information.--
Section 1260H of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) (as amended) the
following:
``(d) Determination Required.--Not later than 30 days after
receiving information described in the second sentence of subsection
(c) with respect to an entity, the Secretary of Defense shall--
``(1) determine if that entity meets the criteria for
inclusion on the list required under subsection (b); and
``(2) submit an unclassified report, without any
designation relating to dissemination control, to the
chairperson and ranking member of the committee that provided
the information with respect to such determination, including
whether the Secretary intends to list such entity publicly.''.
SEC. 1311. 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 Office of 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
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) Involvement in the implementation of the
military-civil fusion strategy of China.
(B) Participation in the defense industrial base of
China.
(C) Affiliation 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) Relationship with any security, defense,
police, or within the Government of China or the
Chinese Communist Party.
(F) Any other factor the Secretary determines is
appropriate.
(b) Report.--
(1) Annual report.--Not later than September 30, 2023, and
annually thereafter for 5 years, the Secretary shall submit to
the appropriate congressional committees a list of each entity
identified pursuant to subsection (a) in classified and
unclassified forms, and shall include in such submission, as
applicable, an explanation of any entities deleted from such
list with respect to a prior list.
(2) Concurrent publication.--Concurrent with the submission
of each list described in paragraph (1), the Secretary shall
publish the unclassified portion of such list in the Federal
Register.
(3) Ongoing revisions.--The Secretary, in consultation with
the Office of the Director of National Intelligence, shall make
additions or deletions to the most recent list submitted under
paragraph (1) on an ongoing basis based on the latest
information available.
(4) Appropriate congressional committees defined.--In this
subsection, 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.
(c) People's Liberation Army Defined.--In this section, 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. 1312. SENSE OF CONGRESS ON INVITING TAIWAN TO THE RIM OF THE
PACIFIC EXERCISE.
It is the sense of Congress that the naval forces of Taiwan should
be invited to participate in the Rim of the Pacific exercise conducted
in 2024.
SEC. 1313. JOINT EXERCISES WITH TAIWAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) joint military exercises with Taiwan are an important
component of improving military readiness and joint operability
of both countries;
(2) the Commander of United States Indo-Pacific Command,
and other commands in the United States Indo-Pacific Command
area of responsibility, already possess the legal authority to
carry out such exercises; and
(3) the United States should better use existing
authorities to improve the readiness and joint operability of
United States and Taiwanese forces.
(b) Authority Recognized.--The Commander of United States Indo-
Pacific Command is authorized to carry out military exercises with
Taiwan that--
(1) include multiple warfare domains and make extensive use
of military common operations network used by United States,
allied, and Taiwanese forces;
(2) to the maximum extent practical, incorporate the
cooperation of 2 or more combatant and subordinate unified
commands; and
(3) present a complex military problem and include a force
presentation of a strategic competitor.
SEC. 1314. TAIWAN DEFENSE COOPERATION.
(a) Study.--Not later than April 1, 2023, the Secretary of Defense,
in consultation with the Joint Chiefs of Staff and the heads of such
other agencies as the Secretary determines appropriate, shall complete
a study on the feasibility of additional Department of Defense
resources necessary to facilitate increased military cooperation
between the United States and Taiwan.
(b) Elements.--The study required by subsection (a) shall assess
the following:
(1) A description of the military cooperation handled by
the Department of Defense between the United States and Taiwan
during the preceding calendar year, including arm sales, mutual
visits, exercises, and training.
(2) The additional manpower required to facilitate the arms
sales process to Taiwan and other matters as specified in
subsection (a).
(3) The overall cost and anticipated efficiency of such
additional resources.
(4) Such other matters as may be determined relevant by the
Secretary.
(c) Briefing.--Not later than April 1, 2023, the Secretary shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the findings of the study
under subsection (a), including with respect to each element specified
in subsection (b).
SEC. 1315. 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 ongoing genocide in China,
as determined by the Secretary of State on January 19,
2021, recognized and apologized for committing such
genocide, and engaged in a credible justice and
accountability process for all victims of such
genocide.''.
SEC. 1316. ADDITION TO NEXT ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING CHINA.
The Secretary of Defense shall include, in the next report
submitted on or before March 1, 2023, to fulfill the requirements under
section 1202 of the National Defense Authorization Act for Fiscal Year
2000 (10 U.S.C. 113 note), a robust analysis of developments in both
the Space Systems Department and the Network Systems Department of the
Strategic Support Force of China.
SEC. 1317. SENSE OF CONGRESS ON ENHANCING NATO EFFORTS TO COUNTER
MISINFORMATION AND DISINFORMATION.
It is the sense of Congress that the United States should--
(1) prioritize efforts to enhance the North Atlantic Treaty
Organization' (NATO's) capacity to counter misinformation and
disinformation;
(2) support an increase in NATO's human, financial, and
technological resources and capacity dedicated to understand,
respond to, and fight threats in the information space; and
(3) support building technological resilience to
misinformation and disinformation.
SEC. 1318. 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. 1319. 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 U.S. 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) Implement the Interim National Security Strategic
Guidance, or the most recent National Security Strategy, with
respect to the Indo-Pacific region.
(2) Implement the 2022 Indo-Pacific Strategy, or successor
documents, that set forth the U.S. Government strategy toward
the Indo-Pacific region.
(3) Implement the State-USAID Joint Strategic Plan with
respect to the Indo-Pacific region.
(4) Enhance meaningful diplomatic and economic relations
with allies and partners in the Indo-Pacific and demonstrate an
enduring U.S. commitment to the region.
(5) Secure and advance U.S. 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 U.S. diplomatic
personnel and facilities currently available in the Indo-
Pacific region to achieve the objectives outlined in subsection
(c), through consultation with U.S. 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 U.S. 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 U.S.
strategic messaging and spotlight coercive PRC behavior.
(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 the Committee on Foreign Affairs of the
House of Representatives; the Committee on Foreign Relations of
the Senate; the Subcommittee on State, Foreign Operations,
Related Programs of the Committee on Appropriations of the
House of Representatives; and the Subcommittee on State,
Foreign Operations, and Related Programs of the Committee on
Appropriations of the Senate.
(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. 1320. 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. 1321. REPORT ON PROVIDING ACCESS TO UNCENSORED MEDIA IN CHINA.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall provide to Congress a classified
report on what is needed to provide access to free and uncensored media
in the Chinese market.
Subtitle B--Other Matters Relating to Foreign Nations
SEC. 1331. SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE.
(a) Codification.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 127c a new section 127d
consisting of--
(A) a heading as follows:
``Sec. 127d. Support of special operations for irregular warfare''; and
(B) a text consisting of the text of subsections
(a) through (i) of section 1202 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 131 Stat. 1639).
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 127c the following new item:
``127d. Support of special operations for irregular warfare.''.
(b) Modification of Dollar Amount.--Section 127d of title 10,
United States Code, as so amended, is further amended in subsection (a)
by striking ``$15,000,000'' and inserting ``$25,000,000''.
(c) Conforming Repeal.--Section 1202 of the National Defense
Authorization Act for Fiscal Year 2018 is repealed.
SEC. 1332. PERMANENT EXTENSION OF AUTHORITY FOR CERTAIN PAYMENTS TO
REDRESS INJURY AND LOSS.
Section 1213(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2731 note) is amended by
striking ``During'' and all that follows through ``December 31, 2023,
not'' and inserting ``Not''.
SEC. 1333. EXTENSION OF UNITED STATES-ISRAEL COOPERATION TO COUNTER
UNMANNED AERIAL SYSTEMS.
Section 1278(f) of the National Defense Authorization Act, 2020
(Public Law 116-92; 133 Stat. 1702; 22 U.S.C. 8606 note) is amended by
striking ``December 31, 2024'' and inserting ``December 31, 2026''.
SEC. 1334. 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. 1335. MODIFICATION TO INITIATIVE TO SUPPORT PROTECTION OF NATIONAL
SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND
OTHER SECURITY THREATS.
(a) In General.--Clause (iii) of section 1286(c)(8)(A) of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019 (10
U.S.C. 2358 note; Public Law 115-232) is amended--
(1) in subclause (I), by striking ``or'' at the end; and
(2) by adding at the end the following:
``(III) to provide documented
support to a defense or an intelligence
agency of the applicable country; or''.
(b) Prohibition on Funds.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2023 or any subsequent fiscal year for the Department of
Defense for research, development, test, and evaluation may be
provided to an entity that maintains a contract between the
entity and a Chinese or Russian academic institution identified
on the list developed under section 1286(c)(8)(A) of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 by reason of meeting the requirements of clause (ii) or
(iii) (as amended by subsection (a)) of such section.
(2) Waiver.--The Secretary of Defense may waive the
prohibition on funds under this subsection with respect to an
entity if the Secretary determines that such a waiver is
appropriate.
SEC. 1336. ANNUAL REPORT ON ROLE OF ANTISEMITISIM IN VIOLENT EXTREMIST
MOVEMENTS.
(a) In General.--The Secretary of Defense, in coordination with the
Secretary of State and the Office of the Special Envoy To Monitor and
Combat Antisemitism, shall submit to the appropriate congressional
committees an annual report on--
(1) the rise in global antisemitism;
(2) the role of antisemitism in violent extremist
movements;
(3) the threat of global antisemitism to the United States
Armed Forces; and
(4) the threat of global antisemitism to United States
national security and interests.
(b) Form; Publication.--The report required by subsection (a) shall
be submitted in unclassified form, but may contain a classified annex.
The unclassified portion of such report shall be published on a
publicly available website of the Department of Defense.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs, of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1337. USE OF UNITED STATES-ORIGIN DEFENSE ARTICLES IN YEMEN.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Defense, shall develop specific guidance for investigating
any indications that United States-origin defense articles have been
used in Yemen by the Saudi-led coalition in substantial violation of
relevant agreements with countries participating in the coalition,
including for unauthorized purposes.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report on--
(A) the guidance developed pursuant to subsection
(a); and
(B) all current information on each of the
certification elements required by section 1290 of the
John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232).
(2) Form.--The report required by this subsection shall be
submitted in unclassified form, but may include a classified
annex if necessary.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
SEC. 1338. 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. 1339. 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 impact of such plan existing security
arrangements between Israel and Egypt.
SEC. 1340. COMPREHENSIVE STRATEGY TO COUNTER GRAY ZONE OPERATIONS AND
OTHER HYBRID WARFARE METHODS.
(a) In General.--The President shall develop and submit to the
appropriate congressional committees a comprehensive strategy to
counter gray zone operations and other hybrid warfare methods of
foreign adversaries and competitors and develop pro-active efforts to
put forth United States interests to counter such operations and
methods.
(b) Matters to Be Included.--The strategy required by subsection
(a) shall include--
(1) an identification of United States interests described
in such subsection; and
(2) a description of the means to achieve such interests.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 1341. STUDY ON DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION
ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE UNITED
STATES.
(a) In General.--The Secretary of Defense shall conduct a study on
the use and implementation of the authority of section 1210A of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1626), relating to Department of Defense support for
stabilization activities in national security interest of the United
States.
(b) Matters to Be Included.--The study required by subsection (a)
shall include the following:
(1) A review of the use and implementation of the authority
of section 1210A of the National Defense Authorization Act for
Fiscal Year 2020.
(2) An identification of the number of requests for support
made by the Department of State, the United States Agency for
International Development, and other Federal agencies pursuant
to such authority and number of such requests granted by the
Department of Defense.
(3) An identification of the total amount of support
provided by the Department of Defense pursuant to such requests
so granted.
(c) Report.--
(1) In general.--The Secretary of Defense shall submit to
the appropriate congressional committees a report that contains
the results of the study required by subsection (a).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) congressional defense committees; and
(B) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
SEC. 1342. REPORT ON AMERICAN INSTITUTE IN TAIWAN EFFORTS TO COMBAT
CERTAIN DISINFORMATION AND PROPAGANDA.
(a) Report.--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 (as appropriate), shall submit a report to the appropriate
Congressional Committees--
(1) on the efforts of the American Institute in Taiwan to
combat disinformation or propaganda perpetuated by the Chinese
Communist Party and People's Republic of China in regards to--
(A) United States commitment to Taiwan's self-
defense, pursuant to the Taiwan Relations Act;
(B) United States Foreign Military Sales to Taiwan;
and
(C) United States economic cooperation with Taiwan;
and
(2) that contains--
(A) an assessment of the effectiveness of the
efforts of the American Institute in Taiwan in
combating disinformation or propaganda perpetuated by
the Chinese Communist Party and People's Republic of
China; and
(B) recommendations on how to better combat such
disinformation or propaganda.
(b) Form.--The report required by subsection (a) 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--
(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. 1343. REPORT ON AZERBAIJAN.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the Secretary of
State, shall submit to Congress a report on the following:
(1) United States parts and technology discovered in
Turkish Bayraktar unmanned aerial vehicles deployed by
Azerbaijan against Nagorno Karabakh between September 27, 2020
and November 9, 2020, including an assessment of any potential
violations of United States arms export laws, sanctions
policies, or other provisions of United States law related to
the discovery of such parts and technology.
(2) Azerbaijan's use of white phosphorous, cluster bombs
and other prohibited munitions deployed by Azerbaijan against
Nagorno Karabakh between September 27, 2020, and November 9,
2020, including an assessment of any potential violations of
United States or international law related to the use of these
munitions.
(3) Turkey's and Azerbaijan's recruitment of foreign
terrorist fighters to participate in Azerbaijan's offensive
military operations against Nagorno Karabakh between September
27, 2020, and November 9, 2020, including an assessment of any
related potential violations of United States law, the
International Convention against the Recruitment, Use,
Financing and Training of Mercenaries, or other international
or multilateral treaties.
SEC. 1344. DEFENSE AND DIPLOMATIC STRATEGY FOR LIBYA.
(a) Report Required.--Not later than 240 days after the date of the
enactment of this Act and annually thereafter through 2027, the
Secretary of State, in concurrence with the Secretary of Defense, shall
submit to the appropriate congressional committees a report that
contains a description of the United States defense and diplomatic
strategy for Libya.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) An explanation of the defense and diplomatic strategy
for Libya, including a description of the ends, ways, and means
inherent to the strategy, the role of the Armed Forces in
supporting the strategy, and its integration with the U.S.
Strategy to Prevent Conflict and Promote Stability.
(2) An explanation of how the existing authorities and
available resources of the Department of Defense and the
Department of State are being utilized to support the strategy.
(3) A detailed description of Libyan and external security
actors and an assessment of how those actors advance or
undermine stability in Libya and United States strategic
interests in Libya, including United States interests in a
political settlement to the conflict in Libya.
(4) A detailed description of the military activities of
external actors in Libya, including assessments and detailed
analysis of situations in which those activities--
(A) have undermined progress towards stabilization
of Libya, including the United Nations-led
negotiations;
(B) involve United States-origin equipment and
violate contractual conditions of acceptable use of
such equipment; or
(C) violate or seek to violate the United Nations
arms embargo on Libya imposed pursuant to United
Nations Security Council Resolution 1970 (2011).
(5) An update on assessments relating to reopening the
United States Embassy in Libya, including any existing or
potential barriers to implementation, financial cost estimates,
security considerations, and possible timelines.
(6) An identification and assessment of the root causes of
migration through Libya into Europe, including--
(A) the extent to which such migratory trends
correlate to increased instances of human trafficking
and slavery, including actors attributed to such
behavior;
(B) an analysis of Libyan Government and
international efforts to reduce migration and prevent
human trafficking, slavery, and abuse of migrants'
human rights in Libya; and
(C) United States policy options to reduce flows of
migrants to and through Libya and to support the humane
treatment of migrants and their lawful departure from
Libya in cooperation with Libyan authorities, United
Nations entities, and partner governments.
(7) A plan for any potential stabilization operations
support for Libya, as a designated priority country under the
Global Fragility Act of 2019 (22 U.S.C. 9804), including--
(A) A detailed description of the stability and
threat environment in Libya and related stabilization
objectives, including the desired end-state for the
United States.
(B) Any potential limitations to existing resources
of either Department affecting the ability to support
stabilization operations in Libya.
(C) A detailed analysis of whether barriers exist
to the use of authorities pursuant to section 1210A of
the National Defense Authorization Act for Fiscal Year
2020 (133 Stat. 1626) to support United States
stabilization efforts in Libya, and any congressional
or departmental action that could reduce such barriers.
(D) An identification of interagency deployments in
Libya, including the rationale for such deployments and
plans for future interagency deployments.
(8) Any other matters the Secretary of Defense considers
appropriate.
(c) Form.--The report required by subsection (a) 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 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. 1345. REPEAL OF RESTRICTION ON FUNDING FOR THE PREPARATORY
COMMISSION FOR THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY
ORGANIZATION.
Section 1279E of the National Defense Authorization Act for Fiscal
Year 2018 (22 U.S.C. 287 note) is repealed.
SEC. 1346. SENSE OF CONGRESS REGARDING THE BOYCOTT OF CERTAIN COMPANIES
THAT CONTINUE TO OPERATE IN RUSSIA AND PROVIDE FINANCIAL
BENEFITS TO THE PUTIN REGIME.
(a) Findings.--Congress finds the following:
(1) On February 24, 2022, the Government of Russia, led by
Vladimir Putin, invaded the sovereign country of Ukraine under
the direction of the President of the Russian Federation
Vladimir Putin.
(2) On March 6, 2022, Secretary of State Antony Blinken
stated that the United States has seen credible reports of
Russia engaging in ``deliberate attacks on civilians, which
would constitute a war crime''.
(3) On March 16, 2022, Ukrainian President Zelenskyy urged
``All American companies must leave Russia * * * leave their
market immediately, because it is flooded with [Ukrainian]
blood''.
(4) In the same speech, President Zelenskyy called on
Congress to lead by pressuring companies ``who finance the
Russian military machine'' and conduct ``business in Russia''
and to ``make sure that the Russians do not receive a single
penny that they use to destroy people in Ukraine''.
(5) Jeffrey Sonnenfeld of the Yale School of Management has
compiled a list of some 1,000 companies which have withdrawn
permanently or temporarily from Russia.
(6) By refusing to reduce, cease, or withdraw operations in
Russia, these companies which have not withdrawn permanently or
temporarily from Russia contribute to undermining the sanctions
imposed by the United States and its allies that are intended
to deter further Russian aggression.
(7) A number of United States and multinational companies
that do business in Russia do not provide life-saving or
health-related goods and services to the Russian people and
contribute to Putin's ability to wage war in Ukraine and
continue to commit war crimes by providing revenue for the
Russian Government.
(b) Sense of Congress.--Congress--
(1) supports and encourages Americans who choose to
exercise their free speech rights by boycotting companies that
do not provide life-saving or health-related goods and services
to the Russian people yet continue to operate in Russia;
(2) condemns companies that continue to operate in Russia
and provide financial benefits to the Putin regime that enable
his ability to continue waging war in Ukraine; and
(3) commends companies that have already suspended
operations in or withdrawn from markets in Russia in response
to the Putin regime's unlawful invasion of Ukraine.
SEC. 1347. REPORT ON ARMS TRAFFICKING IN HAITI.
(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 Commerce and the Attorney General, shall submit to the
appropriate congressional committees a report on arms trafficking in
Haiti.
(b) Matters to Be Included.--The report shall include the
following:
(1) The number and category of United States-origin weapons
in Haiti, including those in possession of the Haitian National
Police or other state authorities and diverted outside of their
control and the number of United States-origin weapons believed
to be illegally trafficked from the United States since 1991.
(2) The major routes by which illegal arms are trafficked
into Haiti.
(3) The major Haitian seaports, airports, and other border
crossings where illegal arms are trafficked.
(4) An accounting of the ways individuals evade law
enforcement and customs officials.
(5) A description of networks among Haitian government
officials, Haitian customs officials, and gangs and others
illegally involved in arms trafficking.
(6) Whether any end-use agreements between the United
States and Haiti in the issuance of United States-origin
weapons have been violated.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on the Judiciary of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on the Judiciary of the
Senate.
SEC. 1348. ESTABLISHMENT OF THE OFFICE OF CITY AND STATE DIPLOMACY.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating the second subsection (h) (relating to
the Office of Sanctions Coordination) as subsection (k); and
(2) by adding at the end the following new subsection:
``(l) Office of City and State Diplomacy.--
``(1) In general.--There shall be established within the
Department of State an Office of City and State Diplomacy (in
this subsection referred to as the `Office'). The Department
may use a similar name at its discretion and upon notification
to Congress.
``(2) Head of office.--The head of the Office shall be the
Ambassador-at-Large for City and State Diplomacy (in this
subsection referred to as the `Ambassador') or other
appropriate senior official. The head of the Office shall--
``(A) be appointed by the President, by and with
the advice and consent of the Senate; and
``(B) report directly to the Secretary, or such
other senior official as the Secretary determines
appropriate and upon notification to Congress.
``(3) Duties.--
``(A) Principal duty.--The principal duty of the
head of the Office shall be the overall coordination
(including policy oversight of resources) of Federal
support for subnational engagements by State and
municipal governments with foreign governments. The
head of the Office shall be the principal adviser to
the Secretary of State on subnational engagements and
the principal official on such matters within the
senior management of the Department of State.
``(B) Additional duties.--The additional duties of
the head of the Office shall include the following:
``(i) Coordinating overall United States
policy and programs in support of subnational
engagements by State and municipal governments
with foreign governments, including with
respect to the following:
``(I) Coordinating resources across
the Department of State and throughout
the Federal Government in support of
such engagements.
``(II) Identifying policy, program,
and funding discrepancies among
relevant Federal agencies regarding
such coordination.
``(III) Identifying gaps in Federal
support for such engagements and
developing corresponding policy or
programmatic changes to address such
gaps.
``(ii) Identifying areas of alignment
between United States foreign policy and State
and municipal goals.
``(iii) Improving communication with the
American public, including, potentially,
communication that demonstrate the breadth of
international engagement by subnational actors
and the impact of diplomacy across the United
States.
``(iv) Providing advisory support to
subnational engagements, including by assisting
State and municipal governments regarding--
``(I) developing and implementing
global engagement and public diplomacy
strategies;
``(II) implementing programs to
cooperate with foreign governments on
policy priorities or managing shared
resources; and
``(III) understanding the
implications of foreign policy
developments or policy changes through
regular and extraordinary briefings.
``(v) Facilitating linkages and networks
among State and municipal governments, and
between State and municipal governments and
their foreign counterparts, including by
tracking subnational engagements and leveraging
State and municipal expertise.
``(vi) Supporting the work of Department of
State detailees assigned to State and municipal
governments pursuant to this subsection.
``(vii) Under the direction of the
Secretary, negotiating agreements and memoranda
of understanding with foreign governments
related to subnational engagements and
priorities.
``(viii) Supporting United States economic
interests through subnational engagements, in
consultation and coordination with the
Department of Commerce, the Department of the
Treasury, and the Office of the United States
Trade Representative.
``(ix) Coordinating subnational engagements
with the associations of subnational elected
leaders, including the United States Conference
of Mayors, National Governors Association,
National League of Cities, National Association
of Counties, Council of State Governments,
National Conference of State Legislators, and
State International Development Organizations.
``(4) Coordination.--With respect to matters involving
trade promotion and inward investment facilitation, the Office
shall coordinate with and support the International Trade
Administration of the Department of Commerce as the lead
Federal agency for trade promotion and facilitation of business
investment in the United States.
``(5) Detailees.--
``(A) In general.--The Secretary of State, with
respect to employees of the Department of State, is
authorized to detail a member of the civil service or
Foreign Service to State and municipal governments on a
reimbursable or nonreimbursable basis. Such details
shall be for a period not to exceed two years, and
shall be without interruption or loss of status or
privilege.
``(B) Responsibilities.--Detailees under
subparagraph (A) should carry out the following:
``(i) Supporting the mission and objectives
of the host subnational government office.
``(ii) Advising State and municipal
government officials regarding questions of
global affairs, foreign policy, cooperative
agreements, and public diplomacy.
``(iii) Coordinating activities relating to
State and municipal government subnational
engagements with the Department of State,
including the Office, Department leadership,
and regional and functional bureaus of the
Department, as appropriate.
``(iv) Engaging Federal agencies regarding
security, public health, trade promotion, and
other programs executed at the State or
municipal government level.
``(v) Any other duties requested by State
and municipal governments and approved by the
Office.
``(C) Additional personnel support for subnational
engagement.--For the purposes of this subsection, the
Secretary of State--
``(i) is authorized to employ individuals
by contract;
``(ii) is encouraged to make use of the re-
hired annuitants authority under section 3323
of title 5, United States Code, particularly
for annuitants who are already residing across
the United States who may have the skills and
experience to support subnational governments;
and
``(iii) is encouraged to make use of
authorities under the Intergovernmental
Personnel Act of 1970 (42 U.S.C. 4701 et seq.)
to temporarily assign State and local
government officials to the Department of State
or overseas missions to increase their
international experience and add their
perspectives on United States priorities to the
Department.
``(6) Report and briefing.--
``(A) Report.--Not later than one year after the
date of the enactment of this subsection, the head of
the Office shall submit to the Committee on Foreign
Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the
Senate a report that includes information relating to
the following:
``(i) The staffing plan (including
permanent and temporary staff) for the Office
and a justification for the location of the
Office within the Department of State's
organizational structure.
``(ii) The funding level provided to the
Office for the Office, together with a
justification relating to such level.
``(iii) The rank and title granted to the
head of the Office, together with a
justification relating to such decision and an
analysis of whether the rank and title of
Ambassador-at-Large is required to fulfill the
duties of the Office.
``(iv) A strategic plan for the Office,
including relating to--
``(I) leveraging subnational
engagement to improve United States
foreign policy effectiveness;
``(II) enhancing the awareness,
understanding, and involvement of
United States citizens in the foreign
policy process; and
``(III) better engaging with
foreign subnational governments to
strengthen diplomacy.
``(v) Any other matters as determined
relevant by the head of the Office.
``(B) Briefings.--Not later than 30 days after the
submission of the report required under subparagraph
(A) and annually thereafter, the head of the Office
shall brief the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate on
the work of the Office and any changes made to the
organizational structure or funding of the Office.
``(7) Rule of construction.--Nothing in this subsection may
be construed as precluding--
``(A) the Office from being elevated to a bureau
within the Department of State; or
``(B) the head of the Office from being elevated to
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).
``(8) Definitions.--In this subsection:
``(A) Municipal.--The term `municipal' means, with
respect to the government of a municipality in the
United States, a municipality with a population of not
fewer than 100,000 people.
``(B) State.--The term `State' means the 50 States,
the District of Columbia, and any territory or
possession of the United States.
``(C) Subnational engagement.--The term
`subnational engagement' means formal meetings or
events between elected officials of State or municipal
governments and their foreign counterparts.''.
SEC. 1349. TRANSFER OF EXCESS OLIVER HAZARD PERRY CLASS GUIDED MISSILE
FRIGATES TO EGYPT.
(a) In General.--The President is authorized to transfer to the
Government of Egypt the OLIVER HAZARD PERRY class guided missile
frigates ex-USS CARR (FFG-52) and ex-USS ELROD (FFG-55) on a grant
basis under section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j) on or after the date on which the President submits to
the appropriate congressional committees a certification described in
subsection (b).
(b) Certification.--The certification described in this subsection
is a certification of the President of the following:
(1) The President has received reliable assurances that the
Government of Egypt and any Egyptian state-owned enterprises--
(A) are not knowingly engaged in any activity
subject to sanctions under the Countering America's
Adversaries Through Sanctions Act, including an
activity related to Russian Su-35 warplanes or other
advanced military technologies; and
(B) will not knowingly engage in activity subject
to sanctions under the Countering America's Adversaries
Through Sanctions Act in the future.
(2) The Egyptian crews participating in training related to
and involved in the operation of the vessels transferred under
this section are subject to the requirements of section 620M of
the Foreign Assistance Act of 1961 (22 U.S.C. 2378d), section
362 of title 10, United States Code, and other relevant human
rights vetting to ensure United States-funded assistance
related to the transfer of the vessels under this section are
not provided to Egyptian security forces that have committee
gross violations of internationally recognized human rights or
other documented human rights abuses.
(3) The Government of Egypt is no longer unlawfully or
wrongfully detaining United States nationals or lawful
permanent residents, based on criteria which may include--
(A) the detained individual has presented credible
information of factual innocence to United States
officials;
(B) information exists that the individual is
detained solely or substantially because he or she is a
citizen or national of the United States;
(C) information exists that the individual is being
detained in violation of internationally protected
rights and freedoms, such as freedom of expression,
association, assembly, and religion;
(D) the individual is being detained in violation
of the laws of the detaining country;
(E) independent nongovernmental organizations or
journalists have raised legitimate questions about the
innocence of the detained individual;
(F) the United States embassy in the country where
the individual is detained has received credible
reports that the detention is a pretext;
(G) police reports show evidence of the lack of a
credible investigation;
(H) the individual is detained in a country where
the Department of State has determined in its annual
human rights reports that the judicial system is not
independent or impartial, is susceptible to corruption,
or is incapable of rendering just verdicts;
(I) the individual is detained in inhumane
conditions; and
(J) the international right to due process of law
has been sufficiently impaired so as to render the
detention arbitrary.
(c) Violations.--The President may not transfer a vessel under this
section unless the Government of Egypt agrees that if any of the
conditions described in subsection (b) are violated after the transfer
of the vessel, the Government of Egypt will re-transfer the vessel to
the United States at the sole cost to the Government of Egypt, without
using United States funds, including United States foreign military
assistance funds.
(d) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to the Government
of Egypt under this section 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).
(e) Costs of Transfers.--Any expense incurred by the United States
in connection with the transfer of a vessel under this section shall be
charged to the Government of Egypt notwithstanding section 516(e) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)).
(f) 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 Government of
Egypt have such repair or refurbishment of the vessel as is needed,
before the vessel joins the naval forces of Egypt, performed at a
shipyard located in the United States, including a United States Navy
shipyard.
(g) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the three-year period
beginning on the date of the enactment of this Act.
(h) Required Report.--
(1) In general.--Not later than 60 days before the transfer
of a vessel under this section, the President shall submit to
the appropriate congressional committees a report describing
the following:
(A) The specific operational activities and
objectives intended for the vessel upon receipt by the
Government of Egypt.
(B) A detailed description of how the transfer of
the vessel will help to alleviate United States mission
requirements in the Bab el Mandeb and the Red Sea.
(C) A detailed description of how the transfer of
the vessel will complement Combined Maritime Forces
(CMF) mission goals and activities, including those of
Combined Task Forces 150, 151, 152, and 153.
(D) A detailed description of incidents of
arbitrary detention, violence, and state-sanctioned
harassment in the past 5 years by the Government of
Egypt against United States citizens, individuals in
the United States, and their family members who are not
United States citizens, in both Egypt and in the United
States, and a determination of whether such incidents
constitute a pattern of acts of intimidation or
harassment.
(E) A description of policy efforts to ensure that
United States security assistance programs with Egypt
are formulated in a manner that will ``avoid
identification of the United States, through such
programs, with governments which deny to their people
internationally recognized human rights and fundamental
freedoms'' in accordance with section 502B of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304).
(2) Form.--The report required by this subsection shall be
provided in unclassified form, but may include a separate
classified annex.
(i) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 1350. SENSE OF CONGRESS ON AZERBAIJAN'S ILLEGAL DETENTION OF
ARMENIAN PRISONERS OF WAR.
It is the sense of Congress that--
(1) Azerbaijan must immediately and unconditionally return
all Armenian prisoners of war and captured civilians; and
(2) the Biden Administration should engage at all levels
with Azerbaijani authorities, including through the
Organization for Security and Co-operation in Europe Minsk
Group process, to make clear the importance of adhering to
their obligations, under the November 9 statement and
international law, to immediately release all prisoners of war
and captured civilians.
SEC. 1351. UNITED STATES-INDIA DEFENSE PARTNERSHIP.
(a) Strong United States-India Defense Partnership.--It is the
sense of Congress that--
(1) a strong United States-India defense partnership,
rooted in shared democratic values, is critical in order to
advance United States interests in the Indo-Pacific region; and
(2) this partnership between the world's oldest and largest
democracies is critical and must continue to be strengthened in
response to increasing threats in the Indo-Pacific regions,
sending an unequivocal signal that sovereignty and
international law must be respected.
(b) United States-India Initiative on Critical and Emerging
Technologies (iCET).--The Congress finds that the United States-India
Initiative on Critical and Emerging Technologies (iCET) is a welcome
and essential step to developing closer partnerships between
governments, academia, and industry in the United States and India to
address the latest advances in artificial intelligence, quantum
computing, biotechnology, aerospace, and semiconductor manufacturing.
Such collaborations between engineers and computer scientists are vital
to help ensure that the United States and India, as well as other
democracies around the world, foster innovation and facilitate
technological advances which continue to far outpace Russian and
Chinese technology.
(c) Border Threats From China and Reliance on Russian-built
Weapons.--Congress recognizes that--
(1) India faces immediate and serious regional border
threats from China, with continued military aggression by the
Government of China along the India-China border,
(2) India relies on Russian-built weapons for its national
defense, and
(3) the United States should take additional steps to
encourage India to accelerate India's transition off Russian-
built weapons and defense systems while strongly supporting
India's immediate defense needs.
(d) Waiver of CAATSA Sanctions in Best Interests of United States
and the United States-India Defense Partnership.--While India faces
immediate needs to maintain its heavily Russian-built weapons systems,
a waiver to sanctions under the Countering America's Adversaries
Through Sanctions Act during this transition period is in the best
interests of the United States and the United States-India defense
partnership to deter aggressors in light of Russia and China's close
partnership.
SEC. 1352. 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
congressional defense committees 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.
SEC. 1353. REPORT ON EFFORTS TO COMBAT BOKO HARAM IN NIGERIA AND THE
LAKE CHAD BASIN.
(a) Statement of Congress.--Congress--
(1) strongly condemns the ongoing violence and the
systematic gross human rights violations against the people of
Nigeria and the Lake Chad Basin carried out by Boko Haram;
(2) expresses its support for the people of Nigeria and the
Lake Chad Basin who wish to live in a peaceful, economically
prosperous, and democratic region; and
(3) calls on the President to support Nigerian, Lake Chad
Basin, and international community efforts to ensure
accountability for crimes against humanity committed by Boko
Haram against the people of Nigeria and the Lake Chad Basin,
particularly the young girls kidnapped from Chibok and other
internally displaced persons affected by the actions of Boko
Haram.
(b) Report.--
(1) 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 Attorney
General, shall submit to the congressional defense committees,
the Committee on Foreign Affairs and the Committee on the
Judiciary of the House of Representatives, and the Committee on
Foreign Relations and the Committee on the Judiciary of the
Senate a report on efforts to combat Boko Haram in Nigeria and
the Lake Chad Basin.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of initiatives undertaken by the
Department of State and the Department of Defense to
assist the Government of Nigeria and countries in the
Lake Chad Basin to combat Boko Haram.
(B) A description of United States activities to
enhance the capacity of Nigeria and countries in the
Lake Chad Basin to investigate and prosecute human
rights violations perpetrated against the people of
Nigeria and the Lake Chad Basin by Boko Haram, al-Qaeda
affiliates, and other terrorist organizations, in order
to promote respect for rule of law in Nigeria and the
Lake Chad Basin.
SEC. 1354. CHIEF OF MISSION CONCURRENCE.
The Secretary of Defense, in coordination with the Secretary of
State, shall submit to the Committees on Armed Services of the House of
Representatives and the Senate, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign Relations of the
Senate a report outlining the process by which chief of mission
concurrence is obtained for Department of Defense clandestine
activities under section 127(f) of title 10, United States Code.
SEC. 1355. GAO STUDY ON DEPARTMENT OF DEFENSE SUPPORT FOR OTHER
DEPARTMENTS AND AGENCIES OF THE UNITED STATES GOVERNMENT
THAT ADVANCE DEPARTMENT OF DEFENSE SECURITY COOPERATION
OBJECTIVES.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the use and implementation of the authority of
section 385 of title 10, United States Code, relating to Department of
Defense support for other departments and agencies of the United States
Government that advance Department of Defense security cooperation
objectives.
(b) Matters to Be Included.--The study required by subsection (a)
shall include the following:
(1) A review of the use and implementation of the authority
of section 385 of title 10, United States Code, and
congressional intent of such authority.
(2) An identification of the number of times such authority
has been used.
(3) An identification of the challenges associated with the
use of such authority.
(4) A description of reasons for lack of the use of such
authority, if any.
(5) An identification of potential legislative actions for
Congress to address with respect to such authority.
(6) An identification of potential executive actions for
the Department of Defense to address with respect to such
authority.
(c) Report.--
(1) In general.--The Comptroller General shall submit to
the appropriate congressional committees a report that contains
the results of the study required by subsection (a).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) congressional defense committees; and
(B) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
SEC. 1356. FEASIBILITY STUDY AND REPORT RELATING TO SOMALILAND.
(a) Feasibility Study.--The Secretary of State, in consultation
with the Secretary of Defense, shall conduct a feasibility study that--
(1) includes consultation with Somaliland security organs;
(2) determines opportunities for collaboration in the
pursuit of United States national security interests in the
Horn of Africa, the Gulf of Aden, and the broader Indo-Pacific
region;
(3) identifies the practicability of improving the
professionalization and capacity of Somaliland security sector
actors; and
(4) identifies the most effective way to conduct and carry
out programs, transactions, and other relations in the City of
Hargeisa on behalf of the United States Government.
(b) Report.--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 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 subsection (a), including an
assessment of the extent to which--
(1) opportunities exist for the United States to support
the training of Somaliland's security sector actors with a
specific focus on counterterrorism and border and maritime
security;
(2) Somaliland's security forces were implicated, if any,
in gross violations of human rights during the 3-year period
immediately preceding the date of the enactment of this Act;
(3) the United States has provided or discussed with
officials of Somaliland the provision of training to security
forces, including--
(A) where such training has occurred;
(B) the extent to which Somaliland security forces
have demonstrated the ability to absorb previous
training; and
(C) the ability of Somaliland security forces to
maintain and appropriately utilize such training, as
applicable;
(4) a United States diplomatic and security engagement
partnership with Somaliland would have a strategic impact,
including by protecting the United States and allied maritime
interests in the Bab-el-Mandeb Strait and at Somaliland's Port
of Berbera;
(5) Somaliland could--
(A) serve as a maritime gateway in East Africa for
the United States and its allies; and
(B) counter Iran's presence in the Gulf of Aden and
China's growing regional military presence;
(6) a United States security and defense partnership
could--
(A) bolster cooperation between Somaliland and
Taiwan;
(B) stabilize this semi-autonomous region of
Somalia further as a democratic counterweight to anti-
democratic forces in the greater Horn of Africa region;
and
(C) impact the capacity of the United States to
achieve policy objectives in Somalia, particularly to
degrade and ultimately defeat the terrorist threat
posed by Al-Shabaab, the Islamic State in Somalia (the
Somalia-based Islamic State affiliate), and other
terrorist groups operating in Somalia; and
(7) the extent to which an improved relationship with
Somaliland could--
(A) support United States policy focused on the Red
Sea corridor, the Indo-Pacific region, and the Horn of
Africa;
(B) improve cooperation on counterterrorism and
intelligence sharing;
(C) enable cooperation on counter-trafficking,
including the trafficking of humans, wildlife, weapons,
and illicit goods; and
(D) support trade and development, including how
Somaliland could benefit from Prosper Africa and other
regional trade initiatives.
(c) Appropriate Congressional Committees Defined.--In subsection
(b), the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 1357. REPEAL OF JOINT RESOLUTION TO PROMOTE PEACE AND STABILITY IN
THE MIDDLE EAST.
Effective on the date that is 90 days after the date of the
enactment of this Act, the joint resolution entitled ``A joint
resolution to promote peace and stability in the Middle East'' (Public
Law 85-7; 22 U.S.C. 1961 et seq.) is hereby repealed.
SEC. 1358. SENSE OF CONGRESS REGARDING THE INCLUSION OF SUNSET
PROVISIONS IN AUTHORIZATIONS FOR USE OF MILITARY FORCE.
(a) Findings.--Congress makes the following findings:
(1) Article 1, Section 8, of the Constitution provides
Congress with the sole authority to ``declare war''.
(2) Legal experts who have served in both Democratic and
Republic administrations recommend the inclusion of a sunset
clause or reauthorization requirement in authorizations for use
of military force to ensure that Congress fulfills its
constitutional duty to debate and vote on whether to send
United States servicemembers into war.
(3) Sunset provisions have been included in 29 percent of
prior authorizations for use of military force and declarations
of war.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the inclusion of a sunset provision or reauthorization
requirement in authorizations for use of military force is
critical to ensuring Congress's exercise of its constitutional
duty to declare war; and
(2) any joint resolution enacted to authorize the
introduction of United States forces into hostilities or into
situations where there is a serious risk of hostilities should
include a sunset provision setting forth a date certain for the
termination of the authorization for the use of such forces
absent the enactment of a subsequent specific statutory
authorization for such use of the United States forces.
SEC. 1359. REPORT ON 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
cooperation with Mexico, including through Northcom, the
Department of Homeland Security, and the Department of Justice
(including the Drug Enforcement Administration), including over
the preceding 10 years.
(2) A description of the benefits of partnerships with
Mexican security forces in enforcing judicial process for
violent crimes and cartels along the southern border.
(3) A description of increasing cartel control over Mexican
territory and its impacts on national security.
(4) A description of deteriorating role of electoral and
democratic institutions, including 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.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1360. UNPAID PERUVIAN AGRARIAN REFORM BONDS.
To ensure the retirement security of over 5,000,000 United States
pensioners across the Nation, Congress urges the Secretary of State to
take action concerning unpaid Peruvian agrarian reform bonds by
encouraging the Peruvian Government to negotiate in good faith with
United States pension funds and bondholders regarding payment of the
agrarian reform bonds.
SEC. 1361. 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, 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, including 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 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 People's Republic of China support 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 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 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 the
Department of State's publicly available website.
(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 paragraphs (1) through (7) of
subsection (b) in an unclassified manner, the Secretary shall
provide in unclassified form an affirmative or negative
determination for each element required under subsections
(b)(1)-(7) whether the People's Republic of China is supporting
the Russian Federation in that manner and concurrently provide
the discussion of that element to the committees at the lowest
possible classification level, consistent with the protection
of sources and methods.
(d) Sunset.--The requirement to submit the report required by
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 Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(3) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Select Committee
on Intelligence of the Senate.
TITLE XIV--OTHER AUTHORIZATIONS
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--Other Matters
SEC. 1411. 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. 1412. 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.
SEC. 1413. STUDY AND PILOT PROGRAM ON SEMICONDUCTORS AND THE NATIONAL
DEFENSE STOCKPILE.
(a) Study Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall--
(A) conduct a study on the strategic materials
required by the Department of Defense to execute the
operational plans of the Department in a conflict with
a strategic competitor lasting not less than six
months; and
(B) submit to the congressional defense committees
a report on such study.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) A description of the specific number and type
of semiconductors for key systems and munitions,
delineated by technical specifications, performance
requirements, and end-use applications, that the
Department of Defense requires to execute and sustain
the operational plans of the Department during a
conflict with a strategic competitor in the Indo-
Pacific for not less than six months.
(B) A description of any supply chain
vulnerabilities or choke points, including from sole
sources of supply or geographic proximity to strategic
competitors, involving the critical minerals and
strategic raw materials (including chemicals) required
to produce the semiconductors described in subparagraph
(A).
(C) A description of any supply chain
vulnerabilities or choke points, including from sole
sources, geographic proximity to strategic competitors,
or legacy technology, involving the manufacturing
equipment required for each step in the manufacturing
process from the raw materials described in
subparagraph (B) to the finished and operational
semiconductor chip described in subparagraph (A), and
an identification of potential secure sources of supply
or manufacturing involving the United States, allied,
or partner nations.
(D) An analysis of the ability of the Department of
Defense and private industry, as appropriate, to
procure the semiconductors described in subparagraph
(A) and mitigate the vulnerabilities identified in
subparagraphs (B) and (C), during a conflict with a
strategic competitor in the Indo-Pacific lasting not
less than six months, along with associated
recommendations, any additional necessary authorities
to carry out such recommendations, and the cost of each
recommendation.
(E) A feasibility assessment, expected cost, and
recommendations for acquiring strategic materials for
the National Defense Stockpile.
(F) A description of options to finance the cost of
the recommendations described in subparagraph (D).
(G) The anticipated annual cost, through fiscal
year 2028, of a pilot program to acquire for the
National Defense Stockpile the highest priority
strategic materials.
(b) Pilot Program.--
(1) Establishment.--Upon the submission of the report under
subsection (a), the Secretary of Defense shall carry out a
pilot program to, subject to the availability of
appropriations, acquire for the National Defense Stockpile the
highest priority strategic materials identified in such report.
(2) Report.--Not later than 1 year after the establishment
of the pilot program described in this subsection, and annually
thereafter until the date described in paragraph (3), the
Secretary of Defense shall submit to the congressional defense
committees a report on the status and effects of the pilot
program.
(3) Termination.--The pilot program established under this
subsection shall terminate on September 30, 2028.
(c) Strategic Materials Defined.--In this section, the term
``strategic materials'' means--
(1) semiconductors described in subsection (a)(2)(A);
(2) critical minerals and strategic raw materials described
in subsection (a)(2)(B); and
(3) manufacturing equipment described in paragraph (2)(C).
SEC. 1414. RESTORING ESSENTIAL ENERGY AND SECURITY HOLDINGS ONSHORE FOR
RARE EARTHS.
(a) Acquisition Authority.--Of the funds authorized to be
appropriated for the National Defense Stockpile Transaction Fund by
section 4501, the National Defense Stockpile Manager may use up to
$253,500,000 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) Scandium.
(b) Compliance With Strategic and Critical Materials Stock Piling
Act.--Any acquisition using funds appropriated pursuant to this section
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.).
(c) Disclosures Concerning Rare Earth Elements and Covered Critical
Minerals by Contractors of Department of Defense.--
(1) Requirement.--Beginning on the date that is 30 months
after the date of the enactment of this Act, the Secretary of
Defense shall require that any contractor that provides to the
Department of Defense a system with a permanent magnet that
contains rare earth elements or covered critical minerals to
disclose in a classified form, along with delivery of the
system, the provenance of the magnet.
(2) Elements.--A disclosure under paragraph (1) shall
include an identification of the country or countries in
which--
(A) any rare earth elements and covered critical
minerals 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 not later than 180 days after providing the system
to the Department of Defense.
(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
appropriate congressional committees 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) the contractor cannot currently make
the disclosure required by paragraph (1) but is
making significant efforts to comply with the
requirements of that paragraph.
(B) Waiver renewals.--The Secretary--
(i) may renew a waiver under subparagraph
(A)(i) as many times as the Secretary considers
appropriate; and
(ii) may not renew a waiver under
subparagraph (A)(ii) more than twice.
(5) Briefing required.--Not later than 30 days after the
submission of each report required by subsection (e)(3), the
Secretary of Defense shall provide to the appropriate
congressional committees a briefing that includes--
(A) a summary of the disclosures made under this
subsection;
(B) 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 covered critical minerals;
(C) 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 covered critical minerals; and
(D) any suggestions for legislation or funding that
would mitigate security gaps in such supply chains.
(d) 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 (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, or
any Non-SDN Chinese military-industrial complex 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 rare earth elements or
covered critical minerals.
``(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.'';
(4) in subsection (e)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (1) and (2) as
paragraphs (3) and (6), 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.''; and
(D) by inserting after paragraph (3), as so
redesignated, the following:
``(4) The term `covered critical mineral' means--
``(A) antimony;
``(B) beryllium;
``(C) cobalt;
``(D) graphite;
``(E) lithium;
``(F) manganese;
``(G) nickel;
``(H) tantalum;
``(I) tungsten; or
``(J) vanadium.
``(5) 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
(5) by adding at the end the following:
``(7) 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 Restoring
Essential Energy and Security Holdings Onshore for Rare
Earths Act of 2022; and
``(B) maintained by the Office of Foreign Assets
Control of the Department of the Treasury.
``(8) The term `rare earth element' means--
``(A) cerium;
``(B) dysprosium;
``(C) erbium;
``(D) europium;
``(E) gadolinium;
``(F) holmium;
``(G) lanthanum;
``(H) lutetium;
``(I) neodymium;
``(J) praseodymium;
``(K) promethium;
``(L) samarium;
``(M) scandium;
``(N) terbium;
``(O) thulium;
``(P) ytterbium; or
``(Q) yttrium.''.
(e) 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 Department of Defense to comply
with the requirements of--
(A) subsection (c);
(B) section 1211 of the National Defense
Authorization Act for Fiscal Year 2006, as amended by
subsection (d) of this section; and
(C) section 4872 of title 10, United States Code.
(2) Briefing required.--The Comptroller General shall
periodically, until the termination date specified in paragraph
(5), provide to the appropriate congressional committees a
briefing on the results of the assessments conducted under
paragraph (1) that includes an assessment of--
(A) 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
(B) the efforts of the Department of Defense to
assess the compliance of contractors with such clauses.
(3) Report required.--The Comptroller General shall, not
less frequently than every 2 years until the termination date
specified in paragraph (5), submit to the appropriate
congressional committees a report on the results of the
assessments conducted under paragraph (1) that includes an
assessment of--
(A) 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
(B) the efforts of the Department of Defense to
assess the compliance of contractors with such clauses.
(4) Referral.--If, in conducting an assessment under
paragraph (1), the Comptroller General determines that a
contractor has failed to comply with any of the requirements
described in subparagraphs (A), (B), and (C) of paragraph (1),
the relevant Inspectors General, or other enforcement agencies,
as appropriate, for further examination and possible
enforcement actions.
(5) Termination.--The requirements of this subsection shall
terminate on the date that is 10 years after the date of the
enactment of this Act.
(f) Definitions.--In this section, the terms ``covered critical
minerals'' and ``rare earth element'' have the meanings given to such
terms in section 1211 of the National Defense Authorization Act for
Fiscal Year 2006 (10 U.S.C. 4651 note prec.).
SEC. 1415. REPORT ON FEASIBILITY OF INCREASING QUANTITIES OF RARE EARTH
PERMANENT MAGNETS IN NATIONAL DEFENSE STOCKPILE.
(a) Statement of Policy.--It is the policy of the United States to
build a stockpile of rare earth permanent magnets to meet requirements
for Department of Defense programs and systems while reducing
dependence on foreign countries for such magnets.
(b) Report.--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 feasibility of increasing the
quantity of rare earth permanent magnets in the National Defense
Stockpile to support United States defense requirements.
(c) Contents.--The report required by subsection (b) shall include
the following:
(1) An assessment of the extent to which the existing
National Defense Stockpile inventory would guarantee supply of
rare earth permanent magnets to major defense acquisition
programs included in the future years defense program.
(2) A description of the assumptions underlying the
quantities of rare earth permanent magnet block identified for
potential acquisition in the most recent National Defense
Stockpile Annual Operations and Planning Report.
(3) An evaluation of factors that would affect shortfall
estimates with respect to rare earth magnet block in the
National Defense Stockpile inventory.
(4) A description of the impact on and requirements for
domestic industry stakeholders, including Department of Defense
contractors.
(5) An analysis of challenges related to the domestic
manufacturing of rare earth permanent magnets.
(6) An assessment of the extent to which Department of
Defense programs and systems rely on rare earth permanent
magnets manufactured by an entity under the jurisdiction of a
covered strategic competitor.
(7) Identification of additional funding, authorities, and
policies necessary to advance the policy described in
subsection (a).
(d) Form.--The report required by subsection (b) shall be submitted
in unclassified form, but may include a classified annex.
(e) Definitions.--In this section:
(1) The term ``congressional defense committees'' means the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives.
(2) The term ``covered strategic competitor'' means a near-
peer country identified by the Secretary of Defense and
National Defense Strategy.
SEC. 1416. STUDY ON STOCKPILING ENERGY STORAGE COMPONENTS.
Not later than 360 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a study on the viability of establishing a stockpile of the
materials required to manufacture batteries, battery cells, and other
energy storage components to meet national security requirements in the
event of a national emergency (as defined in section 12 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-3)).
Subtitle C--Homeland Acceleration of Recovering Deposits and Renewing
Onshore Critical Keystones
SEC. 1421. AUTHORITY TO ACQUIRE MATERIALS FOR NATIONAL DEFENSE
STOCKPILE TO ADDRESS SHORTFALLS.
(a) Modification of Acquisition Authority.--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) 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'';
(B) in paragraph (2), by striking ``any such
transaction'' and inserting ``any transaction''; and
(C) by adding at the end the following:
``(3) From amounts appropriated after the date of the enactment of
this paragraph, 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) Clarification That Stockpile May Not Be Used for Budgetary
Purposes.--Section 2(c) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98a(c)) is amended by striking ``is not to be
used'' and inserting ``shall not be used''.
(c) Annual Briefings.--Section 11 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h-2) is amended by adding at
the end the following:
``(c)(1) Not later than 30 days after submitting a report required
by subsection (a), the National Defense Stockpile Manager shall brief
the committees specified in paragraph (2) on the state of the stockpile
and the acquisitions intended to be made within the next fiscal year.
``(2) The committees specified in this paragraph are--
``(A) the Committee on Armed Services, the
Committee on Foreign Relations, the Committee on Energy
and Natural Resources, the Committee on Commerce,
Science, and Transportation, and the Select Committee
on Intelligence of the Senate; and
``(B) the Committee on Armed Services, the
Committee on Foreign Affairs, the Committee on Natural
Resources, the Committee on Energy and Commerce, and
the Permanent Select Committee on Intelligence of the
House of Representatives.''.
SEC. 1422. REPORT ON MODIFICATIONS TO THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) In General.--Not later than December 1, 2023, the Secretary of
Defense shall submit to the congressional defense committees, the
Committee on Financial Services of the House of Representatives, the
Permanent Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the Senate,
and the Committee on Banking, Housing, and Urban Affairs of the Senate
a report on the benefits and risks of potential legislative proposals
to increase the availability of strategic and critical materials that
are, as of the date of the enactment of this Act, sourced primarily
from the People's Republic of China or the Russian Federation.
(b) Elements.--The report required by subsection (a) shall include
an assessment of the following:
(1) The implications of modifying the term ``domestic
source'' for purposes of the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.) to ``domestic and allied source'' and
including in the definition of such term business concerns in
other countries, including, but not limited to, Canada, the
United Kingdom, and Australia.
(2) The benefits of facilitating more effective integration
of the national technology and industrial base with the
technology and industrial bases of countries that are allies or
partners of the United States with respect to technology
transfer, socioeconomic procurement requirements, and export
controls.
(c) Form.--The report required by subsection (a) shall be in an
unclassified form but may contain a classified annex.
(d) Definitions.--In this section:
(1) National technology and industrial base.--The term
``national technology and industrial base'' has the meaning
given that term in section 4801 of title 10, United States
Code.
(2) Strategic and critical materials.--The term ``strategic
and critical materials'' has the meaning given that term in
section 12 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h-3).
TITLE XV--CYBER AND INFORMATION OPERATIONS MATTERS
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 new paragraph:
``(4) Budget certification.--Not later than January 31 of
the year preceding each fiscal year for which a budget is
proposed, the Principal Cyber Advisor shall certify to the
Secretary of Defense and the congressional defense committees
the adequacy of the portions of that budget regarding
cyberspace activities not covered by the review of the Chief
Information Officer under section 142(b)(2) of this title.''.
(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); and
(C) 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 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 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. 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. 1503. ESTABLISHMENT OF CYBER OPERATIONS DESIGNATOR AND RATING FOR
THE NAVY.
(a) Military Career Designator.--
(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 and use a cyber warfare operations designator for
officers and warrant officers, 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 and use a cyber warfare rating for
enlisted personnel, which shall be a separate rating from the
cryptologic technician enlisted rating.
(b) Prohibition.--
(1) In general.--Beginning June 1, 2024, the Secretary may
not assign a member of the Navy to a billet within the core
work roles at teams or components within the cyber mission
force if such member--
(A) has a designator of cryptologic warfare,
intelligence, or information professional; or
(B) has a rating of cryptologic technician,
intelligence specialist, or information systems
technician.
(2) Exception.--The prohibition in paragraph (1) shall not
apply with respect to a member of the Navy who is assigned to a
billet described in such paragraph under orders issued before
June 1, 2024.
(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 Senate a report
certifying whether the following actions have been carried out
(including detailed explanations):
(1) The Secretary establishing cyberspace operations as a
military discipline that is a community separate from the
information warfare community.
(2) The Chief of Naval Operations identifying who in the
Office of the Chief of Naval Operations will serve as the
resource manager and who will be responsible for staffing and
training with respect to the designator and rating established
under subsection (a).
(3) The Secretary establishing a training pipeline for the
designator and rating established under subsection (a) that is
aligned with the requirements and standards established by the
Commander of the United States Cyber Command.
(4) The Secretary establishing a funding profile detailing
with requisite investments toward the training requirements,
requisite courses, and costs associated with the designator and
rating established under subsection (a) for the period covered
by the most recent future-years defense program submitted to
Congress under section 221 of title 10, United States Code.
(5) The Secretary establishing an inventory of all flag
officer positions with direct leadership or executive direction
over the designator and rating established under subsection
(a), 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.
(6) The Secretary establishing an implementation plan,
including timelines and procedures, for filling the positions
within the cyber mission force for which the Secretary is
responsible.
(7) Any anticipated changes to the end-strength of the Navy
by reason of establishing the designator and rating under
subsection (a).
(d) Determination by Cyber Command.--Not later than 60 days after
the date on which the Secretary submits the report under subsection
(c), the Commander of 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. 1504. CYBER THREAT INFORMATION COLLABORATION ENVIRONMENT PROGRAM.
(a) Program.--Not later than 120 days after the date of the
enactment of this Act, pursuant to the requirements established by the
Cyber Threat Data Interoperability Council under subsection (c), the
Secretary of Homeland Security, acting through the Director of the
Cybersecurity and Infrastructure Security Agency, in consultation with
the Director of the National Security Agency, shall develop an
information collaboration environment consisting of a digital
environment containing technical tools for information analytics and a
portal through which relevant parties may submit and automate
information inputs and access the environment to enable interoperable
data flow that enables Federal and non-Federal entities to identify,
mitigate, and prevent malicious cyber activity by--
(1) providing access to appropriate and operationally
relevant data from unclassified and classified information
about cybersecurity risks and cybersecurity threats, as well as
malware forensics and data from network sensor programs or
network-monitoring programs, on a platform that enables
querying and analysis;
(2) enabling cross-correlation of data on cybersecurity
risks and cybersecurity threats at the speed and scale
necessary for rapid detection and identification;
(3) facilitating a comprehensive understanding of
cybersecurity risks and cybersecurity threats; and
(4) facilitating collaborative analysis between the Federal
Government and public and private sector critical
infrastructure entities and information sharing and analysis
organizations.
(b) Implementation of Information Collaboration Environment.--
(1) Evaluation.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
acting through the Director of the Cybersecurity and
Infrastructure Security Agency, in coordination with other
departments and agencies of the Federal Government, shall--
(A) identify existing Federal sources of classified
and unclassified information on cybersecurity threats;
(B) evaluate current programs, applications, or
platforms intended to detect, identify, analyze, and
monitor cybersecurity risks and cybersecurity threats;
(C) consult with public and private sector critical
infrastructure entities to identify public and private
critical infrastructure cyber threat capabilities,
needs, and gaps; and
(D) identify existing tools, capabilities, and
systems that may be adapted to achieve the purposes of
the information collaboration environment developed
pursuant to subsection (a) to maximize return on
investment and minimize cost.
(2) Implementation.--
(A) In general.--Not later than one year after
completing the evaluation required under paragraph (1),
the Secretary of Homeland Security, acting through the
Director of the Cybersecurity and Infrastructure
Security Agency, in consultation with the Director of
the National Security Agency, shall achieve initial
operating capability of the information collaboration
environment developed pursuant to subsection (a).
(B) Requirements.--The information collaboration
environment and the technical tools for information
analytics under subsection (a) shall--
(i) operate in a manner consistent with
relevant privacy, civil rights, and civil
liberties policies and protections, including
such policies and protections established
pursuant to section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485);
(ii) reflect the requirements set forth by
the Cyber Threat Data Interoperability Council
under subsection (c);
(iii) enable integration of current
applications, platforms, data, and information,
including classified information, in a manner
that supports the voluntary integration of
unclassified and classified information on
cybersecurity risks and cybersecurity threats;
(iv) incorporate tools to manage access to
classified and unclassified data, as
appropriate, for appropriate individuals who
have the security clearance necessary to access
the highest level of classified data included
in the environment;
(v) ensure accessibility by Federal
entities that the Secretary of Homeland
Security, in consultation with the Director of
National Intelligence, the Attorney General,
the Secretary of Defense, and the Director of
the Office of Management and Budget, determines
appropriate;
(vi) allow for access by public and private
sector critical infrastructure entities and
other private sector partners, at the
discretion of the Secretary of Homeland
Security and after consulting the appropriate
Sector Risk Management Agency;
(vii) deploy analytic tools across
classification levels to leverage all relevant
data sets, as appropriate;
(viii) identify tools and analytical
software that can be applied and shared to
manipulate, transform, and display data and
other identified needs; and
(ix) anticipate the integration of new
technologies and data streams, including data
from network sensor programs or network-
monitoring programs deployed in support of non-
Federal entities.
(C) Access controls.--The owner of any data shared
in the information collaboration environment shall have
the authority to set and maintain access controls for
such data and may restrict access to any particular
data asset for any purpose, including for the purpose
of protecting intelligence sources and methods from
unauthorized disclosure in accordance with section
102A(i) of the National Security Act (50 U.S.C.
3024(i)).
(3) Annual report requirement on the implementation,
execution, and effectiveness of the program.--
(A) Requirement.--Not later than one year after the
date of the enactment of this Act and annually
thereafter, the Secretary of Homeland Security shall
submit to the National Cyber Director and appropriate
congressional committees a report that details--
(i) Federal Government participation in the
information collaboration environment,
including the Federal entities participating in
the environment and the categories of
information shared by Federal entities into the
environment;
(ii) non-Federal entities' participation in
the information collaboration environment,
including the non-Federal entities
participating in the environment and the
categories of information shared by non-Federal
entities into the environment;
(iii) the impact of the information
collaboration environment on positive security
outcomes for the Federal Government and non-
Federal entities;
(iv) barriers identified to fully realizing
the benefit of the information collaboration
environment for both the Federal Government and
non-Federal entities;
(v) additional authorities or resources
necessary to successfully execute the
information collaboration environment; and
(vi) identified shortcomings or risks to
data security and privacy, and the steps
necessary to improve the mitigation of such
shortcomings or risks.
(B) Form.--Each report under subparagraph (A) shall
be submitted in unclassified form, but may include a
classified annex.
(4) Collaboration by nsa.--Any actions taken by the
Director of the National Security Agency to assist in building
or maintaining the information collaboration environment
developed pursuant to subsection (a)--
(A) shall be carried out using amounts authorized
to be appropriated to the National Security Agency for
the Information Systems Security program; and
(B) may not be carried out using amounts made
available under the National Intelligence Program.
(c) Cyber Threat Data Interoperability Council.--
(1) Establishment.--There is established an interagency
council, to be known as the ``Cyber Threat Data
Interoperability Council'' (in this subsection referred to as
the ``council''), chaired by the National Cyber Director, to
establish data interoperability requirements for data streams
to be accessed in the information collaboration environment.
(2) Establishment date.--The council shall commence the
activities under this subsection by not later than 120 days
after the date of the enactment of this Act.
(3) Membership.--
(A) Principal members.--In addition to the National
Cyber Director, the council shall have as its principal
members the Secretary of Homeland Security, the
Director of National Intelligence, the Attorney
General, the Secretary of Defense, and the Director of
the Office of Management and Budget.
(B) Additional federal members.--Based on
recommendations submitted by the principal members, the
National Cyber Director shall identify and appoint
council members from Federal entities that oversee
programs that generate, collect, disseminate, or
analyze data or information related to cybersecurity
risks and cybersecurity threats.
(C) Advisory members.--The National Cyber Director
shall identify and appoint advisory members from non-
Federal entities that shall advise the council based on
recommendations submitted by the principal members.
(4) Data streams.--The council shall identify, designate,
and periodically update programs that shall participate in or
be interoperable with the information collaboration
environment, which may include--
(A) network-monitoring and intrusion detection
programs;
(B) cyber threat indicator sharing programs;
(C) certain network sensor programs or network-
monitoring programs;
(D) incident response and cybersecurity technical
assistance programs; or
(E) malware forensics and reverse-engineering
programs.
(5) Data privacy.--
(A) Requirement.--The council shall establish a
committee to establish procedures and data governance
structures, as necessary, to protect data shared in the
information collaboration environment, comply with
Federal regulations and statutes, and respect existing
consent agreements with public and private sector
critical infrastructure entities that apply to critical
infrastructure information.
(B) Membership.--The committee shall be comprised
of--
(i) the senior official for privacy of the
Office of Management and Budget, who shall
serve as the chair of the committee; and
(ii) privacy officers from the Department
of Homeland Security, the Department of
Defense, the Department of Justice, and the
Office of the Director of National
Intelligence.
(6) Rule of construction.--Nothing in this subsection may
be construed as changing existing ownership or protection of,
or policies and processes for access to, agency data.
(d) National Security Systems.--Nothing in this section shall apply
to a national security system, or to cybersecurity threat intelligence
related to such systems, without the consent of the owner and operator
of the system.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Homeland Security, the
Committee on the Judiciary, the Committee on Armed
Services, the Committee on Oversight and Reform, and
the Permanent Select Committee on Intelligence of the
House of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary,
the Committee on Armed Services, and the Select
Committee on Intelligence of the Senate.
(2) The term ``critical infrastructure information'' has
the meaning given such term in section 2222 of the Homeland
Security Act of 2002 (6 U.S.C. 671).
(3) The term ``cyber threat indicator'' has the meaning
given such term in section 102 of the Cybersecurity Act of 2015
(6 U.S.C. 1501).
(4) The term ``cybersecurity threat'' has the meaning given
such term in section 102 of the Cybersecurity Act of 2015 (6
U.S.C. 1501).
(5) The term ``data asset'' has the meaning given such term
in section 3502 of title 44, United States Code.
(6) The term ``environment'' means the information
collaboration environment established under subsection (a).
(7) The term ``information sharing and analysis
organization'' has the meaning given such term in section 2222
of the Homeland Security Act of 2002 (6 U.S.C. 671).
(8) The term ``intelligence community'' has the meaning
given such term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)).
(9) The term ``national security system'' has the meaning
given such term in section 3552 of title 44, United States
Code.
(10) The term ``non-Federal entity'' has the meaning given
such term in section 102 of the Cybersecurity Act of 2015 (6
U.S.C. 1501).
(11) The term ``Sector Risk Management Agency'' has the
meaning given such term in section 2201 of the Homeland
Security Act of 2002 (6 U.S.C. 651).
SEC. 1505. DEPARTMENT OF DEFENSE ENTERPRISE-WIDE PROCUREMENT OF CYBER
DATA PRODUCTS AND SERVICES.
Section 1521 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 2224 note) is amended--
(1) in subsection (a)(5), by inserting ``, including the
use of artificial intelligence-based endpoint security that
prevents cyber attacks and does not require constant internet
connectivity to function,'' after ``services''; and
(2) in subsection (b), by inserting ``, including by
enhancing the security of the software supply chain of the
Department'' after ``best interests of the Department''.
SEC. 1506. CYBERSECURITY OF MILITARY STANDARDS FOR DATA.
(a) In General.--No later than 270 days after enactment of this
act, the principal staff assistant designated with primary
responsibility for the Strategic Cybersecurity Program of the
Department of Defense pursuant to 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), as amended by section 1502 of this Act,
shall conduct a comprehensive review of Military Standard 1553 (in this
section referred to as ``MIL-STD-1553''). At the discretion of the
Secretary of Defense, the review required under this subsection may
include reviews of additional serial data standards beyond MIL-STD-
1553.
(b) Elements.--The review required under subsection (a) shall
include the following elements:
(1) An identification of programs and weapon systems
currently employing MIL-STD-1553 and other serial data
standards, as appropriate, across the Department of Defense,
the military departments, and components, with notations for
any programs previously assessed by the Strategic Cybersecurity
Program.
(2) An evaluation of, and inventory for, the
vulnerabilities to MIL-STD-1553 and other serial data
standards, as appropriate.
(3) An inventory of potential commercial- and Government-
sourced mitigations and solutions, either in use or available
to program offices.
(4) An assessment of potential changes to address
identified vulnerabilities to MIL-STD-1553 and other serial
data standards, as appropriate.
(c) Determination.--Based on the findings of the review required
under subsection (a), the Secretary of Defense shall determine whether
to revise or update MIL-STD-1553 and other serial data standards, as
appropriate.
(d) Guidance.--Subsequent to the completion of the review required
under subsection (a), the head of the Strategic Cybersecurity Program
shall issue guidance across the Department for program managers
involved in procuring weapon systems that use MIL-STD-1553 and other
serial data standards, as appropriate. The guidance shall include
information related to the potential threats to MIL-STD-1553, available
mitigations and solutions, and technical resources for program managers
to use in addressing issues with MIL-STD-1553 and other data serial
standards, as appropriate.
(e) Compliance Certification.--Subject to the findings for the
review required under subsection (a), the senior official identified
pursuant to section 1647(j) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92) for a military department and
the service acquisition executive (as such term is defined in section
101(10) of title 10, United States Code) shall, if applicable, issue a
certification that mitigations identified by the Strategic
Cybersecurity Program for assessed weapons systems have been applied
and corrected. Not later than one year after the date of the enactment
of this Act, such senior official and the service acquisition executive
shall submit to the congressional defense committees such assessment.
(f) Test and Evaluation.--The Director of Operational Test and
Evaluation may include evaluations of MIL-STD-1553 and other serial
data standards, as appropriate, in reports required to be provided to
the congressional defense committees pursuant to law.
(g) Report.--Not later than 45 days after completion of the review
required under subsection (a), the head of the Strategic Cybersecurity
Program shall submit to the congressional defense committees--
(1) a report on the review required under subsection (a);
and
(2) a copy of the guidance required under subsection (d).
Subtitle B--Information Operations
SEC. 1511. MILITARY OPERATIONS IN INFORMATION ENVIRONMENT: AUTHORITY
AND NOTIFICATIONS.
(a) In General.--Chapter 19 of title 10, United States Code, is
amended by inserting after section 397 the following new section (and
conforming the table of contents at the beginning of such chapter
accordingly):
``Sec. 398. Military operations in information environment: authority
and notification requirements
``(d) Notification Requirements.--(1) The Secretary of Defense
shall promptly submit to the appropriate congressional committees
notice in writing of any clandestine military operation in the
information environment conducted under this title no later than 48
hours following such operation.
``(2)(A) The Secretary shall establish and submit to the
appropriate congressional committees procedures for complying with the
requirements of paragraph (1). The Secretary shall promptly notify the
appropriate congressional committees in writing of any changes to such
procedures at least 14 days prior to the adoption of any such changes.
``(B) The appropriate congressional committees shall ensure that
committee procedures designed to protect from unauthorized disclosure
classified information relating to national security of the United
States are sufficient to protect the information that is submitted to
the committees pursuant to this section.
``(C) In the event of an unauthorized disclosure of a clandestine
military operation in the information environment covered by this
section, the Secretary shall ensure, to the maximum extent practicable,
that the appropriate congressional committees are notified immediately
of the clandestine military operation in the information environment
concerned. The notification under this paragraph may be verbal or
written, but in the event of a verbal notification a written
notification shall be provided by not later than 48 hours after the
provision of the verbal notification.
``(e) Prohibition.--No clandestine military operation in the
information environment may be conducted which is intended to influence
United States political processes, public opinion, policies, or
media.''.
(b) Transfer.--Section 1631 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1741) is amended
as follows:
(1) Subsections (b), (c), and (d) are--
(A) transferred to section 398 of title 10, United
States Code, as added by subsection (a) of this
section;
(B) inserted before subsection (b) of such section
398; and
(C) redesignated as subsections (a), (b), and (c),
respectively.
(2) Subsection (e) is--
(A) transferred to such section 398;
(B) inserted after subsection (e) of such section;
and
(C) redesignated as subsection (f).
(3) Subsection (i) is--
(A) transferred to such section 398;
(B) inserted after subsection (f) of such section;
and
(C) redesignated as subsection (g).
(c) Quarterly Briefings.--Subsection (c) of section 398 of title
10, United States Code, as added by subsection (a) of this section and
designated by subsection (b), is amended by striking ``congressional
defense committees'' and inserting ``appropriate congressional
committees''.
(d) Definitions.--Subsection (g) of section 398 of title 10, United
States Code, as added by subsection (a) of this section and designated
by subsection (b), is amended--
(1) in paragraph (3), by inserting ``in the information
environment'' before ``, or associated''; and
(2) by adding at the end the following new paragraph:
``(4) The term `appropriate congressional committees'
means--
``(A) the congressional defense committees;
``(B) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
``(C) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.''.
SEC. 1512. 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. 1513. JOINT INFORMATION OPERATIONS COURSE.
(a) Joint Information Operations Course.--The Secretary of Defense
shall 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) Semiannual Reports.--On a semiannual basis through January 1,
2028, the Secretary shall submit to the congressional defense
committees a report on the course provided under subsection (a). 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. 1514. CONSISTENCY IN DELEGATION OF CERTAIN AUTHORITIES RELATING TO
INFORMATION OPERATIONS.
Except as otherwise provided specifically by law, if any roles or
responsibilities relating to information operations are assigned
pursuant to a provision of law or by the direction of the Secretary of
Defense to the Under Secretary of Defense for Policy, the Under
Secretary shall ensure that such roles or responsibilities are assigned
or otherwise delegated to the same position within the Office of the
Under Secretary of Defense of Policy.
SEC. 1515. ASSESSMENT AND OPTIMIZATION OF DEPARTMENT OF DEFENSE
INFORMATION OPERATIONS WITHIN THE CYBER DOMAIN.
(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, in
coordination with the Commander of the United States Cyber Command,
shall complete both an assessment and an optimization plan for
integrating all information and influence operations within cyberspace
across the Department of Defense.
(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 within
cyberspace.
(2) An examination of sufficiency of resources allocated
for information and influence operations within cyberspace.
(3) An evaluation of the command and control, oversight,
and management of matters related to information and influence
operations within cyberspace across the Office of the Secretary
of Defense and the Joint Staff.
(4) Any other matters determined relevant by the Principal
Information Operations Advisor and the Principal Cyber Advisor
to the Secretary of Defense, in coordination with the Commander
of the United States Cyber Command.
(c) Optimization Plan.--The optimization plan under subsection (a)
shall include the following:
(1) Actions that the Department will implement to integrate
all Department information and influence operations within
cyberspace in a manner that ensures the proper level of
visibility, unity of effort, synchronization, and
deconfliction.
(2) Coordination procedures within the Department to ensure
that coordination with the Commander of the United States Cyber
Command takes place with regard to unity of effort,
synchronization, deconfliction of information and influence
operations within cyberspace.
(3) An evaluation of potential organizational changes
required to optimize information and influence operations
within cyberspace.
(4) Any other matters determined relevant by the Principal
Information Operations Advisor and the Principal Cyber Advisor
to the Secretary of Defense, in coordination with the Commander
of the United States Cyber Command.
(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, in coordination with the Commander of the United
States Cyber Command, 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. 1516. REQUIREMENT TO NOTIFY CHIEF OF MISSION OF MILITARY OPERATION
IN THE INFORMATION ENVIRONMENT.
Section 398 of title 10, United States Code, as added and amended
by section 1511, is further amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) 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.''.
Subtitle C--Reports and Other Matters
SEC. 1531. ANNUAL REPORTS ON SUPPORT BY MILITARY DEPARTMENTS FOR
CYBERSPACE OPERATIONS.
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
cyberspace operations
``(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 fiscal year 2024 and each
fiscal year thereafter, 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.
``(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 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.
``(3) The adequacy of the investment toward cyber-peculiar
science and technology advancements, with an emphasis on
capability development for the cyber mission force.
``(4) The sufficiency of the policies, procedures, and
investments toward the military occupational specialty,
designator, rating, or Air Force specialty code responsible for
cyberspace operations.
``(5) In coordination with the Principal Cyber Advisor to
the Secretary of Defense, an evaluation of the use by the
military department of the shared lexicon of the Department of
Defense specific to cyberspace activities.
``(6) The readiness of the members contributing to the
cyber mission force and the cyberspace operations forces.
``(7) Any other element determined relevant by the
Commander.''.
SEC. 1532. 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 staffing
levels of the Office of the Chief Information Officer, 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 the carrying out the entirety of
the responsibilities specified in section 142(b) of title 10,
United States Code, 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 such section.
(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) Submittal to Congress.--Not later than 30 days after the date
of the completion of the review required under subsection (a), the
Secretary of Defense shall submit to the congressional defense
committees a copy of the review.
SEC. 1533. 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, in coordination with the Chief Digital and Artificial
Intelligence Officer and the Principal Cyber Advisor of the Department
and in consultation with the Under Secretary of Defense for Personnel
and Readiness, 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 a consideration of each of the following elements:
(1) The 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.
(2) Matters related to pay disparity and hindrances in
compensation relative to the skill sets and value of such
civilian employees in the private sector.
(3) Criteria for eligibility of potential Department of
Defense components and entities for participation in the Cyber
Excepted Service.
(4) 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.
(c) Recommendations.--The review required under subsection (a)
shall include 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 subsection (b).
(d) Submittal to Congress.--Not later than 30 days after the
completion of the review required under subsection (a), the Chief
Information Officer shall submit to the congressional defense
committees a copy of the review.
SEC. 1534. STANDARDIZATION OF AUTHORITY TO OPERATE APPLICATIONS IN THE
DEPARTMENT OF DEFENSE.
(a) Policy.--
(1) Requirement.--Not later than 270 days after the date of
the enactment of this Act, the Chief Information Officer of the
Department of Defense shall establish a policy with criteria
for the reciprocity of authority to operate for software and
hardware between all networks of the Department of Defense.
(2) Contents.--The policy under paragraph (1) shall contain
the following:
(A) Procedures for requesting an authority to
operate that applies to all networks of the Department.
(B) Guidance on when authorizing officials should
grant an information technology platform that has
already received an authority to operate on another
network of the Federal Government a reciprocal
authority to operate on a network of the Department of
Defense.
(C) A standardized format for documentation to
support the evaluation of a request for an authority to
operate.
(b) Single Platform.--Not later than one year after the date of the
enactment of this Act, the Chief Information Officer shall implement a
single software tool or platform for the submission and review of
requests for an authority to operate applications. The tool or platform
shall--
(1) be used by all authorizing officials of the Department
for the receipt, review, and adjudication of all such requests;
and
(2) authorize persons who submit such requests to see the
progress of the request at all steps in the review process.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Chief Information Officer shall submit to
the congressional defense committees a report on the following:
(1) The operational status of the software tool or platform
implemented under subsection (b).
(2) A list of all networks and authorizing officials of the
Department that are using the software tool or platform.
(3) A list of all networks and authorizing officials of the
Department that are not using the software tool or platform.
(d) Authority to Operate Defined.--In this section, the term
``authority to operate'' means the official management decision given
by a senior organizational official to authorize operation of an
information system and accept the risk to organizational operations.
SEC. 1535. ESTABLISHMENT OF HACKING FOR NATIONAL SECURITY AND PUBLIC
SERVICE INNOVATION PROGRAM.
(a) Support Authorized.--
(1) In general.--The Secretary of Defense shall establish a
Hacking for National Security and Public Service Innovation
Program (in this section referred to as the ``H4NSPSI
program'') within the National Security Innovation Network (in
this section referred to as the ``NSIN'').
(2) Coordinating authority.--The NSIN shall serve as the
coordinating authority for the H4NSPSI program and activities
under such program.
(3) Elements.--H4NSPSI program activities shall include the
following:
(A) Source problems at scale for the agencies
associated with the programs specified in subsection
(e).
(B) Recruit universities located in the United
States or in partner or allied nations to work on the
problems described in subparagraph (A).
(C) Train universities described in subparagraph
(B) on the methodology of Hacking for Defense.
(D) Support the universities described in
subparagraph (B) with content, curriculum, and other
support to develop solutions to the problems described
in subparagraph (A).
(E) Support the United States Government adoption
of solutions developed through the programs specified
in subsection (e).
(F) Support the development and acquisition of
talent within the agencies associated with the programs
specified in subsection (e).
(4) Objectives.--The H4NSPSI program may include the
following objectives:
(A) Increase funding for successful innovation
efforts that bridge the gap between innovative
organizations and the United States military.
(B) Increase funding for established drivers of
national security innovation within the Department of
Defense and other Federal agencies, including the
programs specified in subsection (e).
(C) Improve the ability of the Department of
Defense to maintain technological advantage over
competitors by leveraging private sector innovation at
scale.
(D) Through the use of existing authorities--
(i) strengthen United States national
security innovation efforts and activities; and
(ii) create additional opportunities for
collaboration and shared experience between the
Department of Defense, other Federal agencies,
the private sector, and academia through the
expansion of existing programs, partnerships,
and activities, including those specified in
subsection (e).
(E) Grow and sustain the innovation edge of the
United States by building and strengthening the
national security innovation base through collaboration
between the private sector, academia, the Department of
Defense, the Armed Forces, and other Federal agencies.
(F) Invest in the future of national security
innovation by inspiring a new generation to public
service, supporting the diversity of the United States
national security innovation workforce, and modernizing
government decision-making processes.
(G) Expand the United States science and technology
workforce by investing in STEM education and exposing
the national security workforce to cutting-edge,
innovative problem validation and solution development
practices.
(H) Develop best practices for the conduct of such
activities and programs.
(I) Identify experimental learning opportunities
for activity and program participants to interact with
operational forces and better understand national
security challenges.
(J) Participate in exchanges and partnerships with
Department of Defense science and technology
activities, as well as the science and technology
activities of other Federal agencies.
(b) Consultation.--In carrying out subsection (a), the Secretary of
Defense may consult with the heads of such Federal agencies,
universities, and public and private entities engaged in the
development of advanced technologies, as well as in the validation of
problems and adoption of solutions in response to national security
challenges, as the Secretary of Defense determines to be appropriate.
(c) Authorities.--The Secretary of Defense may develop and maintain
metrics to assess national security and public service innovation
programs and activities to ensure standards for programs supported
under subsection (a) are consistent and being met.
(d) Participation by Federal Employees and Members of the Armed
Forces.--The Secretary of Defense shall encourage Federal employees and
members of the Armed Forces through the service secretaries and service
chiefs and their counterparts in agencies associated with the programs
specified in subsection (e) to participate in the H4NSPSI program in
order to gain exposure to modern innovation and entrepreneurial
methodologies.
(e) Coordination.--In carrying out this section, the Secretary of
Defense shall consider coordinating and partnering with activities and
organizations involved in the following:
(1) Hacking for Defense.
(2) Hacking for Homeland Security.
(3) Hacking for Diplomacy.
(4) Hacking for Space.
(5) Hacking for Manufacturing.
SEC. 1536. 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) Update to Congress.--Not later than July 1, 2023, the
secretaries of the military services and the Assistant Secretary of
Defense for Special Operations and Irregular Warfare shall brief the
congressional defense committees on activities taken during the period
following the date of the briefing under subsection (d), including an
examination of establishing Tailored Cyberspace Operations
Organizations and utilization of the authority provided pursuant to
subsection (c).
``(f) 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 to the 90th Cyberspace Operations Squadron of the
United States Air Force.
``(2) A consideration of whether the 90th Cyberspace
Operations Squadron should be designated a controlled tour, as
defined by the Secretary.''.
SEC. 1537. 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. 1538. MANNING REVIEW OF SPACE FORCE CYBER SQUADRONS.
(a) Requirement.--Not later than 195 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 cumulative benefit for the Space Force 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. REVIEW OF DEFINITIONS ASSOCIATED WITH CYBERSPACE OPERATIONS
FORCES.
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 review and update 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)''. The review shall include--
(1) a comprehensive assessment of units and components of
the Department of Defense conducting defensive cyberspace
operations which are not currently included in such definition;
and
(2) a revised definition for such term that includes such
units and components within the Cyberspace Operations Forces.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
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) Findings.--Congress finds the following:
(1) Both Russia and China have demonstrated the capability
to target, degrade, and destroy satellites on orbit, whether
through kinetic or nonkinetic means.
(2) As recently as November 15, 2021, Russia demonstrated a
direct ascent antisatellite weapon.
(3) Also in 2021, China successfully ``grappled'' a
satellite and dragged the satellite out of its orbit to another
location in space, a capability that could be used on any other
object in space, including satellites of the Department of
Defense.
(b) 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.
(c) 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. NATIONAL SECURITY SPACE LAUNCH PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the acquisition approach for phase three of the
National Security Space Launch program should account for
changes in the launch industry and planned architectures of the
Space Force;
(2) the supply of launches for phase three may be impacted
by increases in commercial space launch demand;
(3) the Secretary of the Air Force should explore new and
innovative acquisition approaches to leverage launch
competition within the commercial market; and
(4) in developing the acquisition strategy for phase three,
the Secretary should--
(A) consider the scope of phase three manifest
requirements in comparison to the Orbital Services
Program and other potential contract vehicles for
launches;
(B) ensure the continued assured access to space;
(C) emphasize free, fair, and open competition;
(D) capitalize on competition across the commercial
launch industry;
(E) examine all possible options for awarding
contracts for launches during the period covered by the
phase, including, block-buys, indefinite delivery,
indefinite quantity, or a hybrid approach;
(F) consider tailorable mission assurance options
informed by previous launch vehicle performance
metrics;
(G) include options for adding launch providers,
launch systems, or both, during the execution of phase
three to address manifest changes beyond the planned
national security space unique launches at the time of
initial award;
(H) maintain understanding of the commercial launch
industry and launch capacity needed to fulfill the
requirements of the National Security Space Launch
program; and
(I) allow for rapid development and on-orbit
deployment of enabling and transformational
technologies required to address emerging requirements,
including with respect to--
(i) delivery of in-space transportation,
logistics, and on-orbit servicing capabilities
to enhance the persistence, sensitivity, and
resiliency of national security space missions
in a contested space environment;
(ii) proliferated low-Earth orbit
constellation deployment;
(iii) routine access to extended orbits
beyond geostationary orbits, including cislunar
orbits;
(iv) payload fairings that exceed current
launch requirements;
(v) increased responsiveness for heavy lift
capability;
(vi) the ability to transfer orbits,
including point-to-point orbital transfers;
(vii) capacity and capability to execute
secondary deployments;
(viii) high-performance upper stages;
(ix) vertical integration; and
(x) other new missions that are outside the
parameters of the nine design reference
missions that exist as of the date of the
enactment of this Act.
(b) Quarterly Briefings.--On a quarterly basis until the date on
which the Secretary of the Air Force awards a phase three contract, the
Commander of the Space Systems Command shall provide to the appropriate
congressional committees a briefing on the development of the phase
three acquisition strategy, including how the matters described
subsection (a) are being considered in such strategy.
(c) Notification of Results of Mission Assignment Board.--Not later
than 14 days after the date on which a phase two mission assignment
board is completed, the Commander of the Space Systems Command shall
notify the appropriate congressional committees of the launch
assignment results of the board.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees with
respect to all briefings provided under subsection (b)
and notifications made under subsection (c); and
(B) in addition to the congressional defense
committees, the Permanent Select Committee on
Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate with
respect to--
(i) briefings required under subsection (b)
regarding requirements of the intelligence
community being incorporated into phase three
planning; and
(ii) notifications made under subsection
(c) regarding an assignment that includes
capabilities being launched for the
intelligence community.
(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)).
(2) The term ``phase three'' means, with respect to the
National Security Space Launch program, launch missions ordered
under the program after fiscal year 2024.
(3) The term ``phase two'' means, with respect to the
National Security Space Launch program, launch missions ordered
under the program during fiscal years 2020 through 2024.
SEC. 1604. RESPONSIVE SPACE STRATEGY, PRINCIPLES, MODEL ARCHITECTURE,
AND IMPLEMENTATION PLANS.
(a) Strategy, Principles, and Model Architecture.--Not later than
270 days after the date of the enactment of this Act, the Chief of
Space Operations and the Commander of the United States Space Command
shall jointly develop a responsive space strategy, principles, and a
model architecture to be implemented across the United States Space
Command and the Combined Force Space Component Command.
(b) Elements.--The responsive space strategy, principles, and model
architecture under subsection (a) shall include, at a minimum, the
following elements:
(1) Prioritized policies and procedures.
(2) Policies specific to launch, buses, payloads, ground
infrastructure, and networks.
(3) Specification of enterprise-wide acquisitions of
capabilities conducted pursuant to the policies referred to in
paragraph (2).
(4) Roles, responsibilities, functions, and operational
workflows of responsive space architecture and infrastructure
personnel--
(A) of the Army, Navy, Air Force, Marine Corps, and
Space Force and the combatant commands; and
(B) the Combined Force Space Component Command.
(c) Architecture Development and Implementation.--In developing and
implementing the responsive space strategy, principles, and model
architecture under subsection (a), the Chief of Space Operations and
the Commander of the United States Space Command shall coordinate
with--
(1) the Space Acquisition Council;
(2) the Director of the Defense Advanced Research Projects
Agency;
(3) the Chairman of the Joints Chiefs of Staff; and
(4) any other component of the Department of Defense, as
jointly determined by the Chief of Space Operations and the
Commander.
(d) Implementation Plans.--
(1) In general.--The Chief of Space Operations and the
Commander of the United State Space Command shall ensure that,
not later than one year after the finalization of the
responsive space strategy, principles, and model architecture
under subsection (a), each Space Force delta transmits to the
Chief and the Commander a draft plan to implement such
responsive space strategy, principles, and model architecture
with respect to such delta.
(2) Elements.--Each implementation plan under paragraph (1)
shall include, at a minimum, the following with respect to the
Space Force delta covered by the plan:
(A) Specific acquisitions, implementations,
instrumentations, and operational workflows to be
implemented across responsive space architectures and
infrastructures.
(B) A detailed schedule with target milestones and
required expenditures.
(C) Interim and final metrics, including a phase
mitigation plan.
(D) Identification of additional funding,
authorities, organizational changes and policies, as
may be required.
(E) Requested waivers, exceptions to policies of
the Department of Defense, and expected delays.
(e) Implementation Oversight.--The Chief of Space Operations
shall--
(1) assess the implementation plans under subsection (d)(1)
for--
(A) adequacy and responsiveness to the responsive
space strategy, principles, and model architecture
under subsection (a); and
(B) appropriate use of enterprise-wide
acquisitions;
(2) ensure, at a high level, the interoperability and
compatibility of individual implementation plans of the Space
Force deltas;
(3) track the use of waivers and exceptions to policy;
(4) develop a Responsive Space Scorecard to track and drive
implementation of the plans by the Space Force Deltas; and
(5) leverage the authorities of the Commander of the United
States Space Command to begin implementation of such responsive
space strategy, principles, and model architecture.
(f) Initial Briefings.--
(1) Responsive space strategy, principles, and model
architecture.--Not later than 90 days after finalizing the
responsive space strategy, principles, and model architecture
under subsection (a), the Chief of Space Operations and the
Commander of the United States Space Command shall provide to
the congressional defense committees a briefing on such
responsive space strategy, principles, and model architecture.
(2) Implementation plans.--Not later than 90 days after the
receipt by the Chief of Space Operations of an implementation
plan transmitted under to subsection (d)(1), the Chief shall
provide to the congressional defense committees a briefing on
such implementation plan.
(g) Annual Briefing.--During each annual briefing provided by the
Chief of Space Operations to the congressional defense committees on
the budget occurring during the period beginning February 1, 2023, and
ending January 1, 2031, the Chief shall provide updates on the
implementation of the responsive space strategy, principles, and
architecture under subsection (a).
(h) Notification Reforms.--Section 9021(c) of title 10, United
States Code, is amended--
(1) by striking paragraph (2); and
(2) by striking ``(1) The Council'' and inserting ``The
Council''.
SEC. 1605. RESPONSIVE SPACE DEMONSTRATIONS.
(a) Sense of Congress.--It is the sense of Congress that
demonstrating the ability of the United States to rapidly respond to
adversarial threats to the space systems of the United States serves as
a compelling strategic deterrent to adversaries and informs how
responsive, resilient, and affordable space and launch capabilities can
help counter growing adversarial threats on an operationally relevant
timeline.
(b) Establishment of Program.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, in
consultation with the Chief of Space Operations and the Commander of
the United States Space Command, shall establish a program to
demonstrate responsive space capabilities through operational
exercises, wargames, and table-top exercises.
(c) Initial Demonstration.--
(1) Mission.--In carrying out the program under subsection
(b), the Secretary shall conduct a rapid reconstitution
deterrence demonstration mission to--
(A) design, develop, and understand the benefit of
rapid space reconstitution and space augmentation;
(B) simulate real-world scenarios through wargames
and table-top exercises, including contested
environment scenarios, in which threats to the space
capabilities of the United States may be offset or
mitigated by responsive space capabilities;
(C) validate the ability to provide an end-to-end
responsive space mission with responsive launch,
satellite deployment, and data to users within rapid
mission call-up timelines; and
(D) integrate such launches with the joint force
under simulated contested conditions through the rapid
deployment of launch infrastructure to existing Major
Range and Test Facility Bases.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the mission under
paragraph (1), including--
(A) an assessment of the mission with respect to
the operational and strategic benefits to the space-
related missions of the Department of Defense;
(B) a proposed organization and management
structure of the mission;
(C) a timeline for implementing the demonstrations
under the mission; and
(D) budget estimates and financial forecast for the
demonstrations.
SEC. 1606. ALLIED RESPONSIVE SPACE CAPABILITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the common interest of the United States and
allies and partners of the United States to strive for
accessibility and flexibility for delivering assets into space
on a responsive timeline;
(2) the United States should implement joint United States-
allied space missions that demonstrate rapid, rapid launch,
reconstitution and satellite augmentation from locations in the
Indo-Pacific, European, and other theaters of operations;
(3) the United States should leverage allied and partner
spaceports to diversify and disaggregate launch sites across
the world for a multitude of missions, including national
security missions; and
(4) it is important for the United States to have
operational and contracting steps established with allies and
partners to ensure readiness and preparedness for responding to
or deterring any unknown threats.
(b) Initiatives.--The Secretary of the Defense and the Secretary of
State shall jointly--
(1) 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; and
(2) designate a single official responsible for
coordinating responsive space activities with allied partners.
(c) 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, the
Commander of the United States Space Command, and the Secretary of
State, 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 leveraging
investments from the Pacific Deterrence Initiative and the
European Deterrence Initiative.
(d) 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. REPORT ON TACTICALLY RESPONSIVE SPACE CAPABILITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Space Safari tactically responsive launch-2 mission
of the Space Systems Command of the Space Force successfully
demonstrated the ability of the Space Force to rapidly
integrate, launch, and operate a satellite on orbit on a
timeline that would be needed for rapid reconstitution or to
respond to real-time hostile activities occurring in the
domain;
(2) the Space Force should continue these efforts, and
broaden the program beyond the logistics of launch and
operations to also focus on lifecycle concepts of operation, as
well as any contractual mechanisms that should be required in
future programs to take into account the need for rapid
reconstitution and responsiveness;
(3) the Chief of Space Operations should formalize
tactically responsive requirements for all space capabilities
carried out under title 10, United States Code; and
(4) to take into totality the effort required for
tactically responsive launch, the Space Force should consider
adding a corresponding budget line item for ``Tactically
Responsive Space'' to fund areas beyond launch that would
contribute to responsive space activities.
(b) Report.--Not later than 30 days after the date on which the
budget of the President for fiscal year 2024 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the Chief of
Space Operations shall submit to the congressional defense committees a
report on planned tactically responsive space activities pursuant to
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) included during the period covered by the most recent
future-years defense program submitted under section 221 of title 10,
United States Code (as of the date of the report), including a detailed
budget plan for launch activities and all other efforts needed to
enable tactically responsive space capabilities.
SEC. 1608. SENSE OF CONGRESS ON RANGE OF THE FUTURE AND SUPPORT TO
COMMERCIAL SPACE LAUNCH ACTIVITY.
It is the sense of Congress that--
(1) section 1610 of the National Defense Authorization Act
for Fiscal Year 2022 contained a provision requiring the United
States Space Force to deliver a report on its Range of the
Future initiative;
(2) based on the details in that report, that the Nation's
launch service providers, consistent with decades of national
policy, now lead the world in space access, that United States
leadership in this strategic capability is critical to national
security and economic vitality, and that it is critical to the
Nation to continue encouraging and enabling United States space
access capabilities to flourish and expand;
(3) the rapid growth of the commercial launch industry
places a growing demand on Department of Defense resources at
Federal space launch ranges, and that this demand growth will
continue for the foreseeable future;
(4) the 1960s-era infrastructure of the two Department of
Defense launch ranges primarily responsible for meeting its
assured access to space mission under section 2273 of title 10,
United States Code, and complying with section 2276 of such
title, is under increasing strain, and needs to be replaced
with a modern, state of the art launch infrastructure that
encourages and enables continued growth and leadership in space
access;
(5) maintenance of common use critical infrastructure like
roads, culverts, bridges, deluge and water treatment
facilities, supply lines, and electrical networks, among
others, require immediate attention;
(6) investments in infrastructure have not kept pace with
commercial demand primarily due to existing authorities which
limit reimbursement, flexible financial investment facilities,
and reinvestment of revenue in spaceport sustainment,
modernization, and growth;
(7) the burgeoning commercial space industry requires a
more holistic, responsive process leveraging public and private
investment;
(8) the Department of Defense is constrained to provide
services to commercial users only when not needed for public
use, yet at the same time must promote commercial space launch
capabilities as a critical enabler to national security;
(9) the United States Space Force has made great use of
existing authorities and those provided by other non-Federal
entities to leverage other sources of commercial and State
investment to keep pace with demand;
(10) a similar State business development entity would be
useful for supporting commercial space launch capability
development in California at Vandenberg Space Force Base and
other spaceports, and Congress looks forward to assisting the
Department of Defense in improving its ability to plan and
support commercial innovation while continuing to provide world
class launch and test facilities; and
(11) the Secretary and the Department should engage with
all stakeholders, including NASA, other relevant Federal
agencies, and the associated congressional authorizing
committees of jurisdiction, in any reporting, negotiation,
policy, and potential legislative proposals on this matter.
SEC. 1609. REPORT ON HYPERSPECTRAL SATELLITE TECHNOLOGY.
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 how hyperspectral satellite technology being
developed and tested by domestic commercial satellite companies may be
incorporated in the Department of Defense's existing and future
greenhouse gas reduction efforts.
SEC. 1610. REPORT ON SPACE DEBRIS.
(a) In General.--Not later than 240 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the risks posed by
man-made space debris in low-earth orbit, including--
(1) recommendations with respect to the remediation of such
risks; and
(2) outlines of plans to reduce the incident of such space
debris.
(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.
SEC. 1611. PLAN ON PILOT PROGRAM FOR DEPLOYMENT OF DEDICATED X-BAND
SMALL SATELLITE COMMUNICATIONS.
(a) Plans.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary of Defense for
Special Operations and Low-Intensity Conflict and the Assistant
Secretary of the Air Force for Space Acquisition and
Integration, shall jointly submit to the congressional defense
committees a plan for a pilot program for the deployment of
dedicated X-band small satellite communications technologies
that may support current and future requirements of special
operations forces.
(2) Plan elements.--The plan submitted under paragraph (1)
shall include the following:
(A) A description of authorities that would be used
to execute the proposed pilot program.
(B) A timeline for the implementation and duration
of the proposed pilot program.
(C) An identification of the dedicated X-band small
satellite communication technologies required to
implement the proposed pilot program.
(D) The costs, per fiscal year, for the
development, deployment, and operations of the proposed
pilot program.
(E) A comprehensive description and assessment of
the proposed pilot program.
(F) Such recommendations for legislative or
administrative action the Assistant Secretaries jointly
determine appropriate, including the feasibility of--
(i) extending the term of the proposed
pilot program; or
(ii) expanding the proposed pilot program
to other activities of the Department of
Defense beyond special operations forces.
(b) Special Operations Forces Defined.--The term ``special
operations forces'' means forces described under section 167(j) of
title 10, United States Code.
SEC. 1612. REPORT ON STRATOSPHERIC BALLOONS, AEROSTATS, OR SATELLITE
TECHNOLOGY CAPABLE OF RAPIDLY DELIVERING WIRELESS
INTERNET.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Air Force and the Secretary of State, in
consultation with the Chief of Space Operations, shall provide a report
to the Senate Foreign Relations Committee, House Foreign Affairs
Committee, Senate Armed Services Committee and House Armed Services
Committee that identifies opportunities to deploy stratospheric
balloons, aerostats, or satellite technology capable of rapidly
delivering wireless internet anywhere on the planet from the
stratosphere or higher. The report shall identify commercial as well as
options developed by the Department of Defense. Additionally, the
report shall provide an assessment of the military utility of such
opportunities.
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 Under
Secretary of Defense for Intelligence and Security, in coordination
with the Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict, 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 Under Secretary considers
appropriate.''.
SEC. 1622. EXECUTIVE AGENT FOR EXPLOSIVE ORDNANCE INTELLIGENCE.
(a) In General.--Subchapter I of chapter 21 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 430c. Executive agent for explosive ordnance intelligence
``(a) Designation.--The Secretary of Defense shall designate the
Director of the Defense Intelligence Agency as the executive agent for
explosive ordnance intelligence.
``(b) Definitions.--In this section:
``(1) The term `explosive ordnance intelligence' means
technical intelligence relating to explosive ordnance (as
defined in section 283(d) of this title), including with
respect to the processing, production, dissemination,
integration, exploitation, evaluation, feedback, and analysis
of explosive ordnance using the skills, techniques, principles,
and knowledge of explosive ordnance disposal personnel
regarding fuzing, firing systems, ordnance disassembly, and
development of render safe techniques, procedures and tools,
publications, and applied technologies.
``(2) The term `executive agent' has the meaning given the
term `DoD Executive Agent' in Directive 5101.1.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
430b the following new item:
``430c. Executive agent for explosive ordnance intelligence.''.
(c) Date of Designation.--The Secretary of Defense shall make the
designation under section 430c of title 10, United States Code, as
added by subsection (a), by not later than 30 days after the date of
the enactment of this Act.
SEC. 1623. INFORMATION ON COVER AND COVER SUPPORT ACTIVITIES.
(a) Information.--Not less frequently than quarterly, the Secretary
of Defense shall provide to the appropriate congressional committees
information on the cover and cover support activities of the Department
of Defense, including commercial activities conducted pursuant to
section 431 of title 10, United States Code.
(b) Elements.--The Secretary shall ensure that the information
provided under subsection (a) includes, with respect to the period
covered by the information, the following:
(1) A detailed description of each activity, operation, or
other initiative for which an element of the Department of
Defense has provided cover or engaged in cover support
activities, including--
(A) a description of the specific cover and cover
support activities; and
(B) whether such cover and cover support activities
began before or during such period.
(2) Any other matters the Secretary determines appropriate.
(c) Form.--The information under subsection (a) may be provided in
classified form.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 1624. FUNDING FOR RESEARCH AND DEVELOPMENT OF ADVANCED NAVAL
NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED URANIUM.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by this
title for the National Nuclear Security Administration, as specified in
the corresponding funding table in section 4701, for Defense Nuclear
Nonproliferation, Defense Nuclear Nonproliferation R&D is hereby
increased by $20,000,000 for the purpose of LEU Research and
Development for Naval Pressurized Water Reactors.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by this
title for the National Nuclear Security Administration, as specified in
the corresponding funding table in section 4701, for Defense Nuclear
Nonproliferation is hereby reduced--
(1) by $10,000,000 for the amount for nuclear smuggling
detection and deterrence; and
(2) by $10,000,000 for the amount for nuclear detonation
detection.
Subtitle C--Nuclear Forces
SEC. 1631. IMPROVEMENTS TO NUCLEAR WEAPONS COUNCIL.
(a) Meetings.--Subsection (b) of section 179 of title 10, United
States Code, is amended--
(1) in paragraph (1), by inserting ``and (4)'' after
``paragraph (2)''; and
(2) by adding at the end the following new paragraph:
``(4) At least once annually, the Council shall hold a
meeting that includes the Deputy Secretary of Defense, who may
serve as chair for that meeting.''.
(b) Responsibilities.--Subsection (d) of such section is amended--
(1) by redesignating paragraphs (10), (11), and (12) as
paragraphs (11), (12), and (13), respectively;
(2) 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
(3) 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.''.
(c) Reports Relating to Safety.--Subsection (e) of such section is
amended by striking ``conducted by the Council'' and inserting ``for
which the Council has received a briefing''.
(d) Plans and Budget.--Subsection (f) of such section is amended to
read as follows:
``(f) Review and Assessment of Plans and Budget to Support Nuclear
Weapons Requirements.--(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) 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 assessment conducted under paragraph (1) with
respect to that budget.
``(B) An assessment 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 (as determined pursuant
to section 4717 of the Atomic Energy Defense
Act (50 U.S.C. 2757) 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 the
requirements to produce war reserve plutonium pits
under section 4219(a) of such Act (50 U.S.C. 2538a(a)).
``(C) If the assessment 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.
``(3) If a member of the Council does not concur in an assessment
under paragraph (2), the report under such paragraph shall include a
written explanation from the non-concurring member describing the
reasons for the member's non-concurrence.
``(4) In this subsection, the term `budget' has the meaning given
that term in section 231(f) of this title.''.
(e) Updates on Meetings.--Subsection (g)(1)(A) of such section is
amended by inserting before the semicolon the following: ``and the
members who attended each meeting''.
(f) Conforming Amendment.--Section 4717(b)(2) of the Atomic Energy
Defense Act (50 U.S.C. 2757(b)(2)) is amended--
(1) in subparagraph (A), by inserting ``and'' after the
semicolon; and
(2) by striking subparagraphs (B) and (C) and inserting the
following new subparagraph (B):
``(B) submit to the congressional defense
committees the information required under section
179(f)(2) of title 10, United States Code.''.
SEC. 1632. 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 will coordinate such
identification, management, and prioritization with the
Secretary of Energy; 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.
``(b) Annual Briefings.--(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, 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.
``(c) 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 supporting infrastructure for nuclear weapons,
the delivery platforms and systems for nuclear weapons, and
nuclear command, control, and communications systems, including
related personnel, facilities, 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 briefings under
paragraph (1) in classified form.
SEC. 1633. MODIFICATION 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) 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. 1634. NUCLEAR-CAPABLE SEA-LAUNCHED CRUISE MISSILE.
(a) Findings.--Congress finds the following:
(1) Several senior military officers, including the
Chairman and Vice Chairman of the Joint Chiefs of Staff and the
Commander of United States Strategic Command, have offered
their support for continued research and development of a
nuclear-capable sea-launched cruise missile to strengthen
nuclear deterrence.
(2) Deploying a nuclear-capable sea-launched cruise missile
on naval vessels would ``not come without a cost'', as was
testified by Chief of Naval Operations Admiral Mike Gilday.
Admiral Gilday described the challenges associated with
training, sustainability, reliability, and readiness that would
be associated with adding a nuclear mission and went on to say
that he was ``not convinced yet that we need to make a
$31,000,000,000 investment in that particular system to close
that particular gap''. Instead, he recommended keeping ``a
small amount of money'' for research and development of the
nuclear-capable sea-launched cruise missile as the Department
of Defense seeks to better understand the implications of
living with two nuclear-armed peer competitors.
(b) Reports.--
(1) Deterrence.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of the 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 and China,
including--
(A) an assessment of the current and future theater
nuclear capabilities and doctrine of Russia and China;
(B) an explanation of the strategy and capabilities
of the United States for deterring theater nuclear
employment; and
(C) 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.
(2) Cost.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit
to the congressional defense committees a report that describes
the full cost of developing, producing, fielding, and
maintaining nuclear-capable sea-launched cruise missiles
through at least 2050, including--
(A) the costs associated with research and
development and production of the missile;
(B) the costs associated with modifications to port
infrastructure;
(C) the costs associated with nuclear
certification, personnel training, and operations; and
(D) any other incremental costs compared to
sustaining and operating nonnuclear naval vessels.
(3) Operational limitations.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of the
Navy shall submit to the congressional defense committees a
report that describes any operational limitations and trade-
offs that would be associated with deploying nuclear-capable
sea-launched cruise missiles on naval vessels, including--
(A) the effect of allocating missile or torpedo
tubes from conventional munitions to nuclear munitions;
(B) operational constraints and trade-offs
associated with reserving or limiting naval vessels on
account of nuclear mission requirements;
(C) trade-offs in posture and capabilities that the
Navy would likely face if the Navy had to allocate more
resources to a nuclear-capable missiles; and
(D) any other issues identified by the Secretary.
(4) 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 warhead for a nuclear-capable sea-launched cruise
missile, including--
(A) the cost of developing, producing, and
sustaining the warhead;
(B) the timeline for the design, production, and
fielding of the warhead; and
(C) an assessment of how the pursuit of the warhead
would 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
Administrator added a nuclear-capable sea-launched
cruise missile warhead to the portfolio of such
programs.
(5) Preferred course of action.--To inform the reports
under this subsection, not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
identifying 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.
(c) 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--
(A) each of the reports under subsection (b), an
unclassified version of the 2022 Nuclear Posture
Review, 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; and
(B) the Secretary of Defense, in coordination with
the Administrator for Nuclear Security, certifies to
the congressional defense committees that the
development and deployment of a nuclear-capable sea-
launched cruise missile is required to meet a valid
military requirement and would not create significant
risk to conventional or nuclear deterrence by
constraining conventional military operations or
trading-off with the pursuit of other conventional or
nuclear military capabilities.
(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.
(d) 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).
SEC. 1635. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF INFORMATION RELATING TO PROPOSED BUDGET FOR NUCLEAR-
ARMED SEA-LAUNCHED CRUISE MISSILE.
In addition to the limitation under section 1640 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 2092), 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 the Navy for travel by the Secretary of the Navy, not more
than 50 percent may be obligated or expended until the Secretary
submits to the congressional defense committees all written
communications from or to personnel of the Department of the Navy
regarding the proposed budget amount or limitation for the nuclear-
armed sea-launched cruise missile contained in the defense budget
materials (as defined by section 231(f) of title 10, United States
Code) relating to the Navy for fiscal year 2023.
SEC. 1636. 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'').
Subtitle D--Missile Defense Programs
SEC. 1641. REPEAL OF REQUIREMENT TO TRANSITION BALLISTIC MISSILE
DEFENSE PROGRAMS TO THE MILITARY DEPARTMENTS.
Section 1676 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 4205 note) is amended by
striking subsection (b).
SEC. 1642. FIRE CONTROL ARCHITECTURES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the new missile track and warning architecture in the
budget request of the President for fiscal year 2023 makes a
needed and significant shift to a more resilient and robust
capability that will be necessary to address future threats in
the domain;
(2) the tranche 1 and 2 capabilities of the Space
Development Agency are critical to such new architecture and
should continue to be funded appropriately to deliver missile
track and warning capability from low-Earth orbit in the mid-
2020s timeframe;
(3) section 1645 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 134 Stat. 4062) directs the Director of the
Missile Defense Agency to develop a sensor payload to be
integrated into architecture of the Space Development Agency or
Space Force to provide fire control quality data that would
enable the interception of both ballistic and hypersonic
threats;
(4) as the Space Warfighting Analysis Center of the Space
Force reviews candidate architectures for fire control quality
data, the Center should take into account the investment made
to date and capability being developed by the hypersonic and
ballistic tracking space sensor program for integration into
the future architecture; and
(5) the Center should also consider current or planned
programs of the intelligence community that could be integrated
to increase the ability to contribute to fire control
architectures of the Department of Defense.
(b) 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).
(c) 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. 1643. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL REQUIRED
ACQUISITION AUTHORITY DESIGNATION RELATING TO CAPABILITY
TO DEFEND THE HOMELAND FROM CRUISE MISSILES.
(a) Finding.--Congress finds that the Secretary of Defense has yet
to designate a military department or Defense Agency with acquisition
authority with respect to the capability to defend the homeland from
cruise missiles in accordance with section 1684(e) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 4205 note).
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the Department
of Defense for travel by the Deputy Secretary of Defense, not more than
90 percent may be obligated or expended until the Secretary of Defense
designates a military department or Defense Agency with acquisition
authority with respect to the capability to defend the homeland from
cruise missiles.
(c) Defense Agency Defined.--In this section, the term ``Defense
Agency'' has the meaning given that term in section 101(a)(11) of title
10, United States Code.
SEC. 1644. LIMITATION ON AVAILABILITY OF FUNDS UNTIL SUBMISSION OF
REPORT ON LAYERED DEFENSE FOR THE HOMELAND.
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 operating the Office of Space Policy, not more than 75
percent may be obligated or expended until the Secretary of Defense
submits to the congressional defense committees the report described in
House Report 117-118 under the heading ``Layered Defense for the
Homeland''.
SEC. 1645. 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 National Intelligence, shall
seek to cooperate with allies and partners of the United States in the
area of responsibility of the United States Central Command to improve
integrated air and missile defense capability to protect the people,
infrastructure, and territory of such allies and partners from cruise
and ballistic missiles, manned and unmanned aerial systems, and rocket
attacks from Iran. The Secretary shall seek to cooperate with countries
that have the ability to contribute to, adopt, and maintain an
integrated air and missile defense capability, and a commitment to
countering air and missile threats to bring security to the region.
(b) Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, consistent with the protection of
intelligence sources and methods, the Secretary shall submit to
the appropriate congressional committees a strategy on
increasing cooperation with allies and partners in the area of
responsibility of the United States Central Command to
implement an integrated air and missile defense architecture to
protect the people, infrastructure, and territory of such
allies and partners from cruise and ballistic missiles, manned
and unmanned aerial systems, and rocket attacks from Iran.
(2) Contents.--The strategy submitted under paragraph (1)
shall include the following for countries the Secretary
determines meets the characteristics of subsection (a):
(A) An assessment of the threat of ballistic and
cruise missiles, manned and unnamed aerial systems, and
rocket attacks from Iran.
(B) A description of current efforts to coordinate
indicators and warnings from such attacks with allies
and partners in the region.
(C) An analysis of United States allied and partner
systems currently in the region to defend against air
and missile attacks.
(D) An explanation of how an integrated regional
air and missile defense architecture would improve
collective security in the Central Command area of
responsibility, similar to that of the European
Command.
(E) A description of efforts to engage specified
foreign partners in establishing such an architecture.
(F) An identification of any challenges in
establishing an integrated air and missile defense
architecture with specified foreign partners, including
assessments of the capacity of specified foreign
partners to--
(i) rapidly share and respond to
intelligence on ballistic and cruise missiles,
manned and unmanned aerial systems, and rocket
attacks from Iran, and their ability to develop
such capacity independent of direct United
States support and oversight;
(ii) independently operate key technical
components of such an architecture, including
satellite sensors, ground- or sea-based radars,
and interceptors; and
(iii) operate command and control centers
directing the operation of such an
architecture.
(G) An assessment of the overall cost to the United
States for providing support for the establishment and
sustainment of such an architecture over 5 and 10-year
periods.
(H) A description of relevant coordination with the
Secretary of State and the ways in which such an
architecture advances United States regional diplomatic
goals and objectives.
(I) 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 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. 1646. 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. 1647. REPORT ON INTEGRATED AIR AND MISSILE DEFENSE SENSOR OF
UNITED STATES INDO-PACIFIC COMMAND.
(a) Sense of Congress.--It is the sense of Congress that the budget
of the President for fiscal year 2023 submitted to Congress pursuant to
section 1105 of title 31, United States Code--
(1) includes funding to develop and procure an integrated
air and missile defense architecture to defend Guam that
includes multiple mobile components located across Guam,
however, a full assessment of the manning and infrastructure
needed to support those components, including items such as
power, water, and availability of personnel housing, was not
included in the overall determination of feasibility; and
(2) did not include funding for the continued development
of the discrimination radar for homeland defense planned to be
located in Hawaii because of an ongoing reevaluation of the
missile defense posture and sensor architecture in the area of
responsibility of the United States Indo-Pacific Command.
(b) Report.--
(1) Requirement.--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
findings of the review conducted by the Secretary of the
integrated air and missile defense sensor architecture of the
United States Indo-Pacific Command.
(2) Investments.--The report under paragraph (1) shall
identify the investments that should be made to increase the
detection of non-ballistic threats and improve the
discrimination of ballistic missile threats, particularly with
regard to Hawaii.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, and may include a classified
annex.
(c) Review of Integrated Air and Missile Defense Architecture to
Defend Guam.--
(1) Requirement.--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 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.
SEC. 1648. RISK REDUCTION IN PROCUREMENT OF GUAM MISSILE DEFENSE
SYSTEM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the defense of Guam and the Armed Forces that operate
there is of key strategic significance and is one of the top
priorities for United States Indo-Pacific Command and the
United States;
(2) the most severe adversary threat to Guam consists of
long-range hypersonic and cruise missiles launched from a
variety of air, land, and sea-based platforms;
(3) the current plan of the Missile Defense Agency using a
mixed architecture which, when applied to the launcher systems,
relies on numerous road-mobile transport erector launchers for
launching, and is an unproven and high-risk plan; and
(4) the existing vertical launch system, which can
accommodate the standard missile-3 and the standard missile-6,
is a more capable and tested system and provides reasonable
risk reduction to the short-term missile defense of Guam, and
in the long term provides much needed capacity increase.
(b) Authority for Procurement.--Except as provided by subsection
(c), 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 as of the date of
the enactment of this Act.
(c) Waiver.--The Secretary may waive the requirement under
subsection (b) if--
(1) the Secretary determines that the waiver is in the best
interest of the national security of the United States;
(2) the Secretary submits to the congressional defense
committees a notification of such waiver, including a
justification; and
(3) a period of 120 days has elapsed following the date of
such notification.
SEC. 1649. PLAN ON DELIVERING SHARED EARLY WARNING SYSTEM DATA TO
CERTAIN ALLIES AND PARTNERS OF THE UNITED STATES.
(a) Findings.--Congress finds the following:
(1) The Shared Early Warning System currently provides
accurate and timely ballistic missile warning information
generated by space-based infrared sensors to the United States
and select foreign countries.
(2) As has been demonstrated in Russia's unlawful invasion
of and war in Ukraine, missile warning data provided to allies
and partners of the United States could allow for critical
warning to prevent widespread civilian casualties.
(3) The rapid technical fielding of Shared Early Warning
System capabilities should be prioritized in future bilateral
defense negotiations with allies and partners of the United
States.
(b) 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.
(c) 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.
(d) 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. 1650. 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. 1651. REPORT ON MISSILE DEFENSE INTERCEPTOR SITE IN CONTIGUOUS
UNITED STATES.
(a) Requirement.--Not later than March 31, 2023, the Secretary of
Defense, acting through the Director of the Missile Defense Agency,
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.
(b) Funding.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the Missile
Defense Agency for unspecified military construction planning and
design, not more than $5,000,000 may be obligated or expended for
activities associated with a missile defense interceptor site in the
contiguous United States described in subsection (a).
SEC. 1652. REPORT ON GUN LAUNCHED INTERCEPTOR TECHNOLOGIES.
Not later than March 31, 2023, the Secretary of Defense, acting
through the Commanding General of the Army Space and Missile Defense
Command, shall submit to the congressional defense committees a report
containing--
(1) an assessment of the need for gun launched interceptor
technologies; and
(2) a funding profile, by year, of the total cost of
integrating and testing such technologies that are under
development.
SEC. 1653. REPORT ON RADIATION HARDENED, THERMALLY INSENSITIVE
TELESCOPES FOR SM-3 INTERCEPTOR.
Not later than March 31, 2023, the Secretary of Defense, acting
through the Director of the Missile Defense Agency, shall submit to the
congressional defense committees a report containing--
(1) an assessment of the requirement to develop radiation
hardened, thermally insensitive sensors for missile defense;
and
(2) a funding profile, by year, of the total cost of
integrating and testing such sensors that are under
development.
Subtitle E--Other Matters
SEC. 1661. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $341,598,000 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. 1662. STUDY OF WEAPONS PROGRAMS THAT ALLOW THE ARMED FORCES TO
ADDRESS HARD AND DEEPLY BURIED TARGETS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the ability of the United States to hold at risk hard
and deeply buried targets now and in the future is critical;
and
(2) while the Department of Defense is undertaking a study
of nuclear and nonnuclear options to hold at risk this growing
target set, Congress is concerned about the progress of this
study.
(b) Study.--Not later than 90 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 and the Commander of the United
States Strategic Command, and in consultation with the Administrator
for Nuclear Security, shall submit to the congressional defense
committees a study on options to hold at risk hard and deeply buried
targets.
(c) Elements.--The study under subsection (b) 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; and
(B) the associated military requirements for the
United States Strategic Command, including the
importance of threatening the targets to meeting the
objectives of the United States.
(2) A study of weapons programs that allow the Armed Forces
to address hard and deeply buried targets, 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
program of the B83 nuclear gravity bomb as one of the
options.
(3) A proposed strategy for fielding capabilities 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 five-year funding profile for the
preferred alternative weapon and the secondary alternative
weapon studied under paragraph (2).
(d) Briefing.--Upon completion of the study under subsection (b),
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.
SEC. 1663. UNIDENTIFIED AERIAL PHENOMENA REPORTING PROCEDURES.
(a) Authorization for Reporting.--Notwithstanding the terms of any
written or oral nondisclosure agreement, order, or other
instrumentality or means, that could be interpreted as a legal
constraint on reporting by a witness of an unidentified aerial
phenomena, reporting in accordance with the system established under
subsection (b) is hereby authorized and 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.).
(b) System for Reporting.--
(1) Establishment.--The head of the Office, on behalf of
the Secretary of Defense and the Director of National
Intelligence, shall establish a secure system for receiving
reports of--
(A) any event relating to unidentified aerial
phenomena; and
(B) any Government or Government contractor
activity or program related to unidentified aerial
phenomena.
(2) Protection of systems, programs, and activity.--The
system established pursuant to paragraph (1) shall serve as a
mechanism to prevent unauthorized public reporting or
compromise of properly classified military and intelligence
systems, programs, and related activity, including all
categories and levels of special access and compartmented
access programs, current, historical, and future.
(3) Administration.--The system established pursuant to
paragraph (1) shall be administered by designated and widely
known, easily accessible, and appropriately cleared Department
of Defense and intelligence community employees or contractors
assigned to the Unidentified Aerial Phenomena Task Force or the
Office.
(4) Sharing of information.--The system established under
paragraph (1) shall provide for the immediate sharing with
Office personnel and supporting analysts and scientists of
information previously prohibited from reporting under any
nondisclosure written or oral agreement, order, or other
instrumentality or means, except in cases where the cleared
Government personnel administering such system conclude that
the preponderance of information available regarding the
reporting 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
reporting, has been explicitly and clearly reported to the
congressional defense committees and congressional intelligence
committees, and is documented as meeting those criteria.
(5) Initial report and publication.--Not later than 180
days after the date of the enactment of this Act, the head of
the Office, on behalf of the Secretary and the Director,
shall--
(A) submit to the congressional intelligence
committees, the congressional defense committees, and
congressional leadership a report detailing the system
established under paragraph (1); and
(B) make available to the public on a website of
the Department of Defense information about such
system, including clear public guidance for accessing
and using such system and providing feedback about the
expected timeline to process a report.
(6) Annual reports.--Section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373) is
amended--
(A) in subsection (h)--
(i) in paragraph (1), by inserting ``and
congressional leadership'' after ``appropriate
congressional committees''; and
(ii) in paragraph (2), by adding at the end
the following new subparagraph:
``(Q) A summary of the reports received using the
system established under title XVI of the National
Defense Authorization Act for Fiscal Year 2023.''; and
(B) in subsection (l)--
(i) by redesignating paragraphs (2) through
(5) as paragraphs (3) through (6),
respectively; and
(ii) 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.''.
(c) Records of Nondisclosure Agreements.--
(1) Identification of nondisclosure agreements.--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 (b)(1) and activities and
programs described subparagraph (B) of such subsection, and
contractors of the Federal Government supporting such
activities and programs shall conduct comprehensive searches of
all records relating to nondisclosure orders or agreements or
other obligations relating to the types of events described in
subsection (a) and provide copies of all relevant documents to
the Office.
(2) Submittal to congress.--The head of the Office shall--
(A) make the records compiled under paragraph (1)
accessible to the congressional intelligence
committees, the congressional defense committees, and
congressional leadership; and
(B) 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.
(d) Protection From Liability and Private Right of Action.--
(1) Protection from liability.--It shall not be a violation
of section 798 of title 18, United States Code, or any other
provision of law, and no cause of action shall lie or be
maintained in any court or other tribunal against any person,
for reporting any information through, and in compliance with,
the system established pursuant to subsection (b)(1).
(2) Prohibition on reprisals.--An employee of a Federal
agency and an employee of a contractor for the Federal
Government 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, with respect
to any individual as a reprisal for any reporting as described
in paragraph (1).
(3) Private right of action.--In a case in which an
employee described in paragraph (2) takes a personnel action
against an individual in violation of such paragraph, the
individual may bring a private civil action for all appropriate
remedies, including injunctive relief and compensatory and
punitive damages, against the Government or other employer who
took the personnel action, in the United States Court of
Federal Claims.
(e) Review by Inspectors General.--Not later than one year after
the date of the enactment of this Act, the Inspector General of the
Department of Defense and the Inspector General of the Intelligence
Community shall each--
(1) conduct an assessment of the compliance with the
requirements of this section and the operation and efficacy of
the system established under subsection (b); and
(2) submit to the congressional intelligence committees,
the congressional defense committees, and congressional
leadership a report on their respective findings with respect
to the assessments they conducted under paragraph (1).
(f) Definitions.--In this section:
(1) 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) 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.
(3) 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).
(4) The term ``Office'' means the office established under
section 1683(a) of the National Defense Authorization Act for
Fiscal Year 2022 (50 U.S.C. 3373(a)).
(5) 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)).
(6) The term ``unidentified aerial phenomena'' has the
meaning given such term in section 1683(l) of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C.
3373(l)).
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
SEC. 1701. 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. 1702. DEVELOPMENT OF TECHNOLOGIES WITH RESPECT TO CRITICAL,
PREFERRED, AND PRECISION-GUIDED CONVENTIONAL MUNITIONS.
(a) In General.--Subject to the availability of appropriations, the
Under Secretary of Defense for Research and Engineering and the Under
Secretary of Defense for Acquisition and Sustainment, in coordination
with the Secretaries of the Army, Navy, and Air Force and the heads of
the Defense Agencies, shall develop and invest in the following with
respect to critical, preferred, and precision-guided conventional
munitions:
(1) Technologies to--
(A) reduce the costs of such munitions;
(B) increase the reliability and lethality of such
munitions; and
(C) simplify the manufacturing processes for such
munitions.
(2) Technologies related to the diversification of the
supply chains relevant to the production of such munitions.
(3) The development of novel methods to more easily and
affordably manufacture such munitions, including the capability
of rapid production scaling to meet required demand.
(b) Types of Technologies.--The types of technologies developed
under subsection (a) shall include--
(1) the additive manufacturing of components, including
energetics;
(2) expeditionary manufacturing;
(3) simplified supply chains, including, where possible,
the use of open source, commercial, and commercial-derived
technologies, including microelectronics; and
(4) such other technologies as the Under Secretaries
determine appropriate.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Under Secretaries shall jointly submit to the
congressional defense committees a report on the plan to carry out this
section.
SEC. 1703. SENSE OF CONGRESS AND QUARTERLY BRIEFINGS ON REPLENISHMENT
AND REVITALIZATION OF STOCKS OF TACTICAL MISSILES
PROVIDED TO UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the delivery of anti-tank and air defense missiles and
munitions to Ukraine by the United States and numerous allies
and partners around the world has had a crucial impact on the
ability of Ukraine to resist Russia's illegal invasion;
(2) the war in Ukraine has demonstrated the utility of
these weapons in contemporary military conditions;
(3) it is vital to continue providing Ukraine with such
assistance, as needed, in an appropriately rapid and sustained
manner;
(4) the ability of the Department of Defense to support
replenishment of these stocks is a matter of major importance
for--
(A) the provision of additional support, as needed,
to Ukraine;
(B) the defense needs of the United States; and
(C) the defense needs of allies and partners that
have provided, or are considering providing, their own
stocks to assist Ukraine.
(5) in response to the March 18, 2022, letter sent by the
Chairman and Ranking Member of the Committee on Armed Services
of the House of Representatives, the Department of Defense
responded effectively with efforts to buy down strategic risk
and accelerate production of air defense munitions;
(6) the effort to replace existing stocks while
prioritizing the rapid development of a low-cost, exportable
evolution of a short-range air defense system should proceed as
quickly and efficiently as possible;
(7) the Department of Defense should continue to develop
and pursue this strategy while providing full transparency into
its efforts to buy down strategic risk and engaging in
substantial dialogue regarding the path forward;
(8) the Department of Defense should use its authorities to
work with allies and partners in a focused and sustained manner
to advance the replenishment of munitions stocks for allies and
partners that have provided, or are contemplating providing,
such equipment to Ukraine, in order to ensure they are capable
of meeting ongoing alliance and partnership deterrence and
security needs.
(b) Quarterly Briefings.--The Secretary of Defense shall provide to
Congress quarterly briefings, in accordance with subsection (c), on the
progress of the Department of Defense toward replenishing and
sustaining the production capacity and stocks of covered systems that
have been delivered to Ukraine as part of the effort to--
(1) support Ukraine's resistance against Russian
aggression; and
(2) buy down strategic risks.
(c) Elements of Briefings.--
(1) Briefings on us stocks.--The Secretary of Defense shall
provide to the congressional defense committees quarterly
briefings that include each of the following:
(A) A timeline and budgetary estimate for
developing and procuring replacement stocks of covered
systems for the United States.
(B) An analysis of the amount of funding provided
to defense contractors to procure replacement stocks of
covered systems for the United States.
(C) An identification of any opportunities to allow
vendors to compete for agreements to produce next-
generation short-range tactical missiles, launchers,
fire controls, and any other supporting equipment.
(D) An analysis of risks within the industrial base
that provides support for covered systems, and detailed
options to mitigate those risks.
(E) A discussion of options to maximize competition
among providers of covered systems and components
thereof, and an identification of any gaps in legal
authority to pursue and achieve the objectives of
maximizing competition and replenishing and sustaining
the production capacity of covered systems.
(F) An update on the use of the authorities of the
Department of Defense to replenish and sustain the
production capacity and stocks of covered systems
referred to in subsection (b).
(2) 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 each of the following:
(A) A timeline and budgetary estimate for
developing and procuring replacement stocks of covered
systems for allies and partners of the United States.
(B) An update on the efforts of the Department to
work with allies and partners of the United States to
advance the replenishment of munitions stocks for such
allies and partners that have provided, or are
contemplating providing, such stocks to Ukraine.
(d) Covered System.--In this section, the term ``covered system''
means any short-range tactical missile (including any SHORAD or anti-
tank missile), loitering munition, drone, or ammunition.
(e) Termination.--The requirement to provide quarterly briefings
under this section shall terminate on December 31, 2026.
SEC. 1704. ASSESSMENT OF ACQUISITION OBJECTIVES FOR PATRIOT AIR AND
MISSILE DEFENSE BATTALIONS.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) The unlawful Russian invasion of and war in
Ukraine has highlighted the importance of lower tier
air and missile defense capabilities in the European
Area of Command.
(B) The emergency supplemental appropriations
request by the President for the situation in Ukraine
for fiscal year 2022 included funding for a 16th
Patriot air and missile defense system battalion, which
increases the long standing inventory requirement by
one battalion.
(2) Sense of congress.--It is the sense of Congress that
given the evolving cruise- and ballistic-missile threat from
rogue nations and near-peer adversaries, particularly in
regional scenarios, the Secretary of the Army should reassess
the current battalion and interceptor acquisition objectives
for the Patriot air and missile defense system to determine if
16 battalions and 3,376 Patriot advanced capability-3 missile
segment enhancement missiles are still valid.
(b) 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 battalion and interceptor acquisition objectives, as of
the date of the enactment of this Act, for the Patriot air and missile
defense system and Patriot advanced capability-3 missile segment
enhancement missiles.
(c) Report.--Not later than 30 days after the date on which the
Secretary completes the assessment under subsection (b), the Secretary
shall submit to the congressional defense committees a report on the
assessment, including whether the acquisition objectives described in
such subsection are valid or should be modified.
(d) 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. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER ANALYSIS OF
DEPARTMENT OF DEFENSE CAPABILITY AND CAPACITY TO
REPLENISH MISSILE AND MUNITION INVENTORIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the ongoing war in Ukraine has highlighted the
importance of understanding the defense industrial base gaps
and limitations of replenishing inventories of critical,
preferred, and precision-guided weapon systems; and
(2) the ability of the Department of Defense to replenish
critical munitions in the event of a conflict with a strategic
competitor lasting not less than six months is of critical
importance to the national security interests of the United
States.
(b) FFRDC Study.--
(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 an appropriate federally funded
research and development center for the conduct of a detailed
analysis of the capability of the Department of Defense
replenish inventory of the weapons described in paragraph (3)
to address long-range strike capabilities, including against
naval surface and subsurface, as well as land-based forces, air
superiority, interdiction, air and missile defense, and hard
and deeply buried target mission areas. Such an agreement shall
provide that an analysis conducted pursuant to the agreement
shall be completed within 180 days.
(2) Matters for consideration.--An analysis conducted
pursuant to an agreement under paragraph (1) shall include a
consideration of each of the following with respect to the
weapons described in paragraph (3):
(A) Any gaps in current or near-term production
capability through 2025 or capacity due to the loss,
impending loss, or obsolescence of manufacturers or
suppliers of items, raw materials, or software, along
with recommendations to address the highest priority
gaps.
(B) The capability to significantly increase
current levels of production beyond steady-state demand
requirements, including an assessment of sub-tier
supplier capacity, capability, and rates of production.
(C) The predicted production capability and
capacity during the time period beginning in 2025 and
ending in 2035, including the capability and any
recommendations to significantly increase production
during that time period.
(D) The reliance of the United States on materials
and parts that are produced or sourced in foreign
countries, particularly in the case of such reliance on
a sole-source producer or supplier, an identification
of countries of origin of such materials and parts, and
associated recommendations to address any priority
vulnerabilities.
(E) The capacity of the organic industrial base,
including both Government-operated and contractor-
operated facilities, to support surge production, and
an identification of the weapons that each such
facilities is equipped, or could be equipped, to
produce.
(3) Weapons described.--The weapons described in this
paragraph are each of the following:
(A) Evolved sea sparrow missile.
(B) MK 48 heavyweight torpedo.
(C) Standard missile variants (SM-6, SM-3 block IB
and SM-3 block IIA).
(D) Patriot guided missiles.
(E) Terminal high altitude area defense
interceptors.
(F) Guided and ballistic missiles fired from the
multiple launch rocket system (MLRS) or the high
mobility artillery rocket system (HIMARS).
(G) Javelin missile.
(H) Stinger missile.
(I) Air intercept missile (AIM)-9X-Sidewinder.
(J) AIM-120D - Advanced medium range air-to-air
missile (AMRAAM).
(K) Air to ground (AGM)-114 - hellfire missile.
(L) Small diameter bomb II.
(M) Joint direct attack munition.
(N) Advanced penetrating bombs.
(O) Enhanced fragmentation bombs.
(P) Low collateral damage bombs.
(Q) Tomahawk land attack missile.
(R) Maritime strike tomahawk.
(S) Long range anti-ship missile.
(T) Naval strike missile.
(U) Joint air-to-surface standoff missile-extended
range.
(V) Harpoon anti-ship missile.
(W) Any other weapon that the Secretary of Defense
or the federally funded research and development center
determine should be included in the analysis.
(4) Report.--
(A) In general.--Not later than 180 days after
entering into an agreement under subsection (a), the
Secretary shall submit to the congressional defense
committees a report containing the unaltered results of
the analysis completed pursuant to the agreement.
(B) Form.--The report required under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 1706. OUT-YEAR UNCONSTRAINED TOTAL MUNITIONS REQUIREMENT, OUT-YEAR
INVENTORY NUMBERS, AND CRITICAL MUNITIONS RESERVE.
(a) Annual Reporting Requirements.--Section 222c of title 10,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``the chief of staff of each armed
force (other than the Coast Guard)'' and inserting
``the Under Secretary of Defense for Acquisition and
Sustainment'';
(B) by striking ``such armed force'' and inserting
``each armed force (other than the Coast Guard)''; and
(C) by inserting ``for each critical munitions
program'' after ``the following'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) by amending subsection (c), as so redesignated, to read
as follows:
``(c) Implementation Guidance Used.--A report required to be
submitted under subsection (a) for a fiscal year shall include a
description and explanation of the munitions requirements process
implementation guidance developed by the Under Secretary of Defense for
Acquisition and Sustainment and used by each armed force for the
munitions requirements process for such armed force for that fiscal
year. Such description and explanation shall include each of the
following:
``(1) A list of configurations fielded as of the date of
the submittal of the report.
``(2) The percentage of the total munitions inventory that
is fielded, by configuration.
``(3) The average shelf life and age of the munitions in
the inventory and the percentage of the munitions in the
inventory that will exceed shelf life during the ten-year
period following the date of the submittal of the report.
``(4) 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.
``(5) The average rate of procurement during the three-year
period preceding the date of the submittal of the report, and
the number of years required to meet the out-year unconstrained
total munitions requirement at such three-year average rate.
``(6) 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.
``(7) Such other information as the Under Secretary
determines is appropriate.'';
(5) by inserting after subsection (c) the following new
subsection (d):
``(d) Critical Munitions Reserve.--(1) For each critical munitions
program, the Under Secretary of Defense for Acquisition and Sustainment
shall establish and maintain a critical munitions reserve, through
which the Under Secretary shall procure longest lead sub-components,
concurrent with year production, to provide the capability to quickly
access the amount of critical munitions inventory required for one or
more years in order to accelerate the delivery of such munitions.
``(2) A critical munitions reserve under paragraph (1) may take the
form of a rotable pool to facilitate the timely use of critical
munitions material while producing sufficient quantities of such
material to maintain an ongoing reserve of such material.
``(3) The Under Secretary of Defense for Acquisition and
Sustainment shall submit to the congressional defense committees
quarterly reports on the critical munitions reserves maintained under
this paragraph, which shall include the recommendations of the Under
Secretary with respect to--
``(A) the management of the critical munition reserves,
including any recommendations for legislative changes; and
``(B) critical munitions components for inclusion in the
critical munitions reserves and funding requirements for each
such component.''; and
(6) in subsection (e), as so redesignated, by striking
paragraph (1) and inserting the following new paragraph (1):
``(1) The term `critical munition' means a munition that--
``(A) is considered to be among the most important
for executing plan objectives in one or more conflict
scenarios;
``(B) has an inventory that is insufficient to meet
the requirements of the national defense strategy under
section 113(g) of this title; and
``(C) has a projected inventory that is forecasted
to remain insufficient at the end of the period covered
by the future-years defense program most recently
submitted to Congress pursuant to section 221 of this
title.''.
(b) Report on Critical Munitions Reserve.--Not later than 90 days
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 a report on the progress of the Under
Secretary in establishing the critical munitions reserves required by
subsection (d) of section 222c of title 10, United States Code, as
added by subsection (a)(5).
SEC. 1707. IDENTIFICATION OF SUBCONTRACTORS FOR CRITICAL MUNITIONS
CONTRACTS.
(a) Identification of Subcontractors.--Not later than 210 days
after the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall carry out a pilot program
to establish a process for identifying subcontractors (at any tier)
that, on the date on which the process described in subsection (a) is
implemented--
(1) are performing one or more critical munitions
contracts; and
(2)(A) provide products to a prime contractor or a higher-
tier subcontractor for such prime contractor under such a
contract; or
(B) are responsible for the storage or handling of
controlled unclassified information under such a contract.
(b) Use of Framework.--The Under Secretary shall, to the extent
practicable, use the framework developed under section 4819 of title
10, United States Code, to carry out the pilot program established
under this section.
(c) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary shall submit to the
congressional defense committees an implementation plan for the pilot
program required by this section. Such plan shall include the
following:
(1) Information on the practices that will be used to apply
processes established under the pilot program, including an
identification of any practices used by the Missile Defense
Agency or the Strategic Capabilities Office that identify
subcontractors (at any tier) for covered contracts.
(2) A list of programs of the Department of Defense to
which the Under Secretary will apply the process established
under this section.
(d) Recommendations.--Not later than 90 days after the
implementation of the pilot program required by this section, the Under
Secretary shall submit to the congressional defense committees
recommendations on the feasibility of expanding, beginning on or after
November 1, 2023, the pilot program established under this section to
Department of Defense program under which a DO-rated order or a DX-
rated order may be placed.
(e) Definitions.--In this section:
(1) The term ``covered contract'' means a critical
munitions contract for which a subcontractor (at any tier)--
(A) provides products to a prime contractor or a
higher-tier subcontractor for such prime contractor; or
(B) is responsible for the storage or handling of
controlled unclassified information.
(2) The term ``critical munition'' has the meaning given
such term in section 1705 of this Act.
(3) The term ``critical munitions contract'' means a
contract between the Department of Defense and a prime
contractor for the procurement of critical munitions.
(4) The term ``DO-rated order'' means an order with a
priority rating of ``critical to national defense'' in the
Defense Priorities and Allocation System pursuant to part 700
of title 15, Code of Federal Regulations (or any successor
regulation).
(5) The term ``DX-rated order'' means an order with a
priority rating of ``highest national defense urgency'' in the
Defense Priorities and Allocation System pursuant to part 700
of title 15, Code of Federal Regulations (or any successor
regulation).
SEC. 1708. STUDY ON STOCKPILES AND PRODUCTION OF CRITICAL GUIDED
MUNITIONS.
(a) Study.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall complete a study to
determine how rapidly stockpiles of the United States of critical
guided munitions would become depleted in the event of the involvement
of the United States in a large-scale conflict.
(b) Matters.--The study under subsection (a) shall include, at a
minimum, the following:
(1) Modeling of the monthly munitions expenditure of the
United States in the scenario of a large-scale conflict
(lasting for a period of at least 180 days) in Europe during
fiscal year 2025, at various levels of conflict intensity,
including conflicts involving 25, 50, and 75 percent of the
force structure of the land, naval, and air forces of the
active Armed Forces.
(2) Modeling of the monthly munitions expenditure of the
United States in the scenario of a large-scale conflict
(lasting for a period of at least 180 days) in East Asia during
fiscal year 2025, at various levels of conflict intensity,
including conflicts involving 25, 50, and 75 percent of the
force structure of the land, naval, and air forces of the
active Armed Forces.
(3) An analysis of how rapidly stockpiles of the United
States of critical guided munitions would become depleted in
each of the scenarios referred to in paragraphs (1) and (2)
for, at a minimum, the following munitions:
(A) Air Intercept Missile-260.
(B) Joint Direct Attack Munition.
(C) Long Range Anti-Ship Missile.
(D) Naval Strike Missile.
(E) Standard Missile-2.
(F) Standard Missile-6.
(G) Harpoon Anti-ship Missile.
(H) MK-48 torpedo.
(I) Each variant of the following:
(i) Air Intercept Missile-9.
(ii) Air Intercept Missile-120.
(iii) Army Tactical Missile System.
(iv) Guided Multiple Launch Rocket System.
(v) Javelin.
(vi) Joint Air-to-Surface Standoff Missile.
(vii) Patriot Missile.
(viii) Precision Strike Missile.
(ix) Stinger.
(x) Tomahawk Cruise Missile.
(4) An analysis of the time and resources that would be
necessary to restart production lines for the critical guided
munitions specified in paragraph (3) that, as of the period
during which the study is conducted, are not in production by
the United States.
(5) An analysis of the time and resources that would be
necessary to increase the monthly production of critical guided
munitions to meet the expenditure rates projected pursuant to
the modeling under paragraphs (1) and (2).
(c) Report and Briefing.--
(1) In general.--Not later than 120 days after the date of
the completion of the study under subsection (a), the Secretary
of Defense shall submit to the congressional defense committees
a report, and provide to the congressional defense committees a
briefing, on the study. Such report shall contain the
following:
(A) A summary of the findings of the study.
(B) Recommendations to expedite the production of
the munitions specified in subsection (b)(3).
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(d) Critical Guided Munition.--In this section, the term ``critical
guided munition'' means--
(1) any munition specified in subsection (b)(3); and
(2) any other munition designated as such by the Secretary
of Defense.
SEC. 1709. UKRAINE CRITICAL MUNITIONS ACQUISITION FUND.
(a) Establishment.--There shall be established in the Treasury of
the United States a revolving fund to be known as the ``Ukraine
Critical Munitions Acquisition Fund'' (in this section referred to as
the ``Fund'').
(b) Purpose.--Subject to the availability of appropriations,
amounts in the Fund shall be made available by the Secretary of
Defense--
(1) to ensure that adequate stocks of critical munitions
are available for allies and partners of the United States
during the war in Ukraine; and
(2) to finance the acquisition of critical munitions in
advance of the transfer of such munitions to foreign countries
during the war in Ukraine.
(c) Additional Authority.--Subject to the availability of
appropriations, the Secretary may also use amounts made available to
the Fund--
(1) to keep on continuous order munitions that the
Secretary deems as critical due to a reduction in current
stocks as a result of the drawdown of stocks provided to the
government of Ukraine for transfer to Ukraine; or
(2) with the concurrence of the Secretary of State, to
procure munitions identified as having a high use rate during
the war in Ukraine.
(d) Deposits.--
(1) In general.--The Fund shall consist of each of the
following:
(A) Collections from sales made under letters of
offer (or transfers made under the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.)) of munitions
acquired using amounts made available from the Fund
pursuant to this section, representing the value of
such items calculated, as applicable, in accordance
with--
(i) subparagraph (B) or (C) of section
21(a)(1) of the Arms Export Control Act (22
U.S.C. 2761(a)(1);
(ii) section 22 of the Arms Export Control
Act (22 U.S.C. 2762); or
(iii) section 644(m) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403).
(B) Such amounts as may be appropriated pursuant to
the authorization under this section or otherwise made
available for the purposes of the Fund.
(C) Not more than $500,000,000 may be transferred
to the Fund for any fiscal year, in accordance with
subsection (e), from amounts authorized to be
appropriated by this Act for the Department in such
amounts as the Secretary determines necessary to carry
out the purposes of this section, which shall remain
available until expended. The transfer authority
provided by this paragraph is in addition to any other
transfer authority available to the Secretary.
(2) Contributions from foreign governments.--
(A) In general.--Subject to subparagraph (B), the
Secretary of Defense may accept contributions of
amounts to the Fund from any foreign government or
international organization. Any amounts so accepted
shall be credited to the Ukraine Critical Munitions
Acquisition Fund and shall be available for use as
authorized under subsection (b).
(B) Limitation.--The Secretary may not accept a
contribution under this paragraph if the acceptance of
the contribution would compromise, or appear to
compromise, the integrity of any program of the
Department of Defense.
(C) Notification.--If the Secretary accepts any
contribution under this paragraph, the Secretary shall
notify the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of
Representatives. Such notice shall specify the source
and amount of any contribution so accepted and the use
of any amount so accepted.
(e) Notification.--
(1) In general.--No amount may be transferred pursuant to
subsection (d)(1)(C) until the date that is 15 days after the
date on which the Secretary provides 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) notice in writing of the amount and purpose of
the proposed transfer; and
(B) a description of how the Secretary intends to
use the munitions acquired under this section to meet
national defense requirements as specified in
subsection (f)(1)(A).
(2) Ammunition purchases.--No amounts in the Fund may be
used to purchase ammunition, as authorized by this Act, until
the date that is 15 days after the date on which the Secretary
notifies the congressional defense committees in writing of the
amount and purpose of the proposed purchase.
(3) Foreign transfers.--No munition purchased using amounts
in the Fund may be transferred to a foreign country until the
date that is 15 days after the date on which the Secretary
notifies the congressional defense committees in writing of the
proposed transfer.
(f) Limitations.--
(1) Limitation on transfer.--No munition acquired by the
Secretary of Defense using amounts made available from the Fund
pursuant to this section may be transferred to any foreign
country unless such transfer is authorized by the Arms Export
Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), or other applicable law,
except as follows:
(A) The Secretary of Defense, with the concurrence
of the Secretary of State, may authorize the use by the
Department of Defense of munitions acquired under this
section prior to transfer to a foreign country, if such
use is necessary to meet national defense requirements
and the Department bear the costs of replacement and
transport, maintenance, storage, and other such
associated costs of such munitions.
(B) Except as required by subparagraph (A), amounts
made available to the Fund may be used to pay for
storage, maintenance, and other costs related to the
storage, preservation and preparation for transfer of
munitions acquired under this section prior to their
transfer, and the administrative costs of the
Department of Defense incurred in the acquisition of
such items, to the extent such costs are not eligible
for reimbursement pursuant to section 43(b) of the Arms
Export Control Act (22 U.S.C. 2792(b)).
(2) Certification requirement.--
(A) In general.--No amounts in the Fund may be used
pursuant to this section unless the President--
(i) certifies to the congressional defense
committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee
on Foreign Relations of the Senate that the
Special Defense Acquisition Fund established
pursuant to chapter 5 of the Arms Export
Control Act (22 U.S.C. 2795 et seq.) cannot be
used to fulfill the same functions and
objectives for which such amounts to be made
available from the Fund are to be used; and
(ii) includes in such certification a
justification therefor, which may be included
in a classified annex, if necessary.
(B) Non-delegation.--The President may not delegate
any responsibility of the President under subparagraph
(A).
(g) Termination.--The authority for the Fund under this section
shall expire on December 31, 2024.
SEC. 1710. QUARTERLY BRIEFINGS ON REPLENISHMENT AND REVITALIZATION OF
STOCKS OF DEFENSIVE AND OFFENSIVE WEAPONS PROVIDED TO
UKRAINE.
(a) Quarterly Briefings.--The Secretary of Defense shall provide to
the congressional defense committees quarterly briefings, in accordance
with subsection (b), on the progress of the Department of Defense
toward replenishing and sustaining the production capacity and stocks
of covered weapons that have been delivered to Ukraine as part of the
effort to--
(1) support Ukraine's resistance against Russian
aggression; and
(2) buy down strategic risks.
(b) Elements of Briefings.--
(1) Briefings on us weapons.--The Secretary of Defense
shall provide to the congressional defense committees quarterly
briefings that include each of the following:
(A) A timeline and budgetary estimate for
developing and procuring replacement stocks of covered
weapons for the United States.
(B) An identification of any opportunities to allow
vendors to compete for agreements to produce next-
generation weapons.
(C) An analysis of risks within the industrial base
that provides support for covered weapons, and detailed
options to mitigate those risks.
(D) A discussion of options to maximize competition
among providers of covered weapons and components
thereof, and an identification of any gaps in legal
authority to pursue and achieve the objectives of
maximizing competition and replenishing and sustaining
the production capacity of covered weapons.
(E) An update on the use of the authorities of the
Department of Defense to replenish and sustain the
production capacity and stocks of covered weapons
referred to in subsection (a).
(2) Briefing on weapons 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 a briefing on the plan to use authorities for--
(A) developing and procuring replacement stocks of
covered weapons for allies and partners of the United
States; and
(B) advancing the replenishment of weapons for such
allies and partners that have provided, or are
contemplating providing, such weapons to Ukraine.
(c) Covered Weapon.--In this section, the term ``covered weapon''
means any weapon other than a covered system, as that term is defined
in section 1703(d).
(d) Termination.--The requirement to provide quarterly briefings
under subsection (b)(1) shall terminate on December 31, 2026.
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. 2003. 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.--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.
SEC. 2004. DIRECTING THE SECRETARY OF DEFENSE TO CONTINUE MILITARY
HOUSING REFORMS.
(a) In General.--The Secretary of Defense shall consider--
(1) partnerships with innovative housing production
companies to build cost-effective multi-family housing that is
energy efficient and improve energy resiliency in order to
increase the supply of affordable housing available to active
duty members of the Armed Forces; or
(2) purchasing multiple multi-family housing if this
results in an additional lower cost.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall report to
Congress on the considerations under subsection (a).
(c) Innovative Housing Production Company Defined.--In this
section, the term ``innovative housing production company'' means a
company that offers housing in an area for which the costs per unit is
lower than the cost per unit of other housing in the area that meets
Federal, State, and local housing standards, based on quality,
accessibility, and durability.
TITLE XXI--ARMY MILITARY CONSTRUCTION
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
----------------------------------------------------------------------------------------------------------------
Colorado....................................... Fort Carson................................... $14,200,000
Louisiana...................................... Fort Polk..................................... $32,000,000
North Carolina................................. Fort Bragg.................................... $34,000,000
New Jersey..................................... Picatinny Arsenal............................. $3,654,000
Pennsylvania................................... Letterkenny Army Depot........................ $38,000,000
Texas.......................................... Corpus Christi Army Depot..................... $103,000,000
Fort Bliss.................................... $15,000,000
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
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 $57,000,000
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 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 CERTAIN FISCAL YEAR
2019 PROJECT.
In the case of the authorization contained in the table in section
2101(b) of the Military Construction Authorization Act for Fiscal Year
2019 (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 OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECTS.
(a) Extension.--(1) 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 paragraph (2), 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.
(2) The table referred to in paragraph (1) 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..................
----------------------------------------------------------------------------------------------------------------
(b) Army Family Housing.--(1) 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 paragraph (2), 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.
(2) The table referred to in paragraph (1) 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
----------------------------------------------------------------------------------------------------------------
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2018 PROJECTS.
(a) 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--
(1) construct the hangar at Camp Humphries, Korea; and
(2) 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.
(b) 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.
(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 Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Marine Corps Base Ground Combat Center $120,382,000
Twentynine Palms...............................
Marine Corps Base Camp Pendleton............... $85,210,000
Naval Air Station Lemoore....................... $201,261,000
Naval Base Point Loma........................... $56,450,000
Connecticut.................................. Naval Submarine Base New London................. $15,514,000
Florida...................................... Naval Air Station Jacksonville.................. $86,232,000
Naval Air Station Whiting Field................. $57,789,000
Georgia...................................... Naval Submarine Base Kings Bay.................. $279,171,000
Guam......................................... Marine Corps Base Camp Blaz..................... $330,589,000
Hawaii....................................... Marine Corps Base Kaneohe Bay................... $87,930,000
Joint Base Pearl Harbor- Hickam................. $3,637,692,000
North Carolina............................... Marine Corps Air Station Cherry Point........... $38,415,000
Marine Corps Base Camp Lejeune.................. $47,475,000
Nevada....................................... Naval Air Station Fallon........................ $97,865,000
Virginia..................................... Naval Station Norfolk........................... $16,863,000
Washington................................... Naval Air Station Whidbey Island................ $37,461,000
----------------------------------------------------------------------------------------------------------------
(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 installation outside the United States, and in the
amount, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia..................................... Royal Australian Air Base Darwin................ $258,831,000
Japan......................................... Kadena Air Base................................. $195,400,000
----------------------------------------------------------------------------------------------------------------
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 $248,634,000
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 $24,224,000.
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 ELECTRICAL UTILITY SYSTEM OF THE
NAVY 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 Hawaii Electric.
(b) 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.
(c) Disposal of Navy Electrical System.--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.
(d) Authority for Third-party Agreement.--The Secretary of the Navy
may enter into a cooperative agreement or other appropriate instrument
with a non-Department of Defense entity under which--
(1) such entity shall agree to facilitate the transfer of
customers under subsection (a); and
(2) subject to the availability of appropriations for such
purpose, the Secretary of the Navy shall agree to reimburse
such entity for the reasonable costs of such transfer.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
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
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Clear Air Force Station..................... $68,000,000
Alabama........................................ Maxwell Air Force Base...................... $15,000,000
California..................................... Travis Air Force Base....................... $7,500,000
Vandenberg Air Force Base................... $89,000,000
Florida Patrick Space Force Base.................... $97,000,000
Hawaii......................................... Kirtland Air Force Base, Maui Experimental $89,000,000
Site.......................................
Ohio........................................... Wright-Patterson Air Force Base............. $29,000,000
Oklahoma....................................... Altus Air Force Base........................ $4,750,000
Tinker Air Force Base....................... $43,600,000
South Carolina................................. Shaw Air Force Base......................... $10,000,000
South Dakota................................... Ellsworth Air Force Base.................... $328,000,000
Tennessee...................................... Arnold Air Force Base....................... $38,000,000
Texas.......................................... Joint Base San Antonio-Randolph............. $29,000,000
Utah........................................... Hill Air Force Base......................... $84,000,000
Wyoming........................................ F.E. Warren Air Force Base.................. $176,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 230_(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............................... $71,000,000
Iceland........................................ Keflavik.................................... $94,000,000
Italy.......................................... Aviano Air Base............................. $46,500,000
Japan.......................................... Kadena Air Base............................. $307,000,000
Jordan......................................... Azraq Air Base.............................. $50,000,000
Norway......................................... Rygge....................................... $8,200,000
Spain.......................................... Moron Air Base.............................. $29,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
(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
230_(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 $230,058,000.
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 230_(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 $2,730,000.
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 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.
(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
----------------------------------------------------------------------------------------------------------------
California................................... 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 installation or location outside the United States,
and in the amount, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany...................................... Baumholder.................................... $149,023,000
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 Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Redstone Arsenal.............................. $10,700,000
California................................... Marine Corps Mountain Warfare Training Center $25,560,000
Bridgeport...................................
Naval Base Ventura County, PT Magu............ $13,360,000
Florida..................................... Naval Air Station Jacksonville................ $2,400,000
Patrick Space Force Base...................... $18,000,000
Georgia...................................... Fort Stewart-Hunter Army Airfield............. $25,400,000
Naval Submarine Base Kings Bay................ $11,200,000
Guam......................................... Naval Base Guam............................... $34,360,000
Hawaii....................................... Joint Base Pearl Harbor- Hickam............... $25,000,000
Kansas....................................... Fort Riley.................................... $25,780,000
Maryland..................................... Fort George G. Meade.......................... $23,310,000
Texas........................................ Fort Hood..................................... $31,500,000
U.S. Army Reserve Center, Conroe.............. $9,600,000
Virginia..................................... Naval Support Activity, Hampton Roads......... $22,400,000
NCE Springfield, Fort Belvoir................. $1,100,000
----------------------------------------------------------------------------------------------------------------
(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 Lemmonier................................ $24,000,000
Japan........................................ Kadena Air Base............................... $780,000
Kuwait....................................... Camp Arifjan.................................. $26,850,000
Norway....................................... Rygge......................................... $8,200,000
Spain........................................ Moron Air Base................................ $29,000,000
----------------------------------------------------------------------------------------------------------------
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 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), 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 2017 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation Project Authorized 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.
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.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2605 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 installations or
locations inside the United States, and in the amounts, set forth in
the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Delaware.................................... New Castle....................................... $16,000,000
Florida..................................... Palm Coast....................................... $12,000,000
Camp Blanding.................................... $24,700,000
Hawaii...................................... Kapolei.......................................... $29,000,000
Iowa........................................ West Des Moines................................. $15,000,000
Indiana..................................... Atlanta.......................................... $20,000,000
Michigan.................................... Camp Grayling.................................... $16,000,000
Minnesota................................... New Ulm.......................................... $17,000,000
North Carolina.............................. McLeansville..................................... $15,000,000
Nevada...................................... Reno............................................. $18,000,000
New York.................................... Troy............................................. $17,000,000
Vermont..................................... Bennington....................................... $14,800,000
West Virginia............................... Buckhannon....................................... $14,000,000
Wyoming..................................... 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 installations or locations
inside the United States, and in the amounts, set forth in the
following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Florida....................................... Perrine........................................ $46,000,000
Puerto Rico................................... Fort Buchanan.................................. $24,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. 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 installations
or locations inside the United States, and in the amounts, set forth in
the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Birmingham International Airport............... $7,500,000
Arizona....................................... Morris Air National Guard Base................. $12,000,000
Tucson International Airport................... $10,000,000
Florida....................................... Jacksonville International Airport............. $22,200,000
Indiana....................................... Fort Wayne International Airport............... $12,800,000
Tennessee..................................... Mcghee-Tyson Airport........................... $23,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. 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 installations inside the United
States, and in the amounts, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Beale Air Force Base........................... $33,000,000
Virginia...................................... Joint Base Langley-Eustis...................... $10,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. 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. 2606. 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'';
(2) in the item relating to Jerome National Guard Armory,
Idaho, by striking ``Jerome National Guard Armory'' and
inserting ``Jerome'';
(3) in the item relating to Nickell Memorial Armory Topeka,
Kansas, by striking ``Nickell Memorial Armory Topeka'' and
inserting ``Topeka'';
(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'';
(5) in the item relating to Camp Grayling, Michigan, by
striking ``Camp Grayling'' and inserting ``Grayling'';
(6) in the item relating to Butte Military Entrance Testing
Site, Montana, by striking ``Butte Military Entrance Testing
Site'' and inserting ``Butte'';
(7) in the item relating to Mead Army National Guard
Readiness Center, Nebraska, by striking ``Mead Army National
Guard Readiness Center'' and inserting ``Mead Training Site'';
(8) in the item relating to Dickinson National Guard
Armory, North Dakota, by striking ``Dickinson National Guard
Armory'' and inserting ``Dickinson'';
(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 ``Ethan Allen Air Force Base TS''.
SEC. 2607. 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.
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.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
SEC. 2801. 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, is 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. 2802. 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 Department
of Defense Form 1391 submitted to the appropriate committees of
Congress for a military construction project covered by subsection (a),
the Secretary of Defense shall include the following information:
``(1) The project title.
``(2) The location of the project.
``(3) A brief description of the scope of work.
``(4) The original project cost estimate and the current
working cost estimate, if different.
``(5) Such other information as the Secretary considers
appropriate.
``(c) 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. 2803. FURTHER CLARIFICATION OF REQUIREMENTS RELATED TO AUTHORIZED
COST AND SCOPE OF WORK VARIATIONS.
(a) Clarifications and Technical Corrections Relating to Exceptions
to Cost Variation and Scope of Work.--Subsection (c)(1) of section 2853
of title 10, United States Code, as amended by section 2802 of the
Military Construction Authorization Act for Fiscal Year 2022 (division
B of Public Law 117-81), is further amended--
(1) by striking subparagraph (A) and inserting the
following new subparagraph (A):
``(A) The Secretary concerned may waive the percentage or dollar
cost limitation applicable to a military construction project or a
military family housing project under subsection (a) and approve an
increase in the cost authorized for the project in excess of that
limitation only if--
``(i) the total cost of the project is less than
$500,000,000;
``(ii) the cost increase is an amount equal to or less than
50 percent of the original authorized amount; and
``(iii) the Secretary notifies the appropriate committees
of Congress of such waiver and approval in the manner provided
in this paragraph.''; and
(2) by striking subparagraph (D) and redesignating
subparagraph (E) as subparagraph (D).
(b) Technical Correction Related to Exceptions to Limitation on
Scope of Work Increases.--Subsection (d)(4) of such section, as so
amended, is further amended by striking ``and approve an increase in
the scope of work for the project that would increase the scope of
work''.
SEC. 2804. USE OF OPERATION AND MAINTENANCE FUNDS FOR CERTAIN
CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.
(a) Permanent Authority.--Subsection (a) of section 2808 of the
Military Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1723), as amended, including most
recently by section 2806 of the Military Construction Authorization Act
for Fiscal Year 2022 (division B of Public Law 117-81), is amended--
(1) 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,'';
(2) by inserting ``outside the United States'' after
``construction project''; and
(3) 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''.
(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''; 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. 2805. INCREASE IN MAXIMUM APPROVED COST OF UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.
Section 2805(a)(2) of title 10, United States Code, is amended by
striking ``$6,000,000'' and inserting ``$12,000,000''.
SEC. 2806. INCREASE IN UNSPECIFIED MINOR MILITARY CONSTRUCTION
AUTHORITY FOR LABORATORY REVITALIZATION PROJECTS.
(a) Laboratory Revitalization.--Subsection (d) of section 2805 of
title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``$6,000,000'' both
places it appears and inserting ``$12,000,000'';
(2) in paragraph (2), by striking ``$6,000,000'' and
inserting ``$12,000,000, incrementally across multiple fiscal
years''; and
(3) by striking paragraph (5).
(b) Adjustment of Dollar Limitations for Location.--Subsection (f)
of such section is amended--
(1) by striking ``$10,000,000'' and inserting
``$12,000,000''; and
(2) by striking subparagraph (3).
SEC. 2807. PERMANENT APPLICATION OF DOLLAR LIMITS FOR LOCATION AND
APPLICATION TO PROJECTS OUTSIDE THE UNITED STATES.
Section 2805 of title 10, United States Code, is amended by
striking subsection (f) and inserting the following new subsection (f):
``(f) Adjustment of Dollar Limits for Location.--Each fiscal year,
the Secretary concerned shall adjust the dollar limitations specified
in this section applicable to an unspecified minor military
construction project to reflect the area construction cost index for
military construction projects published by the Department of Defense
during the prior fiscal year for the location of the project, except
that no limitation specified in this section may exceed $16,000,000 as
the result of any adjustment made under this paragraph.''.
SEC. 2808. PROHIBITION ON AVAILABILITY OF FUNDS FOR SPECIAL OPERATIONS
FORCES MILITARY CONSTRUCTION.
(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 for the Commander of
Special Operations Command for military construction in Baumholder,
Germany.
(b) Waiver.--
(1) In general.--The Secretary of Defense may waive the
prohibition under subsection (a) if the Secretary--
(A) determines that such a waiver is in the
national security interests of the United States; and
(B) not later than 14 days after issuing the
waiver, submits to the congressional defense committees
a detailed justification for the waiver in accordance
with paragraph (2).
(2) Elements.--A justification under paragraph (1)(B) shall
include each of the following:
(A) The determination of the Secretary that none of
the following countries would provide preferable host
nation funding for an equivalent project in such
country:
(i) Romania.
(ii) Poland.
(iii) Latvia.
(iv) Estonia.
(v) Lithuania.
(B) The determination of the Secretary that hosting
such forces in Germany would provide greater deterrence
or greater operational utility than host nation support
in Romania, Poland, Latvia, Estonia or Lithuania.
(C) An explanation for how the waiver is in the
national security interests of the United States.
(D) Any other information the Secretary determines
appropriate.
SEC. 2809. REQUIREMENTS RELATING TO CERTAIN MILITARY CONSTRUCTION
PROJECTS.
(a) Supervision of Military Construction Projects.--
(1) In general.--Section 2851 of title 10, United States
Code, is amended--
(A) in subsection (c)(1), by inserting ``or
appropriated'' after ``funds authorized'' each place
such term appears;
(B) in subsection (c)(2)--
(i) in subparagraph (A), by inserting ``,
deadline for bid submissions,'' after
``solicitation date'';
(ii) in subparagraph (B), by inserting
``(including the address of such recipient)''
after ``contract recipient''; and
(iii) by adding at the end the following
new subparagraphs:
``(H) Any subcontracting plan required under paragraph (4)
or (5) of section 8(d) of the Small Business Act (15 U.S.C.
637(d)) for the project submitted by the contract recipient to
the Secretary of Defense.
``(I) A detailed written statement describing and
justifying any exception applied or waiver granted under--
``(i) chapter 83 of title 41;
``(ii) section 4862 of this title; or
``(iii) section 4863 of this title.''; and
(C) by adding at the end the following new
paragraph:
``(4) The information required to be published on the Internet
website under subsection (c) shall constitute a record for the purposes
of chapters 21, 29, 31, and 33 of title 44.''.
(2) Federal procurement data system.--The Secretary of
Defense shall ensure that there is a clear and unique
indication of any covered contract with subcontracting work of
an estimated value of $250,000 or more in the Federal
Procurement Data System established pursuant to section
1122(a)(4) of title 41, United States Code (or any successor
system).
(b) Increased Transparency and Public Availability of Information
Regarding Solicitation and Award of Subcontracts Under Military
Construction Contracts.--
(1) Availability of certain information relating to
military construction subcontracts.--Section 2851 of title 10,
United States Code, is amended--
(A) by redesignating subsection (d) as subsection
(g);
(B) by inserting after subsection (c) (as amended
by this section) the following new subsections:
``(d) Information and Notice Requirements Regarding Solicitation
and Award of Subcontracts.--
``(1) The recipient of a contract for a construction
project described in subsection (c)(1) to be carried out in a
State shall make publicly available on a website of the General
Services Administration or the Small Business Administration,
as applicable, any solicitation made by the contract recipient
under the contract for a subcontract with an estimated value of
$250,000 or more.
``(2) The Secretary of Defense shall--
``(A) maintain on the Internet site required by
subsection (c)(1) information regarding the
solicitation date and award date (or anticipated date)
for each subcontract described in paragraph (1); and
``(B) submit written notice of the award of the
original contract for a project described in subsection
(c)(1) to be carried out in a State, and each
subcontract described in paragraph (1) under the
contract, to each State agency that enforces workers'
compensation or minimum wage laws in the State in which
the contract or subcontract will be carried out.
``(e) Congressional Notification.--In the case of the award of a
contract for a project described in subsection (c)(1) to be carried out
in a State, and any subcontract described in subsection (d)(1) under
the contract, where such award has an estimated value of $2,000,000 or
more, the Secretary of Defense shall submit written notice of such
award within 30 days after the award to each Senator of the State in
which the contract or subcontract will be carried out and the Member of
the House of Representatives representing the congressional district in
which the contract or subcontract will be carried out.
``(f) Exclusion of Classified Projects.--Subsections (c), (d), and
(e) do not apply to a classified construction project otherwise
described in subsection (c)(1).''; and
(C) by adding at the end the following new
subsection:
``(h) Definitions.--In this section:
``(1) The term `Member of the House of Representatives'
includes a Delegate to the House of Representatives and the
Resident Commissioner from Puerto Rico.
``(2) The term `State' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.''.
(2) Applicability.--Subsections (d) and (e) of section 2851
of title 10, United States Code, as added by subsection
(ba)(2), shall apply with respect to a contract for a
construction project described in subsection (c)(1) of such
section that--
(A) is entered into on or after the date of the
enactment of this Act; or
(B) was entered into before the date of the
enactment of this Act, if the first solicitation made
by the contract recipient under the contract for a
subcontract with an estimated value of $250,000 or more
is made on or after the date of the enactment of this
Act.
(c) Requirements Relating to the Award of Covered Military
Construction Contracts.--Subchapter III of chapter 169 of title 10,
United States Code, is amended by inserting after section 2851a the
following new section:
``Sec. 2851b. Requirements relating to the award of covered military
construction contracts
``(a) Publication of Certain Information Relating to Covered
Military Construction Contracts.--A contractor that has been awarded a
covered military construction contract shall--
``(1) make publicly available on a website of the General
Services Administration or the Small Business Administration,
as applicable, any solicitation under that covered military
construction contract for a subcontract of an estimated value
of $250,000 or more; and
``(2) submit written notification of the award of the
covered military construction contract, and of any subcontract
awarded under the covered military construction contract, to
the relevant agency of a covered State that enforces workers'
compensation or minimum wage laws in such covered State.
``(b) Notice.--Upon award of a covered military construction
contract with an estimated value greater than or equal to $2,000,000,
the Secretary concerned shall notify any applicable Member of Congress
representing the covered State in which that covered military
construction contract is to be performed of such award in a timely
manner.''.
SEC. 2809A. 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 (h) (as added by section
2809 of this Act) as subsection (i);
(2) by redesignating subsection (g) (as designated by
section 2809 of this Act) as subsection (h);
(3) by inserting after subsection (f) section 2809 of this
Act (as added by the following new subsection:
``(g) 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 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 that shall directly report 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) Coforming 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;
(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''.
SEC. 2809B. LOCAL HIRE REQUIREMENTS FOR MILITARY CONSTRUCTION
CONTRACTS.
(a) Local Hire Requirements.--
(1) In general.--To the extent practicable, in awarding a
covered contract, the Secretary concerned (as defined in
section 101 of title 10, United States Code) shall give a
preference to a person who certifies that at least 51 percent
of the total number of employees hired to perform the covered
contract (including any employees hired by a subcontractor (at
any tier) for such covered contract) shall reside in the same
State as, or within a 60-mile radius of, the location of the
work to be performed pursuant to the covered contract.
(2) Justification required.--The Secretary concerned shall
prepare a written justification, and make such justification
available on the Internet site required under section 2851(c)
of title 10, United States Code, for the award of any covered
contract to a person that is not described under paragraph (1).
(b) Licensing.--A contractor and any subcontractors (at any tier)
performing a covered contract shall be licensed to perform the work
under such covered contract in the State in which the work will be
performed.
(c) Covered Contract Defined.--In this section, the term ``covered
contract'' means a contract for a military construction project,
military family housing project, or other project described in section
2851(c)(1) of title 10, United States Code.
Subtitle B--Continuation of Military Housing Reforms
SEC. 2811. 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 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
installations--
``(A) for which an HRMA has not been conducted for
five years or longer; 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 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 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 such fiscal year.
``(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 the
installation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2836 the following new item:
``2837. Housing Requirements and Market Analysis.''.
(c) 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 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 plans to conduct an HRMA
during fiscal year 2023.
(d) 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 the installation.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United States Code.
SEC. 2812. 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.--Not later than 90 days before
extending the term of any ground lease of property or facilities under
this section, the Secretary concerned shall provide to the
congressional defense committees notice in writing of the extension and
a briefing. Such notice and briefing shall include each of the
following:
``(1) A description of any material differences between the
extended ground lease and the original ground lease, including
with respect to--
``(A) the length of the term of the lease, as
extended; and
``(B) any new provisions that materially affect the
rights and responsibilities of the ground lessor or the
ground lessee under the original ground lease.
``(2) The number of housing units or facilities subject to
the ground lease that, during the lease extension, are to be--
``(A) constructed;
``(B) demolished; or
``(C) renovated.
``(3) 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.
``(4) The following information, displayed annually, for
the five-year period preceding the date of the notice and
briefing:
``(A) The debt-to-net operating income ratio for
the property or facility subject to the ground lease.
``(B) The occupancy rates for the housing units
subject to the ground lease.
``(C) An report on maintenance response times and
completion of maintenance requests for the housing
units subject to the ground lease.
``(D) 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. 2813. 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,
the 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. 2814. PRIVATIZATION OF NAVY AND AIR FORCE TRANSIENT HOUSING.
(a) Privatization Required.--Beginning on the date that is 11 years
after the date of the enactment of this Act, the Secretary concerned
shall begin the process of privatizing all transient housing in the
United States under the jurisdiction of the Secretary concerned through
the conveyance of the transient housing to one or more eligible
entities. Such process shall be completed by not later than the date
that is 15 years after the date of the enactment of this Act.
(b) Applicable Privatization Laws.--The Secretary concerned shall
carry out this section using the authority provided by section 2872 of
title 10, United States Code, consistent with subchapters IV and V of
chapter 169 of such title.
(c) Limitations.--No Government direct loans, Government
guarantees, or Government equity may be extended in consideration of
any privatization carried out pursuant to subsection (a).
(d) Consultations.--In establishing a plan to carry out the
privatization of transient housing pursuant to subsection (a), the
Secretary concerned shall--
(1) consult with the Secretary of the Army; and
(2) to the greatest extent possible, incorporate into such
plan the best practices and efficiencies of the Secretary of
the Army in carrying out the privatization of transient housing
under the jurisdiction of the Secretary of the Army.
(d) Report Required.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until the privatization
required under subsection (a) is complete, the Secretary concerned
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report that includes--
(1) detailed plans for the privatization of all transient
housing under the jurisdiction of the Secretary; and
(2) timelines for conveyances and other critical
milestones.
(e) Rule of Construction.--Nothing in this section shall be
construed to affect any transient housing or lodging program
administered by the Coast Guard.
(f) Definitions.--In this section:
(1) The term ``eligible entity'' has the meaning given that
term in section 2871 of title 10, United States Code.
(2) The term ``transient housing'' means lodging intended
to be occupied by members of the Armed Forces on temporary
duty.
(3) The term ``Secretary concerned'' means--
(A) the Secretary of the Navy, with respect to
transient housing under the jurisdiction of the
Secretary of the Navy; and
(B) the Secretary of the Air Force, with respect to
transient housing under the jurisdiction of the
Secretary of the Air Force.
SEC. 2815. MILITARY HOUSING FEEDBACK TOOL.
(a) In General.--The Secretary of Defense shall provide for a
feedback tool, such as a rating system or similar mechanism, under
which members of the Armed Forces and their spouses may anonymously
identify, rate, and compare housing under the jurisdiction of the
Department of Defense (including privatized military housing).
(b) Components.--The tool required under subsection (a) shall
include the following components:
(1) The capability for users to--
(A) rate housing using multiple quality measures,
including safety, the timeliness and quality of
maintenance services, and the responsiveness of
management;
(B) upload visual media, including images;
(C) include written comments; and
(D) submit an alert for potential major health
risks, such as the potential presence of lead paint,
asbestos, mold, hazardous materials contaminated or
unsafe drinking water, or serious safety issues, such
as potential problems with fire or carbon monoxide
detection equipment.
(2) A comparison feature that can be used to compare
ratings for different housing communities.
(3) Accessibility by members of the Armed Forces, their
family members, and members of Congress.
(4) An educational feature to help users better identify
potential environmental and safety hazards like lead paint,
asbestos, mold and unsafe water, and potentially non-functional
fire or carbon monoxide detection equipment for the purposes of
protecting residents and submitting alerts described in
paragraph (1)(D) for potential problems that may need urgent
professional attention.
(c) Reporting Requirement.--The Secretary of Defense shall submit
to the appropriate congressional committees, and make available to the
Secretary concerned, an annual report that includes a summary of the
data collected using the feedback tool required under this section
during the year covered by the report.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(2) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 2816. SCREENING AND REGISTRY OF INDIVIDUALS WITH HEALTH CONDITIONS
RESULTING FROM UNSAFE HOUSING UNITS.
(a) In General.--Subchapter V of chapter 169 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2895. Screening and registry of individuals with health
conditions resulting from unsafe housing units
``(a) Screening.--
``(1) In general.--The Secretary of Defense, in
consultation with appropriate scientific agencies as determined
by the Secretary, shall ensure that all military medical
treatment facilities screen eligible individuals for covered
conditions.
``(2) Establishment of procedures.--The Secretary may
establish procedures through which screening under paragraph
(1) may allow an eligible individual to be included in the
registry under subsection (b).
``(b) Registry.--
``(1) In general.--The Secretary of Defense shall establish
and maintain a registry of eligible individuals who have a
covered condition.
``(2) Inclusion of information.--The Secretary shall
include any information in the registry under paragraph (1)
that the Secretary determines necessary to ascertain and
monitor the health of eligible individuals and the connection
between the health of such individuals and an unsafe housing
unit.
``(3) Public information campaign.--The Secretary shall
develop a public information campaign to inform eligible
individuals about the registry under paragraph (1), including
how to register and the benefits of registering.
``(c) Definitions.--In this section:
``(1) The term `covered condition' means a medical
condition that is determined by the Secretary of Defense to
have resulted from residing in an unsafe housing unit.
``(2) The term `eligible individual' means a member of the
armed forces or a family member of a member of the armed forces
who has resided in an unsafe housing unit.
``(3) The term `unsafe housing unit' means a dwelling unit
that--
``(A) does not meet the housing quality standards
established under section 8(o)(8)(B) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B));
or
``(B) is not free from dangerous air pollution
levels from mold.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2894a the following new item:
``2895. Screening and registry of individuals with health conditions
resulting from unsafe housing units.''.
SEC. 2817. MANDATORY DISCLOSURE OF PRESENCE OF MOLD AND HEALTH EFFECTS
OF MYCOTOXINS BEFORE A LEASE IS SIGNED FOR PRIVATIZED
MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10, United
States Code, is amended by inserting after section 2890 the following
new section:
``Sec. 2890a. Disclosure of presence of mold and health effects of
mycotoxins
``The Secretary of Defense shall require that each landlord, before
signing a lease with a prospective tenant for a housing unit, disclose
to such prospective tenant--
``(1) whether there is any mold present in the housing unit
at levels that could cause harmful impacts on human health; and
``(2) information regarding the health effects of
mycotoxins.''.
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by inserting after the item relating to section 2890 the
following new item:
``2890a. Disclosure of presence of mold and health effects of
mycotoxins.''.
SEC. 2818. MODIFICATION OF PROHIBITION ON OWNERSHIP OR TRADING OF
STOCKS IN CERTAIN COMPANIES BY CERTAIN OFFICIALS OF THE
DEPARTMENT OF DEFENSE.
Section 988(a) of title 10, United States Code, is amended by
striking ``if that company is one of the 10 entities awarded the most
amount of contract funds by the Department of Defense in a fiscal year
during the five preceding fiscal years'' and inserting ``if, during the
preceding calendar year, the company received more than $1,000,000,000
in revenue from the Department of Defense, including through 1 or more
contracts with the Department''.
Subtitle C--Real Property and Facilities Administration
SEC. 2821. 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, 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.
``(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
under this subsection shall revert to the United States upon the
termination or non-renewal of the underlying land lease.
``(c) Covered FFRDC.--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 at the beginning of
such chapter is amended by inserting after the item relating to section
2668a the following new item:
``2669. Transfer of land and facilities to support contracts with
federally-funded research and development
centers.''.
SEC. 2822. RESTORATION OR REPLACEMENT OF DAMAGED, DESTROYED, OR
ECONOMICALLY UNREPAIRABLE FACILITIES.
(a) Inclusion of Appropriations Account in Congressional
Notification Regarding Funding.--Subsection (b) of section 2854 of
title 10, United States Code, is amended by inserting ``military
construction appropriations account that is the'' before ``source of
funds''.
(b) Economically Unrepairable Facilities.--Subsection (c)(1) of
such section is amended--
(1) in the matter preceding subparagraph (A), by inserting
``or is economically unrepairable'' after ``damaged or
destroyed'';
(2) in subparagraph (A), by inserting ``, or the situation
that rendered the facility economically unrepairable,'' after
``facility''; and
(3) in subparagraph (B)(iii), by striking ``damage to a
facility rather than destruction'' and inserting ``a facility
that has been damaged or rendered economically unrepairable
rather than destroyed''.
SEC. 2823. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO ADDRESS
TRANSPORTATION INFRASTRUCTURE IN VICINITY OF MILITARY
INSTALLATIONS.
(a) In General.--Section 2816 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``this Act'' and
inserting ``the National Defense Authorization Act for
Fiscal Year 2023''; and
(B) in paragraph (2), by striking ``this Act'' and
inserting ``the National Defense Authorization Act for
Fiscal Year 2023''; and
(2) by adding at the end the following new subsections:
``(d) Petition for Certification of Roads as Defense Access
Roads.--
``(1) In general.--Not later than October 1, 2023, the
Secretary of Defense shall establish a formal mechanism under
which--
``(A) a State, county, or municipality may petition
the Secretary to certify roads as defense access roads
under section 210 of title 23, United States Code; and
``(B) the Secretary shall respond, in writing, to
any such petition by not later than 90 days after
receiving the petition.
``(2) State defined.--In this subsection, the term `State'
means any of the several States, the District of Columbia,
American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto Rico, and the United States
Virgin Islands.
``(e) Public Availability of Information.--The Secretary of Defense
shall maintain and update regularly on an appropriate website of the
Federal Government, a list of all roads certified as important to the
national defense by the Secretary or by such other official as the
President may designate. Such website shall include, for each such
road, each of the following:
``(1) The military installation (as such term is defined in
section 2687(g)(1) of title 10, United States Code) that is in
closest proximity to the road.
``(2) The date on which the road was so certified.
``(3) Any fiscal year for which the President transmitted
to Congress under section 1105 of title 31, United States Code,
a budget request that included an amount for such road.
``(4) Any fiscal year for which Congress appropriated an
amount for such road.
``(f) Treatment of Classified Information.--Nothing in subsection
(d) or (e) shall be construed as a requirement for the Secretary of
Defense to make publicly available any classified information.''.
(b) Report on Defense Access Roads.--Section 2814(b) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417) is amended--
(1) by striking ``April 1, 2009'' and inserting ``one year
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2023''; and
(2) by inserting before the period at the end the
following: ``and name any road that the commander of a military
installation (as such term is defined in section 2687(g)(1) of
title 10, United States Code) or the Secretary of a military
department has recommended that the Secretary of Defense
certify as a defense access road during the period beginning on
April 1, 2009, and ending on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2023''.
(c) Report on Designation of Certain Highways as Defense Access
Roads.--
(1) Report.--Not later than October 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
containing the results of a study on the advisability of
designating each of the roads identified under paragraph (2) as
defense access roads for purposes of section 210 of title 23,
United States Code.
(2) Roads identified.--The roads identified under this
subsection are each of the following:
(A) For Beale Air Force Base, California:
(i) Chuck Yeager Road.
(ii) North Beale Road.
(iii) Spenceville Road, also known as Camp
Beale Highway.
(iv) South Beale Road.
(B) For Travis Air Force Base, California:
(i) Air Base Parkway.
(ii) Canon Road.
(iii) Gate Road, including North Gate Road.
(iv) Petersen Road.
(v) Vanden Road.
SEC. 2824. PHYSICAL ENTRANCES TO CERTAIN MILITARY INSTALLATIONS.
The Secretary of Defense shall ensure that, to the extent
practicable--
(1) each military installation in the United States has a
designated main entrance that, at all times, is manned by at
least 1 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) if a military installation in the United States 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 specified in paragraph
(2); and
(4) the information published on the Internet website
specified in paragraph (2) is reviewed and, as necessary,
updated on a basis that is not less frequent than annually.
SEC. 2825. IMPROVEMENTS RELATING TO ACCESS TO MILITARY INSTALLATIONS IN
UNITED STATES.
(a) Additional Categories for Expedited Access.--Chapter 159 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. 2698. Access to military installations: standards for entry to
military installations in United States
``(a) Access to Military Installations in United States.--(1) The
Secretary of Defense shall maintain access standards applicable to all
military installations in the United States. Such standards shall
require screening standards appropriate to the type of installation
involved, the security level of the installation, the category of
individuals authorized to visit the installation, and the level of
access to be granted, including--
``(A) protocols and criteria to determine the fitness of
the individual to enter an installation;
``(B) standards and methods for verifying the identity of
the individual; and
``(C) other factors the Secretary determines appropriate.
``(2) In developing the standards under paragraph (1), the
Secretary shall, with respect to military installations in the United
States--
``(A) include procedures for recurring unescorted access to
facilitate future visits to the installation for individuals
who--
``(i) are non-Department of Defense personnel; and
``(ii) are determined to be eligible under such
standards; and
``(B) ensure that access for such individuals is based on
the use of credentials non-Department of Defense personnel
already posses, to the extent practical.
``(3) Upon publication in the Federal Register of final regulations
to carry out paragraph (1), the Secretary shall publish the standards
set forth therein on a publicly accessible Internet website of the
Department of Defense.
``(4) In carrying out this subsection, the Secretary shall seek to
procure and field existing identification screening technology
(including technology to enable the Secretary to validate other
Federally recognized access credentials) and develop additional
technology only to the extent necessary to assist commanders of
military installations in the United States in implementing the
standards under paragraph (1) at points of entry for such
installations.
``(b) Pre-arrival Registration and Screening Protocol for Access to
Military Installations in United States.--The Secretary shall ensure
that the standards under subsection (a) include a specific protocol for
the voluntary pre-arrival registration and screening of individuals
anticipating a need for access to a military installation in the United
States to establish the fitness and purpose of such individual. Under
such protocol--
``(1) such a screening shall occur not less than 24 hours,
and not more than 14 days prior, to the time of such access;
and
``(2) if an individual is determined fit to enter the
installation pursuant to the pre-arrival registration and
screening, access may only be granted upon arrival at the
military installation on the date of the established purpose,
following a verification of the identity of the individual.
``(c) Unescorted Access to Military Installations in United States
for Certain Individuals.--The Secretary shall maintain guidance
regarding the granting of unescorted access to military installations
in the United States for covered individuals and ensure such guidance
is circulated to the commanders of each such military installation.
Such guidance shall--
``(1) identify the categories of covered individuals that
may obtain such unescorted access;
``(2) include a list of credentials that can be used for
access to an installation that are, to the extent practical,
types of identification non-Department of Defense personnel
already posses.
``(3) be consistent across military installations in the
United States; and
``(4) be in accordance with any privileges or benefits
accorded under, procedures developed pursuant to, or
requirements of, each covered provision and subsection (a).
``(d) Physical Entrances to Certain Military Installations.--The
Secretary shall ensure that, to the extent practicable--
``(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;
``(2) the location of each such designated main entrance is
published on a publicly accessible Internet website of the
Department;
``(3) if a military installation in the United States 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 specified in paragraph
(2); and
``(4) the information published on the Internet website
specified in paragraph (2) is reviewed and, as necessary,
updated on a basis that is not less frequent than annually.
``(e) Reviews and Submission to Congress.--On a basis that is not
less frequent than once every five years, the Secretary shall--
``(1) review the standards and guidance under this section,
and make such updates as may be determined appropriate by the
Secretary; and
``(2) submit to the Committees on Armed Services of the
House of Representatives and the Senate the most recently
reviewed and, as applicable, updated version of such standards
and guidance.
``(f) Definitions.--In this section:
``(1) The term `covered individual' means, with respect to
a military installation in the United States, the following:
``(A) A member of the armed forces or civilian
employee of the Department of Defense, or an employee
or family member of such member or employee, who
resides, attends school, receives health care services,
or shops at a commissary or exchange store on the
installation.
``(B) A retired member of the armed forces,
including the reserve components, or a family member of
such retired member, who resides, attend schools,
receives health care services, or shops at a commissary
or exchange store on the installation.
``(C) An individual performing work at the
installation under a contract or subcontract (at any
tier), including a military construction project,
military family housing project, or a Facilities
Sustainment, Restoration, and Modernization project.
``(D) A motor carrier or household goods motor
carrier providing transportation services for the
United States Transportation Command.
``(E) An official who is employed by an agency of
the State in which the installation is located that
enforces laws relating to workers' compensation or
minimum wage with respect to such State and who is
seeking such access pertaining to a specific military
construction project, military family housing project,
or Facilities Sustainment, Restoration, and
Modernization project.
``(F) A representative of any labor organization
(as defined in section 2 of the National Labor
Relations Act (29 U.S.C. 152)), including a member of
any labor management committee described in section
205A of the Labor Management Relations Act, 1947 (29
U.S.C. 175a), who is--
``(i) seeking access to an individual
performing work at the installation who is a
member of such labor organization--
``(I) in connection with a specific
military construction project, military
family housing project, or Facilities
Sustainment, Restoration, and
Modernization project; or
``(II) pursuant to a concessions or
service contract subject to chapter 67
of title 41 (known as the `McNamara-
O'Hara Service Contract Act of 1965');
or
``(ii) seeking access to an individual
performing work at the installation for the
purposes of soliciting such individual to join
such labor organization.
``(G) A representative of any labor organization
(as defined in section 2 of the National Labor
Relations Act (29 U.S.C. 152)), including a member of
any labor management committee described in section
205A of the Labor Management Relations Act, 1947 (29
U.S.C. 175a), or a representative of a program
registered under the Act of August 16, 1937 (commonly
known as the `National Apprenticeship Act'; 29 U.S.C.
50 et seq.) conducting a vocational training, job fair,
or similar workforce development event for members of
the armed forces or veterans at the installation.
``(2) The term `covered provision' means the following:
``(A) Chapter 54 of this title.
``(B) Section 202 of the REAL ID Act of 2005
(Public Law 109-13; 49 U.S.C. 30301 note).
``(C) Section 2812 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 126 Stat. 2150; 10 U.S.C. 113 note).
``(D) Sections 346 and 1050 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 10 U.S.C. 113 note).
``(E) Section 626 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1802; 10 U.S.C. 113 note).
``(F) Section 1090 of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3879;
10 U.S.C. 113 note).
``(3) The term `Federally recognized access credential'
means a credential authorized by Federal law or otherwise
issued by the head of a Federal department or agency that
requires the vetting of an individual for access to a facility,
area, or program.
``(4) The term `military installation' has the meaning
given that term in section 2801 of this title.
``(5) The term `State' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands of the United States, or the
Commonwealth of the Northern Mariana Islands.
``(6) The term `United States' includes each State, as such
term is defined in this subsection.''.
(b) Deadline for First Review and Submission to Congress.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall--
(1) conduct the first review of the standards and guidance
required under section 2698 of title 10, United States Code (as
added by subsection (a)); and
(2) submit to the Committees on Armed Services of the House
of Representatives and the Senate the reviewed and, as
applicable, updated version of such standards and guidance.
(c) Modification to Certain Notification Requirement.--Section
1090(b)(2)(B) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3879; 10 U.S.C. 113 note) is amended by striking ``is'' and inserting
``and, as appropriate, the Secretary of Homeland Security and the
Director of the Federal Bureau of Investigation, are''.
(d) Technical and Conforming Amendments.--
(1) Repeal of duplicate provision.--Section 1069 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 326) is repealed.
(2) Conforming amendments to prior national defense
authorization act.--Section 1050 of the National Defense
Authorization Act for Fiscal Year 2017 (10 U.S.C. 113 note; 130
Stat. 2396) is amended--
(A) in subsection (a), by striking ``Department of
Defense installations'' and inserting ``military
installations in the United States'';
(B) in subsection (b), by striking ``Department of
Defense facilities'' and inserting ``military
installations in the United States''; and
(C) by adding at the end the following new
subsection:
``(c) Definitions.--In this section, the terms `military
installation' and `United States' have the meanings given such terms in
section 2698(e) of title 10, United States Code.''.
Subtitle D--Military Facilities Master Plan Requirements
SEC. 2831. 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 the 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).
Subtitle E--Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
SEC. 2841. 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, as added and amended by section 2825 of
the Military Construction Authorization Act for Fiscal Year
2021 (division B of Public Law 116-283).
SEC. 2842. STUDY OF MILITARY HOUSING RESILIENCE AND ENERGY EFFICIENCY.
(a) Study.--The Secretary of Defense shall conduct a study of
military housing resilience and energy efficiency to assess compliance
with the Unified Facilities Criteria for Housing and with the latest
published editions of relevant codes, specifications, and standards
that incorporate the latest hazard-resistant and energy-efficient
designs and establish minimum acceptable criteria for the design,
construction, and maintenance of residential structures.
(b) Elements.--The study shall include the following elements:
(1) An identification and assessment of deficiencies,
costs, and timelines to relocate, rehabilitate, repair, or
retrofit as needed all military housing, including barracks,
family housing, and privatized family and unaccompanied
housing, to ensure health, safety, energy security, and
resilience.
(2) An inventory of all housing structures that are located
in floodprone areas and within the Wildland-Urban Interface.
(3) An identification and inventory of all housing
structures that experienced loss or damage due to weather or
other natural hazards during the preceding five years.
(4) An identification of any needed updates to the Unified
Facilities Criteria to ensure such Criteria comports with the
latest published editions of relevant codes, specifications,
and standards that incorporate the latest hazard-resistant and
energy-efficient designs and establish minimum acceptable
criteria for the design, construction, and maintenance of
residential structures.
(c) Initial Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the study required under subsection (a).
(d) Annual Reports.--One year after the date of the submittal of
the initial report under subsection (c), and annually thereafter, the
Secretary shall submit to the congressional defense committees a report
on the progress of the Department of defense in addressing deficiencies
identified in the initial report, with the goal of addressing all
deficiencies for all military housing within five years and to ensure
that all military housing is sited, designed, and maintained to comply
with the latest codes, specifications, and standards for health,
safety, energy security, and resilience.
Subtitle F--Land Conveyances
SEC. 2851. 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. 2852. AUTHORITY FOR TRANSFER OF ADMINISTRATIVE JURISDICTION,
CASTNER RANGE, FORT BLISS, TEXAS.
Section 2844 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by redesignating the text beginning
with ``convey'' and ending with ``Franklin
Mountains State Park.'' as subparagraph (B);
(ii) by striking ``may'' and inserting
``may--''; and
(iii) by inserting after subparagraph (B),
as redesignated by subparagraph (A) of this
paragraph, the following new subparagraph (A):
``(A) transfer administrative jurisdiction of
approximately 7,081 acres at Fort Bliss, Texas, to the
Secretary of the Interior (acting through the Director
of the Bureau of Land Management) which shall be
managed in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and any
other applicable laws; or''; and
(B) in paragraph (2)--
(i) by inserting ``transfer of
administrative jurisdiction or'' before
``conveyance'';
(ii) by inserting ``transfer to the
Secretary of the Interior or'' before ``convey
to the Department''; and
(iii) by striking ``Department's'';
(2) in subsection (b)--
(A) by inserting ``conveys the real property under
subsection (a)(1)(B) and'' after ``If the Secretary'';
and
(B) by striking ``conveyed under subsection (a)'';
(3) in the first subsection (c), by striking ``the land
conveyance under this section'' and inserting ``a land
conveyance under subsection (a)(1)(B)'';
(4) by redesignating the second subsection (c) and
subsections (d) and (e) as subsections (d), (e), and (f),
respectively;
(5) in subsection (d), as so redesignated, by inserting
``transferred or'' before ``conveyed'';
(6) in subsection (e), as so redesignated, by striking
``the conveyances under subsection (a)'' and inserting ``a
conveyance under subsection (a)(1)(B)'';
(7) in subsection (f), as so redesignated--
(A) by striking ``federal'' each place it appears
and inserting ``Federal'';
(B) by striking ``non-federal'' each place it
appears and inserting ``non-Federal''; and
(C) in paragraph (3), by inserting ``transferred
or'' before ``conveyed''; and
(8) by adding at the end the following new subsection:
``(g) Memorandum of Understanding.--The Secretary may enter into a
memorandum of understanding with the Secretary of the Interior (acting
through the Director of the Bureau of Land Management) regarding any
transfer of administrative jurisdiction under subsection (a)(1)(A).''.
SEC. 2853. 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 United States an
amount at least equal to the fair market value, as determined
by the Secretary, based on an appraisal of the property to be
conveyed under such subsection. Consideration may be cash
payment, in-kind consideration as described under paragraph
(2), or a combination thereof. The consideration paid to the
Secretary must be 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 and belonging to any military department,
located upon the property to be conveyed under subsection (a).
All cash consideration must be paid in full, and any in-kind
consideration must be complete and useable, and delivered to
the satisfaction of the Secretary at or prior to date of the
conveyance under subsection (a).
(2) In-kind consideration.--In-kind consideration described
in this paragraph may include the acquisition, construction,
provision, improvement, maintenance, repair, or restoration
(including environmental restoration), or combination thereof,
of any facilities or infrastructure within proximity to the
Joint Base Charleston Weapons Station (South Annex) and located
on Joint Base Charleston, that the Secretary considers
acceptable.
(3) Treatment of cash consideration received.--Any cash
payment received by the United States under paragraph (1) shall
be deposited in the special account in the Treasury referred to
in subparagraph (A) of paragraph (5) of subsection (b) of
section 572 of title 40, United States Code, and shall be
available in accordance with subparagraph (B) of such
paragraph.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--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. If amounts paid by the City to the Secretary in
advance exceed the costs actually incurred by the Secretary to
carry out the conveyance, 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 that is
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) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to all valid existing rights and the condition that
the City 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.--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 to be
appropriate.
SEC. 2854. 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. The Secretary's 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 subsection (a) of paragraph (1) of
subsection (e) of section 2667 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. 2855. 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.
Subtitle G--Miscellaneous Studies and Reports
SEC. 2861. FFRDC 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 United Facilities
Criteria changes and their inclusion into advanced planning, DD
form 1391 budget justifications, 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, DD form 1391 budget
justifications, and planning and design.
(3) Barriers to incorporating innovative techniques,
including 3D printed building techniques.
(4) Whether the Strategic Environmental Research and
Development Program or the Environmental Security Technology
Certification Program could be used to validate such materials
and techniques to provide the Army Corps of Engineers and the
Naval Facilities Engineering Systems Command with confidence in
the use of such materials and techniques.
(c) Report to Congress.--Not later than 60 days after the
completion of a study pursuant to an agreement under subsection (a),
the Secretary of Defense shall submit to the congressional defense
committees a report on the results of the study.
SEC. 2862. FEASIBILITY STUDY FOR BLUE GRASS CHEMICAL AGENT-DESTRUCTION
PILOT PLANT.
(a) Study.--The Secretary of Defense, in consultation with the
Secretary of the Army, shall conduct a feasibility study to assess
potential missions, plants, or industries feasible for Army or
Department of Defense needs at the Blue Grass Chemical Agent-
Destruction Pilot Plant following the demolition and remediation of the
Blue Grass Chemical Agent-Destruction Pilot Plant located at the Blue
Grass Army Depot in Richmond, Kentucky. The study shall include the
following:
(1) Identification of any buildings and infrastructure in
the Blue Grass Chemical Agent-Destruction Pilot Plant that
could remain for future Army or Department of Defense use.
(2) Cost savings associated with repurposing existing
infrastructure for Army or Department of Defense purposes.
(3) Opportunities to fulfil requirements for defense
organic industrial base operations.
(4) Opportunities to fulfil requirements of Army Materiel
Command strategic planning, including ammunition production.
(5) Opportunities to fulfil Army or Department of Defense
modernization requirements.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
study conducted under subsection (a).
SEC. 2863. COMPTROLLER GENERAL ASSESSMENT OF MILITARY CONSTRUCTION,
MAINTENANCE, AND UPGRADES OF JOINT BASE INFRASTRUCTURE
AND FACILITIES.
(a) In General.--The Comptroller General of the United States shall
conduct an assessment of possible inequitable prioritization of
military construction, maintenance, and upgrades of joint base
infrastructure and facilities, with a focus on facilities as they
relate to subordinate components relative to the supporting component
on joint bases.
(b) Elements.--The assessment required by subsection (a) shall
include the following elements:
(1) Historical analysis of investments made in
infrastructure used by supported components, including
allocation of new infrastructure spending between supported and
supporting components.
(2) The policies and procedures at the departmental and
installation level designed to ensure the proper sustainment,
restoration, modernization, recapitalization, new construction,
and demolition of infrastructure used by supported components.
(3) Efforts to address the priorities of the supported
components through military construction and facility upgrades.
(4) Potential benefits of using the supported components'
service-specific construction agents for major infrastructure
investments.
SEC. 2864. REPORT ON UNDERGROUND TUNNELS AND FACILITIES IN HAWAII.
(a) Requirements Survey.--Not later than 120 days after the date of
the enactment of this Act, the Assistant Secretary of Defense for
Sustainment shall submit to the congressional defense committees a
report containing the results of a survey of underground tunnels and
facilities on Department of Defense property located in Hawaii, and
such report shall include--
(1) a description of the location, size, and condition of
underground tunnels and facilities currently in use;
(2) a description of the location, size, and condition of
unused underground tunnels and facilities;
(3) a description of any current proposed future uses for
each of the unused underground tunnels and facilities, if any;
(4) a summary of existing unmet requirements for hardened
underground facilities for each service; and
(5) efforts to coordinate across the services the
assessments and potential future use of hardened underground
facilities.
(b) Form.--The survey required under subsection (a) shall be
submitted in unclassified form, but shall include a classified annex to
include all information responsive to the study directive that is
classified.
SEC. 2865. COMPTROLLER GENERAL REPORT ON COMMUNITY ENGAGEMENT
ACTIVITIES AT MILITARY INSTALLATIONS IN FOREIGN
COUNTRIES.
Not later than 180 days 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 containing the results of a
study conducted by the Comptroller General on community engagement
activities at military installations located in foreign countries. The
report shall address the following:
(1) The programs and processes that exist at military
installations located in foreign countries to manage
relationships with the local community.
(2) Whether existing programs and authorities are effective
at fostering positive community relations at military
installations located in foreign countries.
(3) An identification of any authorities or changes to
existing programs that could help the Department of Defense
improve relationships with local communities at military
installations located in foreign countries.
SEC. 2866. REPORT ON RECOGNITION OF AFRICAN AMERICAN SERVICEMEMBERS IN
DEPARTMENT OF DEFENSE NAMING PRACTICES.
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 containing the following information:
(1) A description of current Department of Defense naming
conventions for military installations, infrastructure,
vessels, and weapon systems.
(2) A list of all military installations (including reserve
component facilities), infrastructure (including reserve
component infrastructure), vessels, and weapon systems that are
currently named after African Americans who served in the Armed
Forces.
(3) An explanation of the steps being taken to recognize
the service of African Americans who have served in the Armed
Forces with honor, heroism, and distinction by increasing the
number of military installations, infrastructure, vessels, and
weapon systems named after deserving African American members
of the Armed Forces.
SEC. 2867. 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. 2868. DIRECTING THE SECRETARY OF DEFENSE TO DELIVER A BRIEFING ON
HOUSING WITH RESPECT TO JUNIOR MEMBERS OF THE ARMED
FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall deliver a briefing on the housing
realities, difficulties, and needs facing junior members of the Armed
Forces to the Committee on Armed Services of the House of
Representatives. The briefing shall include:
(1) An overview of the available on-base housing stock,
military services' and individual bases' housing requirements
and practices, as well as other possible options for housing
junior members of the Armed Forces.
(2) An outline of Department plans for identifying
installations with a shortage of on-base or off-base housing
for junior enlisted members of the Armed Forces and plans to
address any shortages in order to enable bases to house their
junior members of the Armed Forces more productively, cost-
effectively, and safely, with an eye to quality of life and
force readiness.
(3) Any other information the Secretary determines to be
relevant.
SEC. 2869. REPORTING ON LEAD SERVICE LINES AND LEAD PLUMBING.
(a) Initial Report.--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 a
report that includes--
(1) a description of the state of lead service lines and
lead plumbing on military installations, military housing, and
privatized military housing;
(2) an evaluation of whether military installations,
military housing, and privatized military housing are in
compliance with the standards established in the Lead and
Copper rule and, if not, an identification of the areas of non-
compliance; and
(3) an identification of steps and resources needed to
remove remaining lead service lines and lead plumbing in
military installations and housing.
(b) Inclusion of Information in Annual Report.--The Secretary shall
include in the Defense Environmental Programs annual report for each
year after the year in which the initial report is submitted
information on the compliance of Department of Defense facilities and
housing with the Lead and Copper Rule.
Subtitle H--Other Matters
SEC. 2871. DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM.
Section 2391(e)(4)(A)(i) of title 10, United States Code, is
amended by inserting ``or on property subject to a real estate
agreement with a military installation, including a lease or easement''
after ``installation''.
SEC. 2872. 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. 2873. 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
by adding at the end the following new paragraphs:
``(4) Coordination with secretary of defense.--In
establishing a scorecard under this subsection, the Secretary
of the military department concerned shall coordinate with the
Secretary of Defense to ensure consistency among the military
departments.
``(5) Publication in federal register.--The methodology and
criteria for establishing each scorecard under this subsection
shall be published in the Federal Register for public
comment.''.
SEC. 2874. LEASE OR USE AGREEMENT FOR CATEGORY 3 SUBTERRANEAN TRAINING
FACILITY.
(a) In General.--The Secretary of Defense shall seek to enter into
a lease or use agreement with a category 3 subterranean training
facility that--
(1) is located in close proximity to air assault and
special forces units; 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 available for--
(1) the hosting of training and testing exercises for--
(A) for members of the Armed Forces, including
special operations forces;
(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) for 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.
SEC. 2875. REQUIRED CONSULTATION WITH STATE AND LOCAL ENTITIES ON
ISSUES RELATED TO INCREASE IN NUMBER OF MILITARY
PERSONNEL AT MILITARY INSTALLATIONS.
If any decision of the Secretary of Defense or the Secretary of a
military department would result in a significant increase in the
number of members of the Armed Forces assigned to a military
installation, the Secretary of Defense or the Secretary of the military
department concerned, during the development of the plans to implement
the decision with respect to that installation, shall consult with
appropriate State and local entities to ensure that matters affecting
the local community, including requirements for transportation, utility
infrastructure, housing, education, and family support activities, are
considered.
SEC. 2876. REQUIRED INVESTMENTS IN IMPROVING CHILD DEVELOPMENT CENTERS.
(a) Investments in Child Development Centers.--Of the total amount
authorized to be appropriated for the Department of Defense for
Facilities Sustainment, Restoration, and Modernization activities of a
military department, the Secretary of that military department shall
reserve the following amounts of the estimated replacement cost 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:
(1) An amount equal to one percent of such cost for fiscal
year 2023.
(2) An amount equal to two percent of such cost for fiscal
year 2024.
(3) An amount equal to three percent of such cost for
fiscal year 2025.
(4) An amount equal to five percent or such cost for fiscal
year 2026.
(b) Child Development Center Defined.--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. 2877. LIMITATION ON USE OF FUNDS FOR CLOSURE OF COMBAT READINESS
TRAINING CENTERS.
(a) 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 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 each of 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 unit training, including active
duty units that may use the center.
SEC. 2878. PILOT PROGRAM ON USE OF MASS TIMBER IN MILITARY CONSTRUCTION
PROJECTS.
(a) In General.--The Secretary of each of the military departments
shall carry out a pilot program to evaluate how the use of mass timber
as the primary construction material in military construction projects
affects the environmental sustainability, infrastructure resilience,
cost effectiveness, and construction timeliness of such projects. The
Secretary of a military department may carry out a military
construction project under the pilot program using the authorities
available to the Secretary of Defense under section 2914 of title 10,
United States Code, regarding military construction projects for energy
resilience, energy security, and energy conservation.
(b) Project Selection and Location.--
(1) Minimum number.--Each Secretary of a military
department shall carry out at least one military construction
project under the pilot program.
(2) Project locations.--The pilot program shall be
conducted at military installations in the United States--
(A) that are identified as vulnerable to extreme
weather events; and
(B) for which a military construction project is
authorized but a request for proposal has not been
released.
(3) Military unaccompanied housing.--In selecting military
construction projects for the pilot program, the Secretaries of
the military departments shall coordinate to ensure that at
least one of the projects involves the construction of military
unaccompanied housing.
(c) Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter until
December 31, 2025, the Secretaries of the military departments
shall jointly submit to the congressional defense committees a
report on the progress of the pilot program.
(2) Elements.--Each report required under paragraph (1)
shall include each of the following:
(A) A description of the status of the military
construction projects selected to be conducted under
the pilot program.
(B) An explanation of the reasons for the selection
of such military construction projects.
(C) An analysis of the projected or actual carbon
footprint, including stored carbon in building
materials, resilience to extreme weather events,
construction timeliness, and cost effectiveness, of the
military construction projects conducted under the
pilot program using mass timber as compared to other
materials historically used in military construction.
(D) Any updated guidance the Under Secretary of
Defense for Acquisition and Sustainment has released in
relation to the procurement policy for future military
construction projects based on comparable benefits
realized from use of mass timber, including guidance on
prioritizing sustainable materials in establishing
evaluation criteria for military construction project
contracts when technically feasible.
(d) Mass Timber Defined.--In this section, the term ``mass timber''
means any of the following:
(1) Cross-laminated timber.
(2) Nail-laminated timber.
(3) Glue-laminated timber.
(4) Laminated strand lumber.
(5) Laminated veneer lumber,
(e) Termination.--The authority of the Secretary of a military
department to carry out a military construction project under this
section shall expire on September 30, 2025. Any construction commenced
under the pilot program before such date may continue until completion.
SEC. 2879. CONTRIBUTIONS FOR CLIMATE RESILIENCE FOR NORTH ATLANTIC
TREATY ORGANIZATIONS SECURITY INVESTMENT.
Section 2806(a) of title 10, United States Code, is amended by
striking ``and construction'' and inserting ``construction, and climate
resilience''.
SEC. 2880. SCREENING AND REGISTRY OF INDIVIDUALS WITH HEALTH CONDITIONS
RESULTING FROM UNSAFE HOUSING UNITS.
(a) In General.--Subchapter V of chapter 169 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2895. Screening and registry of individuals with health
conditions resulting from unsafe housing units
``(a) Screening.--(1) The Secretary of Defense, in consultation
with appropriate scientific agencies as determined by the Secretary,
may ensure that all military medical treatment facilities screen
eligible individuals for covered conditions and covered lead exposure.
``(2) The Secretary may establish procedures through which
screening under paragraph (1) may allow an eligible individual to be
included in the registry under subsection (b).
``(b) Registry.--(1) The Secretary of Defense shall establish and
maintain a registry of eligible individuals who have a covered
condition.
``(2) The Secretary shall include any information in the registry
under paragraph (1) that the Secretary determines necessary to
ascertain and monitor the health of eligible individuals and the
connection between the health of such individuals and an unsafe housing
unit.
``(3) The Secretary shall develop a public information campaign to
inform eligible individuals about the registry under paragraph (1),
including how to register and the benefits of registering.
``(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 `covered condition' means a medical
condition that is determined by the Secretary of Defense to
have resulted from residing in an unsafe housing unit.
``(3) The term `covered lead exposure' means lead exposure
that is determined by the Secretary of Defense to have resulted
from residing in an unsafe housing unit.
``(4) The term `eligible individual' means a member of a
covered armed force or a family member of a member of a covered
armed force who has resided in an unsafe housing unit.
``(5) The term `unsafe housing unit' means a dwelling unit
that--
``(A) does not meet the housing quality standards
established under section 8(o)(8)(B) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B));
or
``(B) is not free from dangerous air pollution
levels from mold.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2894a the following new item:
``2895. Screening and registry of individuals with health conditions
resulting from unsafe housing units.''.
SEC. 2881. RECOGNITION OF MEMORIAL, MEMORIAL GARDEN, AND K9 MEMORIAL OF
THE NATIONAL NAVY UDT-SEAL MUSEUM IN FORT PIERCE,
FLORIDA, AS A NATIONAL MEMORIAL, MEMORIAL GARDEN, AND K9
MEMORIAL, RESPECTIVELY, OF NAVY SEALS AND THEIR
PREDECESSORS.
The Memorial, Memorial Garden, and K9 Memorial of the National Navy
UDT-SEAL Museum, located at 3300 North Highway A1A, North Hutchinson
Island, in Fort Pierce, Florida, are recognized as a national memorial,
memorial garden, and K9 memorial, respectively, of Navy SEALs and their
predecessors.
SEC. 2882. ENSURING THAT CONTRACTOR EMPLOYEES ON ARMY CORPS PROJECTS
ARE PAID PREVAILING WAGES AS REQUIRED BY LAW.
The Assistant Secretary of the Army for Civil Works shall provide
to each Army Corps district clarifying, uniform guidance with respect
to prevailing wage requirements for contractors and subcontractors of
the Army Corps that--
(1) conforms with the Department of Labor's regulations,
policies, and guidance with respect to the proper
implementation and enforcement of subchapter IV of chapter 31
of title 40, United States Code (commonly known as the ``Davis-
Bacon Act'') and other related Acts, including the proper
classification of all crafts by Federal construction
contractors and subcontractors;
(2) directs Army Corps districts to investigate worker
complaints and third-party complaints within 30 days of the
date of filing; and
(3) instructs Army Corps districts that certified payroll
reports submitted by contractors and subcontractors and the
information contained therein shall be publicly available and
are not exempt from disclosure under section 552(b) of title 5,
United States Code.
SEC. 2883. INCLUSION OF CLIMATE RESILIENCE SERVICES IN THE COMBATANT
COMMANDER INITIATIVE FUND.
Section 166a(b) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(11) Climate resilience of military installations and
essential civilian infrastructure.
``(12) Military support to civilian and military
authorities to combat illegal wildlife trafficking, illegal
timber trafficking, and illegal, unreported, or unregulated
fishing.''.
SEC. 2884. 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.
TITLE XXIX--SCIENCE AND TECHNOLOGY MILITARY CONSTRUCTION
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of the Army may acquire real property and carry out
the military construction projects for the installations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Country Installation Amount
------------------------------------------------------------------------
Alabama........................ Redstone Arsenal.. $50,000,000
Maryland........................ Aberdeen.......... $85,000,000
Mississippi..................... Vicksburg......... $20,000,000
New Jersey...................... Picatinny Arsenal. $12,000,000
------------------------------------------------------------------------
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECT.
The Secretary of the Navy may acquire real property and carry out
the military construction project for the installation inside the
United States, and in the amount, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Country Installation Amount
------------------------------------------------------------------------
California..................... Corona............ $15,000,000
Maryland........................ Carderock......... $2,073,000
Indian Head....... $8,039,000
Virginia........................ Dahlgren.......... $2,503,000
------------------------------------------------------------------------
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of the Air Force may acquire real property and carry
out the military construction projects for the installations inside the
United States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Country Installation Amount
------------------------------------------------------------------------
Hawaii......................... AFRL Maui......... $89,000,000
New York........................ AFRL Rome......... $4,200,000
------------------------------------------------------------------------
SEC. 2904. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2022, for the military construction
projects inside the United States authorized by this title as specified
in the funding table in section 4601.
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.
(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, $45,000,000.
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, Limitations, and
Other Matters
SEC. 3111. PLUTONIUM PIT PRODUCTION CAPACITY.
(a) Finding.--Congress finds that the National Nuclear Security
Administration and the Nuclear Weapons Council have acknowledged that
producing 80 war reserve plutonium pit per year by 2030 is not
achievable.
(b) Requirement.--Subsection (a) of section 4219 of the Atomic
Energy Defense Act (50 U.S.C. 2538a) is amended to read as follows:
``(a) Production.--
``(1) Requirement.--The Secretary of Energy shall produce
the annual number of war reserve plutonium pits that the
Secretary of Defense identifies as a requirement of the
Department of Defense.
``(2) Capacity.--In carrying out paragraph (1), the
Secretary of Energy shall--
``(A) ensure that Los Alamos National Laboratory,
Los Alamos, New Mexico, has the ability to--
``(i) produce 30 war reserve plutonium pits
during any year that the Secretary of Defense
identifies such production amount as a
requirement of the Department of Defense; and
``(ii) implement surge efforts to produce
more than 30 war reserve plutonium pits during
any year that the Secretaries identifies such
production amount as a requirement of the
Department of Defense;
``(B) ensure that the Savannah River Plutonium
Processing Facility at the Savannah River Site, Aiken,
South Carolina, has a sustainable ability to--
``(i) produce 50 war reserve plutonium pits
during any year the Secretary of Defense
identifies such production amount as a
requirement of the Department of Defense; and
``(ii) implement surge efforts to produce
more than 50 war reserve plutonium pits during
any year that the Secretaries identifies such
production amount as a requirement of the
Department of Defense; and
``(C) maintain the Los Alamos National Laboratory
as the Plutonium Science and Production Center of
Excellence for the United States.''.
(c) Certifications.--Such section is further amended--
(1) by striking subsections (b) and (c);
(2) by redesignating subsections (d) through (f) as
subsections (c) through (e), respectively;
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Annual Notifications, Certifications, and Plans.--
``(1) Department of defense.--Not later than March 1, 2023,
and each year thereafter, the Secretary of Defense shall notify
the Secretary of Energy and the appropriate congressional
committees of the following:
``(A) The requirement of the Department of Defense
with respect to the total minimum number of war reserve
plutonium pits to be produced during the 10-year period
following the notification and a justification of the
requirement.
``(B) The year, if any, in which not fewer than 80
war reserve plutonium pits are needed to be produced to
meet the requirement of the Department of Defense.
``(2) Department of energy.--Not later than 30 days after
the date on which the Secretary of Energy receives a
notification under paragraph (1), the Secretary shall submit to
the appropriate congressional committees the following:
``(A) A certification of whether the programs and
budget of the Secretary will enable the nuclear
security enterprise to meet the requirements identified
by the Secretary of Defense in the notification.
``(B) A plan by the Secretary of Energy to meet
such requirements, including an identification of the
number of war reserve plutonium pits the Secretary will
produce during each year covered by the notification
and a cost estimate to meet such requirements.''; and
(4) by striking subsection (e), as so redesignated, and
inserting the following new subsection:
``(e) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means
the following:
``(A) The congressional defense committees.
``(B) The Committee on Energy and Commerce of the
House of Representatives and the Committee on Energy
and Natural Resources of the Senate.
``(2) The term `covered project' means--
``(A) the Savannah River Plutonium Processing
Facility, Savannah River Site, Aiken, South Carolina
(Project 21-D-511); or
``(B) the Plutonium Pit Production Project, Los
Alamos National Laboratory, Los Alamos, New Mexico
(Project 21-D-512).''.
(d) Conforming Repeal.--Section 3120 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2292) is repealed.
(e) Briefing.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall submit to the appropriate congressional
committees a briefing that assesses the options for partnering
with covered entities to seek cost efficiencies and mitigate
supply chain risks related to the production of plutonium pits,
including the production and integration of glove boxes.
(2) Covered entities defined.--In this subsection, the term
``covered entities'' means entities from private industry with
expertise in advanced manufacturing and production techniques
related to plutonium pits.
SEC. 3112. NUCLEAR WARHEAD ACQUISITION PROCESS.
(a) Expansion of Reporting and Certification Requirements.--Section
4223 of the Atomic Energy Defense Act (50 U.S.C. 2538e), as amended by
section 3114, is further amended as follows:
(1) By striking ``the W93 nuclear weapon'' each place it
appears and inserting ``a covered nuclear weapon''.
(2) By striking ``a W93 nuclear weapon program'' each place
it appears and inserting ``a program for that nuclear weapon''.
(3) In subsection (b)(2), by striking ``for the sub-surface
ballistic nuclear (SSBN) force''.
(4) By striking subsection (d) and inserting the following
new subsection (d):
``(d) Definitions.--In this section:
``(1) The term `covered nuclear weapon' means the
following:
``(A) The W93 nuclear weapon.
``(B) A modified nuclear weapon.
``(C) A new nuclear weapon.
``(2) The term `joint nuclear weapons life cycle' has the
meaning given that term in section 4220.
``(3) The terms `modified nuclear weapon' and `new nuclear
weapon' have the meaning given those terms in section 4209.''.
(b) Conforming Amendment.--Such Act is further amended by striking
the section heading for section 4223 and inserting the following (and
conforming the table of contents at the beginning of such Act
accordingly): ``nuclear warhead acquisition process''.
SEC. 3113. AUTHORIZED PERSONNEL LEVELS OF THE OFFICE OF THE
ADMINISTRATOR.
(a) Modification of Authorized Levels.--Subsection (a) of section
3241A of the National Nuclear Security Administration Act (50 U.S.C.
2441a) is amended to read as follows:
``(a) Full-time Equivalent Personnel Levels.--
``(1) Authorized level.--For fiscal year 2023 and each
fiscal year thereafter, the total number of employees of the
Office of the Administrator may not exceed 110 percent of the
total number of employees of the Office during the previous
fiscal year unless, during each fiscal year in which such
number is exceeded, the Administrator submits to the
congressional defense committees a report justifying such
excess.
``(2) Notification of total number.--Not later than
December 31, 2022, and each year thereafter, the Administrator
shall notify the congressional defense committees, the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Energy and Natural
Resources of the Senate of the total number of employees of the
Office of the Administrator during the previous fiscal year,
broken down by the office in which the employees are
assigned.''.
(b) Report.--Subsection (f) of such section is amended to read as
follows:
``(f) Annual Report.--The Administrator shall include in the budget
justification materials submitted to Congress in support of the budget
of the Administration for each fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code) a report containing the following information:
``(1) A projection of the expected number of employees of
the Office of the Administrator, as counted under subsection
(a), for the fiscal year covered by the budget justification
materials 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).''.
SEC. 3114. 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(j)))''.
SEC. 3115. 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 2029''; 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) whether, and if so 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 whether, and 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. 3116. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR PLANT
PROJECTS.
Section 4701(2) of the Atomic Energy Defense Act (50 U.S.C.
2741(2)) is amended by striking ``$25,000,000'' and inserting
``$30,000,000''.
SEC. 3117. 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. 3118. COMPTROLLER GENERAL STUDY ON NATIONAL NUCLEAR SECURITY
ADMINISTRATION MANAGEMENT AND OPERATION CONTRACTING
PROCESS.
(a) Study and Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall--
(1) conduct a study to identify and assess the process by
which the Administrator for Nuclear Security awards management
and operation contracts for Kansas City National Security
Campus, Lawrence Livermore National Laboratory, Los Alamos
National Laboratory, Nevada National Security Site, Y-12
National Security Complex, Pantex Plant, Sandia National
Laboratories, and Savannah River Site; and
(2) submit to the Administrator, the Nuclear Weapons
Council, and the congressional defense committees a report
containing the findings of such study and any recommendations
that the Comptroller General identifies based on its analysis.
(b) Matters.--The report under subsection (a) shall include the
following:
(1) An evaluation of the process by which management and
operation contracts are awarded to contractors for National
Nuclear Security Administration facilities.
(2) A detailed analysis of the impact that transitioning to
a new contractor has on the mission and workforce of the
National Nuclear Security Administration, including an
assessment of--
(A) costs incurred when a management and operation
contract is awarded and then later canceled;
(B) cost estimates for the contract award process;
and
(C) any impact to the overall mission of the
facility.
(3) An identification of factors involved in the awarding
of the contract that could negatively affect the workforce.
(4) A review of any recent successful protests against the
award of a management and operation contract.
(5) Such other matters as may be determined appropriate by
the Comptroller General.
(c) Briefing.--Not later than 90 days after the date on which the
Administrator receives the report submitted under subsection (a), the
Administrator, in coordination with the Nuclear Weapons Council, shall
provide to the congressional defense committees a briefing on any
statutory changes the Administrator determines necessary to improve the
management and operation contract awarding process and to conduct the
process in a more cost effective manner.
SEC. 3119. FUNDING FOR W80-4 LIFE EXTENSION PROGRAM.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 3101 for the National Nuclear Security Administration, as
specified in the corresponding funding table in section 4701, for
Stockpile Major Modernization, W80-4 Life Extension Program is hereby
increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 3101 for the National Nuclear Security Administration, as
specified in the corresponding funding table in section 4701, for
Maintenance and Repair of Facilities, Deferred Maintenance is hereby
reduced by $5,000,000.
SEC. 3120. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR MODIFIED
NUCLEAR WEAPONS.
(a) Activities Covered.--Subsection (a)(2) of section 4209 of the
Atomic Energy Defense Act (50 U.S.C. 2529) is amended by striking
``research and development which could lead to the production'' both
places it appears and inserting ``research and development for the
production''.
(b) Modification to Funding Request Format.--Subsection (b)(1) of
such section is amended by striking ``, or any concept work prior to
phase 1 or 6.1 (as the case may be),''.
(c) Exceptions.--Subsection (c) of such section is amended to read
as follows:
``(c) Exceptions.--Subsection (a) shall not apply to funds for
purposes of conducting, or providing for the conduct of, any of the
following:
``(1) Research and development, or manufacturing and
engineering, determined by the Secretary to be necessary to
address proliferation concerns.
``(2) Research and development for exploratory concept work
relating to nuclear weapons.''.
SEC. 3121. 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. 3122. DESIGNATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION AS
TECHNICAL NUCLEAR FORENSICS LEAD.
(a) In General.--Section 3211(b) of the National Nuclear Security
Administration Act (50 U.S.C. 2401(b)) is amended by adding at the end
the following new paragraph:
``(7) To lead the technical nuclear forensics efforts of
the United States.''.
(b) Rule of Construction.--The amendment made by this section may
not be construed to alter the functions vested in any department or
agency of the Federal Government by statute other than the National
Nuclear Security Administration pursuant to such amendment.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2023,
$41,401,000 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.).
SEC. 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) During a covered period, the Chairperson may carry out the
functions and powers of the Board under sections 312 through 316,
notwithstanding that a quorum does not exist.
``(3) In carrying out the functions and powers of the Board during
a covered period pursuant to paragraph (2), the Chairperson shall
consult with any other member of the Board who is serving during the
covered period and not incapacitated, except that the Chairperson may
make recommendations to the Secretary of Energy and initiate
investigations under section 312 only with the concurrence of any such
other member.
``(4) In this subsection, 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--
``(A) the date that is one year after such beginning date;
or
``(B) the date on which a quorum exists.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
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 SECURITY
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--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 for operations of the United
States Merchant Marine Academy, $99,748,000, of which--
(A) $87,848,000 shall be for Academy operations;
and
(B) $11,900,000 shall be for capital asset
management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $120,700,000, of which--
(A) $2,400,000 is for the Student Incentive
Program;
(B) $6,000,000 is for direct payments;
(C) $6,800,000 is for training ship fuel
assistance;
(D) $30,500,000 for school ship maintenance and
repair; and
(E) $75,000,000 for the National Security Multi-
Mission Vessel.
(3) For expenses necessary to support Maritime
Administration operations and programs, Headquarters
Operations, $67,433,000.
(4) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $6,000,000.
(5) 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.
(6) 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 used 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.
(7) For expenses necessary to provide for the Tanker
Security Fleet, as authorized under chapter 534 of title 46,
United States Code, $60,000,000.
(8) For expenses necessary to support maritime
environmental and technical assistance activities authorized
under section 50307 of title 46, United States Code,
$15,000,000.
(9) For expenses necessary to support marine highway
program activities authorized under chapter 556 of such title,
$15,000,000.
(10) For expenses necessary to provide assistance to small
shipyards and for the maritime training program authorized
under section 54101 of title 46, United States Code,
$30,000,000.
(11) For expenses necessary to implement the port
infrastructure development activities authorized under
subsections (a) and (b) of section 54301 of title 46, United
States Code, $685,000,000.
(12) For expenses necessary to provide for sealift
contested environment evaluation, $2,000,000.
(13) For expenses necessary to provide for National Defense
Reserve Fleet resiliency, $800,000.
(14) For expenses necessary to provide for training ship
State of Michigan maritime training platform requirements,
$1,200,000.
(b) Limitation.--None of the amounts authorized to be appropriated
for port infrastructure development activities under subsection (a)(11)
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.
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 90 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''.
SEC. 3503. UNITED STATES MARINE HIGHWAY PROGRAM.
(a) United States Marine Highway Program.--Section 55601 of title
46, United States Code, is amended to read as follows:
``Sec. 55601. United States marine highway program
``(a) Establishment.--There is in the Department of Transportation
a program, to be known as the `United States marine highway program'.
``(b) Criteria.--In order to be designated as a marine highway
transportation route under subsection (c) or as a marine highway
transportation project under subsection (d), a route or project shall--
``(1) provide a coordinated and capable alternative to
landside transportation;
``(2) mitigate or relieve landside congestion; or
``(3) promote marine highway transportation.
``(c) Marine Highway Transportation Routes.--The Secretary may--
``(1) designate a route that meets the criteria under
subsection (b) as a marine highway transportation route; and
``(2) collect and disseminate data related to such
designation.
``(d) Project Designation.--The Secretary may--
``(1) designate a project that meets the criteria under
subsection (b) as a marine highway transportation project if
the Secretary determines that such project uses vessels
documented under chapter 121 and--
``(A) develops, expands, or promotes--
``(i) marine highway transportation
services;
``(ii) shipper utilization of marine
highway transportation; or
``(iii) port and landside infrastructure
for which assistance is not available under
section 54301; or
``(B) implements strategies developed under section
5560; and
``(2) conduct research on solutions to impediments to such
projects.
``(e) Assistance.--
``(1) In general.--The Secretary may make grants, or enter
into contracts or cooperative agreements, to implement a marine
highway transportation project designated under subsection (e)
or a component of such a project.
``(2) Application.--To be eligible to receive a grant or to
enter into a contract or cooperative agreement under this
subsection, an applicant shall--
``(A) submit to the Secretary an application in
such form and manner, at such time, and containing such
information as the Secretary may require; and
``(B) demonstrate to the satisfaction of the
Secretary that--
``(i) the proposed project is financially
viable;
``(ii) the funds received under the grant,
contract, or cooperative agreement will be
spent or used efficiently and effectively; and
``(iii) a market exists for the services of
the proposed project, as evidenced by contracts
or written statements of intent from potential
customers.
``(3) Non-federal share.--Not more than 80 percent of the
funding for any project for which funding is provided under
this subsection may come from Federal sources.
``(4) Preference for financially viable projects.-- In
awarding grants or entering in contracts or cooperative
agreements under this subsection, the Secretary shall give a
preference to those projects or components that present the
most financially viable transportation services and require the
lowest percentage Federal share of the costs.
``(f) Additional Program Activities.--In carrying out the program
established under subsection (a), the Secretary of Transportation may--
``(1) 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
``(2) develop performance measures for the program.''.
(b) 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.''.
SEC. 3504. MULTISTATE, STATE, AND REGIONAL TRANSPORTATION PLANNING.
(a) Multistate, State, and Regional Transportation Planning.--
Chapter 556 of title 46, United States Code, is amended by inserting
after section 55602 the following:
``Sec. 55603. Multistate, State, and regional transportation planning
``(a) In General.--The Secretary, in consultation with Federal
entities, State and local 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 and local
governments include marine highway transportation and other
marine transportation solutions in transportation planning;
``(2) encourage State 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 and multistate
transportation entities to determine how marine highways can
address congestion, bottlenecks, and other interstate
transportation challenges.''.
(b) 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, and regional transportation planning.''.
Subtitle B--Merchant Marine Academy
SEC. 3511. APPOINTMENT OF SUPERINTENDENT OF UNITED STATES MERCHANT
MARINE ACADEMY.
Subsection (c) of section 51301 of title 46, United States Code, is
amended to read as follows:
``(c) Superintendent.--The immediate command of the United States
Merchant Marine Academy shall be in the Superintendent of the Academy,
who shall be appointed by the Secretary of Transportation and subject
to the direction of the Maritime Administrator under the general
supervision of the Secretary of Transportation.''.
SEC. 3512. EXEMPTION OF CERTAIN STUDENTS FROM REQUIREMENT TO OBTAIN
MERCHANT MARINER LICENSE.
Section 51309 of title 46, United States Code, is amended by adding
at the end the following:
``(d) Exemption From Requirement to Obtain License.--The Secretary
may modify or waive the requirements of section 51306(a)(2) for
students who provide reasonable concerns with obtaining a merchant
mariner license, including fear for safety while at sea after instances
of trauma, medical condition, or inability to obtain required sea time
or endorsement so long as such inability is not due to a lack of
proficiency or violation of Academy policy. The issuance of a
modification or waiver under this subsection shall not delay or impede
graduation from 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 Secretary of the department in which the Coast
Guard is operating, 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.''.
(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. 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)(B) may,
as determined by the Maritime Administrator, constitute a
violation of an operating agreement entered into under chapter
531, 532, or 533 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)(B).''.
(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) Requirements for Government-owned Vessels.--Subsection (c) of
such section is amended--
(1) in the subsection heading by striking ``Military
Sealift Command Vessels'' and inserting ``Government-owned
Vessels'';
(2) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and adjusting
the margins accordingly;
(3) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margins accordingly;
(4) by inserting before subparagraph (A), as so
redesignated, the following:
``(1) In general.--Consistent with the purpose of the
United States Merchant Marine Academy, as described in section
51301(b) of this chapter, vessels owned or chartered by the
United States Government, including vessels of the United
States Coast Guard, United States Navy, Military Sealift
Command, are proper vessels for training cadets.
``(2) Military sealift command vessels.--'';
(5) in subparagraph (A), as so redesignated, by striking
``paragraph (2)'' and inserting ``subparagraph (B)''; and
(6) in subparagraph (B), as so redesignated, by striking
``paragraph (1)'' and inserting ``subparagraph (A)''.
(c) 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''.
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; or
(iii) does not concur with the
recommendation.
(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; and
(iv) 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 90 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 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) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(2) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
Subtitle C--Vessels
SEC. 3521. WAIVER OF NAVIGATION AND VESSEL-INSPECTION LAWS.
Section 501 of title 46, United States Code, is amended--
(1) in subsection (b)(1) by inserting ``on a vessel
specific basis'' after ``those laws''; and
(2) in subsection (c)(1)--
(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'';
(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 is
necessary in the interest of national defense; and''.
SEC. 3522. 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. 3523. RECAPITALIZATION OF NATIONAL DEFENSE RESERVE FLEET.
(a) In General.--The Secretary of Transportation, in consultation
with the Chief of Naval Operations and the Commandant of the Coast
Guard, shall direct the Maritime Administrator to carry out a program
under which the Administrator--
(1) shall 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) subject to the availability of appropriations, shall
have an entity 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 Maritime
Administrator may consult and coordinate with the Secretary of the Navy
regarding the vessel described in subsection (a) and activities
associated with such vessel.
(e) Contracting.--The Maritime Administrator shall provide for an
entity other than the Maritime Administration to contract for the
construction of the vessel described in subsection (a).
(f) Limitation on Use of Funds for Used Vessels.--Amounts
authorized to be appropriated by this or any other Act for use by the
Maritime Administration to carry out this section may not be used for
the procurement of any used vessel.
(g) Buy America Requirement.--Section 4864 of title 10, United
States Code, shall apply to all components of a vessel constructed
under this section.
SEC. 3524. CARGOES PROCURED, FURNISHED, OR FINANCED BY THE UNITED
STATES GOVERNMENT.
(a) In General.--Section 55305 of title 46, United States Code, is
amended--
(1) by striking subsection (a);
(2) by redesignating subsection (b) as subsection (a);
(3) in subsection (c)--
(A) by striking ``The President'' and inserting the
following:
``(1) In general.--The President''; and
(B) by adding at the end the following:
``(2) Submission to congress.--At least once each fiscal
year, the President or the Secretary of Defense, as applicable,
shall submit to the appropriate congressional committees, in
writing, a notice of any waiver granted under this subsection
and the reasons for granting such waiver.'';
(4) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(5) by inserting after subsection (a) the following:
``(b) Eligible Vessels.--To be eligible to carry cargo under this
section, a privately-owned commercial vessel--
``(1) shall be documented under the laws of the United
States for at least 3 years; or
``(2) may be documented under the laws of the United States
for less than 3 years if the vessel owner signs an agreement
with the Secretary providing that--
``(A) the vessel shall remain documented under the
laws of the United States for at least 3 years; and
``(B) the vessel owner shall, upon request of the
Secretary, agree to enroll the vessel in an Emergency
Preparedness Program under chapter 531 or voluntary
agreement authorized under section 708 of the Defense
Production Act of 1950 (50 U.S.C. 4558) and shall
remain so enrolled until the vessel ceases to be
documented under the laws of the United States.
``(c) Violation of Agreement.--
``(1) In general.--A vessel under an agreement described in
subsection (b)(2) may be seized by and forfeited to the United
States if, in violation of such agreement--
``(A) the vessel owner places the vessel under
foreign registry; or
``(B) a person operates the vessel under the
authority of a foreign country.
``(2) Inapplicability of other law.--Section 12112 of title
46, United States Code, shall not apply to the seizure and
forfeiture of a vessel pursuant to paragraph (1).''; and
(6) by adding at the end the following:
``(g) Audit and Report.--In carrying out this section, the
Secretary shall annually--
``(1) audit the list of vessels that are operating under an
agreement described in subsection (b)(2); and
``(2) submit to Congress a report describing--
``(A) each of the vessels operating under paragraph
(2) of section 55305(b) and each agreement signed by
the Secretary pursuant to such paragraph;
``(B) the results of any audit described in
paragraph (1); and
``(C) any other pertinent information that the
Secretary determines to be of interest to Congress.''.
(b) Technical Amendment.--
(1) Chapter analysis.--The analysis for chapter 553 of
title 46, United States Code, is amended by striking the item
relating to subchapter I and inserting the following:
``subchapter i--government impelled transportation''.
(2) Cargoes procured, furnished, or financed by the united
states government.--Section 55305(d)(2)(D) of title 46, United
States Code, is amended by striking ``section 25(c)(1) of the
Office of Federal Procurement Policy Act (41 U.S.C.
1303(a)(1))'' and inserting ``section 1303(a)(1) of title 41,
United States Code,''.
Subtitle D--Reports and Other Matters
SEC. 3532. NATIONAL MARITIME TRANSPORTATION REPORT AND STRATEGY.
(a) National Maritime Transportation Report.--Not later than
October 31, 2023, the Secretary of Defense shall submit to the
appropriate congressional committees a national maritime transportation
report. Such report shall include each of the following:
(1) An analysis of the causes for the decline in the number
of vessels documented under chapter 121 of title 46, United
States Code and operating in the international trade.
(2) An examination of the national security and economic
requirements for the United States merchant marine during
peacetime and during surge and sustained national defense
sealift that addresses--
(A) whether existing United States-flag shipping,
maritime labor, and shipbuilding and repair capacity is
sufficient to fulfill such sealift requirements; and
(B) if such capacity is not sufficient, the
capacity, including naval auxiliary ships, that would
be needed during a major conflict by--
(i) the military for strategic sealift; and
(ii) the private sector to sustain the
economy.
(3) An evaluation of the contracting procedures for United
States Government cargo transport and a determination of
whether such policies ensure sufficient access to vessels
documented under chapter 121 of title 46, United States Code.
(4) A review of the objectives under section 50101(a) of
title 46, United States Code, and a determination of the extent
to which legislation, programs, policies, and regulations
adopted since the adoption of such objectives in the Merchant
Marine Act, 1936 have aligned with such objectives.
(5) A comparison between the subsidy programs of other
beneficial flag programs and the existing support programs in
the United States.
(b) National Maritime Transportation Strategy.--Not later than
October 31, 2024, the Secretary of Defense shall submit to the
appropriate congressional committees a national maritime transportation
strategy. Such strategy shall include each of the following:
(1) Recommendations to encourage the growth of shipping by
United States-flag and United States-owned vessels and the
growth of the United States shipbuilding industrial base that
are--
(A) sufficient for national and economic security;
(B) consistent with the objectives and policy under
section 50101 of title 46, United States Code;
(C) compatible with international treaties and
agreements governing maritime safety, security, and
environmental protection; and
(D) compatible with rapidly evolving maritime
transportation technology.
(2) Recommendations to increase the size of the United
States-flagged fleet and increase the pool of United States
mariners through--
(A) bolstering existing funding sources;
(B) new funding; or
(C) new programs.
(c) Independent Entity Preparation.--The Secretary of Defense shall
seek to enter into an agreement with an appropriate non-Department of
Defense entity that specializes in maritime research under which such
entity shall prepare the report and strategy required under this
section.
(d) Consultation Requirement.--In carrying out this section, the
Secretary of Defense shall consult with--
(1) the Secretary of Transportation, acting through the
Maritime Administrator; and
(2) the Secretary of the Department in which the Coast
Guard operating, acting through the Commandant of the Coast
Guard.
(e) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of the
Representatives; and
(2) the Committee on Armed Services and the Committee on
Commerce, Science and Transportation of the Senate.
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 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 MQ-1 UAV............. 350,000
Program increase-- [350,000]
MQ-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 AP.
010 UH-60 BLACKHAWK M 650,406 706,806
MODEL (MYP).
Add 2 aircraft-- [57,400]
combat loss
replacement.
Unjustified [-1,000]
growth- program
management
administration.
011 UH-60 BLACKHAWK M 68,147 68,147
MODEL (MYP) AP.
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 AP.. 18,749 18,749
MODIFICATION OF
AIRCRAFT
016 MQ-1 PAYLOAD......... 57,700 177,700
Program increase-- [120,000]
recapitalize 12
MQ-1 aircraft.
018 GRAY EAGLE MODS2..... 13,038 13,038
019 MULTI SENSOR ABN 21,380 21,380
RECON.
020 AH-64 MODS........... 85,840 122,849
AH-64 Link 16 [22,009]
modifications.
Manned-unmanned [15,000]
teaming.
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 33,346
MODS.
Load [12,000]
stabilization
systems.
027 NETWORK AND MISSION 44,526 44,026
PLAN.
Unjustified [-500]
growth--program
management
administration.
028 COMMS, NAV 72,387 72,387
SURVEILLANCE.
030 AVIATION ASSURED PNT. 71,130 71,130
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
TOTAL AIRCRAFT 2,849,655 3,657,264
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 AP.
003 M-SHORAD--PROCUREMENT 135,747 410,809
Additional units-- [111,100]
Army UPL.
Hellfire pod [55,740]
replacement--Army
UPL.
Production line-- [108,222]
Army UPL.
004 MSE MISSILE.......... 1,037,093 1,037,093
005 PRECISION STRIKE 213,172 213,172
MISSILE (PRSM).
006 INDIRECT FIRE 18,924 20,174
PROTECTION
CAPABILITY INC 2-I.
Force Protection [1,250]
Systems--Indirect
Fire Protection
Capability.
AIR-TO-SURFACE
MISSILE SYSTEM
007 HELLFIRE SYS SUMMARY. 111,294 111,294
008 JOINT AIR-TO-GROUND 216,030 216,030
MSLS (JAGM).
010 LONG-RANGE HYPERSONIC 249,285 249,285
WEAPON.
ANTI-TANK/ASSAULT
MISSILE SYS
011 JAVELIN (AAWS-M) 162,968 258,868
SYSTEM SUMMARY.
Program increase-- [95,900]
CLU.
012 TOW 2 SYSTEM SUMMARY. 105,423 105,423
013 GUIDED MLRS ROCKET 785,028 750,028
(GMLRS).
Prior Year [-35,000]
carryover.
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 1,253,689
4 Additional Fire [1,000,000]
Units to Equip
16th Patriot
Battalion.
020 ITAS/TOW MODS........ 5,154 5,154
021 MLRS MODS............ 218,359 208,359
Program decrease. [-10,000]
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
TOTAL MISSILE 3,761,915 5,164,127
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--Ar
my UPL.
005 BRADLEY PROGRAM (MOD) 279,531 335,631
Improved Bradley [56,100]
Acquisition
Subsystem
upgrade--Army UPL.
006 M109 FOV 3,028 3,028
MODIFICATIONS.
007 PALADIN INTEGRATED 493,003 653,003
MANAGEMENT (PIM).
Procure 40 [160,000]
additional sets.
008 IMPROVED RECOVERY 138,759 138,759
VEHICLE (M88A2
HERCULES).
012 JOINT ASSAULT BRIDGE. 36,990 36,990
014 ABRAMS UPGRADE 656,340 1,289,934
PROGRAM.
Program increase [108,994]
modifications--Ar
my 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 221,293 221,293
WEAPON.
MOD OF WEAPONS AND
OTHER COMBAT VEH
028 M777 MODS............ 3,374 3,374
029 M4 CARBINE MODS...... 8,000
M4 Carbine Upper [8,000]
Receivers.
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).
TOTAL 3,576,030 5,053,624
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 59,447 71,067
TYPES.
Program increase. [11,620]
002 CTG, 7.62MM, ALL 90,019 110,589
TYPES.
Program increase. [20,570]
003 NEXT GENERATION SQUAD 128,662 128,662
WEAPON AMMUNITION.
004 CTG, HANDGUN, ALL 317 317
TYPES.
005 CTG, .50 CAL, ALL 35,849 65,355
TYPES.
Program increase. [29,506]
006 CTG, 20MM, ALL TYPES. 11,761 21,761
CRAM Program [10,000]
increase.
007 CTG, 25MM, ALL TYPES. 10,270 10,270
008 CTG, 30MM, ALL TYPES. 143,045 163,045
Program increase-- [20,000]
M-SHORAD ground
vehicle programs.
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 [-3,500]
cost growth.
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 7,647 5,647
75MM & 105MM, ALL
TYPES.
Artillery [-2,000]
Cartridge unit
cost growth.
015 ARTILLERY PROJECTILE, 182,455 172,455
155MM, ALL TYPES.
Proj Arty 155mm [-10,000]
HE 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 65,920
CHARGES, ALL TYPES.
M58A4 Linear [-10,000]
Demolition
Charge--Program
Reduction.
MK22 rocket-- [-5,000]
Program Reduction.
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
028 REACTIVE ARMOR TILES. 6,025
Additional [6,025]
Bradley tiles--
Army UPL.
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 [700]
Erie 1--Unload
Manipulator,
Scranton AAP.
Construction of [500]
Forge Shop -
Process Smog
Removal System,
Scranton AAP.
Construction of [1,250]
Forge 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 [8,000]
Small Caliber
Automated Primer
Design, Lake City
AAP.
Construction of [3,300]
Storage Yard K
Mod & Automation,
Iowa AAP.
Construction of [3,740]
Ultra Violet Fire
Detection System,
Iowa AAP.
Construction of [5,600]
Upgrade Laundry
Facility, Holston
AAP.
Construction of [25,000]
Water
Distribution
System, Radford
AAP.
Construction of [2,500]
Water 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
TOTAL 2,639,051 2,884,722
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 23,021 23,021
FLATBED:.
003 SEMITRAILERS, TANKERS 21,869 21,869
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]
007 JOINT LIGHT TACTICAL 703,110 703,110
VEHICLE FAMILY OF
VEHICL.
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 96,112 239,612
TACTICAL VEHICLES
(FHTV).
Program increase. [143,500]
013 PLS ESP.............. 54,674 54,674
016 MODIFICATION OF IN 31,819 214,819
SVC EQUIP.
HMMWV safety [183,000]
upgrades.
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 [-5,000]
Growth.
Software Cost [-5,000]
Growth.
020 TACTICAL NETWORK 382,007 417,007
TECHNOLOGY MOD IN
SVC.
Program [35,000]
acceleration
(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 119,259 119,259
TACTICAL COMMAND
COMMUNICATIONS.
028 SHF TERM............. 23,173 23,173
029 ASSURED POSITIONING, 184,911 204,911
NAVIGATION AND
TIMING.
MAPS--Army UPL... [20,000]
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 87,287
INFRASTRUCTURE (TSI).
Unjustified cost [-7,000]
growth.
COMM--COMBAT
COMMUNICATIONS
035 HANDHELD MANPACK 728,366 728,366
SMALL FORM FIT (HMS).
037 ARMY LINK 16 SYSTEMS. 47,581 47,581
039 UNIFIED COMMAND SUITE 20,178 20,178
040 COTS COMMUNICATIONS 320,595 320,595
EQUIPMENT.
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.. 116,522 140,522
IT Network [24,000]
Refresh.
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 [-14,241]
need.
063 JTT/CIBS-M........... 2,352 2,352
064 TERRESTRIAL LAYER 88,915 88,915
SYSTEMS (TLS).
066 DCGS-A-INTEL......... 76,771 116,451
Additional [20,000]
systems--Army UPL.
Army requested [19,680]
realignment from
OPA line 62.
067 JOINT TACTICAL GROUND 349 349
STATION (JTAGS)-
INTEL.
068 TROJAN............... 20,562 69,282
Add 15--Army UPL. [48,720]
069 MOD OF IN-SVC EQUIP 30,424 59,724
(INTEL SPT).
Prophet Enhanced [20,000]
ESP Kits.
Service Tactical [9,300]
SIGINT upgrades--
INDOPACOM UPL.
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 19,519
SECURITY
COUNTERMEASURES.
077 CI MODERNIZATION..... 437 437
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
078 SENTINEL MODS........ 166,736 166,736
079 NIGHT VISION DEVICES. 424,253 619,953
ENVGB program [100,000]
extension.
IVAS--Army UPL... [95,700]
080 SMALL TACTICAL 11,357 11,357
OPTICAL RIFLE
MOUNTED MLRF.
082 FAMILY OF WEAPON 202,258 194,258
SIGHTS (FWS).
Program decrease. [-8,000]
083 ENHANCED PORTABLE 5,116 5,116
INDUCTIVE ARTILLERY
FUZE SE.
084 FORWARD LOOKING 37,914 37,914
INFRARED (IFLIR).
085 COUNTER SMALL 326,364 448,364
UNMANNED AERIAL
SYSTEM (C-SUAS).
Coyote BLK2+ [122,000]
interceptors--Arm
y UPL.
086 JOINT BATTLE COMMAND-- 186,515 176,515
PLATFORM (JBC-P).
Program growth... [-10,000]
087 JOINT EFFECTS 10,304 10,304
TARGETING SYSTEM
(JETS).
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 [11,000]
leveling system.
ELECT EQUIP--
AUTOMATION
102 ARMY TRAINING 8,033 8,033
MODERNIZATION.
103 AUTOMATED DATA 96,554 106,554
PROCESSING EQUIP.
AFRICOM [10,000]
Enterprise C2
Network
Resiliency.
104 ACCESSIONS 43,767 33,767
INFORMATION
ENVIRONMENT (AIE).
Insufficient [-10,000]
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 17,701
SYSTEM.
108 CSS COMMUNICATIONS... 88,141 88,141
ELECT EQUIP--SUPPORT
111 BCT EMERGING 12,853 12,853
TECHNOLOGIES.
CLASSIFIED PROGRAMS
111A 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 6,774
SET.
119 COMMON BRIDGE 10,379 10,379
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
124 ROBOTICS AND APPLIQUE 52,340 37,340
SYSTEMS.
SMETS program [-15,000]
delay.
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....... 58,000
Program increase. [58,000]
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 45,733
PETROLEUM & WATER.
Modular Fuel [19,300]
System--Tank Rack
Module - Army UPL.
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 18,300
ENGINEER EXCAVATOR
(HMEE).
Program increase. [18,300]
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, 201,966 194,966
NONSYSTEM.
Program decrease. [-7,000]
159 SYNTHETIC TRAINING 255,670 295,670
ENVIRONMENT (STE).
One World Terrain [40,000]
(STE-OWT)--Army
UPL.
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 102,556 110,706
SYSTEMS (OPA3).
Force Protection [14,150]
Systems--Physical
Security Systems.
Program decrease. [-6,000]
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 80,779
TEST AND EVALUATION.
Program decrease. [-4,000]
OPA2
172 INITIAL SPARES--C&E.. 10,463 10,463
TOTAL OTHER 8,457,509 9,448,798
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 90,865 737,065
HORNET.
8 aircraft--USNR. [666,000]
Program decrease. [-19,800]
002 JOINT STRIKE FIGHTER 1,663,515 1,704,115
CV.
TR-3 Organic [40,600]
Depot Standup.
003 JOINT STRIKE FIGHTER 387,596 387,596
CV AP.
004 JSF STOVL............ 1,909,635 1,950,235
TR-3 Organic [40,600]
Depot Standup.
005 JSF STOVL AP......... 200,118 200,118
006 CH-53K (HEAVY LIFT).. 1,669,986 1,913,986
Add 2 aircraft... [250,000]
Unjustified cost [-2,000]
growth--Other ILS.
Unjustified cost [-4,000]
growth--Pubs/
Tech data.
007 CH-53K (HEAVY LIFT) 357,824 357,824
AP.
008 V-22 (MEDIUM LIFT)... 31,795 243,795
Unit quantity [212,000]
increase--2
aircraft.
011 P-8A POSEIDON........ 41,521 31,521
Program decrease. [-10,000]
012 E-2D ADV HAWKEYE..... 842,401 1,242,301
2 additional E-2D [399,900]
aircraft--Navy
UPL.
TRAINER AIRCRAFT
014 MULTI-ENGINE TRAINING 123,217 123,217
SYSTEM (METS).
015 ADVANCED HELICOPTER 119,816 119,816
TRAINING SYSTEM.
OTHER AIRCRAFT
016 KC-130J.............. 439,501 1,138,601
2 additional USMC [252,900]
C-130 aircraft--
USMC UPL.
3 additional Navy [446,200]
C-130 aircraft--
Navy UPL.
017 KC-130J AP........... 29,122 44,522
Advanced [15,400]
Procurement for
USMC aircraft--
USMC UPL.
019 MQ-4 TRITON.......... 587,820 567,820
Program decrease. [-20,000]
020 MQ-4 TRITON AP....... 75,235 75,235
021 MQ-8 UAV............. 21,000
Costs associated [21,000]
with restoring 5
LCS.
022 STUASL0 UAV.......... 2,703 2,703
023 MQ-25................ 696,713 696,713
024 MQ-25 AP............. 51,463 51,463
025 MARINE GROUP 5 UAS... 103,882 93,882
Program decrease. [-10,000]
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 144,699 144,699
TRACK (IRST).
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........... 122,498 135,798
H-1 Digital [13,300]
Interoperability
(DI) Link-16.
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 136,883 136,883
CHANGES.
053 COMMON DEFENSIVE 6,373 6,373
WEAPON SYSTEM.
054 ID SYSTEMS........... 3,828 3,828
055 P-8 SERIES........... 249,342 310,042
2 additional kits [60,700]
for P-8 increment
3--Navy UPL.
056 MAGTF EW FOR AVIATION 24,684 24,684
057 MQ-8 SERIES.......... 9,846 17,146
Costs associated [7,300]
with 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-- [67,000]
2 shipsets - Navy
UPL.
060 F-35 STOVL SERIES.... 216,356 216,356
061 F-35 CV SERIES....... 208,336 208,336
062 QRC.................. 47,864 47,864
063 MQ-4 SERIES.......... 94,738 94,738
064 RQ-21 SERIES......... 6,576 6,576
AIRCRAFT SPARES AND
REPAIR PARTS
068 SPARES AND REPAIR 1,872,417 2,071,365
PARTS.
Costs associated [1,200]
with restoring 5
LCS.
F-35B Engine/Lift [117,000]
System--USMC UPL.
MH-60R spares.... [23,143]
MH-60S spares.... [7,605]
Various systems-- [50,000]
Navy UPL.
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.
TOTAL AIRCRAFT 16,848,428 19,556,976
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,125,164 1,125,164
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,767 7,767
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 160,190 403,790
Expeditionary VLS [1,600]
Reload System--
Navy UPL.
Unit quantity [242,000]
increase.
TACTICAL MISSILES
004 AMRAAM............... 335,900 335,900
005 SIDEWINDER........... 63,288 89,188
Additional [25,900]
missiles--Navy
UPL.
006 STANDARD MISSILE..... 489,123 489,123
008 JASSM................ 58,481 58,481
009 SMALL DIAMETER BOMB 108,317 108,317
II.
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 62,930
015 OTHER MISSILE SUPPORT 3,524 3,524
016 LRASM................ 226,022 259,122
Additional [33,100]
missiles--Navy
UPL.
017 NAVAL STRIKE MISSILE 59,034 59,034
(NSM).
MODIFICATION OF
MISSILES
018 TOMAHAWK MODS........ 435,308 435,308
019 ESSM................. 282,035 282,035
020 AARGM................ 131,275 131,275
021 STANDARD MISSILES 71,198 71,198
MODS.
SUPPORT EQUIPMENT &
FACILITIES
022 WEAPONS INDUSTRIAL 1,976 1,976
FACILITIES.
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
MK 48 Heavyweight [49,000]
Torpedo
Procurement--Navy
UPL.
028 ASW TARGETS.......... 14,403 14,403
MOD OF TORPEDOES AND
RELATED EQUIP
029 MK-54 TORPEDO MODS... 106,772 126,772
Program increase. [20,000]
030 MK-48 TORPEDO ADCAP 18,502 18,502
MODS.
031 MARITIME MINES....... 9,282 9,282
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.
TOTAL WEAPONS 4,738,705 5,110,305
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 51,109
006 CARTRIDGES & CART 72,534 72,534
ACTUATED DEVICES.
007 AIR EXPENDABLE 114,475 114,475
COUNTERMEASURES.
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 42,707
AMMUNITION.
012 SMALL ARMS & LANDING 49,023 49,023
PARTY AMMO.
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 65,169
MUNITIONS.
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.
TOTAL 1,052,292 1,052,292
PROCUREMENT OF
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 AP.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 1,481,530 1,466,530
PROGRAM.
Program decrease. [-15,000]
004 CVN-81............... 1,052,024 1,037,024
Program decrease. [-15,000]
005 VIRGINIA CLASS 4,534,184 4,534,184
SUBMARINE.
006 VIRGINIA CLASS 2,025,651 2,025,651
SUBMARINE AP.
008 CVN REFUELING 618,295 618,295
OVERHAULS AP.
009 DDG 1000............. 72,976 72,976
010 DDG-51............... 4,376,537 5,814,806
Large Surface [250,000]
Combatant
Shipyard
Infrastructure.
One additional [1,188,269]
ship.
011 DDG-51 AP............ 618,352 748,352
Third DDG in FY [130,000]
2024.
013 FFG-FRIGATE.......... 1,085,224 2,082,473
One additional [923,849]
ship.
Wholeness for FFG- [73,400]
62 Procurement--
Navy UPL.
014 FFG-FRIGATE AP....... 74,949 74,949
AMPHIBIOUS SHIPS
015 LPD FLIGHT II........ 1,673,000 1,673,000
016 LPD FLIGHT II AP..... 250,000
LPD-33 Advanced [250,000]
Procurement.
020 LHA REPLACEMENT...... 1,085,470 1,374,470
LHA 10 advance [289,000]
procurement.
021 EXPEDITIONARY FAST 695,000
TRANSPORT (EPF).
EMS.............. [695,000]
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
022 TAO FLEET OILER...... 794,719 1,540,719
One additional [746,000]
ship.
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 68,274
030 LCAC SLEP............ 36,301 36,301
031 AUXILIARY VESSELS 140,686 140,686
(USED SEALIFT).
032 COMPLETION OF PY 1,328,146 1,373,146
SHIPBUILDING
PROGRAMS.
CVN 73 RCOH Cost- [45,000]
to-Complete--Navy
UPL.
TOTAL 27,917,854 32,679,777
SHIPBUILDING 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 78,079
EQUIPMENT.
Program decrease. [-20,000]
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 266,300 226,300
IMAGING AND SUPT
EQUIP PROG.
Unjustified [-40,000]
growth.
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 53,700
LHD and LHA Class [15,500]
Electric Plant
Wholeness--Navy
UPL.
009 LCC 19/20 EXTENDED 20,028 15,028
SERVICE LIFE PROGRAM.
Program decrease. [-5,000]
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 10,238
EQUIPMENT.
Unjustified [-5,000]
growth.
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 78,730
Six additional 40- [21,468]
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 [2,200]
Countermeasures
Mission Package
Capacity and
Wholeness--Navy
UPL.
033 LCS ASW MISSION 3,594 0
MODULES.
Program decrease. [-3,594]
034 LCS SUW MISSION 5,100 5,100
MODULES.
035 LCS IN-SERVICE 76,526 111,526
MODERNIZATION.
Costs associated [65,000]
with restoring 5
LCS.
Program decrease. [-30,000]
036 SMALL & MEDIUM UUV... 49,763 44,763
Unjustified [-5,000]
growth.
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 46,130
Navy UPL......... [21,100]
ELECTRONIC WARFARE
EQUIPMENT
045 AN/SLQ-32............ 292,417 292,417
RECONNAISSANCE
EQUIPMENT
046 SHIPBOARD IW EXPLOIT. 311,210 316,910
Counter-Command, [5,700]
Control,
Communications,
Computers and
Combat Systems
Intelligence,
Surveillance and
Reconnaissance
and Targeting (C-
C5ISR&T)--Navy
UPL.
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................ 402,550 382,550
Insufficient [-40,000]
justification.
Intel secure data [20,000]
links.
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.
Service Tactical [1,500]
SIGINT Upgrades--
INDOPACOM UPL.
OTHER ELECTRONIC
SUPPORT
092 COAST GUARD EQUIPMENT 68,556 68,556
SONOBUOYS
094 SONOBUOYS--ALL TYPES. 291,670 303,521
Program increase. [11,851]
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 286,788 292,788
EQUIPMENT.
SPY-1 Low Noise [6,000]
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 35,720
Secure Autonomous [8,800]
Data Link for USW
Portable Ranges.
OTHER ORDNANCE
SUPPORT EQUIPMENT
112 EXPLOSIVE ORDNANCE 17,048 20,548
DISPOSAL EQUIP.
Dismounted [3,500]
Reconnaissance--S
ets, Kits and
Outfits (DR-SKO).
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 61,019
MAINTENANCE EQUIP.
GPS laser [9,200]
leveling system.
VLS training [1,200]
equipment--Navy
UPL.
120 FIRE FIGHTING 16,305 16,305
EQUIPMENT.
121 TACTICAL VEHICLES.... 28,586 33,386
Program increase-- [4,800]
Navy UPL.
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
144A CLASSIFIED PROGRAMS.. 17,295 17,295
SPARES AND REPAIR
PARTS
145 SPARES AND REPAIR 532,313 532,313
PARTS.
TOTAL OTHER 11,746,503 11,761,728
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 5,653 5,653
002 AMPHIBIOUS COMBAT 536,678 536,678
VEHICLE FAMILY OF
VEHICLES.
003 LAV PIP.............. 57,099 57,099
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 173,801 230,601
DEFENSE.
MADIS Inc 1 [56,800]
fielding--USMC
UPL.
010 ANTI-ARMOR MISSILE- 18,495 18,495
JAVELIN.
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 58,024
EQUIPMENT.
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 61,943 441,943
ORIENTED RADAR (G/
ATOR).
Additional G/ATOR [380,000]
radars--USMC UPL.
INTELL/COMM EQUIPMENT
(NON-TEL)
020 GCSS-MC.............. 1,663 1,663
021 FIRE SUPPORT SYSTEM.. 48,322 48,322
022 INTELLIGENCE SUPPORT 182,894 177,894
EQUIPMENT.
Program decrease. [-5,000]
024 UNMANNED AIR SYSTEMS 47,595 47,595
(INTEL).
025 DCGS-MC.............. 47,998 47,998
026 UAS PAYLOADS......... 8,619 8,619
OTHER SUPPORT (NON-
TEL)
029 MARINE CORPS 276,763 276,763
ENTERPRISE NETWORK
(MCEN).
030 COMMON COMPUTER 40,096 40,096
RESOURCES.
031 COMMAND POST SYSTEMS. 58,314 58,314
032 RADIO SYSTEMS........ 612,450 600,450
Program decrease. [-12,000]
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
038A CLASSIFIED PROGRAMS.. 3,884 3,884
ADMINISTRATIVE
VEHICLES
039 COMMERCIAL CARGO 35,179 35,179
VEHICLES.
TACTICAL VEHICLES
040 MOTOR TRANSPORT 17,807 17,807
MODIFICATIONS.
041 JOINT LIGHT TACTICAL 222,257 339,657
VEHICLE.
Accelerate HMMWV [117,400]
replacement--USMC
UPL.
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 [-10,000]
growth--MEGFoS.
MATERIALS HANDLING
EQUIPMENT
049 PHYSICAL SECURITY 69,967 69,967
EQUIPMENT.
GENERAL PROPERTY
050 FIELD MEDICAL 21,780 21,780
EQUIPMENT.
051 TRAINING DEVICES..... 86,272 111,272
Program increase [25,000]
(Force on Force
Training System).
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.
TOTAL 3,681,506 4,233,706
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC OFFENSIVE
001 B-21 RAIDER.......... 1,498,431 1,498,431
002 B-21 RAIDER AP....... 288,165 288,165
TACTICAL FORCES
003 F-35................. 3,320,757 3,516,957
Technical [115,000]
realignment.
TR-3 Organic [81,200]
Depot Standup.
004 F-35 AP.............. 594,886 479,886
Technical [-115,000]
realignment.
005 F-15EX............... 2,422,348 2,422,348
006 F-15EX AP............ 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.............. 156,192 152,492
Unjustified [-3,700]
growth--governmen
t costs.
013 COMBAT RESCUE 707,018 707,018
HELICOPTER.
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
Add 4 EC-37B [553,700]
aircraft.
018 E-11 BACN/HAG........ 67,260 66,847
Technical [-413]
realignment.
019 MQ-9................. 17,039 7,012
Early to need-- [-10,027]
production
shutdown.
021 AGILITY PRIME 3,612 3,612
PROCUREMENT.
STRATEGIC AIRCRAFT
022 B-2A................. 106,752 106,752
023 B-1B................. 36,313 38,813
Additional Pylon [5,000]
Purchases.
Program decrease. [-2,500]
024 B-52................. 127,854 120,908
Technical [-6,946]
realignment.
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................. 700,455 700,455
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 5,673
Program decrease. [-10,000]
Technical [-30,354]
realignment.
036 C-17A................ 152,009 157,509
Technical [5,500]
realignment.
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 [49,500]
Upgrade.
OTHER AIRCRAFT
044 U-2 MODS............. 81,650 81,650
045 KC-10A (ATCA)........ 3,443 3,443
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................ 114,268 131,768
Technical [17,500]
realignment.
050 C-130J MODS.......... 112,299 112,299
051 C-135................ 149,023 163,523
Program decrease. [-5,000]
Technical [19,500]
realignment.
052 COMPASS CALL......... 16,630 346,630
Add 4 EC-37B A & [330,000]
B kits, spares,
and installation.
053 RC-135............... 212,828 252,828
M-code compliance [39,400]
Service Tactical [600]
SIGINT Upgrades--
INDOPACOM UPL.
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-130 138,956 118,956
MODIFICATIONS.
Technical [-20,000]
realignment.
064 OTHER AIRCRAFT....... 29,029 70,296
Maritime Patrol [28,500]
Aircraft.
Technical [12,767]
realignment.
065 MQ-9 MODS............ 64,370 215,095
Multi-Domain [156,725]
Operations
modernization.
Unjustified cost-- [-6,000]
MQ-9 Upgrade.
066 MQ-9 UAS PAYLOADS.... 40,000
Program increase-- [40,000]
electronic
support measure
payload.
067 SENIOR LEADER C3, 24,784 24,784
SYSTEM--AIRCRAFT.
068 CV-22 MODS........... 153,026 168,826
CV-22 Reliability [15,800]
Acceleration.
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 623,661 725,407
PARTS.
Program increase-- [94,800]
Compass Call
spare engines (4)
- USAF UPL.
Technical [6,946]
realignment.
COMMON SUPPORT
EQUIPMENT
070 AIRCRAFT REPLACEMENT 138,935 138,935
SUPPORT EQUIP.
OTHER AIRCRAFT
POST PRODUCTION
SUPPORT
063A HC/MC-130 POST 20,000
PRODUCTION SUPPORT.
Technical [20,000]
realignment.
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.
AIRLIFT AIRCRAFT
INDUSTRIAL
PREPAREDNESS
035A C-5 POST PRODUCTION 18,000
SUPPORT.
Technical [18,000]
realignment.
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 1,440,300
CHARGES.
Program decrease-- [-75,000]
early to need.
Program increase. [468,000]
CLASSIFIED PROGRAMS
083A CLASSIFIED PROGRAMS.. 18,092 18,092
TOTAL AIRCRAFT 18,517,428 20,302,964
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.
Technical [-46,566]
realignment.
007 JOINT AIR-SURFACE 784,971 784,971
STANDOFF MISSILE.
008 LRASM0............... 114,025 114,025
009 SIDEWINDER (AIM-9X).. 111,855 111,855
010 AMRAAM............... 320,056 320,056
011 PREDATOR HELLFIRE 1,040 1,040
MISSILE.
012 SMALL DIAMETER BOMB.. 46,475 46,475
013 SMALL DIAMETER BOMB 279,006 379,006
II.
Program increase-- [100,000]
Air Force UPL.
014 STAND-IN ATTACK 77,975 77,975
WEAPON (SIAW).
INDUSTRIAL FACILITIES
015 INDUSTR'L PREPAREDNS/ 868 868
POL PREVENTION.
CLASS IV
018 ICBM FUZE MOD........ 99,691 99,691
019 ICBM FUZE MOD AP..... 37,673 37,673
020 MM III MODIFICATIONS. 68,193 68,193
022 AIR LAUNCH CRUISE 33,778 33,778
MISSILE (ALCM).
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
028A CLASSIFIED PROGRAMS.. 705,540 705,540
TOTAL MISSILE 2,962,417 3,015,851
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 9,843
DISPOSAL (EOD).
Dismounted [3,500]
Reconnaissance--S
ets, Kits and
Outfits (DR-SKO).
010 SPARES AND REPAIR 573 573
PARTS.
012 FIRST DESTINATION 1,903 1,903
TRANSPORTATION.
013 ITEMS LESS THAN 5,014 1,014
$5,000,000.
Program decrease-- [-4,000]
Flares.
FLARES
014 EXPENDABLE 120,548 105,548
COUNTERMEASURES.
Program decrease. [-15,000]
FUZES
015 FUZES................ 121,528 121,528
SMALL ARMS
016 SMALL ARMS........... 16,395 16,395
TOTAL 903,630 888,130
PROCUREMENT OF
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..... 657,562 657,562
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 29,587
(COMSEC).
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 1,056,133
SPACE LAUNCH.
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 314,288 514,288
AGENCY LAUNCH.
Technical [200,000]
realignment.
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.
TOTAL 3,629,669 3,817,669
PROCUREMENT,
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.
Technical [-7,131]
realignment.
024 CHEYENNE MOUNTAIN 6,118 55,418
COMPLEX.
Complex [49,300]
Infrastructure
Refurbishments.
025 MISSION PLANNING 13,947 13,947
SYSTEMS.
SPCL COMM-ELECTRONICS
PROJECTS
028 GENERAL INFORMATION 101,517 131,517
TECHNOLOGY.
NORTHCOM UPL--AI/ [30,000]
ML Enhancements.
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 120,050 110,050
EQUIPMENT.
Program decrease. [-10,000]
052 RADIO EQUIPMENT...... 14,053 14,053
054 BASE COMM 91,313 96,413
INFRASTRUCTURE.
Alaskan Long- [5,100]
Range Radars--
Sites
Digitalization.
MODIFICATIONS
055 COMM ELECT MODS...... 167,419 167,419
CLASSIFIED PROGRAMS
055A CLASSIFIED PROGRAMS.. 89,484 89,484
PERSONAL SAFETY &
RESCUE EQUIP
056 PERSONAL SAFETY AND 92,995 101,895
RESCUE EQUIPMENT.
Rapid Response [8,900]
Shelters.
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
070A CLASSIFIED PROGRAMS.. 21,702,225 21,452,225
Excess carryover. [-250,000]
SPARES AND REPAIR
PARTS
071 SPARES AND REPAIR 1,007 1,007
PARTS (CYBER).
072 SPARES AND REPAIR 23,175 23,175
PARTS.
TOTAL OTHER 25,691,113 25,510,683
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, SDA
025 MAJOR EQUIPMENT, DPAA 513 513
050 MAJOR EQUIPMENT, OSD. 64,291 64,291
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................ 74,994 347,894
25 additional [272,900]
THAAD
interceptors.
031 GROUND BASED 11,300 11,300
MIDCOURSE.
032 AEGIS BMD............ 402,235 425,735
Procure [23,500]
Replacement IMU.
034 BMDS AN/TPY-2 RADARS. 4,606 59,606
AN/TPY-2 TRIMM [30,000]
Refresh.
BMDS Sensors..... [10,000]
HEMP Hardening... [15,000]
035 SM-3 IIAS............ 337,975 337,975
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 78,181 100,181
AND SOFTWARE.
SPY-1 Low Noise [22,000]
Amplyfier.
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
054A CLASSIFIED PROGRAMS.. 681,894 692,394
JWICS [10,500]
modernization.
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 214,575 214,575
AND SUSTAINMENT.
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 [7,586]
Link-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........... 225,569 225,569
068 C-130 MODIFICATIONS.. 11,945 16,893
CV-22 & MC-130J [4,948]
Link-16 TacNet
Tactical Receiver.
SHIPBUILDING
069 UNDERWATER SYSTEMS... 45,631 45,631
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS <$5M.. 151,233 159,889
M3E1 Multi [4,951]
Purpose Anti
Armor Anti
Personnel Weapon
System (MAWWS)
Family of
Munitions.
Maritime Scalable [3,705]
Effects (MSE)
Electronic
Warfare System
Acceleration.
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS. 175,616 219,094
SOCOM Enclosed [15,000]
Spaces
Reconnaissance
Collection Suite
(ESRCS).
Stalker VXE Block [28,478]
30 Vertical
Takeoff & Landing
(VTOL)
Acceleration.
072 DISTRIBUTED COMMON 2,214 2,214
GROUND/SURFACE
SYSTEMS.
073 OTHER ITEMS <$5M..... 98,096 98,096
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. 306,846 359,129
AFSOC Force [18,730]
Generation
(AFSOFORGEN)
Tactical
Communications
(TACCOM).
Counter Unmanned [33,553]
Systems (CUxS)
Procurement
Acceleration.
078 COMBAT MISSION 4,991 4,991
REQUIREMENTS.
080 OPERATIONAL 18,723 24,137
ENHANCEMENTS
INTELLIGENCE.
Low Visibility [5,414]
Vanishing
Technology (LVVT).
081 OPERATIONAL 347,473 374,227
ENHANCEMENTS.
Ground Vehicle [11,000]
Forward Looking
Infrared (FLIR).
High Speed [5,000]
Assault Craft
(HSAC) Roof
Application Kit
(RAK)
Acceleration.
Intelligence, [10,754]
Surveillance, and
Reconnaissance
(ISR)
Transceivers
Acceleration.
CBDP
082 CHEMICAL BIOLOGICAL 199,439 199,439
SITUATIONAL
AWARENESS.
083 CB PROTECTION & 187,164 192,164
HAZARD MITIGATION.
Waterless & [5,000]
Sprayable
Solutions for
Decontamination
of Chemical and
Biological
Warfare Agents.
TOTAL 5,245,500 6,013,519
PROCUREMENT,
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
007 UNDISTRIBUTED........ 50,000
Program increase. [50,000]
TOTAL NATIONAL 50,000
GUARD AND
RESERVE
EQUIPMENT.
TOTAL 144,219,205 160,202,135
PROCUREMENT.
------------------------------------------------------------------------
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 House
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
001 0601102A DEFENSE RESEARCH SCIENCES......... 279,328 340,194
.................................. Counter-UAS Technology [5,000]
Research.
.................................. Program increase.............. [55,866]
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 15,456
MACHINE LEARNING BASIC RESEARCH.
.................................. Program increase.............. [5,000]
.................................. 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.............. 87,717 182,717
.................................. Armament digital and mission [35,000]
engineering.
.................................. Collaborative networked [25,000]
armament lethality and fire
control.
.................................. Investigate novel armament [5,000]
systems and technologies.
.................................. Modular open systems [5,000]
architecture.
.................................. Solid-state additive [20,000]
manufacturing research.
.................................. Turret gunner survivability [5,000]
and simulation.
010 0602142A ARMY APPLIED RESEARCH............. 27,833 57,533
.................................. Digital night vision [9,700]
technology.
.................................. Warfighter Weapon Systems [20,000]
Digital Integration.
011 0602143A SOLDIER LETHALITY TECHNOLOGY...... 103,839 123,839
.................................. Advanced textiles and shelters [6,000]
.................................. Footwear research............. [4,000]
.................................. Pathfinder.................... [10,000]
.................................. Program decrease.............. [-5,000]
.................................. Program increase.............. [5,000]
012 0602144A GROUND TECHNOLOGY................. 52,848 96,048
.................................. Advanced Gunner Restraint [2,200]
System.
.................................. Aerospace Manufacturing Center [12,000]
Pilot Program.
.................................. Cold and complex environments [9,000]
sensing research.
.................................. High performance polymer [10,000]
composites and coatings.
.................................. Polar proving ground and [5,000]
training program.
.................................. Unmanned mobility............. [5,000]
013 0602145A NEXT GENERATION COMBAT VEHICLE 174,090 184,890
TECHNOLOGY.
.................................. Compact hyperspectral imager [4,800]
development.
.................................. Structural thermoplastics..... [6,000]
014 0602146A NETWORK C3I TECHNOLOGY............ 64,115 136,115
.................................. AI for position, navigation, [6,000]
and timing.
.................................. Alternative position, [20,000]
navigation, and timing.
.................................. Portable Doppler radar........ [7,500]
.................................. Rapid design and fabrication [3,500]
of high enthalpy alloys for
long range precision fires
missiles.
.................................. Secure anti-tamper............ [15,000]
.................................. Weapons system security....... [20,000]
015 0602147A LONG RANGE PRECISION FIRES 43,029 99,779
TECHNOLOGY.
.................................. Carbon-carbon high-temperature [15,000]
composites.
.................................. Low cost missile technology [7,000]
development.
.................................. Low cost missile technology [3,000]
development+J23.
.................................. Novel printed armament [10,000]
components.
.................................. Precision long range [6,750]
integrated strike missile.
.................................. Program increase.............. [15,000]
016 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 69,348 84,348
.................................. High density eVTOL power [15,000]
source.
017 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 27,016 72,016
.................................. CEMA missile defender......... [20,000]
.................................. Counter-UAS Center of [10,000]
Excellence.
.................................. High energy laser engagement [15,000]
technologies.
018 0602180A ARTIFICIAL INTELLIGENCE AND 16,454 21,454
MACHINE LEARNING TECHNOLOGIES.
.................................. Program increase.............. [5,000]
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 56,588
.................................. Aerospace Propulsion and Power [10,000]
Technology.
.................................. Hybrid solar photovoltaic- [5,000]
thermoelectric panel.
022 0602184A SOLDIER APPLIED RESEARCH.......... 15,716 15,716
023 0602213A C3I APPLIED CYBER................. 13,605 13,605
024 0602386A BIOTECHNOLOGY FOR MATERIALS-- 21,919 171,919
APPLIED RESEARCH.
.................................. Tri-Service Biotechnology for [150,000]
a 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 1,441,209
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
027 0603002A MEDICAL ADVANCED TECHNOLOGY....... 5,207 11,907
.................................. CPF--U.S. Army Battlefield [1,700]
Exercise and Combat Related
Traumatic Brain and Spinal
Injury Research.
.................................. Hearing protection for [5,000]
communications.
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 11,395
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
.................................. Program increase.............. [5,000]
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 27,946
.................................. Integrated Floor System [10,000]
Upgrades for H-60 Variants.
034 0603044A SOLDIER ADVANCED TECHNOLOGY....... 479 10,499
.................................. CPF--Advancing Military [2,890]
Exoskeleton Technology State-
of-The-Art Project.
.................................. CPF--Building 2, Doriot [3,630]
Climatic Chambers, Exterior
Repair.
.................................. CPF--Small Unit Digital Twin [3,500]
for 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 100,935 120,935
TECHNOLOGY.
.................................. FRAG-CT....................... [4,000]
.................................. Sensored head-borne suspension [8,000]
systems.
.................................. Soldier Integration [8,000]
Experimentation/Airborne Rally
Point.
039 0603119A GROUND ADVANCED TECHNOLOGY........ 32,546 106,846
.................................. Additive manufacturing with [15,000]
indigenous materials.
.................................. Cold Regions Research and [10,000]
Engineering Laboratory.
.................................. Concrete properties prediction [1,800]
.................................. Platform agnostic remote [40,000]
armament systems.
.................................. Printed infrastructure and [7,500]
cold 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 193,242 261,242
ADVANCED TECHNOLOGY.
.................................. Digital enterprise technology. [15,000]
.................................. Electrified vehicle infrared [9,000]
signature management.
.................................. HTPEM APU..................... [10,000]
.................................. Lithium 6T battery development [8,000]
.................................. Soldier-ground vehicle [6,000]
interface design.
.................................. Synthetic graphite research... [20,000]
045 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 125,565 135,565
.................................. PNT technologies in degraded [10,000]
environments.
046 0603464A LONG RANGE PRECISION FIRES 100,830 202,740
ADVANCED TECHNOLOGY.
.................................. Autoloader development........ [21,400]
.................................. Hypersonic and strategic [20,000]
materials and structures.
.................................. Maneuvering submunitions...... [18,000]
.................................. Missile Multi Agent eXtensible [15,000]
Engagement Services (MAXES).
.................................. PrSM Inc 4--Army UPL.......... [27,510]
047 0603465A FUTURE VERTICAL LIFT ADVANCED 177,836 187,836
TECHNOLOGY.
.................................. Program increase--Additive [10,000]
manufacturing.
048 0603466A AIR AND MISSILE DEFENSE ADVANCED 11,147 81,147
TECHNOLOGY.
.................................. Integration of distributed [35,000]
gain HEL laser weapon system.
.................................. Program increase.............. [35,000]
049 0603920A HUMANITARIAN DEMINING............. 8,933 8,933
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,392,065 1,827,995
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
050 0603305A ARMY MISSLE DEFENSE SYSTEMS 12,001 46,001
INTEGRATION.
.................................. Mobile Solid State High Power [12,000]
Microwave.
.................................. Position, Navigation, and [8,000]
Timing (PNT) Resiliency.
.................................. Sensing, Modeling, Analysis, [14,000]
Requirements, and Testing.
051 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 17,945 21,445
.................................. Mission Essential Weather [3,500]
Small Satellites.
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 18,048 168,048
DEVELOPMENT.
.................................. IVAS--Army UPL................ [150,000]
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
.................................. Program increase--Future [23,000]
Vertical Lift.
.................................. 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) 106,000 111,000
ADVANCED DEVELOPMENT &
PROTOTYPING.
.................................. Program increase.............. [5,000]
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 21,425
(SUAV) (6.4).
.................................. Program Protection............ [20,000]
074 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 95,719 100,719
SYSTEM (FTUAS).
.................................. Identification Friend or Foe [5,000]
(IFF) modernization.
075 0604114A LOWER TIER AIR MISSILE DEFENSE 382,147 422,147
(LTAMD) SENSOR.
.................................. Program protection............ [40,000]
076 0604115A TECHNOLOGY MATURATION INITIATIVES. 269,756 339,756
.................................. Strategic long range cannon... [70,000]
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 166,452 215,852
REFINEMENT & PROTOTYPING.
.................................. AI prototype--Army UPL........ [13,500]
.................................. Call for Fire Trainer--Army [10,000]
UPL.
.................................. Program increase (STE live [17,000]
training systems).
.................................. Program increase TSS/TMT and [8,900]
SVT--Army UPL.
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 [50,000]
Initiative--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 76,966
.................................. Common mounted form factor-- [40,000]
Army UPL.
089 0305251A CYBERSPACE OPERATIONS FORCES AND 55,677 55,677
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 4,098,749 4,642,789
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 [5,000]
reliability 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-- [10,049]
Army UPL.
099 0604645A ARMORED SYSTEMS MODERNIZATION 71,287 71,287
(ASM)--ENG DEV.
100 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 62,679 84,179
.................................. IVAS--Army UPL................ [16,500]
.................................. Third Generation Forward [5,000]
Looking Infrared (3GFLIR)
FALCONS.
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 65,369
ENG DEV.
.................................. Chassis upgrade for ABV/JAB-- [23,700]
Army UPL.
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 109,702 146,802
SYSTEMS--EMD.
.................................. Active protection system [16,000]
testing.
.................................. Army Aviation & Missile Center [9,400]
Digital Engineering Software
pilot program.
.................................. Autonomous Vehicle Test Bed... [11,700]
121 0604854A ARTILLERY SYSTEMS--EMD............ 23,106 23,106
122 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 124,475 124,475
123 0605018A INTEGRATED PERSONNEL AND PAY 67,564 47,564
SYSTEM-ARMY (IPPS-A).
.................................. Unjustified growth............ [-20,000]
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 13,487
.................................. Unjustified growth............ [-10,000]
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... 185,311 259,311
.................................. Program increase (10kw-50kw DE- [70,000]
MSHORAD) and C-UAS P-HEL.
.................................. Threat Simulation Modeling [4,000]
(HNE-TSM).
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.
.................................. Army Requested Realignment [50,900]
from Procurement.
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 13,647
(AIE).
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 265,288 257,288
DEFENSE (AIAMD).
.................................. Program decrease.............. [-8,000]
152 0605531A COUNTER--SMALL UNMANNED AIRCRAFT 14,892 14,892
SYSTEMS SYS DEV & DEMONSTRATION.
153 0605625A MANNED GROUND VEHICLE............. 589,762 589,762
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 97,774
.................................. Service Tactical SIGINT [4,900]
Upgrades--INDOPACOM UPL.
.................................. Terrestrial Layer System EAB-- [35,936]
Army UPL.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 4,031,334 4,276,919
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
161 0604256A THREAT SIMULATOR DEVELOPMENT...... 18,437 18,437
162 0604258A TARGET SYSTEMS DEVELOPMENT........ 19,132 39,132
.................................. Small UAS engine development.. [20,000]
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 72,962
INSTRUMENTATION AND TARGETS.
.................................. Rapid Assurance Modernization [35,000]
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 [5,000]
Advanced 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 98,088
DEFENSE TEST SITE.
.................................. Technology Refresh for Reagan [8,000]
Test Site (RTS) Mission
Control Centers.
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 1,622,252
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
188 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 18,463 18,463
189 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 9,284 21,284
.................................. Program increase.............. [12,000]
190 0607131A WEAPONS AND MUNITIONS PRODUCT 11,674 16,674
IMPROVEMENT PROGRAMS.
.................................. Materials improvements........ [5,000]
193 0607137A CHINOOK PRODUCT IMPROVEMENT 52,513 72,513
PROGRAM.
.................................. Chinook 714C engine upgrade... [20,000]
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 35,074
.................................. Program increase.............. [25,000]
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....... 152,312 162,312
.................................. Patriot Obsolescence and [10,000]
Program Protection.
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 [5,000]
development.
206 0203743A 155MM SELF-PROPELLED HOWITZER 136,680 136,680
IMPROVEMENTS.
207 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 14,400
IMPROVEMENT PROGRAMS.
.................................. Gray Eagle--M-code............ [14,400]
208 0203752A AIRCRAFT ENGINE COMPONENT 148 148
IMPROVEMENT PROGRAM.
209 0203758A DIGITIZATION...................... 2,100 2,100
210 0203801A MISSILE/AIR DEFENSE PRODUCT 3,109 53,109
IMPROVEMENT PROGRAM.
.................................. Stinger missile--Army UPL..... [50,000]
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.
227A 9999999999 CLASSIFIED PROGRAMS............... 6,664 6,664
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,188,403 1,427,003
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.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 13,710,273 15,894,744
TEST & EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 90,076 209,700
.................................. Advanced autonomous robotics.. [10,000]
.................................. Program increase.............. [109,624]
003 0601153N DEFENSE RESEARCH SCIENCES......... 499,116 499,116
.................................. SUBTOTAL BASIC RESEARCH........ 589,192 708,816
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 22,953 38,953
.................................. Next Generation Information [16,000]
Operations.
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 133,426 194,926
.................................. Additive Manufacturing of [10,000]
Unmanned Maritime Systems.
.................................. CPF--Resilient Autonomous [4,000]
Systems 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.
.................................. Intelligent Data Management [10,500]
for Distributed Naval
Platforms.
.................................. Next Generation Integrated [10,500]
Power and Energy Systems.
.................................. Relative Positioning of [5,000]
Autonomous Platforms.
.................................. Resilient Autonomous Systems [8,500]
Research & Workforce Diversity.
006 0602131M MARINE CORPS LANDING FORCE 53,467 73,967
TECHNOLOGY.
.................................. Advanced lithium-ion batteries [5,000]
.................................. CPF--Unmanned Logistics [3,000]
Solutions for the U.S. Marine
Corps.
.................................. Cyber, AI & LVC Tech Scouting [2,500]
& Workforce Development.
.................................. Unmanned logistics solutions.. [10,000]
007 0602235N COMMON PICTURE APPLIED RESEARCH... 51,911 56,911
.................................. Program increase.............. [5,000]
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 70,957 85,957
RESEARCH.
.................................. Anti-corrosion coatings....... [10,000]
.................................. High mobility ground robots... [5,000]
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 92,444 112,444
RESEARCH.
.................................. Chip Scale Open Architecture.. [20,000]
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.
.................................. Undersea vehicle technology [20,000]
partnerships.
.................................. UUV Research.................. [5,000]
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 173,641 205,641
RESEARCH.
.................................. Program increase.............. [32,000]
014 0602782N MINE AND EXPEDITIONARY WARFARE 31,649 31,649
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 120,637 146,237
APPLIED RESEARCH.
.................................. Advanced Concept of [25,600]
Operations--Navy UPL.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 81,296 81,296
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH...... 971,814 1,206,414
..................................
.................................. 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 280,285 284,885
DEMONSTRATION (ATD).
.................................. Program increase.............. [4,600]
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 19,999
TECHNOLOGY.
.................................. Multi-Medicine Manufacturing [15,000]
Platform.
024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 83,137 84,287
DEMONSTRATIONS.
.................................. Naval virtual innovation...... [1,150]
025 0603782N MINE AND EXPEDITIONARY WARFARE 2,007 2,007
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 144,122 230,422
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Advanced Concept of [61,300]
Operations--Navy UPL.
.................................. Scalable laser weapon system.. [25,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 865,755 972,805
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 66,828
.................................. Advanced Concept of [40,700]
Operations--Navy UPL.
.................................. Data dissemination and [7,500]
interoperability.
036 0603502N SURFACE AND SHALLOW WATER MINE 87,825 87,825
COUNTERMEASURES.
037 0603506N SURFACE SHIP TORPEDO DEFENSE...... 473 6,623
.................................. Nixie development............. [6,150]
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...... 82,205 101,205
.................................. Additive Manufacturing in Ship [5,000]
Advanced Concept Design.
.................................. Advance LAW development....... [4,000]
.................................. Polymorphic Build Farms....... [10,000]
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 176,600 185,600
.................................. Lithium Iron Phosphate [9,000]
Batteries Integration.
050 0603576N CHALK EAGLE....................... 91,584 91,584
051 0603581N LITTORAL COMBAT SHIP (LCS)........ 96,444 106,344
.................................. LCS Fire Control RADAR [9,900]
Demonstration.
052 0603582N COMBAT SYSTEM INTEGRATION......... 18,236 18,236
053 0603595N OHIO REPLACEMENT.................. 335,981 360,981
.................................. Composites for Wet Submarine [15,000]
Application.
.................................. Program increase.............. [10,000]
054 0603596N LCS MISSION MODULES............... 41,533 50,533
.................................. Mine Countermeasures Mission [9,000]
Package Capacity and
Wholeness--Navy UPL.
055 0603597N AUTOMATED TEST AND RE-TEST (ATRT). 9,773 9,773
056 0603599N FRIGATE DEVELOPMENT............... 118,626 118,626
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 45,028
COUNTERMEASURES (TADIRCM).
.................................. Program increase--distributed [30,000]
aperture infrared
countermeasure system.
085 0604289M NEXT GENERATION LOGISTICS......... 2,342 10,742
.................................. Digital manufacturing data [8,400]
vault.
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 26,630
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 124,204 261,304
WEAPON DEVELOPMENT.
.................................. Hypersonic Offensive Anti- [34,100]
Surface Warfare Increment 2
(OASuW Inc 2)--Navy UPL.
.................................. Long Range Anti-Ship Missile [53,000]
(LRASM) AGM-158C-3 range
improvement (Navy JASSM)--Navy
UPL.
.................................. Long Range Anti-Ship Missile [50,000]
(LRSAM).
094 0605512N MEDIUM UNMANNED SURFACE VEHICLES 104,000 104,000
(MUSVS)).
095 0605513N UNMANNED SURFACE VEHICLE ENABLING 181,620 166,620
CAPABILITIES.
.................................. Program decrease.............. [-15,000]
096 0605514M GROUND BASED ANTI-SHIP MISSILE.... 43,090 43,090
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 [20,000]
Tests.
099 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,856 9,856
100 0304240M ADVANCED TACTICAL UNMANNED 1,735 23,535
AIRCRAFT SYSTEM.
.................................. KARGO......................... [6,800]
.................................. Transition of the Autonomous [15,000]
Maritime Patrol Aircraft
(AMPA) JCTD to Naval Aviation
System Command (NAVAIR).
101 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 796 796
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 8,405,310 8,773,860
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
102 0603208N TRAINING SYSTEM AIRCRAFT.......... 15,128 15,128
103 0604038N MARITIME TARGETING CELL........... 39,600 39,600
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 58,559
.................................. H-1 Digital Interoperability [14,800]
(DI) Mobile User Objective
System (MUOS).
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 84,679
.................................. Program Increase--MidBand [30,000]
Capability.
120 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 329,787 314,787
(JTRS-NAVY).
.................................. Program decrease.............. [-15,000]
121 0604282N NEXT GENERATION JAMMER (NGJ) 301,737 151,737
INCREMENT II.
.................................. Program delay................. [-150,000]
122 0604307N SURFACE COMBATANT COMBAT SYSTEM 347,233 347,233
ENGINEERING.
124 0604329N SMALL DIAMETER BOMB (SDB)......... 42,881 42,881
125 0604366N STANDARD MISSILE IMPROVEMENTS..... 319,943 342,943
.................................. SM-6 Rocket Motor Industrial [23,000]
Base Expansion.
126 0604373N AIRBORNE MCM...................... 10,882 10,882
127 0604378N NAVAL INTEGRATED FIRE CONTROL-- 45,892 45,892
COUNTER AIR SYSTEMS ENGINEERING.
129 0604501N ADVANCED ABOVE WATER SENSORS...... 81,254 81,254
130 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,501 103,001
.................................. Submarine Electronic Warfare [9,500]
Capabilitiy Improvements.
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.................... 307,585 504,985
.................................. Accelerated design............ [188,900]
.................................. Advanced Submarine Control.... [8,500]
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.................. 60,793 105,793
.................................. INDOPACOM UPL--Anti-Surface [25,000]
Warfare (ASuW) Hammerhead Mine.
.................................. Quickstrike Powered Mines..... [20,000]
141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 142,000 142,000
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 92,687 127,087
KILL/EW).
.................................. Counter-Command, Control, [29,400]
Communications, Computers and
Combat Systems Intelligence,
Surveillance and
Reconnaissance and Targeting
(C-C5ISR&T)--Navy UPL.
.................................. Small Ship EW Self Protection [5,000]
Demonstration.
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 290,353 295,353
.................................. High performance data [10,000]
analytics.
.................................. Navy ePS--early to need....... [-5,000]
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 [4,000]
High-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.......................... 197,436 197,436
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 6,801,903
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 97,316
.................................. AUTEC data fusion capabilities [2,000]
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 & 105,152 165,152
INTERNATIONAL SUPPORT.
.................................. NRE project backlog reduction. [60,000]
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 1,194,670
..................................
.................................. 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 88,237
DEVELOPMENT.
.................................. Program increase.............. [7,000]
208 0101402N NAVY STRATEGIC COMMUNICATIONS..... 49,424 49,424
209 0204136N F/A-18 SQUADRONS.................. 238,974 242,974
.................................. 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 [14,500]
System, 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 85,422
ATOR).
.................................. G/ATOR air traffic control [24,000]
development--USMC UPL.
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.
.................................. Classified--USMC UPL.......... [5,000]
.................................. Program decrease.............. [-5,000]
224 0206335M COMMON AVIATION COMMAND AND 14,865 14,865
CONTROL SYSTEM (CAC2S).
225 0206623M MARINE CORPS GROUND COMBAT/ 100,536 113,736
SUPPORTING ARMS SYSTEMS.
.................................. Program Increase--USMC UPL.... [6,600]
.................................. Tactical Warfare Simulation [6,600]
improvements--USMC UPL.
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 41,705
SYSTEMS.
.................................. Program decrease.............. [-4,000]
242 0305220N MQ-4C TRITON...................... 13,893 -1,107
.................................. Program decrease.............. [-15,000]
243 0305231N MQ-8 UAV.......................... 13,100
.................................. Costs associated with [13,100]
restoring 5 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 24,437
.................................. Multi-physics simulation...... [15,000]
253 0702207N DEPOT MAINTENANCE (NON-IF)........ 26,248 26,248
254 0708730N MARITIME TECHNOLOGY (MARITECH).... 2,133 2,133
255A 9999999999 CLASSIFIED PROGRAMS............... 1,701,811 1,714,591
.................................. Program increase.............. [12,780]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,483,386 5,587,966
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.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 24,078,718 25,270,442
TEST & EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 375,325 455,397
.................................. Drone medic platform.......... [5,000]
.................................. Program increase.............. [75,072]
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 171,192 177,542
.................................. CPF--Aeromedical Research [2,350]
Center.
.................................. CPF--GHz-THz Antenna Systems [4,000]
for Massive Data Transmissions
in Real-Time.
.................................. SUBTOTAL BASIC RESEARCH........ 546,517 632,939
..................................
.................................. APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 88,672 88,672
RESEARCH.
005 0602102F MATERIALS......................... 134,795 144,795
.................................. Thermal protection for [10,000]
hypersonic vehicles.
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 159,453 175,953
.................................. Aeromechanics and integration. [10,000]
.................................. Rapid aerospace fabrication [6,500]
technology.
007 0602202F HUMAN EFFECTIVENESS APPLIED 135,771 160,842
RESEARCH.
.................................. Digital engineering and [20,071]
prototype 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 [10,000]
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 109,302 104,947
.................................. AI-enabled decisionmaking..... [4,000]
.................................. Technical realignment......... [-8,355]
014 0602788F DOMINANT INFORMATION SCIENCES AND 166,041 260,041
METHODS.
.................................. AI for networks............... [10,000]
.................................. Internet of Things Laboratory. [7,000]
.................................. Multi-Edge Computing Command [12,000]
and Control.
.................................. Program increase.............. [10,000]
.................................. Quantum testbed............... [10,000]
.................................. Trapped ion quantum computer.. [30,000]
.................................. Trusted computing base for [5,000]
mission flight computer.
.................................. UAS traffic management........ [10,000]
.................................. SUBTOTAL APPLIED RESEARCH...... 1,305,787 1,462,003
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
016 0603032F FUTURE AF INTEGRATED TECHNOLOGY 152,559 146,559
DEMOS.
.................................. Automated geospatial [9,000]
intelligence detection
algorithm.
.................................. Insufficient justification.... [-15,000]
017 0603112F ADVANCED MATERIALS FOR WEAPON 29,116 53,116
SYSTEMS.
.................................. FSS & UWB radome production... [9,000]
.................................. Metals Affordability [15,000]
Initiative.
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 86,820
.................................. Airborne Missile Defense Beam [10,000]
Director Development and
Flight Environmental
Qualification.
.................................. Modular Open Autonomous [5,600]
Software Testing.
.................................. Program increase.............. [25,000]
.................................. Technical realignment......... [-8,507]
021 0603216F AEROSPACE PROPULSION AND POWER 64,254 96,511
TECHNOLOGY.
.................................. Attritable combat UAV [13,750]
propulsion.
.................................. Program increase.............. [10,000]
.................................. Technical realignment......... [8,507]
022 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 33,380 48,380
.................................. High speed expendable [5,000]
turboramjets.
.................................. Program increase.............. [10,000]
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 98,503
029 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 47,759 69,759
.................................. Agile Factory Floor for Depot [8,000]
Sustainment.
.................................. Carbon/carbon for hypersonics. [10,000]
.................................. CPF--Additive Manufacturing [4,000]
and Ultra-High Performance
Concrete.
030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 51,824 51,824
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 827,271 946,621
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 231,408 200,408
(ABMS).
.................................. Program decrease.............. [-31,000]
039 0604004F ADVANCED ENGINE DEVELOPMENT....... 353,658 503,658
.................................. AETP.......................... [150,000]
040 0604006F DEPT OF THE AIR FORCE TECH 66,615 66,615
ARCHITECTURE.
041 0604015F LONG RANGE STRIKE--BOMBER......... 3,253,584 3,253,584
042 0604032F DIRECTED ENERGY PROTOTYPING....... 4,269 4,269
043 0604033F HYPERSONICS PROTOTYPING........... 431,868 172,547
.................................. Flight in Relevant [11,000]
Environments (FIRE) increase.
.................................. 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.
.................................. Program Increase--Replace [35,000]
Expended Inventory.
050 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 44,526 44,526
ACS.
051 0604668F JOINT TRANSPORTATION MANAGEMENT 51,758 51,758
SYSTEM (JTMS).
052 0604776F DEPLOYMENT & DISTRIBUTION 27,586 27,586
ENTERPRISE R&D.
053 0604858F TECH TRANSITION PROGRAM........... 649,545 600,795
.................................. 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 [3,000]
modeling and simulation.
056 0207110F NEXT GENERATION AIR DOMINANCE..... 1,657,733 1,608,233
.................................. Program decrease.............. [-49,500]
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 234,576 286,476
SUPPORT.
.................................. Joint Cyber Warfighting [51,900]
Architecture--CYBERCOM UPL.
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 8,124,954
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............ 283,152 283,152
097 0207701F FULL COMBAT MISSION TRAINING...... 3,028 12,528
.................................. Airborne Augemented Reality... [9,500]
102 0401221F KC-46A TANKER SQUADRONS........... 197,510 197,510
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 6,348,454
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
108 0604256F THREAT SIMULATOR DEVELOPMENT...... 21,067 56,067
.................................. Program increase.............. [35,000]
109 0604759F MAJOR T&E INVESTMENT.............. 44,714 74,714
.................................. Program increase.............. [30,000]
110 0605101F RAND PROJECT AIR FORCE............ 37,921 37,921
111 0605502F SMALL BUSINESS INNOVATION RESEARCH 86 86
112 0605712F INITIAL OPERATIONAL TEST & 13,926 13,926
EVALUATION.
113 0605807F TEST AND EVALUATION SUPPORT....... 826,854 826,854
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 77,820
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
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 3,155,874
..................................
.................................. 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 32,901
SYSTEM (AF-IPPS).
.................................. Insufficient justification.... [-5,000]
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 17,994
.................................. Program decrease.............. [-30,000]
145 0606018F NC3 INTEGRATION................... 23,559 23,559
147 0101113F B-52 SQUADRONS.................... 770,313 689,313
.................................. Program decrease.............. [-81,000]
148 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 571 571
149 0101126F B-1B SQUADRONS.................... 13,144 30,144
.................................. Hypersonic Integration [17,000]
Validation 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 31,951
CENTER MODERNIZATION PROGRAM.
.................................. Multi-Domain Operations [31,500]
modernization development.
158 0102412F NORTH WARNING SYSTEM (NWS)........ 76,910 76,910
159 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 12,210 17,210
.................................. Ultra-wide band receiver...... [5,000]
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 30,195
EQUIPMENT.
.................................. AI for EW..................... [7,000]
164 0207131F A-10 SQUADRONS.................... 72,393 72,393
165 0207133F F-16 SQUADRONS.................... 244,696 244,696
166 0207134F F-15E SQUADRONS................... 213,272 213,272
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).
.................................. Software Update............... [12,000]
179 0207327F SMALL DIAMETER BOMB (SDB)......... 27,713 77,713
.................................. Technology refresh & [50,000]
improvement--Air Force UPL.
181 0207412F CONTROL AND REPORTING CENTER (CRC) 6,615 12,815
.................................. Combat Air Intelligence [6,200]
Systems.
182 0207417F AIRBORNE WARNING AND CONTROL 239,658 237,658
SYSTEM (AWACS).
.................................. Early to need--communication [-2,000]
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 2,347
201 0208087F DISTRIBUTED CYBER WARFARE 76,592 113,892
OPERATIONS.
.................................. Joint Cyber Warfighting [37,300]
Architecture--CYBERCOM UPL.
202 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 8,367 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 [7,000]
SIGINT 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 33,138
DVMT (IMAD).
.................................. All-domain multi-sensor and [10,000]
multi-intelligence data fusion.
.................................. Operationalize foreign [10,000]
language exploitation
capabilities.
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 80,048
.................................. Sensor Open Systems [20,000]
Architecture.
.................................. 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 6,100
258 0401130F C-17 AIRCRAFT (IF)................ 25,387 31,887
.................................. IR Suppression................ [6,500]
259 0401132F C-130J PROGRAM.................... 11,060 21,060
.................................. Winglets...................... [10,000]
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 [4,000]
of 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.
276A 9999999999 CLASSIFIED PROGRAMS............... 17,240,641 17,271,641
.................................. Program increase.............. [31,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 23,090,569 23,252,069
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 240,926 240,926
(AFDCS)--SOFTWARE PILOT PROGRAM.
283 0308606F ALL DOMAIN COMMON PLATFORM (ADCP)-- 190,112 190,112
SOFTWARE PILOT PROGRAM.
284 0308607F AIR FORCE WEATHER PROGRAMS-- 58,063 58,063
SOFTWARE PILOT PROGRAM.
285 0308608F ELECTRONIC WARFARE INTEGRATED 5,794 5,794
REPROGRAMMING (EWIR)--SOFTWARE
PILOT PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 946,437 909,091
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 44,134,301 44,832,005
TEST & EVAL, AF.
..................................
.................................. RDTE, SPACE FORCE
.................................. APPLIED RESEARCH
002 1206601SF SPACE TECHNOLOGY.................. 243,737 278,892
.................................. Advanced Analog [6,800]
Microelectronics.
.................................. AI for space technology....... [5,000]
.................................. Technical realignment......... [8,355]
.................................. University Consortia for Space [15,000]
Technology.
.................................. SUBTOTAL APPLIED RESEARCH...... 243,737 278,892
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
003 1206310SF SPACE SCIENCE AND TECHNOLOGY 460,820 526,820
RESEARCH AND DEVELOPMENT.
.................................. Defense in depth as mission [20,000]
assurance for spacecraft.
.................................. Multilevel, Secure, Autonomous [20,000]
Mission Operations at AFRL.
.................................. Program increase.............. [26,000]
004 1206616SF SPACE ADVANCED TECHNOLOGY 103,395 80,168
DEVELOPMENT/DEMO.
.................................. Reduce follow-on tranches..... [-26,000]
.................................. Technical realignment......... [2,773]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 564,215 606,988
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 986,822 990,822
PROTOTYPING.
.................................. C2BMC integration............. [4,000]
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 69,953
.................................. Program increase.............. [12,000]
016 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 59,169 59,169
017 1206760SF PROTECTED TACTICAL ENTERPRISE 121,069 121,069
SERVICE (PTES).
018 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 294,828 294,828
019 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 565,597 565,597
020 1206857SF SPACE RAPID CAPABILITIES OFFICE... 45,427 45,427
.................................. SUBTOTAL ADVANCED COMPONENT 2,992,458 3,008,458
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
021 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 325,927 325,927
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 [30,000]
and beyond activities.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 5,335,659 5,165,659
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
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 20,962
MHA.
.................................. Spacelift Range System [7,000]
improvements.
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 [75,000]
Space.
.................................. Program increase.............. [25,000]
046 1206864SF SPACE TEST PROGRAM (STP).......... 25,366 25,366
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 424,943 529,170
..................................
.................................. 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 18,615
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 85,903
OPERATIONS.
.................................. Program increase.............. [5,000]
064 1206423SF GLOBAL POSITIONING SYSTEM III-- 359,720 359,720
OPERATIONAL CONTROL SEGMENT.
068 1206770SF ENTERPRISE GROUND SERVICES........ 123,601 123,601
068A 9999999999 CLASSIFIED PROGRAMS............... 4,973,358 4,927,058
.................................. Funding early to need......... [-379,300]
.................................. INDOPACOM Space Control....... [308,000]
.................................. Program adjustment............ [25,000]
.................................. SUBTOTAL OPERATIONAL SYSTEM 6,103,307 6,062,007
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.
..................................
.................................. TOTAL RDTE, SPACE FORCE...... 15,819,372 15,806,227
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 11,584 11,584
002 0601101E DEFENSE RESEARCH SCIENCES......... 401,870 495,444
.................................. AI for supply chain........... [4,100]
.................................. 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........ 62,386 184,686
.................................. CPF--FIU/SOUTHCOM Security [1,300]
Research Hub / Enhanced Domain
Awareness (EDA) Initiative.
.................................. CPF--HBCU Training for the [1,000]
Future of Aerospace.
.................................. Future G...................... [100,000]
.................................. MINERVA....................... [20,000]
005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 80,874 80,874
SCIENCE.
006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 132,347 168,347
.................................. Community colleges............ [5,000]
.................................. CPF--Florida Memorial Avionics [1,000]
Smart Scholars.
.................................. SMART......................... [30,000]
007 0601228D8Z HISTORICALLY BLACK COLLEGES AND 33,288 111,711
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. CPF--Augmenting Quantum [1,111]
Sensing Research, Education
and Training in DoD CoE at DSU.
.................................. CPF--Florida Memorial [600]
University Department of
Natural Sciences STEM
Equipment.
.................................. Program increase.............. [76,712]
008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 34,734 34,734
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........ 773,340 1,103,637
..................................
.................................. APPLIED RESEARCH
010 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 18,961 18,961
011 0602115E BIOMEDICAL TECHNOLOGY............. 106,958 114,658
.................................. Next-Generation Combat [7,700]
Casualty Care.
012 0602128D8Z PROMOTION AND PROTECTION 3,275 3,275
STRATEGIES.
014 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 20,634 20,634
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 388,270 418,270
TECHNOLOGY.
.................................. Artificial Intelligence and [5,000]
Human-Machine Symbiosis.
.................................. Cyber security................ [5,000]
.................................. Underexplored Systems for [20,000]
Utility-Scale Quantum
Computing.
018 0602383E BIOLOGICAL WARFARE DEFENSE........ 23,059 23,059
019 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 256,197 334,697
PROGRAM.
.................................. Program increase.............. [78,500]
020 0602668D8Z CYBER SECURITY RESEARCH........... 17,264 17,264
021 0602675D8Z SOCIAL SCIENCES FOR ENVIRONMENTAL 4,000 4,000
SECURITY.
022 0602702E TACTICAL TECHNOLOGY............... 221,883 261,883
.................................. Information Analytics [5,000]
Technology.
.................................. MAD-FIRES..................... [35,000]
023 0602715E MATERIALS AND BIOLOGICAL 352,976 355,276
TECHNOLOGY.
.................................. Expanding Human Resiliency.... [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 68,587
.................................. Program increase.............. [20,000]
028 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 49,174 49,174
.................................. SUBTOTAL APPLIED RESEARCH...... 2,386,000 2,564,500
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
029 0603000D8Z JOINT MUNITIONS ADVANCED 34,065 84,065
TECHNOLOGY.
.................................. Munitions technology [50,000]
development.
030 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,919 4,919
031 0603122D8Z COMBATING TERRORISM TECHNOLOGY 72,614 92,614
SUPPORT.
.................................. United States-Israel [15,000]
Cooperation to Counter
Unmanned Aerial Systems.
.................................. VTOL Loitering Munition (ROC- [5,000]
X).
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 31,737
ASSESSMENT.
.................................. IAMD/OSG AIS F-35 Event [10,000]
Preparation.
.................................. Kill Chain Performance [5,000]
Assessment Capability.
037 0603180C ADVANCED RESEARCH................. 22,023 50,023
.................................. Benzoxazine High-Mach System [4,000]
Thermal Protection.
.................................. High Temperature Nickel Based [4,000]
Alloy research.
.................................. Sounding Rocket Testbed [20,000]
Technology Maturation Tests.
038 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 52,156 72,156
DEVELOPMENT &TRANSITION.
.................................. Accelerate co-development of [20,000]
key partner programs.
039 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,898 18,898
DEVELOPMENT.
040 0603286E ADVANCED AEROSPACE SYSTEMS........ 253,135 410,435
.................................. GlideBreaker.................. [20,000]
.................................. MoHAWC........................ [60,000]
.................................. 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 68,890
CONCEPTS.
.................................. Emerging opportunities........ [15,000]
046 0603338D8Z DEFENSE MODERNIZATION AND 141,561 176,561
PROTOTYPING.
.................................. Program increase.............. [35,000]
047 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 42,925 106,002
.................................. AI for small unit maneuver.... [2,500]
.................................. Hybrid space architecture..... [5,577]
.................................. Joint programs................ [10,000]
.................................. National Security Innovation [15,000]
Capital.
.................................. Program increase.............. [25,000]
.................................. Small craft electric [5,000]
propulsion.
048 0603375D8Z TECHNOLOGY INNOVATION............. 109,535 469,535
.................................. Accelerating quantum [200,000]
applications.
.................................. AHI........................... [30,000]
.................................. Domestic Supply Chain for [100,000]
Microelectronics Critical
Element Production.
.................................. Future G Open Edge Computing [30,000]
Challenge.
049 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 238,407 253,407
PROGRAM--ADVANCED DEVELOPMENT.
.................................. Biological Defense Vaccines [15,000]
and Advanced Therapeutics.
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 1,268,142
AND TECHNOLOGY PROGRAM.
.................................. Advanced textiles............. [10,000]
.................................. Biotechnology Manufacturing [500,000]
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 [30,000]
manufacturing.
.................................. Increase Production Capacity [25,000]
for Hypersonics.
.................................. Munitions technology [50,000]
development.
.................................. Munitions technology [200,000]
development (Acquisition &
Sustainment).
.................................. Munitions technology [100,000]
development (Research &
Engineering).
.................................. New bioproducts............... [10,000]
.................................. Silicon carbide matrix [50,000]
materials for hypersonics.
.................................. Silicon-based lasers.......... [10,000]
.................................. Tools and methods to improve [15,000]
biomanufacturing.
055 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 46,166 51,166
.................................. AI-based market research...... [5,000]
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. 250,917 260,917
.................................. Low SWAP INU development...... [10,000]
061 0603760E COMMAND, CONTROL AND 305,050 315,050
COMMUNICATIONS SYSTEMS.
.................................. Composable Logistics and [10,000]
Information Omniscience.
062 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 678,562 758,562
.................................. ABII.......................... [50,000]
.................................. Classified Program............ [15,000]
.................................. Ocean of Things Phase 3....... [15,000]
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 111,149 166,149
TECHNOLOGY PROGRAM.
.................................. Program increase.............. [30,000]
.................................. Short pulse laser research.... [25,000]
067 0603941D8Z TEST & EVALUATION SCIENCE & 315,090 350,090
TECHNOLOGY.
.................................. Program increase.............. [35,000]
068 0603950D8Z NATIONAL SECURITY INNOVATION 22,028 74,028
NETWORK.
.................................. High energy laser power [7,000]
beaming.
.................................. Mission acceleration centers.. [20,000]
.................................. Program increase.............. [15,000]
.................................. TRISO advanced nuclear fuel... [10,000]
069 0604055D8Z OPERATIONAL ENERGY CAPABILITY 180,170 195,170
IMPROVEMENT.
.................................. Operational Energy Capability [15,000]
Improvement.
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 6,702,778
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 95,638
CERTIFICATION PROGRAM.
.................................. ESTCP--3D printed [5,000]
infrastructure.
.................................. ESTCP--PFAS Disposal.......... [5,000]
.................................. ESTCP--PFAS free fire fighting [1,000]
turnout gear.
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 291,364 291,364
PROGRAM--DEM/VAL.
080 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 231,134 242,334
.................................. BMDS Radars Modeling and [4,200]
Simulation.
.................................. HEMP Hardening................ [7,000]
081 0603890C BMD ENABLING PROGRAMS............. 591,847 717,847
.................................. Digital Engineering to Support [17,000]
NGI Transition.
.................................. Elevated Fire control Sensor.. [27,000]
.................................. Kill Chain Demonstration...... [51,000]
.................................. NGI Modeling and Threat [21,000]
Scenarios.
.................................. Support Equipment for FTX-26 [10,000]
and NGI Testing.
082 0603891C SPECIAL PROGRAMS--MDA............. 316,977 387,977
.................................. Classified program increase-- [71,000]
UPL.
083 0603892C AEGIS BMD......................... 600,072 600,072
084 0603896C BALLISTIC MISSILE DEFENSE COMMAND 589,374 648,624
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
.................................. Classified program increase-- [50,000]
UPL.
.................................. Network Refresh............... [6,500]
.................................. SATCOM Link Security--PAAWNS [2,750]
TRANSEC Module.
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. 559,513 729,513
.................................. Advanced Reactive Target [20,000]
Simulation Development.
.................................. Hypersonic Maneuvering [150,000]
Extended Range (HMER) Target
System.
092 0603923D8Z COALITION WARFARE................. 11,154 11,154
093 0604011D8Z NEXT GENERATION INFORMATION 249,591 284,591
COMMUNICATIONS TECHNOLOGY (5G).
.................................. Next Generation Information [35,000]
(5G).
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. 35,000
.................................. Continue Diode Pumped Alkali [25,000]
Laser Development.
.................................. Program increase.............. [10,000]
097 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL 33,950 33,950
INTELLIGENCE OFFICER (CDAO)--MIP.
099 0604181C HYPERSONIC DEFENSE................ 225,477 542,977
.................................. Accelerate Glide Phase [292,500]
Interceptor program.
.................................. Disruptive Technologies....... [25,000]
100 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,145,358 1,274,858
.................................. Powered Quickstrike Mines (Sea [30,000]
Urchin).
.................................. Program increase.............. [80,000]
.................................. Service Tactical SIGINT [9,500]
Upgrades--INDOPACOM UPL.
.................................. Short Pulse Laser Directed [10,000]
Energy Demonstration.
101 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 647,226 652,226
.................................. Trusted & Assured [5,000]
Microelectronics.
102 0604331D8Z RAPID PROTOTYPING PROGRAM......... 179,189 204,189
.................................. Energetics.................... [5,000]
.................................. Program increase.............. [20,000]
103 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 24,402 37,402
PROTOTYPING.
.................................. AI/ML-enabled OSINT for [4,000]
information effects.
.................................. Assured Defense Avionics...... [5,000]
.................................. Information environment....... [4,000]
104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,691 2,691
UNMANNED SYSTEM COMMON
DEVELOPMENT.
105 0604551BR CATAPULT.......................... 7,130 27,130
.................................. Radiation-Hardened Fully- [20,000]
Depleted Silicon-on-Insulator
Microelectronics.
106 0604555D8Z OPERATIONAL ENERGY CAPABILITY 45,779 50,779
IMPROVEMENT--NON S&T.
.................................. Operational Energy Capability [5,000]
Improvement- Prototyping.
108 0604682D8Z WARGAMING AND SUPPORT FOR 3,229 3,229
STRATEGIC ANALYSIS (SSA).
109 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 40,699 40,699
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
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.................... 182,776 192,776
.................................. Continued participation in ASD- [10,000]
23.
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 33,165
.................................. Mobile nuclear microreactors.. [12,000]
.................................. Program increase.............. [20,000]
123 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 129,957 305,957
SPACE PROGRAMS.
.................................. HBTSS Payload Continued [166,000]
Development beyond Phase IIb.
.................................. MDSEA DEVSECOPS............... [10,000]
.................................. SUBTOTAL ADVANCED COMPONENT 10,756,509 12,007,959
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
124 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL 273,340 368,340
INTELLIGENCE OFFICER (CDAO)--DEM/
VAL ACTIVITIES.
.................................. CDAO.......................... [50,000]
.................................. Software integration.......... [45,000]
125 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 6,482 6,482
SECURITY EQUIPMENT RDT&E SDD.
127 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 312,148 312,148
PROGRAM--EMD.
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 1,109,114
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- [5,100]
Pathogen Diagnostic Tool.
165 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,820 6,820
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
.................................. Small Business Tech Transfer.. [3,000]
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 22,354
INTERNATIONAL SUPPORT.
.................................. Joint Programs................ [10,000]
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
195A 9999999999 CLASSIFIED PROGRAMS............... 37,841 37,841
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,830,097 2,148,197
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
200 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 588,094 649,903
SUSTAINMENT SUPPORT.
.................................. Advanced machining............ [20,000]
.................................. Carbon/carbon industrial base [10,000]
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.
.................................. Integrated circuit substrates. [3,000]
.................................. Precision optics manufacturing [14,809]
.................................. RF microelectronics supply [8,000]
chain.
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).
204 0208043J PLANNING AND DECISION AID SYSTEM 16,600
(PDAS).
.................................. 2.5/3D heterogeneous.......... [16,600]
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 47,135
PROGRAM.
.................................. ISSP, NWC and NPS............. [4,000]
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 29,870
.................................. MQ-9 Mallett reprogramming.... [5,870]
.................................. Speed Loader Agile POD........ [10,000]
263 1160403BB AVIATION SYSTEMS.................. 179,499 179,499
264 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 75,136 85,136
.................................. Intelligence Systems [10,000]
Development.
265 1160408BB OPERATIONAL ENHANCEMENTS.......... 142,900 168,810
.................................. Artificial intelligence for [15,000]
Small Unit Maneuver (AISUM).
.................................. CPF--Intercept, Collect, [2,300]
Analyze, and Disrupt (ICAD)
Application.
.................................. Precision Strike Munition [8,610]
Shipboard Safety &
Certification Testing.
266 1160431BB WARRIOR SYSTEMS................... 129,133 155,860
.................................. Counter Unmanned Systems [5,400]
(CUxS) Procurement
Acceleration.
.................................. Ground Organic Precision [9,930]
Strike Systems (GOPSS)
Loitering Munitions.
.................................. Identity and Signature [9,000]
Management Modernization.
.................................. Maritime Scalable Effects [2,397]
(MSE) Electronic Warfare
System Acceleration.
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) [30,000]
Next Acceleration.
272 1160490BB OPERATIONAL ENHANCEMENTS 7,583 8,528
INTELLIGENCE.
.................................. Low Visibility Vanishing [945]
Technology (LVVT).
273 1203610K TELEPORT PROGRAM.................. 1,270 1,270
273A 9999999999 CLASSIFIED PROGRAMS............... 7,854,604 7,878,304
.................................. JWICS modernization........... [1,500]
.................................. MARS Advanced Capabilities.... [22,200]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 10,114,680 10,330,241
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).
.................................. OSD requested transfer to new [-100,000]
PE.
276A 0604795D8Z ACCELERATE THE PROCUREMENT AND 100,000
FIELDING OF INNOVATIVE
TECHNOLOGIES (APFIT).
.................................. OSD requested transfer from [100,000]
erroneous PE.
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.
282A 9999999999 CLASSIFIED PROGRAMS............... 265,028 265,028
.................................. SUBTOTAL SOFTWARE AND DIGITAL 564,411 564,411
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 32,077,552 36,530,837
TEST & EVAL, DW.
..................................
.................................. MISSION-BASED RAPID ACQUISITION
ACCOUNT
001 9999999999 MISSION-BASED RAPID ACQUISITION... 30,000
.................................. Mission-Based Rapid [30,000]
Acquisition.
.................................. SUBTOTAL MISSION-BASED RAPID 30,000
ACQUISITION.
..................................
.................................. TOTAL MISSION-BASED RAPID 30,000
ACQUISITION ACCOUNT.
..................................
.................................. 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
..................................
.................................. TOTAL OPERATIONAL TEST & 277,194 277,194
EVAL, DEFENSE.
..................................
.................................. TOTAL RDT&E.................. 130,097,410 138,641,449
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2023 House
Line Item Request Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS.................................................... 4,506,811 4,356,811
Program decrease.............................................. [-150,000]
020 MODULAR SUPPORT BRIGADES.......................................... 177,136 177,136
030 ECHELONS ABOVE BRIGADE............................................ 894,629 894,629
040 THEATER LEVEL ASSETS.............................................. 2,570,949 2,450,949
Program decrease.............................................. [-120,000]
050 LAND FORCES OPERATIONS SUPPORT.................................... 1,184,230 1,144,230
Program decrease.............................................. [-40,000]
060 AVIATION ASSETS................................................... 2,220,817 2,220,817
070 FORCE READINESS OPERATIONS SUPPORT................................ 7,366,299 7,616,738
Advanced Bomb Suit II......................................... [12,940]
Arctic OCIE for Alaska bases, Fort Drum and Fort Carson....... [65,050]
Extended Cold Weather Clothing System (ECWCS) Layer 1 & 2 for [8,999]
Initial Entry Training Soldiers...............................
Female/Small Stature Body Armor............................... [66,750]
Operation Pathways (OP)....................................... [100,000]
Program decrease.............................................. [-60,000]
Service Tactical SIGINT Upgrades--INDOPACOM UPL............... [3,400]
Theater Intelligence (ISR-PED)................................ [53,300]
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 9,276,325
Base Operating Support for AFFF Replacement, mobile assets and [6,000]
Disposal......................................................
Program decrease.............................................. [-60,000]
120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 4,666,658 5,192,598
FSRM--AFFF Replacement Facilities............................. [65,000]
OIB Projects.................................................. [100,000]
Program increase.............................................. [360,940]
130 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 284,483 254,483
Program decrease.............................................. [-30,000]
140 ADDITIONAL ACTIVITIES............................................. 450,348 420,348
Program decrease.............................................. [-30,000]
160 RESET............................................................. 383,360 383,360
170 US AFRICA COMMAND................................................. 385,685 543,835
Commercial Satellite Communications (COMSATCOM)............... [16,750]
Counter UAS--AFRICOM HQ....................................... [8,100]
Counter Unmanned Aircraft Systems--AFRICOM UPL................ [8,500]
Force Protection Systems--AFRICOM HQ.......................... [8,100]
High Risk ISR--Processing, Exploitation and Dissemination [4,600]
(PED).........................................................
High Risk ISR--Security Programs - Aircraft Contract.......... [110,000]
High Risk ISR--Security Programs - SATCOM Support............. [2,100]
180 US EUROPEAN COMMAND............................................... 359,602 359,602
190 US SOUTHERN COMMAND............................................... 204,336 204,336
200 US FORCES KOREA................................................... 67,756 67,756
210 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 495,066 495,066
220 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 673,701 683,701
Certified remote access to enterprise applications............ [10,000]
230 JOINT CYBER MISSION FORCES........................................ 178,033 178,033
SUBTOTAL OPERATING FORCES..................................... 39,180,602 39,701,131
MOBILIZATION
240 STRATEGIC MOBILITY................................................ 434,423 498,423
INDOPACOM Theater Campaigning................................. [104,000]
Program decrease.............................................. [-40,000]
250 ARMY PREPOSITIONED STOCKS......................................... 378,494 392,638
APS 3/4....................................................... [14,144]
260 INDUSTRIAL PREPAREDNESS........................................... 4,001 4,001
SUBTOTAL MOBILIZATION......................................... 816,918 895,062
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 TRAINING CORPS............................ 554,992 554,992
310 SPECIALIZED SKILL TRAINING........................................ 1,115,045 1,115,045
320 FLIGHT TRAINING................................................... 1,396,392 1,396,392
330 PROFESSIONAL DEVELOPMENT EDUCATION................................ 221,960 221,960
340 TRAINING SUPPORT.................................................. 717,318 717,318
350 RECRUITING AND ADVERTISING........................................ 691,053 691,053
360 EXAMINING......................................................... 192,832 192,832
370 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 235,340 235,340
380 CIVILIAN EDUCATION AND TRAINING................................... 251,378 251,378
390 JUNIOR RESERVE OFFICER TRAINING CORPS............................. 196,088 196,088
SUBTOTAL TRAINING AND RECRUITING.............................. 5,952,780 5,952,780
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
410 SERVICEWIDE TRANSPORTATION........................................ 662,083 622,083
Program decrease.............................................. [-40,000]
420 CENTRAL SUPPLY ACTIVITIES......................................... 822,018 812,018
Program decrease.............................................. [-10,000]
430 LOGISTIC SUPPORT ACTIVITIES....................................... 806,861 776,861
Program decrease.............................................. [-30,000]
440 AMMUNITION MANAGEMENT............................................. 483,187 483,187
450 ADMINISTRATION.................................................... 486,154 436,154
Program decrease.............................................. [-50,000]
460 SERVICEWIDE COMMUNICATIONS........................................ 1,871,173 1,831,173
Army Enterprise Service Management Program.................... [20,000]
Program decrease.............................................. [-60,000]
470 MANPOWER MANAGEMENT............................................... 344,668 344,668
480 OTHER PERSONNEL SUPPORT........................................... 811,999 791,999
Program decrease.............................................. [-20,000]
490 OTHER SERVICE SUPPORT............................................. 2,267,280 2,272,280
Advanced planning for infrastructure to support presence on [35,000]
NATO's Eastern Flank..........................................
Program decrease.............................................. [-30,000]
500 ARMY CLAIMS ACTIVITIES............................................ 191,912 191,912
510 REAL ESTATE MANAGEMENT............................................ 288,942 288,942
520 FINANCIAL MANAGEMENT AND AUDIT READINESS.......................... 410,983 410,983
530 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT..................... 38,714 38,714
540 INTERNATIONAL MILITARY HEADQUARTERS............................... 532,377 532,377
550 MISC. SUPPORT OF OTHER NATIONS.................................... 35,709 35,709
590A CLASSIFIED PROGRAMS............................................... 2,113,196 2,138,296
High Altitude Balloon......................................... [10,200]
Hyperspectral Imagery (HSI) Sensor............................ [14,900]
Program decrease.............................................. [-32,000]
Program increase.............................................. [32,000]
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 12,167,256 12,007,356
TOTAL OPERATION & MAINTENANCE, ARMY.......................... 58,117,556 58,556,329
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 SUPPORT................................ 409,994 409,994
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, RESTORATION & MODERNIZATION............... 358,772 390,192
Program increase.............................................. [31,420]
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 22,112 22,112
120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 2,929 2,929
130 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,382 7,382
SUBTOTAL OPERATING FORCES..................................... 3,089,090 3,120,510
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 AND SERVICE-WIDE ACTIVITIES........... 139,414 139,414
TOTAL OPERATION & MAINTENANCE, ARMY RES...................... 3,228,504 3,259,924
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS.................................................... 964,237 987,237
Northern Strike............................................... [23,000]
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 1,169,826
070 FORCE READINESS OPERATIONS SUPPORT................................ 722,788 722,788
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, RESTORATION & MODERNIZATION............... 1,053,996 1,141,385
Program increase.............................................. [87,389]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 1,148,286 1,148,286
130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 8,715 8,715
140 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 8,307 8,307
SUBTOTAL OPERATING FORCES..................................... 7,720,437 7,830,826
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 AND SERVICE-WIDE ACTIVITIES........... 436,800 442,600
TOTAL OPERATION & MAINTENANCE, ARNG.......................... 8,157,237 8,273,426
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
010 IRAQ.............................................................. 358,015 358,015
020 SYRIA............................................................. 183,677 183,677
SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)............. 541,692 541,692
TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)............... 541,692 541,692
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 7,334,452 7,393,452
Costs associated with restoring 5 LCS......................... [6,000]
PDI training requirements..................................... [57,000]
Program decrease.............................................. [-4,000]
020 FLEET AIR TRAINING................................................ 2,793,739 2,793,739
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES.................... 65,248 65,248
040 AIR OPERATIONS AND SAFETY SUPPORT................................. 214,767 214,767
050 AIR SYSTEMS SUPPORT............................................... 1,075,365 1,075,365
060 AIRCRAFT DEPOT MAINTENANCE........................................ 1,751,737 1,859,137
Aircraft Depot Maintenance Events (Multiple Type/Model/Series) [107,100]
Costs associated with restoring 5 LCS......................... [300]
070 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 70,319 70,319
080 AVIATION LOGISTICS................................................ 1,679,193 1,604,193
Historical underexecution..................................... [-75,000]
090 MISSION AND OTHER SHIP OPERATIONS................................. 6,454,952 6,524,952
Costs associated with restoring 5 LCS......................... [10,400]
Restore USS Ashland........................................... [14,400]
Restore USS Germantown........................................ [14,400]
Restore USS Gunston Hall...................................... [15,400]
Restore USS Tortuga........................................... [15,400]
100 SHIP OPERATIONS SUPPORT & TRAINING................................ 1,183,237 1,183,237
110 SHIP DEPOT MAINTENANCE............................................ 10,038,261 10,321,061
Costs associated with restoring 5 LCS......................... [90,000]
Public Shipyard Tools, Test Equipment, and Machinery.......... [127,000]
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 2,841,595
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]
Ship Support--USFFC/CPF Berthing & Messing Shortfall.......... [23,100]
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE...................... 1,632,824 1,568,324
Historical underexecution..................................... [-65,000]
Service Tactical SIGINT Upgrades--INDOPACOM UPL............... [500]
140 SPACE SYSTEMS AND SURVEILLANCE.................................... 339,103 339,103
150 WARFARE TACTICS................................................... 881,999 881,999
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY.......................... 444,150 444,150
170 COMBAT SUPPORT FORCES............................................. 2,274,710 2,302,810
Expeditionary VLS Reload System--Navy UPL..................... [100]
Historical underexecution..................................... [-65,000]
INDOPACOM Theater Campaigning................................. [100,000]
Program decrease.............................................. [-7,000]
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................ 194,346 194,346
190 CYBER MISSION FORCES.............................................. 101,049 101,049
200 COMBATANT COMMANDERS CORE OPERATIONS.............................. 65,893 76,193
Asia Pacific Regional Initiative.............................. [10,300]
210 COMBATANT COMMANDERS DIRECT MISSION SUPPORT....................... 282,742 417,342
Fusion Center................................................. [3,300]
INDOPACOM Critical Manpower Positions......................... [2,700]
INDOPACOM Theater Campaigning................................. [50,000]
Joint Electro-Magnetic Spectrum Office (JEMSO)................ [5,400]
Mission Partner Environment (MPE) Battlefield Information [5,300]
Collection & Exploitation System-Extended (BICES-X)...........
MSV--Carolyn Chouest.......................................... [12,500]
Pacific Movement Coordination Center (PMCC)................... [2,400]
Pacific Multi-Domain Training and Experimentation Capability [19,000]
(PMTEC).......................................................
Program increase.............................................. [12,000]
STORMBREAKER.................................................. [22,000]
230 CYBERSPACE ACTIVITIES............................................. 477,540 477,540
240 FLEET BALLISTIC MISSILE........................................... 1,664,076 1,724,076
Historical underexecution..................................... [-15,000]
MQ-9B COCO.................................................... [75,000]
250 WEAPONS MAINTENANCE............................................... 1,495,783 1,505,983
Costs associated with restoring 5 LCS......................... [7,200]
Historical underexecution..................................... [-20,000]
SM-6 Expansion of Combat Usable Asset Inventory--Navy UPL..... [23,000]
260 OTHER WEAPON SYSTEMS SUPPORT...................................... 649,371 634,371
Historical underexecution..................................... [-15,000]
270 ENTERPRISE INFORMATION............................................ 1,647,834 1,647,834
280 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 3,549,311 3,974,311
FSRM--AFFF Replacement Facilities............................. [34,000]
FSRM--Red Hill................................................ [100,000]
Program increase.............................................. [291,000]
290 BASE OPERATING SUPPORT............................................ 5,503,088 5,501,088
Base Operating Support for AFFF Replacement, mobile assets and [18,000]
Disposal......................................................
Historical underexecution..................................... [-20,000]
SUBTOTAL OPERATING FORCES..................................... 56,287,184 57,737,584
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.................................... 364,096 356,596
Costs associated with restoring 5 LCS......................... [7,500]
Historical underexecution..................................... [-15,000]
330 EXPEDITIONARY HEALTH SERVICES SYSTEMS............................. 133,780 133,780
340 COAST GUARD SUPPORT............................................... 21,196 21,196
SUBTOTAL MOBILIZATION......................................... 1,670,652 1,721,752
TRAINING AND RECRUITING
350 OFFICER ACQUISITION............................................... 190,578 190,578
360 RECRUIT TRAINING.................................................. 14,679 14,679
370 RESERVE OFFICERS TRAINING CORPS................................... 170,845 170,845
380 SPECIALIZED SKILL TRAINING........................................ 1,133,889 1,118,889
Historical underexecution..................................... [-15,000]
390 PROFESSIONAL DEVELOPMENT EDUCATION................................ 334,844 339,144
Navy O&M Training and Recruiting (Sea Cadets)................. [4,300]
400 TRAINING SUPPORT.................................................. 356,670 356,670
410 RECRUITING AND ADVERTISING........................................ 204,498 204,498
420 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 89,971 89,971
430 CIVILIAN EDUCATION AND TRAINING................................... 69,798 69,798
440 JUNIOR ROTC....................................................... 55,194 55,194
SUBTOTAL TRAINING AND RECRUITING.............................. 2,620,966 2,610,266
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
450 ADMINISTRATION.................................................... 1,349,966 1,279,966
Historical underexecution..................................... [-60,000]
Program decrease.............................................. [-10,000]
460 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................ 227,772 227,772
470 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 667,627 667,627
480 MEDICAL ACTIVITIES................................................ 284,962 284,962
490 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT..................... 62,824 62,824
500 SERVICEWIDE TRANSPORTATION........................................ 207,501 207,501
520 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................ 554,265 639,265
Historical underexecution..................................... [-15,000]
Red Hill Fuel Distribution Advanced Planning, Engineering, [100,000]
Program Support...............................................
530 ACQUISITION, LOGISTICS, AND OVERSIGHT............................. 798,473 783,473
Historical underexecution..................................... [-15,000]
540 INVESTIGATIVE AND SECURITY SERVICES............................... 791,059 791,059
720A CLASSIFIED PROGRAMS............................................... 628,700 629,900
Navy SCI Communications Modernization (Maritime Surveillance [1,200]
Project)......................................................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 5,573,149 5,574,349
TOTAL OPERATION & MAINTENANCE, NAVY.......................... 66,151,951 67,643,951
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................................ 1,740,491 1,818,491
INDOPACOM Theater Campaigning................................. [78,000]
020 FIELD LOGISTICS................................................... 1,699,425 1,699,425
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 & MODERNIZATION.......................... 1,292,219 1,667,219
Program increase.............................................. [375,000]
080 BASE OPERATING SUPPORT............................................ 2,699,487 2,680,487
Historical underexecution..................................... [-15,000]
Program decrease.............................................. [-4,000]
SUBTOTAL OPERATING FORCES..................................... 8,082,129 8,516,129
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 EDUCATION................................ 64,626 64,626
130 TRAINING SUPPORT.................................................. 523,603 523,603
140 RECRUITING AND ADVERTISING........................................ 225,759 225,759
150 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 51,882 51,882
160 JUNIOR ROTC....................................................... 27,660 27,660
SUBTOTAL TRAINING AND RECRUITING.............................. 1,036,653 1,036,653
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 AND SERVICE-WIDE ACTIVITIES........... 542,162 542,162
TOTAL OPERATION & MAINTENANCE, MARINE CORPS.................. 9,660,944 10,094,944
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 669,533 671,993
Costs associated with restoring HSC-85 aircraft squadron...... [2,460]
020 INTERMEDIATE MAINTENANCE.......................................... 11,134 11,134
030 AIRCRAFT DEPOT MAINTENANCE........................................ 164,892 164,892
040 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 494 494
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 MODERNIZATION........................ 44,784 73,784
Program increase.............................................. [29,000]
110 BASE OPERATING SUPPORT............................................ 116,374 116,374
SUBTOTAL OPERATING FORCES..................................... 1,211,771 1,243,231
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
120 ADMINISTRATION.................................................... 1,986 1,986
130 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 12,550 12,550
140 ACQUISITION AND PROGRAM MANAGEMENT................................ 1,993 1,993
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 16,529 16,529
TOTAL OPERATION & MAINTENANCE, NAVY RES...................... 1,228,300 1,259,760
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES.................................................. 109,045 109,045
020 DEPOT MAINTENANCE................................................. 19,361 19,361
030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 45,430 48,811
Program increase.............................................. [3,381]
040 BASE OPERATING SUPPORT............................................ 118,364 118,364
SUBTOTAL OPERATING FORCES..................................... 292,200 295,581
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
050 ADMINISTRATION.................................................... 12,033 12,033
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 12,033 12,033
TOTAL OPERATION & MAINTENANCE, MC RESERVE.................... 304,233 307,614
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 936,731 846,731
Historical underexecution..................................... [-150,000]
Technical realignment......................................... [60,000]
020 COMBAT ENHANCEMENT FORCES......................................... 2,657,865 2,587,865
Program decrease.............................................. [-10,000]
Technical realignment......................................... [-60,000]
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS).................... 1,467,518 1,477,518
Contract Adversary Air........................................ [10,000]
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 4,341,794 4,700,594
Historical underexecution..................................... [-20,000]
Increase for Weapon System Sustainment........................ [378,800]
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 4,091,088 4,479,488
FSRM--AFFF Replacement Facilities/ assets..................... [75,000]
Historical underexecution..................................... [-55,000]
Program increase.............................................. [368,400]
060 CYBERSPACE SUSTAINMENT............................................ 130,754 140,754
PACAF cyber operations for base resilient architecture........ [10,000]
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 8,782,940 8,712,940
Historical underexecution..................................... [-70,000]
080 FLYING HOUR PROGRAM............................................... 5,871,718 5,882,618
Blk 20 F-22................................................... [10,900]
090 BASE SUPPORT...................................................... 10,638,741 10,648,741
Base Operating Support for AFFF Replacement, mobile assets, [10,000]
and Disposal..................................................
100 GLOBAL C3I AND EARLY WARNING...................................... 1,035,043 1,042,174
Technical realignment......................................... [7,131]
110 OTHER COMBAT OPS SPT PROGRAMS..................................... 1,436,329 1,350,129
Engaging on Western Hemisphere Challenges and Interoperability [3,800]
with Partner Nations..........................................
Historical underexecution..................................... [-90,000]
120 CYBERSPACE ACTIVITIES............................................. 716,931 736,931
Command and control of the information environment............ [20,000]
140 LAUNCH FACILITIES................................................. 690 690
160 US NORTHCOM/NORAD................................................. 197,210 197,210
170 US STRATCOM....................................................... 503,419 503,419
180 US CYBERCOM....................................................... 436,807 580,107
CMF Operational Support--CYBERCOM UPL......................... [148,300]
Technical realignment......................................... [-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........................................................ 329,543 338,043
National Space Defense Center Interim Facility................ [8,500]
240 JOINT CYBER MISSION FORCE PROGRAMS................................ 186,759 191,759
Technical realignment......................................... [5,000]
240A CLASSIFIED PROGRAMS............................................... 1,705,801 1,705,801
SUBTOTAL OPERATING FORCES..................................... 45,827,528 46,483,359
MOBILIZATION
250 AIRLIFT OPERATIONS................................................ 2,780,616 2,885,316
INDOPACOM Theater Campaigning................................. [104,700]
260 MOBILIZATION PREPAREDNESS......................................... 721,172 671,172
Historical underexecution..................................... [-50,000]
SUBTOTAL MOBILIZATION......................................... 3,501,788 3,556,488
TRAINING AND RECRUITING
270 OFFICER ACQUISITION............................................... 189,721 189,721
280 RECRUIT TRAINING.................................................. 26,684 26,684
290 RESERVE OFFICERS TRAINING CORPS (ROTC)............................ 135,515 135,515
300 SPECIALIZED SKILL TRAINING........................................ 541,511 541,511
310 FLIGHT TRAINING................................................... 779,625 866,777
Airborne Warning and Control System (AWACS) training.......... [87,152]
320 PROFESSIONAL DEVELOPMENT EDUCATION................................ 313,556 313,556
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 EDUCATION.................................. 254,907 254,907
370 CIVILIAN EDUCATION AND TRAINING................................... 355,375 355,375
380 JUNIOR ROTC....................................................... 69,964 69,964
SUBTOTAL TRAINING AND RECRUITING.............................. 3,044,183 3,131,335
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 1,195,915
Program decrease.............................................. [-87,152]
420 SERVICEWIDE COMMUNICATIONS........................................ 33,222 33,222
430 OTHER SERVICEWIDE ACTIVITIES...................................... 1,790,985 1,810,985
Advanced planning for infrastructure to support presence on [20,000]
NATO's Eastern Flank..........................................
440 CIVIL AIR PATROL.................................................. 30,526 30,526
460 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT..................... 42,558 42,558
480 INTERNATIONAL SUPPORT............................................. 102,065 102,065
480A CLASSIFIED PROGRAMS............................................... 1,427,764 1,427,764
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 5,907,743 5,840,592
TOTAL OPERATION & MAINTENANCE, AIR FORCE..................... 58,281,242 59,011,773
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.................................................. 695,228 702,228
Digital Mission Operations Platform for the Space Force....... [7,000]
040 EDUCATION & TRAINING.............................................. 153,135 153,135
060 DEPOT MAINTENANCE................................................. 285,863 285,863
070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 235,253 260,653
Program increase.............................................. [25,400]
080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT........................... 1,358,565 1,328,565
Program decrease.............................................. [-30,000]
090 SPACE OPERATIONS -BOS............................................. 144,937 144,937
090A CLASSIFIED PROGRAMS............................................... 272,941 272,941
SUBTOTAL OPERATING FORCES..................................... 3,806,238 3,808,638
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 AND SERVICE-WIDE ACTIVITIES........... 228,420 228,420
TOTAL OPERATION & MAINTENANCE, SPACE FORCE................... 4,034,658 4,037,058
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 1,743,908 1,743,908
020 MISSION SUPPORT OPERATIONS........................................ 193,568 193,568
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 493,664 493,664
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 133,782 145,282
Program increase.............................................. [11,500]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 341,724 341,724
060 BASE SUPPORT...................................................... 522,195 522,195
070 CYBERSPACE ACTIVITIES............................................. 1,706 1,706
SUBTOTAL OPERATING FORCES..................................... 3,430,547 3,442,047
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
080 ADMINISTRATION.................................................... 102,038 102,038
090 RECRUITING AND ADVERTISING........................................ 9,057 9,057
100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................ 14,896 14,896
110 OTHER PERS SUPPORT (DISABILITY COMP).............................. 7,544 7,544
120 AUDIOVISUAL....................................................... 462 462
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 133,997 133,997
TOTAL OPERATION & MAINTENANCE, AF RESERVE.................... 3,564,544 3,576,044
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 MAINTENANCE.............................. 1,193,699 1,193,699
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 437,042 474,142
Program increase.............................................. [37,100]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 1,284,264 1,284,264
060 BASE SUPPORT...................................................... 967,169 967,169
070 CYBERSPACE SUSTAINMENT............................................ 12,661 80,161
Information Technology and JWICS capacity..................... [67,500]
080 CYBERSPACE ACTIVITIES............................................. 15,886 15,886
SUBTOTAL OPERATING FORCES..................................... 6,800,298 6,904,898
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 AND SERVICE-WIDE ACTIVITIES........... 100,381 102,681
TOTAL OPERATION & MAINTENANCE, ANG........................... 6,900,679 7,007,579
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF............................................. 445,366 325,366
Program decrease.............................................. [-120,000]
020 JOINT CHIEFS OF STAFF--CYBER...................................... 9,887 9,887
030 JOINT CHIEFS OF STAFF--JTEEP...................................... 679,336 479,336
Program decrease.............................................. [-200,000]
040 OFFICE OF THE SECRETARY OF DEFENSE--MISO.......................... 246,259 273,759
United States Indo-Pacific Command-MISO....................... [27,500]
050 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES.......... 2,056,291 2,056,606
Low Visibility Vanishing Technology (LVVT).................... [315]
060 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES.................. 39,178 39,178
070 SPECIAL OPERATIONS COMMAND INTELLIGENCE........................... 1,513,025 1,534,325
Counter Unmanned Systems (CUxS) Procurement Acceleration...... [10,400]
Identity and Signature Management Modernization............... [10,900]
Restore PB (U-28)............................................. [3,000]
U-28A......................................................... [-3,000]
080 SPECIAL OPERATIONS COMMAND MAINTENANCE............................ 1,207,842 1,236,195
Advanced Engine Performance and Restoration Program (Nucleated [3,000]
Foam).........................................................
C-130J Power by the Hour (PBTH) CLS........................... [21,620]
Combatant Craft Medium (CCM) Loss Refurbishment............... [4,250]
Counter Unmanned Systems (CUxS) Procurement Acceleration...... [5,353]
Maintenance................................................... [-5,000]
MQ-9 Mallett reprogramming.................................... [-5,870]
Program increase.............................................. [5,000]
090 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS.... 196,271 196,271
100 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT.................... 1,299,309 1,340,409
Advana Authoritative Data Management and Analytics............ [8,000]
ARSOF Information Advantage Acceleration...................... [11,500]
Enterprise Data Stewardship Program........................... [18,000]
Identity and Signature Management Modernization............... [3,600]
Operational Support........................................... [-7,000]
Program increase.............................................. [7,000]
110 SPECIAL OPERATIONS COMMAND THEATER FORCES......................... 3,314,770 3,348,481
Combat Aviation Advisor mission support....................... [18,000]
Non-Traditional ISR........................................... [10,000]
Tactical Mission Network Digital Force Protection............. [5,711]
SUBTOTAL OPERATING FORCES..................................... 11,007,534 10,839,813
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY.................................... 176,454 176,454
130 JOINT CHIEFS OF STAFF............................................. 101,492 101,492
140 SPECIAL OPERATIONS COMMAND/PROFESSIONAL DEVELOPMENT EDUCATION..... 35,279 35,279
SUBTOTAL TRAINING AND RECRUITING.............................. 313,225 313,225
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
150 CIVIL MILITARY PROGRAMS........................................... 139,656 273,156
National Guard Youth Challenge................................ [83,500]
STARBASE...................................................... [50,000]
170 DEFENSE CONTRACT AUDIT AGENCY..................................... 646,072 636,072
Program decrease.............................................. [-10,000]
180 DEFENSE CONTRACT AUDIT AGENCY--CYBER.............................. 4,107 4,107
190 DEFENSE CONTRACT MANAGEMENT AGENCY................................ 1,506,300 1,474,300
Program decrease.............................................. [-32,000]
200 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER......................... 29,127 24,127
Early to need................................................. [-5,000]
210 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY................... 983,133 983,133
230 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY--CYBER............ 10,245 10,245
240 DEFENSE HUMAN RESOURCES ACTIVITY.................................. 935,241 791,241
National Language Fellowship Add.............................. [6,000]
Program decrease.............................................. [-150,000]
250 DEFENSE HUMAN RESOURCES ACTIVITY--CYBER........................... 26,113 26,113
260 DEFENSE INFORMATION SYSTEMS AGENCY................................ 2,266,729 2,266,729
270 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER......................... 643,643 663,643
Internet Operations Management................................ [20,000]
300 DEFENSE LEGAL SERVICES AGENCY..................................... 233,687 223,687
Program decrease.............................................. [-10,000]
310 DEFENSE LOGISTICS AGENCY.......................................... 429,060 429,060
320 DEFENSE MEDIA ACTIVITY............................................ 243,631 198,631
Program decrease.............................................. [-50,000]
Web Enterprise Business....................................... [5,000]
330 DEFENSE POW/MIA OFFICE............................................ 150,021 150,021
340 DEFENSE SECURITY COOPERATION AGENCY............................... 2,445,669 2,282,669
Baltic Security Initiative.................................... [225,000]
International Security Cooperation Programs................... [100,000]
Offset for Baltic Security Initiative......................... [-225,000]
Program increase.............................................. [37,000]
Transfer to Ukraine Security Assistance Initiative............ [-300,000]
350 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................ 40,063 40,063
360 DEFENSE THREAT REDUCTION AGENCY................................... 941,763 741,763
Program decrease.............................................. [-200,000]
380 DEFENSE THREAT REDUCTION AGENCY--CYBER............................ 56,052 56,052
390 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.......................... 3,276,276 3,351,276
Department of Defense Education Activity (Impact Aid Students [22,000]
with Disabilities)............................................
Department of Defense Education Activity (Impact Aid)......... [53,000]
400 MISSILE DEFENSE AGENCY............................................ 541,787 541,787
430 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION................. 108,697 128,697
Defense Community Infrastructure Program...................... [20,000]
440 OFFICE OF THE SECRETARY OF DEFENSE................................ 2,239,072 1,328,008
Afghanistan War Commission.................................... [2,500]
AHI cross-functional team..................................... [10,000]
Center for Excellence in Civilian Harm Mitigation............. [5,000]
Commission on Civilian Harm................................... [4,000]
Commission on Professional Military Education................. [5,000]
Commission on the National Defense Strategy................... [2,900]
Congressional Commission on the Strategic Posture of the [2,800]
United States.................................................
Dellums Scholarship program................................... [5,000]
Executive Education on Emerging Technologies for Civilian and [3,500]
Military Leaders..............................................
Information Assurance Scholarship Program..................... [25,000]
National Commission on the Future of the Navy................. [4,000]
National Security Commission on Emerging Biotechnology........ [5,600]
Office of the Secretary of Defense- ASD EI+E Personnel........ [1,000]
Pilot Program on Financial Assistance for Victims of Domestic [5,000]
Violence......................................................
PPBE Commission............................................... [3,800]
Program decrease.............................................. [-774,675]
Readiness Environmental Protection Integration Program........ [6,000]
Red teams..................................................... [1,000]
Unjustified growth............................................ [-228,489]
450 OFFICE OF THE SECRETARY OF DEFENSE--CYBER......................... 55,255 55,255
500 WASHINGTON HEADQUARTERS SERVICES.................................. 369,943 347,943
Program decrease.............................................. [-22,000]
500A CLASSIFIED PROGRAMS............................................... 18,764,415 18,814,215
Classified adjustment......................................... [12,100]
Defense Cover Program......................................... [10,000]
ICASS humint mission support.................................. [9,000]
Joint Worldwide Intelligence Communications System (JWICS) [12,000]
Modernization.................................................
MARS Advanced Capabilities.................................... [1,300]
TORCH--Enterprise IT.......................................... [5,400]
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 37,085,757 35,841,993
UNDISTRIBUTED
510 UNDISTRIBUTED..................................................... -760,000
Civilian Personnel inflation pay.............................. [60,000]
Foreign currency fluctuations................................. [-450,000]
Historical unobligated balances............................... [-370,000]
SUBTOTAL UNDISTRIBUTED........................................ -760,000
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE................ 48,406,516 46,235,031
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE INITIATIVE............................ 1,000,000
Program increase.............................................. [700,000]
Transfer from Defense Security Cooperation Agency............. [300,000]
SUBTOTAL UKRAINE SECURITY ASSISTANCE.......................... 1,000,000
TOTAL UKRAINE SECURITY ASSISTANCE............................ 1,000,000
SEIZE THE INITIATIVE FUND
010 SEIZE THE INITIATIVE FUND......................................... 1,000,000
Program increase.............................................. [1,000,000]
SUBTOTAL SEIZE THE INITIATIVE FUND............................ 1,000,000
TOTAL SEIZE THE INITIATIVE FUND.............................. 1,000,000
US COURT OF APPEALS FOR ARMED FORCES, DEF
ADMINISTRATION AND ASSOCIATED ACTIVITIES
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE................. 16,003 16,003
SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES............. 16,003 16,003
TOTAL US COURT OF APPEALS FOR ARMED FORCES, DEF.............. 16,003 16,003
DOD ACQUISITION WORKFORCE DEVELOPMENT FUND
ACQUISITION WORKFORCE DEVELOPMENT
010 ACQ WORKFORCE DEV FD.............................................. 53,791 53,791
SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT.................... 53,791 53,791
TOTAL DOD ACQUISITION WORKFORCE DEVELOPMENT FUND............. 53,791 53,791
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID..................... 112,800 152,800
Program increase.............................................. [40,000]
SUBTOTAL HUMANITARIAN ASSISTANCE.............................. 112,800 152,800
TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID......... 112,800 152,800
COOPERATIVE THREAT REDUCTION ACCOUNT
010 COOPERATIVE THREAT REDUCTION...................................... 341,598 341,598
SUBTOTAL COOPERATIVE THREAT REDUCTION......................... 341,598 341,598
TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT................... 341,598 341,598
ENVIRONMENTAL RESTORATION, ARMY
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, ARMY................................... 196,244 196,244
SUBTOTAL DEPARTMENT OF THE ARMY............................... 196,244 196,244
TOTAL ENVIRONMENTAL RESTORATION, ARMY........................ 196,244 196,244
ENVIRONMENTAL RESTORATION, NAVY
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, NAVY................................... 359,348 1,089,348
Program increase.............................................. [30,000]
Red Hill...................................................... [700,000]
SUBTOTAL DEPARTMENT OF THE NAVY............................... 359,348 1,089,348
TOTAL ENVIRONMENTAL RESTORATION, NAVY........................ 359,348 1,089,348
ENVIRONMENTAL RESTORATION, AIR FORCE
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR FORCE.............................. 314,474 344,474
Program increase.............................................. [30,000]
SUBTOTAL DEPARTMENT OF THE AIR FORCE.......................... 314,474 344,474
TOTAL ENVIRONMENTAL RESTORATION, AIR FORCE................... 314,474 344,474
ENVIRONMENTAL RESTORATION, DEFENSE
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, DEFENSE................................ 8,924 33,924
FUDS--Military Munitions Response Program..................... [25,000]
SUBTOTAL DEFENSE-WIDE......................................... 8,924 33,924
TOTAL ENVIRONMENTAL RESTORATION, DEFENSE..................... 8,924 33,924
ENVIRONMENTAL RESTORATION FORMERLY USED SITES
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES..................... 227,262 227,262
SUBTOTAL DEFENSE-WIDE......................................... 227,262 227,262
TOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES.......... 227,262 227,262
SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS , DEFENSE
OPERATIONS SUPPORT
100 SUPPORT OF INTERNATIONAL SPORTING COMPETITIONS, DEFENSE........... 10,377 10,377
SUBTOTAL OPERATIONS SUPPORT................................... 10,377 10,377
TOTAL SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS , 10,377 10,377
DEFENSE......................................................
RED HILL RECOVERY FUND
010 RED HILL RECOVERY FUND............................................ 1,000,000 0
Realignment to execution accounts............................. [-1,000,000]
SUBTOTAL RED HILL RECOVERY FUND............................... 1,000,000 0
TOTAL RED HILL RECOVERY FUND................................. 1,000,000 0
TOTAL OPERATION & MAINTENANCE................................ 271,218,877 274,270,946
----------------------------------------------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 House
Item Request Authorized
------------------------------------------------------------------------
Military Personnel.................... 164,139,628 164,792,801
Inflation bonus pay.............. [800,000]
BAH Absorption Restoration (1%).. [244,000]
Additional BAH Absorption [250,000]
Restoration (2%).................
Military Personnel, Navy--Restore [190,000]
Navy Force Structure Cuts
(Manpower).......................
Military Personnel, Navy--Restore [19,173]
Personnel for HSC-85 Aircraft
(Manpower).......................
Military personnel historical [-700,000]
underexecution...................
Foreign currency fluctuations.... [-150,000]
MERHCF................................ 9,743,704 9,743,704
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 House
Item Request Authorized
------------------------------------------------------------------------
NATIONAL DEFENSE STOCKPILE TRANSACTION
FUND
DEFENSE STOCKPILE....................... 253,500 253,500
TOTAL NATIONAL DEFENSE STOCKPILE 253,500 253,500
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 FORCE 80,448 80,448
WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE AUTOMATION & PRODUCTION SERVICES 2 2
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 1,961,208
Program increase................... [750,000]
TOTAL WORKING CAPITAL FUND, DECA..... 1,211,208 1,961,208
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M.............. 84,612 84,612
CHEM DEMILITARIZATION--RDT&E............ 975,206 975,206
TOTAL CHEM AGENTS & MUNITIONS 1,059,818 1,059,818
DESTRUCTION..........................
DRUG INTERDICTION & CTR-DRUG ACTIVITIES,
DEF
COUNTER-NARCOTICS SUPPORT............... 619,474 627,716
JIATF-W............................ [8,242]
DRUG DEMAND REDUCTION PROGRAM........... 130,060 134,060
Young Marines Program.............. [4,000]
NATIONAL GUARD COUNTER-DRUG PROGRAM..... 100,316 100,316
NATIONAL GUARD COUNTER-DRUG SCHOOLS..... 5,878 5,878
TOTAL DRUG INTERDICTION & CTR-DRUG 855,728 867,970
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............................
TOTAL OFFICE OF THE INSPECTOR GENERAL 479,359 479,359
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE........................... 9,906,943 10,006,943
TRICARE Dental for Selected Reserve [100,000]
PRIVATE SECTOR CARE..................... 18,455,209 18,455,209
CONSOLIDATED HEALTH SUPPORT............. 1,916,366 1,916,366
INFORMATION MANAGEMENT.................. 2,251,151 2,251,151
MANAGEMENT ACTIVITIES................... 338,678 338,678
EDUCATION AND TRAINING.................. 334,845 341,845
TriService Nursing Research Program [7,000]
BASE OPERATIONS/COMMUNICATIONS.......... 2,111,558 2,111,558
R&D RESEARCH............................ 39,568 39,568
R&D EXPLORATRY DEVELOPMENT.............. 175,477 175,477
R&D ADVANCED DEVELOPMENT................ 320,862 320,862
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 47,971
National Disaster Medical Surge [20,000]
Pilot and Implementation...........
Warfighting Brain Initiative....... [10,000]
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 TO 72,601 72,601
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 37,069,174
TOTAL OTHER AUTHORIZATIONS........... 40,910,474 44,309,716
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2023 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Alabama
Army Anniston Army Depot General Purpose Warehouse. 0 2,400
Army Redstone Arsenal Physics Lab............... 0 44,000
California
Army Air Force Training Planning and Design 0 650
Center Edwards Munitions Igloo--East.
Colorado
Army Fort Carson Fire Station Support 14,200 14,200
Building.
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 Tripler Army Medical Water System Upgrades..... 0 2,000
Center
Army Fort Shafter Water System Upgrades..... 0 2,000
Kwajalein
Army Kwajalein Atoll Medical Clinic............ 69,000 69,000
Louisiana
Army Fort Polk, Louisiana Child Development Center.. 32,000 32,000
Army Fort Polk, Louisiana Joint Operations Center... 0 61,000
Maryland
Army Aberdeen Proving Test Maintenance 0 85,000
Ground Fabrication Facility.
Army Aberdeen Proving Test Maintenance 0 7,600
Ground Fabrication Facility Cost
to Complete.
Mississippi
Army Vicksburg General Purpose Lab and 0 20,000
Test Building.
New Jersey
Army Picatinny Arsenal Igloo Storage Installation 0 12,000
Army Picatinny Arsenal Precision Munitions Test 0 3,654
Tower.
New York
Army U.S. Military Academy Engineering Center........ 39,800 39,800
Army Fort Drum Automated Record Fire Plus 0 2,400
Range.
North Carolina
Army Fort Bragg Multipurpose Training 34,000 34,000
Range.
Pennsylvania
Army Letterkenny Army Depot Shipping and Receiving 38,000 38,000
Building.
Texas
Army Fort Hood Barracks.................. 0 19,000
Army Fort Hood Automated Infantry Platoon 0 1,220
Battle Course.
Army Fort Hood Automated Machine Gun 0 1,240
Range.
Army Fort Hood Infantry Squad Battle 0 600
Course.
Army Corpus Christi Army Powertrain Facility 103,000 83,000
Depot (Engine Assembly).
Army Fort Bliss Fire Station.............. 15,000 15,000
Washington
Army Joint Base Lewis- Barracks.................. 49,000 49,000
McChord
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support....... 26,000 26,000
Locations
Army Unspecified Worldwide Planning and Design....... 167,151 167,151
Locations
Army Unspecified Worldwide Unspecified Minor 90,414 90,414
Locations Construction.
Army Various Worldwide Cost to Complete- 0 502,900
Locations Inflation Adjustment.
........................
Military Construction, Army Total 845,565 1,593,229
......................
Alabama
Navy Redstone Arsenal Building 6231............. 0 6,000
Australia
Navy Royal Australian Air PDI: Aircraft Parking 72,446 72,446
Force Base Darwin Apron (Inc).
California
Navy Corona Performance Assessment 0 15,000
Communications Laboratory.
Navy Corona Planning and Design Data 0 2,845
Science Analytics and
Innovation.
Navy Marine Corps Base Camp Basilone Road Realignment. 85,210 85,210
Pendleton
Navy Naval Air Station F-35C Aircraft Maintenance 201,261 43,261
Lemoore Hangar & Airfield Pave.
Navy Naval Base Point Loma Child Development Center.. 56,450 56,450
Annex
Navy Naval Base San Diego Pier 6 Replacement (Inc).. 15,565 15,565
Navy Marine Corps Air Range Simulation Training 120,382 11,382
Ground Combat Center & Operations Fac..
Twentynine Palms
Connecticut
Navy Naval Submarine Base Relocate Underwater 15,514 15,514
New London Electromagnetic Measure..
Florida
Navy Naval Air Station Engine Test Cells 86,232 86,232
Jacksonville Modifications.
Navy Marine Corps Support Communications 0 5,291
Facility Blount Infrastructure
Island Modernization Design.
Navy Naval Air Station AHTS Aircraft Flight 57,789 57,789
Whiting Field Simulator Facility.
Georgia
Navy Naval Submarine Base Nuclear Regional 213,796 213,796
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 131,590 48,590
Blaz Battalion 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 79,314
Blaz Infantry Battalion 1 & 2
Facility.
Hawaii
Navy Marine Corps Base Bachelor Enslisted 0 87,930
Kaneohe Bay Quarters (P-973).
Navy Joint Base Pearl Dry Dock 3 Replacement 621,185 621,185
Harbor-Hickam (Inc).
Idaho
Navy Carderock Planning and Design ARD 0 706
Range Craft Berthing
Facility.
Japan
Navy Kadena Air Base PDI: Marine Corps Bachelor 94,100 34,100
Enlisted Quarters.
Navy Kadena Air Base PDI: Marine Corps Barracks 101,300 101,300
Complex, Kadena.
Maine
Navy Kittery Multi-Mission Drydock #1 503,282 503,282
Extension (Inc).
Maryland
Navy Carderock SFOMF Storage Laboratory.. 0 2,073
Navy Carderock Planning and Design Ship 0 2,650
Systems Integration and
Design Facility.
Navy Indian Head EOD Explosive Testing 0 2,039
Range 2 Expansion at SN,
Building 2107.
Navy Indian Head New Combustion Laboratory. 0 6,000
Navy Indian Head Planning and Design 0 5,650
Contained Burn Facility.
Navy Naval Surface Warfare Contained Burn Facility... 0 4,750
Center Indian Head
Nevada
Navy Naval Air Station F-35C Aircraft Maintenance 97,865 37,865
Fallon Hangar.
North Carolina
Navy Marine Corps Base Camp Regional Communications 47,475 47,475
Lejeune Station, Hadnot Point.
Navy Marine Corps Air Aircraft Maintenance 106,000 91,000
Station Cherry Point Hangar (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 Modern. Ph 2 (Inc).
Pennsylvania
Navy Philadelphia Machinery Control 0 86,610
Developmental Center.
Virginia
Navy Dahlgren Upgrade Electrical 0 2,503
Substation 1.
Navy Dahlgren Planning and Design 0 1,237
Weapons Integration and
Test Campus.
Navy Naval Station Norfolk Submarine Logistics 16,863 16,863
Support Facilities.
Navy Naval Station Norfolk Submarine Pier 3 (Inc).... 155,000 155,000
Navy Portsmouth Naval Dry Dock Saltwater System 47,718 47,718
Shipyard for CVN-78 (Inc).
Washington
Navy Naval Air Station E/A-18G Aircraft Flt. 37,461 37,461
Whidbey Island Read. Squad. Train. Fac.
Worldwide Unspecified
Navy Unspecified Worldwide MCON Planning and Funds... 397,124 397,124
Locations
Navy Unspecified Worldwide Unspecified Minor 109,994 109,994
Locations Construction.
Navy Unspecified Worldwide Red Hill.................. 0 23,184
Locations
Navy Various Worldwide Cost to Complete- 0 1,198,000
Locations Inflation Adjustment.
........................
Military Construction, Navy Total 3,752,391 4,649,859
......................
Alabama
AF Maxwell Air Force Base Commercial Vehicle 0 15,000
Inspection Gate.
Alaska
AF Clear Air Force LRDR Dormitory............ 68,000 68,000
Station
AF Joint Base Elmendorf- Extend Runway 16/34, Inc.. 100,000 100,000
Richardson
California
AF Vandenberg Air Force GBSD Consolidated 89,000 89,000
Base Maintenance Facility.
AF Travis Air Force Base KC-46 ADAL Simulator 0 7,500
Facility, B179.
Florida
AF Patrick Space Force Consolidated 0 75,680
Base Communications Facility.
AF Air Force Research Planning and Design Shock 0 530
Lab--Eglin Air Force and Applied Impact
Base Laboratory (SAIL).
AF Eglin Air Force Base F-35A ADAL Development 0 2,500
Test.
AF Eglin Air Force Base F-35A Developmental Test 2- 0 4,100
Bay MXS Hangar.
AF Eglin Air Force Base F-35A Developmental Test 2- 0 3,700
Bay Test Hangar.
Hawaii
AF Kirtland Air Force Secure Integration Support 0 89,000
Base, Maui Lab With Land Acquisition.
Experimental Site #1
Hungary
AF Papa Air Base EDI: DABS-FEV Storage..... 71,000 71,000
Iceland
AF Keflavik EDI: DABS-FEV Storage..... 94,000 94,000
Italy
AF Aviano Air Base Combat Rescue Helicopter 15,500 15,500
Simulator Facility.
AF Aviano Air Base EDI: RADR Storage Facility 31,000 31,000
Japan
AF Kadena Air Base Helicopter Rescue OPS 71,000 71,000
Maintenance Hangar, Inc.
AF Kadena Air Base PDI: Theater A/C Corrosion 77,000 77,000
Control Ctr, Inc.
Jordan
AF Azraq Air Base Bulk Petroleum/Oil/ 32,000 32,000
Lubricants Storage.
AF Azraq Air Base Fuel Cell and Phase 18,000 18,000
Maintenance Hangars.
Louisiana
AF Barksdale Air Force Weapons Generation 125,000 125,000
Base Facility, Inc.
Mariana Islands
AF Tinian PDI: Airfield Development 58,000 58,000
Phase 1, Inc.
AF Tinian PDI: Fuel Tanks W/Pipeln & 92,000 92,000
Hydrant Sys, Inc.
AF Tinian PDI: Parking Apron, Inc... 41,000 41,000
Massachusetts
AF Hanscom Air Force Base MIT-Lincoln Lab (West Lab 30,200 30,200
CSL/MIF), Inc.
New Mexico
AF Kirtland Air Force JNWC Headquarters......... 0 4,700
Base
AF Kirtland Air Force Space Rapid Capabilities 0 4,400
Base Office (SPRCO)
Headquarters Facility.
New York
AF Air Force Research Lab Construct HF Antennas, 0 4,200
Rome Newport and Stockbridge
Annexes.
Norway
AF Rygge EDI: Base Perimeter 8,200 8,200
Security Fence.
Ohio
AF Wright-Patterson Air Child Development Center/ 0 29,000
Force Base School Age Center.
Oklahoma
AF Tinker Air Force Base Facility and Land 30,000 30,000
Acquisition (MROTC).
AF Tinker Air Force Base KC-46A 3-Bay Depot 49,000 49,000
Maintenance Hangar, Inc.
AF Tinker Air Force Base KC-46A Fuel POL 13,600 13,600
Infrastructure.
AF Altus Air Force Base South Gate................ 0 4,750
South Carolina
AF Shaw Air Force Base RAPCON Facility........... 10,000 10,000
South Dakota
AF Ellsworth Air Force B-21 2-Bay LO Restoration 91,000 76,000
Base Facility, Inc.
AF Ellsworth Air Force B-21 Radio Frequency 77,000 77,000
Base Facility.
AF Ellsworth Air Force B-21 Weapons Generation 50,000 50,000
Base Facility, Inc.
Spain
AF Moron Air Base EDI: RADR Storage Facility 29,000 29,000
Tennessee
AF Arnold Air Force Base Arc Heater Test Facility 38,000 38,000
Dragon Fire.
Texas
AF Joint Base San Antonio BMT Recruit Dormitory 8, 0 5,400
Inc 3 CTC.
AF Joint Base San Antonio BMT Recruit Dormitory 7, 90,000 45,000
Inc.
AF Joint Base San Antonio Randolph AFB Child 0 29,000
Development Center.
Utah
AF Hill Air Force Base GBSD Organic Software 95,000 95,000
Sustain Ctr, Inc.
AF Hill Air Force Base GBSD Technology and 84,000 84,000
Collaboration Center.
Worldwide Unspecified
AF Unspecified Worldwide Planning & Design......... 11,722 11,722
Locations
AF Unspecified Worldwide Planning & Design......... 12,424 12,424
Locations
AF Unspecified Worldwide Planning & Design......... 111,648 111,648
Locations
AF Unspecified Worldwide Varlocs Cost to Complete.. 0 89,000
Locations
AF Various Worldwide Unspecified Minor Military 66,162 66,162
Locations Construction.
AF Various Worldwide Natural Disaster Response- 0 360,000
Locations Cost to Complete.
AF Various Worldwide Cost to Complete- 0 746,000
Locations Inflation Adjustment.
Wyoming
AF F.E. Warren Air Force GBSD Integrated Command 95,000 95,000
Base Center Wing a.
AF F.E. Warren Air Force GBSD Land Acquisition..... 34,000 34,000
Base
AF F.E. Warren Air Force GBSD Missile Handling 47,000 47,000
Base Complex Wing a.
........................
Military Construction, Air Force Total 2,055,456 3,469,916
......................
Alabama
Def-Wide Missile and Space Backup Power Generation... 0 10,700
Intelligence Center,
Redstone Arsenal
California
Def-Wide Naval Base Ventura Ground Mounted Solar 0 13,360
County, Point Mugu Photovoltaic System.
Def-Wide Marine Corps Mountain Microgrid and Backup Power 0 25,560
Warfare Training
Center Bridgeport
Def-Wide Coronado SOF Operations Support 75,712 75,712
Facility.
Djibouti
Def-Wide Camp Lemonnier Enhanced Energy Security 0 24,000
and Control Systems.
Florida
Def-Wide Naval Air Station Facility Energy Operations 0 2,400
Jacksonville Center Renovation.
Def-Wide Patrick Space Force Underground Electric 0 8,400
Base Distribution System.
Def-Wide Patrick Space Force Water Distribution Loop... 0 7,300
Base
Def-Wide Hurlburt Field SOF Human Performance 9,100 9,100
Training Center.
Def-Wide MacDill Air Force Base SOF Operations Integration 0 50,000
Facility.
Def-Wide MacDill Air Force Base SOF Joint MISO Web- 0 8,730
Operations Facility.
Georgia
Def-Wide Fort Stewart-Hunter Power Generation and 0 25,400
Army Airfield Microgrid.
Def-Wide Naval Submarine Base SCADA Modernization....... 0 11,200
Kings Bay
Germany
Def-Wide Baumholder Baumholder Elementary 71,000 71,000
School.
Def-Wide Baumholder SOF Battalion Annex....... 22,468 22,468
Def-Wide Baumholder SOF Communications Annex.. 9,885 9,885
Def-Wide Baumholder SOF Operations Annex...... 23,768 23,768
Def-Wide Baumholder SOF Support Annex......... 21,902 21,902
Def-Wide Rhine Ordnance Medical Center Replacement 299,790 99,790
Barracks Inc 10.
Def-Wide Weisbaden Clay Kaserne Elementary 60,000 60,000
School.
Guam
Def-Wide Naval Base Guam Electrical Distribution 0 34,360
System.
Hawaii
Def-Wide Joint Base Pearl Primary Electrical 0 25,000
Harbor-Hickham Distribution.
Japan
Def-Wide Kadena Lighting Upgrades......... 0 780
Def-Wide Iwakuni PDI: Bulk Storage Tanks Ph 85,000 85,000
1.
Def-Wide Yokosuka Kinnick High School Inc... 20,000 20,000
Def-Wide Yokota Air Base PDI: Bulk Storage Tanks Ph 44,000 44,000
I (Inc).
Def-Wide Yokota Air Base PDI: Operations and 72,154 72,154
Warehouse Facilities.
Kansas
Def-Wide Fort Riley Power Generation and 0 25,780
Microgrid.
Kuwait
Def-Wide Camp Arifjan Power Generation and 0 26,850
Microgrid.
Maryland
Def-Wide Fort Meade Reclaimed Water 0 23,310
Infrastructure Expansion.
Def-Wide Bethesda Naval MEDCEN Addition / 75,500 75,500
Hospital Alteration Inc 6.
Def-Wide Fort Meade NSAW Mission OPS and 140,000 140,000
Records Center (Inc).
Def-Wide Fort Meade NSAW Recap Building 4 378,000 378,000
(Inc).
North Carolina
Def-Wide Fort Bragg SOF Operations Building... 18,870 18,870
Def-Wide Fort Bragg SOF Supply Support 15,600 15,600
Activity.
Texas
Def-Wide Fort Hood Power Generation and 0 31,500
Microgrid.
Def-Wide U.S. Army Reserve Power Generation and 0 9,600
Center, Conroe Microgrid.
Def-Wide Joint Base San Antonio Ambulatory Care Center 58,600 58,600
Replacement (Dental).
Virginia
Def-Wide Naval Support Activity Backup Power Generation... 0 3,400
Hampton Roads
Def-Wide NCE Springfield, Fort Chilled Water Redundancy.. 0 1,100
Belvoir
Def-Wide Naval Support Activity Primary Distribution 0 19,000
Hampton Roads Substation.
Def-Wide Dam Neck SOF Operations Building 26,600 26,600
Addition.
Def-Wide Pentagon Commercial Vehicle 18,000 18,000
Inspection Facility.
Worldwide Unspecified
Def-Wide Unspecified Worldwide Energy Resilience and 329,000 0
Locations Conserv. Invest. Prog..
Def-Wide Unspecified Worldwide ERCIP Design.............. 224,250 224,250
Locations
Def-Wide Unspecified Worldwide Exercise Related Minor 18,644 18,644
Locations Construction.
Def-Wide Unspecified Worldwide INDOPACOM................. 0 47,600
Locations
Def-Wide Unspecified Worldwide INDOPACOM--Red Hill Fuel 0 75,000
Locations Distribution.
Def-Wide Unspecified Worldwide Planning and Design--Defw. 26,689 26,689
Locations
Def-Wide Unspecified Worldwide Planning and Design--DHA.. 33,227 33,227
Locations
Def-Wide Unspecified Worldwide Planning and Design--DLA.. 30,000 30,000
Locations
Def-Wide Unspecified Worldwide Planning and Design--DODEA 20,086 20,086
Locations
Def-Wide Unspecified Worldwide Planning and Design--MDA.. 47,063 47,063
Locations
Def-Wide Unspecified Worldwide Planning and Design--NSA.. 9,618 9,618
Locations
Def-Wide Unspecified Worldwide Planning and Design--SOCOM 26,978 26,978
Locations
Def-Wide Unspecified Worldwide Planning and Design--TJS.. 2,360 2,360
Locations
Def-Wide Unspecified Worldwide Planning and Design--WHS.. 2,106 2,106
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction--Defw.
Def-Wide Unspecified Worldwide Unspecified Minor 15,000 15,000
Locations Construction--DHA.
Def-Wide Unspecified Worldwide Unspecified Minor 8,000 8,000
Locations Construction--DODEA.
Def-Wide Unspecified Worldwide Unspecified Minor 6,000 6,000
Locations Construction--NSA.
Def-Wide Unspecified Worldwide Unspecified Minor 36,726 36,726
Locations Construction--SOCOM.
Def-Wide Unspecified Worldwide Unspecified Minor 31,702 31,702
Locations Construction--DLA.
Def-Wide Various Worldwide Cost to Complete- 0 688,000
Locations Inflation Adjustment.
Def-Wide Various Worldwide EUCOM--Infrastructure to 0 50,000
Locations Support Presence on
Nato's Eastern Flank
(Planning and Design).
INDOPACOM
Def-Wide INDOPACOM Exercise Related Minor 0 16,130
Construction.
........................
Military Construction, Defense-Wide Total 2,416,398 3,151,858
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 210,139 210,139
Investment Program Program.
........................
NATO Security Investment Program Total 210,139 210,139
......................
Delaware
Army NG New Castle National Guard Readiness 16,000 16,000
Center.
Florida
Army NG Palm Coast National Guard Vehicle 12,000 12,000
Maintenance Shop.
Army NG Camp Blanding Automated Multipurpose 0 8,500
Machine Gun (MPMG) Range.
Army NG Camp Blanding Scout Recce Gunnery 0 16,200
Complex.
Hawaii
Army NG Kapolei National Guard Readiness 29,000 29,000
Center Addition.
Indiana
Army NG Atlanta National Guard Readiness 20,000 20,000
Center.
Iowa
Army NG West Des Moines National Guard Readiness 15,000 15,000
Center.
Louisiana
Army NG Camp Beauregard Energy Resilience 0 765
Conservation Investment
Program Project.
Army NG Louisiana National Munitions Administrative 0 1,650
Guard New Orleans Facility.
Army NG Abbeville National Guard Readiness 0 1,650
Center Planning and
Design.
Michigan
Army NG Camo Grayling National Guard Readiness 16,000 16,000
Center.
Minnesota
Army NG New Ulm National Guard Readiness 17,000 17,000
Center.
Nevada
Army NG Reno National Guard Readiness 18,000 18,000
Center Add/Alt.
New York
Army NG Troy National Guard Vehicle 17,000 17,000
Maintenance Shop.
North Carolina
Army NG Mcleansville National Guard Vehicle 15,000 15,000
Maintenance Shop.
Puerto Rico
Army NG Camp Santiago Engineering/Housing 14,500 14,500
Maintenance Shops (DPW).
Vermont
Army NG Bennington National Guard Readiness 14,800 14,800
Center.
West Virginia
Army NG Buckhannon National Guard Readiness 14,000 14,000
Center Add/Alt.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design....... 28,245 28,245
Locations
Army NG Unspecified Worldwide Unspecified Minor 35,933 35,933
Locations Construction.
Army NG Unspecified Worldwide Unspecified Minor 0 4,346
Locations Construction.
Army NG Various Worldwide Cost to Complete- 0 138,600
Locations Inflation Adjustment.
Wyoming
Army NG Sheridan National Guard Vehicle 14,800 14,800
Maintenance Shop.
........................
Military Construction, Army National Guard Total 297,278 468,989
......................
Florida
Army Res Perrine Army Reserve Center/AMSA.. 46,000 46,000
Puerto Rico
Army Res Fort Buchanan Army Reserve Center....... 24,000 24,000
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design....... 9,829 9,829
Locations
Army Res Unspecified Worldwide Unspecified Minor 20,049 20,049
Locations Construction.
Army Res Various Worldwide Cost to Complete- 0 37,300
Locations Inflation Adjustment.
........................
Military Construction, Army Reserve Total 99,878 137,178
......................
Worldwide Unspecified
N/MC Res Unspecified Worldwide MCNR Unspecified Minor 27,747 18,747
Locations Construction.
N/MC Res Unspecified Worldwide USMCR Planning and Design. 2,590 2,590
Locations
N/MC Res Various Worldwide Cost to Complete- 0 19,500
Locations Inflation Adjustment.
........................
Military Construction, Naval Reserve Total 30,337 40,837
......................
Alabama
Air NG Birmingham Security and Services 7,500 7,500
International Airport Training Facility.
Air NG Montgomery F-35 Weapons Load Crew 0 6,800
Training Facility.
Arizona
Air NG Morris Air National Base Entry Complex........ 12,000
Guard Base
Air NG Tucson International Land Acquisition.......... 10,000 10,000
Airport
Florida
Air NG Jacksonville Air F-35 Construct Munitions 0 730
National Guard Base Storage Area Admin-
Jacksonville IAP Design.
Air NG Jacksonville Air F-35 Munitions Maintenance 0 530
National Guard Base and Inspection Facility
Design.
Air NG Jacksonville F-35 Construct Flight 22,200 22,200
International Airport Simulator Facility.
Indiana
Air NG Fort Wayne Munitions Maintenance & 12,800 12,800
International Airport Storage Complex.
Tennessee
Air NG McGhee-Tyson Airport KC-135 Maintenance Shops.. 23,800 23,800
Worldwide Unspecified
Air NG Unspecified Worldwide Planning and Design....... 28,412 28,412
Locations
Air NG Unspecified Worldwide Unspecified Minor 44,171 44,171
Locations Construction.
Air NG Various Worldwide Cost to Complete- 0 122,900
Locations Inflation Adjustment.
........................
Military Construction, Air National Guard Total 148,883 291,843
......................
California
AF Res Beale Air Force Base 940 ARW Squad OPS/AMU..... 33,000 33,000
Virginia
AF Res Joint Base Langley- Reserve Intelligence Group 0 10,500
Eustis Facility.
Worldwide Unspecified
AF Res Unspecified Worldwide Planning & Design......... 11,773 11,773
Locations
AF Res Unspecified Worldwide Unspecified Minor Military 11,850 11,850
Locations Construction.
AF Res Various Worldwide Cost to Complete- 0 46,600
Locations Inflation Adjustment.
........................
Military Construction, Air Force Reserve Total 56,623 113,723
......................
Germany
FH Con Army Baumholder Family Housing Replacement 57,000 57,000
Construction.
Italy
FH Con Army Vicenza Family Housing New 95,000 95,000
Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Family Housing P & D...... 17,339 17,339
Locations
........................
Family Housing Construction, Army Total 169,339 169,339
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings............... 22,911 22,911
Locations
FH Ops Army Unspecified Worldwide Housing Privatization 65,740 65,740
Locations Support.
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 45,718
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 436,411 436,411
......................
Guam
FH Con Navy Joint Region Marianas Replace Andersen Housing 68,985 68,985
Ph VI.
Mariana Islands
FH Con Navy Guam Replace Andersen Housing 86,390 86,390
Ph IV.
FH Con Navy Guam Replace Andersen Housing 93,259 93,259
Ph V.
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Design, Washington DC..... 7,043 7,043
Locations
FH Con Navy Unspecified Worldwide Improvements, USMC HQ 74,540 74,540
Locations Washington DC.
FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning 7,080 7,080
Locations and Design.
........................
Family Housing Construction, Navy And Marine Corps Total 337,297 337,297
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings............... 16,182 16,182
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 61,605 61,605
Locations Support.
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 59,312
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 368,224 368,224
......................
Delaware
FH Con AF Dover AFB Dover MHPI Restructure.... 25,492 25,492
Florida
FH Con AF Tyndall AFB AETC Restructuring........ 150,685 150,685
Illinois
FH Con AF Scott AFB Scott MHPI Restructure.... 52,003 52,003
Maryland
FH Con AF Andrews AFB MHPI Equity Contribution 1,878 1,878
CMSSF House.
Worldwide Unspecified
FH Con AF Unspecified Worldwide Planning & Design......... 2,730 2,730
Locations
........................
Family Housing Construction, Air Force Total 232,788 232,788
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings............... 27,379 27,379
Locations
FH Ops AF Unspecified Worldwide Housing Privatization..... 33,517 33,517
Locations
FH Ops AF Unspecified Worldwide Leasing................... 7,882 7,882
Locations
FH Ops AF Unspecified Worldwide Maintenance............... 150,375 150,375
Locations
FH Ops AF Unspecified Worldwide Management................ 77,042 77,042
Locations
FH Ops AF Unspecified Worldwide Miscellaneous............. 2,240 2,240
Locations
FH Ops AF Unspecified Worldwide Services.................. 10,570 10,570
Locations
FH Ops AF Unspecified Worldwide Utilities................. 46,217 46,217
Locations
........................
Family Housing Operation And Maintenance, Air Force Total 355,222 355,222
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings--DIA.......... 656 656
Locations
FH Ops DW Unspecified Worldwide Furnishings--NSA.......... 87 87
Locations
FH Ops DW Unspecified Worldwide Leasing--DIA.............. 31,849 31,849
Locations
FH Ops DW Unspecified Worldwide Leasing--NSA.............. 13,306 13,306
Locations
FH Ops DW Unspecified Worldwide Maintenance--NSA.......... 34 34
Locations
FH Ops DW Unspecified Worldwide Utilities--DIA............ 4,166 4,166
Locations
FH Ops DW Unspecified Worldwide Utilities--NSA............ 15 15
Locations
........................
Family Housing Operation And Maintenance, Defense-Wide Total 50,113 50,113
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 6,442 6,442
Locations FHIF.
........................
DOD Family Housing Improvement Fund Total 6,442 6,442
......................
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 494 494
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 494 494
......................
Worldwide Unspecified
BRAC Base Realignment & Base Realignment and 67,706 117,706
Closure, Army Closure.
........................
Base Realignment and Closure--Army Total 67,706 117,706
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Base Realignment & Closure 106,664 156,664
Locations
........................
Base Realignment and Closure--Navy Total 106,664 156,664
......................
Worldwide Unspecified
BRAC Unspecified Worldwide DOD BRAC Activities--Air 107,311 107,311
Locations Force.
........................
Base Realignment and Closure--Air Force Total 107,311 107,311
......................
Worldwide Unspecified
BRAC 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 16,468,588
----------------------------------------------------------------------------------------------------------------
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 House
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 17,210,798
Defense nuclear nonproliferation.... 2,346,257 2,348,257
Naval reactors...................... 2,081,445 2,081,445
Federal salaries and expenses....... 496,400 496,400
Total, National Nuclear Security 21,410,400 22,136,900
Administration...........................
Environmental and other defense
activities:
Defense environmental cleanup....... 6,914,532 7,229,203
Other defense activities............ 978,351 978,351
Total, Environmental & other defense 7,892,883 8,207,554
activities...............................
Total, Atomic Energy Defense Activities... 29,303,283 30,344,454
Total, Discretionary Funding.............. 29,459,883 30,501,054
Nuclear Energy
Idaho sitewide safeguards and security.... 156,600 156,600
Total, Nuclear Energy..................... 156,600 156,600
Stockpile Management
Stockpile Major Modernization
B61-12 Life Extension Program......... 672,019 672,019
W88 Alteration Program................ 162,057 162,057
W80-4 Life Extension Program.......... 1,122,451 1,117,451
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 Program........................... 240,509 240,509
Total, Stockpile Major Modernization...... 2,877,163 2,892,163
Stockpile services
Stockpile Sustainment............... 1,321,139 1,321,139
Weapons Dismantlement and 50,966 50,966
Disposition........................
Production Operations............... 630,894 630,894
Nuclear Enterprise Assurance........ 48,911 48,911
Subtotal, Stockpile Services.............. 2,051,910 2,051,910
Total, Stockpile Management............... 4,929,073 4,944,073
Weapons Activities
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations... 767,412 767,412
21-D-512 Plutonium Pit Production 588,234 588,234
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 Metallurgy 162,012 162,012
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 Plutonium 700,000 1,075,000
Processing Facility, SRS.........
NNSA unfunded priority.......... [375,000]
Subtotal, Savannah River Plutonium 758,300 1,133,300
Modernization............................
Enterprise Plutonium Support........ 88,993 88,993
Total, Plutonium Modernization............ 2,419,712 2,794,712
High Explosives and Energetics
High Explosives & Energetics...... 101,380 101,380
HESE OPCs......................... 0 0
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 & Engineering 20,000 30,000
Facility, PX.....................
Project risk reduction.......... [10,000]
Total, High Explosives and Energetics..... 248,380 283,380
Total, Primary Capability Modernization... 2,668,092 3,078,092
Secondary Capability Modernization
Uranium Modernization................. 297,531 297,531
Depleted Uranium Modernization........ 170,171 170,171
Lithium Modernization................. 68,661 68,661
18-D-690 Lithium Processing Facility, 216,886 216,886
Y-12.................................
06-D-141 Uranium Processing Facility, 362,000 362,000
Y-12.................................
Total, Secondary Capability Modernization. 1,115,249 1,115,249
Tritium and Domestic Uranium Enrichment
Tritium Sustainment and Modernization. 361,797 361,797
Domestic Uranium Enrichment........... 144,852 144,852
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 5,050,594
Stockpile Research, Technology, and
Engineering
Assessment Science...................... 854,798 914,798
Enhanced Capability for Subcritical [70,000]
Experiments (ECSE) and Hydrodynamic
and Subcritical Experiment Execution
Support..............................
Program decrease...................... [-10,000]
Engineering and Integrated Assessments.. 366,455 366,455
Inertial Confinement Fusion............. 544,095 624,095
Advanced Simulation and Computing....... 742,646 842,146
Weapon Technology and Manufacturing 286,165 296,165
Maturation.............................
Academic Programs....................... 100,499 100,499
Total, Stockpile Research, Technology, and 2,894,658 3,144,158
Engineering..............................
Infrastructure and Operations
Operations of facilities................ 1,038,000 1,038,000
Safety and environmental operations..... 162,000 162,000
Maintenance and repair of facilities.... 680,000 730,000
Deferred maintenance.................. [50,000]
Recapitalization:
Infrastructure and safety............. 561,663 561,663
Total, Recapitalization................... 561,663 561,663
Construction:
23-D-519 Special Materials Facility, Y- 49,500 49,500
12...................................
23-D-518 Plutonium Modernization 48,500 48,500
Operations & Waste Management Office
Building, LANL.......................
23-D-517 Electrical Power Capacity 24,000 24,000
Upgrade, LANL........................
22-D-514 Digital Infrastructure 67,300 67,300
Capability Expansion, LLNL...........
Total, Construction....................... 189,300 189,300
Total, Infrastructure and operations...... 2,630,963 2,680,963
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:........................... 0
17-D-710 West end protected area 3,928 3,928
reduction project, Y-12..............
Total, Defense nuclear security........... 882,291 882,291
Information technology and cybersecurity.. 445,654 445,654
Legacy contractor pensions................ 114,632 114,632
Use of Prior Year Balances................ -396,004 -396,004
Total, Weapons Activities................. 16,486,298 17,210,798
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Global material security
International nuclear security........ 81,155 83,155
NA-82 Counterproliferation [2,000]
classified program increase........
Radiological security................. 244,827 244,827
Nuclear smuggling detection and 178,095 188,095
deterrence...........................
Total, Global material security........... 504,077 516,077
Material management and minimization
Conversion............................ 153,260 153,260
Nuclear material removal.............. 41,600 41,600
Material disposition.................. 256,025 256,025
Total, Material management & minimization. 450,885 450,885
Nonproliferation and arms control....... 207,656 207,656
Defense nuclear nonproliferation R&D
Proliferation Detection............... 287,283 287,283
Nuclear Detonation Detection.......... 279,205 289,205
Forensics R&D......................... 44,414 44,414
Nonproliferation Stewardship Program.. 109,343 109,343
Total, Defense nuclear nonproliferation 720,245 730,245
R&D......................................
NNSA Bioassurance Program............... 20,000 0
Nonproliferation Construction:
18-D-150 Surplus Plutonium Disposition 71,764 71,764
Project, SRS.........................
Total, Nonproliferation construction...... 71,764 71,764
Total, Defense Nuclear Nonproliferation 1,974,627 1,976,627
Programs.................................
Legacy contractor pensions................ 55,708 55,708
Nuclear counterterrorism and incident 438,970 438,970
response program.........................
Use of prior-year balances................ -123,048 -123,048
Total, Defense Nuclear Nonproliferation... 2,346,257 2,348,257
Naval Reactors
Naval reactors development................ 798,590 798,590
Columbia-Class reactor systems development 53,900 53,900
S8G Prototype refueling................... 20,000 20,000
Naval reactors operations and 695,165 695,165
infrastructure...........................
Construction:
23-D-533 BL Component Test Complex...... 57,420 57,420
14-D-901 Spent Fuel Handling 397,845 397,845
Recapitalization Project, NRF..........
Total, Construction....................... 455,265 455,265
Program direction......................... 58,525 58,525
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, Office Of The Administrator........ 496,400 496,400
Defense Environmental Cleanup
Closure sites:
Closure sites administration............ 4,067 4,067
Richland:
River corridor and other cleanup 135,000 221,000
operations.............................
Central plateau remediation............. 650,240 672,240
Richland community and regulatory 10,013 10,013
support................................
Construction:
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, Construction....................... 22,350 22,350
Total, Hanford site....................... 817,603 925,603
Office of River Protection:
Waste Treatment Immobilization Plant 462,700 462,700
Commissioning..........................
Rad liquid tank waste stabilization and 801,100 801,100
disposition............................
Construction:
23-D-403, Hanford 200 West Area Tank 4,408 45,000
Farms Risk Management Project........
01-D-16D High-Level Waste Facility.... 316,200 358,939
01-D-16E Pretreatment Facility........ 20,000 20,000
Total, Construction....................... 340,608 423,939
Total, Office of River Protection......... 1,604,408 1,687,739
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 Additional ICDF Landfill 8,000 8,000
Disposal Cell and Evaporation Ponds
Project............................
23-D-402--Calcine Construction...... 10,000 10,000
Total, 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 12,004
Nuclear facility D & D
Separations Process Research Unit..... 15,300 15,300
Nevada Site........................... 62,652 62,652
Sandia National Laboratories.......... 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.... 422,636 422,636
Oak Ridge Reservation:
OR Nuclear facility D & D............... 334,221 334,221
Total, OR Nuclear facility D & D.......... 334,221 334,221
U233 Disposition Program................ 47,628 47,628
OR cleanup and disposition.............. 62,000 62,000
Construction:
17-D-401 On-site waste disposal 35,000 35,000
facility...........................
Total, Construction....................... 35,000 35,000
Total, OR cleanup and waste disposition... 144,628 144,628
OR community & regulatory support....... 5,300 5,300
OR technology development and deployment 3,000 3,000
Total, Oak Ridge Reservation.............. 487,149 487,149
Savannah River Sites:
Savannah River risk management 416,317 460,317
operations.............................
Construction:
18-D-402 Emergency Operations Center 25,568 25,568
Replacement, SR....................
19-D-701 SR Security Systems 5,000 5,000
Replacement........................
Total, risk management operations......... 30,568 30,568
Savannah River Legacy Pensions.......... 132,294 132,294
Savannah River National Laboratory O&M.. 41,000 41,000
SR community and regulatory support..... 12,137 12,137
Radioactive liquid tank waste 851,660 931,000
stabilization and disposition..........
Construction:
20-D-401 Saltstone Disposal Unit 37,668 37,668
#10, 11, 12........................
18-D-402 Saltstone disposal unit #8/ 49,832 49,832
9..................................
Total, Construction....................... 87,500 87,500
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
Total, Construction....................... 84,073 84,073
Total, Waste Isolation Pilot Plant........ 456,016 456,016
Program Direction......................... 317,002 317,002
Program Support........................... 103,239 103,239
Safeguards and Security................... 309,573 309,573
Technology Development and Deployment..... 25,000 25,000
Federal Contribution to the Uranium 417,000 417,000
Enrichment D&D Fund......................
Total, Defense Environmental Cleanup...... 6,914,532 7,229,203
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security 138,854 138,854
Program direction....................... 76,685 76,685
Total, Environment, Health, safety and 215,539 215,539
security.................................
Independent enterprise assessments
Independent enterprise assessments...... 27,486 27,486
Program direction....................... 57,941 57,941
Total, Independent enterprise assessments. 85,427 85,427
Specialized security activities........... 306,067 306,067
Office of Legacy Management
Legacy management....................... 174,163 174,163
Program direction....................... 21,983 21,983
Total, Office of 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
Total, Other Defense Activities........... 978,351 978,351
------------------------------------------------------------------------
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI--VETERANS AFFAIRS MATTERS
SEC. 5101. MAXIMUM RATE OF INTEREST ON DEBTS INCURRED BEFORE MILITARY
SERVICE APPLICABLE TO MILITARY DEPENDENTS.
Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. 3937)
is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or the
servicemember and the servicemember's spouse jointly''
and inserting ``a dependent of the servicemember, or
such a dependent and the servicemember jointly''; and
(B) in paragraph (3), by inserting ``or a dependent
of the servicemember'' after ``due from a
servicemember''; and
(2) in subsection (b)(1)--
(A) in the paragraph heading, by inserting ``and
dependency'' after ``military service'';
(B) in subparagraph (A)--
(i) by striking ``of the servicemember'';
(ii) by striking clause (i) and inserting
the following:
``(i) military orders indicating the
current, future, or past military duty status
of the servicemember; or''; and
(iii) in clause (ii), by inserting ``or a
certificate from the Defense Manpower Data
Center'' before the period at the end;
(C) by redesignating subparagraph (B) as
subparagraph (C); and
(D) by inserting the following after subparagraph
(A):
``(B) Dependents.--In addition to providing proof
of military service under subparagraph (A), dependents
of servicemembers shall provide documentation that
indicates the dependency status of the dependent at the
time the debt or obligation was incurred and continuing
until the servicemember entered military service. Such
documentation may include a marriage certificate, birth
certificate, or any other appropriate indicator of
dependency status.''; and
(3) in subsection (c), by inserting ``, dependent, or both,
as the case may be,'' after ``ability of the servicemember''.
SEC. 5102. 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 how the procedures outlined in M21-1
III.ii.2.F.1. of the Adjudication Procedures Manual of the Department
of Veterans Affairs are followed in assisting veterans obtain or
reconstruct service records and medical information damaged or
destroyed in the July 1973 fire at the National Processing Records
Center.
(b) Elements.--The report under subsection (a) shall include the
following elements:
(1) The determination of the Inspector General whether
employees of the Department of Veterans Affairs receive
sufficient training on such procedures.
(2) The determination of the Inspector General 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 time it takes to resolve an issue using
such procedures.
(5) Recommendations to improve the implementation of such
procedures.
SEC. 5103. SENSE OF CONGRESS REGARDING WOMEN WHO SERVED AS CADET NURSES
DURING WORLD WAR II.
(a) Findings.--Congress makes the following findings:
(1) In June of 1943, Congress enacted the Bolton Act,
establishing the United States Cadet Nurse Corps as a uniformed
service of the Public Health Administration. Through the Corps,
women received free, expedited nursing education in exchange
for ``service in essential nursing for the duration of the
war''.
(2) During World War II, the Nation faced a severe shortage
of qualified nurses, threatening the ability of the United
States to meet domestic and military medical needs.
(3) In total, 124,065 women graduated from training under
the Cadet Nurse program, going on to serve in military
hospitals, Veterans Administration hospitals, Marine hospitals,
private hospitals, public health agencies, and public hospitals
until the program ended in 1948.
(4) In 1944, the Federal Security Agency identified
``national recognition for rendering a vital war service'' as a
privilege of service in the Corps.
(5) By 1945, Cadet Nurses accounted for 80 percent of the
domestic nursing workforce.
(6) The Cadet Nurse Corps has been credited with preventing
the collapse of the domestic nursing workforce.
(b) Sense of Congress.--It is the sense of Congress that women who
served in the Cadet Nurse Corps honorably stepped up for their country
during its time of need in World War II, significantly contributing to
the war effort and the safety and security of the Nation.
(c) Expression of Gratitude.--Congress hereby expresses deep
gratitude for the women who answered the call to duty and served in the
Cadet Nurse Corps.
SEC. 5104. SENSE OF CONGRESS REGARDING KOREAN AND KOREAN-AMERICAN
VIETNAM WAR VETERANS.
(a) Findings.--Congress finds the following:
(1) Korean and Korean-American Vietnam War veterans served
honorably throughout the conflict, fighting valiantly both in
and alongside the United States Armed Forces, often making the
ultimate sacrifice, with many later becoming United States
citizens.
(2) Military cooperation in the Vietnam War is one of
several examples that demonstrate the robust alliance of the
United States and Republic of Korea, under shared commitment to
democratic principles.
(3) During the Vietnam conflict, more than 3,000,000
members of the United States Armed Forces fought bravely to
preserve and defend these ideals, among them many Korean
Americans who earned citations for their heroism and honorable
service.
(4) The Republic of Korea joined the Vietnam conflict to
support the United States Armed Forces and the cause of freedom
at the request of the United States.
(5) From 1964 until the last soldier left Saigon on March
23, 1973, 325,517 members of the Republic of Korea's Armed
Forces served in Vietnam, the largest contribution of troops
sent by an ally of the United States.
(6) Republic of Korea forces fought bravely throughout the
theater and were known for their dedication, tenacity, and
effectiveness on the battlefield.
(7) More than 17,000 Korean soldiers were injured, and over
4,400 Korean soldiers made the ultimate sacrifice in defense of
United States friends and allies.
(8) There are approximately 3,000 naturalized Korean
Americans who served in the Vietnam War currently living in the
United States, many of whom suffer from significant injuries
due to their service in Vietnam, including post-traumatic
stress disorder, total disability, and the effects of the toxic
defoliant Agent Orange.
(9) Korean-American veterans of the Vietnam conflict upheld
the highest ideals of the United States through their dedicated
service and considerable sacrifices, with many continuing to
carry the visible and invisible wounds of war to this day.
(b) Sense of Congress.--It is the sense of Congress that Korean and
Korean-American Vietnam War veterans who served alongside the United
States Armed Forces in the Vietnam conflict fought with honor and
valor.
SEC. 5105. USE OF VETERANS WITH MEDICAL OCCUPATIONS IN RESPONSE TO
NATIONAL EMERGENCIES.
(a) Update of Web Portal to Identify Veterans Who Had Medical
Occupations as Members of the Armed Forces.--
(1) In general.--The Secretary shall update existing web
portals of the Department to allow the identification of
veterans who had a medical occupation as a member of the Armed
Forces.
(2) Information in portal.--
(A) In general.--An update to a portal under
paragraph (1) shall allow a veteran to elect to provide
the following information:
(i) Contact information for the veteran.
(ii) A history of the medical experience
and trained competencies of the veteran.
(B) Inclusions in history.--To the extent
practicable, histories provided under subparagraph
(A)(ii) shall include individual critical task lists
specific to military occupational specialties that
align with existing standard occupational codes
maintained by the Bureau of Labor Statistics.
(b) Program on Provision to States of Information on Veterans With
Medical Skills Obtained During Service in the Armed Forces.--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, in coordination with the Secretary of
Defense and the Secretary of Labor, shall establish a program to share
information specified in section 3(b) with the following:
(1) State departments of veterans affairs.
(2) Veterans service organizations.
(3) State credentialing bodies.
(4) State homes.
(5) Other stakeholders involved in State-level
credentialing, as determined appropriate by the Secretary.
(c) Program on Training of Intermediate Care Technicians of
Department of Veterans Affairs.--
(1) Establishment.--The Secretary shall implement a program
to train covered veterans to work as intermediate care
technicians of the Department.
(2) Locations.--The Secretary may place an intermediate
care technician trained under the program under paragraph (1)
at any medical center of the Department, giving priority to a
location 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 shall prepare a communications campaign to convey
opportunities for training, certification, and employment under
the program under paragraph (1) to appropriate members of the
Armed Forces separating from active duty.
(4) Report on expansion of program.--Not later than 180
days after the date of the enactment of this Act, the Secretary
shall submit to Congress a report on whether the program under
this section could be replicated for other medical positions
within the Department.
(5) Covered veteran defined.--In this subsection, the term
``covered veteran'' means a veteran whom the Secretary
determines served as a basic health care technician while
serving in the Armed Forces.
(d) Notification of Opportunities for Veterans.--The Secretary
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.
(e) Definitions.--In this section:
(1) Department; secretary; veteran.--The terms
``Department'', ``Secretary'', ``State home'', and ``veteran''
have the meanings given those terms in section 101 of title 38,
United States Code.
(2) Veterans service organization.--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.
SEC. 5106. PILOT PROGRAM TO EMPLOY VETERANS IN POSITIONS RELATING TO
CONSERVATION AND RESOURCE MANAGEMENT ACTIVITIES.
(a) Establishment.--The Secretary of Veterans Affairs and the
Secretaries concerned shall jointly establish a pilot program under
which veterans are employed by the Federal Government in positions that
relate to the conservation and resource management activities of the
Department of the Interior and the Department of Agriculture.
(b) Administration.--The Secretary of Veterans Affairs shall
administer the pilot program under subsection (a).
(c) Positions.--The Secretaries concerned shall--
(1) identify vacant positions in the respective Departments
of the Secretaries that are appropriate to fill using the pilot
program under subsection (a); and
(2) to the extent practicable, fill such positions using
the pilot program.
(d) Application of Civil Service Laws.--A veteran employed under
the pilot program under subsection (a) shall be treated as an employee
as defined in section 2105 of title 5, United States Code.
(e) Best Practices for Other Departments.--The Secretary of
Veterans Affairs shall establish guidelines containing best practices
for departments and agencies of the Federal Government that carry out
programs to employ veterans who are transitioning from service in the
Armed Forces. Such guidelines shall include--
(1) lessons learned under the Warrior Training Advancement
Course of the Department of Veterans Affairs; and
(2) methods to realize cost savings based on such lessons
learned.
(f) Partnership.--The Secretary of Veterans Affairs, the
Secretaries concerned, and the Secretary of Defense may enter into a
partnership to include the pilot program under subsection (a) as part
of the Skillbridge program under section 1143 of title 10, United
States Code.
(g) Reports.--
(1) Initial report.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs
and the Secretaries concerned shall jointly submit to the
appropriate congressional committees a report on the pilot
program under subsection (a), including a description of how
the pilot program will be carried out in a manner to reduce the
unemployment of veterans.
(2) Implementation.--Not later than one year after the date
on which the pilot program under subsection (a) commences, the
Secretary of Veterans Affairs and the Secretaries concerned
shall jointly submit to the appropriate congressional
committees a report on the implementation of the pilot program.
(3) Final report.--Not later than one year after the date
on which the pilot program under subsection (a) is completed,
the Secretary of Veterans Affairs and the Secretaries concerned
shall jointly submit to the appropriate congressional
committees a report on the pilot program that includes the
following:
(A) The number of veterans who applied to
participate in the pilot program.
(B) The number of such veterans employed under the
pilot program.
(C) The number of veterans identified in
subparagraph (B) who transitioned to full-time
positions with the Federal Government after
participating in the pilot program.
(D) Any other information the Secretaries determine
appropriate with respect to measuring the effectiveness
of the pilot program.
(h) Duration.--The authority to carry out the pilot program under
subsection (a) shall terminate on the date that is two years after the
date on which the pilot program commences.
(i) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Veterans' Affairs, the
Committee on Agriculture, and the Committee on Natural
Resources of the House of Representatives; and
(B) the Committee on Veterans' Affairs, the
Committee on Agriculture, Nutrition, and Forestry, and
the Committee on Energy and Natural Resources of the
Senate.
(2) The term ``resource management'' means approved
conservation practices which, when properly planned and
applied, work in tandem to provide environmental conservation
and protection for soil, water, air, plant, and animal
resources.
(3) The term ``Secretary concerned'' means--
(A) the Secretary of Agriculture with respect to
matters regarding the National Forest System and the
Department of Agriculture; and
(B) the Secretary of the Interior with respect to
matters regarding the National Park System and the
Department of the Interior.
SEC. 5107. ELIMINATION OF ASSET AND INFRASTRUCTURE REVIEW COMMISSION OF
DEPARTMENT OF VETERANS AFFAIRS.
The VA Asset and Infrastructure Review Act of 2018 (subtitle A of
title II of Public Law 115-182; 38 U.S.C. 8122 note) is amended by
striking each section other than sections 204(b) and 207.
SEC. 5108. ELIGIBILITY REQUIREMENTS FOR REIMBURSEMENT FOR EMERGENCY
TREATMENT FURNISHED TO VETERANS.
(a) Eligibility Requirements.--Section 1725(b)(2)(B) of title 38,
United States Code, is amended by inserting ``, unless such emergency
treatment was furnished during the 60-day period following the date on
which the veteran enrolled in the health care system specified in
subparagraph (A), in which case no requirement for prior receipt of
care shall apply'' before the period.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to emergency treatment furnished on or after the
date that is one year after the date of the enactment of this Act.
SEC. 5109. IMPROVING PROCESSING BY THE DEPARTMENT OF VETERANS AFFAIRS
OF DISABILITY CLAIMS FOR POST-TRAUMATIC STRESS DISORDER.
(a) Training for Claims Processors Who Handle Claims Relating to
Post-traumatic Stress Disorder.--
(1) Update training programs.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs (in this section referred to as the
``Secretary'') shall, acting through the Under Secretary for
Benefits (in this section referred to as the ``Under
Secretary''), update an ongoing, national training program for
claims processors who review claims for compensation for
service-connected post-traumatic stress disorder.
(2) Participation required.--Beginning on the date that is
180 days after the date of the enactment of this Act, the
Secretary shall require that each claims processor described in
paragraph (1) participates in the training established under
paragraph (1) at least once each year beginning in the second
year in which the claims processor carries out the duties of
the claims processor for the Department.
(3) Required elements.--The training established under
paragraph (1) shall include instruction on stressor development
and verification.
(b) Standardization of Training at Regional Offices.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary, acting through the Under Secretary, shall standardize the
training provided at regional offices of the Veterans Benefits
Administration to the employees of such regional offices.
(c) Formal Process for Conduct of Annual Analysis of Trends.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary, acting through the Under Secretary, shall establish a formal
process to analyze, on an annual basis, training needs based on
identified processing error trends.
(d) Formal Process for Conduct of Annual Studies.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, acting through the
Under Secretary, shall establish a formal process to conduct,
on an annual basis, studies to help guide the national training
program established under subsection (a)(1).
(2) Elements.--Each study conducted under paragraph (1)
shall cover the following:
(A) Military post-traumatic stress disorder
stressors.
(B) Decision-making claims for claims processors.
(e) Annual Updates to Post-traumatic Stress Disorder Procedural
Guidance.--Not later than 180 days after the date of the enactment of
this Act and not less frequently than once each year thereafter, the
Secretary, acting through the Under Secretary, shall evaluate the
guidance relating to post-traumatic stress disorder to determine if
updates are warranted to provide claims processors of the Department
with better resources regarding best practices for claims processing,
including specific guidance regarding development of claims involving
compensation for service-connected post-traumatic stress disorder.
SEC. 5110. REGISTRY OF INDIVIDUALS EXPOSED TO PER- AND POLYFLUOROALKYL
SUBSTANCES ON MILITARY INSTALLATIONS.
(a) Establishment of Registry.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall--
(A) establish and maintain a registry for eligible
individuals who may have been exposed to per- and
polyfluoroalkyl substances (in this section referred to
as ``PFAS'') due to the environmental release of
aqueous film-forming foam (in this section referred to
as ``AFFF'') on military installations to meet the
requirements of military specification MIL-F-24385F;
(B) include any information in such registry that
the Secretary of Veterans Affairs determines necessary
to ascertain and monitor the health effects of the
exposure of members of the Armed Forces to PFAS
associated with AFFF;
(C) develop a public information campaign to inform
eligible individuals about the registry, including how
to register and the benefits of registering; and
(D) periodically notify eligible individuals of
significant developments in the study and treatment of
conditions associated with exposure to PFAS.
(2) Coordination.--The Secretary of Veterans Affairs shall
coordinate with the Secretary of Defense in carrying out
paragraph (1).
(b) Reports.--
(1) Initial report.--Not later than two years after the
date on which the registry under subsection (a) is established,
the Secretary of Veterans Affairs shall submit to Congress an
initial report containing the following:
(A) An assessment of the effectiveness of actions
taken by the Secretary of Veterans Affairs and the
Secretary of Defense to collect and maintain
information on the health effects of exposure to PFAS.
(B) Recommendations to improve the collection and
maintenance of such information.
(C) Using established and previously published
epidemiological studies, recommendations regarding the
most effective and prudent means of addressing the
medical needs of eligible individuals with respect to
exposure to PFAS.
(2) Follow-up report.--Not later than five years after
submitting the initial report under paragraph (1), the
Secretary of Veterans Affairs shall submit to Congress a
follow-up report containing the following:
(A) An update to the initial report submitted under
paragraph (1).
(B) An assessment of whether and to what degree the
content of the registry established under subsection
(a) is current and scientifically up-to-date.
(3) Independent scientific organization.--The Secretary of
Veterans Affairs shall enter into an agreement with an
independent scientific organization to prepare the reports
under paragraphs (1) and (2).
(c) Recommendations for Additional Exposures to Be Included.--Not
later than five years after the date of the enactment of this Act, and
every five years thereafter, the Secretary of Veterans Affairs, in
consultation with the Secretary of Defense and the Administrator of the
Environmental Protection Agency, shall submit to Congress
recommendations for additional chemicals with respect to which
individuals exposed to such chemicals should be included in the
registry established under subsection (a).
(d) Eligible Individual Defined.--In this section, the term
``eligible individual'' means any individual who, on or after a date
specified by the Secretary of Veterans Affairs through regulations,
served or is serving in the Armed Forces at a military installation
where AFFF was used or at another location of the Department of Defense
where AFFF was used.
SEC. 5111. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE ON UNITED
STATES OUTLYING AREAS AND FREELY ASSOCIATED STATES.
(a) Establishment of Advisory Committee.--
(1) In general.--Subchapter III of chapter 5 of title 38,
United States Code, is amended by adding at the end the
following new section:
``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 can 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 other
departments and agencies of the Federal Government 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).
``(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 2-year
term.
``(2) Not later than 180 days after receiving notice of a vacancy
in the Committee, the Secretary shall fill the vacancy 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
departments and agencies of the Federal Government 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) shall 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 2 years,
the Committee shall submit to the Secretary and the appropriate
committees of Congress 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 committees of Congress 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);
``(B) each written response the Secretary submits under
paragraph (2); and
``(C) each report the Secretary receives under paragraph
(3).
``(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 committees of Congress' 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.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 547 the following new item:
``548. Advisory Committee on United States Outlying Areas and Freely
Associated States.''.
(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)(1) 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 Secretary shall appoint the
members of such advisory committee.
(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.
SEC. 5112. REPORT ON BARRIERS TO VETERAN PARTICIPATION IN FEDERAL
HOUSING PROGRAMS.
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, shall submit to Congress a
report on the barriers veterans experience related to receiving
benefits under Federal housing programs, including barriers faced by
veterans based on their membership in one or more protected classes
under the Fair Housing Act (42 U.S.C. 3601 et seq.), being part of a
multi-generational household, and any other barriers as determined
appropriate by the Secretary.
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. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF THE NAMES
OF THE LOST CREW MEMBERS OF THE U.S.S. FRANK E. EVANS
KILLED ON JUNE 3, 1969.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Defense shall authorize the
inclusion on the Vietnam Veterans Memorial Wall in the District of
Columbia of the names of the 74 crew members of the U.S.S. Frank E.
Evans in service who were killed on June 3, 1969.
(b) Required Consultation.--The Secretary of Defense shall consult
with the Secretary of the Interior, the American Battlefield Monuments
Commission, and other applicable authorities with respect to any
adjustments to the nomenclature and placement of names pursuant to
subsection (a) to address any space limitations on the placement of
additional names on the Vietnam Veterans Memorial Wall.
(c) Nonapplicability of Commemorative Works Act.--Chapter 89 of
title 40, United States Code (commonly known as the ``Commemorative
Works Act''), shall not apply to any activities carried out under
subsection (a) or (b).
SEC. 5115. PROVISION OF HEALTH CARE BENEFITS FOR CERTAIN INDIVIDUALS
WHO SERVED IN THE ARMED FORCES OF THE REPUBLIC OF KOREA.
Section 109 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) Any person described in paragraph (2) shall be entitled to
hospital and domiciliary care and medical services within the United
States under chapter 17 of this title to the same extent as if the
service described in such paragraph had been performed in the Armed
Forces of the United States.
``(2) A person described in this paragraph is a person whom the
Secretary determines meets the following criteria:
``(A) The person served in Vietnam as a member of the armed
forces of the Republic of Korea at any time during the period
beginning on January 9, 1962, and ending on May 7, 1975, or
such other period as determined appropriate by the Secretary
for purposes of this subsection.
``(B) The person became a citizen of the United States on
or after the date on which such service in the armed forces of
the Republic of Korea ended.''.
SEC. 5116. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO MEMBERS AND
FORMER MEMBERS OF THE ARMED FORCES AFTER SEPARATION,
RETIREMENT, OR DISCHARGE.
(a) In General.--Commencing not later than 180 days after the date
of the enactment of this Act, the Secretary of Labor shall, in
coordination with the Secretary of Veterans Affairs, carry out a
program to award grants to eligible organizations for the provision of
assistance to covered individuals on the transition of a member or
former member of the Armed Forces from service in the Armed Forces to
civilian life.
(b) Covered Individuals.--For purposes of this section, a covered
individual is--
(1) a member of the Armed Forces who is eligible for
preseparation counseling under sections 1142 and 1144 of title
10, United States Code;
(2) a former member of the Armed Forces who is
transitioning from service in the Armed Forces to civilian
life; or
(3) a spouse of a member described in paragraph (1) or a
former member described in paragraph (2).
(c) Duration of Program.--The Secretary of Labor shall carry out
the program during the 5-year period beginning on the date of the
commencement of the program.
(d) Grants.--
(1) In general.--The Secretary of Labor shall carry out the
program through the award of grants to eligible organizations
for the provision of assistance described in subsection (a).
(2) Matching funds required.--A grant under this section
shall be in an amount that does not exceed 50 percent of the
amount required by the organization to provide the services
described in subsection (g).
(e) Eligible Organizations.--For purposes of this section, an
eligible organization is any nonprofit organization, including
workforce boards or Veterans Service Organizations, that the Secretary
of Labor determines, in consultation with the Secretary of Veterans
Affairs, is suitable for receipt of a grant under the program pursuant
to receipt by the Secretary of Labor of an application submitted under
subsection (f)(1).
(f) Selection of Grant Recipients.--
(1) Applications.--An organization seeking a grant under
the program shall submit to the Secretary of Labor an
application therefor at such time, in such manner, and
containing such information and assurances as the Secretary, in
consultation with the Secretary of Veterans Affairs, may
require.
(2) Priority for hubs of services.--In awarding grants
under the program, the Secretary of Labor shall give priority
to an organization that provides multiple forms of services
described in subsection (g).
(g) Use of Funds.--The recipient of a grant under the program shall
use the grant to coordinate for covered individuals the following:
(1) Career and training services, including the provision
of such services available through the workforce development
system.
(2) Mental health services.
(3) Legal assistance.
(4) Supportive services.
(5) Assistance with accessing benefits provided under laws
administered by the Secretary of Veterans Affairs.
(6) Non-clinical case management.
(7) Entrepreneurship training.
(8) Such other services that may be related to the
assistance and services set forth in this subsection as the
Secretary of Labor determines may lead directly to successful
transition to civilian life.
(h) Inclusion in Transition Assistance Program Counseling.--The
Secretary concerned shall include in the information provided to a
member of the Armed Forces during the Transition Assistance Program
information regarding any recipient of a grant under this section that
is located in the community in which that member will reside after
separation, retirement, or discharge from the Armed Forces.
(i) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
(j) Definitions.--In this section:
(1) Except as otherwise provided, any term used in this Act
that is defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) shall have the meaning given
to such term in such section.
(2) The term ``nonprofit organization'' is an organization
that is described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section 501(a)
of such Code.
(3) The term ``Secretary concerned'' has the meaning given
such term in section 101 of title 10, United States Code.
(4) The term ``Transition Assistance Program'' means the
Transition Assistance Program under sections 1142 and 1144 of
title 10, United States Code.
SEC. 5117. STUDY ON INCIDENCE AND MORTALITY OF CANCER AMONG FORMER
AIRCREW OF THE NAVY, AIR FORCE, AND MARINE CORPS.
(a) Study.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall seek to enter into
an agreement with the National Academies of Sciences, Engineering, and
Medicine under which the National Academies shall conduct a study of
the incidence and mortality of cancers among covered individuals.
(b) Matters Included.--The study under subsection (a) shall include
the following:
(1) Identification of chemicals, compounds, agents, and
other phenomena that cause elevated cancer incidence and
mortality risks among covered individuals, including a nexus
study design to determine whether there is a scientifically
established causal link between such a chemical, compound,
agent, or other phenomena and such cancer incidence or
mortality risk.
(2) An assessment of not fewer than 10 types of cancer that
are of the greatest concern with respect to exposure by covered
individuals to the chemicals, compounds, agents, and other
phenomena identified under paragraph (1), which may include
colon and rectum cancers, pancreatic cancer, melanoma skin
cancer, prostate cancer, testis cancer, urinary bladder cancer,
kidney cancer, brain cancer, thyroid cancer, lung cancer, and
non-Hodgkin lymphoma.
(3) A review of all available sources of relevant data,
including health care databases of the Department of Veterans
Affairs and the Department of Defense and the national death
index, and the study conducted under section 750 of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3716).
(c) Submission.--
(1) Study.--Upon completion of the study under subsection
(a), the National Academies shall submit to the Secretary of
Veterans Affairs, the Secretary of Defense, the Secretary of
the Navy, the Secretary of the Air Force, and the Committees on
Veterans' Affairs of the House of Representatives and the
Senate the study.
(2) Report.--Not later than December 31, 2025, the
Secretary of Veterans Affairs shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the
Senate a report on the study under subsection (a), including--
(A) the specific actions the Secretary is taking to
ensure that the study informs the evaluation of
disability claims made to the Secretary, including with
respect to providing guidance to claims examiners and
revising the schedule of ratings for disabilities under
chapter 11 of title 38, United States Code; and
(B) any recommendations of the Secretary.
(3) Form.--The report under paragraph (2) shall be
submitted in unclassified form.
(d) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who served in the regular or
reserve components of the Navy, Air Force, or Marine Corps, as an air
crew member of a fixed-wing aircraft or personnel supporting generation
of the aircraft, including pilots, navigators, weapons systems
operators, aircraft system operators, personnel associated with
aircraft maintenance, supply, logistics, fuels, or transportation, and
any other crew member who regularly flew in an aircraft or was required
to complete the mission of the aircraft.
SEC. 5118. FEASIBILITY STUDY ON INCLUSION ON THE VIETNAM VETERANS
MEMORIAL WALL OF THE NAMES OF THE LOST CREW MEMBERS OF
THE USS FRANK E. EVANS KILLED ON JUNE 3, 1969.
(a) In General.--The Secretary of Defense shall conduct a study to
determine the feasibility of including on the Vietnam Veterans Memorial
Wall in the District of Columbia the names of the 74 crew members of
the USS Frank E. Evans in service who were killed on June 3, 1969. Such
study shall include a determination of--
(1) the cost of including such names; and
(2) whether there is sufficient space on the Wall for the
inclusion of such names.
(b) Consultation.--In conducting the study required under
subsection, the Secretary shall consult with members of the Frank E.
Evans Association, as well as survivors and family members of the crew
members who were killed.
SEC. 5119. LIMITATION ON COPAYMENTS FOR CONTRACEPTION.
Section 1722A(a)(2) of title 38, United States Code, is amended--
(1) by striking ``to pay'' and all that follows through the
period and inserting ``to pay--''; and
(2) by adding at the end the following new subparagraphs:
``(A) an amount in excess of the cost to the
Secretary for medication described in paragraph (1); or
``(B) an amount for any contraceptive item for
which coverage under health insurance coverage is
required without the imposition of any cost-sharing
requirement pursuant to section 2713(a)(4) of the
Public Health Service Act (42 U.S.C. 300gg-
13(a)(4)).''.
SEC. 5120. REQUIREMENT FOR TIMELY SCHEDULING OF APPOINTMENTS AT MEDICAL
FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Requirement.--Chapter 17 of title 38, United States Code, is
amended--
(1) by redesignating section 1706A as section 1706B; and
(2) by inserting after section 1706 the following new
section:
``Sec. 1706A. Management of health care: timely scheduling of
appointments at Department facilities
``(a) Requirement for Scheduling.--In managing the provision of
hospital care and medical services at medical facilities of the
Department of Veterans Affairs under this chapter, the Secretary shall
ensure that whenever a covered veteran contacts the Department by
telephone to request the scheduling of an appointment for care or
services for the covered veteran at such a facility, the scheduling for
the appointment occurs during that telephone call (regardless of the
prospective date of the appointment being scheduled).
``(b) Covered Veteran Defined.--In this section, the term `covered
veteran' means a veteran who is enrolled in the system of patient
enrollment of the Department under section 1705(a) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item relating to section 1706A
and inserting the following new items:
``1706A. Management of health care: timely scheduling of appointments
at Department facilities.
``1706B. Remediation of medical service lines.''.
(c) Applicability.--The amendments made by subsection (a) shall
apply with respect to requests for appointment scheduling occurring on
or after the date that is 120 days after the date of the enactment of
this Act.
SEC. 5121. PROVISION BY DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
PROVIDERS OF RECOMMENDATIONS AND OPINIONS REGARDING
VETERAN PARTICIPATION IN STATE MARIJUANA PROGRAMS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall authorize physicians and other
health care providers employed by the Department of Veterans Affairs
to--
(1) provide recommendations and opinions to veterans who
are residents of States with State marijuana programs regarding
the participation of veterans in such State marijuana programs;
and
(2) complete forms reflecting such recommendations and
opinions.
(b) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, any territory or possession of the United States, and each
federally recognized Indian Tribe.
SEC. 5122. ANNUAL REPORT FROM THE ADVISORY COMMITTEE ON WOMEN VETERANS.
Subsection (c)(1) of section 542 of title 38, United States Code,
is amended by striking ``even-numbered year'' and inserting ``year''.
SEC. 5123. VA PAYMENTS OR ALLOWANCES FOR BENEFICIARY TRAVEL.
Section 111(g) of title 38, United States Code, is amended--
(1) by striking ``(1) Beginning one year after the date of
the enactment of the Caregivers and Veterans Omnibus Health
Services Act of 2010, the Secretary may'' and inserting ``The
Secretary shall'';
(2) by striking ``to be'' and inserting ``to be at least'';
and
(3) by striking paragraph (2).
SEC. 5124. 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. 5125. SECRETARY OF VETERANS AFFAIRS STUDY ON VA HOME LOAN BENEFIT.
(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 a loan 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 6 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall 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 shall publish
such report on the website of the Department of Veterans Affairs.
SEC. 5126. 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 Veterans
Health Administration for documenting implantable medical
devices issued to patients.
(2) An evaluation of the capability of the Veterans Health
Administration 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. 5127. COMPETITIVE PAY FOR HEALTH CARE PROVIDERS OF THE 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 of Veterans Affairs shall submit to the Secretary of
Veterans Affairs 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
Senate and House of Representatives a report on rates of basic
pay for covered positions at medical centers of the
Department.''.
SEC. 5128. DEPARTMENT OF VETERANS AFFAIRS PROGRAM TO PROVIDE GRANTS FOR
CERTAIN VETERANS SERVICE ORGANIZATIONS AFFECTED BY THE
COVID-19 PANDEMIC.
(a) Grant Program.--The Secretary of Veterans Affairs shall carry
out a program under which the Secretary shall make grants to eligible
organizations to offset costs relating to the COVID-19 pandemic
incurred during the covered 2020 period.
(b) Eligible Organizations.--To be eligible to receive a grant
under the program, an organization shall be a veterans service
organization that--
(1) as a result of the COVID-19 pandemic, experienced a
loss of 50 percent or greater gross revenue during the covered
2020 period (compared to the gross revenue collected during the
covered 2019 period); and
(2) submits to the Secretary an application in such form,
at such time, and containing such information as the Secretary
determines appropriate, including--
(A) information demonstrating the loss specified in
paragraph (1); and
(B) a plan for the use of such grant.
(c) Use of Grant Amounts.--A veterans service organization that
receives a grant under this section may only use the grant in
accordance with the plan referred to in subsection (b)(2)(B) for the
following expenses of the organization:
(1) Rent.
(2) Utilities.
(3) Scheduled mortgage payments.
(4) Scheduled debt payments.
(5) Other ordinary and necessary business expenses,
including maintenance costs, administrative costs (including
fees and licensing), State and local taxes and fees, operating
leases, and insurance payments.
(d) Amount of Grant.--A grant made to a veterans service
organization under the program shall be in an amount equal to the
aggregate cost of the activities specified in the plan referred to in
subsection (b)(2)(B), except that any such grant may not exceed
$50,000.
(e) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall prescribe regulations to
carry out the grant program.
(f) Definitions.--In this section:
(1) The term ``covered 2019 period'' means the period
beginning on April 1, 2019, and ending on December 31, 2019.
(2) The term ``covered 2020 period'' means the period
beginning on April 1, 2020, and ending on December 31, 2020.
(3) The term ``veterans service organization'' means an
organization that is chartered under part B of subtitle II of
title 36, United States Code, and includes any local or area
chapter, post, or other unit.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000, to remain available
until expended.
SEC. 5129. INCLUSION OF VETERANS IN HOUSING PLANNING.
(a) Public Housing Agency Plans.--Section 5A(d)(1) of the United
States Housing Act of 1937 (42 U.S.C. 1437c-1(d)(1)) is amended by
striking ``and disabled families'' and inserting ``, disabled families,
and veterans (as such term is defined in section 101 of title 38,
United States Code)''.
(b) Comprehensive Housing Affordability Strategies.--
(1) In general.--Section 105 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12705) is amended--
(A) in subsection (b)(1), by inserting ``veterans
(as such term is defined in section 101 of title 38,
United States Code),'' after ``acquired
immunodeficiency syndrome,'';
(B) in subsection (b)(20), by striking ``and
service'' and inserting ``veterans service, and other
service''; and
(C) in subsection (e)(1), by inserting ``veterans
(as such term is defined in section 101 of title 38,
United States Code),'' after ``homeless persons,''.
(2) Consolidated plans.--The Secretary of Housing and Urban
Development shall revise the regulations relating to submission
of consolidated plans (part 91 of title 24, Code of Federal
Regulations) in accordance with the amendments made by
paragraph (1) of this subsection to require inclusion of
appropriate information relating to veterans and veterans
service agencies in all such plans.
SEC. 5130. ANNUAL REPORT ON HOUSING ASSISTANCE TO VETERANS.
(a) In General.--Not later than December 31 of each year, the
Secretary of Housing and Urban Development shall submit a report on the
activities of the Department of Housing and Urban Development relating
to veterans during such year to the following:
(1) The Committee on Banking, Housing, and Urban Affairs of
the Senate.
(2) The Committee on Veterans' Affairs of the Senate.
(3) The Committee on Appropriations of the Senate.
(4) The Committee on Financial Services of the House of
Representatives.
(5) The Committee on Veterans' Affairs of the House of
Representatives.
(6) The Committee on Appropriations of the House of
Representatives.
(7) The Secretary of Veterans Affairs.
(b) Contents.--Each report required under subsection (a) shall
include the following information with respect to the year for which
the report is submitted:
(1) The number of homeless veterans provided assistance
under the program of housing choice vouchers for homeless
veterans under section 8(o)(19) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(19)), the socioeconomic
characteristics and racial characteristics of such homeless
veterans, and the number, types, and locations of entities
contracted under such section to administer the vouchers.
(2) The number of homeless veterans provided assistance
under the Tribal HUD-VA Supportive Housing Program (HUD-VASH)
authorized by the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235; 128 Stat. 2733), the
socioeconomic characteristics and racial characteristics of
such homeless veterans, and the number, types, and locations of
entities contracted under such section to administer the
vouchers.
(3) A summary description of the special considerations
made for veterans under public housing agency plans submitted
pursuant to section 5A of the United States Housing Act of 1937
(42 U.S.C. 1437c-1) and under comprehensive housing
affordability strategies submitted pursuant to section 105 of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705).
(4) A description of the activities of the Special
Assistant for Veterans Affairs.
(5) A description of the efforts of the Department of
Housing and Urban Development to coordinate the delivery of
housing and services to veterans with other Federal departments
and agencies, including the Department of Defense, Department
of Justice, Department of Labor, Department of Health and Human
Services, Department of Veterans Affairs, and the Interagency
Council on Homelessness.
(6) The cost to the Department of Housing and Urban
Development of administering the programs and activities
relating to veterans.
(7) Any other information that the Secretary considers
relevant in assessing the programs and activities of the
Department of Housing and Urban Development relating to
veterans.
(c) Assessment of Housing Needs of Very Low-Income Veteran
Families.--
(1) In general.--For the first report submitted pursuant to
subsection (a) and every fifth report thereafter, the Secretary
of Housing and Urban Development shall--
(A) conduct an assessment of the housing needs of
very low-income veteran families (as such term is
defined in paragraph 5); and
(B) shall include in each such report findings
regarding such assessment.
(2) Content.--Each assessment under this subsection shall
include--
(A) conducting a survey of, and direct interviews
with, a representative sample of very low-income
veteran families (as such term is defined in paragraph
5) to determine past and current--
(i) socioeconomic characteristics of such
veteran families;
(ii) barriers to such veteran families
obtaining safe, quality, and affordable
housing;
(iii) levels of homelessness among such
veteran families; and
(iv) levels and circumstances of, and
barriers to, receipt by such veteran families
of rental housing and homeownership assistance;
and
(B) such other information that the Secretary
determines, in consultation with the Secretary of
Veterans Affairs and national nongovernmental
organizations concerned with veterans, homelessness,
and very low-income housing, may be useful to the
assessment.
(3) Conduct.--If the Secretary contracts with an entity
other than the Department of Housing and Urban Development to
conduct the assessment under this subsection, such entity shall
be a nongovernmental organization determined by the Secretary
to have appropriate expertise in quantitative and qualitative
social science research.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Housing and Urban
Development, to be available until expended to carry out this
subsection, $1,000,000.
(5) Very low-income veteran family.--The term ``very low-
income veteran family'' means a veteran family whose income
does not exceed 50 percent of the median income for the area,
as determined by the Secretary with adjustments for smaller and
larger families, except that the Secretary may establish an
income ceiling higher or lower than 50 percent of the median
for the area on the basis of the Secretary's findings that such
variations are necessary because of prevailing levels of
construction costs or fair market rents (as determined under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f)).
SEC. 5131. PAYMENTS TO INDIVIDUALS WHO SERVED DURING WORLD WAR II IN
THE UNITED STATES MERCHANT MARINE.
(a) Establishment of Compensation Fund.--Subchapter II of chapter 5
of title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 534. Merchant Mariner Equity Compensation Fund
``(a) Compensation Fund.--(1) There is in the general fund of the
Treasury a fund to be known as the `Merchant Mariner Equity
Compensation Fund' (in this section referred to as the `compensation
fund').
``(2) Subject to the availability of appropriations provided in
advance in a appropriations Act specifically for the purpose of
carrying out this section, and no other funding source, amounts in the
compensation fund shall be available to the Secretary without fiscal
year limitation to make payments to eligible individuals in accordance
with this section.
``(b) Eligible Individuals.--(1) An eligible individual is an
individual who--
``(A) during the one-year period beginning on the date of
the enactment of this section, submits to the Secretary an
application containing such information and assurances as the
Secretary may require;
``(B) has not received benefits under the Servicemen's
Readjustment Act of 1944 (Public Law 78-346); and
``(C) has engaged in qualified service.
``(2) For purposes of paragraph (1), a person has engaged in
qualified service if, between December 7, 1941, and December 31, 1946,
the person--
``(A) was a member of the United States merchant marine
(including the Army Transport Service and the Naval Transport
Service) serving as a crewmember of a vessel that was--
``(i) operated by the War Shipping Administration
or the Office of Defense Transportation (or an agent of
the Administration or Office);
``(ii) operated in waters other than inland waters,
the Great Lakes, and other lakes, bays, and harbors of
the United States;
``(iii) under contract or charter to, or property
of, the Government of the United States; and
``(iv) serving the Armed Forces; and
``(B) while so serving, was licensed or otherwise
documented for service as a crewmember of such a vessel by an
officer or employee of the United States authorized to license
or document the person for such service.
``(3) In determining the information and assurances required in the
application pursuant to paragraph (1)(A), the Secretary shall accept a
DD-214 form as proof of qualified service.
``(c) Amount of Payment.--The Secretary shall make one payment out
of the compensation fund in the amount of $25,000 to an eligible
individual. The Secretary shall make such a payment to eligible
individuals in the order in which the Secretary receives the
applications of the eligible individuals. Payments may only be made
subject to the availability of funds provided in advance in an
appropriations Act for this purpose.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2022 $125,000,000 for the compensation
fund. Such amount shall remain available until expended.
``(e) Reports.--The Secretary shall include, in documents submitted
to Congress by the Secretary in support of the President's budget for
each fiscal year, detailed information on the operation of the
compensation fund, including the number of applicants, the number of
eligible individuals receiving benefits, the amounts paid out of the
compensation fund, the administration of the compensation fund, and an
estimate of the amounts necessary to fully fund the compensation fund
for that fiscal year and each of the three subsequent fiscal years.
``(f) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall prescribe the regulations
required under section 534(f) of title 38, United States Code, as added
by subsection (a).
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item related to section
532 the following new item:
``534. Merchant Mariner Equity Compensation Fund.''.
SEC. 5132. EXPANSION OF ELIGIBILITY FOR HOSPITAL CARE, MEDICAL
SERVICES, AND NURSING HOME CARE FROM THE DEPARTMENT OF
VETERANS AFFAIRS TO INCLUDE VETERANS OF WORLD WAR II.
Section 1710(a)(2)(E) of title 38, United States Code, is amended--
(1) by striking ``of the Mexican border period or of World
War I;'' and inserting ``of--''; and
(2) by adding at the end the following new clauses:
``(i) the Mexican border period;
``(ii) World War I; or
``(iii) World War II;''.
SEC. 5133. PILOT PROGRAM ON CYBERSECURITY TRAINING FOR VETERANS AND
MILITARY SPOUSES.
(a) Establishment.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of Veterans Affairs, shall establish a
pilot program under which the Secretary of Homeland Security shall
provide cybersecurity training to eligible individuals at no cost to
such individuals.
(b) Elements.--The cybersecurity training provided under the pilot
program shall include--
(1) coursework and training that, if applicable, qualifies
for postsecondary credit toward an associate or baccalaureate
degree at an institution of higher education;
(2) virtual learning opportunities;
(3) hands-on learning and performance-based assessments;
(4) Federal work-based learning opportunities and programs;
and
(5) the provision of recognized postsecondary credentials
to eligible individuals who complete the pilot program.
(c) Eligibility.--
(1) In general.--To be eligible for the pilot program under
this section an individual shall be--
(A) a veteran who is entitled to educational
assistance under chapter 30, 32, 33, 34, or 35 of title
38, United States Code, or chapter 1606 of title 10,
United States Code;
(B) a member of an active or a reserve component of
the Armed Forces who the Secretary determines will
become an eligible individual under paragraph (1)
within 180 days of the date of such determination; or
(C) an eligible spouse described in section
1784a(b) of title 10, United States Code.
(2) No charge to entitlement.--In the case of an individual
described in paragraph (1)(A), training under this section
shall be provided to the individual without charge to the
entitlement of the individual to educational assistance under
the laws administered by the Secretary of Veterans Affairs.
(d) Alignment With NICE Workforce Framework for Cybersecurity.--In
carrying out the pilot program, the Secretary shall ensure alignment
with the taxonomy, including work roles and competencies and the
associated tasks, knowledge, and skills, from the National Initiative
for Cybersecurity Education Workforce Framework for Cybersecurity (NIST
Special Publication 800-181, Revision 1), or successor framework.
(e) Coordination.--
(1) Training, platforms, and frameworks.--In developing the
pilot program, the Secretary of Homeland Security shall
coordinate with the Secretary of Veterans Affairs, the
Secretary of Defense, the Secretary of Labor, the Director of
the National Institute of Standards and Technology, and the
Director of the Office of Personnel Management to evaluate and,
where possible, leverage existing training, platforms, and
frameworks of the Federal Government for providing
cybersecurity education and training to prevent duplication of
efforts.
(2) Federal work-based learning opportunities and
programs.--In developing the Federal work-based learning
opportunities and programs required under subsection (b)(4),
the Secretary of Homeland Security shall coordinate with the
Secretary of Veterans Affairs, the Secretary of Defense, the
Secretary of Labor, the Director of the Office of Personnel
Management, and the heads of other appropriate Federal agencies
to identify or create, as necessary, interagency opportunities
to provide participants in the pilot program with--
(A) opportunities to acquire and demonstrate
competencies; and
(B) the capabilities necessary to qualify for
Federal employment.
(f) Resources.--
(1) In general.--In any case in which the pilot program--
(A) uses training, platforms, and frameworks
described in subsection (e)(1), the Secretary of
Homeland Security, in consultation with the Secretary
of Veterans Affairs, shall ensure that the trainings,
platforms, and frameworks are expanded and resourced to
accommodate usage by eligible individuals participating
in the pilot program; or
(B) does not use training, platforms, and
frameworks described in subsection (e)(1), the
Secretary of Homeland Security, in consultation with
the Secretary of Veterans Affairs, shall develop or
procure training, platforms, and frameworks necessary
to carry out the requirements of subsection (b) and
accommodate the usage by eligible individuals
participating in the pilot program.
(2) Actions.--In carrying out paragraph (1), the Secretary
of Homeland Security may provide additional funding, staff, or
other resources to--
(A) recruit and retain women, underrepresented
minorities, and individuals from other underrepresented
communities;
(B) provide administrative support for basic
functions of the pilot program;
(C) ensure the success and ongoing engagement of
eligible individuals participating in the pilot
program;
(D) connect participants who complete the pilot
program to job opportunities within the Federal
Government; and
(E) allocate dedicated positions for term
employment to enable Federal work-based learning
opportunities and programs, as required under
subsection (b)(4), for participants to gain the
competencies necessary to pursue permanent Federal
employment.
(g) Reports.--
(1) Secretary.--Not later than 2 years after the date on
which the pilot program is established, and annually
thereafter, the Secretary shall submit to Congress a report on
the pilot program. Such report shall include--
(A) a description of--
(i) any activity carried out by the
Department of Homeland Security under this
section; and
(ii) the existing training, platforms, and
frameworks of the Federal Government leveraged
in accordance with subsection (e)(1); and
(B) an assessment of the results achieved by the
pilot program, including--
(i) the admittance rate into the pilot
program;
(ii) the demographics of participants in
the program, including representation of women,
underrepresented minorities, and individuals
from other underrepresented communities;
(iii) the completion rate for the pilot
program, including if there are any
identifiable patterns with respect to
participants who do not complete the pilot
program;
(iv) as applicable, the transfer rates to
other academic or vocational programs, and
certifications and licensure exam passage
rates;
(v) the rate of continued employment within
a Federal agency for participants after
completing the pilot program;
(vi) the rate of continued employment for
participants after completing the pilot
program; and
(vii) the median annual salary of
participants who completed the pilot program
and were subsequently employed.
(2) Comptroller general.--Not later than 4 years after the
date on which the pilot program is established, the Comptroller
General of the United States shall submit to Congress a report
on the pilot program, including the recommendation of the
Comptroller General with respect to whether the pilot program
should be extended.
(h) Definitions.--In this section:
(1) 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).
(2) The term ``recognized postsecondary credential'' has
the meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(3) The term ``veteran'' has the meaning given the term in
section 101 of title 38, United States Code.
(4) The term ``work-based learning'' has the meaning given
the term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
(i) Termination.--The authority to carry out the pilot program
under this section shall terminate on the date that is 5 years after
the date on which the Secretary establishes the pilot program under
this section.
(j) Federal Cybersecurity Workforce Assessment Extension.--Section
304(a) of the Federal Cybersecurity Workforce Assessment Act of 2015 (5
U.S.C. 301 note) is amended, in the matter preceding paragraph (1), by
striking ``2022'' and inserting ``2025''.
SEC. 5134. DEPARTMENT OF VETERANS AFFAIRS AWARENESS CAMPAIGN ON
FERTILITY SERVICES.
(a) Awareness Campaign.--The Secretary of Veterans Affairs shall
conduct an awareness campaign regarding the types of fertility
treatments, procedures, and services covered under the medical benefits
package of the Department of Veterans Affairs that are available to
veterans experiencing issues with fertility.
(b) Modes of Outreach.--In carrying out subsection (a), the
Secretary shall ensure that a variety of modes of outreach are
incorporated into the awareness campaign under such subsection, taking
into consideration the age range of the veteran population.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report that includes a summary of the
actions that have been taken to implement the awareness campaign under
subsection (a) and how the Secretary plans to better engage women
veterans, to ensure awareness of such veterans regarding covered
fertility services available.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committees on Armed Services of the House of
Representatives and the Senate; and
(2) the Committees on Veterans' Affairs of the House of
Representatives and the Senate.
TITLE LII--HOMELAND SECURITY MATTERS
SEC. 5201. 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). Such laboratory shall be used to
conduct studies and analyses for assessing the threat and hazards
associated with an accidental or intentional large-scale chemical event
or chemical terrorism event.
``(b) Laboratory Described.--The laboratory described in this
subsection is the laboratory known, as of the date of the enactment of
this section, as the Chemical Security Analysis Center.
``(c) Laboratory Activities.--The Chemical Security Analysis Center
shall--
``(1) identify and develop countermeasures to chemical
threats, including the development of comprehensive, research-
based definable goals for such countermeasures;
``(2) provide an enduring science-based chemical threat and
hazard analysis capability;
``(3) provide expertise in risk and consequence modeling,
chemical sensing and detection, analytical chemistry, 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; and
``(5) carry out such other activities as the Secretary
determines appropriate.
``(d) Rule of Construction.--Nothing in this section may be
construed as affecting in any manner the authorities or
responsibilities of the Countering Weapons of Mass Destruction Office
of the Department.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 amended by inserting after the item
relating to section 322 the following new item:
``Sec. 323. Chemical Security Analysis Center.''.
SEC. 5202. NATIONAL CYBERSECURITY PREPAREDNESS CONSORTIUM.
The National Cybersecurity Preparedness Consortium Act of 2021
(Public Law 117-122; 6 U.S.C. 652 note) is amended--
(1) in subsections (a) and (b), by striking ``The Secretary
may work with one or more consortia'' each place it appears and
inserting ``The Secretary shall work with not fewer than three
consortia'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``In selecting a consortium'' and inserting
``In selecting the consortia''; and
(B) in paragraph (2), by striking ``Geographic
diversity of the members of any such consortium'' and
inserting ``Regional diversity of such consortia, and
geographic diversity of the members of such
consortia,''; and
(3) in subsection (d), by striking ``If the Secretary works
with a consortium'' and inserting ``In working with the
consortia''.
SEC. 5203. 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.
SEC. 5204. EXEMPTION OF CERTAIN HOMELAND SECURITY FEES FOR CERTAIN
IMMEDIATE RELATIVES OF AN INDIVIDUAL WHO RECEIVED THE
PURPLE HEART.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall include
on a certain application or petition an opportunity for certain
immediate relatives of an individual who was awarded the Purple Heart
to identify themselves as such an immediate relative.
(b) Fee Exemption.--The Secretary shall exempt certain immediate
relatives of an individual who was awarded the Purple Heart, who
identifies as such an immediate relative on a certain application or
petition, from a fee with respect to a certain application or petition
and any associated fee for biometrics.
(c) Pending Applications and Petitions.--The Secretary of Homeland
Security may waive fees for a certain application or petition and any
associated fee for biometrics for certain immediate relatives of an
individual who was awarded the Purple Heart, if such application or
petition is submitted not more than 90 days after the date of the
enactment of this Act.
(d) Definitions.--In this section:
(1) Certain application or petition.--The term ``certain
application or petition'' means--
(A) an application using Form-400, Application for
Naturalization (or any successor form); or
(B) a petition using Form I-360, Petition for
Amerasian, Widow(er), or Special Immigrant (or any
successor form).
(2) Certain immediate relatives of an individual who was
awarded the purple heart.--The term ``certain immediate
relatives of an individual who was awarded the Purple Heart''
means an immediate relative of a living or deceased member of
the Armed Forces who was awarded the Purple Heart and who is
not a person ineligible for military honors pursuant to section
985(a) of title 10, United States Code.
(3) Immediate relative.--The term ``immediate relative''
has the meaning given such term in section 201(b) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)).
SEC. 5205. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND
REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Clarification Regarding Definition of Rights and Benefits.--
Section 4303(2) of title 38, United States Code, is amended--
(1) by inserting ``(A)'' before ``The term''; and
(2) by adding at the end the following new subparagraph:
``(B) Any procedural protections or provisions set forth in
this chapter shall also be considered a right or benefit
subject to the protection of this chapter.''.
(b) Clarification Regarding Relation to Other Law and Plans for
Agreements.--Section 4302 of such title is amended by adding at the end
the following:
``(c)(1) Pursuant to this section and the procedural rights
afforded by subchapter III of this chapter, any agreement to arbitrate
a claim under this chapter is unenforceable, unless all parties consent
to arbitration after a complaint on the specific claim has been filed
in court or with the Merit Systems Protection Board and all parties
knowingly and voluntarily consent to have that particular claim
subjected to arbitration.
``(2) For purposes of this subsection, consent shall not be
considered voluntary when a person is required to agree to arbitrate an
action, complaint, or claim alleging a violation of this chapter as a
condition of future or continued employment, advancement in employment,
or receipt of any right or benefit of employment.''.
SEC. 5206. CRITICAL TECHNOLOGY SECURITY CENTERS.
(a) Critical Technology Security Centers.--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. CRITICAL TECHNOLOGY SECURITY CENTERS.
``(a) Establishment.--Not later than 180 days after the date of the
enactment of this section, the Secretary, acting through the Under
Secretary for Science and Technology, and in coordination with the
Director, shall award grants, contracts, or cooperative agreements to
covered entities for the establishment of not fewer than two
cybersecurity-focused Critical Technology Security Centers to evaluate
and test the security of critical technology.
``(b) Evaluation and Testing.--In carrying out the evaluation and
testing of the security of critical technology pursuant to subsection
(a), the Critical Technology Security Centers referred to in such
subsection shall address the following technologies:
``(1) The security of information and communications
technology that underpins national critical functions related
to communications.
``(2) The security of networked industrial equipment, such
as connected programmable data logic controllers and
supervisory control and data acquisition servers.
``(3) The security of open source software that underpins
national critical functions.
``(4) The security of critical software used by the Federal
Government.
``(c) Addition or Termination of Centers.--
``(1) In general.--The Under Secretary for Science and
Technology may, in coordination with the Director, award or
terminate grants, contracts, or cooperative agreements to
covered entities for the establishment of additional or
termination of existing Critical Technology Security Centers to
address critical technologies.
``(2) Limitation.--The authority provided under paragraph
(1) may be exercised except if such exercise would result in
the operation at any time of fewer than two Critical Technology
Security Centers.
``(d) Selection of Critical Technologies.--
``(1) In general.--Before awarding a grant, contract, or
cooperative agreement to a covered entity to establish a
Critical Technology Security Center, the Under Secretary for
Science and Technology shall coordinate with the Director, who
shall provide the Under Secretary a list of critical
technologies or specific guidance on such technologies that
would be within the remit of any such Center.
``(2) Expansion and modification.--The Under Secretary for
Science and Technology, in coordination with the Director, is
authorized to expand or modify at any time the list of critical
technologies or specific guidance on technologies referred to
in paragraph (1) that is within the remit of a proposed or
established Critical Technology Security Center.
``(e) Responsibilities.--In carrying out the evaluation and testing
of the security of critical technology pursuant to subsection (a), the
Critical Technology Security Centers referred to in such subsection
shall each have the following responsibilities:
``(1) Conducting rigorous security testing to identify
vulnerabilities in such technologies.
``(2) Utilizing the coordinated vulnerability disclosure
processes established under subsection (g) to report to the
developers of such technologies and, as appropriate, to the
Cybersecurity and Infrastructure Security Agency, information
relating to vulnerabilities discovered and any information
necessary to reproduce such vulnerabilities.
``(3) Developing new capabilities for improving the
security of such technologies, including vulnerability
discovery, management, and mitigation.
``(4) Assessing the security of software, firmware, and
hardware that underpin national critical functions.
``(5) Supporting existing communities of interest,
including through grant making, in remediating vulnerabilities
discovered within such technologies.
``(6) Utilizing findings to inform and support the future
work of the Cybersecurity and Infrastructure Security Agency.
``(f) Risk Based Evaluations.--Unless otherwise directed pursuant
to guidance issued by the Under Secretary or Director under subsection
(d), to the greatest extent practicable activities carried out pursuant
to the responsibilities specified in subsection (e) shall leverage
risk-based evaluations to focus on activities that have the greatest
effect practicable on the security of the critical technologies within
each Critical Technology Security Center's remit, such as the
following:
``(1) Developing capabilities that can detect or eliminate
entire classes of vulnerabilities.
``(2) Testing for vulnerabilities in the most widely used
technology or vulnerabilities that affect many such critical
technologies.
``(g) Coordinated Vulnerability Disclosure Processes.--Each
Critical Technology Security Center shall establish, in coordination
with the Director, coordinated vulnerability disclosure processes
regarding the disclosure of vulnerabilities that--
``(1) are adhered to when a vulnerability is discovered or
disclosed by each such Center, consistent with international
standards and coordinated vulnerability disclosure best
practices; and
``(2) are published on the website of each such Center.
``(h) Application.--To be eligible for an award of a grant,
contract, or cooperative agreement as a Critical Technology Security
Center pursuant to subsection (a), a covered entity shall submit to the
Secretary an application at such time, in such manner, and including
such information as the Secretary may require.
``(i) Public Reporting of Vulnerabilities.--The Under Secretary for
Science and Technology shall ensure that vulnerabilities discovered by
a Critical Technology Security Center are reported to the National
Vulnerability Database of the National Institute of Standards and
Technology, as appropriate and using the coordinated vulnerability
disclosure processes established under subsection (g).
``(j) Additional Guidance.--The Under Secretary for Science and
Technology, in coordination with the Director, shall develop, and
periodically update, guidance, including eligibility and any additional
requirements, relating to how Critical Technology Security Centers may
award grants to communities of interest pursuant to subsection (e)(5)
to remediate vulnerabilities and take other actions under such
subsection and subsection (k).
``(k) Open Source Software Security Grants.--
``(1) In general.--Any Critical Technology Security Center
addressing open source software security may award grants, in
consultation with the Under Secretary for Science and
Technology and Director, to individual open source software
developers and maintainers, nonprofit organizations, and other
non-Federal entities as determined appropriate by any such
Center, to fund improvements to the security of the open source
software ecosystem.
``(2) Improvements.--A grant awarded under paragraph (1)
may include improvements such as the following:
``(A) Security audits.
``(B) Funding for developers to patch
vulnerabilities.
``(C) Addressing code, infrastructure, and
structural weaknesses, including rewrites of open
source software components in memory-safe programming
languages.
``(D) Research and tools to assess and improve the
overall security of the open source software ecosystem,
such as improved software fault isolation techniques.
``(E) Training and other tools to aid open source
software developers in the secure development of open
source software, including secure coding practices and
secure systems architecture.
``(3) Priority.--In awarding grants under paragraph (1), a
Critical Technology Security Center shall prioritize, to the
greatest extent practicable, the following:
``(A) Where applicable, open source software
components identified in guidance from the Director, or
if no such guidance is so provided, utilizing the risk-
based evaluation described in subsection (f).
``(B) Activities that most promote the long-term
security of the open source software ecosystem.
``(l) Biennial Reports to Under Secretary.--Not later than one year
after the date of the enactment of this section and every two years
thereafter, each Critical Technology Security Center shall submit to
the Under Secretary for Science and Technology and Director a report
that includes the following:
``(1) A summary of the work performed by such Center.
``(2) Information relating to the allocation of Federal
funds at such Center.
``(3) A description of each vulnerability that has been
publicly disclosed pursuant to subsection (g), including
information relating to the corresponding software weakness.
``(4) An assessment of the criticality of each such
vulnerability.
``(5) A list of critical technologies studied by such
Center.
``(6) An overview of the methodologies used by such Center,
such as tactics, techniques, and procedures.
``(7) A description of such Center's development of
capabilities for vulnerability discovery, management, and
mitigation.
``(8) A summary of such Center's support to existing
communities of interest, including an accounting of dispersed
grant funds.
``(9) For such Center, if applicable, a summary of any
grants awarded during the period covered by the report that
includes the following:
``(A) An identification of the entity to which each
such grant was awarded.
``(B) The amount of each such grant.
``(C) The purpose of each such grant.
``(D) The expected impact of each such grant.
``(10) The coordinated vulnerability disclosure processes
established by such Center.
``(m) Reports to Congress.--Upon receiving the reports required
under subsection (l), the Under Secretary for Science and Technology
shall submit to the appropriate congressional committees a report that
includes, with respect to each Critical Technology Security Center, the
reports received in subsection (l). Where applicable, the Under
Secretary shall include an explanation for any deviations from the list
of critical technologies studied by a Center from the list of critical
technologies or specific guidance relating to such technologies
provided by the Director before the distribution of funding to such
Center.
``(n) Consultation With Relevant Agencies.--In carrying out this
section, the Under Secretary shall consult with the heads of other
Federal agencies conducting cybersecurity research, including the
following:
``(1) The National Institute of Standards and Technology.
``(2) The National Science Foundation.
``(3) Relevant agencies within the Department of Energy.
``(4) Relevant agencies within the Department of Defense.
``(o) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section the following:
``(1) $40,000,000 for fiscal year 2023.
``(2) $42,000,000 for fiscal year 2024.
``(3) $44,000,000 for fiscal year 2025.
``(4) $46,000,000 for fiscal year 2026.
``(5) $49,000,000 for fiscal year 2027.
``(p) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security of the
House of Representatives; and
``(B) the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(2) Covered entity.--The term `covered entity' means a
university or federally-funded research and development center,
including a national laboratory, or a consortia thereof.
``(3) Critical technology.--The term `critical technology'
means technology that underpins one or more national critical
functions.
``(4) Critical software.--The term `critical software' has
the meaning given such term by the National Institute of
Standards and Technology pursuant to Executive Order 14028 or
any successor provision.
``(5) Open source software.--The term `open source
software' means software for which the human-readable source
code is made available to the public for use, study, re-use,
modification, enhancement, and redistribution.
``(6) Director.--The term `Director' means the Director of
the Cybersecurity and Infrastructure Security Agency.''.
(b) Identification of Certain Technology.--Paragraph (1) of section
2202(e) of the Homeland Security Act of 2002 (6 U.S.C. 603(e)) is
amended by adding at the end the following new subparagraph:
``(S) To identify the critical technologies (as
such term is defined in section 323) or develop
guidance relating to such technologies within the
remits of the Critical Technology Security Centers as
described in such section.''.
(c) 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 322 the following new item:
``Sec. 323. Critical Technology Security Centers.''.
SEC. 5207. SYSTEMICALLY IMPORTANT ENTITIES.
(a) Identification of Systemically Important Entities.--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. 2220D. PROCEDURE FOR DESIGNATION OF SYSTEMICALLY IMPORTANT
ENTITIES.
``(a) Establishment of Criteria and Procedures.--
``(1) In general.--Not later than 12 months after the date
of the enactment of this section, the Secretary, acting through
the Director, in consultation with the National Cyber Director,
Sector Risk Management Agencies, the Critical Infrastructure
Partnership Advisory Council, and, as appropriate, other
government and nongovernmental entities, shall establish
criteria and procedures for identifying and designating certain
entities as systemically important entities for purposes of
this section.
``(2) Consideration.--In establishing the criteria for
designation under paragraph (1), the Secretary shall consider
the following:
``(A) The consequences that a disruption to a
system, asset, or facility under an entity's control
would have on one or more national critical functions.
``(B) The degree to which the entity has the
capacity to engage in operational collaboration with
the Agency, and the degree to which such operational
collaboration would benefit national security.
``(C) The entity's role and prominence within
critical supply chains or in the delivery of critical
functions.
``(D) Any other factors the Secretary determines
appropriate.
``(3) Elements.--The Secretary shall develop a mechanism
for owners and operators of critical infrastructure to submit
information to assist the Secretary in making designations
under this subsection.
``(b) Designation of Systemically Important Entities.--
``(1) In general.--The Secretary, using the criteria and
procedures established under subsection (a)(1) and any
supplementary information submitted under subsection (a)(3),
shall designate certain entities as systemically important
entities.
``(2) Notification of designation status.--The Secretary
shall notify designees within 30 days of designation or
dedesignation, with an explanation of the basis for such
determination.
``(3) Register.--The Secretary shall maintain and routinely
update a list, or register, of such entities, with contact
information.
``(4) Limitations.--
``(A) In general.--The number of designated
entities shall not exceed 200 in total.
``(B) Sunset.--Beginning on the date that is four
years after the date of the enactment of this section,
the Secretary, after consultation with the Director,
may increase the number of designated entities
provided--
``(i) such number does not exceed 150
percent of the prior maximum;
``(ii) the Secretary publishes such new
maximum number in the Federal Register; and
``(iii) such new maximum number has not
been changed in the immediately preceding four
years.
``(c) Redress.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall develop a mechanism, consistent with subchapter II of
chapter 5 of title 5, United States Code, for an entity
notified under subsection (b)(2) to present evidence that the
Secretary should reverse--
``(A) the designation of a facility, system, or
asset as systemically important critical
infrastructure;
``(B) the determination that a facility, system, or
asset no longer constitutes systemically important
critical infrastructure; or
``(C) a final judgment entered in a civil action
seeking judicial review brought in accordance with
paragraph (2).
``(2) Appeal to federal court.--A civil action seeking
judicial review of a final agency action taken under the
mechanism developed under paragraph (1) shall be filed in the
United States District Court for the District of Columbia.
``(d) Reporting for Systemically Important Entities.--
``(1) In general.--Not later than two years after the date
of the enactment of this section, the Secretary, acting through
the Director, in consultation with the National Cyber Director,
Sector Risk Management Agencies, the CISA Cybersecurity
Advisory Committee, and relevant government and nongovernment
entities, shall establish reporting requirements for
systemically important entities.
``(2) Requirements.--The requirements established under
subsection (a) shall directly support the Department's ability
to understand and prioritize mitigation of risks to national
critical functions and ensure that any information obtained by
a systemically important entity pursuant to this section is
properly secured.
``(3) Reported information.--The requirements under
paragraph (2) may include obligations for systemically
important entities to--
``(A) identify critical assets, systems, suppliers,
technologies, software, services, processes, or other
dependencies that would inform the Federal Government's
understanding of the risks to national critical
functions present in the entity's supply chain;
``(B) associate specific third-party entities with
the supply chain dependencies identified under
subparagraph (A);
``(C) detail the supply chain risk management
practices put in place by the systemically important
entity, including, where applicable, any known security
and assurance requirements for third-party entities
under subparagraph (B); and
``(D) identify any documented security controls or
risk management practices that third-party entities
have enacted to ensure the continued delivery of
critical services to the systemically important entity.
``(4) Duplicative requirements.--
``(A) In general.--The Secretary shall coordinate
with the head of any Federal agency with responsibility
for regulating the security of a systemically important
entity to determine whether the reporting requirements
under this subsection may be fulfilled by any reporting
requirement in effect on the date of the enactment of
this section or subsequently enacted after such date.
``(B) Existing required reports.--If the Secretary
determines that an existing reporting requirement for a
systemically important entity substantially satisfies
the reporting requirements under this subsection, the
Secretary shall accept such report and may not require
a such entity to submit an alternate or modified
report.
``(C) Coordination.--The Secretary shall coordinate
with the head any Federal agency with responsibilities
for regulating the security of a systemically important
entity to eliminate any duplicate reporting or
compliance requirements relating to the security or
resiliency of such entities.
``(e) Intelligence Support to Systemically Important Entities.--
``(1) Identification of information needs.--Not later than
one year after the date of the enactment of this section, the
Secretary, acting through the Director, shall establish a
process to solicit and compile relevant information from Sector
Risk Management Agencies and any other relevant Federal agency
to inform and identify common information needs and
interdependencies across systemically important entities.
``(2) Interdependencies and risk identification.--In
establishing the process under paragraph (1), the Secretary,
acting through the Director, shall incorporate methods and
procedures--
``(A) to identify the types of information needed
to understand interdependence of systemically important
entities and areas where a nation-state adversary may
target to cause widespread compromise or disruption,
including--
``(i) common technologies, including
hardware, software, and services, used within
systemically important entities;
``(ii) critical lines of businesses,
services, processes, and functions on which
multiple systemically important entities are
dependent;
``(iii) specific technologies, components,
materials, or resources on which multiple
systemically important entities are dependent;
and
``(iv) Federal, State, local, Tribal, or
territorial government services, functions, and
processes on which multiple systemically
important entities are dependent; and
``(B) to associate specific systemically important
entities with the information identified under
subparagraph (A),
``(3) Information needs and indications and warning.--In
establishing the process under paragraph (1), the Secretary,
acting through the Director, in consultation with the Director
of National Intelligence, shall incorporate methods and
procedures to--
``(A) provide indications and warning to
systemically important entities regarding nation-state
adversary cyber operations relevant to information
identified under paragraph (2)(A); and
``(B) to identify information needs for the cyber
defense efforts of such entities.
``(4) Recurrent input.--Not later than 30 days after the
establishment of the process under paragraph (1) and no less
often than biennially thereafter, the Secretary, acting through
the Director, shall solicit information from systemically
important entities utilizing such process.
``(5) Intelligence sharing.--
``(A) In general.--Not later than five days after
discovery of information that indicates a credible
threat to an identifiable systemically important
entity, the Director of National Intelligence, in
coordination with the Secretary, shall share the
appropriate intelligence information with such entity.
``(B) Emergency notification.--The Director of
National Intelligence, in coordination with the
Secretary, shall share any intelligence information
related to a systemically important entity with such
entity not later than 24 hours after the Director of
National Intelligence determines that such information
indicates an imminent threat--
``(i) to such entity, or to a system,
asset, or facility such entity owns or
operates; or
``(ii) to national security, economic
security, or public health and safety relevant
to such entity.
``(C) National security exemptions.--
Notwithstanding subparagraphs (A) or (B), the Director
of National Intelligence may withhold intelligence
information pertaining to a systemically important
entity if the Director of National Intelligence, with
the concurrence of the Secretary and the Director,
determines that withholding such information is in the
national security interest of the United States.
``(D) Report to congress.--Not later than three
years after the date of the enactment of this section
and annually thereafter, the Secretary, in coordination
with the National Cyber Director and the Director of
National Intelligence, shall submit to the Committee on
Homeland Security of the House of Representatives, the
Committee on Homeland Security and Government Affairs
of the Senate, the Permanent Select Committee on
Intelligence of the House of Representatives, and the
Select Committee on Intelligence of the Senate, a
report that--
``(i) provides an overview of the
intelligence information shared with
systemically important entities; and
``(ii) evaluates the relevance and success
of the classified, actionable information the
intelligence community (as such term is defined
in section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)) provided to
systemically important entities.
``(E) Intelligence sharing.--Notwithstanding any
other provision of law, information or intelligence
shared with systemically important entities under the
processes established under this subsection shall not
constitute favoring one private entity over another.
``(f) Prioritization.--In allocating Department resources, the
Secretary shall prioritize systemically important entities in the
provision of voluntary services, and encourage participation in
programs to provide technical assistance in the form of continuous
monitoring and detection of cybersecurity risks.
``(g) Incident Response.--In the event that a systemically
important entity experiences a serious cyber incident, the Secretary
shall--
``(1) promptly establish contact with such entity to
acknowledge receipt of notification, obtain additional
information regarding such incident, and ascertain the need for
incident response or technical assistance;
``(2) maintain routine or continuous contact with such
entity to monitor developments related to such incident;
``(3) assist in incident response, mitigation, and recovery
efforts;
``(4) ascertain evolving needs of such entity; and
``(5) prioritize voluntary incident response and technical
assistance for such covered entity.
``(h) Operational Collaboration With Systemically Important
Entities.--The head of the office for joint cyber planning established
pursuant to section 2216, in carrying out the responsibilities of such
office with respect to relevant cyber defense planning, joint cyber
operations, cybersecurity exercises, and information-sharing practices,
shall, to the extent practicable, prioritize the involvement of
systemically important entities.
``(i) Emergency Planning.--In partnership with systemically
important entities, the Secretary, in coordination with the Director,
the heads of Sector Risk Management Agencies, and the heads of other
Federal agencies with responsibilities for regulating critical
infrastructure, shall regularly exercise response, recovery, and
restoration plans to--
``(1) assess performance and improve the capabilities and
procedures of government and systemically important entities to
respond to a major cyber incident; and
``(2) clarify specific roles, responsibilities, and
authorities of government and systemically important entities
when responding to such an incident.
``(j) Interagency Council for Critical Infrastructure Cybersecurity
Coordination.--
``(1) Interagency council for critical infrastructure
cybersecurity coordination.--There is established an
Interagency Council for Critical Infrastructure Cybersecurity
Coordination (in this section referred to as the `Council').
``(2) Chairs.--The Council shall be co-chaired by--
``(A) the Secretary, acting through the Director;
and
``(B) the National Cyber Director.
``(3) Membership.--The Council shall be comprised of
representatives from the following:
``(A) Appropriate Federal departments and agencies,
including independent regulatory agencies responsible
for regulating the security of critical infrastructure,
as determined by the Secretary and National Cyber
Director.
``(B) Sector Risk Management Agencies.
``(C) The National Institute of Standards and
Technology.
``(4) Functions.--The Council shall be responsible for the
following:
``(A) Reviewing existing regulatory authorities
that could be utilized to strengthen cybersecurity for
critical infrastructure, as well as potential
forthcoming regulatory requirements under
consideration, and coordinating to ensure that any new
or existing regulations are streamlined and harmonized
to the extent practicable, consistent with the
principles described in paragraph (5).
``(B) Developing cross-sector and sector-specific
cybersecurity performance goals that serve as clear
guidance for critical infrastructure owners and
operators about the cybersecurity practices and
postures that the American people can trust and should
expect for essential services.
``(C) Facilitating information sharing and, where
applicable, coordination on the development of
cybersecurity policy, rulemaking, examinations,
reporting requirements, enforcement actions, and
information sharing practices.
``(D) Recommending to members of the council
general supervisory priorities and principles
reflecting the outcome of discussions among such
members.
``(E) Identifying gaps in regulation that could
invite cybersecurity risks to critical infrastructure,
and as appropriate, developing legislative proposals to
resolve such regulatory gaps.
``(F) Providing a forum for discussion and analysis
of emerging cybersecurity developments and
cybersecurity regulatory issues.
``(5) Principles.--In carrying out the activities under
paragraph (4), the Council shall seek to harmonize regulations
in a way that--
``(A) avoids duplicative, overlapping, overly
burdensome, or conflicting regulatory requirements that
do not effectively or efficiently serve the interests
of national security, economic security, or public
health and safety;
``(B) is consistent with national cyber policy and
strategy, including the National Cyber Strategy;
``(C) recognizes and prioritizes the need for the
Cybersecurity and Infrastructure Security Agency, as
the lead coordinator for the security and resilience of
critical infrastructure across all sectors, to have
visibility regarding cybersecurity threats and security
vulnerabilities across sectors, and leverages
regulatory authorities in a manner that supports such
cross-sector visibility and coordination, to the extent
practicable; and
``(D) recognizes and accounts for the variation
within and among critical infrastructure sectors with
respect to the level of cybersecurity maturity, the
nature of the infrastructure and assets, resources
available to deploy security measures, and other
factors.
``(6) Leveraging existing coordinating bodies.--The Council
shall, as appropriate in the determination of the Co-Chairs,
carry out its work in coordination with critical infrastructure
stakeholders, including sector coordinating councils and
information sharing and analysis organizations, and the Cyber
Incident Reporting Council established pursuant to section
2246.
``(7) Congressional oversight.--Not later than one year
after the date of the enactment of this section and annually
thereafter, the Council shall report to the Committee on
Homeland Security of the House of Representatives, the
Committee on Homeland Security and Government Affairs of the
Senate, and other relevant congressional committees, on the
activities of the Council, including efforts to harmonize
regulatory requirements, and close regulatory gaps, together
with legislative proposals, as appropriate.
``(k) Study on Performance Goals for Systemically Important
Entities.--
``(1) In general.--The Council shall conduct a study to
develop policy options and recommendations regarding the
development of risk-based cybersecurity performance benchmarks
that, if met, would establish a common minimum level of
cybersecurity for systemically important entities.
``(2) Areas of interest.--The study required under
paragraph (1) shall evaluate how the performance benchmarks
referred to in such paragraph can be--
``(A) flexible, nonprescriptive, risk-based, and
outcome-focused;
``(B) designed to improve resilience and address
cybersecurity threats and security vulnerabilities
while also providing an appropriate amount of
discretion to operators in deciding which specific
technologies or solutions to deploy;
``(C) applicable and appropriate across critical
infrastructure sectors, but also adaptable and
augmentable to develop tailored, sector-specific
cybersecurity performance goals; and
``(D) reflective of existing industry best
practices, standards, and guidelines to the greatest
extent possible.
``(l) Definitions.--In this section:
``(1) Systemically important entity.--The term
`systemically important entity' means a critical infrastructure
entity the Secretary has designated as a systemically important
entity pursuant to subsection (b).
``(2) Director.--The term `Director' means the Director of
the Cybersecurity and Infrastructure Security Agency.
``(3) Sector risk management agency.--The term `Sector Risk
Management Agency' has the meaning given such term is section
2201.
``(4) National critical functions.--The term `national
critical functions' means functions of government or private
sector so vital to the United States that the disruption,
corruption, or dysfunction of such functions would have a
debilitating effect on security, national economic security,
national public health or safety, or any combination
thereof.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act is amended by inserting after the item
relating to section 2220C the following new item:
``Sec. 2220D. Procedure for designation of covered systemically
important entities.''.
SEC. 5208. GAO REVIEW OF DEPARTMENT OF HOMELAND SECURITY EFFORTS
RELATED TO ESTABLISHING SPACE AS A CRITICAL
INFRASTRUCTURE SECTOR.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a
review, and not later than 18 months after such date of enactment,
submit to the Committee on Homeland Security, the Committee on
Transportation and Infrastructure, and the Committee on Science, Space,
and Technology 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 report on the
following:
(1) The actions taken by the Department of Homeland
Security to evaluate the establishment of space as a critical
infrastructure sector, based on the decision-support framework
published in reports required pursuant to section 9002(b) of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (6 U.S.C. 652a(b)).
(2) The status of efforts by the Department of Homeland
Security, if any, to establish space as a critical
infrastructure sector.
(3) The extent to which the current 16 critical
infrastructure sectors, as set forth in PPD21, cover space
systems, services, and technology, and the extent to which such
sectors leave coverage gaps relating to such space systems,
services, and technology.
SEC. 5209. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY; CISA
COMMERCIAL SATELLITE SYSTEM CYBERSECURITY CLEARINGHOUSE.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the actions the Federal
Government has taken to support the cybersecurity of commercial
satellite systems, including as part of any action to address
the cybersecurity of critical infrastructure sectors.
(2) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional committees
a report on the study conducted under paragraph (1), which
shall include information on--
(A) efforts of the Federal Government to address or
improve the cybersecurity of commercial satellite
systems and support related efforts with international
entities or the private sector;
(B) the resources made available to the public by
Federal agencies to address cybersecurity risks and
cybersecurity threats to commercial satellite systems;
(C) the extent to which commercial satellite
systems and the cybersecurity threats to such systems
are integrated into critical infrastructure risk
analyses and protection plans of the Department of
Homeland Security; and
(D) the extent to which Federal agencies coordinate
or duplicate authorities and take other actions focused
on the cybersecurity of commercial satellite systems.
(3) Consultation.--In carrying out paragraphs (1) and (2),
the Comptroller General of the United States shall coordinate
with appropriate Federal agencies and organizations,
including--
(A) the Department of Homeland Security;
(B) the Department of Commerce;
(C) the Department of Defense;
(D) the Department of Transportation;
(E) the Department of State;
(F) the Federal Communications Commission;
(G) the National Aeronautics and Space
Administration;
(H) the National Executive Committee for Space-
Based Positioning, Navigation, and Timing; and
(I) the National Space Council.
(4) Briefing.--Not later than two years after the date of
the enactment of this Act, the Comptroller General of the
United States shall provide to the appropriate congressional
committees a briefing relating to carrying out paragraphs (1)
and (2).
(5) Classification.--The report under paragraph (2) shall
be submitted in unclassified form, but may include a classified
annex.
(b) CISA Commercial Satellite System Cybersecurity Clearinghouse.--
(1) Establishment.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Director shall
establish a commercial satellite system cybersecurity
clearinghouse.
(B) Requirements.--The clearinghouse shall--
(i) be publicly available online;
(ii) contain current, relevant, and
publicly available commercial satellite system
cybersecurity resources, including the
recommendations consolidated under paragraph
(2), and any other appropriate materials for
reference by entities that develop commercial
satellite systems; and
(iii) include materials specifically aimed
at assisting small business concerns with the
secure development, operation, and maintenance
of commercial satellite systems.
(C) Existing platform or website.--The Director may
establish the clearinghouse on an online platform or a
website that is in existence as of the date of the
enactment of this Act.
(2) Consolidation of commercial satellite system
cybersecurity recommendations.--
(A) In general.--The Director shall consolidate
voluntary cybersecurity recommendations designed to
assist in the development, maintenance, and operation
of commercial satellite systems.
(B) Requirements.--The recommendations consolidated
under subparagraph (A) shall include, to the greatest
extent practicable, materials addressing the following:
(i) Risk-based, cybersecurity-informed
engineering, including continuous monitoring
and resiliency.
(ii) Planning for retention or recovery of
positive control of commercial satellite
systems in the event of a cybersecurity
incident.
(iii) Protection against unauthorized
access to vital commercial satellite system
functions.
(iv) Physical protection measures designed
to reduce the vulnerabilities of a commercial
satellite system's command, control, or
telemetry receiver systems.
(v) Protection against jamming or spoofing.
(vi) Security against threats throughout a
commercial satellite system's mission lifetime.
(vii) Management of supply chain risks that
affect the cybersecurity of commercial
satellite systems.
(viii) As appropriate, and as applicable
pursuant to the requirement under paragraph
(1)(b)(ii) (relating to the clearinghouse
containing current, relevant, and publicly
available commercial satellite system
cybersecurity resources), the findings and
recommendations from the study conducted by the
Comptroller General of the United States under
subsection (a)(1).
(ix) Risks of a strategic competitor
becoming dominant in the commercial satellite
sector.
(x) Any other recommendations to ensure the
confidentiality, availability, and integrity of
data residing on or in transit through
commercial satellite systems.
(3) Implementation.--In implementing this subsection, the
Director shall--
(A) to the extent practicable, carry out such
implementation as a public-private partnership;
(B) coordinate with the heads of appropriate
Federal agencies with expertise and experience in
satellite operations, including the entities described
in subsection (a)(3);
(C) consult with non-Federal entities developing
commercial satellite systems or otherwise supporting
the cybersecurity of commercial satellite systems,
including private, consensus organizations that develop
relevant standards; and
(D) consider entering into an agreement with a non-
Federal organization to manage and operate the
clearinghouse.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security, the
Committee on Space, Science, and Technology, the
Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Energy and Commerce of
the House of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on Armed Services,
the Committee on Foreign Relations, and the Committee
on Commerce, Science, and Transportation of the Senate.
(2) The term ``clearinghouse'' means the commercial
satellite system cybersecurity clearinghouse required to be
developed and maintained under subsection (b)(1).
(3) The term ``commercial satellite system'' means a system
of one or more satellites and any ground support
infrastructure, and all transmission links among and between
them that is owned, or operated by a non-Federal United States
entity.
(4) The term ``critical infrastructure'' has the meaning
given such term in section 1016(e) of Public Law 107-56 (42
U.S.C. 5195c(e)).
(5) The term ``cybersecurity risk'' has the meaning given
such term in section 2209 of the Homeland Security Act of 2002
(6 U.S.C. 659).
(6) The term ``cybersecurity threat'' has the meaning given
such term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501).
(7) The term ``Director'' means the Director of the
Cybersecurity and Infrastructure Security Agency.
(8) The term ``small business concern'' has the meaning
given the term in section 3 of the Small Business Act (15
U.S.C. 632).
SEC. 5210. 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 Centers for
Disease Control and Prevention, the Federal Drug Administration, and
the Defense Advanced Research Projects Agency, shall research
additional technological solutions to--
(1) target and detect illicit fentanyl and its precursors,
including low-purity fentanyl, especially in counterfeit
pressed tablets, and illicit pill press molds;
(2) enhance targeting of counterfeit pills through
nonintrusive, noninvasive, and other visual screening
technologies; and
(3) enhance data-driven targeting to increase seizure rates
of fentanyl and its precursors.
(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 Administrator of the Drug Enforcement
Administration, the Director of the Federal Bureau of
Investigation, the Director of the Centers for Disease Control
and Prevention, and the Commissioner of Food and Drugs, shall
establish a program to collect available data and develop
metrics to measure how technologies and strategies used by the
Department, U.S. Customs and Border Protection, and other
relevant Federal agencies have helped detect, deter, or address
illicit fentanyl and its precursors being trafficking into the
United States at and between land, air, and sea ports of entry.
Such data and metrics program may consider the rate of
detection at random secondary inspections at such ports of
entry, investigations and intelligence sharing into the origins
of illicit fentanyl later detected within the United States,
and other data or metrics considered appropriate by the
Secretary. The Secretary, as appropriate and in the
coordination with the officials specified in this paragraph,
may update such data and metrics program.
(2) 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, the Administrator of the Drug Enforcement
Administration, the Director of the Federal Bureau of
Investigation, the Director of the Centers for Disease
Control and Prevention, the Commissioner of Food and
Drugs, and the Postmaster General shall, based on the
data collected and metrics developed pursuant to the
program established under paragraph (1), submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs a report that--
(i) examines and analyzes current
technologies deployed at land, air, and sea
ports of entry, including pilot technologies,
to assess how well such technologies detect,
deter, and address fentanyl and its precursors;
(ii) contains a cost-benefit analysis of
technologies used in drug interdiction; and
(iii) describes how such analysis may be
used when making procurement decisions relating
to such technologies.
(B) GAO.--Not later than one year after each report
submitted pursuant to subparagraph (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 Homeland Security
and Governmental Affairs of the Senate a report that
evaluates and, as appropriate, makes recommendations to
improve, the data collected and metrics used in each
such report.
SEC. 5211. REPORT ON PUERTO RICO'S ELECTRIC GRID.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security and the
Administrator of the Federal Emergency Management Agency (FEMA), in
consultation with the Secretary of the Department of Energy and the
Secretary of the Department of Housing and Urban Development, shall
submit to the appropriate congressional committees a report on Puerto
Rico's progress toward rebuilding the electric grid and detailing the
efforts the Federal Government is undertaking to expedite such
rebuilding. The report shall contain the following:
(1) An analysis of the state of Puerto Rico's electric
grid, including the following:
(A) A list of projects in order of priority,
estimated cost, and estimated time necessary for
completion.
(B) An analysis of the measures taken by the
Federal Government to expedite such rebuilding and the
effectiveness of such measures.
(C) Information relating to the amount of funds
that have been allocated and the amount of funds that
have been disbursed.
(D) An analysis of how the Federal Government can
provide further assistance in expediting such
rebuilding.
(2) An analysis of the state of Puerto Rico's renewable
energy generation and storage capacities, including the
following:
(A) A list of current and expected projects focused
on renewable energy generation and storage.
(B) A report on the development of renewable energy
sources in Puerto Rico, including projections for
meeting renewable energy metrics established in the
Puerto Rico Energy Public Policy Act (Act 17).
(C) An analysis of challenges for improving Puerto
Rico's renewable energy capacity and recommendations
for addressing such challenges.
(D) An analysis of how the Federal Government can
provide further assistance, including funding and
legislative actions, in facilitating renewable energy
development and improving Puerto Rico's renewable
energy generation and storage capacities.
(E) An analysis of the extent to which the
federally funded projects to rebuild the electric grid
will support an efficient transition from fossil fueled
generation sources to renewable sources, in a manner
that sustains reliable power supply during such
transition, preserves base and peak load capacity upon
completion of such transition, and prevents creation of
stranded assets.
(3) Recommendations, as appropriate, for power companies
and governments to reduce the number of outages and blackouts.
(4) Proposals, as appropriate, for legislative actions and
funding needed to improve the process of fund disbursement for
critical projects related to electric grids.
(5) A plan for expediting such rebuilding by not later than
three months after the report is so submitted.
(b) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on Homeland Security,
the Committee on Natural Resources, the Committee on Energy and
Commerce, 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 Energy and Natural Resources
of the Senate.
SEC. 5212. 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 (including the use of an APO
or FPO box) such commander grants to an officer or employee of U.S.
Customs and Border Protection or of the Federal Bureau of
Investigation.
SEC. 5213. BUILDING CYBER RESILIENCE AFTER SOLARWINDS.
(a) Definitions.--In this section:
(1) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
(2) Director.--The term ``Director'' shall refer to the
Director of the Cybersecurity and Infrastructure Security
Agency.
(3) Information system.--The term ``information system''
has the meaning given such term in section 2240 of the Homeland
Security Act of 2002 (6 U.S.C. 681).
(4) Significant cyber incident.--The term ``significant
cyber incident'' has the meaning given such term in section
2240 of the Homeland Security Act of 2002.
(5) Solarwinds incident.--The term ``SolarWinds incident''
refers to the significant cyber incident that prompted the
establishment of a Unified Cyber Coordination Group, as
provided by section V(B)(2) of Presidential Policy Directive
41, in December 2020.
(b) SolarWinds Investigation and Report.--
(1) Investigation.--The Director, in consultation with the
National Cyber Director and the heads of other relevant Federal
departments and agencies, shall carry out an investigation to
evaluate the impact of the SolarWinds incident on information
systems owned and operated by Federal departments and agencies,
and, to the extent practicable, other critical infrastructure.
(2) Elements.--In carrying out subsection (b), the Director
shall review the following:
(A) The extent to which Federal information systems
were accessed, compromised, or otherwise impacted by
the SolarWinds incident, and any potential ongoing
security concerns or consequences arising from such
incident.
(B) The extent to which information systems that
support other critical infrastructure were accessed,
compromised, or otherwise impacted by the SolarWinds
incident, where such information is available to the
Director.
(C) Any ongoing security concerns or consequences
arising from the SolarWinds incident, including any
sensitive information that may have been accessed or
exploited in a manner that poses a threat to national
security.
(D) Implementation of Executive Order 14028
(Improving the Nation's Cybersecurity (May 12, 2021)).
(E) Efforts taken by the Director, the heads of
Federal departments and agencies, and critical
infrastructure owners and operators to address
cybersecurity vulnerabilities and mitigate risks
associated with the SolarWinds incident.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director shall submit to the Committee on
Homeland Security in the House of Representatives and Committee on
Homeland Security and Government Affairs in the Senate a report that
includes the following:
(1) Findings for each of the elements specified in
subsection (b).
(2) Recommendations to address security gaps, improve
incident response efforts, and prevent similar cyber incidents.
(3) Any areas where the Director lacked the information
necessary to fully review and assessment such elements, the
reason the information necessary was unavailable, and
recommendations to close such informational gaps.
(d) GAO Report on Cyber Safety Review Board.--Not later than one
year after the date of the enactment of this Act, the Comptroller
General of the United States shall evaluate the activities of the Cyber
Safety Review Board established pursuant to Executive Order 14028
(Improving the Nation's Cybersecurity (May 12, 2021)), with a focus on
the Board's inaugural review announced in February 2022, and assess
whether the Board has the authorities, resources, and expertise
necessary to carry out its mission of reviewing and assessing
significant cyber incidents.
SEC. 5214. CISA DIRECTOR APPOINTMENT AND TERM.
Subsection (b) of section 2202 of the Homeland Security Act of 2002
(6 U.S.C. 652) is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``The Director shall be appointed by the
President, by and with the advice and consent of the Senate.'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Term.--Effective with respect to an individual
appointed pursuant to paragraph (1) after the date of the
enactment of this paragraph, the term of office of such an
individual so appointed shall be five years. The term of office
of the individual serving as the Director on the day before
such date of enactment shall be five years beginning from the
date on which such Director began serving.''.
SEC. 5215. DEPARTMENT OF HOMELAND SECURITY REPORT RELATING TO
ESTABLISHMENT OF PRECLEARANCE FACILITY IN TAIWAN.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
in consultation with the Secretary of Commerce, shall submit to
the appropriate congressional committees a report that includes
an assessment of establishing a preclearance facility in
Taiwan.
(2) Elements.--The assessment required under paragraph (1)
shall include the following:
(A) An assessment with respect to the feasibility
and advisability of establishing a CBP Preclearance
facility in Taiwan.
(B) An assessment with respect to the national
security, homeland security, and law enforcement
benefits of establishing a CBP Preclearance facility in
Taiwan.
(C) An assessment of the impacts preclearance
operations in Taiwan will have with respect to--
(i) trade and travel, including impacts on
passengers traveling to the United States; and
(ii) CBP staffing.
(D) Country-specific information relating to--
(i) anticipated benefits to the United
States; and
(ii) security vulnerabilities associated
with such preclearance operations.
(b) Definitions.--In this section--
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security, the
Committee on Financial Services, and the Committee on
Ways and Means of the House of Representatives; and
(B) the Committee on Commerce, Science, and
Transportation, the Committee on Finance, and the Joint
Committee on Taxation of the Senate.
(2) The term ``CBP'' means U.S. Customs and Border
Protection.
SEC. 5216. HUMAN TRAFFICKING TRAINING.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 is amended by inserting after section 884 (6 U.S.C. 464)
the following new section:
``SEC. 884A. HUMAN TRAFFICKING TRAINING.
``(a) In General.--The Director of the Federal Law Enforcement
Training Centers (FLETC) is authorized, in accordance with this
section, to establish a human trafficking awareness training program
within the Federal Law Enforcement Training Centers.
``(b) Training Purposes.--The human trafficking awareness training
program referred to in subsection (a), shall, if established, provide
to State, local, Tribal, territorial, and educational institution law
enforcement personnel training courses relating to the following:
``(1) An in-depth understanding of the definition of human
trafficking.
``(2) An ability to recognize indicators of human
trafficking.
``(3) Information on industries and common locations known
for human trafficking.
``(4) Human trafficking response measures, including a
victim-centered approach.
``(5) Human trafficking reporting protocols.
``(6) An overview of Federal statutes and applicable State
law related to human trafficking.
``(7) Additional resources to assist with suspected human
trafficking cases, as necessary.
``(c) Integration With Existing Programs.--To the extent
practicable, human trafficking awareness training, including principles
and learning objectives, should be integrated into other training
programs operated by the Federal Law Enforcement Training Centers.
``(d) Coordination.--The Director of FLETC, or the designee of such
Director, shall coordinate with the Director of the Department's Blue
Campaign, or the designee of such Director, in the development and
delivery of human trafficking awareness training programs.
``(e) Human Trafficking Defined.--In this section, the term `human
trafficking' means an act or practice described in paragraph (11) or
(12) of section 103 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102).
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $2,300,000 for each of fiscal years 2023 through 2028.''.
(b) Technical Amendment.--Subsection (a) of section 434 of the
Homeland Security Act of 2002 (6 U.S.C. 242) is amended by striking
``paragraph (9) or (10)'' and inserting ``paragraph (11) or (12)''.
(c) 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 884 the following new item:
``Sec. 884A. Human trafficking training.''.
TITLE LIII--TRANSPORTATION AND INFRASTRUCTURE MATTERS
SEC. 5301. 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)
shall apply to officers and enlisted members that--
(1) have retired from the Coast Guard before the date of
enactment of this Act;
(2) voluntarily separated from service before the date of
enactment of this Act; or
(3) are serving in the Coast Guard on or after the date of
enactment of this Act.
SEC. 5302. ACQUISITION OF ICEBREAKER.
(a) In General.--The Commandant of the Coast Guard may acquire or
procure an available icebreaker.
(b) Exemptions From Requirements.--Sections 1131, 1132, 1133, and
1171 of title 14, United States Code, shall not apply to an acquisition
or procurement under subsection (a).
(c) Available Icebreaker Defined.--In this section, the term
``available icebreaker'' means a vessel that--
(1) is capable of--
(A) supplementing United States Coast Guard polar
icebreaking capabilities;
(B) projecting United States sovereignty;
(C) carrying out the primary duty of the Coast
Guard described in section 103(7) of title 14, United
States Code; and
(D) collecting hydrographic, environmental, and
climate data; and
(2) is documented with a coastwise endorsement under
chapter 121 of title 46, United States Code.
(d) Authorization of Appropriations.--Of the amounts authorized
under section 4902 of title 14, United States Code, as amended by this
Act, for fiscal year 2023 up to $150,000,000 is authorized for the
acquisition or procurement of an available icebreaker.
SEC. 5303. DEPARTMENT OF DEFENSE CIVILIAN PILOTS.
(a) Eligibility for Certain Ratings.--Not later than 18 months
after the date of the enactment of this Act, the Administrator of the
Federal Aviation Administration shall revise section 61.73 of title 14,
Code of Federal Regulations, to ensure that a Department of Defense
civilian pilot is eligible for a rating based on qualifications earned
as a Department of Defense pilot, pilot instructor, or pilot examiner
in the same manner that a military pilot is eligible for such a rating
based on qualifications earned as a military pilot, pilot instructor,
or pilot examiner.
(b) Definitions.--In this section:
(1) Department of defense civilian pilot.--
(A) In general.--The term ``Department of Defense
civilian pilot'' means an individual, other than a
military pilot, who is employed as a pilot by the
Department of Defense.
(B) Exclusion.--The term ``Department of Defense
civilian pilot'' does not include a contractor of the
Department of Defense.
(2) Military pilot.--The term ``military pilot'' means a
military pilot, as such term is used in section 61.73 of title
14, Code of Federal Regulations (as in effect on the day before
the date of the enactment of this Act).
SEC. 5304. PILOT PROGRAM FOR SPACEFLIGHT RECOVERY OPERATIONS AT SEA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States has the most advanced commercial
space industry in the world;
(2) the United States domestic space sector creates jobs,
demonstrates American global technological leadership, and is
critical to the national defense; and
(3) the reliable, safe, and secure at-sea recovery of
spaceflight components is necessary to sustain and further
develop the commercial space enterprise, which is of vital
importance to the national and economic security of the United
States.
(b) Establishment.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall establish and
conduct a pilot program to oversee the operation and monitoring
of remotely-controlled or unmanned spaceflight recovery vessels
or platforms by eligible entities to--
(A) better understand the complexities of such
operation and monitoring and potential risks to
navigation safety and maritime workers;
(B) gather observational and performance data from
monitoring the use of remotely-controlled or unmanned
spaceflight recovery vessels and platforms; and
(C) assess and evaluate regulatory alternatives to
guide the development of routine operation and
monitoring of remotely-controlled or unmanned
spaceflight recovery vessels and platforms.
(2) Requirements.--In conducting the pilot program
established under this section, the Secretary shall--
(A) ensure that authority provided under this
section is necessary to ensure the life and safety of
licensed and unlicensed maritime workers and other non-
vessel operating personnel involved during operations
regulated under this section; and
(B) consider experience and knowledge gained
pursuant to implementation of the pilot program
authorized under section 8343 of the Elijah E. Cummings
Coast Guard Authorization Act of 2020 (46 U.S.C. 70034
note).
(c) Authorized Activities.--
(1) In general.--In conducting the pilot program under this
section, the Secretary may allow an eligible entity to--
(A) carry out remote over-the-horizon monitoring
operations related to the active recovery of
spaceflight components at sea on a remotely-controlled
or unmanned spaceflight recovery vessel or platform;
(B) develop procedures for the operation and
monitoring of remotely-controlled or unmanned
spaceflight recovery vessels or platforms;
(C) carry out unmanned spaceflight recovery vessel
transits and testing operations without a physical tow
line; and
(D) carry out any other activities the Secretary
determines to be in the interest of furthering the
development of operations to recover spaceflight
components at sea, including the use of remotely-
controlled or unmanned vessels specifically designed,
built, and used for domestic spaceflight recovery
operations.
(2) Prohibition.--In conducting the pilot program under
this section, the Secretary may not allow an eligible entity to
operate a remotely-controlled or unmanned spaceflight recovery
vessel without a physical tow line within 12 nautical miles of
a port.
(d) Interim Authority.--In recognition of potential risks to
navigation safety and unique circumstances requiring the use of
remotely operated or unmanned spaceflight recovery vessels or platforms
for recovery of spaceflight components at sea, and in carrying out the
pilot program under this section, the Secretary is authorized to--
(1) allow such recovery operations to proceed consistent
with the authorities of the Secretary under navigation and
manning laws and regulations; and
(2) modify applicable regulations and guidance as the
Secretary considers appropriate to--
(A) allow the recovery of spaceflight components at
sea to occur while ensuring navigation safety in
recovery areas; and
(B) ensure the reliable, safe, and secure operation
of remotely controlled or unmanned spaceflight recovery
vessels and platforms.
(e) Duration.--The pilot program established under this section
shall terminate on the day that is 5 years after the date on which the
pilot program is established.
(f) Prohibition on Rulemaking.--
(1) In general.--During the covered period, and except as
provided in paragraph (2), the Secretary may not propose,
issue, or implement a rule regarding the integration of
automated and autonomous commercial vessels and vessel
technologies, including artificial intelligence, into the
United States maritime transportation system.
(2) Non-application.--The prohibition authorized under
paragraph (1) shall not apply to a rule that is--
(A) related to activities carried out under this
section; and
(B) initiated due to a matter of national security,
an emergency, or to prevent the imminent loss of life
and property at sea.
(3) Covered period defined.--In this subsection, the term
``covered period'' means the period beginning on the date of
enactment of this Act and ending on the later of--
(A) the date on which the International Maritime
Organization adopts a regulatory regime including
international standards to govern the use and operation
of automated and autonomous commercial vessels and
vessel technologies for commercial waterborne
transportation; or
(B) the date on which the pilot program terminates
under subsection (e).
(g) Briefings.--Upon the request of the Committee on Transportation
and Infrastructure of the House of Representatives or the Committee on
Commerce, Science, and Transportation of the Senate, the Commandant of
the Coast Guard shall brief either such committee on the pilot program
established under this section.
(h) Report.--Not later than 180 days after the termination of the
pilot program under subsection (e), 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 final report describing the execution of
such pilot program and recommendations for maintaining navigation
safety and the safety of maritime workers in spaceflight recovery
areas.
(i) Rule of Construction.--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, or 55111 of title 46, United States Code.
(j) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means
any company engaged in the recovery of spaceflight components
at sea.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
SEC. 5305. PORT INFRASTRUCTURE DEVELOPMENT GRANTS.
(a) In General.--From amounts appropriated for port infrastructure
development grants under section 54301(a) of title 46, United States
Code, after the date of enactment of this Act for each of fiscal years
2023 through 2027, 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 passenger
vessels described in section 3507(k) of title 46, United States Code.
SEC. 5306. 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. 5307. 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.''.
(b) Gao Review of a Final Rule.--
(1) In general.--The Comptroller General 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 the
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. 5308. 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
317 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.
5174a) and any changes made to such processes.
SEC. 5309. MENSTRUAL PRODUCTS IN PUBLIC BUILDINGS.
(a) Requirement.--Each appropriate authority shall ensure that
menstrual products are stocked in, and available free of charge in,
each covered restroom in each covered public building under the
jurisdiction of such authority.
(b) Definitions.--In this section:
(1) Appropriate authority.--The term ``appropriate
authority'' means the head of a Federal agency, the Architect
of the Capitol, or other official authority responsible for the
operation of a covered public building.
(2) Covered public building.--The term ``covered public
building'' means a public building, as defined in section 3301
of title 40, United States Code, that is open to the public and
contains a public restroom, and includes a building listed in
section 6301 or 5101 of such title.
(3) Covered restroom.--The term ``covered restroom'' means
a restroom in a covered public building, except for a restroom
designated solely for use by men.
(4) Menstrual products.--The term ``menstrual products''
means sanitary napkins and tampons that conform to applicable
industry standards.
SEC. 5310. FLY AMERICA ACT EXCEPTION.
Section 40118 of title 49, United States Code, is amended by adding
at the end the following:
``(h) Certain Transportation of Domestic Animals.--
``(1) In general.--Notwithstanding subsections (a) and (c),
an appropriation to any department, agency, or instrumentality
of the United States Government may be used to pay for the
transportation of a Peace Corps volunteer or an officer,
employee, or member of the uniformed services of any such
department, agency, or instrumentality, a dependent of the
Peace Corps volunteer, officer, employee, or member, and in-
cabin or accompanying checked baggage, by a foreign air carrier
when--
``(A) the transportation is from a place--
``(i) outside the United States to a place
in the United States;
``(ii) in the United States to a place
outside the United States; or
``(iii) outside the United States to
another place outside the United States; and
``(B) no air carrier holding a certificate under
section 41102 is willing and able to transport up to
three domestic animals accompanying such Peace Corps
volunteer, officer, employee, member, or dependent.
``(2) Limitation.--An amount paid pursuant to paragraph (1)
for transportation by a foreign carrier may not be greater than
the amount that would otherwise have been paid had the
transportation been on an air carrier holding a certificate
under section 41102 had that carrier been willing and able to
provide such transportation. If the amount that would otherwise
have been paid to such an air carrier is less than the cost of
transportation on the applicable foreign carrier, the Peace
Corps volunteer, officer, employee, member may pay the
difference of such amount.
``(3) Definition.--In this subsection:
``(A) Domestic animal.--The term `domestic animal'
means a dog or a cat.
``(B) Peace corps volunteer.--The term `Peace Corps
volunteer' means an individual described in section
5(a) of the Peace Corps Act (22 U.S.C. 2504(a)).''.
SEC. 5311. AQUA ALERT NOTIFICATION SYSTEM PILOT PROGRAM.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Commandant of the Coast Guard 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.--The pilot program established under
subsection (a) shall, to the maximum extent possible--
(1) include a voluntary opt-in program under which members
of the public 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 be limited
to the geographic areas most likely to facilitate the rendering
of aide to distressed individuals.
(c) Consultation With Other Agencies, States, Territories, and
Political Subdivisions.--In developing the pilot program under
subsection (a), the Commandant shall consult any relevant Federal
agency, State, Territory, Tribal government, possession, or political
subdivision.
(d) Report to Congress.--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 Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, and make available
to the public, a report on the implementation of this Act.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this Act $3,000,000 to the Commandant for each of
fiscal years 2023 through 2026.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) shall remain available until expended.
SEC. 5312. 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.
SEC. 5313. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended--
(1) by redesignating paragraphs (33), (34), (35), and (36)
as paragraphs (34), (35), (36), and (37), respectively; and
(2) by inserting after paragraph (32) the following:
``(33) Transportation demand management.--The term
`transportation demand management' means the use of strategies
to inform and encourage travelers to maximize the efficiency of
a transportation system, leading to improved mobility, reduced
congestion, and lower vehicle emissions, including strategies
that use planning, programs, policies, marketing,
communications, incentives, pricing, data, and technology.''.
SEC. 5314. PERMITTING USE OF HIGHWAY TRUST FUND FOR CONSTRUCTION OF
CERTAIN NOISE BARRIERS.
(a) In General.--Section 339(b) of the National Highway System
Designation Act of 1995 (23 U.S.C. 109 note) is amended to read as
follows:
``(1) General rule.--No funds made available out of the
Highway Trust Fund may be used to construct a Type II noise
barrier (as defined by section 772.5 of title 23, Code of
Federal Regulations) pursuant to subsections (h) and (i) of
section 109 of title 23, United States Code.
``(2) Exceptions.--Paragraph (1) shall not apply to
construction or preservation of a Type II noise barrier if such
a barrier--
``(A) was not part of a project approved by the
Secretary before November 28, 1995;
``(B) is proposed along lands that were developed
or were under substantial construction before approval
of the acquisition of the rights-of-ways for, or
construction of, the existing highway; or
``(C) as determined and applied by the Secretary,
separates a highway or other noise corridor from a
group of structures of which the majority of such
structures closest to the highway or noise corridor--
``(i) are residential in nature; and
``(ii) are at least 10 years old as of the
date of the proposal of the barrier project.''.
(b) Eligibility for Surface Transportation Block Grant Funds.--
Section 133 of title 23, United States Code, is amended--
(1) in subsection (b) by adding at the end the following:
``(25) Planning, design, preservation, or construction of a
Type II noise barrier (as described in section 772.5 of title
23, Code of Federal Regulations) and consistent with the
requirements of section 339(b) of the National Highway System
Designation Act of 1995 (23 U.S.C. 109 note).''; and
(2) in subsection (c)(2) by striking ``and paragraph (23)''
and inserting ``, paragraph (23), and paragraph (25)''.
(c) Multipurpose Noise Barriers.--
(1) In general.--The Secretary of Transportation shall
ensure that a noise barrier constructed or preserved under
section 339(b) of the National Highway System Designation Act
of 1995 (23 U.S.C. 109 note) or with funds made available under
title 23, United States Code, may be a multipurpose noise
barrier.
(2) State approval.--A State, on behalf of the Secretary,
may approve accommodation of a secondary beneficial use on a
noise barrier within a right-of-way on a Federal-aid highway.
(3) Definitions.--In this subsection:
(A) Multipurpose noise barrier.--The term
``multipurpose noise barrier'' means any noise barrier
that provides a secondary beneficial use, including a
barrier that hosts or accommodates renewable energy
generation facilities, electrical transmission and
distribution infrastructure, or broadband
infrastructure and conduit.
(B) Secondary beneficial use.--The term ``secondary
beneficial use'' means an environmental, economic, or
social benefit in addition to highway noise mitigation.
(d) Aesthetics.--A project sponsor constructing or preserving a
noise barrier under section 339(b) of the National Highway System
Designation Act of 1995 (23 U.S.C. 109 note) or with funds made
available under title 23, United States Code, shall consider the
aesthetics of the proposed noise barrier, consistent with latest
version of the Noise Barrier Design Handbook published by the Federal
Highway Administration of the Department of Transportation.
SEC. 5315. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL COMMISSION.
(a) Establishment.--Section 15301(a) of title 40, United States
Code, is amended by adding at the end the following:
``(4) The Southern New England Regional Commission.''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of such title
is amended by adding at the end the following:
``Sec. 15734. Southern New England Regional Commission
``The region of the Southern New England Regional Commission shall
include the following counties:
``(1) Rhode island.--Each county in the State of Rhode
Island.
``(2) Connecticut.--The counties of Hartford, New Haven,
Windham, Tolland, Middlesex, and New London in the State of
Connecticut.
``(3) Massachusetts.--The counties of Hampden, Plymouth,
Barnstable, Essex, Worcester, and Bristol in the State of
Massachusetts.''.
(2) Technical and conforming amendment.--The analysis for
Subchapter II of chapter 157 of such title is amended by adding
at the end the following:
``15734. Southern New England Regional Commission.''.
(c) Authorization of Appropriations.--The authorization of
appropriations in section 15751 of title 40, United States Code, shall
apply with respect to the Southern New England Regional Commission
beginning with fiscal year 2023.
SEC. 5316. CRITICAL DOCUMENT FEE WAIVER.
Section 1238(a) of the Disaster Recovery Reform Act of 2018 (42
U.S.C. 5174b) is amended--
(1) in paragraph (2), by striking ``applies regardless''
and inserting ``and the requirement of the President to waive
fees under paragraph (4) apply regardless'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Mandatory automatic waiver.--The President, in
consultation with the Governor of a State, shall automatically
provide a fee waiver described in paragraph (1) to an
individual or household that has been adversely affected by a
major disaster declared under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170)--
``(A) for which the President provides assistance
to individuals and households under section 408 of that
Act (42 U.S.C. 5174); and
``(B) that destroyed a critical document described
in paragraph (1) of the individual or household.''.
SEC. 5317. DISADVANTAGED BUSINESS ENTERPRISES.
Section 11101(e)(2)(A) of the Infrastructure Investment and Jobs
Act (Public Law 117-58) is amended to read as follows:
``(A) Small business concern.--The term `small
business concern' means a small business concern (as
the term is used in section 3 of the Small Business Act
(15 U.S.C. 632)).''.
SEC. 5318. 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) Sustainability infrastructure, including the
following:
(i) Carbon emission reduction technology.
(ii) On-site green refueling stations.
(iii) Disaster preparedness.
(C) Disaster preparedness, including with respect
to cyber attacks, weather events, and terrorist
attacks.
(D) 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. 5319. REPORT ON IMPROVING COUNTERTERRORISM SECURITY AT PASSENGER
RAIL STATIONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Homeland Secretary, in consultation with
the Secretary of Transportation and State, local, Tribal, and
territorial governments, passenger rail station owners and operators,
State and local transportation entities, and other agencies or
stakeholders as determined appropriate by the Secretary, shall submit
to the appropriate congressional committees a report on the 5 largest
passenger rail stations by annual ridership and a representative sample
of 8 other-sized passenger rail stations that contains the following:
(1) An analysis of the effectiveness of counterterrorism
measures implemented in each passenger rail station to include
prevention systems, including--
(A) surveillance systems, including cameras, and
physical law enforcement presence;
(B) response systems including--
(i) evacuation systems to allow passengers
and workers to egress the stations, mezzanines,
and rail cars;
(ii) fire safety measures, including
ventilation and fire suppression systems; and
(iii) public alert systems; and
(C) recovery systems, including coordination with
State and Federal agencies.
(2) A description of any actions taken as a result of the
analysis conducted under paragraph (1).
(3) Recommendations, as appropriate, for passenger rail
station owners and operators, and State and local
transportation entities to improve counterterrorism measures
outlined in paragraph (1).
(4) Proposals, as appropriate, for legislative actions and
funding needed to improve counterterrorism measures.
(b) Report Format.--The report described in subsection (a) shall be
submitted in unclassified form, but information that is sensitive or
classified shall be included as a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Homeland Security of the House of Representatives, the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the Senate, and
the Committee on Homeland Security and Governmental Affairs of the
Senate.
SEC. 5320. EXTREME WEATHER EVENTS.
(a) Definitions.--
(1) In general.--Section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133)
is amended--
(A) by amending subsection (a) to read as follows:
``(a) Definition of Underserved Community.--In this section, the
term `underserved community' means a community, or a neighborhood
within a community, that--
``(1) is classified as high risk according to census tract
risk ratings derived from a product that--
``(A) is maintained under a natural hazard
assessment program;
``(B) is available to the public;
``(C) defines natural hazard risk across the United
States;
``(D) reflects high levels of individual hazard
risk ratings;
``(E) reflects high social vulnerability ratings
and low community resilience ratings;
``(F) reflects the principal natural hazard risks
identified for the respective census tracts; and
``(G) any other elements determined by the
President.
``(2) is comprised of 50,000 or fewer individuals and is
economically disadvantaged, as determined by the State in which
the community is located and based on criteria established by
the President; or
``(3) is otherwise determined by the President based on
factors including, high housing cost burden and substandard
housing, percentage of homeless population, limited water and
sanitation access, demographic information such as race, age,
and disability, language composition, transportation access or
type, disproportionate environmental stressor burden, and
disproportionate impacts from climate change.'';
(B) in subsection (g)(9) by striking ``small
impoverished communities'' and inserting ``underserved
communities''; and
(C) in subsection (h)(2)--
(i) in the heading by striking ``Small
impoverished communities'' and inserting
``Underserved communities''; and
(ii) by striking ``small impoverished
community'' and inserting ``underserved
community''.
(2) Applicability.--The amendments made by subsection (a)
shall apply with respect to any amounts appropriated on or
after the date of enactment of this Act.
(b) Guidance on Extreme Temperature Events.--Not later than 1 year
after the date of enactment of this Act, the Administrator of the
Federal Emergency Management Administration shall issue guidance
related to extreme temperature events, including heat waves and
freezes, and publish such guidance in the Federal Emergency Management
Administration Public Assistance Program and Policy Guide.
(c) Hazard Mitigation Plans.--Section 322 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) is
amended--
(1) in subsection (a) by striking the period at the end and
inserting ``, including--
``(1) identifying the extent to which resilience is or will
be incorporated into other planning processes, including
community land use, economic development, capital improvement
budgets and transportation planning processes;
``(2) goals and objectives related to increasing resilience
over a 5-year period, including benchmarks for future work and
an assessment of past progress;
``(3) the building codes in existence at the time the plan
is submitted and standards that are in use by the State for all
manner of planning or development purposes and how the State
has or will comply with the standards set forth in section
406(e)(1)(A);
``(4) the use of nature-based solutions or other mitigation
activities that conserve or restore natural features that can
serve to abate or lessen the impacts of future disasters;
``(5) integration of each local mitigation plan with the
State, Indian Tribe, or territory plan; and
``(6) the disparate impacts on underserved communities (as
such term is defined in section 203(a)) and plans to address
any disparities.''; and
(2) by adding at the end the following:
``(f) Guidance.--The Administrator of the Federal Emergency
Management Agency shall issue specific guidance on resilience goals and
provide technical assistance for States, Indian Tribes, territories,
and local governments to meet such goals.
``(g) Adequate Staffing.--The Administrator of the Federal
Emergency Management Agency shall ensure that ample staff are available
to develop the guidance and technical assistance under section 322,
including hazard mitigation planning staff and personnel with expertise
in community planning, land use development, and consensus based codes
and hazard resistant designs at each regional office that specifically
focus on providing financial and non-financial direct technical
assistance to States, Indian Tribes, and territories.
``(h) Reporting.--Not less frequently than every 5 years, the
Administrator shall submit to Congress a report on the progress of
meeting the goals under this section.''.
(d) Additional Uses of Funds.--Section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174)
is amended by adding at the end the following:
``(k) Additional Uses of Funds.--For State and local governments
that have exceeded, adopted, or are implementing the latest two
published editions of relevant consensus-based codes, specifications,
and standards that incorporate the latest hazard-resistant designs and
establish minimum acceptable criteria for the design, construction, and
maintenance of residential structures and facilities, a recipient of
assistance provided under this paragraph may use such assistance in a
manner consistent with the standards set forth in clauses (ii) and
(iii) of section 406(e)(1)(A).''.
(e) Collaboration With Other Agencies.--In awarding grants under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Administrator of the Federal Emergency
Management Agency may coordinate with other relevant agencies,
including the Environmental Protection Agency, the Department of
Energy, the Department of Transportation, the Corps of Engineers, the
Department of Agriculture, and the Department of Housing and Urban
Development, as necessary, to improve collaboration for eligible
activities under the Act.
(f) GAO Reports.--
(1) Extreme temperature events.--Not later than 1 year
after the date of enactment of this Act, and every 5 years
thereafter, the Comptroller General of the United States shall
evaluate and issue to Congress and the Federal Emergency
Management Agency a report regarding the impacts of extreme
temperatures events on communities, the challenges posed to the
Federal Emergency Management Agency in addressing extreme
temperature events, and recommendations for the Federal
Emergency Management Agency to better provide assistance to
communities experiencing extreme temperature events. The report
may also include examples of specific mitigation and resilience
projects that communities may undertake, and the Federal
Emergency Management Agency may consider, to reduce the impacts
of extreme temperatures on and within building structures,
participatory processes that allow for public engagement in
determining and addressing local risks and vulnerabilities
related to extreme temperatures events, and community
infrastructure, including heating or cooling shelters.
(2) Smoke and indoor air quality.--Not later than 1 year
after the date of enactment of this Act, and every 5 years
thereafter, the Comptroller General shall evaluate and issue to
Congress and the Federal Emergency Management Agency a report
regarding the impacts of wildfire smoke and poor indoor air
quality, the challenges posed to Federal Emergency Management
Agency in addressing wildfire smoke and indoor air quality, and
recommendations for the Federal Emergency Management Agency to
better provide assistance to communities and individuals in
dealing with wildfire smoke and indoor air quality.
(g) Report Congress and Update of Cost Effectiveness Determinations
and Declarations.--
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency, in coordination with the Director
of the Office of Management and Budget, shall submit to
Congress a report regarding the challenges posed by the
Agency's requirements for declaring an incident or determining
the cost effectiveness of mitigation activities and
specifically how such requirements may disproportionately
burden small impoverished communities, or specific vulnerable
populations within communities.
(2) Update of cost effectiveness determination.--Not later
than 5 years after the date of enactment of this Act, the
Administrator, to the extent practicable, shall update the
requirements for determining cost effectiveness and declaring
incidents, including selection of appropriate interest rates,
based on the findings made under subsection (a).
SEC. 5321. 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 2021'' and inserting ``fiscal year 2023''; and
(2) in subsection (b) by striking ``2702(1)'' and inserting
``4902(1)''.
SEC. 5322. EXTENSION.
Section 1246 of the Disaster Recovery Reform Act of 2018 is
amended--
(1) by striking ``3 years'' and inserting ``4 \1/2\
years''; and
(2) by inserting ``and every 3 months thereafter,'' before
``the Administrator shall submit''.
SEC. 5323. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE
TRAINING AND EDUCATION.
(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 a
covered training entity as a center of excellence for domestic maritime
workforce training and education.'';
(2) by striking subsection (b) and inserting the following:
``(b) Grant Program.--
``(1) In general.--The Secretary may award maritime career
training grants to centers of excellence designated under
subsection (a) for the purpose of developing, offering, or
improving educational or career training programs for American
workers related to the United States maritime industry.
``(2) Required information.--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 for which the grant
proposal is submitted, including the manner in which
the grant will be used to develop, offer, or improve an
educational or career 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
educational or career training programs;
``(D) how the grant would address shortcomings in
existing educational and 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, the Secretary shall award a grant under
this subsection based on--
``(A) a determination of the merits of the grant
proposal submitted by the center of excellence
designated under subsection (a) to develop, offer, or
improve educational or career 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 educational or
career training program that the center of excellence
designated under subsection (a) proposes to develop,
offer, or improve; and
``(C) an evaluation of prior demand for training
programs by workers served by the 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 a center 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 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 Administrator
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
shall not be eligible for grants under this subsection
in the same fiscal year.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $30,000,000.'';
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; and
``(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 1 or more other structured
experiential learning training programs for
American 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 1
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
(B) by adding at the end the following:
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(4) 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,
including energy activities conducted under the Outer
Continental Shelf Lands Act(43 U.S.C. 1331 et seq.);
``(C) non-commercial maritime activities,
including--
``(i) recreational boating; and
``(ii) oceanographic and limnological
research as described in section 2101(24).''.
(b) Public Report.--Not later than December 15 in each of calendar
years 2022 through 2024, the Secretary of Transportation shall make
available on a publicly available website a report and 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--
(1) describing each grant awarded under this subsection
during the preceding fiscal year; and
(2) assessing the impact of each award of a grant under
this subsection in a fiscal year preceding the fiscal year
referred to in subparagraph (A) on workers receiving training.
(c) Guidelines.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall--
(1) promulgate guidelines for the submission of grant
proposals under section 51706(b) of title 46, United States
Code (as amended by this section); 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 appropriated 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 this 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. 5324. DUPLICATION OF BENEFITS.
Section 312(b)(4) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155(b)(4)) is amended by adding at
the end the following:
``(D) Limitation on use of income criteria.--In
carrying out subparagraph (A), the President may not
impose additional income criteria on a potential grant
recipient who has accepted a qualified disaster loan in
determining eligibility for duplications of benefit
relief.''.
SEC. 5325. FLIGHT INSTRUCTION OR TESTING.
(a) In General.--An authorized flight instructor providing student
instruction, flight instruction, or flight training shall not be deemed
to be operating an aircraft carrying persons or property for
compensation or hire.
(b) Authorized Additional Pilots.--An individual acting as an
authorized additional pilot during Phase I flight testing of aircraft
holding an experimental airworthiness certificate, in accordance with
section 21.191 of title 14, Code of Federal Regulations, and meeting
the requirements set forth in Federal Aviation Administration
regulations and policy in effect as of the date of enactment of this
section, shall not be deemed to be operating an aircraft carrying
persons or property for compensation or hire.
(c) Use of Aircraft.--An individual who uses, causes to use, or
authorizes to use aircraft for flights conducted under subsection (a)
or (b) shall not be deemed to be operating an aircraft carrying persons
or property for compensation or hire.
(d) Revision of Rules.--The requirements of this section shall
become effective upon the date of enactment. The Administrator of the
Federal Aviation Administration shall issue, revise, or repeal the
rules, regulations, guidance, or procedures of the Federal Aviation
Administration to conform to the requirements of this section.
SEC. 5326. HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding
at the end the following:
``SEC. 219. HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.
``(a) Definitions.--In this section:
``(1) Broadband project.--The term `broadband project'
means, for the purpose of providing, extending, expanding, or
improving high-speed broadband service to further the goals of
this Act--
``(A) planning, technical assistance, or training;
``(B) the acquisition or development of land; or
``(C) the acquisition, design and engineering,
construction, rehabilitation, alteration, expansion, or
improvement of facilities, including related machinery,
equipment, contractual rights, and intangible property.
``(2) Eligible recipient.--
``(A) In general.--The term `eligible recipient'
means an eligible recipient.
``(B) Inclusions.--The term `eligible recipient'
includes--
``(i) a public-private partnership; and
``(ii) a consortium formed for the purpose
of providing, extending, expanding, or
improving high-speed broadband service between
1 or more eligible recipients and 1 or more
for-profit organizations.
``(3) High-speed broadband.--The term `high-speed
broadband' means the provision of 2-way data transmission with
sufficient downstream and upstream speeds to end users to
permit effective participation in the economy and to support
economic growth, as determined by the Secretary.
``(b) Broadband Projects.--
``(1) In general.--On the application of an eligible
recipient, the Secretary may make grants under this title for
broadband projects, which shall be subject to the provisions of
this section.
``(2) Considerations.--In reviewing applications submitted
under paragraph (1), the Secretary shall take into
consideration geographic diversity of grants allocated,
including consideration of underserved markets, in addition to
data requested in paragraph (3).
``(3) Data requested.--In reviewing an application
submitted under paragraph (1), the Secretary shall request from
the Federal Communications Commission, the Administrator of the
National Telecommunications and Information Administration, the
Secretary of Agriculture, and the Appalachian Regional
Commission data on--
``(A) the level and extent of broadband service
that exists in the area proposed to be served; and
``(B) the level and extent of broadband service
that will be deployed in the area proposed to be served
pursuant to another Federal program.
``(4) Interest in real or personal property.--For any
broadband project carried out by an eligible recipient that is
a public-private partnership or consortium, the Secretary shall
require that title to any real or personal property acquired or
improved with grant funds, or if the recipient will not acquire
title, another possessory interest acceptable to the Secretary,
be vested in a public partner or eligible nonprofit
organization or association for the useful life of the project,
after which title may be transferred to any member of the
public-private partnership or consortium in accordance with
regulations promulgated by the Secretary.
``(5) Procurement.--Notwithstanding any other provision of
law, no person or entity shall be disqualified from competing
to provide goods or services related to a broadband project on
the basis that the person or entity participated in the
development of the broadband project or in the drafting of
specifications, requirements, statements of work, or similar
documents related to the goods or services to be provided.
``(6) Broadband project property.--
``(A) In general.--The Secretary may permit a
recipient of a grant for a broadband project to grant
an option to acquire real or personal property
(including contractual rights and intangible property)
related to that project to a third party on such terms
as the Secretary determines to be appropriate, subject
to the condition that the option may only be exercised
after the Secretary releases the Federal interest in
the property.
``(B) Treatment.--The grant or exercise of an
option described in subparagraph (A) shall not
constitute a redistribution of grant funds under
section 217.
``(c) Non-Federal Share.--In determining the amount of the non-
Federal share of the cost of a broadband project, the Secretary may
provide credit toward the non-Federal share for the present value of
allowable contributions over the useful life of the broadband project,
subject to the condition that the Secretary may require such assurances
of the value of the rights and of the commitment of the rights as the
Secretary determines to be appropriate.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121
note; Public Law 89-136) is amended by inserting after the item
relating to section 218 the following:
``Sec. 219. High-speed broadband deployment initiative.''.
TITLE LIV--FINANCIAL SERVICES MATTERS
Subtitle A--In General
SEC. 5401. SERVICES THAT OPEN PORTALS TO DIRTY MONEY ACT.
(a) Short Title.--This section may be cited as the ``Establishing
New Authorities for Businesses Laundering and Enabling Risks to
Security Act'' and the ``ENABLERS Act''.
(b) Findings.--Congress finds the following:
(1) Kleptocrats and other corrupt actors across the world
are increasingly relying on non-bank professional service
providers, including non-bank professional service providers
operating in the United States, to move, hide, and grow their
ill-gotten gains.
(2) In 2003, the Financial Action Task Force, an
intergovernmental body formed by the United States and other
major industrial nations, determined that designated non-
financial businesses and professions should be subject to the
same anti-money laundering and counter-terrorist financing
rules and regulations as financial institutions, including the
requirement to know your customer or client and to perform due
diligence, as well as to file suspicious transaction reports,
referred to as suspicious activity reports or ``SARs'' in the
United States.
(3) In October 2021, the ``Pandora Papers'', the largest
expose of global financial data in history, revealed to a
global audience how the United States plays host to a highly
specialized group of ``enablers'' who help the world's elite
move, hide, and grow their money.
(4) The Pandora Papers described how an adviser to the
former Prime Minister of Malaysia reportedly used affiliates of
a United States law firm to assemble and consult a network of
companies, despite the adviser fitting the ``textbook
definition'' of a high-risk client. The adviser went on to use
his companies to help steal $4.5 billion from Malaysia's public
investment fund in one of ``the world's biggest-ever financial
frauds'', known as 1MDB.
(5) Russian oligarchs have used gatekeepers to move their
money into the United States. For example, a gatekeeper formed
a company in Delaware that reportedly owns a $15 million
mansion in Washington, D.C., that is linked to one of Vladimir
Putin's closest allies. Also, reportedly connected to the
oligarch is a $14 million townhouse in New York City owned by a
separate Delaware company.
(6) The Pandora Papers uncovered over 200 United States-
based trusts across 15 States that held assets of over $1
billion, ``including nearly 30 trusts that held assets linked
to people or companies accused of fraud, bribery, or human
rights abuses''. In particular, South Dakota, Nevada, Delaware,
Florida, Wyoming, and New Hampshire have emerged as global
hotspots for those seeking to hide their assets and minimize
their tax burdens.
(7) In 2016, an investigator with the non-profit
organization Global Witness posed as an adviser to a corrupt
African official and set up meetings with 13 New York City law
firms to discuss how to move suspect funds into the United
States. Lawyers from all but one of the firms provided advice
to the faux adviser, including advice on how to utilize
anonymous companies to obscure the true owner of the assets.
Other suggestions included naming the lawyer as a trustee of an
offshore trust in order to open a bank account, and using the
law firm's escrow account to receive payments.
(8) The autocratic Prime Minister of Iraqi Kurdistan,
reportedly known for torturing and killing journalists and
critics, allegedly purchased a retail store valued at over $18
million in Miami, Florida, with the assistance of a
Pennsylvania-based law firm.
(9) Teodoro Obiang, the vice president of Equatorial Guinea
and son of the country's authoritarian president, embezzled
millions of dollars from his home country, which was then used
to purchase luxury assets in the United States. Obiang relied
on the assistance of two American lawyers to move millions of
dollars of suspect funds through U.S. banks. The lawyers
incorporated five shell companies in California and opened bank
accounts associated with the companies for Obiang's personal
use. The suspect funds were first wired to the lawyers'
attorney-client and firm accounts, then transferred to the
accounts of the shell companies.
(10) An American consulting company reportedly made
millions of dollars working for companies owned or partly owned
by Isabel dos Santos, the eldest child of a former President of
Angola. This included working with Angola's state oil company
when it was run by Isabel dos Santos and helping to ``run a
failing jewelry business acquired with Angolan money''. In
2021, a Dutch tribunal found that Isabel dos Santos and her
husband obtained a $500 million stake in the oil company
through ``grand corruption''.
(11) In December 2021, the United States Government issued
a first-ever ``United States Strategy on Countering
Corruption'', that includes ``Curbing Illicit Finance'' as a
strategic pillar. An express line of effort to advance this
strategic pillar states that: ``Deficiencies in the U.S.
regulatory framework mean various professionals and service
providers--including lawyers, accountants, trust and company
service providers, incorporators, and others willing to be
hired as registered agents or who act as nominees to open and
move funds through bank accounts--are not required to
understand the nature or source of income of their clients or
prospective clients. . .While U.S. law enforcement has
increased its focus on such facilitators, it is both difficult
to prove `intent and knowledge' that a facilitator was dealing
with illicit funds or bad actors, or that they should have
known the same. Cognizant of such constraints, the
Administration will consider additional authorities to cover
key gatekeepers, working with the Congress as necessary to
secure additional authorities''.
(12) This section provides the authorities needed to
require that professional service providers who serve as key
gatekeepers to the U.S. financial system adopt anti-money
laundering procedures that can help detect and prevent the
laundering of corrupt and other criminal funds into the United
States. Absent such authorities, the United States Government
will be unable to adequately protect the U.S. financial system,
identify funds and assets that are the proceeds of corruption,
or support foreign states in their efforts to combat corruption
and promote good governance.
(c) Requirements for Gatekeepers.--
(1) In general.--Section 5312(a)(2) of title 31, United
States Code, as amended by the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021, is
amended--
(A) by redesignating subparagraphs (Z) and (AA) as
subparagraphs (AA) and (BB), respectively; and
(B) by inserting after subparagraph (Y) the
following:
``(Z) any person, excluding any governmental
entity, employee, or agent, who engages in any activity
which the Secretary determines, by regulation pursuant
to section 5337(a), to be the provision, with or
without compensation, of--
``(i) corporate or other legal entity
arrangement, association, or formation
services;
``(ii) trust services;
``(iii) third party payment services; or
``(iv) legal or accounting services that--
``(I) involve financial activities
that facilitate--
``(aa) corporate or other
legal entity arrangement,
association, or formation
services;
``(bb) trust services; or
``(cc) third party payment
services; and
``(II) are not direct payments or
compensation for civil or criminal
defense matters.''.
(2) Requirements for gatekeepers.--Subchapter II of chapter
53 of subtitle IV of title 31, United States Code, is amended
by adding at the end the following:
``Sec. 5337. Requirements for gatekeepers.
``(a) In General.--
``(1) In general.--The Secretary shall, not later than 1
year after the date of the enactment this section, issue a rule
to--
``(A) determine what persons fall within the class
of persons described in section 5312(a)(2)(Z); and
``(B) prescribe appropriate requirements for such
persons.
``(2) Sense of the congress.--It is the sense of the
Congress that when issuing a rule to determine what persons
fall within the class of persons described in section
5312(a)(2)(Z), the Secretary shall design such rule--
``(A) to minimizes burden of such rule and
maximizes the intended outcome of such rule, as
determined by the Secretary; and
``(B) avoid applying additional requirements for
persons that may fall within the class of persons
described in section 5312(a)(2)(Z) but whom are
already, as determined by the Secretary, appropriately
regulated under section 5312.
``(3) Identification of persons.--When determining what
persons fall within the class of persons described in section
5312(a)(2)(Z) the Secretary of the Treasury shall include--
``(A) any person involved in--
``(i) the formation or registration of a
corporation, limited liability company, trust,
foundation, limited liability partnership,
partnership, or other similar entity;
``(ii) the acquisition or disposition of an
interest in a corporation, limited liability
company, trust, foundation, limited liability
partnership, partnership, or other similar
entity;
``(iii) providing a registered office,
address or accommodation, correspondence or
administrative address for a corporation,
limited liability company, trust, foundation,
limited liability partnership, partnership, or
other similar entity;
``(iv) acting as, or arranging for another
person to act as, a nominee shareholder for
another person;
``(v) the managing, advising, or consulting
with respect to money or other assets;
``(vi) the processing of payments;
``(vii) the provision of cash vault
services;
``(viii) the wiring of money;
``(ix) the exchange of foreign currency,
digital currency, or digital assets; or
``(x) the sourcing, pooling, organization,
or management of capital in association with
the formation, operation, or management of, or
investment in, a corporation, limited liability
company, trust, foundation, limited liability
partnership, partnership, or other similar
entity;
``(B) any person who, in connection with filing any
return, directly or indirectly, on behalf of a foreign
individual, trust or fiduciary with respect to direct
or indirect, United States investment, transaction,
trade or business, or similar activities--
``(i) obtains or uses a preparer tax
identification number; or
``(ii) would be required to use or obtain a
preparer tax identification number, if such
person were compensated for services rendered;
``(C) any person acting as, or arranging for
another person to act as, a registered agent, trustee,
director, secretary, partner of a company, a partner of
a partnership, or similar position in relation to a
corporation, limited liability company, trust,
foundation, limited liability partnership, partnership,
or other similar entity; and
``(D) any person, wherever organized or doing
business, that is--
``(i) owned or controlled by a person
described in subparagraphs (A), (B), or (C);
``(ii) acts as an agent of a person
described in subparagraphs (A), (B), or (C); or
``(iii) is an instrumentality of a person
described in subparagraphs (A), (B), or (C).
``(b) Requirements.--The Secretary shall require persons described
in section 5312(a)(3) to do 1 or more of the following--
``(1) identify and verify account holders and functional
equivalents as described in section 5318(l), including by
establishing and maintaining written procedures that are
reasonably designed to enable the person to identify and verify
beneficial owners (as such term is defined in section 5336(a))
of clients;
``(2) maintain appropriate procedures, including the
collection and reporting of such information as the Secretary
may prescribe by regulation, to ensure compliance with this
subchapter and regulations prescribed thereunder or to guard
against corruption, money laundering, the financing of
terrorism, or other forms of illicit finance;
``(3) establish anti-money laundering programs as described
in section 5318(h);
``(4) report suspicious transactions as described in
section 5318(g)(1); and
``(5) establish due diligence policies, procedures, and
controls as described in section 5318(i).
``(c) Limitation on Exemptions.--The Secretary may not delay the
application of any requirement described in this subchapter for any
person described in section 5312(a)(2)(Z) or section 5337(a)(3).
``(d) Extraterritorial Jurisdiction.--Any person described in
section 5312(a)(2)(Z) shall be subject to extraterritorial Federal
jurisdiction with respect to the requirements of this subtitle.
``(e) Enforcement.--
``(1) Random audits.--Beginning on the date that is 1 year
after the date that the Secretary issues a rule to determine
what persons fall within the class of persons described in
section 5312(a)(2)(Z), and on an ongoing basis thereafter, the
Secretary shall conduct random audits of persons that fall
within the class of persons described in section 5312(a)(2)(Z),
in a manner that the Secretary determines appropriate, to
access compliance with this section.
``(2) Reports.--The Secretary shall, not later than 180
days after the conclusion of any calendar year that begins
after the date that is 1 year after the date that the Secretary
issues a rule pursuant to section 5337(a), submit a report to
the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate that--
``(A) describes the results of any random audits
conducted pursuant to paragraph (1) during such
calendar year; and
``(B) includes recommendations for improving the
effectiveness of the requirements imposed under this
section on persons described in section
5312(a)(2)(Z).''.
(3) Effective date.--This section and the amendments made
by this section shall take effect on the date that the
Secretary of the Treasury issues a rule pursuant to section
5537 of title 31 of the United States Code, as added by this
section.
(4) Conforming amendment.--The table of sections in chapter
53 of subtitle IV of title 31, United States Code, is amended
by inserting after the item relating to section 5336 the
following:
``5337. Requirements for gatekeepers.''.
(5) Use of technology to increase efficiency and accuracy
of information.--
(A) In general.--The Secretary of the Treasury,
acting through the Director of the Financial Crimes
Enforcement Network, shall promote the integrity and
timely, efficient collection of information by persons
described in section 5312(a)(2)(Z) of title 31, United
States Code by exploring the use of technologies to--
(i) effectuate the collection,
standardization, transmission, and sharing of
such information as required under section 5337
of title 31, United States Code; and
(ii) minimize the burdens associated with
the collection, standardization, transmission,
and sharing of such information as required
under section 5337 of title 31, United States
Code.
(B) Report.--Not later than 3 years after the date
of the enactment of this subsection, the Director of
the Financial Crimes Enforcement Network shall submit a
report to Committee on Financial Services of the House
of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate that--
(i) describes any findings of the Director
of the Financial Crimes Enforcement with
respect to technologies that may effectuate the
collection, standardization, transmission, and
sharing of such information as required under
section 5337 of title 31, United States Code;
and
(ii) makes recommendations for implementing
such technologies.
(d) Gatekeepers Strategy.--Section 262 of the Countering America's
Adversaries Through Sanctions Act is amended by inserting after
paragraph (10) the following:
``(11) Gatekeeper strategy.--
``(A) In general.--A description of efforts to
impose sufficient anti-money laundering safeguards on
types of persons who serve as gatekeepers.
``(B) Update.--If the updates to the national
strategy required under section 261 have been submitted
to appropriate congressional committees before the date
of the enactment of this paragraph, the President shall
submit to the appropriate congressional committees an
additional update to the national strategy with respect
to the addition of this paragraph not later than 1 year
after the date of the enactment of this paragraph.''.
(e) Agency Coordination and Collaboration.--The Secretary of the
Treasury shall, to the greatest extent practicable--
(1) establish relationships with State, local, territorial,
and Tribal governmental agencies; and
(2) work collaboratively with such governmental agencies to
implement and enforce the regulations prescribed under this
section and the amendments made by this section, by--
(A) using the domestic liaisons established in
section 310(f) of title 31, United States Code, to
share information regarding changes effectuated by this
section;
(B) using the domestic liaisons established in
section 310(f) of title 31, United States Code, to
advise on necessary revisions to State, local,
territorial, and Tribal standards with respect to
relevant professional licensure;
(C) engaging with various gatekeepers as
appropriate, including with respect to information
sharing and data sharing; and
(D) working with State, local, territorial, and
Tribal governmental agencies to levy professional
sanctions on persons who facilitate corruption, money
laundering, the financing of terrorist activities, and
other related crimes.
(f) Authorization of Appropriations.--In addition to amounts
otherwise available for such purposes, there are authorized to be
appropriated to the Secretary of the Treasury, without fiscal year
limitation, $53,300,000 to remain available until expended, exclusively
for the purpose of carrying out this section and the amendments made by
the Act, including for--
(1) the hiring of personnel;
(2) the exploration and adoption of information technology
to effectively support enforcement activities or activities
described in subsection (c) of this section and the amendments
made by such subsection;
(3) audit, investigatory, and review activities, including
those described in subsection (c) of this section and the
amendments made by such subsection;
(4) agency coordination and collaboration efforts and
activities described in subsection (e) of this section;
(5) for voluntary compliance programs;
(6) for conducting the report in subsection (c)(5) of this
section; and
(7) for allocating amounts to the State, local,
territorial, and Tribal jurisdictions to pay reasonable costs
relating to compliance with or enforcement of the requirements
of this section.
(g) Rule of Construction.--Nothing in this section may be construed
to be limited or impeded by any obligations under State, local,
territorial, or Tribal laws or rules concerning privilege, ethics,
confidentiality, privacy, or related matters.
SEC. 5402. REVIEW OF CYBER-RELATED MATTERS AT THE DEPARTMENT OF THE
TREASURY.
(a) In General.--No later than 270 days after the date of enactment
of this Act, the Secretary of the Treasury shall complete a
comprehensive review of the Department of the Treasury's efforts
dedicated to enhancing cybersecurity capability, readiness, and
resilience of the financial services sector, specifically as it relates
to--
(1) Treasury's role as the sector risk management agency
for the financial services sector, as defined by section 9002
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021; and
(2) integration of operational resilience and cybersecurity
for the financial services sector across the Department of the
Treasury.
(b) Elements.--The review required under subsection (a) shall
include the following elements and considerations:
(1) A comprehensive review of the components and offices
within the Departmental Offices of the Department of the
Treasury involved in efforts specified in subsection (a).
(2) A review of activities by the Department of the
Treasury involved in efforts specified in subsection (a).
(3) An assessment of the how each activity identified in
this subsection connects to the National Security Strategy and
other related documents of the Executive Branch.
(4) An assessment of the Department of the Treasury's
ability to discharge fully its duties specified in subsection
(a) and identify any areas where it may need additional
resources, legislation or authority.
(5) An evaluation of the partnerships with other executive
branch departments and agencies to support efforts specified in
subsection (a).
(6) An evaluation of support to and from the Financial and
Banking Information Infrastructure Committee, and its member
agencies to enhance efforts specified in subsection (a).
(7) A five-year plan for the Department of the Treasury
that defines an objectives and goals related to the efforts
specified in subsection (a).
(c) Submission to Congress.--No later than 30 days after the
completion of the review specified under subsection (a), the Secretary
of the Treasury shall transmit the review to Committee on Financial
Services of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(d) Annual Update.--No later than February 1st of each year after
the submission of the review until 2028, the Secretary shall provide an
update on progress made in the preceding year in relation to the plan
directed in subsection (b)(7) to the Committee on Financial Services of
the House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
SEC. 5403. STRENGTHENING AWARENESS OF SANCTIONS.
Section 312 of title 31, United States Code, is amended by adding
at the end the following:
``(i) OFAC Exchange.--
``(1) Establishment.--The OFAC Exchange is hereby
established within OFAC.
``(2) Purpose.--The OFAC Exchange shall facilitate a
voluntary public-private information sharing partnership among
law enforcement agencies, national security agencies, financial
institutions, and OFAC to--
``(A) effectively and efficiently administer and
enforce economic and trade sanctions against targeted
foreign countries and regimes, terrorists,
international narcotics traffickers, those engaged in
activities related to the proliferation of weapons of
mass destruction, and other threats to the national
security, foreign policy, or economy of the United
States by promoting innovation and technical advances
in reporting--
``(i) under subchapter II of chapter 53 and
the regulations promulgated under that
subchapter; and
``(ii) with respect to other economic and
trade sanctions requirements;
``(B) protect the financial system from illicit
use, including evasions of existing economic and trade
sanctions programs; and
``(C) facilitate two-way information exchange
between OFAC and persons who are required to comply
with sanctions administered and enforced by OFAC,
including financial institutions, business sectors
frequently affected by sanctions programs, and non-
government organizations and humanitarian groups
impacted by such sanctions programs.
``(3) Report.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, and once every 2
years thereafter for the next 5 years, the Secretary of
the Treasury 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 containing--
``(i) an analysis of the efforts undertaken
by the OFAC Exchange, which shall include an
analysis of--
``(I) the results of those efforts;
and
``(II) the extent and effectiveness
of those efforts, including the extent
and effectiveness of communication
between OFAC and persons who are
required to comply with sanctions
administered and enforced by OFAC;
``(ii) recommendations to improve
efficiency and effectiveness of targeting,
compliance, enforcement, and licensing
activities undertaken by OFAC; and
``(iii) any legislative, administrative, or
other recommendations the Secretary may have to
strengthen the efforts of the OFAC Exchange.
``(B) Classified annex.--Each report under
subparagraph (A) may include a classified annex.
``(4) Information sharing requirement.--Information shared
under this subsection shall be shared--
``(A) in compliance with all other applicable
Federal laws and regulations;
``(B) in such a manner as to ensure the appropriate
confidentiality of personal information; and
``(C) at the discretion of the Director, with the
appropriate Federal functional regulator, as defined in
section 6003 of the Anti-Money Laundering Act of 2020.
``(5) Protection of shared information.--
``(A) Regulations.--OFAC shall, as appropriate,
promulgate regulations that establish procedures for
the protection of information shared and exchanged
between OFAC and the private sector in accordance with
this section, consistent with the capacity, size, and
nature of the financial institution to which the
particular procedures apply.
``(B) Use of information.--Information received by
a financial institution pursuant to this section shall
not be used for any purpose other than identifying and
reporting on activities that may involve the financing
of terrorism, proliferation financing, narcotics
trafficking, or financing of sanctioned countries,
regimes, or persons.
``(6) Rule of construction.--Nothing in this subsection may
be construed to create new information sharing authorities or
requirements relating to the Bank Secrecy Act.''.
SEC. 5404. BRIEFING ON CHINESE SUPPORT FOR AFGHAN ILLICIT FINANCE.
(a) Requirement.--Not later than one year after the date of the
enactment of this Act, the Secretary of Treasury shall brief the
Committee on Financial Services and the Committee on Foreign Affairs of
the House of Representatives and the Committee on Banking, Housing, and
Urban Affairs and the Committee on Foreign Relations of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate
on the financial activities of China and Chinese entities in connection
with the finances of Afghanistan and the Taliban.
(b) Matters Included.--The briefing under subsection (a) shall
include the following:
(1) An assessment of the activities undertaken by the
People's Republic of China and Chinese-registered companies to
support illicit financial networks in Afghanistan, particularly
such networks involved in narcotics trafficking, illicit
financial transactions, official corruption, natural resources
exploitation, and terrorist networks.
(2) An assessment of financial, commercial, and economic
activities undertaken by China and Chinese companies in
Afghanistan, including the licit and illicit extraction of
critical minerals, to support Chinese policies counter to
American strategic interests.
(3) Information relating to the impacts of existing United
States and multilateral laws, regulations, and sanctions,
including environmental and public health impacts of natural
resources exploitation.
(4) Any recommendations to Congress regarding legislative
or regulatory improvements necessary to support the
identification and disruption of Chinese-supported illicit
financial networks in Afghanistan.
SEC. 5405. 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.) is amended by adding at the
end the following:
``SEC. 1632. 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. 5406. PAYMENT CHOICE.
(a) Sense of Congress.--It is the sense of Congress that every
consumer has the right to use cash at retail businesses who accept in-
person payments.
(b) Retail Businesses Prohibited From Refusing Cash Payments.--
(1) In general.--Subchapter I of chapter 51 of title 31,
United States Code, is amended by adding at the end the
following:
``Sec. 5104. Retail businesses prohibited from refusing cash payments
``(a) In General.--Any person engaged in the business of selling or
offering goods or services at retail to the public with a person
accepting in-person payments at a physical location (including a person
accepting payments for telephone, mail, or internet-based transactions
who is accepting in-person payments at a physical location)--
``(1) shall accept cash as a form of payment for sales of
less than $2,000 (or, for loan payments, payments made on a
loan with an original principal amount of less than $2,000)
made at such physical location; and
``(2) may not charge cash-paying customers a higher price
compared to the price charged to customers not paying with
cash.
``(b) Exceptions.--
``(1) In general.--Subsection (a) shall not apply to a
person if such person--
``(A) is unable to accept cash because of--
``(i) a sale system failure that
temporarily prevents the processing of cash
payments; or
``(ii) a temporary insufficiency in cash on
hand needed to provide change; or
``(B) provides customers with the means, on the
premises, to convert cash into a card that is either a
general-use prepaid card, a gift card, or an access
device for electronic fund transfers for which--
``(i) there is no fee for the use of the
card;
``(ii) there is not a minimum deposit
amount greater than 1 dollar;
``(iii) amounts loaded on the card do not
expire, except as permitted under paragraph
(2);
``(iv) there is no collection of any
personal identifying information from the
customer;
``(v) there is no fee to use the card; and
``(vi) there may be a limit to the number
of transactions.
``(2) Inactivity.--A person seeking exception from
subsection (a) may charge an inactivity fee in association with
a card offered by such person if--
``(A) there has been no activity with respect to
the card during the 12-month period ending on the date
on which the inactivity fee is imposed;
``(B) not more than 1 inactivity fee is imposed in
any 1-month period; and
``(C) it is clearly and conspicuously stated, on
the face of the mechanism that issues the card and on
the card--
``(i) that an inactivity fee or charge may
be imposed;
``(ii) the frequency at which such
inactivity fee may be imposed; and
``(iii) the amount of such inactivity fee.
``(c) Right to Not Accept Large Bills.--
``(1) In general.--Notwithstanding subsection (a), for the
5-year period beginning on the date of enactment of this
section, this section shall not require a person to accept cash
payments in $50 bills or any larger bill.
``(2) Rulemaking.--
``(A) In general.--The Secretary of the Treasury,
in this section referred to as the Secretary, shall
issue a rule on the date that is 5 years after the date
of the enactment of this section with respect to any
bills a person is not required to accept.
``(B) Requirement.--When issuing a rule under
subparagraph (A), the Secretary shall require persons
to accept $1, $5, $10, $20, and $50 bills.
``(d) Enforcement.--
``(1) Preventative relief.--Whenever any person has
engaged, or there are reasonable grounds to believe that any
person is about to engage, in any act or practice prohibited by
this section, a civil action for preventive relief, including
an application for a permanent or temporary injunction,
restraining order, or other order may be brought against such
person.
``(2) Civil penalties.--Any person who violates this
section shall--
``(A) be liable for actual damages;
``(B) be fined not more than $2,500 for a first
offense; and
``(C) be fined not more than $5,000 for a second or
subsequent offense.
``(3) Jurisdiction.--An action under this section may be
brought in any United States district court, or in any other
court of competent jurisdiction.
``(4) Intervention of attorney general.--Upon timely
application, a court may, in its discretion, permit the
Attorney General to intervene in a civil action brought under
this subsection, if the Attorney General certifies that the
action is of general public importance.
``(5) Authority to appoint court-paid attorney.--Upon
application by an individual and in such circumstances as the
court may determine just, the court may appoint an attorney for
such individual and may authorize the commencement of a civil
action under this subsection without the payment of fees,
costs, or security.
``(6) Attorney's fees.--In any action commenced pursuant to
this section, the court, in its discretion, may allow the
prevailing party, other than the United States, a reasonable
attorney's fee as part of the costs, and the United States
shall be liable for costs the same as a private person.
``(7) Requirements in certain states and local areas.--In
the case of an alleged act or practice prohibited by this
section which occurs in a State, or political subdivision of a
State, which has a State or local law prohibiting such act or
practice and establishing or authorizing a State or local
authority to grant or seek relief from such act or practice or
to institute criminal proceedings with respect thereto upon
receiving notice thereof, no civil action may be brought
hereunder before the expiration of 30 days after written notice
of such alleged act or practice has been given to the
appropriate State or local authority by registered mail or in
person, provided that the court may stay proceedings in such
civil action pending the termination of State or local
enforcement proceedings.
``(e) Greater Protection Under State Law.--This section shall not
preempt any law of a State, the District of Columbia, a Tribal
government, or a territory of the United States if the protections that
such law affords to consumers are greater than the protections provided
under this section.
``(f) Rulemaking.--The Secretary shall issue such rules as the
Secretary determines are necessary to implement this section, which may
prescribe additional exceptions to the application of the requirements
described in subsection (a).''.
(2) Clerical amendment.--The table of contents for chapter
51 of title 31, United States Code, is amended by inserting
after the item relating to section 5103 the following:
``5104. Retail businesses prohibited from refusing cash payments.''.
(3) Rule of construction.--The amendments made by this
section may not be construed to have any effect on section 5103
of title 31, United States Code.
(c) Discretionary Surplus Fund.--
(1) In general.--Subparagraph (A) of section 7(a)(3) of the
Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by
reducing the dollar figure described in such subparagraph by
$15,000,000.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 30, 2022.
SEC. 5407. DISCLOSURE REQUIREMENTS RELATING TO CHINA-BASED HEDGE FUNDS
CAPITAL RAISING ACTIVITIES IN THE UNITED STATES THROUGH
CERTAIN EXEMPTED TRANSACTIONS.
(a) Amendment.--The Securities Exchange Act of 1934 is amended by
inserting after section 13A (15 U.S.C. 78m-1) the following:
``SEC. 13B. DISCLOSURE REQUIREMENTS RELATING TO CERTAIN EXEMPTED
TRANSACTIONS.
``(a) In General.--Notwithstanding any other provision of law, in
the case of an issuer that is domiciled in the People's Republic of
China, including a China-based hedge fund or a China-based private
equity fund, that conducts a covered exempted transaction, such issuer
shall provide to the Commission, at such time and in such manner as the
Commission may prescribe, the following:
``(1) The identity of the issuer.
``(2) The place of incorporation of the issuer.
``(3) The amount of the issuance involved in the covered
exempted transaction and the net proceeds to the issuer.
``(4) The principal beneficial owners of the issuer.
``(5) The intended use of the proceeds from such issuance,
including--
``(A) each country in which the issuer intends to
invest such proceeds; and
``(B) each industry in which the issuer intends to
invest such proceeds.
``(6) The exemption the issuer relies on with respect to
such covered exempted transaction.
``(b) Authority to Revise and Promulgate Rules, Regulations, and
Forms.--The Commission shall, for the protection of investors and fair
and orderly markets--
``(1) revise and promulgate such rules, regulations, and
forms as may be necessary to carry out this section; and
``(2) issue rules to set conditions for the use of covered
exempted transactions by an issuer who does not comply with the
requirements under subsection (a).
``(c) Covered Exempted Transaction.--In this section, the term
`covered exempted transaction' means an issuance of a security that is
exempt from registration under section 5 of the Securities Act of 1933
(15 U.S.C. 77e) that--
``(1) is structured or intended to comply with--
``(A) Rule 506(b) of Regulation D, as promulgated
by the Commission;
``(B) Regulation S, as promulgated by the
Commission; or
``(C) Rule 144A, as promulgated by the Commission;
and
``(2) either--
``(A) has an issuance equal to $25,000,000 or
greater; or
``(B) with respect to any 1-year period, has,
together with all covered exempted transactions in that
period, an aggregate issuance of $50,000,000 or
greater.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to issuers of covered exempted transactions on the
date that is 270 days after the date of the enactment of this Act.
(c) Report.--The Securities and Exchange Commission shall, each
quarter, issue a report to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate containing all information submitted by an
issuer under section 13B of the Securities Exchange Act of 1934, as
added by subsection (a), during the previous quarter.
SEC. 5408. RUSSIA AND BELARUS FINANCIAL SANCTIONS.
(a) In General.--A United States financial institution shall take
all actions necessary and available to cause any entity or person owned
or controlled by the institution to comply with any provision of law
described in subsection (b) to the same extent as required of a United
States financial institution.
(b) Provision of Law Described.--A provision of law described in
this subsection is any prohibition or limitation described in a
sanctions-related statute, regulation or order applicable to a United
States financial institution concerning the Russian Federation or the
Republic of Belarus, involving--
(1) the conduct of transactions;
(2) the acceptance of deposits;
(3) the making, granting, transferring, holding, or
brokering of loans or credits;
(4) the purchasing or selling of foreign exchange,
securities, commodity futures, or options;
(5) the procuring of purchasers and sellers described under
paragraph (4) as principal or agent; or
(6) any other good or service provided by a United States
financial institution.
(c) Penalty.--A United States financial institution that violates
subsection (a) shall be subject to the penalties described in the
applicable statute, regulation or order applicable to a United States
financial Institution.
(d) United States Financial Institution Defined.--In this section,
the term ``United States financial institution'' means any U.S. entity
(including its foreign branches) that is engaged in the business of
accepting deposits, making, granting, transferring, holding, or
brokering loans or credits, or purchasing or selling foreign exchange,
securities, futures or options, or procuring purchasers and sellers
thereof, as principal or agent. It includes depository institutions,
banks, savings banks, money services businesses, operators of credit
card systems, trust companies, insurance companies, securities brokers
and dealers, futures and options brokers and dealers, forward contract
and foreign exchange merchants, securities and commodities exchanges,
clearing corporations, investment companies, employee benefit plans,
dealers in precious metals, stones, or jewels, and U.S. holding
companies, U.S. affiliates, or U.S. subsidiaries of any of the
foregoing. This term includes those branches, offices, and agencies of
foreign financial institutions that are located in the United States,
but not such institutions' foreign branches, offices, or agencies.
SEC. 5409. APPRAISAL STANDARDS FOR SINGLE-FAMILY HOUSING MORTGAGES.
(a) Certification or Licensing.--Paragraph (5) of section 202(g) of
the National Housing Act (12 U.S.C. 1708(g)) is amended--
(1) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A)(i) in the case of an appraiser for a mortgage
for single-family housing, be certified or licensed by
the State in which the property to be appraised is
located; and
``(ii) in the case of an appraiser for a mortgage
for multifamily housing, be certified by the State in
which the property to be appraised is located; and'';
and
(2) in subparagraph (B), by inserting before the period at
the end the following: ``, which, in the case of appraisers for
any mortgage for single-family housing, shall include
completion of a course or seminar that consists of not less
than 7 hours of training regarding such appraisal requirements
that is approved by the Course Approval Program of the
Appraiser Qualifications Board of the Appraisal Foundation or a
State appraiser certifying and licensing agency''.
(b) Compliance With Verifiable Education Requirements;
Grandfathering.--Effective beginning on the date of the effectiveness
of the mortgagee letter or other guidance issued pursuant to subsection
(c) of this section, notwithstanding any choice or approval of any
appraiser made before such date of enactment, no appraiser may conduct
an appraisal for any mortgage for single-family housing insured under
title II of the National Housing Act (12 U.S.C. 1707 et seq.) unless
such appraiser is, as of such date of effectiveness, in compliance
with--
(1) all of the requirements under section 202(g)(5) of such
Act (12 U.S.C. 1708(g)(5)), as amended by subsection (a) of
this section, including the requirement under subparagraph (B)
of such section 202(g)(5) (relating to demonstrated verifiable
education in appraisal requirements); or
(2) all of the requirements under section 202(g)(5) of such
Act as in effect on the day before the date of the enactment of
this Act.
(c) Implementation.--Not later than the expiration of the 240-day
period beginning on the date of the enactment of this Act, the
Secretary of Housing and Urban Development shall issue a mortgagee
letter or other guidance that shall--
(1) implement the amendments made by subsection (a) of this
section;
(2) clearly set forth all of the specific requirements
under section 202(g)(5) of the National Housing Act (as amended
by subsection (a) of this section) for approval to conduct
appraisals under title II of such Act for mortgages for single-
family housing, which shall include--
(A) providing that the completion, prior to the
effective date of such mortgagee letter or guidance, of
training meeting the requirements under subparagraph
(B) of such section 202(g)(5) (as amended by subsection
(a) of this section) shall be considered to fulfill the
requirement under such subparagraph; and
(B) providing a method for appraisers to
demonstrate such prior completion; and
(3) take effect not later than the expiration of the 180-
day period beginning upon issuance of such mortgagee letter or
guidance.
SEC. 5410. CHINA FINANCIAL THREAT MITIGATION.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Chairman of the Board of Governors of the Federal Reserve
System, the Chairman of the Securities and Exchange Commission, the
Chairman of the Commodity Futures Trading Commission, and the Secretary
of State, shall conduct a study and issue a report on the exposure of
the United States to the financial sector of the People's Republic of
China that includes--
(1) an assessment of the effects of reforms to the
financial sector of the People's Republic of China on the
United States and global financial systems;
(2) a description of the policies the United States
Government is adopting to protect the interests of the United
States while the financial sector of the People's Republic of
China undergoes such reforms;
(3) a description and analysis of any risks to the
financial stability of the United States and the global economy
emanating from the People's Republic of China; and
(4) recommendations for additional actions the United
States Government, including United States representatives at
relevant international organizations, should take to strengthen
international cooperation to monitor and mitigate such
financial stability risks and protect United States interests.
(b) Transmission of Report.--The Secretary of the Treasury shall
transmit the report required under subsection (a) not later than one
year after the date of enactment of this Act to the Committees on
Financial Services and Foreign Affairs of the House of Representatives,
the Committees on Banking, Housing, and Urban Affairs and Foreign
Relations of the Senate, and to the United States representatives at
relevant international organizations, as appropriate.
(c) Classification.--The report required under subsection (a) shall
be unclassified, but may contain a classified annex.
(d) Publication of Report.--The Secretary of the Treasury shall
publish the report required under subsection (a) (other than any
classified annex) on the website of the Department of the Treasury not
later than one year after the date of enactment of this Act.
SEC. 5411. REVIEW OF FHA SMALL-DOLLAR MORTGAGE PRACTICES.
(a) Congressional Findings.--The Congress finds that--
(1) affordable homeownership opportunities are being
hindered due to the lack of financing available for home
purchases under $100,000;
(2) according to the Urban Institute, small-dollar mortgage
loan applications in 2017 were denied by lenders at double the
rate of denial for large mortgage loans, and this difference in
denial rates cannot be fully explained by differences in the
applicants' credit profiles;
(3) according to data compiled by Attom Data solutions,
small-dollar mortgage originations have decreased 38 percent
since 2009, while there has been a 65-percent increase in
origination of mortgages for more than $150,000;
(4) the FHA's mission is to serve creditworthy borrowers
who are underserved and, according to the Urban Institute, the
FHA serves 24 percent of the overall market, but only 19
percent of the small-dollar mortgage market; and
(5) the causes behind these variations are not fully
understood, but merit study that could assist in furthering the
Department of Housing and Urban Development's mission,
including meeting the housing needs of borrowers the program is
designed to serve and reducing barriers to homeownership, while
protecting the solvency of the Mutual Mortgage Insurance Fund.
(b) Review.--The Secretary of Housing and Urban Development shall
conduct a review of its FHA single-family mortgage insurance policies,
practices, and products to identify any barriers or impediments to
supporting, facilitating, and making available mortgage insurance for
small dollar mortgages, as defined by the Secretary. Not later than the
expiration of the 12-month period beginning on the date of the
enactment of this Act, the Secretary shall submit a report to the
Congress describing the findings of such review and the actions that
the Secretary will take, without adversely affecting the solvency of
the Mutual Mortgage Insurance Fund, to remove such barriers and
impediments to providing mortgage insurance for such mortgages.
SEC. 5412. DISCLOSURE OF BUSINESSES TIES TO RUSSIA.
(a) In General.--Section 13 of the Securities Exchange Act of 1934
(15 U.S.C. 78m) is amended by adding at the end the following:
``(s) Disclosure of Business Ties to Russia.--Any issuer required
to file an annual or quarterly report under subsection (a) that--
``(1) does business in Russia, or with or through firms
domiciled in Russia, regardless of where that business activity
takes place, or
``(2) with the Russian government, or with any entity owned
by or affiliated with such government, regardless of where that
business activity takes place,
shall disclose in that report relevant facts and a description about
the business activity.''.
(b) The Securities and Exchange Commission shall within 270 days of
enactment of this section define any necessary terms and amend its
rules or forms, to carry out the requirements of the provision added by
subsection (a).
SEC. 5413. SMALL BUSINESS LOAN DATA COLLECTION.
(a) In General.--Section 704B of the Equal Credit Opportunity Act
(15 U.S.C. 1691c-2) is amended--
(1) by inserting ``LGBTQ-owned,'' after ``minority-owned,''
each place such term appears;
(2) in subsection (e)(2)(G), by inserting ``, sexual
orientation, gender identity'' after ``sex''; and
(3) in subsection (h), by adding at the end the following:
``(7) LGBTQ-owned business.--The term `LGBTQ-owned
business' means a business--
``(A) more than 50 percent of the ownership or
control of which is held by 1 or more individuals self-
identifying as lesbian, gay, bisexual, transgender, or
queer; and
``(B) more than 50 percent of the net profit or
loss of which accrues to 1 or more individuals self-
identifying as lesbian, gay, bisexual, transgender, or
queer.''.
(b) Discretionary Surplus Fund.--
(1) In general.--Subparagraph (A) of section 7(a)(3) of the
Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by
reducing the dollar figure described in such subparagraph by
$500,000.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 30, 2032.
SEC. 5414. NATIONWIDE EMERGENCY DECLARATION MEDICAL SUPPLIES
ENHANCEMENT.
(a) Determination on Emergency Supplies and Other Public Health
Emergencies.--For the purposes of section 101 of the Defense Production
Act of 1950 (50 U.S.C. 4511), the following materials may be deemed by
the President, during a nationwide emergency declaration period, to be
scarce and critical materials essential to the national defense and
otherwise meet the requirements of section 101(b) of such Act, and
funds available to implement such Act may be used for the purchase,
production (including the construction, repair, and retrofitting of
government-owned facilities as necessary), or distribution of such
materials:
(1) Face masks and personal protective equipment, including
non-surgical isolation gowns, face shields, nitrile gloves, N-
95 filtering facepiece respirators, and any other masks or
equipment (including durable medical equipment) determined by
the Secretary of Health and Human Services to be needed to
respond during a nationwide emergency declaration period, and
the materials, machinery, additional manufacturing lines or
facilities, or other technology necessary to produce such
equipment.
(2) Drugs and devices (as those terms are defined in the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.))
and biological products (as that term is defined by section 351
of the Public Health Service Act (42 U.S.C. 262)) that are
approved, cleared, licensed, or authorized for use during a
nationwide emergency, and any materials, manufacturing
machinery, additional manufacturing or fill-finish lines or
facilities, technology, or equipment (including durable medical
equipment) necessary to produce or use such drugs, biological
products, or devices (including syringes, vials, or other
supplies or equipment related to delivery, distribution, or
administration).
(3) Any other medical equipment or supplies determined by
the Secretary of Health and Human Services or the Secretary of
Homeland Security to be scarce and critical materials essential
to the national defense for purposes of section 101 of the
Defense Production Act of 1950 (50 U.S.C. 4511).
(b) Enhancement of Supply Chain Production.--In exercising
authority under title III of the Defense Production Act of 1950 (50
U.S.C. 4531 et seq.) with respect to materials described in subsection
(a), the President shall seek to ensure that support is provided to
companies that comprise the supply chains for reagents, components, raw
materials, and other materials and items necessary to produce or use
the materials described in subsection (a) to the extent necessary for
the national defense during a nationwide emergency declaration and
subsequent major disaster declarations under sections 501 and 401,
respectively, of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191, 5170).
(c) Enhanced Reporting During Nationwide Disaster Declarations.--
(1) Report on exercising authorities under the defense
production act of 1950.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the President, in
consultation with the Administrator of the Federal
Emergency Management Agency, the Secretary of Defense,
and the Secretary of Health and Human Services, shall
submit to the appropriate congressional committees a
report on the exercise of authorities under titles I,
III, and VII of the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.) prior to the date of such report
for the purposes of the nationwide emergency
declaration response.
(B) Contents.--The report required under
subparagraph (A) and the update required under
subparagraph (C) shall include the following:
(i) In general.--With respect to each
exercise of such authority--
(I) an explanation of the purpose
of the applicable contract, purchase
order, or other exercise of authority
(including an allocation of materials,
services, and facilities under section
101(a)(2) of the Defense Production Act
of 1950 (50 U.S.C. 4511(a)(2));
(II) the cost of such exercise of
authority; and
(III) if applicable--
(aa) the amount of goods
that were purchased or
allocated;
(bb) an identification of
the entity awarded a contract
or purchase order or that was
the subject of the exercise of
authority; and
(cc) an identification of
any entity that had shipments
delayed by the exercise of any
authority under the Defense
Production Act of 1950 (50
U.S.C. 4501 et seq.).
(ii) Consultations.--A description of any
consultations conducted with relevant
stakeholders on the needs addressed by the
exercise of the authorities described in
subparagraph (A).
(C) Update.--The President shall provide an
additional briefing to the appropriate congressional
committees on the matters described under subparagraph
(B) no later than four months after the submission of
the report.
(2) Sunset.--The requirements of this section shall
terminate at the end of the nationwide emergency declaration
period.
SEC. 5415. SPECIAL MEASURES TO FIGHT MODERN THREATS.
(a) Findings.--Congress finds the following:
(1) The Financial Crimes Enforcement Network (FinCEN) is
the Financial Intelligence Unit of the United States tasked
with safeguarding the financial system from illicit use,
combating money laundering and its related crimes including
terrorism, and promoting national security.
(2) Per statute, FinCEN may require domestic financial
institutions and financial agencies to take certain ``special
measures'' against jurisdictions, institutions, classes of
transactions, or types of accounts determined to be of primary
money laundering concern, providing the Secretary with a range
of options, such as enhanced record-keeping, that can be
adapted to target specific money laundering and terrorist
financing and to bring pressure on those that pose money
laundering threats.
(3) This special-measures authority was granted in 2001,
when most cross-border transactions occurred through
correspondent or payable-through accounts held with large
financial institutions which serve as intermediaries to
facilitate financial transactions on behalf of other banks.
(4) Innovations in financial services have transformed and
expanded methods of cross-border transactions that could not
have been envisioned 20 years ago when FinCEN was given its
special-measures authority.
(5) These innovations, particularly through digital assets
and informal value transfer systems, while useful to legitimate
consumers and law enforcement, can be tools abused by bad
actors like sanctions evaders, fraudsters, money launderers,
and those who commit ransomware attacks on victimized U.S.
companies and which abuse the financial system to move and
obscure the proceeds of their crimes.
(6) Ransomware attacks on U.S. companies requiring payments
in cryptocurrencies have increased in recent years, with the
U.S. Treasury estimating that ransomware payments in the United
States reached $590 million in just the first half of 2021,
compared to a total of $416 million in 2020.
(7) As ransomware attacks organized by Chinese and other
foreign bad actors continue to grow in size and scope,
modernizing FinCEN's special measure authorities will empower
FinCEN to adapt its existing tools, monitor and obstruct global
financial threats, and meet the challenges of combating 21st
century financial crime.
(b) Prohibitions or Conditions on Certain Transmittals of Funds.--
Section 5318A of title 31, United States Code, is amended--
(1) in subsection (a)(2)(C), by striking ``subsection
(b)(5)'' and inserting ``paragraphs (5) and (6) of subsection
(b)''; and
(2) in subsection (b)--
(A) in paragraph (5), by striking ``for or on
behalf of a foreign banking institution''; and
(B) by adding at the end the following:
``(6) Prohibitions or conditions on certain transmittals of
funds.--If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating
outside of the United States, 1 or more types of accounts
within, or involving, a jurisdiction outside of the United
States, or 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United States to be of
primary money laundering concern, the Secretary, in
consultation with the Secretary of State, the Attorney General,
and the Chairman of the Board of Governors of the Federal
Reserve System, may prohibit, or impose conditions upon certain
transmittals of funds (as such term may be defined by the
Secretary in a special measure issuance, by regulation, or as
otherwise permitted by law), to or from any domestic financial
institution or domestic financial agency if such transmittal of
funds involves any such jurisdiction, institution, type of
account, or class of transaction.''.
SEC. 5416. SUBMISSION OF DATA RELATING TO DIVERSITY.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(s) Submission of Data Relating to Diversity.--
``(1) Definitions.--In this subsection--
``(A) the term `executive officer' has the meaning
given the term in section 230.501(f) of title 17, Code
of Federal Regulations, as in effect on the date of
enactment of this subsection; and
``(B) the term `veteran' has the meaning given the
term in section 101 of title 38, United States Code.
``(2) Submission of disclosure.--Each issuer required to
file an annual report under subsection (a) shall disclose in
any proxy statement and any information statement relating to
the election of directors filed with the Commission the
following:
``(A) Demographic data, based on voluntary self-
identification, on the racial, ethnic, gender identity,
and sexual orientation composition of--
``(i) the board of directors of the issuer;
``(ii) nominees for the board of directors
of the issuer; and
``(iii) the executive officers of the
issuer.
``(B) The status of any member of the board of
directors of the issuer, any nominee for the board of
directors of the issuer, or any executive officer of
the issuer, based on voluntary self-identification, as
a veteran.
``(C) Whether the board of directors of the issuer,
or any committee of that board of directors, has, as of
the date on which the issuer makes a disclosure under
this paragraph, adopted any policy, plan, or strategy
to promote racial, ethnic, and gender diversity among--
``(i) the board of directors of the issuer;
``(ii) nominees for the board of directors
of the issuer; or
``(iii) the executive officers of the
issuer.
``(3) Alternative submission.--In any 1-year period in
which an issuer required to file an annual report under
subsection (a) does not file with the Commission a proxy
statement or an information statement relating to the election
of directors, the issuer shall disclose the information
required under paragraph (2) in the first annual report of
issuer that the issuer submits to the Commission after the end
of that 1-year period.
``(4) Annual report.--Not later than 18 months after the
date of enactment of this subsection, and annually thereafter,
the 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, and publish
on the website of the Commission, a report that analyzes the
information disclosed under paragraphs (2) and (3) and
identifies any trends with respect to such information.
``(5) Best practices.--
``(A) In general.--The Director of the Office of
Minority and Women Inclusion of the Commission shall,
not later than 3 years after the date of enactment of
this subsection, and every 3 years thereafter, publish
best practices for compliance with this subsection.
``(B) Comments.--The Director of the Office of
Minority and Women Inclusion of the Commission may,
pursuant to subchapter II of chapter 5 of title 5,
United States Code, solicit public comments related to
the best practices published under subparagraph (A).''.
SEC. 5417. DIVERSITY ADVISORY GROUP.
(a) Definitions.--For the purposes of this section:
(1) Advisory group.--The term ``Advisory Group'' means the
Diversity Advisory Group established under subsection (b).
(2) Commission.--The term ``Commission'' means the
Securities and Exchange Commission.
(3) Issuer.--The term ``issuer'' has the meaning given the
term in section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)).
(b) Establishment.--The Commission shall establish a Diversity
Advisory Group, which shall be composed of representatives from--
(1) the Federal Government and State and local governments;
(2) academia; and
(3) the private sector.
(c) Study and Recommendations.--The Advisory Group shall--
(1) carry out a study that identifies strategies that can
be used to increase gender identity, racial, ethnic, and sexual
orientation diversity among members of boards of directors of
issuers; and
(2) not later than 270 days after the date on which the
Advisory Group is established, submit to the Commission, the
Committee on Banking, Housing, and Urban Affairs of the Senate,
and the Committee on Financial Services of the House of
Representatives a report that--
(A) describes any findings from the study conducted
under paragraph (1); and
(B) makes recommendations regarding strategies that
issuers could use to increase gender identity, racial,
ethnic, and sexual orientation diversity among board
members.
(d) Annual Report.--Not later than 1 year after the date on which
the Advisory Group submits the report required under subsection (c)(2),
and annually thereafter, the 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 that
describes the status of gender identity, racial, ethnic, and sexual
orientation diversity among members of the boards of directors of
issuers.
(e) Public Availability of Reports.--The Commission shall make all
reports of the Advisory Group available to issuers and the public,
including on the website of the Commission.
(f) Inapplicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to
the Advisory Group or the activities of the Advisory Group.
SEC. 5418. DISCOUNT ON MORTGAGE INSURANCE PREMIUM PAYMENTS FOR FIRST-
TIME HOMEBUYERS WHO COMPLETE FINANCIAL LITERACY HOUSING
COUNSELING PROGRAMS.
The second sentence of subparagraph (A) of section 203(c)(2) of the
National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended--
(1) by inserting before the comma the following: ``and such
program is completed before the mortgagor has signed an
application for a mortgage to be insured under this title or a
sales agreement''; and
(2) by striking ``not exceed 2.75 percent of the amount of
the original insured principal obligation of the mortgage'' and
inserting ``be 25 basis points lower than the premium payment
amount established by the Secretary under the first sentence of
this subparagraph''.
SEC. 5419. CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND AFFORDABLE
HOUSING.
Section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816
note) is amended--
(1) in subsection (a), by striking ``the National Community
Development Initiative, Local Initiatives Support Corporation,
The Enterprise Foundation, Habitat for Humanity, and Youthbuild
USA'' and inserting ``non-Federal entities, including nonprofit
organizations that can provide technical assistance activities
to community development corporations, community housing
development organizations, community land trusts, nonprofit
organizations in insular areas, and other mission-driven and
nonprofit organizations that target services to low-income and
socially disadvantaged populations, and provide services in
neighborhoods having high concentrations of minority, low-
income, or socially disadvantaged populations,''; and
(2) in subsection (b)(3), by striking ``National Community
Development Initiative, Local Initiatives Support Corporation,
The Enterprise Foundation, Habitat for Humanity, and Youthbuild
USA'' and inserting ``non-Federal entities through which
assistance is provided under this section,''.
SEC. 5420. AFFORDABLE HOUSING CONSTRUCTION AS ELIGIBLE ACTIVITY UNDER
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
(a) Eligible Activity.--Subsection (a) of section 105 of the
Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is
amended--
(1) in paragraph (25)(D), by striking ``and'' at the end;
(2) in paragraph (26), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(27) the new construction of affordable housing, within
the meaning given such term under section 215 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12745).''.
(b) Low and Moderate Income Requirement.--Paragraph (3) of section
105(c) of the Housing and Community Development Act of 1974 (42 U.S.C.
5305(c)(3)) is amended by striking ``or rehabilitation'' and inserting
``, rehabilitation, or new construction''.
(c) Applicability.--The amendments made by this section shall apply
with respect only to amounts appropriated after the date of the
enactment of this Act.
SEC. 5421. CONSIDERATION OF SMALL HOME MORTGAGE LENDING UNDER COMMUNITY
REINVESTMENT ACT.
(a) In General.-- Section 804 of the Community Reinvestment Act of
1977 (12 U.S.C. 2903) is amended by adding at the end the following:
``(e) Consideration of Small Home Mortgage Lending.--
``(1) In general.--As part of assessing a financial
institution under subsection (a), the appropriate Federal
financial supervisory agency shall evaluate the financial
institution's performance in facilitating home mortgage lending
targeted to low- and moderate-income borrowers in a safe and
sound manner, including--
``(A) mortgages of $100,000 or less in value that
facilitate a home purchase or help a borrower to
refinance an existing mortgage;
``(B) mortgages of $100,000 or less in value
originated in cooperation with a minority depository
institution, women's depository institution, low-income
credit union, or a community development financial
institution certified by the Secretary of the Treasury
(as defined under section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994);
``(C) mortgages of $100,000 or less in value
originated to purchase or refinance a home as part of a
special purpose credit program (as defined under
section 1002.8(a) of title 12, Code of Federal
Regulations).
``(2) Data collection and reporting by large financial
institutions.--
``(A) In general.--Each large financial institution
shall collect, maintain, and report to the appropriate
Federal financial supervisory agency--
``(i) mortgage loan data needed to
calculate retail lending volume and
distribution metrics;
``(ii) information related to demographics
of borrowers, including the income, disability,
gender identity, race, and ethnicity of
mortgage applicants;
``(iii) the number of mortgage loans
originated with a value of $100,000 or less as
well as the demographics of borrowers,
including income, race, gender, and ethnicity;
and
``(iv) all mortgage loans for the purpose
of a home purchase and a refinance originated
by the bank through a special purpose credit
program, to focus on Black, Latinx, Native
American, Asian American, Pacific Islander
borrowers.
``(B) Template.--The appropriate Federal financial
supervisory agencies shall, jointly, issue rules to
establish a template that large financial institutions
shall use to collect information required to be
collected under this paragraph.
``(C) Large financial institution defined.--The
appropriate Federal financial supervisory agencies
shall, jointly, define the term `large financial
institution' for purposes of this paragraph.''.
(b) Discretionary Surplus Fund.--
(1) In general.--Subparagraph (A) of section 7(a)(3) of the
Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by
reducing the dollar figure described in such subparagraph by
$3,000,000.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 30, 2022.
SEC. 5422. PROHIBITION ON CONSUMER REPORTS CONTAINING ADVERSE
INFORMATION RELATED TO CERTAIN STUDENT LOANS.
(a) Canceled or Forgiven Federal Student Loans.--Section 605(a) of
the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding
at the end the following:
``(9) Any adverse information related to any portion of a
loan made, insured, or guaranteed under part B or made under
part D of the Higher Education Act of 1965, to the extent the
loan was repaid, canceled, or otherwise forgiven by the
Secretary of Education.''.
(b) Student Loans Related to Corinthian Colleges.--Section 605(a)
of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)), as amended by
subsection (a), is further amended by adding at the end the following:
``(10) Any adverse information related to a private
education loan (as defined under section 140(a) of the Truth in
Lending Act) if such loan was provided to cover expenses
related to attending a school owned by Corinthian Colleges,
Inc.''.
SEC. 5423. EXTENSION OF THE CENTRAL LIQUIDITY FACILITY.
(a) In General.--Section 4016(b) of the CARES Act (12 U.S.C. 1795a
note) is amended by adding at the end the following:
``(3) Extension.--During the period beginning on the date
of enactment of this Act and ending on December 31, 2023, the
provisions of law amended by this subsection shall be applied
as such provisions were in effect on the day before the
effective date described under paragraph (2).''.
(b) CLF Borrowing Authority.--Effective on the date of enactment of
the CARES Act, section 307(a)(4)(A) of the Federal Credit Union Act (12
U.S.C. 1795f(a)(4)(A)) is amended by striking ``twelve times the
subscribed capital stock and surplus of the Facility, provided that,
the total face value of such obligations shall not exceed 16 times the
subscribed capital stock and surplus of the Facility for the period
beginning on the date of enactment of the Coronavirus Economic
Stabilization Act of 2020 and ending on December 31, 2021'' and
inserting ``16 times the subscribed capital stock and surplus of the
Facility''.
SEC. 5424. PROMOTING CAPITAL RAISING OPTIONS FOR TRADITIONALLY
UNDERREPRESENTED SMALL BUSINESSES.
Section 4(j)(4) of the Securities Exchange Act of 1934 (15 U.S.C.
78d(j)(4)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and insert a semicolon; and
(3) by adding at the end the following:
``(I) provide educational resources and host events
to raise awareness of capital raising options for--
``(i) underrepresented small businesses,
including women-owned and minority-owned small
businesses;
``(ii) businesses located in rural areas;
and
``(iii) small businesses affected by
hurricanes or other natural disasters; and
``(J) at least annually, meet with representatives
of State securities commissions to discuss
opportunities for collaboration and coordination with
respect to efforts to assist small businesses and small
business investors.''.
SEC. 5425. IMPROVEMENTS BY COUNTRIES IN COMBATING NARCOTICS-RELATED
MONEY LAUNDERING.
Section 489(a)(7) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291h(a)(7)) is amended--
(1) in the matter before subparagraph (A), by striking
``paragraph (3)(D)'' and inserting ``paragraph (3)(C)''; and
(2) by inserting after subparagraph (C) the following:
``(D) Where the information is available, examples
of improvements in each country related to the findings
described in each of clauses (i) through (viii) of
subparagraph (C), such as--
``(i) actions taken by the country due to
each country's adoption of law and regulations
considered essential to prevent narcotics-
related money laundering;
``(ii) enhanced enforcement actions taken
by the country, such as regulatory penalties,
criminal prosecutions and convictions, and
asset seizures and forfeitures;
``(iii) status changes in international
financial crime-related evaluations;
``(iv) other descriptions that are
representative of efforts to enhance the
prevention of narcotics-related money
laundering; and
``(v) if applicable, bilateral,
multilateral, and regional initiatives which
have been undertaken to prevent narcotics-
related money laundering.''.
SEC. 5426. STUDY ON THE ROLE OF ONLINE PLATFORMS AND TENANT SCREENING
COMPANIES IN THE HOUSING MARKET.
(a) Study.--The Secretary of Housing and Urban Development and the
Director of the Bureau of Consumer Financial Protection shall, jointly,
carry out a study to--
(1) assess the role of online platforms and tenant
screening companies in the housing market, including purchasing
homes and providing housing-related services to landlords and
consumers, including tenants, homeowners, and prospective
homebuyers;
(2) assess how such entities currently comply with fair
housing, fair lending, and consumer financial protection laws
and regulations (including the Fair Housing Act, the Equal
Credit Opportunity Act, the Fair Credit Reporting Act, and
other relevant statutes and regulations determined relevant by
the Secretary and the Director), including in their digital
advertising, digital listing, and tenant screening practices;
(3) assess how such entities are currently using artificial
intelligence, including machine learning, in their services,
and how these technologies are being assessed for compliance
with appropriate fair housing and fair lending laws; and
(4) assess the impact of how such entities and their use of
artificial intelligence technologies, including machine
learning, affect low- and moderate-income communities and
communities of color in particular, including any impediments
to fair housing and fair lending.
(b) Reports.--
(1) In general.--The Secretary and the Director shall,
jointly, issue an initial report to the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate not later
than 1 year after the date of enactment of this Act, and issue
a final report to such committees not later than 2 years after
the date of enactment of this Act, containing--
(A) all findings and determinations made in
carrying out the study required under subsection (a);
and
(B) any recommendations on how to improve
entities', as described under subsection (a)(1),
compliance with fair housing, fair lending, and
consumer financial protection laws and regulations,
including to affirmatively further fair housing, to
prevent algorithmic bias, and to promote greater
transparency, explainability, privacy, and fairness in
the development and implementation of artificial
intelligence technologies, including machine learning,
with respect to the products and services they offer.
(2) Additional reports.--The Secretary and the Director
may, either individually or jointly, issue updates to the final
report described under paragraph (1), as the Secretary or the
Director determines necessary.
SEC. 5427. UNITED STATES OPPOSITION TO MULTILATERAL DEVELOPMENT BANK
PROJECTS THAT PROVIDE A PUBLIC SUBSIDY TO A PRIVATE
SECTOR FIRM UNLESS THE SUBSIDY IS AWARDED USING AN OPEN,
COMPETITIVE PROCESS OR ON AN OPEN-ACCESS BASIS.
Title XV of the International Financial Institutions Act (22 U.S.C.
262o-262o-4) is amended by adding at the end the following:
``SEC. 1506. UNITED STATES OPPOSITION TO MULTILATERAL DEVELOPMENT BANK
PROJECTS THAT PROVIDE A PUBLIC SUBSIDY TO A PRIVATE
SECTOR FIRM UNLESS THE SUBSIDY IS AWARDED USING AN OPEN,
COMPETITIVE PROCESS OR ON AN OPEN-ACCESS BASIS.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director at each multilateral development
bank--
``(1) to use voice, vote, and influence of the United
States to ensure that private sector subsidies provided by the
respective bank, including through the Private Sector Window of
the International Development Association, are provided in
accordance with the World Bank guidelines; and
``(2) to vote against any project at the respective bank,
including through the Private Sector Window of the
International Development Association, that provides a public
subsidy to a private sector firm unless--
``(A) the subsidy is awarded using an open,
competitive process;
``(B) the subsidy is awarded on an open access
basis; or
``(C) the United States Executive Director at the
respective bank determines that the subsidy falls
within an exception provided in the World Bank
guidelines for the use of direct contracting.
``(b) Publication of Determination.--Within 60 days after the
United States Executive Director at any multilateral development bank
makes a determination described in subsection (a)(2)(C), the Secretary
of the Treasury shall cause to be posted on the website of the
Department of the Treasury a justification for the determination.
``(c) Definitions.--In this section:
``(1) Multilateral development bank.--The term
`multilateral development bank' has the meaning given in
section 1701(c)(4).
``(2) World bank guidelines.--The term `World Bank
Guidelines' means the July 2014 revised edition of the
document, entitled `Procurement of Goods, Works, and Non-
Consulting Services under IBRD Loans and IDA Credits & Grants
by World Bank Borrowers', published by the World Bank Group.''.
SEC. 5428. UNITED STATES CONTRIBUTION TO THE CATASTROPHE CONTAINMENT
AND RELIEF TRUST AT THE INTERNATIONAL MONETARY FUND.
(a) Contribution Authority.--The Secretary of the Treasury may
contribute $200,000,000 on behalf of the United States to the
Catastrophe Containment and Relief Trust of the International Monetary
Fund.
(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $200,000,000 for payment
by the Secretary of the Treasury.
SEC. 5429. PUBLIC REPORTING OF UNITED STATES VOTES TO SUPPORT, OR
ABSTENTION FROM VOTING ON, MULTILATERAL DEVELOPMENT BANK
PROJECTS UNDER THE GUIDANCE ON FOSSIL FUEL ENERGY AT THE
MULTILATERAL DEVELOPMENT BANKS ISSUED BY THE DEPARTMENT
OF THE TREASURY ON AUGUST 16, 2021.
Title XIII of the International Financial Institutions Act (22
U.S.C. 262m-262m-8) is amended by adding at the end the following:
``SEC. 1309. PUBLIC REPORTING OF UNITED STATES VOTES TO SUPPORT, OR
ABSTENTION FROM VOTING ON, MULTILATERAL DEVELOPMENT BANK
PROJECTS UNDER THE GUIDANCE ON FOSSIL FUEL ENERGY AT THE
MULTILATERAL DEVELOPMENT BANKS ISSUED BY THE DEPARTMENT
OF THE TREASURY ON AUGUST 16, 2021.
``Within 60 days after the United States votes to support, or
abstains from voting on, a multilateral development bank (as defined in
section 1701(c)(4)) project under the Guidance on Fossil Fuel Energy at
the Multilateral Development Banks issued by the Department of the
Treasury on August 16, 2021, the Secretary of Treasury shall cause to
be posted on the website of the Department of the Treasury a detailed
justification for the vote or abstention.''.
SEC. 5430. UNITED STATES POLICY ON INTERNATIONAL FINANCE CORPORATION
DISCLOSURE OF HIGH AND SUBSTANTIAL RISK SUB-PROJECTS OF
FINANCIAL INTERMEDIARY CLIENTS.
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 INTERNATIONAL FINANCE CORPORATION
DISCLOSURE OF HIGH AND SUBSTANTIAL RISK SUB-PROJECTS OF
FINANCIAL INTERMEDIARY CLIENTS.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director at the International Finance
Corporation to use the voice, vote, and influence of the United States
to seek the adoption at the institution of a policy to require each
financial intermediary client to publicly disclose on the website of
the International Finance Corporation, in searchable form, and updated
annually, the following information about the Category A and B sub-
projects of the client, within 6 months after the date of the enactment
of this section for existing clients and, for new clients, within 6
months after the date of Board approval for new investments:
``(1) The name, city, and sector for all sub-projects.
``(2) The environmental and social risk assessments and
mitigation plans that have been completed for each sub-project.
``(3) A summary of the Environmental and Social Management
System of the client including a detailed description of
policies to appropriately identify, categorize, assess, and
address the environmental and social risks relevant to the
activities the client is financing.
``(4) A link to the full Environmental and Social
Management System policy on the website of the client.
``(b) Reporting Requirement.--Within 6 months after the date of the
enactment of this section, the Secretary of the Treasury shall submit a
report to the Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the Senate
containing--
``(1) a description of the efforts by the Secretary to
achieve the policy outlined in subsection (a); and
``(2) a description of any opposition from management,
shareholders, and clients to the adoption of the policy.''.
SEC. 5431. UNITED STATES POLICY ON MULTILATERAL DEVELOPMENT BANK
DISCLOSURE OF BENEFICIAL OWNERSHIP INFORMATION.
Title XV of the International Financial Institutions Act (22 U.S.C.
262o-262o-4) is further amended by adding at the end the following:
``SEC. 1507. UNITED STATES POLICY ON MULTILATERAL DEVELOPMENT BANK
DISCLOSURE OF BENEFICIAL OWNERSHIP INFORMATION.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director at each multilateral development
bank--
``(1) to use voice and vote of the United States to
advocate for the adoption of a policy at the respective
institution to collect, verify and publish beneficial ownership
information for any corporation or limited liability company,
other than a publicly listed company, that receives any
assistance from the bank; and
``(2) to vote against the provision of any assistance by
the bank to any corporation or limited liability company, other
than a publicly listed company, unless the bank collects,
verifies, and publishes beneficial ownership information for
the entity.
``(b) Definitions.--In this section:
``(1) Multilateral development bank.--The term
`multilateral development bank' has the meaning given in
section 1701(c)(4).
``(2) Beneficial owner.--The term `beneficial owner' has
the meaning given in section 5336(3) of title 31, United States
Code.''.
SEC. 5432. STRENGTHENING THE SEC'S WHISTLEBLOWER FUND.
Section 21F(g)(3)(A) of the Securities Exchange Act of 1934 (15
U.S.C. 78u-6(g)(3)(A)) is amended--
(1) in clause (i), by striking ``$300,000,000'' and
inserting ``$600,000,000 (as such amount is indexed for
inflation every 5 years by the Commission to reflect the change
in the Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics)''; and
(2) in clause (ii)--
(A) by striking ``$200,000,000'' and inserting
``$600,000,000 (as such amount is indexed for inflation
every 5 years by the Commission to reflect the change
in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics)'';
(B) by striking ``Fund'' and inserting ``fund'';
and
(C) by striking ``balance of the disgorgement
fund'' and inserting ``balance of the Fund''.
SEC. 5433. 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 defined.--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. 5434. ADDITION OF UNITED KINGDOM AND AUSTRALIA AS DPA DOMESTIC
SOURCES.
Section 702(7)(A) of the Defense Production Act of 1950 (50 U.S.C.
4552(7)(A)) is amended by striking ``United States or Canada'' and
inserting ``United States, the United Kingdom of Great Britain and
Northern Ireland, Australia, or Canada''.
SEC. 5435. SERVICEMEMBER PROTECTIONS FOR MEDICAL DEBT COLLECTIONS.
(a) Amendments to the Fair Debt Collection Practices Act.--
(1) Definition.--Section 803 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692a) is amended by adding at the end
the following:
``(9) The term `medical debt' means a debt arising
from the receipt of medical services, products, or
devices.''.
(2) Unfair practices.--Section 808 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692f) is amended by adding
at the end the following:
``(9) Engaging in activities to collect or
attempting to collect a medical debt owed or due or
asserted to be owed or due by a consumer who was a
member of the Armed Forces at the time such debt was
incurred, before the end of the 2-year period beginning
on the date that the first payment with respect to such
medical debt is due.''.
(b) Prohibition on Consumer Reporting Agencies Reporting Certain
Medical Debt With Respect to Members of the Armed Forces.--
(1) Definition.--Section 603 of the Fair Credit Reporting
Act (15 U.S.C. 1681a) is amended by adding at the end the
following:
``(bb) Medical Debt.--The term `medical debt' means a debt arising
from the receipt of medical services, products, or devices.
``(cc) Medically Necessary Procedure.--The term `medically
necessary procedure' means--
``(1) health care services or supplies needed to diagnose
or treat an illness, injury, condition, disease, or its
symptoms and that meet accepted standards of medicine; and
``(2) health care to prevent illness or detect illness at
an early stage, when treatment is likely to work best
(including preventive services such as pap tests, flu shots,
and screening mammograms).''.
(2) In general.--Section 605(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681c(a)) is amended--
(A) in paragraph (7), by adding at the end the
following: ``This paragraph shall not be subject to
section 625(b)(1)(E).'';
(B) in paragraph (8), by adding at the end the
following: ``This paragraph shall not be subject to
section 625(b)(1)(E).''; and
(C) by adding at the end the following new
paragraphs:
``(9) Any information related to a debt arising from a
medically necessary procedure that occurred when the consumer
was a member of the Armed Forces. This paragraph shall not be
subject to section 625(b)(1)(E).
``(10) Any information related to a medical debt of a
consumer that was incurred when the consumer was a member of
the Armed Forces, if the date on which such debt was placed for
collection, charged to profit or loss, or subjected to any
similar action antedates the report by less than 365 calendar
days. This paragraph shall not be subject to section
625(b)(1)(E).''.
(c) Requirements for Furnishers of Medical Debt Information With
Respect to Members of the Armed Forces.--
(1) Additional notice requirements for medical debt of
members of the armed forces.--Section 623 of the Fair Credit
Reporting Act (15 U.S.C. 1681s-2) is amended by adding at the
end the following:
``(f) Additional Notice Requirements for Medical Debt of Members of
the Armed Forces.--Before furnishing information regarding a medical
debt of a consumer that was incurred when the consumer was a member of
the Armed Forces to a consumer reporting agency, the person furnishing
the information shall send a statement to the consumer that includes
the following:
``(1) A notification that the medical debt--
``(A) may not be included on a consumer report made
by a consumer reporting agency until the later of the
date that is 365 days after--
``(i) the date on which the person sends
the statement;
``(ii) with respect to the medical debt of
a borrower demonstrating hardship, a date
determined by the Director of the Bureau; or
``(iii) the date described under section
605(a)(10); and
``(B) may not ever be included on a consumer report
made by a consumer reporting agency, if the medical
debt arises from a medically necessary procedure.
``(2) A notification that, if the debt is settled or paid
by the consumer or an insurance company before the end of the
period described under paragraph (1)(A), the debt may not be
reported to a consumer reporting agency.
``(3) A notification that the consumer may--
``(A) communicate with an insurance company to
determine coverage for the debt; or
``(B) apply for financial assistance.''.
(2) Furnishing of medical debt information with respect to
members of the armed forces.--Section 623 of the Fair Credit
Reporting Act (15 U.S.C. 1681s-2), as amended by paragraph (1),
is further amended by adding at the end the following:
``(g) Furnishing of Medical Debt Information With Respect to
Members of the Armed Forces.--
``(1) Prohibition on reporting debt related to medically
necessary procedures.--No person shall furnish any information
to a consumer reporting agency regarding a debt arising from a
medically necessary procedure that occurred when the consumer
was a member of the Armed Forces.
``(2) Treatment of other medical debt information.--With
respect to a medical debt of a consumer that was incurred when
the consumer was a member of the Armed Forces and that is not
described under paragraph (1), no person shall furnish any
information to a consumer reporting agency regarding such debt
before the end of the 365-day period beginning on the later
of--
``(A) the date on which the person sends the
statement described under subsection (f) to the
consumer;
``(B) with respect to the medical debt of a
borrower demonstrating hardship, a date determined by
the Director of the Bureau; or
``(C) the date described in section 605(a)(10).
``(3) Treatment of settled or paid medical debt.--With
respect to a medical debt of a consumer that was incurred when
the consumer was a member of the Armed Forces and that is not
described under paragraph (1), no person shall furnish any
information to a consumer reporting agency regarding such debt
if the debt is settled or paid by the consumer or an insurance
company before the end of the 365-day period described under
paragraph (2).
``(4) Borrower demonstrating hardship defined.--In this
subsection, and with respect to a medical debt, the term
`borrower demonstrating hardship' means a borrower or a class
of borrowers who, as determined by the Director of the Bureau,
is facing or has experienced unusual extenuating life
circumstances or events that result in severe financial or
personal barriers such that the borrower or class of borrowers
does not have the capacity to repay the medical debt.''.
(d) Effective Date.--Except as otherwise provided under subsection
(e), this section and the amendments made by this section shall take
effect on the date that is 180 days after the date of enactment of this
Act.
(e) Discretionary Surplus Funds.--
(1) In general.--The dollar amount specified under section
7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A))
is reduced by $1,000,000.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 30, 2032.
SEC. 5436. PROTECTIONS FOR ACTIVE DUTY UNIFORMED CONSUMER.
(a) Definitions.--Section 603 of the Fair Credit Reporting Act (15
U.S.C. 1681a) is amended--
(1) in subsection (q), by amending paragraph (1) to read as
follows:
``(1) Uniformed consumer.--The term `uniformed consumer'
means a consumer who is--
``(A) a member of the--
``(i) uniformed services (as such term is
defined in section 101(a)(5) of title 10,
United States Code); or
``(ii) National Guard (as such term is
defined in section 101(c)(1) of title 10,
United States Code); and
``(B) in active service (as such term is defined in
section 101(d)(3) of title 10, United States Code),
including full-time duty in the commissioned corps of
the Public Health Service or the National Oceanic and
Atmospheric Administration.''; and
(2) by adding at the end the following:
``(bb) Deployed Uniformed Consumer.--The term `deployed uniformed
consumer' means an uniformed consumer who--
``(1) serves--
``(A) in a combat zone (as such term is defined in
section 112(c)(2) of title 26, United States Code); or
``(B) aboard a United States combatant, support, or
auxiliary vessel (as such terms are defined in section
231(f) of title 10, United States Code); or
``(C) in a deployment (as such term is defined in
section 991(b) of title 10, United States Code); and
``(2) is on active duty (as such term is defined in section
101(d)(2) of title 10, United States Code) for not less than 30
days during the type of service described in paragraph (1).''.
(b) Prohibition on Including Certain Adverse Information in
Consumer Reports.--Section 605 of the Fair Credit Reporting Act (15
U.S.C. 1681c) is amended--
(1) in subsection (a), by adding at the end the following:
``(9) Any item of adverse information about a uniformed
consumer, if the action or inaction that gave rise to the item
occurred while the consumer was a deployed uniformed
consumer.''; and
(2) by adding at the end the following:
``(i) Notice of Status as a Uniformed Consumer.--With respect to an
item of adverse information about a consumer, if the action or inaction
that gave rise to the item occurred while the consumer was a uniformed
consumer, the consumer may provide appropriate proof, including
official orders, to a consumer reporting agency that the consumer was a
deployed uniformed consumer at the time such action or inaction
occurred. The consumer reporting agency shall promptly delete that item
of adverse information from the file of the uniformed consumer and
notify the consumer and the furnisher of the information of the
deletion.''.
(c) Communications Between the Consumer and Consumer Reporting
Agencies.--Section 605A of the Fair Credit Reporting Act (15 U.S.C.
1681c-1) is amended--
(1) in subsection (c)--
(A) by striking ``Upon'' and inserting the
following:
``(1) In general.--Upon'';
(B) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), and moving such
redesignated subparagraphs 2 ems to the right; and
(C) by adding at the end the following:
``(2) Negative information alert.--Any time a consumer
reporting agency receives an item of adverse information about
a consumer, if the consumer has provided appropriate proof that
the consumer is a uniformed consumer, the consumer reporting
agency shall promptly notify the consumer--
``(A) that the agency has received such item of
adverse information, along with a description of the
item; and
``(B) the method by which the consumer can dispute
the validity of the item.
``(3) Contact information for uniformed consumers.--With
respect to any consumer that has provided appropriate proof to
a consumer reporting agency that the consumer is a deployed
uniformed consumer, if the consumer provides the consumer
reporting agency with separate contact information to be used
when communicating with the consumer while the consumer is a
deployed uniformed consumer, the consumer reporting agency
shall use such contact information for all communications while
the consumer is a deployed uniformed consumer.''; and
(2) in subsection (e), by amending paragraph (3) to read as
follows:
``(3) subparagraphs (A) and (B) of subsection (c)(1), in
the case of a referral under subsection (c)(1)(C).''.
(d) Conforming Amendment.--The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended by striking ``active duty military'' each
place such term appears and inserting ``uniformed consumer''.
(e) Sense of Congress.--It is the sense of Congress that any person
making use of a consumer report containing an item of adverse
information should, if the action or inaction that gave rise to the
item occurred while the consumer was a uniformed consumer, take such
fact into account when evaluating the creditworthiness of the consumer.
SEC. 5437. FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS.
(a) Enhanced Protection Against Debt Collector Harassment of
Servicemembers.--
(1) Communication in connection with debt collection.--
Section 805 of the Fair Debt Collection Practices Act (15
U.S.C. 1692c) is amended by adding at the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term `covered
member' means--
``(A) a covered member or a dependent as defined in
section 987(i) of title 10, United States Code; and
``(B)(i) an individual who was separated,
discharged, or released from duty described in such
section 987(i)(1), but only during the 365-day period
beginning on the date of separation, discharge, or
release; or
``(ii) a person, with respect to an individual
described in clause (i), described in subparagraph (A),
(D), (E), or (I) of section 1072(2) of title 10, United
States Code.
``(2) Prohibitions.--A debt collector may not, in
connection with the collection of any debt of a covered
member--
``(A) threaten to have the covered member reduced
in rank;
``(B) threaten to have the covered member's
security clearance revoked; or
``(C) threaten to have the covered member
prosecuted under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).''.
(2) Unfair practices.--Section 808 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692f) is amended by adding
at the end the following:
``(9) The representation to any covered member (as defined
under section 805(e)(1)) that failure to cooperate with a debt
collector will result in--
``(A) a reduction in rank of the covered member;
``(B) a revocation of the covered member's security
clearance; or
``(C) prosecution under chapter 47 of title 10,
United States Code (the Uniform Code of Military
Justice).''.
(b) GAO Study.--The Comptroller General of the United States shall
conduct a study and submit a report to Congress on the impact of this
section on--
(1) the timely delivery of information to a covered member
(as defined in section 805(e) of the Fair Debt Collection
Practices Act, as added by this section);
(2) military readiness; and
(3) national security, including the extent to which
covered members with security clearances would be impacted by
uncollected debt.
(c) Determination of Budgetary Effects.--The budgetary effects of
this section, 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
section, 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. 5438. 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 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 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.
(d) Discretionary Surplus Fund.--
(1) In general.--Subparagraph (A) of section 7(a)(3) of the
Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by
reducing the dollar figure described in such subparagraph by
$1,500,000.
(2) Effective date.--The amendment made by subsection (a)
shall take effect on September 30, 2032.
SEC. 5439. BANKING TRANSPARENCY FOR SANCTIONED PERSONS.
Not later than 180 days after the date of the enactment of this
Act, and every 180 days 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 copy of any license issued by the Secretary in the preceding
180 days that authorizes a United States financial institution (as
defined under section 561.309 of title 31, Code of Federal Regulations)
to provide financial services benefitting--
(1) a state sponsor of terrorism; or
(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.
SEC. 5440. 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 suspend all debt service
payments owed to the institution by 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 maximum 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 descent, and for
countries receiving refugees from Ukraine.
(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 preceding
provisions 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.--The preceding provisions of this section
shall have no force or effect on or after the date that is 7
years after the date of the enactment of this Act.
SEC. 5441. GRANT PROGRAM FOR GRANDFAMILY HOUSING.
(a) In General.--Title II of the LEGACY Act of 2003 (12 U.S.C.
1790q note) is amended by adding at the end the following:
``SEC. 206. GRANT PROGRAM.
``(a) In General.--The Secretary shall, not later than 180 days
after the date of the enactment of this section, establish a program to
provide grants to owners of intergenerational dwelling units.
``(b) Application.--To be eligible to receive a grant under this
section, an owner of an intergenerational dwelling unit shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably require.
``(c) Use of Grant Amounts.--An owner of an intergenerational
dwelling unit that receives a grant under this section shall use
amounts provided to cover costs associated with--
``(1) employing a service coordinator to--
``(A) offer onsite services to intergenerational
families, including tutoring, health care services,
afterschool care, and activities that are age
appropriate for children of various ages of
development; and
``(B) coordinate with any local kinship navigator
program (as described in section 474(a)(7) of the
Social Security Act (42 U.S.C. 674(a)(7));
``(2) facilitating outreach to intergenerational families
as described in subsection (d);
``(3) planning and offering services to intergenerational
families; and
``(4) retrofitting and maintaining existing spaces within
the property that contains the intergenerational dwelling unit
for the services and programs provided to intergenerational
families.
``(d) Outreach.--
``(1) In general.--An owner of an intergenerational
dwelling unit that receives a grant under this section shall
engage with intergenerational families in the community
surrounding the property that contains the grandfamily housing
owned by the grant recipient by--
``(A) performing periodic informational outreach;
and
``(B) planning and executing events for
intergenerational families.
``(2) Coordination.--Outreach under this subsection shall,
where possible, be in coordination with a local kinship
navigator program (as described in section 474(a)(7) of the
Social Security Act (42 U.S.C. 674(a)(7)) or a comparable
program or entity in the State in which the intergenerational
dwelling unit is located.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of fiscal years 2023 and 2024.
``(f) Nondiscrimination.--The program established under this
section shall be implemented by the Secretary in a manner that is
consistent with the Fair Housing Act.''.
(b) VAWA Protections.--Section 41411(a)(3) of the Violence Against
Women Act of 1994 (34 U.S.C. 12491(a)(3)) is amended--
(1) by redesignating subparagraphs (O) and (P) as
subparagraphs (P) and (Q), respectively; and
(2) by inserting after paragraph (N) the following:
``(O) the program established under the Grandfamily
Housing Act of 2022;''.
(c) Report.--Not later than 2 years after the date of enactment of
this section, the Secretary of Housing and Urban Development shall
submit to the Congress a report that--
(1) describes the effectiveness of the grant program
established under section 206 of the LEGACY Act of 2003, as
added by subsection (a); and
(2) makes recommendations for legislative changes that
could allow for the grant program to be more effective.
SEC. 5442. 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. 5443. PROMOTING DIVERSITY AND INCLUSION IN THE APPRAISAL
PROFESSION.
(a) In General.--The Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 is amended--
(1) in section 1103(a) (12 U.S.C. 3332(a))--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting a semicolon;
(C) in paragraph (5), by striking the period at the
end and inserting a semicolon;
(D) in paragraph (6), by striking the period at the
end and inserting ``a semicolon; and''; and
(E) by adding at the end the following new
paragraph:
``(7) administer the grant program under section
1122(j).'';
(2) in section 1106 (12 U.S.C. 3335)--
(A) by inserting ``(a) In General.--'' before ``The
Appraisal Subcommittee'';
(B) by striking the comma after ``comment'';
(C) by inserting before ``Any regulations'' the
following:
``(b) Regulations.--''; and
(D) in subsection (a) (as so designated by
subparagraph (A) of this paragraph), by adding at the
end the following: ``The Appraisal Subcommittee may
coordinate, and enter into agreements, with private
industry stakeholders (including appraisal management
companies and industry associations) to facilitate
activities and practices that ensure diversity among
individuals newly hired as appraisers in their first
employment positions in the appraisal industry.''; and
(3) in section 1122 (12 U.S.C. 3351), by adding at the end
the following new subsection:
``(j) Grant Program To Promote Diversity and Inclusion in the
Appraisal Profession.--
``(1) In general.--The Appraisal Subcommittee shall carry
out a program under this subsection to makes grants to State
agencies, nonprofit organizations, and institutions of higher
education to promote diversity and inclusion in the appraisal
profession.
``(2) Eligible activities.--Activities carried out with
amounts from a grant under this Act shall be designed to
promote diversity and inclusion in the appraisal profession,
and may include--
``(A) funding scholarships;
``(B) providing training and education;
``(C) providing implicit bias training for
appraisers; and
``(D) other activities as determined appropriate to
further the purposes of this grant program by the
Appraisal Subcommittee.
``(3) Allocation of funds.--In making grants under this
subsection, the Appraisal Subcommittee shall--
``(A) allocate 50 percent of the funds made
available to part B institutions (as such term is
defined in section 322 of the Higher Education Act of
1965 (20 U.S.C. 1061)) or universities with degree
programs approved by the Appraiser Qualifications Board
or a relevant State regulatory agency for--
``(i) scholarships for students of color
who want to pursue a career in real estate
appraisal; and
``(ii) subsidizing living expenses for
those students while in training; and
``(B) allocate 20 percent of the funds to cover the
cost of fulfilling the experience requirements or other
applicable requirements that the students described
under subparagraph (A) will need to complete in order
to become appraisers.
``(4) Administrative costs.--The Appraisal Subcommittee may
use 1 percent of amounts appropriated pursuant to paragraph (6)
to cover the administrative costs of carrying out this
subsection.
``(5) Reports.--For each fiscal year during which grants
are made under the program under this subsection, the Appraisal
Subcommittee shall submit a report to the Congress regarding
implementation of the program and describing the grants made,
activities conducted using grant amounts, and the number of
individuals served by such grants, disaggregated by race,
ethnicity, age, and gender.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Appraisal Subcommittee for carrying out the
amendments made by this section, including for making grants authorized
by such amendments, $50,000,000 for each of fiscal years 2023 through
2027.
SEC. 5444. COMBATING TRADE-BASED MONEY LAUNDERING.
(a) Findings.--Congress finds the following:
(1) Trade-based money laundering is among the most widely
used and least understood forms of money laundering, disguising
proceeds of crime by moving value through international trade
transactions in an attempt to legitimize illicit origins of
money or products.
(2) The transnational nature and complexity of trade-based
money laundering make detection and investigation exceedingly
difficult.
(3) Drug trafficking organizations, terrorist
organizations, and other transnational criminal organizations
have succeeded at trade-based money laundering despite the best
efforts of United States law enforcement.
(4) Trade-based money laundering includes other offenses
such as tax evasion, disruption of markets, profit loss for
businesses, and corruption of government officials, and
constitutes a persistent threat to the economy and security of
the United States.
(5) Trade-based money laundering can result in the
decreased collection of customs duties as a result of the
undervaluation of imports and fraudulent cargo manifests.
(6) Trade-based money laundering can decrease tax revenue
collected as a result of the sale of underpriced goods in the
marketplace.
(7) Trade-based money laundering is one mechanism by which
counterfeiters infiltrate supply chains, threatening the
quality and safety of consumer, industrial, and military
products.
(8) Drug trafficking organizations collaborate with Chinese
criminal networks to launder profits from drug trafficking
through Chinese messaging applications.
(9) On March 16, 2021, the Commander of the United States
Southern Command, Admiral Faller, testified to the Committee on
Armed Services of the Senate that transnational criminal
organizations ``market in drugs and people and guns and illegal
mining, and one of the prime sources that underwrites their
efforts is Chinese money-laundering''.
(10) The deaths and violence associated with drug
traffickers, the financing of terrorist organizations and other
violent non-state actors, and the adulteration of supply chains
with counterfeit goods showcase the danger trade-based money
laundering poses to the United States.
(11) Trade-based money laundering undermines national
security and the rule of law in countries where it takes place.
(12) Illicit profits for transnational criminal
organizations and other criminal organizations can lead to
instability globally.
(13) The United States is facing a drug use and overdose
epidemic, as well as an increase in consumption of synthetic
drugs, such as methamphetamine and fentanyl, which is often
enabled by Chinese money laundering organizations operating in
coordination with drug-trafficking organizations and
transnational criminal organizations in the Western Hemisphere
that use trade-based money laundering to disguise the proceeds
of drug trafficking.
(14) The presence of drug traffickers in the United States
and their intrinsic connection to international threat
networks, as well as the use of licit trade to further their
motives, is a national security concern.
(15) Drug-trafficking organizations frequently use the
trade-based money laundering scheme known as the ``Black Market
Peso Exchange'' to move their ill-gotten gains out of the
United States and into Central and South America.
(16) United States ports and U.S. Customs and Border
Protection do not have the capacity to properly examine the
60,000,000 shipping containers that pass through United States
ports annually, with only 2 to 5 percent of that cargo actively
inspected.
(17) Trade-based money laundering can only be combated
effectively if the intelligence community, law enforcement
agencies, the Department of State, the Department of Defense,
the Department of the Treasury, the Department of Homeland
Security, the Department of Justice, and the private sector
work together.
(18) Drug-trafficking organizations, terrorist
organizations, and other transnational criminal organizations
disguise the proceeds of their illegal activities behind
sophisticated mechanisms that operate seamlessly between licit
and illicit trade and financial transactions, making it almost
impossible to address without international cooperation.
(19) The United States has established Trade Transparency
Units with 18 partner countries, including with major drug-
producing and transit countries, to facilitate the increased
exchange of import-export data to combat trade-based money
laundering.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the activities of transnational criminal organizations
and their networks, and the means by which such organizations
and networks move and launder their ill-gotten gains, such as
through the use of illicit economies, illicit trade, and trade-
based money laundering, pose a threat to the national interests
and national security of the United States and allies and
partners of the United States around the world;
(2) in addition to considering the countering of illicit
economies, illicit trade, and trade-based money laundering as a
national priority and committing to detect, address, and
prevent such activities, the President should--
(A) continue to assess, in the periodic national
risk assessments on money laundering, terrorist
financing, and proliferation financing conducted by the
Department of the Treasury, the ongoing risks of trade-
based money laundering;
(B) finalize the assessment described in the
Explanatory Statement accompanying the Financial
Services and General Government Appropriations Act,
2020 (division C of the Consolidated Appropriations
Act, 2020 (Public Law 116-93)), which directs the
Financial Crimes Enforcement Network of the Department
of the Treasury to thoroughly assess the risk that
trade-based money laundering and other forms of illicit
finance pose to national security;
(C) work expeditiously to develop, finalize, and
execute a strategy, as described in section 6506 of the
Anti-Money Laundering Act of 2020 (title LXV of
division F of Public Law 116-283; 134 Stat. 4631),
drawing on the multiple instruments of United States
national power available, to counter--
(i) the activities of transnational
criminal organizations, including illicit trade
and trade-based money laundering; and
(ii) the illicit economies such
organizations operate in;
(D) coordinate with international partners to
implement that strategy, exhorting those partners to
strengthen their approaches to combating transnational
criminal organizations; and
(E) review that strategy on a biennial basis and
improve it as needed in order to most effectively
address illicit economies, illicit trade, and trade-
based money laundering by exploring the use of emerging
technologies and other new avenues for interrupting and
putting an end to those activities; and
(3) the Trade Transparency Unit program of the Department
of Homeland Security should take steps to strengthen its work,
including in countries that the Department of State has
identified as major money laundering jurisdictions under
section 489 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291h).
SEC. 5445. DISCLOSURE OF DISABILITY, VETERAN, AND MILITARY STATUS.
Section 304(b)(4) of the Home Mortgage Disclosure Act of 1975 (12
U.S.C. 2803(b)(4)) is amended by striking ``age,'' and inserting ``age,
veteran and military status, disability status,''.
SEC. 5446. STRENGTHENING CYBERSECURITY FOR THE FINANCIAL SECTOR.
(a) Regulation and Examination of Credit Union Organizations and
Service Providers.--Section 206A of the Federal Credit Union Act (12
U.S.C. 1786a) is amended--
(1) in subsection (a)(1), by striking ``that'' and
inserting ``an'';
(2) in subsection (c)(2), by inserting after ``shall notify
the Board'' the following: ``, in a manner and method
prescribed by the Board,''; and
(3) by striking subsection (f) and inserting the following:
``(f) Exercise of Authority.--To minimize duplicative efforts,
prior to conducting any examination of a credit union organization
under the authority provided to the Board under this section, the Board
shall first seek to collect any information which the Board intends to
acquire through such examination from--
``(1) any Federal regulatory agencies that supervise any
activity of that credit union organization; and
``(2) any Federal banking agency that supervises any other
person who maintains an ownership interest in that credit union
organization.''.
(b) GAO Study on FHFA's Regulation of Service Providers.--
(1) Study.--The Comptroller General of the United States
shall carry out a study on the Federal Housing Finance Agency's
authority and regulation of service providers to its regulated
entities, including the Federal National Mortgage Association,
the Federal Home Loan Mortgage Corporation, and the Federal
Home Loan Banks.
(2) Report.--Not later than the end of the 12-month period
beginning on the date of the enactment of this Act, the
Comptroller General shall issue a report to Congress
containing--
(A) all findings and determinations made in
carrying out the study required under paragraph (1);
(B) an analysis of the Federal Housing Finance
Agency's existing authority, how service providers to
the Federal Housing Finance Agency's regulated entities
are currently regulated, and risks to the regulated
entities associated with third-party service providers;
and
(C) recommendations for legislative and
administrative action.
SEC. 5447. REVIEW OF IMF LOAN SURCHARGE POLICY.
(a) Findings.--The Congress finds as follows:
(1) The International Monetary Fund (in this section
referred to as the ``IMF'') imposes a surcharge, in addition to
standard interest and service fees, of 200 basis points on
outstanding credit provided through its General Resources
Account that exceeds 187.5 percent of the IMF country quota,
and an additional 100 basis points if that credit has been
outstanding for over 36 or 51 months, depending on the
facility.
(2) According to the IMF, ``These level and time-based
surcharges are intended to help mitigate credit risk by
providing members with incentives to limit their demand for
Fund assistance and encourage timely repurchases while at the
same time generating income for the Fund to accumulate
precautionary balances.''.
(3) According to a 2021 report by the European Network on
Debt and Development, surcharges increase the average cost of
borrowing from the IMF by over 64 percent for surcharged
countries. Surcharges increased Ukraine's borrowing costs on
its IMF lending program by nearly 27 percent, Jordan's by 72
percent, and Egypt's by over 104 percent.
(4) As a result of Russia's invasion, the World Bank
predicts that Ukraine will experience an economic contraction
of 45 percent in 2022. Yet Ukraine is expected to pay the IMF
an estimated $483,000,000 in surcharges from 2021 through 2027.
(5) The Ukraine Comprehensive Debt Payment Relief Act of
2022 (H.R.7081), which requires the Department of Treasury to
make efforts to secure debt relief for Ukraine, was passed by
the House of Representatives on May 11, 2022, with overwhelming
bipartisan support, by a vote of 362 Yeas to 56 Nays.
(6) As a result of the war in Ukraine and other factors,
the World Bank predicted that global growth rates will slow to
2.9 percent in 2022, down nearly half from 2021. External
public debt of developing economies is at record levels, and
the World Bank, IMF, and United Nations have all warned of
coming defaults and a potential global debt crisis. As food and
energy prices rise, the World Food Program has estimated that
750,000 people are at immediate risk of starvation or death,
and 323,000,000 people may experience acute food insecurity
before the end of the year.
(7) Since 2020, the number of countries paying surcharges
to the IMF has increased from 9 to 16. A December 2021 IMF
policy paper, notes that under the IMF's model-based World
Economic Outlook scenario ``the number of surcharge-paying
members would increase to 38 in FY 2024 and FY 2025'' and that
under the Fund's ``adverse scenario, the number of surcharge-
paying members and the amount of surcharge income would
increase even more sharply''.
(8) An April 2022 brief from the United Nations Global
Crisis Response Group on Food, Energy and Finance on the
impacts of the war in Ukraine on developing countries called
for the immediate suspension of surcharge payments for a
minimum of 2 years, because ``[s]urcharges do not make sense
during a global crisis since the need for more financing does
not stem from national conditions but from the global economy
shock''.
(b) Review of Surcharge Policy at the International Monetary
Fund.--The Secretary of the Treasury shall instruct the United States
Executive Director at the International Monetary Fund to use the voice
and vote of the United States to--
(1) initiate an immediate review by the IMF of the
surcharge policy of the IMF to be completed, and its results
and underlying data published, within 365 days; and
(2) suspend and waive surcharge payments during the
pendency of the review.
(c) Components of the Review of Surcharge Policy.--The review
referred to in subsection (b) shall include the following:
(1) A borrower-by-borrower analysis of surcharges in terms
of cost and as a percentage of national spending on debt
service on IMF loans, food security, and health for the 5-year
period beginning at the start of the COVID-19 pandemic.
(2) Evaluation of the policy's direct impact on--
(A) disincentivizing large and prolonged reliance
on Fund credit;
(B) mitigating the credit risks taken by the IMF;
(C) improving borrower balance of payments and debt
sustainability, particularly during periods of
contraction, unrest, and pandemic;
(D) promoting fiscally responsible policy reforms;
(E) disincentivizing borrowers from seeking opaque
and potentially predatory bilateral loans; and
(F) improving the ability of borrowers to repay
private creditors and access the private credit market.
(3) Recommendations for--
(A) Identifying alternative sources of funding for
the IMF's precautionary balances that prioritize stable
funding sources and equitable burden-sharing among IMF
members;
(B) Determining whether the Fund should maintain,
reform, temporarily suspend or eliminate the use of
surcharges.
(4) The review process must incorporate extensive
consultation with relevant experts, particularly those from
countries that are currently paying or have recently paid
surcharges. These experts should include government officials
responsible for overseeing economic development, social
services, and defense, United Nations officials, economic
research institutes, academics, and civil society
organizations.
SEC. 5448. GRANTS TO ELIGIBLE ENTITIES FOR ENHANCED PROTECTION OF
SENIOR INVESTORS AND SENIOR POLICYHOLDERS.
(a) In General.--Section 989A of the Investor Protection and
Securities Reform Act of 2010 (15 U.S.C. 5537) is amended to read as
follows:
``SEC. 989A. GRANTS TO ELIGIBLE ENTITIES FOR ENHANCED PROTECTION OF
SENIOR INVESTORS AND SENIOR POLICYHOLDERS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) the securities commission (or any agency or
office performing like functions) of any State; and
``(B) the insurance department (or any agency or
office performing like functions) of any State.
``(2) Senior.--The term `senior' means any individual who
has attained the age of 62 years or older.
``(3) Senior financial fraud.--The term `senior financial
fraud' means a fraudulent or otherwise illegal, unauthorized,
or improper act or process of an individual, including a
caregiver or a fiduciary, that--
``(A) uses the resources of a senior for monetary
or personal benefit, profit, or gain;
``(B) results in depriving a senior of rightful
access to or use of benefits, resources, belongings, or
assets; or
``(C) is an action described in section 1348 of
title 18, United States Code, that is taken against a
senior.
``(4) Task force.--The term `task force' means the task
force established under subsection (b)(1).
``(b) Grant Program.--
``(1) Task force.--
``(A) In general.--The Commission shall establish a
task force to carry out the grant program under
paragraph (2).
``(B) Membership.--The task force shall consist of
the following members:
``(i) A Chair of the task force, who--
``(I) shall be appointed by the
Chairman of the Commission, in
consultation with the Commissioners of
the Commission; and
``(II) may be a representative of
the Office of the Investor Advocate of
the Commission, the Division of
Enforcement of the Commission, or such
other representative as the Commission
determines appropriate.
``(ii) If the Chair is not a representative
of the Office of the Investor Advocate of the
Commission, a representative of such Office.
``(iii) If the Chair is not a
representative of the Division of Enforcement
of the Commission, a representative of such
Division.
``(iv) Such other representatives as the
Commission determines appropriate.
``(C) Detail of executive agency employees.--Upon
the request of the Commission, the head of any Federal
agency may detail, on a reimbursable basis, any of the
personnel of that Federal agency to the Commission to
assist it in carrying out its functions under this
section. The detail of any such personnel shall be
without interruption or loss of civil service status or
privilege.
``(2) Grants.--The task force shall carry out a program
under which the task force shall make grants, on a competitive
basis, to eligible entities, which--
``(A) may use the grant funds--
``(i) to hire staff to identify,
investigate, and prosecute (through civil,
administrative, or criminal enforcement
actions) cases involving senior financial
fraud;
``(ii) to fund technology, equipment, and
training for regulators, prosecutors, and law
enforcement officers, in order to identify,
investigate, and prosecute cases involving
senior financial fraud;
``(iii) to provide educational materials
and training to seniors to increase awareness
and understanding of senior financial fraud;
``(iv) to develop comprehensive plans to
combat senior financial fraud; and
``(v) to enhance provisions of State law to
provide protection from senior financial fraud;
and
``(B) may not use the grant funds for any indirect
expense, such as rent, utilities, or any other general
administrative cost that is not directly related to the
purpose of the grant program.
``(3) Authority of task force.--In carrying out paragraph
(2), the task force--
``(A) may consult with staff of the Commission; and
``(B) shall make public all actions of the task
force relating to carrying out that paragraph.
``(c) Applications.--An eligible entity desiring a grant under this
section shall submit an application to the task force, in such form and
in such a manner as the task force may determine, that includes--
``(1) a proposal for activities to protect seniors from
senior financial fraud that are proposed to be funded using a
grant under this section, including--
``(A) an identification of the scope of the problem
of senior financial fraud in the applicable State;
``(B) a description of how the proposed activities
would--
``(i) protect seniors from senior financial
fraud, including by proactively identifying
victims of senior financial fraud;
``(ii) assist in the investigation and
prosecution of those committing senior
financial fraud; and
``(iii) discourage and reduce cases of
senior financial fraud; and
``(C) a description of how the proposed activities
would be coordinated with other State efforts; and
``(2) any other information that the task force determines
appropriate.
``(d) Performance Objectives; Reporting Requirements; Audits.--
``(1) In general.--The task force--
``(A) may establish such performance objectives and
reporting requirements for eligible entities receiving
a grant under this section as the task force determines
are necessary to carry out and assess the effectiveness
of the program under this section; and
``(B) shall require each eligible entity that
receives a grant under this section to submit to the
task force a detailed accounting of the use of grant
funds, which shall be submitted at such time, in such
form, and containing such information as the task force
may require.
``(2) Report.--Not later than 2 years, and again not later
than 5 years, after the date of the enactment of the Empowering
States to Protect Seniors from Bad Actors Act, the task force
shall submit to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate a report that--
``(A) specifies each recipient of a grant under
this section;
``(B) includes a description of the programs that
are supported by each such grant; and
``(C) includes an evaluation by the task force of
the effectiveness of such grants.
``(3) Audits.--The task force shall annually conduct an
audit of the program under this section to ensure that eligible
entities to which grants are made under that program are, for
the year covered by the audit, using grant funds for the
intended purposes of those funds.
``(e) Maximum Amount.--The amount of a grant to an eligible entity
under this section may not exceed $500,000, which the task force shall
adjust annually to reflect the percentage change in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
``(f) Subgrants.--An eligible entity that receives a grant under
this section may, in consultation with the task force, make a subgrant,
as the eligible entity determines is necessary or appropriate--
``(1) to carry out the activities described in subsection
(b)(2)(A); and
``(2) which may not be used for any activity described in
subsection (b)(2)(B).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2023 through 2028.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Dodd-Frank Wall Street Reform and Consumer Protection Act is
amended by striking the item relating to section 989A and inserting the
following:
``Sec. 989A. Grants to eligible entities for enhanced protection of
senior investors and senior
policyholders.''.
SEC. 5449. BANKING TRANSPARENCY FOR SANCTIONED PERSONS.
(a) Report on Financial Services Benefitting State Sponsors of
Terrorism, Human Rights Abusers, and Corrupt Officials.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days 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) a copy of any license issued by the Secretary
in the preceding 180 days that authorizes a financial
institution to provide financial services benefitting a
state sponsor of terrorism; and
(B) a list of any foreign financial institutions
that, in the preceding 180 days, knowingly conducted a
significant transaction or transactions, directly or
indirectly, for a sanctioned person included on the
Department of the Treasury's Specially Designated
Nationals And Blocked Persons List who--
(i) is owned or controlled by, or acts on
behalf of, the government of a state sponsor of
terrorism; or
(ii) is designated pursuant to any of the
following:
(I) Section 404 of the Russia and
Moldova Jackson-Vanik Repeal and Sergei
Magnitsky Rule of Law Accountability
Act of 2012 (Public Law 112208).
(II) 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).
(III) Executive Order No. 13818.
(2) Form of report.--The report required under paragraph
(1) shall be submitted in unclassified form but may contain a
classified annex.
(b) Waiver.--The Secretary of the Treasury may waive the
requirements of subsection (a) with respect to a foreign financial
institution described in paragraph (1)(B) of such subsection--
(1) upon receiving credible assurances that the foreign
financial institution has ceased, or will imminently cease, to
knowingly conduct any significant transaction or transactions,
directly or indirectly, for a person described in clause (i) or
(ii) of such subparagraph (B); or
(2) upon certifying 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 the waiver is important to the
national interest of the United States, with an explanation of
the reasons therefor.
(c) Definitions.--For purposes of this section:
(1) Financial institution.--The term ``financial
institution'' means a United States financial institution or a
foreign financial institution.
(2) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term under
section 561.308 of title 31, Code of Federal Regulations.
(3) 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.
(4) United states financial institution.--The term ``United
States financial institution'' has the meaning given the term
``U.S. financial institution'' under section 561.309 of title
31, Code of Federal Regulations.
(d) Sunset.--The reporting requirement under this section shall
terminate on the date that is the end of the 7-year period beginning on
the date of the enactment of this Act.
SEC. 5450. BUREAU SERVICEMEMBER AND VETERAN CREDIT REPORTING
OMBUDSPERSON.
(a) In General.--Section 611(a) of the Fair Credit Reporting Act
(15 U.S.C. 1681i(a)) is amended by adding at the end the following:
``(9) Bureau servicemember and veteran credit reporting
ombudsperson.--
``(A) In general.--Not later than 180 days after
the date of enactment of this paragraph, the Bureau
shall establish the position of servicemember and
veteran credit reporting ombudsperson, who shall carry
out the Bureau's responsibilities with respect to--
``(i) resolving persistent errors that are
not resolved in a timely manner by a consumer
reporting agency in connection with
servicemembers and veterans; and
``(ii) enhancing oversight of consumer
reporting agencies by--
``(I) advising the Director of the
Bureau, in consultation with the Office
of Enforcement and the Office of
Supervision of the Bureau, on any
potential violations of paragraph (5)
or any other applicable law by a
consumer reporting agency in connection
with servicemembers and veterans,
including appropriate corrective action
for such a violation; and
``(II) making referrals to the
Office of Supervision for supervisory
action or the Office of Enforcement for
enforcement action, as appropriate, in
response to violations of paragraph (5)
or any other applicable law by a
consumer reporting agency in connection
with servicemembers and veterans.
``(B) Consultation with veterans service
organizations.--The servicemember and veteran credit
reporting ombudsperson shall consult with veterans
service organizations in carrying out the duties of the
ombudsperson.
``(C) Report.--The ombudsperson shall submit to the
Committees on Financial Services and Veterans' Affairs
of the House of Representatives and the Committees on
Banking, Housing, and Urban Affairs and Veterans'
Affairs of the Senate an annual report including
statistics and analysis on consumer complaints the
Bureau receives relating to consumer reports in
connection with servicemembers and veterans, as well as
a summary of the supervisory actions and enforcement
actions taken with respect to consumer reporting
agencies in connection with servicemembers and veterans
during the year covered by the report.''.
(b) Discretionary Surplus Funds.--
(1) In general.--The dollar amount specified under section
7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A))
is reduced by $18,000,000.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 30, 2032.
SEC. 5451. SENIOR INVESTOR TASKFORCE.
(a) In General.--Section 4 of the Securities Exchange Act of 1934
(15 U.S.C. 78d) is amended by adding at the end the following:
``(k) Senior Investor Taskforce.--
``(1) Establishment.--There is established within the
Commission the Senior Investor Taskforce (in this subsection
referred to as the `Taskforce').
``(2) Director of the taskforce.--The head of the Taskforce
shall be the Director, who shall--
``(A) report directly to the Chairman; and
``(B) be appointed by the Chairman, in consultation
with the Commission, from among individuals--
``(i) currently employed by the Commission
or from outside of the Commission; and
``(ii) having experience in advocating for
the interests of senior investors.
``(3) Staffing.--The Chairman shall ensure that--
``(A) the Taskforce is staffed sufficiently to
carry out fully the requirements of this subsection;
and
``(B) such staff shall include individuals from the
Division of Enforcement, Office of Compliance
Inspections and Examinations, and Office of Investor
Education and Advocacy.
``(4) No compensation for members of taskforce.--All
members of the Taskforce appointed under paragraph (2) or (3)
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
``(5) Minimizing duplication of efforts.--In organizing and
staffing the Taskforce, the Chairman shall take such actions as
may be necessary to minimize the duplication of efforts within
the divisions and offices described under paragraph (3)(B) and
any other divisions, offices, or taskforces of the Commission.
``(6) Functions of the taskforce.--The Taskforce shall--
``(A) identify challenges that senior investors
encounter, including problems associated with financial
exploitation and cognitive decline;
``(B) identify areas in which senior investors
would benefit from changes in the regulations of the
Commission or the rules of self-regulatory
organizations;
``(C) coordinate, as appropriate, with other
offices within the Commission, other taskforces that
may be established within the Commission, self-
regulatory organizations, and the Elder Justice
Coordinating Council; and
``(D) consult, as appropriate, with State
securities and law enforcement authorities, State
insurance regulators, and other Federal agencies.
``(7) Report.--The Taskforce, in coordination, as
appropriate, with the Office of the Investor Advocate and self-
regulatory organizations, and in consultation, as appropriate,
with State securities and law enforcement authorities, State
insurance regulators, and Federal agencies, shall issue a
report every 2 years to the Committee on Banking, Housing, and
Urban Affairs and the Special Committee on Aging of the Senate
and the Committee on Financial Services of the House of
Representatives, the first of which shall not be issued until
after the report described in section 5403(b) of the National
Defense Authorization Act for Fiscal Year 2023 has been issued
and considered by the Taskforce, containing--
``(A) appropriate statistical information and full
and substantive analysis;
``(B) a summary of recent trends and innovations
that have impacted the investment landscape for senior
investors;
``(C) a summary of regulatory initiatives that have
concentrated on senior investors and industry practices
related to senior investors;
``(D) key observations, best practices, and areas
needing improvement, involving senior investors
identified during examinations, enforcement actions,
and investor education outreach;
``(E) a summary of the most serious issues
encountered by senior investors, including issues
involving financial products and services;
``(F) an analysis with regard to existing policies
and procedures of brokers, dealers, investment
advisers, and other market participants related to
senior investors and senior investor-related topics and
whether these policies and procedures need to be
further developed or refined;
``(G) recommendations for such changes to the
regulations, guidance, and orders of the Commission and
self-regulatory organizations and such legislative
actions as may be appropriate to resolve problems
encountered by senior investors; and
``(H) any other information, as determined
appropriate by the Director of the Taskforce.
``(8) Request for reports.--The Taskforce shall make any
report issued under paragraph (7) available to a Member of
Congress who requests such a report.
``(9) Sunset.--The Taskforce shall terminate after the end
of the 10-year period beginning on the date of the enactment of
this subsection.
``(10) Senior investor defined.--For purposes of this
subsection, the term `senior investor' means an investor over
the age of 65.
``(11) Use of existing funds.--The Commission shall use
existing funds to carry out this subsection.''.
(b) GAO Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress and the Senior Investor
Taskforce the results of a study of financial exploitation of
senior citizens.
(2) Contents.--The study required under paragraph (1) shall
include information with respect to--
(A) economic costs of the financial exploitation of
senior citizens--
(i) associated with losses by victims that
were incurred as a result of the financial
exploitation of senior citizens;
(ii) incurred by State and Federal
agencies, law enforcement and investigatory
agencies, public benefit programs, public
health programs, and other public programs as a
result of the financial exploitation of senior
citizens;
(iii) incurred by the private sector as a
result of the financial exploitation of senior
citizens; and
(iv) any other relevant costs that--
(I) result from the financial
exploitation of senior citizens; and
(II) the Comptroller General
determines are necessary and
appropriate to include in order to
provide Congress and the public with a
full and accurate understanding of the
economic costs resulting from the
financial exploitation of senior
citizens in the United States;
(B) frequency of senior financial exploitation and
correlated or contributing factors--
(i) information about percentage of senior
citizens financially exploited each year; and
(ii) information about factors contributing
to increased risk of exploitation, including
such factors as race, social isolation, income,
net worth, religion, region, occupation,
education, home-ownership, illness, and loss of
spouse; and
(C) policy responses and reporting of senior
financial exploitation--
(i) the degree to which financial
exploitation of senior citizens unreported to
authorities;
(ii) the reasons that financial
exploitation may be unreported to authorities;
(iii) to the extent that suspected elder
financial exploitation is currently being
reported--
(I) information regarding which
Federal, State, and local agencies are
receiving reports, including adult
protective services, law enforcement,
industry, regulators, and professional
licensing boards;
(II) information regarding what
information is being collected by such
agencies; and
(III) information regarding the
actions that are taken by such agencies
upon receipt of the report and any
limits on the agencies' ability to
prevent exploitation, such as
jurisdictional limits, a lack of
expertise, resource challenges, or
limiting criteria with regard to the
types of victims they are permitted to
serve;
(iv) an analysis of gaps that may exist in
empowering Federal, State, and local agencies
to prevent senior exploitation or respond
effectively to suspected senior financial
exploitation; and
(v) an analysis of the legal hurdles that
prevent Federal, State, and local agencies from
effectively partnering with each other and
private professionals to effectively respond to
senior financial exploitation.
(3) Senior citizen defined.--For purposes of this
subsection, the term ``senior citizen'' means an individual
over the age of 65.
SEC. 5452. MILITARY SERVICE QUESTION.
(a) In General.--Subpart A of part 2 of subtitle A of title VIII of
the Housing and Community Development Act of 1992 (12 U.S.C. 4541 et
seq.) is amended by adding at the end the following:
``SEC. 1329. UNIFORM RESIDENTIAL LOAN APPLICATION.
``The Director shall, not later than 6 months after the date of the
enactment of this section, require each enterprise to--
``(1) include a military service question on the form known
as the Uniform Residential Loan Application; and
``(2) position such question above the signature line of
the Uniform Residential Loan Application.''.
(b) Rulemaking.--The Director of the Federal Housing Finance Agency
shall, not later than 6 months after the date of the enactment of this
section, issue a rule to carry out the amendment made by this section.
SEC. 5453. PROHIBITION ON TRADING AHEAD BY MARKET MAKERS.
(a) In General.--Section 15 of the Securities Exchange Act of 1934
(15 U.S.C. 78o) is amended by adding at the end the following:
``(p) Prohibition on Trading Ahead by Market Makers.--
``(1) In general.--With respect to a person acting in the
capacity of a market maker, if the person accepts an order with
respect to a security from a customer, including a broker or
dealer--
``(A) the market maker has a duty of trust and
loyalty to the customer arising from the receipt of
such order; and
``(B) the information in such order is material,
non-public information that may be used only in
furtherance of executing such customer's order.
``(2) Annual ceo certification.--The Chief Executive
Officer of each person that acts in the capacity of a market
maker shall issue an annual certification to the Commission, in
such form and manner as the Commission may prescribe by rule,
that certifies that--
``(A) the person has performed reasonable due
diligence during the reporting period to ensure that
the person has not violated the duty of trust and
loyalty described under paragraph (1)(A) or used the
information described under paragraph (1)(B) in a
prohibited fashion; and
``(B) the person has not violated the duty of trust
and loyalty described under paragraph (1)(A) or used
the information described under paragraph (1)(B) in a
prohibited fashion during the reporting period.
``(3) Personal liability.--
``(A) Fine for individual violations.--Any
associated person of a market maker who knowingly and
willfully causes the market maker to violate paragraph
(1) (or who directs another agent or associated person
of the market maker to commit such a violation or
engage in such acts that result in the associated
person being personally unjustly enriched) shall be
fined in an amount equal to the greater of--
``(i) two times the amount of profit
realized by reason of such violation; or
``(ii) $50,000.
``(B) Course of conduct.--Any associated person of
a market maker who knowingly and willfully causes the
market maker to engage in a course of conduct of
knowingly and willfully violating paragraph (1) (or who
directs another agent or associated person of the
market maker to commit such a violation or engage in
such acts that result in the associated person being
personally unjustly enriched) shall be--
``(i) fined in an amount not to exceed 200
percent of the compensation (including stock
options awarded as compensation) received by
such associated person from the market maker--
``(I) during the time period in
which the violations occurred; or
``(II) in the one- to three-year
time period preceding the date on which
the violations were discovered; and
``(ii) imprisoned for not more than 5
years.
``(C) Associated person defined.--The term
`associated person' means an associated person of a
broker or dealer.
``(4) Rulemaking.--Not later than the end of the 90-day
period beginning on the date of enactment of this subsection,
the Commission--
``(A) shall issue rules to carry out this
subsection; and
``(B) may provide exemptions from the requirements
of this subsection, by rule, if the Commission
determines that such exemptions would promote market
integrity and are necessary or appropriate in the
public interest or for the protection of investors.''.
(b) Sense of Congress.--It is the sense of the Congress that the
prohibitions added by this section should complement, and not replace,
existing rules of self-regulatory organizations applicable to their
members, including brokers and dealers.
(c) Effective Date.--Section 15(p) of the Securities Exchange Act
of 1934, as added by subsection (a), shall take effect after the end of
the 180-day period beginning on the date of enactment of this Act.
SEC. 5454. SECURING AMERICA'S VACCINES FOR EMERGENCIES.
(a) Securing Essential Medical Materials.--
(1) Statement of policy.--Section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. 4502) is amended--
(A) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) authorities under this Act should be used when
appropriate to ensure the availability of medical materials
essential to national defense, including through measures
designed to secure the drug supply chain, and taking into
consideration the importance of United States competitiveness,
scientific leadership and cooperation, and innovative
capacity;''.
(2) Strengthening domestic capability.--Section 107 of the
Defense Production Act of 1950 (50 U.S.C. 4517) is amended--
(A) in subsection (a), by inserting ``(including
medical materials)'' after ``materials''; and
(B) in subsection (b)(1), by inserting ``(including
medical materials such as drugs, devices, and
biological products to diagnose, cure, mitigate, treat,
or prevent disease that are essential to national
defense)'' after ``essential materials''.
(3) Strategy on securing supply chains for medical
materials.--Title I of the Defense Production Act of 1950 (50
U.S.C. 4511 et seq.) is amended by adding at the end the
following:
``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the President, in consultation with the
Secretary of Health and Human Services, the Secretary of Commerce, the
Secretary of Homeland Security, and the Secretary of Defense, shall
transmit a strategy to the appropriate Members of Congress that
includes the following:
``(1) A detailed plan to use the authorities under this
title and title III, or any other provision of law, to ensure
the supply of medical materials (including drugs, devices, and
biological products (as that term is defined in section 351 of
the Public Health Service Act (42 U.S.C. 262)) to diagnose,
cure, mitigate, treat, or prevent disease) essential to
national defense, to the extent necessary for the purposes of
this Act.
``(2) An analysis of vulnerabilities to existing supply
chains for such medical materials, and recommendations to
address the vulnerabilities.
``(3) Measures to be undertaken by the President to
diversify such supply chains, as appropriate and as required
for national defense.
``(4) A discussion of--
``(A) any significant effects resulting from the
plan and measures described in this subsection on the
production, cost, or distribution of biological
products (as that term is defined in section 351 of the
Public Health Service Act (42 U.S.C. 262)) or any other
devices or drugs (as defined under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.));
``(B) a timeline to ensure that essential
components of the supply chain for medical materials
are not under the exclusive control of a foreign
government in a manner that the President determines
could threaten the national defense of the United
States; and
``(C) efforts to mitigate any risks resulting from
the plan and measures described in this subsection to
United States competitiveness, scientific leadership,
and innovative capacity, including efforts to cooperate
and proactively engage with United States allies.
``(b) Progress Report.--Following submission of the strategy under
subsection (a), the President shall submit to the appropriate Members
of Congress an annual progress report until September 30, 2025,
evaluating the implementation of the strategy, and may include updates
to the strategy as appropriate. The strategy and progress reports shall
be submitted in unclassified form but may contain a classified annex.
``(c) Appropriate Members of Congress.--The term `appropriate
Members of Congress' means the Speaker, majority leader, and minority
leader of the House of Representatives, the majority leader and
minority leader of the Senate, the Chairman and Ranking Member of the
Committee on Energy and Commerce of the House of Representatives, the
Chairman and Ranking Member of the Committee on Financial Services of
the House of Representatives, the Chairman and Ranking Member of the
Committee on Banking, Housing, and Urban Affairs of the Senate, and the
Chairman and Ranking Member of the Committee on Health, Education,
Labor, and Pensions of the Senate.''.
(b) Investment in Supply Chain Security.--
(1) In general.--Section 303 of the Defense Production Act
of 1950 (50 U.S.C. 4533) is amended by adding at the end the
following:
``(h) Investment in Supply Chain Security.--
``(1) In general.--In addition to other authorities in this
title, the President may make available to an eligible entity
described in paragraph (2) payments to increase the security of
supply chains and supply chain activities, if the President
certifies to Congress not less than 30 days before making such
a payment that the payment is critical to meet national defense
requirements of the United States.
``(2) Eligible entity.--An eligible entity described in
this paragraph is an entity that--
``(A) is organized under the laws of the United
States or any jurisdiction within the United States;
and
``(B) produces--
``(i) one or more critical components;
``(ii) critical technology; or
``(iii) one or more products or raw
materials for the security of supply chains or
supply chain activities.
``(3) Definitions.--In this subsection, the terms `supply
chain' and `supply chain activities' have the meanings given
those terms by the President by regulation.''.
(2) Regulations.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the President shall
prescribe regulations setting forth definitions for the
terms ``supply chain'' and ``supply chain activities''
for the purposes of section 303(h) of the Defense
Production Act of 1950 (50 U.S.C. 4533(h)), as added by
paragraph (1).
(B) Scope of definitions.--The definitions required
by subparagraph (A)--
(i) shall encompass--
(I) the organization, people,
activities, information, and resources
involved in the delivery and operation
of a product or service used by the
Government; or
(II) critical infrastructure as
defined in Presidential Policy
Directive 21 (February 12, 2013;
relating to critical infrastructure
security and resilience); and
(ii) may include variations as determined
necessary and appropriate by the President for
purposes of national defense.
SEC. 5455. SPECIAL DRAWING RIGHTS EXCHANGE PROHIBITION.
(a) In General.--The Secretary of the Treasury may not engage in
any transaction involving the exchange of Special Drawing Rights issued
by the International Monetary Fund that are held by the Russian
Federation or Belarus.
(b) Advocacy.--The Secretary of the Treasury shall--
(1) vigorously advocate that the governments of the member
countries of the International Monetary Fund, to the extent
that the member countries issue freely usable currencies,
prohibit transactions involving the exchange of Special Drawing
Rights held by the Russian Federation or Belarus; and
(2) 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 oppose the
provision of financial assistance to the Russian Federation and
Belarus, except to address basic human needs of the civilian
population.
(c) Termination.--The preceding provisions of 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) 30 days after the date that the President reports to
the Congress that the governments of the Russian Federation and
Belarus have ceased 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. 5456. PROHIBITION ON INSIDER TRADING.
(a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.) is amended by inserting after section 16 (15 U.S.C. 78p) the
following:
``SEC. 16A. PROHIBITION ON INSIDER TRADING.
``(a) Prohibition Against Trading Securities While Aware of
Material, Nonpublic Information.--It shall be unlawful for any person,
directly or indirectly, to purchase, sell, or enter into, or cause the
purchase or sale of, or entry into, any security, security-based swap,
or security-based swap agreement if that person, at the time the person
takes such an action--
``(1) has access to information relating to such security,
security-based swap, or security-based swap agreement that is
material and nonpublic and is aware (including if the person
consciously avoids being aware), or recklessly disregards, that
such information is material and nonpublic; and
``(2) is aware (including if the person consciously avoids
being aware), or recklessly disregards, that--
``(A) the information described in paragraph (1)
has been obtained wrongfully; or
``(B) the purchase, sale, or entry would constitute
wrongful trading on the information described in
paragraph (1).
``(b) Prohibition Against the Wrongful Communication of Certain
Material, Nonpublic Information.--It shall be unlawful for any person,
the purchase or sale of a security or security-based swap (or entry
into a security-based swap agreement) by which would violate subsection
(a), to wrongfully communicate material, nonpublic information relating
to that security, security-based swap, or security-based swap agreement
to any other person, if--
``(1) the person communicating the information, at the time
the person communicates the information, is aware (including if
the person consciously avoids being aware), or recklessly
disregards, that such communication would result in such a
purchase, sale, or entry; and
``(2) any recipient of the wrongfully communicated
information purchases, sells, or causes the purchase or sale of
any security or security-based swap, or enters into (or causes
the entry into) any security-based swap agreement, based on
that communication.
``(c) Standard and Knowledge Requirement.--
``(1) Standard.--For purposes of this section, trading
while aware of material, nonpublic information under subsection
(a), or communicating material, nonpublic information under
subsection (b), is wrongful only if the information has been
obtained by, or the communication or trading on the information
would constitute, directly or indirectly--
``(A) theft, conversion, bribery,
misrepresentation, espionage (through electronic or
other means), or other unauthorized access of the
information;
``(B) a violation of any Federal law protecting--
``(i) computer data; or
``(ii) the intellectual property or privacy
of computer users;
``(C) misappropriation from a source of the
information; or
``(D) a breach of any fiduciary duty to
shareholders of an issuer for a direct or indirect
personal benefit, including--
``(i) an existing or future pecuniary gain
or reputational benefit; or
``(ii) a gift of confidential information
to a relative or friend.
``(2) Knowledge requirement.--It shall not be necessary
that a person trading while aware of information in violation
of subsection (a), or making a communication in violation of
subsection (b), knows the specific means by which the
information was obtained or communicated or traded on, or the
specific benefit described in paragraph (1)(D) that was
received, paid, or promised by or to any person in the chain of
communication, if the person trading while aware of the
information or making the communication, as applicable, at the
time the person makes the trade or communicates the
information, is aware (including if the person consciously
avoids being aware), or recklessly disregards, that the
information was wrongfully obtained, wrongfully traded on, or
wrongfully communicated.
``(d) Affirmative Defenses.--
``(1) In general.--The Commission may, by rule or by order,
exempt any person, security, or transaction, or any class of
persons, securities, or transactions, from any or all of the
provisions of this section, upon such terms and conditions as
the Commission considers necessary or appropriate in
furtherance of the purposes of this title.
``(2) Rule 10b5-1 compliant transactions.--The prohibitions
of this section shall not apply to any transaction that
satisfies the requirements of section 240.10b5-1 of title 17,
Code of Federal Regulations, or any successor regulation.
``(e) Rule of Construction.--The rights and remedies provided by
this section shall be in addition to any and all other rights and
remedies that may exist at law or in equity (without regard to whether
such a right or remedy is provided under this Act) with respect to an
action by a person to--
``(1) purchase, sell, or enter into a security, security-
based swap, or security-based swap agreement while aware of
material, nonpublic information; or
``(2) communicate material, nonpublic information relating
to a security, security-based swap, or security-based swap
agreement.''.
(b) Conforming Amendments.--The Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) is amended--
(1) in section 3(a)(78)(A) (15 U.S.C. 78c(a)(78)(A)), by
inserting ``16A,'' after ``16,'';
(2) in section 21(d)(2) (15 U.S.C. 78u(d)(2)), by striking
``or the rules or regulations thereunder'' and inserting ``,
section 16A of this title, or the rules or regulations under
either such section'';
(3) in section 21A (15 U.S.C. 78u-1)--
(A) in subsection (g)(1), by striking ``section
10(b) and Rule 10b-5 thereunder'' and inserting
``section 10(b), Rule 10b-5 thereunder, and section
16A''; and
(B) in subsection (h)(1), by striking ``section
10(b), and Rule 10b-5 thereunder'' and inserting
``section 10(b), Rule 10b-5 thereunder, and section
16A''; and
(4) in section 21C(f) (15 U.S.C. 78u-3(f)), by striking
``or the rules or regulations thereunder'' and inserting ``,
section 16A, or the rules or regulations under either such
section''.
SEC. 5457. COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM.
(a) In General.--Title I of the Housing and Community Development
Act of 1974 is amended--
(1) in section 101(c) (42 U.S.C. 5301(c))--
(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 inserting after paragraph (9) and before the
undesignated matter at the end the following:
``(10) in the case of grants awarded under section 123, the
recovery from disasters and efforts to mitigate the effects of
future disasters.'';
(2) in section 102(a) (42 U.S.C. 5302(a))--
(A) in paragraph (20)(A), by inserting before the
last sentence the following: ``The term `persons of
middle income' means families and individuals whose
incomes exceed 80 percent, but do not exceed 120
percent, of the median income of the area involved, as
determined by the Secretary with adjustments for
smaller and larger families.''; and
(B) by adding at the end the following new
paragraph:
``(25) The term `major disaster' has the meaning given such
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).'';
(3) in section 106(c)(4) (42 U.S.C. 5306(c)(4))--
(A) in subparagraph (A)--
(i) by striking ``declared by the President
under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act''; and
(ii) by inserting ``major'' before
``disaster, any amounts'';
(B) in subparagraph (C), by inserting ``major''
before ``disaster''; and
(C) in subparagraph (F), by inserting ``major''
before ``disaster'';
(4) in section 122 (42 U.S.C. 5321)), by striking
``disaster under title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act'' and inserting ``major
disaster''; and
(5) by adding at the end the following new sections:
``SEC. 123. CDBG-DISASTER RECOVERY ASSISTANCE.
``(a) Authority; Use.--
``(1) In general.--The Secretary may provide assistance
under this section to States, including Puerto Rico, units of
general local government, and Indian tribes for necessary
expenses for activities authorized under this title related to
disaster relief, resiliency, long-term recovery, restoration of
infrastructure and housing, mitigation, and economic
revitalization in the most impacted and distressed areas (as
such term shall be defined by the Secretary by regulation)
resulting from a major disaster declared pursuant to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
``(2) Authorization of appropriations.--For purposes of
assistance under this section, there are authorized to be
appropriated and made available in the Community Development
Block Grant Declared Disaster Recovery Fund established under
section 124, such sums as are necessary to respond to current
or future disasters, which shall remain available until
expended.
``(b) Allocation; Coordination.--
``(1) Allocation amounts.--The Secretary shall annually
establish and publish on its website an unmet needs threshold
for most impacted and distressed areas resulting from a major
disaster that shall result in a grant under this section. In
determining the amount allocated under this section for any
grantee, the Secretary shall make allocations based on the best
available data on unmet recover needs and include an additional
amount, as determined by the Secretary, for mitigation, based
on the best available research, the type of disaster, and such
amounts awarded for mitigation for similar types of disasters
in prior years. Such data may include information from the
Federal Emergency Management Agency, the Small business
Administration, and any other relevant Federal, State, or local
agency, and data from the Bureau of the Census to assess the
unmet needs of both homeowners and renters.
``(2) Deadlines for allocation.--Except as provided in
paragraph (3), for any major disaster meeting the most impacted
and distressed unmet need threshold requirements in paragraph
(1), the Secretary shall allocate funds available to a grantee
for assistance under this section within 60 days of the date of
a major disaster declaration or 60 days from when sufficient
funds become available to make the allocation.
``(3) Inapplicability of deadlines based on insufficient
information.--The deadlines under paragraph (2) for allocation
of funds shall not apply in the case of funds made available
for assistance under this section if Federal Emergency
Management Agency has not made sufficient information available
to the Secretary regarding relevant unmet recovery needs to
make allocations in accordance with such deadlines. The
Secretary shall notify the Congress of progress on or delay in
receiving the necessary information within 60 days following
declaration of such a major disaster and monthly thereafter
until all necessary information is received.
``(4) Obligation of amounts by the secretary.--Subject to
subsection (c)(1), the Secretary shall provide for the
disbursement of the amounts allocated for a grantee, but shall
require the grantee to be in substantial compliance with the
requirements of this section before each such disbursement.
``(5) Coordination of disaster benefits and data with other
federal agencies.--
``(A) Coordination of data.--The Secretary shall
coordinate with other agencies to obtain data on
recovery needs, including the Administrator of the
Federal Emergency Management Agency and the
Administrator of the Small Business Administration, and
other agencies when necessary regarding disaster
benefits.
``(B) Coordination with fema.--The Secretary shall
share with the Administrator of the Federal Emergency
Management Agency, and make publicly available (with
such redactions necessary to protect personally
identifiable information), all data collected,
possessed, or analyzed during the course of a disaster
recovery for which assistance is provided under this
section. Notwithstanding section 552a of title 5,
U.S.C., or any other law, the Secretary may make data
transfers pertaining to grants under this section with
the FEMA Administrator, grantees, and academic and
research institutions described in section 123(l)(3),
which transfers may disclose information about an
individual without the individual's written consent,
including the use and retention of this data for
computer matching programs to assess disaster recovery
needs and to prevent the duplication of benefits and
other waste, fraud, and abuse; provided, that the
Secretary shall enter a data sharing agreement before
sharing or receiving any information under transfers
authorized by this section. The data sharing agreements
must, in the determination of the Secretary, include
measures adequate to safeguard the privacy and
personally identifying information of individuals. The
data the Secretary shares with the Administrator shall
include--
``(i) all data on damage caused by the
disaster;
``(ii) information on how any Federal
assistance provided in connection with the
disaster is expended; and
``(iii) information regarding the effect of
the disaster on education, transportation
capabilities and dependence, housing needs,
health care capacity, and displacement of
persons.
``(C) Requirements regarding eligibility for direct
assistance and duplication of benefits.--
``(i) Compliance.--Funds made available
under this subsection shall be used in
accordance with section 312 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155), as amended by
section 1210 of the Disaster Recovery Reform
Act of 2018 (division D, Public Law 115-254),
and such rules as may be prescribed under such
section.
``(ii) Priority.--Households having the
lowest incomes shall be prioritized for direct
assistance under this subsection until all
unmet needs are satisfied for families having
an income up to 120 percent of the median for
the area.
``(D) Treatment of duplicative benefits.--In any
case in which a grantee provides assistance that
duplicates benefits available to a person for the same
purpose from another source, the grantee itself shall
either (i) be subject to remedies for noncompliance
under section 111, or (ii) bear responsibility for
absorbing such cost of duplicative benefits and
returning an amount equal to any duplicative benefits
paid to the grantee's funds available for use under
this section or to the Community Development Block
Grant Declared Disaster Recovery Fund under section
124, unless the Secretary issues a public determination
by publication in the Federal Register that it is not
in the best interest of the Federal Government to
pursue such remedies based on hardships identified in
subparagraph (E) or other reasons.
``(E) Waiver of recoupment.--A grantee of
assistance from funds made available for use under this
section may request a waiver from the Secretary of any
recoupment by the Secretary of such funds for amounts
owed by persons who have received such assistance from
such funds and who have been defrauded, or after
receiving assistance, have filed for bankruptcy, gone
through a foreclosure procedure on property that
received such assistance, or are deceased. If the
grantee self-certifies to the Secretary in such request
that it has verified that the individual conditions of
each person it is requesting a waiver for meets one of
the conditions specified in the preceding sentence, the
Secretary may grant such waivers on the basis of
grantee self-certification, issue a public
determination by publication in the Federal Register
that it is not in the best interest of the Federal
Government to pursue such recoupment, and may conduct
oversight to verify grantee self-certification and
subject the grantee to remedies for noncompliance for
any amounts that have not met such requirements.
``(F) Protection of personally identifiable
information.--In carrying out this paragraph, the
Secretary and the grantee shall take such actions as
may be necessary to ensure that personally identifiable
information regarding recipients of assistance provided
from funds made available under this section is not
made publicly available by the Department of Housing
and Urban Development or any agency with which
information is shared pursuant to this paragraph.
``(c) Plan for Use of Assistance.--
``(1) Requirement.--Not later than 90 days after the
allocation pursuant to subsection (b)(1) of all of the funds
made available by an appropriations Act for assistance under
this section and before the Secretary obligates any of such
funds for a grantee, the grantee shall submit a plan to the
Secretary for approval detailing the proposed use of all funds,
which shall include, at a minimum--
``(A) criteria for eligibility for each proposed
use of funds, including eligibility limits on income
and geography, and a description of how each proposed
use of such funds will comply with all civil rights and
fair housing laws and will address disaster relief,
resiliency, long-term recovery, restoration of
infrastructure and housing, hazard mitigation, and
economic revitalization in the most impacted and
distressed areas, including, as appropriate, assistance
for the benefit of impacted households experiencing
homelessness as defined by section 103 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11302) or at
risk of homelessness as defined by section 401 of such
Act (42 U.S.C. 11360);
``(B) an agreement to share data, disaggregated by
the smallest census tract, block group, or block
possible for the data set, with Federal agencies and
other providers of disaster relief, which shall include
information the grantee has regarding the matters
described in subsection (b)(4)(B);
``(C) identification of officials and offices
responsible for administering such funds and processes
and procedures for identifying and recovering duplicate
benefits;
``(D) for grantees other than Indian tribes, a plan
for compliance with the Fair Housing Act, which may
include, at the election of the grantee, providing for
partnerships with local fair housing organizations and
funding set-aside for local fair housing organizations
to handle complaints relating to assistance with
amounts made available for use under this section; and
``(E) a plan to provide for the funding and
delivery of--
``(i) case management services to assist
disaster-impacted residents in identifying,
understanding, and accessing available
assistance; and
``(ii) housing counseling services through
housing counseling agencies approved by the
Secretary to assist disaster-impacted residents
with mortgage assistance, housing
affordability, homeownership, tenancy, avoiding
foreclosure and eviction, and other housing
counseling topics;
``(F) a plan for addressing displacement or
relocation caused by activities performed pursuant to
this section,
such a plan shall set forth how housing counseling
services will be delivered in coordination with case
management services; and
``(G) a plan for addressing displacement or
relocation caused by activities performed pursuant to
this section.
``(2) Implementation funding.--To speed recovery, the
Secretary may award a portion of a grant for implementation
purposes under this section at the time the Secretary announces
the allocation of funds and before the Secretary has issued
pre-grant certifications and the grantee has made required
submissions to the Secretary, and with the following
conditions:
``(A) Implementation funding under this paragraph
shall not exceed 10 percent of the grant awarded under
subsection (a).
``(B) Implementation funding shall be limited to
eligible activities that, in the determination of the
Secretary, will support faster recovery, improve the
grantee's ability to assess unmet recovery needs, plan
for the prevention of improper payments, and reduce
fraud, waste, and abuse.
``(C) Awards under this subsection shall not be
subject to the substantial compliance determination
under subsection (b)(4).
``(3) Approval.--
``(A) In general.--The Secretary shall, by
regulation, specify criteria for approval of plans
under paragraph (1), including approval of substantial
amendments to such plans.
``(B) Partial approval.--The Secretary may approve
a plan addressing the use of funds for unmet recovery
needs under paragraph (1) before approving a plan
addressing the use of funds for mitigation.
``(4) Disapproval.--The Secretary shall disapprove a plan
or substantial amendment to a plan if--
``(A) the plan or substantial amendment does not
meet the approval criteria;
``(B) based on damage and unmet needs assessments
of the Secretary and the Federal Emergency Management
Administration or such other information as may be
available, the plan or substantial amendment describing
activities to address unmet recovery needs does not
provide an allocation of resources that is reasonably
proportional to unmet need--
``(i) between infrastructure and housing
activities; and
``(ii) between homeowners, renters, and
persons experiencing homelessness;
``(C) unless the plan is submitted by an Indian
tribe, the plan or amendment does not provide an
adequate plan for ensuring that funding provided under
this section is used in compliance with the Fair
Housing Act;
``(D) the plan or substantial amendment does not
adequately address, as determined by the Secretary in
regulation, the unmet needs for replacement or
rehabilitation of certain disaster-damaged housing
units, with cost adjustment where appropriate,
including damaged dwelling units in public housing, as
such term is defined in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)),
projects receiving tax credits pursuant to section 42
of the Internal Revenue Code of 1986, or for projects
assisted under section 8 of the Housing Act of 1937 (42
U.S.C. 1437f), under section 202 of the Housing Act of
1959 (12 U.S.C. 1701q), under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013), under the HOME Investment Partnerships
Act (42 U.S.C. 12721 et seq.), under the community
development block grant program under this title, or by
the Housing Trust Fund under section 1338 of the
Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4568) or any low and
moderate income dwelling units demolished or converted
to a use other than for housing for low and moderate
income persons, as defined in section 104(d) of this
Act (42 U.S.C. 5304(d));
``(E) the plan or substantial amendment does not
use a percentage of the grant, as determined by the
Secretary in regulation, for acquisition,
rehabilitation, reconstruction, or other activities
permitted by the Secretary to provide affordable rental
housing to benefit persons of low and moderate income,
which rental housing will, upon completion, be occupied
by such persons; or
``(F) the plan or substantial amendment does not
provide a process to provide applicants--
``(i) notice by grantee of applicant's
right to administrative appeal of any adverse
action on the applicant's application; and
``(ii) right to full discovery of
applicant's entire application file.
``(5) Public consultation.--In developing the plan required
under paragraph (1), a grantee shall, at a minimum--
``(A) consult with affected residents,
stakeholders, local governments, and public housing
authorities to assess needs;
``(B) publish the plan in accordance with the
requirements set forth by the Secretary, including a
requirement to prominently post the plan on the website
of the grantee for not less than 14 days;
``(C) ensure equal access for individuals with
disabilities and individuals with limited English
proficiency; and
``(D) publish the plan in a manner that affords
citizens, affected local governments, and other
interested parties a reasonable opportunity to examine
the contents of the plan and provide feedback.
``(6) Resubmission.--The Secretary shall permit a grantee
to revise and resubmit a disapproved plan or plan amendment.
``(7) Timing.--
``(A) In general.--The Secretary shall approve or
disapprove a plan not later than 60 days after
submission of the plan to the Secretary. The Secretary
shall immediately notify the State, unit of general
local government, or Indian tribe that submitted the
plan or substantial amendment of the Secretary's
decision.
``(B) Disapproval.--If the Secretary disapproves a
plan or a substantial amendment, not later than 15 days
after such disapproval the Secretary shall inform the
State, unit of general local government, or Indian
tribe in writing of (i) the reasons for disapproval,
and (ii) actions that the State, unit of general local
government, or Indian tribe could take to meet the
criteria for approval.
``(C) Substantial amendments; resubmission.--The
Secretary shall, for a period of not less than 45 days
following the date of disapproval, permit the revision
and resubmission of any plan or substantial amendment
that is disapproved. The Secretary shall approve or
disapprove a resubmission of any plan or substantial
amendment not less than 30 days after receipt of such
substantial amendments or resubmission.
``(D) Grant agreements.--Subject to subsection
(b)(3), the Secretary shall ensure that all grant
agreements necessary for prompt disbursement of funds
allocated to a grantee are signed by the Secretary
within 60 days of approval of grantee's plan describing
the use of such funds.
``(d) Financial Controls.--
``(1) Compliance system.--The Secretary shall develop and
maintain a system to ensure that each grantee has and will
maintain for the life of the grant--
``(A) proficient financial controls and procurement
processes;
``(B) adequate procedures to ensure that eligible
applicants are approved for assistance with amounts
made available for use under this section and that
recipients are provided the full amount of assistance
for which they are eligible, subject to funding
availability;
``(C) adequate procedures to prevent any
duplication of benefits, as defined by section 312 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155), to ensure timely
expenditure of funds, and to detect and prevent waste,
fraud, and abuse of funds; and
``(D) adequate procedures to ensure the grantee
will maintain comprehensive and publicly accessible
websites that make available information regarding all
disaster recovery activities assisted with such funds,
which information shall include common reporting
criteria established by the Secretary that permits
individuals and entities awaiting assistance and the
general public to see how all grant funds are used,
including copies of all relevant, unredacted
procurement documents, grantee administrative contracts
and details of ongoing procurement processes, as
determined by the Secretary.
``(2) Evaluation of compliance.--The Secretary shall
provide, by regulation or guideline, a method for qualitatively
and quantitatively evaluating compliance with the requirements
under paragraph (1).
``(3) Certification.--Before making a grant, the Secretary
shall certify in advance that the grantee has in place the
processes and procedures required under subparagraphs (A)
through (D) of paragraph (1), as determined by the Secretary.
No additional certification is necessary if the Secretary has
recently certified that the grantee has the required processes
and procedures. The Secretary may permit a State, unit of
general local government, or Indian tribe to demonstrate
compliance with requirements for adequate financial controls
before disasters occur and before receiving an allocation for a
grant under this section.
``(e) Use of Funds.--
``(1) Administrative costs.--
``(A) In general.--The Secretary shall establish by
regulation the maximum grant amounts a State, unit of
general local government, or Indian tribe may use for
administrative costs, and for technical assistance and
planning activities, taking into consideration size of
grant, complexity of recovery, and other factors as
determined by the Secretary. Amounts available for
administrative costs for a grant under this section
shall be available for eligible administrative costs of
the grantee for any grant made under this section,
without regard to a particular disaster.
``(B) Discretion to establish sliding scale.--The
Secretary may establish a series of percentage
limitations on the amount of grant funds received that
may be used by a grantee for administrative costs, but
only if--
``(i) such percentage limitations are based
on the amount of grant funds received by a
grantee;
``(ii) such series provides that the
percentage that may be so used is lower for
grantees receiving a greater amount of grant
funds and such percentage that may be so used
is higher for grantees receiving a lesser
amount of grant funds; and
``(iii) in no case may a grantee so use
more than 10 percent of grant funds received.
``(2) Limitations on use.--Amounts from a grant under this
section may not be used for activities--
``(A) that are reimbursable, or for which funds are
made available, by the Federal Emergency Management
Agency, including under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act or the National
Flood Insurance Program; or
``(B) for which funds are made available by the
Army Corps of Engineers.
``(3) HUD administrative costs.--
``(A) Limitation.--Of any funds made available to
the Community Development Block Grant Declared Disaster
Recovery Fund established under section 124 or
otherwise made available for use under this section by
any single appropriations Act, the Secretary may use 1
percent of any such amount for necessary costs,
including information technology costs, of
administering and overseeing the obligation and
expenditure of amounts made available for use under
this section.
``(B) Transfer of funds.--Any amounts made
available for use in accordance with subparagraph (A)--
``(i) shall be transferred to the
appropriate salaries and expenses account in
the Community Development Block Grant Declared
Disaster Recovery Fund established under
section 124 for use by the Office of Disaster
Recovery and Resilient Communities;
``(ii) shall remain available until
expended; and
``(iii) may be used for administering any
funds appropriated for the same purposes
described in section 123(a) to the Community
Development fund or Community Development Block
Grant Declared Disaster Recovery Fund
established under section 124 in any prior or
future Act, notwithstanding the disaster for
which such funds were appropriated.
``(4) Inspector general.--Of any funds made available for
use in accordance with paragraph (3)(A), 15 percent shall be
transferred to the Office of the Inspector General for
necessary costs of audits, reviews, oversight, evaluation, and
investigations relating to amounts made available for use under
this section.
``(5) Capacity building.--Of any funds made available for
use under this section, not more than 0.1 percent or
$15,000,000, whichever is less, shall be made available to the
Secretary for capacity building and technical assistance,
including assistance regarding contracting and procurement
processes, to support grantees and subgrantees receiving funds
under this section.
``(6) Mitigation planning.--
``(A) Requirement.--The Secretary shall require
each grantee to use a fixed percentage of any
allocation for mitigation for comprehensive mitigation
planning, subject to the limitations on funds in
paragraph (2).
``(B) Amount.--The Secretary may establish such
fixed percentage by regulation and may establish a
lower percentage for grantees receiving a grant
exceeding $1,000,000,000.
``(C) Coordination.--Each grantee shall ensure that
such comprehensive mitigation planning is coordinated
and aligned with existing comprehensive, land use,
transportation, and economic development plans, and
specifically analyze multiple types of hazard exposures
and risks. Each grantee shall coordinate and align such
mitigation planning with other mitigation projects
funded by the Federal Emergency Management Agency, the
Army Corps of Engineers, the Forest Service, and other
agencies as appropriate.
``(D) Use of funds.--Such funds may be used for the
purchase of data and development or updating of risk
mapping for all relevant hazards.
``(E) Priority.--Grantees shall prioritize the
expenditure of grant funds to support hazard mitigation
and resiliency funds for activities primarily
benefitting persons of low and moderate income with the
greatest risk of harm from natural hazards.
``(7) Building safety.--
``(A) In general.--In consultation with the
Administrator of the Federal Emergency Management
Agency, the Secretary shall provide that no funds made
available under this section shall be used for
installation, substantial rehabilitation,
reconstruction, or new construction of infrastructure
or residential, commercial, or public buildings in
hazard-prone areas, unless construction complies with
paragraph (8) and with the latest published editions of
relevant national consensus-based codes, and
specifications and standards referenced therein, except
that nothing in this section shall be construed to
prohibit a grantee from requiring higher standards.
``(B) Savings provision.--Nothing in subparagraph
(A) shall be construed as a requirement for a grantee
to adopt the latest published editions of relevant
national consensus-based codes, specifications, and
standards.
``(C) Compliance.--Compliance with this paragraph
may be certified by a suitable design professional.
``(D) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Hazard-prone areas.--The term
`hazard-prone areas' means areas identified by
the Secretary, in consultation with the
Administrator, at risk from natural hazards
that threaten property damage or health,
safety, and welfare, such as floods (including
special flood hazard areas), wildfires
(including Wildland-Urban Interface areas),
earthquakes, tornados, and high winds. The
Secretary may consider future risks and the
likelihood such risks may pose to protecting
property and health, safety, and general
welfare when making the determination of or
modification to hazard-prone areas.
``(ii) Latest published editions.--The term
`latest published editions' means, with respect
to relevant national consensus-based codes, and
specifications and standards referenced
therein, the two most recent published
editions, including, if any, amendments made by
States, units of general local government, or
Indian tribes during the adoption process, that
incorporate the latest natural hazard-resistant
designs and establish criteria for the design,
construction, and maintenance of structures and
facilities that may be eligible for assistance
under this section for the purposes of
protecting the health, safety, and general
welfare of a structure's or facility's users
against disasters.
``(8) Flood risk mitigation.--
``(A) Requirements.--Subject to subparagraph (B),
the Secretary shall require that any structure that is
located in an area having special flood hazards and
that is newly constructed, for which substantial damage
is repaired, or that is substantially improved, using
amounts made available under this section, shall be
elevated with the lowest floor, including the basement,
at least two feet above the base flood level, or to a
future flood protection standard that provides
equivalent protection and is developed in conjunction
with the Administrator of the Federal Emergency
Management Agency, except that critical facilities,
including hospitals, nursing homes, and other public
facilities providing social and economic lifelines, as
defined by the Secretary, shall be elevated at least 3
feet above the base flood elevation (or higher if
required under paragraph (7)).
``(B) Alternative mitigation.--In the case of
existing structures consisting of multifamily housing
and row houses, and other structures, as determined by
the Secretary, the Secretary shall seek consultation
with the Administrator of the Federal Emergency
Management Agency, shall provide for alternative forms
of mitigation (apart from elevation), and shall exempt
from the requirement under subparagraph (A) any such
structure that meets the standards for such an
alternative form of mitigation.
``(C) Definitions.--For purposes of subparagraph
(A), the terms `area having special flood hazards',
`newly constructed', `substantial damage', `substantial
improvement', and `base flood level' have the same
meanings as under the Flood Disaster Protection Act of
1973 and the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.).
``(f) Administration.--In administering any amounts made available
for assistance under this section, the Secretary--
``(1) may not allow a grantee to use any such amounts for
any purpose other than the purpose approved by the Secretary in
the plan or amended plan submitted under subsection (c) to the
Secretary for use of such amounts; and
``(2) shall prohibit a grantee from delegating, by contract
or otherwise, the responsibility for inherent government
functions.
``(g) Training for Grant Management for Subgrantees.--The Secretary
shall require each grantee to provide ongoing training to all staff and
subgrantees.
``(h) Procurement Processes and Procedures for Grantees.--
``(1) Grantee processes and procedures.--In procuring
property or services to be paid for in whole or in part with
amounts from a grant under this section, a grantee shall--
``(A) follow its own procurement processes and
procedures, but only if the Secretary makes a
determination that such processes and procedures comply
with the requirements under paragraph (2); or
``(B) comply with such processes and procedures as
the Secretary shall, by regulation, establish for
purposes of this section.
``(2) Requirements.--The requirements under this paragraph
with respect to such processes and procedures shall--
``(A) provide for full and open competition and
compliance with applicable statutory requirements on
the use of Federal funds, and require cost or price
analysis;
``(B) include requirements for procurement policies
and procedures for subgrantees;
``(C) specify methods of procurement and their
applicability, but not allow cost-plus-a-percentage-of
cost or percentage-of-construction-cost methods of
procurement;
``(D) include standards of conduct governing
employees engaged in the award or administration of
contracts; and
``(E) ensure that all purchase orders and contracts
include any clauses required by Federal statute,
Executive order, or implementing regulation.
``(i) Treatment of CDBG Allocations.--Amounts made available for
use under this section shall not be considered relevant to the non-
disaster formula allocations made pursuant to section 106 of this title
(42 U.S.C. 5306).
``(j) Waivers.--
``(1) Authority.--Subject to the other provisions of this
section, in administering amounts made available for use under
this section, the Secretary may waive, or specify alternative
requirements for, any provision of any statute or regulation
that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of such
funds (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment and
except for the requirements of this section), if the Secretary
makes a public finding that good cause exists for the waiver or
alternative requirement and such waiver or alternative
requirement would not be inconsistent with the overall purposes
of this title.
``(2) Notice and publication.--Any waiver of or alternative
requirement pursuant to paragraph (1) shall not take effect
before the expiration of the 5-day period beginning upon the
publication of notice in the Federal Register of such waiver or
alternative requirement.
``(3) Applicable requirements and benefit to low- and
moderate-income persons.--
``(A) In general.--The requirements in this Act
that apply to grants made under section 106 of this
title (except those related to the allocation) apply
equally to grants under this section unless modified by
a waiver or alternative requirement pursuant to
paragraph (1).
``(B) Limitation.--Notwithstanding subparagraph
(A), the Secretary may not grant a waiver or
alternative requirement to reduce the percentage of
funds that must be used for activities that benefit
persons of low and moderate income to less than 70
percent, unless the Secretary specifically finds that
there is compelling need to further reduce the
percentage requirement and that funds are not necessary
to address the housing needs of low- and moderate-
income residents.
``(4) Prohibition.--The Secretary may not use the authority
under paragraph (1) to waive any provision of this section.
``(k) Environmental Review.--
``(1) Adoption.--Notwithstanding subsection (j)(1),
recipients of funds provided under this section that use such
funds to supplement Federal assistance provided under section
402, 403, 404, 406, 407, 408(c)(4), 428, or 502 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) may adopt, without review or public
comment, any environmental review, approval, or permit
performed by a Federal agency, and such adoption shall satisfy
the responsibilities of the recipient with respect to such
environmental review, approval, or permit under section
104(g)(1) of this title (42 U.S.C. 5304(g)(1)).
``(2) Release of funds.--Notwithstanding section 104(g)(2)
of this title (42 U.S.C. 5304(g)(2)), the Secretary may, upon
receipt of a request for release of funds and certification,
immediately approve the release of funds for an activity or
project assisted with amounts made available for use under this
section if the recipient has adopted an environmental review,
approval or permit under paragraph (1) or the activity or
project is categorically excluded from review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(3) State actions.--The requirements of section 104(g)(4)
shall apply to assistance under this section that a State
distributes to a unit of general local government.
``(l) Collection of Information; Audits and Oversight.--
``(1) Collection of information.--For each major disaster
for which assistance is made available under this section, the
Secretary shall collect information from grantees regarding all
recovery activities so assisted, including information on
applicants and recipients of assistance, and shall make such
information available to the public and to the Inspector
General for the Department of Housing and Urban Development on
a monthly basis using uniform data collection practices, and
shall provide a quarterly update to the Congress regarding
compliance with this section. Information collected and
reported by grantees and the Secretary shall be disaggregated
by program, race, income, geography, and all protected classes
of individuals under the Americans with Disabilities Act of
1990, the Fair Housing Act, the Civil Rights Act of 1964, and
other civil rights and nondiscrimination protections, with
respect to the smallest census tract, block group, or block
possible for the data set.
``(2) Availability of information.--In carrying out this
paragraph, the Secretary may make full and unredacted
information available to academic and research institutions for
the purpose of research into the equitable distribution of
recovery funds, adherence to civil rights protections, and
other areas.
``(3) Protection of information.--The Secretary shall take
such actions and make such redactions as may be necessary to
ensure that personally identifiable information regarding
recipients of assistance provided from funds made available
under this section shall not made publicly available.
``(4) Audits and oversight.--In conducting audits, reviews,
oversight, evaluation, and investigations, in addition to
activities designed to prevent and detect waste, fraud, and
abuse, the Inspector General shall review activities carried
out by grantees under this section to ensure such programs
fulfill their authorized purposes, as identified in the
grantee's action plan.
``(m) Plan Pre-Certification for States and Units of General Local
Government.--
``(1) In general.--The Secretary shall carry out a program
under this subsection to provide for States and units of
general local government to pre-certify as eligible grantees
for assistance under this section. The objective of such
program shall be to--
``(A) allow grantees that have consistently
demonstrated the ability to administer funds
responsibly and equitably in similar disasters to
utilize in subsequent years plans which are
substantially similar to those the Department has
previously approved; and
``(B) facilitate the re-use of a plan or its
substantially similar equivalent by a pre-certified
grantee for whom the plan has previously been approved
and executed upon.
``(2) Requirements.--To be eligible for pre-certification
under the program under this subsection a State or unit of
general local government shall--
``(A) demonstrate to the satisfaction of the
Secretary compliance with the requirements of this
section; and
``(B) have previously submitted a plan or its
substantially similar equivalent and received
assistance thereunder as a grantee or subgrantee under
this section, or with amounts made available for the
Community Development Block Grant--Disaster Recovery
account, in connection with two or more major disasters
declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.).
``(3) Approval of plans.--
``(A) Expedited approval processes.--The Secretary
shall establish and maintain processes for expediting
approval of plans for States and units of general local
government that are pre-certified under this
subsection.
``(B) Effect of pre-certification.--Pre-
certification pursuant to this subsection shall not--
``(i) establish any entitlement to, or
priority or preference for, allocation of funds
made available under this section; or
``(ii) exempt any grantee from complying
with any of the requirements under, or
established pursuant to, subsection (c) or (d).
``(4) Duration.--Pre-certification under this subsection
shall be effective for a term of 5 years.
``(n) Deposit of Unused Amounts in Fund.--
``(1) Unmet needs.--If any amounts made available for
assistance for unmet needs under this section to grantees
remain unexpended upon the earlier of--
``(A) the date that the grantee of such amounts
notifies the Secretary that the grantee has completed
all activities identified in the grantee's plan for use
of such amounts that was approved by the Secretary in
connection with such grant; or
``(B) the expiration of the 6-year period beginning
upon the Secretary obligating such amounts to the
grantee, as such period may be extended pursuant to
paragraph (3);
the Secretary may, subject to authority provided in advance by
appropriations Acts, transfer such unexpended amounts to the
Secretary of the Treasury for deposit into the Community
Development Block Grant Declared Disaster Recovery Fund
established under section 124, except that the Secretary may,
by regulation, permit the grantee to retain amounts needed to
close out the grant.
``(2) Mitigation.--If any amounts made available for
assistance for mitigation under this section to grantees remain
unexpended upon the earlier of--
``(A) the date that the grantee of such amounts
notifies the Secretary that the grantee has completed
all activities identified in the grantee's plan for use
of such amounts that was approved by the Secretary in
connection with such grant; or
``(B) the expiration of the 12-year period
beginning upon the Secretary obligating such amounts to
the grantee, as such period may be extended pursuant to
paragraph (3);
the Secretary may, subject to authority provided in advance by
appropriations Acts, transfer such unexpended amounts to the
Secretary of the Treasury for deposit into the Community
Development Block Grant Declared Disaster Recovery Fund
established under section 124, except that the Secretary may,
by regulation, permit the grantee to retain amounts needed to
close out the grant.
``(3) Extension of period of performance.--
``(A) Unmet needs.--
``(i) In general.--The period of
performance under paragraph (1)(B) shall be
extended by not more than 4 years if, before
the expiration of such 6-year period, the
Secretary waives this requirement and submits a
written justification for such waiver to the
Committees on Appropriations of the House of
Representatives and the Senate that specifies
the amended period of performance under the
waiver.
``(ii) Insular areas.--For any amounts made
available for unmet needs under this section to
a grantee that is an insular area as defined in
section 102, the Secretary may extend the
period of performance under clause (i) by not
more than an additional 4 years, and shall
provide additional technical assistance to help
increase capacity within the insular area
receiving such extension. If the Secretary
extends the period of performance pursuant to
this subparagraph, the Secretary shall submit a
written justification for such extension to the
Committees on Appropriations of the House of
Representatives and the Senate that specifies
the period of such extension.
``(B) Mitigation.--The period under paragraph
(2)(B) shall be extended to a date determined by the
Secretary if, before the expiration of such 12-year
period, the Secretary issues a waiver to amend the
period of performance and submits a written
justification for such waiver to the Committees on
Appropriations of the House of Representatives and the
Senate that specifies the amended period of performance
under the waiver.
``(o) Best Practices.--
``(1) Study.--The Secretary, in consultation with the
Administrator of the Federal Emergency Management Agency, shall
identify best practices for grantees on issues including
developing the action plan and substantial amendments under
subsection (c) and substantive amendments, establishing
financial controls, building grantee technical and
administrative capacity, procurement, compliance with Fair
Housing Act statute and regulations, and use of grant funds as
local match for other sources of Federal funding. The Secretary
shall publish a compilation of such identified best practices
and share with all relevant grantees, including States, units
of general local government, and Indian tribes to facilitate a
more efficient and effective disaster recovery process. The
compilation shall include--
``(A) guidelines for housing and economic
revitalization programs, including mitigation, with
sufficient model language on program design for
grantees to incorporate into action plans; and
``(B) standards for at least form of application,
determining unmet need, and income eligibility.
``(2) Expedited review.--
``(A) Requirements.--After publication of the final
compilation required by paragraph (1), the Secretary
shall issue either Federal regulations, as part of the
final rule required under section 5403(b) of the
National Defense Authorization Act for Fiscal Year 2023
or as a separate rule, or a Federal Register notice
soliciting public comment for at least 60 days, that
establishes grant requirements, including the
requirements that grantees must follow in order to
qualify for expedited review and approval of a plan or
substantial amendment required by subsection (c) of
this section.
``(B) Approval; disapproval.--The Secretary shall
approve or disapprove plans or substantial amendments
of grantees that comply with the requirements for such
expedited review within 45 days.
``(C) Standardization.----The requirements for
expedited review shall establish standard language for
inclusion in action plans and substantial amendments
under subsection (c) of this section and for
establishing standardized programs and activities
recognized by the Secretary.
``(D) Applicability of grant requirements.--
Compliance with the requirements for expedited review
shall not exempt grantees from complying with grant
requirements, including requirements for public
comment, community citizen participation, and
establishing and maintaining a public website.
``(E) Revision.--The Secretary may revise the
requirements for expedited review at any time after a
public comment period of at least 60 days.
``(p) Definitions.--For purposes of this section:
``(1) Grantee.--The term `grantee' means a recipient of
funds made available under this section after its enactment.
``(2) Substantially similar.--The term `substantially
similar' means, with respect to a plan, a plan previously
approved by the Department, administered successfully by the
grantee, and relating to disasters of the same type.
``SEC. 124. COMMUNITY DEVELOPMENT BLOCK GRANT DECLARED DISASTER
RECOVERY FUND.
``(a) Establishment.--There is established in the Treasury of the
United States an account to be known as the Community Development Block
Grant Declared Disaster Recovery Fund (in this section referred to as
the `Fund').
``(b) Amounts.--The Fund shall consist of any amounts appropriated
to or deposited into the Fund, including amounts deposited into the
Fund pursuant to section 123.
``(c) Use.--Amounts in the Fund shall be available, pursuant to the
occurrence of a major disaster declared under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, only for providing
technical assistance and capacity building in connection with section
123 for grantees under such section that have been allocated assistance
under such section in connection with such disaster to facilitate
planning required under such section and increase capacity to
administer assistance provided under such section, including for
technical assistance and training building and fire officials,
builders, contractors and subcontractors, architects, and other design
and construction professionals regarding the latest published editions
of national consensus-based codes, specifications, and standards (as
such term is defined in section 123(e)(7)).''.
(b) Regulations.--
(1) Proposed rule.--Not later than the expiration of the
12-month period beginning on the date of the enactment of this
Act, the Secretary of Housing and Urban Development shall issue
proposed rules to carry out sections 123 and 124 of the Housing
and Community Development Act of 1974, as added by the
amendment made by subsection (a) of this section, and shall
provide a 60-day period for submission of public comments on
such proposed rule.
(2) Final rule.--Not later than the expiration of the 24-
month period beginning on the date of the enactment of this
Act, the Secretary of Housing and Urban Development, in
consultation with the Administrator of the Federal Emergency
Management Agency, shall issue final regulations to carry out
sections 123 and 124 of the Housing and Community Development
Act of 1974, as added by the amendment made by subsection (a)
of this section.
Subtitle B--SAFE Banking
SEC. 5461. SHORT TITLE; TABLE OF CONTENTS; PURPOSE.
(a) Short Title.--This subtitle may be cited as the ``Secure And
Fair Enforcement Banking Act of 2022'' or the ``SAFE Banking Act of
2022''.
(b) Table of Contents.--The table of contents for this subtitle is
as follows:
Subtitle B--SAFE Banking
Sec. 5461. Short title; table of contents; purpose.
Sec. 5462. Safe harbor for depository institutions.
Sec. 5463. Protections for ancillary businesses.
Sec. 5464. Protections under Federal law.
Sec. 5465. Rules of construction.
Sec. 5466. Requirements for filing suspicious activity reports.
Sec. 5467. Guidance and examination procedures.
Sec. 5468. Annual diversity and inclusion report.
Sec. 5469. GAO study on diversity and inclusion.
Sec. 5470. GAO study on effectiveness of certain reports on finding
certain persons.
Sec. 5471. Application of this subtitle with respect to hemp-related
legitimate businesses and hemp-related
service providers.
Sec. 5472. Banking services for hemp-related legitimate businesses and
hemp-related service providers.
Sec. 5473. Requirements for deposit account termination requests and
orders.
Sec. 5474. Definitions.
Sec. 5475. Discretionary surplus funds.
(c) Purpose.--The purpose of this subtitle is to increase public
safety by ensuring access to financial services to cannabis-related
legitimate businesses and service providers and reducing the amount of
cash at such businesses.
SEC. 5462. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.
(a) In General.--A Federal banking regulator may not--
(1) terminate or limit the deposit insurance or
share insurance of a depository institution under the
Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.),
the Federal Credit Union Act (12 U.S.C. 1751 et seq.),
or take any other adverse action against a depository
institution under section 8 of the Federal Deposit
Insurance Act (12 U.S.C. 1818) solely because the
depository institution provides or has provided
financial services to a cannabis-related legitimate
business or service provider;
(2) prohibit, penalize, or otherwise discourage a
depository institution from providing financial
services to a cannabis-related legitimate business or
service provider or to a State, political subdivision
of a State, or Indian Tribe that exercises jurisdiction
over cannabis-related legitimate businesses;
(3) recommend, incentivize, or encourage a
depository institution not to offer financial services
to an account holder, or to downgrade or cancel the
financial services offered to an account holder solely
because--
(A) the account holder is a cannabis-
related legitimate business or service
provider, or is an employee, owner, or operator
of a cannabis-related legitimate business or
service provider;
(B) the account holder later becomes an
employee, owner, or operator of a cannabis-
related legitimate business or service
provider; or
(C) the depository institution was not
aware that the account holder is an employee,
owner, or operator of a cannabis-related
legitimate business or service provider;
(4) take any adverse or corrective supervisory
action on a loan made to--
(A) a cannabis-related legitimate business
or service provider, solely because the
business is a cannabis-related legitimate
business or service provider;
(B) an employee, owner, or operator of a
cannabis-related legitimate business or service
provider, solely because the employee, owner,
or operator is employed by, owns, or operates a
cannabis-related legitimate business or service
provider, as applicable; or
(C) an owner or operator of real estate or
equipment that is leased to a cannabis-related
legitimate business or service provider, solely
because the owner or operator of the real
estate or equipment leased the equipment or
real estate to a cannabis-related legitimate
business or service provider, as applicable; or
(5) prohibit or penalize a depository institution
(or entity performing a financial service for or in
association with a depository institution) for, or
otherwise discourage a depository institution (or
entity performing a financial service for or in
association with a depository institution) from,
engaging in a financial service for a cannabis-related
legitimate business or service provider.
(b) Safe Harbor Applicable to De Novo Institutions.--Subsection (a)
shall apply to an institution applying for a depository institution
charter to the same extent as such subsection applies to a depository
institution.
SEC. 5463. PROTECTIONS FOR ANCILLARY BUSINESSES.
For the purposes of sections 1956 and 1957 of title 18, United
States Code, and all other provisions of Federal law, the proceeds from
a transaction involving activities of a cannabis-related legitimate
business or service provider shall not be considered proceeds from an
unlawful activity solely because--
(1) the transaction involves proceeds from a cannabis-
related legitimate business or service provider; or
(2) the transaction involves proceeds from--
(A) cannabis-related activities described in
section 5474(4)(B) conducted by a cannabis-related
legitimate business; or
(B) activities described in section 5474(13)(A)
conducted by a service provider.
SEC. 5464. PROTECTIONS UNDER FEDERAL LAW.
(a) In General.--With respect to providing a financial service to a
cannabis-related legitimate business (where such cannabis-related
legitimate business operates within a State, political subdivision of a
State, or Indian country that allows the cultivation, production,
manufacture, sale, transportation, display, dispensing, distribution,
or purchase of cannabis pursuant to a law or regulation of such State,
political subdivision, or Indian Tribe that has jurisdiction over the
Indian country, as applicable) or a service provider (wherever
located), a depository institution, entity performing a financial
service for or in association with a depository institution, or insurer
that provides a financial service to a cannabis-related legitimate
business or service provider, and the officers, directors, and
employees of that depository institution, entity, or insurer may not be
held liable pursuant to any Federal law or regulation--
(1) solely for providing such a financial service; or
(2) for further investing any income derived from such a
financial service.
(b) Protections for Federal Reserve Banks and Federal Home Loan
Banks.--With respect to providing a service to a depository institution
that provides a financial service to a cannabis-related legitimate
business (where such cannabis-related legitimate business operates
within a State, political subdivision of a State, or Indian country
that allows the cultivation, production, manufacture, sale,
transportation, display, dispensing, distribution, or purchase of
cannabis pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the Indian
country, as applicable) or service provider (wherever located), a
Federal reserve bank or Federal Home Loan Bank, and the officers,
directors, and employees of the Federal reserve bank or Federal Home
Loan Bank, may not be held liable pursuant to any Federal law or
regulation--
(1) solely for providing such a service; or
(2) for further investing any income derived from such a
service.
(c) Protections for Insurers.--With respect to engaging in the
business of insurance within a State, political subdivision of a State,
or Indian country that allows the cultivation, production, manufacture,
sale, transportation, display, dispensing, distribution, or purchase of
cannabis pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the Indian
country, as applicable, an insurer that engages in the business of
insurance with a cannabis-related legitimate business or service
provider or who otherwise engages with a person in a transaction
permissible under State law related to cannabis, and the officers,
directors, and employees of that insurer may not be held liable
pursuant to any Federal law or regulation--
(1) solely for engaging in the business of insurance; or
(2) for further investing any income derived from the
business of insurance.
(d) Forfeiture.--
(1) Depository institutions.--A depository institution that
has a legal interest in the collateral for a loan or another
financial service provided to an owner, employee, or operator
of a cannabis-related legitimate business or service provider,
or to an owner or operator of real estate or equipment that is
leased or sold to a cannabis-related legitimate business or
service provider, shall not be subject to criminal, civil, or
administrative forfeiture of that legal interest pursuant to
any Federal law for providing such loan or other financial
service.
(2) Federal reserve banks and federal home loan banks.--A
Federal reserve bank or Federal Home Loan Bank that has a legal
interest in the collateral for a loan or another financial
service provided to a depository institution that provides a
financial service to a cannabis-related legitimate business or
service provider, or to an owner or operator of real estate or
equipment that is leased or sold to a cannabis-related
legitimate business or service provider, shall not be subject
to criminal, civil, or administrative forfeiture of that legal
interest pursuant to any Federal law for providing such loan or
other financial service.
SEC. 5465. RULES OF CONSTRUCTION.
(a) No Requirement to Provide Financial Services.--Nothing in this
subtitle shall require a depository institution, entity performing a
financial service for or in association with a depository institution,
or insurer to provide financial services to a cannabis-related
legitimate business, service provider, or any other business.
(b) General Examination, Supervisory, and Enforcement Authority.--
Nothing in this subtitle may be construed in any way as limiting or
otherwise restricting the general examination, supervisory, and
enforcement authority of the Federal banking regulators, provided that
the basis for any supervisory or enforcement action is not the
provision of financial services to a cannabis-related legitimate
business or service provider.
(c) Business of Insurance.--Nothing in this subtitle shall
interfere with the regulation of the business of insurance in
accordance with the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15
U.S.C. 1011 et seq.) (commonly known as the ``McCarran-Ferguson Act'')
and the Dodd-Frank Wall Street Reform and Consumer Protection Act (12
U.S.C. 5301 et seq.).
SEC. 5466. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS.
Section 5318(g) of title 31, United States Code, is amended by
adding at the end the following:
``(5) Requirements for cannabis-related legitimate
businesses.--
``(A) In general.--With respect to a financial
institution or any director, officer, employee, or
agent of a financial institution that reports a
suspicious transaction pursuant to this subsection, if
the reason for the report relates to a cannabis-related
legitimate business or service provider, the report
shall comply with appropriate guidance issued by the
Financial Crimes Enforcement Network. Not later than
the end of the 180-day period beginning on the date of
enactment of this paragraph, the Secretary shall update
the February 14, 2014, guidance titled `BSA
Expectations Regarding Marijuana-Related Businesses'
(FIN-2014-G001) to ensure that the guidance is
consistent with the purpose and intent of the SAFE
Banking Act of 2022 and does not significantly inhibit
the provision of financial services to a cannabis-
related legitimate business or service provider in a
State, political subdivision of a State, or Indian
country that has allowed the cultivation, production,
manufacture, transportation, display, dispensing,
distribution, sale, or purchase of cannabis pursuant to
law or regulation of such State, political subdivision,
or Indian Tribe that has jurisdiction over the Indian
country.
``(B) Definitions.--For purposes of this paragraph:
``(i) Cannabis.--The term `cannabis' has
the meaning given the term `marihuana' in
section 102 of the Controlled Substances Act
(21 U.S.C. 802).
``(ii) Cannabis-related legitimate
business.--The term `cannabis-related
legitimate business' has the meaning given that
term in section 5474 of the SAFE Banking Act of
2022.
``(iii) Indian country.--The term `Indian
country' has the meaning given that term in
section 1151 of title 18.
``(iv) Indian tribe.--The term `Indian
Tribe' has the meaning given that term in
section 102 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 479a).
``(v) Financial service.--The term
`financial service' has the meaning given that
term in section 5474 of the SAFE Banking Act of
2022.
``(vi) Service provider.--The term `service
provider' has the meaning given that term in
section 5474 of the SAFE Banking Act of 2022.
``(vii) State.--The term `State' means each
of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, and
any territory or possession of the United
States.''.
SEC. 5467. GUIDANCE AND EXAMINATION PROCEDURES.
Not later than 180 days after the date of enactment of this Act,
the Financial Institutions Examination Council shall develop uniform
guidance and examination procedures for depository institutions that
provide financial services to cannabis-related legitimate businesses
and service providers.
SEC. 5468. ANNUAL DIVERSITY AND INCLUSION REPORT.
The Federal banking regulators shall issue an annual report to
Congress containing--
(1) information and data on the availability of access to
financial services for minority-owned and women-owned cannabis-
related legitimate businesses; and
(2) any regulatory or legislative recommendations for
expanding access to financial services for minority-owned and
women-owned cannabis-related legitimate businesses.
SEC. 5469. GAO STUDY ON DIVERSITY AND INCLUSION.
(a) Study.--The Comptroller General of the United States shall
carry out a study on the barriers to marketplace entry, including in
the licensing process, and the access to financial services for
potential and existing minority-owned and women-owned cannabis-related
legitimate businesses.
(b) Report.--The Comptroller General shall issue a report to the
Congress--
(1) containing all findings and determinations made in
carrying out the study required under subsection (a); and
(2) containing any regulatory or legislative
recommendations for removing barriers to marketplace entry,
including in the licensing process, and expanding access to
financial services for potential and existing minority-owned
and women-owned cannabis-related legitimate businesses.
SEC. 5470. GAO STUDY ON EFFECTIVENESS OF CERTAIN REPORTS ON FINDING
CERTAIN PERSONS.
Not later than 2 years after the date of the enactment of this Act,
the Comptroller General of the United States shall carry out a study on
the effectiveness of reports on suspicious transactions filed pursuant
to section 5318(g) of title 31, United States Code, at finding
individuals or organizations suspected or known to be engaged with
transnational criminal organizations and whether any such engagement
exists in a State, political subdivision, or Indian Tribe that has
jurisdiction over Indian country that allows the cultivation,
production, manufacture, sale, transportation, display, dispensing,
distribution, or purchase of cannabis. The study shall examine reports
on suspicious transactions as follows:
(1) During the period of 2014 until the date of the
enactment of this Act, reports relating to marijuana-related
businesses.
(2) During the 1-year period after date of the enactment of
this Act, reports relating to cannabis-related legitimate
businesses.
SEC. 5471. APPLICATION OF THIS SUBTITLE WITH RESPECT TO HEMP-RELATED
LEGITIMATE BUSINESSES AND HEMP-RELATED SERVICE PROVIDERS.
(a) In General.--The provisions of this subtitle (other than
sections 5466 and 5470) shall apply with respect to hemp-related
legitimate businesses and hemp-related service providers in the same
manner as such provisions apply with respect to cannabis-related
legitimate businesses and service providers.
(b) Definitions.--In this section:
(1) CBD.--The term ``CBD'' means cannabidiol.
(2) Hemp.--The term ``hemp'' has the meaning given that
term under section 297A of the Agricultural Marketing Act of
1946 (7 U.S.C. 1639o).
(3) Hemp-related legitimate business.--The term ``hemp-
related legitimate business'' means a manufacturer, producer,
or any person or company that--
(A) engages in any activity described in
subparagraph (B) in conformity with the Agricultural
Improvement Act of 2018 (Public Law 115-334) and the
regulations issued to implement such Act by the
Department of Agriculture, where applicable, and the
law of a State or political subdivision thereof or
Indian Tribe; and
(B) participates in any business or organized
activity that involves handling hemp, hemp-derived CBD
products, and other hemp-derived cannabinoid products,
including cultivating, producing, extracting,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing hemp, hemp-
derived CBD products, and other hemp-derived
cannabinoid products.
(4) Hemp-related service provider.--The term ``hemp-related
service provider''--
(A) means a business, organization, or other person
that--
(i) sells goods or services to a hemp-
related legitimate business; or
(ii) provides any business services,
including the sale or lease of real or any
other property, legal or other licensed
services, or any other ancillary service,
relating to hemp, hemp-derived CBD products, or
other hemp-derived cannabinoid products; and
(B) does not include a business, organization, or
other person that participates in any business or
organized activity that involves handling hemp, hemp-
derived CBD products, or other hemp-derived cannabinoid
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing hemp, hemp-
derived CBD products, and other hemp-derived
cannabinoid products.
SEC. 5472. BANKING SERVICES FOR HEMP-RELATED LEGITIMATE BUSINESSES AND
HEMP-RELATED SERVICE PROVIDERS.
(a) Findings.--The Congress finds that--
(1) the Agriculture Improvement Act of 2018 (Public Law
115-334) legalized hemp by removing it from the definition of
``marihuana'' under the Controlled Substances Act;
(2) despite the legalization of hemp, some hemp businesses
(including producers, manufacturers, and retailers) continue to
have difficulty gaining access to banking products and
services; and
(3) businesses involved in the sale of hemp-derived CBD
products are particularly affected, due to confusion about the
legal status of such products.
(b) Federal Banking Regulators' Hemp Banking Guidance.--Not later
than the end of the 90-day period beginning on the date of enactment of
this Act, the Federal banking regulators shall update their existing
guidance, as applicable, regarding the provision of financial services
to hemp-related legitimate businesses and hemp-related service
providers to address--
(1) compliance with financial institutions' existing
obligations under Federal laws and implementing regulations
determined relevant by the Federal banking regulators,
including subchapter II of chapter 53 of title 31, United
States Code, and its implementing regulation in conformity with
this subtitle and the Department of Agriculture's rules
regulating domestic hemp production (7 CFR 990); and
(2) best practices for financial institutions to follow
when providing financial services, including processing
payments, to hemp-related legitimate businesses and hemp-
related service providers.
(c) Definitions.--In this section:
(1) Financial institution.--The term ``financial
institution''--
(A) has the meaning given that term under section
5312(a) of title 31, United States Code; and
(B) includes a bank holding company, as defined
under section 2(a) of the Bank Holding Company Act of
1956 (12 U.S.C. 1841(a)).
(2) Hemp terms.--The terms ``CBD'', ``hemp'', ``hemp-
related legitimate business'', and ``hemp-related service
provider'' have the meaning given those terms, respectively,
under section 5471.
SEC. 5473. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND
ORDERS.
(a) Termination Requests or Orders Must Be Valid.--
(1) In general.--An appropriate Federal banking agency may
not formally or informally request or order a depository
institution to terminate a specific customer account or group
of customer accounts or to otherwise restrict or discourage a
depository institution from entering into or maintaining a
banking relationship with a specific customer or group of
customers unless--
(A) the agency has a valid reason for such request
or order; and
(B) such reason is not based solely on reputation
risk.
(2) Treatment of national security threats.--If an
appropriate Federal banking agency believes a specific customer
or group of customers is, or is acting as a conduit for, an
entity which--
(A) poses a threat to national security;
(B) is involved in terrorist financing;
(C) is an agency of the Government of Iran, North
Korea, Syria, or any country listed from time to time
on the State Sponsors of Terrorism list;
(D) is located in, or is subject to the
jurisdiction of, any country specified in subparagraph
(C); or
(E) does business with any entity described in
subparagraph (C) or (D), unless the appropriate Federal
banking agency determines that the customer or group of
customers has used due diligence to avoid doing
business with any entity described in subparagraph (C)
or (D),
such belief shall satisfy the requirement under paragraph (1).
(b) Notice Requirement.--
(1) In general.--If an appropriate Federal banking agency
formally or informally requests or orders a depository
institution to terminate a specific customer account or a group
of customer accounts, the agency shall--
(A) provide such request or order to the
institution in writing; and
(B) accompany such request or order with a written
justification for why such termination is needed,
including any specific laws or regulations the agency
believes are being violated by the customer or group of
customers, if any.
(2) Justification requirement.--A justification described
under paragraph (1)(B) may not be based solely on the
reputation risk to the depository institution.
(c) Customer Notice.--
(1) Notice required.--Except as provided under paragraph
(2) or as otherwise prohibited from being disclosed by law, if
an appropriate Federal banking agency orders a depository
institution to terminate a specific customer account or a group
of customer accounts, the depository institution shall inform
the specific customer or group of customers of the
justification for the customer's account termination described
under subsection (b).
(2) Notice prohibited.--
(A) Notice prohibited in cases of national
security.--If an appropriate Federal banking agency
requests or orders a depository institution to
terminate a specific customer account or a group of
customer accounts based on a belief that the customer
or customers pose a threat to national security, or are
otherwise described under subsection (a)(2), neither
the depository institution nor the appropriate Federal
banking agency may inform the customer or customers of
the justification for the customer's account
termination.
(B) Notice prohibited in other cases.--If an
appropriate Federal banking agency determines that the
notice required under paragraph (1) may interfere with
an authorized criminal investigation, neither the
depository institution nor the appropriate Federal
banking agency may inform the specific customer or
group of customers of the justification for the
customer's account termination.
(d) Reporting Requirement.--Each appropriate Federal banking agency
shall issue an annual report to the Congress stating--
(1) the aggregate number of specific customer accounts that
the agency requested or ordered a depository institution to
terminate during the previous year; and
(2) the legal authority on which the agency relied in
making such requests and orders and the frequency on which the
agency relied on each such authority.
(e) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' means--
(A) the appropriate Federal banking agency, as
defined under section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); and
(B) the National Credit Union Administration, in
the case of an insured credit union.
(2) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution, as defined under
section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813); and
(B) an insured credit union.
SEC. 5474. DEFINITIONS.
In this subtitle:
(1) Business of insurance.--The term ``business of
insurance'' has the meaning given such term in section 1002 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5481).
(2) Cannabis.--The term ``cannabis'' has the meaning given
the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(3) Cannabis product.--The term ``cannabis product'' means
any article which contains cannabis, including an article which
is a concentrate, an edible, a tincture, a cannabis-infused
product, or a topical.
(4) Cannabis-related legitimate business.--The term
``cannabis-related legitimate business'' means a manufacturer,
producer, or any person or company that--
(A) engages in any activity described in
subparagraph (B) pursuant to a law established by a
State or a political subdivision of a State, as
determined by such State or political subdivision; and
(B) participates in any business or organized
activity that involves handling cannabis or cannabis
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
(5) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution as defined in section
3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c));
(B) a Federal credit union as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
or
(C) a State credit union as defined in section 101
of the Federal Credit Union Act (12 U.S.C. 1752).
(6) Federal banking regulator.--The term ``Federal banking
regulator'' means each of the Board of Governors of the Federal
Reserve System, the Bureau of Consumer Financial Protection,
the Federal Deposit Insurance Corporation, the Federal Housing
Finance Agency, the Financial Crimes Enforcement Network, the
Office of Foreign Asset Control, the Office of the Comptroller
of the Currency, the National Credit Union Administration, the
Department of the Treasury, or any Federal agency or department
that regulates banking or financial services, as determined by
the Secretary of the Treasury.
(7) Financial service.--The term ``financial service''--
(A) means a financial product or service, as
defined in section 1002 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5481),
regardless if the customer receiving the product or
service is a consumer or commercial entity;
(B) means a financial product or service, or any
combination of products and services, permitted to be
provided by--
(i) a national bank or a financial
subsidiary pursuant to the authority provided
under--
(I) the provision designated
``Seventh'' of section 5136 of the
Revised Statutes of the United States
(12 U.S.C. 24); or
(II) section 5136A of the Revised
Statutes of the United States (12
U.S.C. 24a); and
(ii) a Federal credit union, pursuant to
the authority provided under the Federal Credit
Union Act;
(C) includes the business of insurance;
(D) includes, whether performed directly or
indirectly, the authorizing, processing, clearing,
settling, billing, transferring for deposit,
transmitting, delivering, instructing to be delivered,
reconciling, collecting, or otherwise effectuating or
facilitating of payments or funds, where such payments
or funds are made or transferred by any means,
including by the use of credit cards, debit cards,
other payment cards, or other access devices, accounts,
original or substitute checks, or electronic funds
transfers;
(E) includes acting as a money transmitting
business which directly or indirectly makes use of a
depository institution in connection with effectuating
or facilitating a payment for a cannabis-related
legitimate business or service provider in compliance
with section 5330 of title 31, United States Code, and
any applicable State law; and
(F) includes acting as an armored car service for
processing and depositing with a depository institution
or a Federal reserve bank with respect to any monetary
instruments (as defined under section 1956(c)(5) of
title 18, United States Code.
(8) Indian country.--The term ``Indian country'' has the
meaning given that term in section 1151 of title 18.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(10) Insurer.--The term ``insurer'' has the meaning given
that term under section 313(r) of title 31, United States Code.
(11) Manufacturer.--The term ``manufacturer'' means a
person who manufactures, compounds, converts, processes,
prepares, or packages cannabis or cannabis products.
(12) Producer.--The term ``producer'' means a person who
plants, cultivates, harvests, or in any way facilitates the
natural growth of cannabis.
(13) Service provider.--The term ``service provider''--
(A) means a business, organization, or other person
that--
(i) sells goods or services to a cannabis-
related legitimate business; or
(ii) provides any business services,
including the sale or lease of real or any
other property, legal or other licensed
services, or any other ancillary service,
relating to cannabis; and
(B) does not include a business, organization, or
other person that participates in any business or
organized activity that involves handling cannabis or
cannabis products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
(14) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
SEC. 5475. DISCRETIONARY SURPLUS FUNDS.
Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C.
289(a)(3)(A)) is amended by reducing the dollar figure by $6,000,000.
TITLE LV--NATURAL RESOURCES MATTERS
SEC. 5501. YSLETA DEL SUR PUEBLO AND ALABAMA-COUSHATTA TRIBES OF TEXAS
EQUAL AND FAIR OPPORTUNITY AMENDMENT.
The Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes
of Texas Restoration Act (Public Law 100-89; 101 Stat. 666) is amended
by adding at the end the following:
``SEC. 301. RULE OF CONSTRUCTION.
``Nothing in this Act shall be construed to preclude or limit the
applicability of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.).''.
SEC. 5502. INCLUSION OF COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
AND AMERICAN SAMOA.
The Wagner-Peyser Act is amended--
(1) in section 2(5) (29 U.S.C. 49a(5)), by inserting ``the
Commonwealth of the Northern Mariana Islands, American Samoa,''
after ``Guam,'';
(2) in section 5(b)(1) (29 U.S.C. 49d(b)(1)), by inserting
``the Commonwealth of the Northern Mariana Islands, and
American Samoa,'' after ``Guam,'';
(3) in section 6(a) (29 U.S.C. 49e(a))--
(A) by inserting ``, the Commonwealth of the
Northern Mariana Islands, and American Samoa'' after
``except for Guam'';
(B) by striking ``allot to Guam'' and inserting the
following: ``allot to--
``(1) Guam'';
(C) by striking the period at the end and inserting
``; and''; and
(D) by adding at the end the following:
``(2) the Commonwealth of the Northern Mariana Islands and
American Samoa an amount which, in relation to the total amount
available for the fiscal year, is equal to the allotment
percentage that Guam received of amounts available under this
Act in fiscal year 1983.''; and
(4) in section 6(b)(1) (29 U.S.C. 49e(b)(1)), in the matter
following subparagraph (B), by inserting ``, the Commonwealth
of the Northern Mariana Islands, American Samoa,'' after ``does
not include Guam''.
SEC. 5503. AMENDMENTS TO 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. 5504. BRENNAN REEF.
(a) Designation.--The reef described in subsection (b) 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.
(b) Reef Described.--The reef referred to in subsection (a) is--
(1) between San Miguel and Santa Rosa Islands on the north
side of the San Miguel Passage in the Channel Island National
Marine Sanctuary; and
(2) centered at 34 degrees 03.12 minutes North, 120 degrees
15.95 minutes West.
(c) References.--Any reference in any law, regulation, document,
record, map, or other paper of the United States to the reef described
in subsection (b) is deemed to be a reference to Brennan Reef.
SEC. 5505. ESTABLISHMENT OF FUND.
(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Secretary shall enter into a cooperative
agreement with the Foundation to establish the Community Resilience and
Restoration Fund at the Foundation to--
(1) improve community safety in the face of climactic
extremes through conservation and protection of restoration and
resilience lands;
(2) to protect, conserve, and restore restoration and
resilience lands in order to help communities respond and adapt
to natural threats, including wildfire, drought, extreme heat,
and other threats posed or exacerbated by the impacts of global
climate;
(3) to build the resilience of restoration and resilience
lands to adapt to, recover from, and withstand natural threats,
including wildfire, drought, extreme heat, and other threats
posed or exacerbated by the impacts of global climate change;
(4) to protect and enhance the biodiversity of wildlife
populations across restoration and resilience lands;
(5) to support the health of restoration and resilience
lands for the benefit of present and future generations;
(6) to foster innovative, nature-based solutions that help
meet the goals of this section; and
(7) to enhance the nation's natural carbon sequestration
capabilities and help communities strengthen natural carbon
sequestration capacity where applicable.
(b) Management of the Fund.--The Foundation shall manage the Fund--
(1) pursuant to the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701 et seq.); and
(2) in such a manner that, to the greatest extent
practicable and consistent with the purposes for which the Fund
is established--
(A) ensures that amounts made available through the
Fund are accessible to historically underserved
communities, including Tribal communities, communities
of color, and rural communities; and
(B) avoids project selection and funding overlap
with those projects and activities that could otherwise
receive funding under--
(i) the National Oceans and Coastal
Security Fund, established under the National
Oceans and Coastal Security Act (16 U.S.C.
7501); or
(ii) other coastal management focused
programs.
(c) Competitive Grants.--
(1) In general.--To the extent amounts are available in the
Fund, the Foundation shall award grants to eligible entities
through a competitive grant process in accordance with
procedures established pursuant to the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.)
to carry out eligible projects and activities, including
planning eligible projects and activities.
(2) Proposals.--The Foundation, in coordination with the
Secretary, shall establish requirements for proposals for
competitive grants under this section.
(d) Use of Amounts in the Fund.--
(1) Planning.--Not less than 8 percent of amounts
appropriated annually to the Fund may be used to plan eligible
projects and activities, including capacity building.
(2) Administrative costs.--Not more than 4 percent of
amounts appropriated annually to the Fund may be used by the
Foundation for administrative expenses of the Fund or
administration of competitive grants offered under the Fund.
(3) Priority.--Not less than $10,000,000 shall be awarded
annually to support eligible projects and activities for Indian
Tribes.
(4) Coordination.--The Secretary and Foundation shall
ensure, to the greatest extent practicable and through
meaningful consultation, that input from Indian Tribes,
including traditional ecological knowledge, is incorporated in
the planning and execution of eligible projects and activities.
(e) Reports.--
(1) Annual reports.--Beginning at the end the first full
fiscal year after the date of enactment of this section, and
not later than 60 days after the end of each fiscal year in
which amounts are deposited into the Fund, the Foundation shall
submit to the Secretary a report on the operation of the Fund
including--
(A) an accounting of expenditures made under the
Fund, including leverage and match where applicable;
(B) an accounting of any grants made under the
Fund, including a list of recipients and a brief
description of each project and its purposes and goals;
and
(C) measures and metrics to track benefits created
by grants administered under the Fund, including
enhanced biodiversity, water quality, natural carbon
sequestration, and resilience.
(2) 5-Year reports.--Not later than 90 days after the end
of the fifth full fiscal year after the date of enactment of
this section, and not later than 90 days after the end every
fifth fiscal year thereafter, the Foundation shall submit to
the Secretary a report containing--
(A) a description of any socioeconomic,
biodiversity, community resilience, or climate
resilience or mitigation (including natural carbon
sequestration), impacts generated by projects funded by
grants awarded by the Fund, including measures and
metrics illustrating these impacts;
(B) a description of land health benefits derived
from projects funded by grants awarded by the Fund,
including an accounting of--
(i) lands treated for invasive species;
(ii) lands treated for wildfire threat
reduction, including those treated with
controlled burning or other natural fire-
management techniques; and
(iii) lands restored either from wildfire
or other forms or degradation, including over-
grazing and sedimentation;
(C) key findings for Congress, including any
recommended changes to the authorization or purposes of
the Fund;
(D) best practices for other Federal agencies in
the administration of funds intended for land and
habitat restoration;
(E) information on the use and outcome of funds
specifically set aside for planning and capacity
building pursuant to section 6; and
(F) any other information that the Foundation
considers relevant.
(3) Submission of reports to congress.--Not later than 10
days after receiving a report under this section, the Secretary
shall submit the report to the Committee on Natural Resources
of the House of Representatives and the Committee on
Environment and Public Works of the Senate.
(4) Authorization of appropriations.--There is hereby
authorized to be appropriated to the Fund $100,000,000 for each
of fiscal years 2023 through 2028 to carry out this section.
(f) Definitions.--For purposes of this section:
(1) The term ``eligible entity'' means a Federal agency,
State, the District of Columbia, a territory of the United
States, a unit of local government, an Indian Tribe, a non-
profit organization, or an accredited institution of higher
education.
(2) The term ``eligible projects and activities'' means
projects and activities carried out by an eligible entity on
public lands, tribal lands, or private land, or any combination
thereof, to further the purposes for which the Fund is
established, including planning and capacity building and
projects and activities carried out in coordination with
Federal, State, or tribal departments or agencies, or any
department or agency of a subdivision of a State.
(3) The term ``Foundation'' means the National Fish and
Wildlife Foundation established under the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.).
(4) The term ``Fund'' means the Community Resilience and
Restoration Fund established under subsection (a).
(5) The term ``Indian Tribe'' means the governing body of
any individually identified and federally recognized Indian or
Alaska Native Tribe, band, nation, pueblo, village, community,
affiliated Tribal group, or component reservation in the list
published pursuant to section 104(a) of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).
(6) The term ``restoration and resilience lands'' means
fish, wildlife, and plant habitats, and other important natural
areas in the United States, on public lands, private land
(after obtaining proper consent from the landowner), or land of
Indian Tribes, including grasslands, shrublands, prairies,
chapparal lands, forest lands, deserts, and riparian or wetland
areas within or adjacent to these ecosystems.
(7) The term ``public lands'' means lands owned or
controlled by the United States.
(8) The term ``Secretary'' means the Secretary of the
Interior, acting through the Director of the United States Fish
and Wildlife Service.
(9) The term ``State'' means a State of the United States,
the District of Columbia, any Indian Tribe, and any
commonwealth, territory, or possession of the United States.
SEC. 5506. LEASING ON THE OUTER CONTINENTAL SHELF.
(a) Leasing Authorized.--Notwithstanding the Presidential
Memorandum entitled ``Memorandum on the Withdrawal of Certain Areas of
the United States Outer Continental Shelf from Leasing Disposition''
(issued September 8, 2020) and the Presidential Memorandum entitled
``Presidential Determination on the Withdrawal of Certain Areas of the
United States Outer Continental Shelf from Leasing Disposition''
(issued September 25, 2020), the Secretary of the Interior is
authorized to grant leases pursuant to section 8(p)(1)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) in the South
Atlantic Planning Area, the Straits of Florida Planning Area, and the
Mid Atlantic Planning Area designated by the Bureau of Ocean Energy
Management as of September 25, 2020.
(b) Withdrawals.--Any Presidential withdrawal of an area of the
Outer Continental Shelf from leasing under section 12(a) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1341(a)) issued after the date
of enactment of this section shall apply only to leasing authorized
under subsections (a) and (i) of section 8 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a) and 1337(i)), unless the withdrawal
explicitly applies to other leasing authorized under such Act.
SEC. 5507. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.
(a) Completion of Trail.--
(1) In general.--Not later than November 10, 2028, the
Secretary and the Secretary of the Interior shall, to the
maximum extent practicable, ensure the completion of the
Continental Divide National Scenic Trail as a contiguous route,
consistent with the following provisions of the National Trails
System Act:
(A) Section 3(a)(2) (16 U.S.C. 1242(a)(2)).
(B) Section 5(a)(5) (16 U.S.C. 1244(a)(5)).
(C) Section 7 (16 U.S.C. 1246).
(2) Priority of actions.--The Secretary and the Secretary
of the Interior shall, to the maximum extent practicable, take
necessary actions to achieve this goal, including the following
steps, listed in order of priority:
(A) Complete the Continental Divide National Scenic
Trail by acquiring land or an interest in land, or by
encouraging States or local governments to enter into
cooperative agreements to acquire interests in land, to
eliminate gaps between sections of the Trail while
maintaining the nature and purposes of the Trail.
(B) Optimize the Trail by relocating incompatible
existing portions of the Trail on Federal land as
necessary to provide for maximum outdoor recreation
potential and for the conservation and enjoyment of the
nationally significant scenic, historic, natural, or
cultural qualities of the areas through which the Trail
passes, consistent with the Trail's nature and
purposes.
(C) Publish maps of the completed Trail corridor.
(b) Trail Completion Team.--
(1) In general.--In carrying out subsection (a), not later
than 1 year after the date of the enactment of this section,
the Secretary, in coordination with the Secretary of the
Interior, shall establish a joint Forest Service and Bureau of
Land Management trail completion team to work in coordination
with the Trail Administrator to facilitate the completion and
optimization of the Trail, pursuant to the purposes of section
3(a)(2) of the National Trails System Act (16 U.S.C.
1242(a)(2)) and the Trail's nature and purposes.
(2) Duties of the team.--The Team shall:
(A) Implement land and right-of-way acquisitions,
relocations, and trail construction consistent with any
Optimal Location Review for the trail, giving priority
to land that--
(i) eliminates gaps between segments of the
Trail;
(ii) may be acquired by the Secretary or
the Secretary of the Interior by purchase from
a willing seller, donation, exchange, or by
cooperative agreement;
(iii) is best suited for inclusion in the
Trail corridor in accordance with the purposes,
policies, and provisions of the National Trails
System Act (16 U.S.C. 1241 et seq.); and
(iv) has been identified as a segment of
the Trail on Federal land that should be
relocated to provide for maximum outdoor
recreation potential and the conservation and
enjoyment of the nationally significant scenic,
historic, natural, or cultural qualities of the
areas through which the Trail passes.
(B) Provide the necessary administrative and
technical support to complete the Trail corridor under
subsection (a).
(C) As appropriate, consult with other Federal
agencies, Governors of affected States, Indian Tribes,
Land Grants-Mercedes, Acequias, relevant landowners or
land users of an acequia or land grant-merced, the
Continental Divide Trail Coalition, and other volunteer
and nonprofit organizations that assist in, or whose
members may be affected by, the development,
maintenance, and management of the Trail.
(D) Support the Secretary in the development of the
acquisition and development plan under subsection (c)
and annual reports under subsection (f).
(c) Comprehensive Acquisition and Development Plan.--
(1) In general.--Not later than 2 years after the
establishment of the Team under subsection (b), the Secretary
shall submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a comprehensive acquisition and
development plan for the Trail.
(2) Contents of plan.--The comprehensive acquisition and
development plan should--
(A) identify any gaps in the Trail where the
Secretary and the Secretary of the Interior have not
been able to acquire land or interests in land by
purchase from a willing seller, by donation, by
exchange, or by cooperative agreement;
(B) include a plan for closing such gaps by
acquiring lands or interests in land; and
(C) include general and site-specific development
plans, including anticipated costs.
(d) Method of Acquisition.--In carrying out this section, the
Secretary and the Secretary of the Interior--
(1) may acquire land only by purchase from a willing seller
with donated or appropriated funds, by donation, or by
exchange; and
(2) may not acquire land by eminent domain.
(e) Maintaining Existing Partnerships.--In carrying out this
section, the Secretary, the Secretary of the Interior, and the Team
shall continue to maintain and develop working relationships with
volunteer and nonprofit organizations that assist in the development,
maintenance, and management of the Trail.
(f) Reports.--Not later than September 30, 2024, and at the close
of each fiscal year until the acquisition and development plan is fully
implemented, the Secretary shall report on the following, in writing,
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate:
(1) The progress in acquiring land or interests in land to
complete the Trail consistent with this section.
(2) The amount of land or interests in land acquired during
the fiscal year and the amount expended for such land or
interests in land.
(3) The amount of land or interests in land planned for
acquisition in the ensuing fiscal year and the estimated cost
of such land or interests in land.
(4) The estimated amount of land or interests in land
remaining to be acquired.
(5) The amount of existing Trail miles on Federal lands
that need to be relocated to provide for maximum outdoor
recreation potential and for conservation and enjoyment of the
nationally significant scenic, historic, natural, or cultural
qualities of the areas through which the Trail passes.
(g) Definitions.--In this section:
(1) Acequia.--The term ``acequia'' has the meaning of the
term ``community ditch'' as such term is defined under section
73-2-27 of the New Mexico Statutes.
(2) Land grant-merced.--The term ``land grant-merced''
means a community land grant issued under the laws or customs
of the Government of Spain or Mexico that is recognized under
chapter 49 of the New Mexico Statutes (or a successor statute).
(3) Optimal location review.--The term ``Optimal Location
Review'' means the procedures described in the Continental
Divide National Scenic Trail Optimal Location Review Guide,
dated November 2017.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(5) Team.--The term ``Team'' means the trail completion
team established under subsection (b).
(6) Trail.--The term ``Trail'' means the Continental Divide
National Scenic Trail established by section 5 of the National
Trails System Act (16 U.S.C. 1244).
SEC. 5508. SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE AREA.
Section 6001(a)(4)(A) of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (Public Law 116-9) is amended by adding
at the end the following: ``In addition, the Sacramento-San Joaquin
Delta National Heritage Area shall include the area depicted as `Rio
Vista/Expansion Area' on the map entitled `Sacramento-San Joaquin Delta
National Heritage Area Proposed Boundary Expansion' and dated February
2021.''.
SEC. 5509. NEW YORK-NEW JERSEY WATERSHED PROTECTION.
(a) Program Establishment.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall establish a
nonregulatory program to be known as the ``New York-New Jersey
Watershed Restoration Program''.
(2) Duties.--In carrying out the program, the Secretary
shall--
(A) draw on existing and new approved plans for the
Watershed, or portions of the Watershed, and work in
consultation with applicable management entities,
including representatives of the New York-New Jersey
Harbor and Estuary Program (HEP), Hudson River Estuary
Program, Mohawk River Basin Program, Sustainable
Raritan River Initiative, the Federal Government, and
other State and local governments, and regional and
nonprofit organizations, as appropriate, to identify,
prioritize, and implement restoration and protection
activities within the Watershed; and
(B) adopt a Watershed-wide strategy that--
(i) supports the implementation of a shared
set of science-based restoration and protection
activities developed in accordance with
subparagraph (A);
(ii) targets cost-effective projects with
measurable results;
(iii) maximizes conservation outcomes;
(iv) prioritizes the needs of communities
lacking in environmental justice; and
(v) establishes the voluntary grant and
technical assistance programs authorized in
this section.
(3) Consultation.--In establishing the program, the
Secretary shall, as appropriate--
(A) consult with--
(i) the heads of Federal agencies,
including--
(I) the Administrator of the
Environmental Protection Agency;
(II) the Administrator of the
National Oceanic and Atmospheric
Administration;
(III) the Secretary of Agriculture;
and
(IV) the Director of the National
Park Service; and
(ii) Indian Tribes; and
(B) coordinate with --
(i) the Governors of New York and New
Jersey and the Commissioner of the New York
State Department of Environmental Conservation
and the Director of the New Jersey Division of
Fish and Wildlife;
(ii) the New York-New Jersey Harbor &
Estuary Program; and
(iii) other public agencies and
organizations with authority for the planning
and implementation of conservation strategies
in the Watershed.
(4) Purposes.--The purposes of the program include--
(A) coordinating restoration and protection
activities among Federal, State, local, and regional
entities and conservation partners throughout the
Watershed;
(B) carrying out coordinated restoration and
protection activities, and providing for technical
assistance throughout the Watershed--
(i) to sustain and enhance fish and
wildlife habitat restoration and protection
activities;
(ii) to improve and maintain water quality
to support fish, wildlife, and their habitat,
as well as to improve opportunities for public
access and recreation in the Watershed
consistent with the ecological needs of fish
and wildlife habitat;
(iii) to advance the use of natural and
nature-based features, living shoreline, and
other green infrastructure techniques to
maximize the resilience of communities, natural
systems, and habitats under changing sea
levels, storm risks, and watershed conditions;
(iv) to engage the public, communities
experiencing environmental injustice, through
outreach, education, and community involvement
to increase capacity and support for
coordinated restoration and protection
activities in the Watershed;
(v) to increase scientific capacity to
support the planning, monitoring, and research
activities necessary to carry out coordinated
restoration and protection activities;
(vi) to provide for feasibility and
planning studies for green infrastructure
projects that achieve habitat restoration and
stormwater management goals;
(vii) to support land conservation and
management activities necessary to fulfill the
Watershed-wide strategy adopted under
subsection (a)(2)(B);
(viii) to provide technical assistance to
carry out restoration and protection activities
in the Watershed;
(ix) to monitor environmental quality to
assess progress toward the goals of this
section; and
(x) to improve fish and wildlife habitats,
as well as opportunities for personal
recreation, along rivers and shore fronts
within communities lacking in environmental
justice; and
(C) other activities necessary for the
implementation of approved plans.
(b) New York-New Jersey Watershed Restoration Grant Program.--
(1) Establishment.--The Secretary shall establish a
voluntary grant and technical assistance program, to be known
as the ``New York-New Jersey Watershed Restoration Grant
Program'', to provide competitive matching grants of varying
amounts to State and local governments, nonprofit
organizations, institutions of higher education, and other
eligible entities to carry out activities described in
subsection (a)(4).
(2) Criteria.--The Secretary, in consultation with the
agencies, organizations, and other persons referred to in
section 404(c), shall develop criteria for the grant program to
help ensure that activities funded under this section
accomplish one or more of the purposes identified in subsection
(a)(4) and advance the implementation of priority actions or
needs identified in the Watershed-wide strategy adopted under
subsection (a)(2)(B).
(3) Capacity building.--The Secretary shall include grant
program provisions designed to increase the effectiveness of
organizations that work at the nexus of natural resource and
community health issues within the New York-New Jersey
Watershed by addressing organizational capacity needs.
(4) Cost sharing.--
(A) Department of the interior share.--The
Department of the Interior share of the cost of a
project funded under the grant program shall not exceed
50 percent of the total cost of the activity, as
determined by the Secretary.
(B) Non-department of the interior share.--The non-
Department of the Interior share of the cost of a
project funded under the grant program may be provided
in cash or in the form of an in-kind contribution of
services or materials.
(c) Administration.--
(1) In general.--The Secretary may enter into an agreement
to manage the grant program with the National Fish and Wildlife
Foundation or a similar organization that offers grant
management services.
(2) Funding.--If the Secretary enters into an agreement
under paragraph (A), the organization selected shall--
(A) for each fiscal year, receive amounts made
available to carry out this section in an advance
payment of the entire amounts on October 1 of that
fiscal year, or as soon as practicable thereafter;
(B) invest and reinvest those amounts for the
benefit of the grant program; and
(C) otherwise administer the grant program to
support partnerships between the public and private
sectors in accordance with this section.
(3) Requirements.--If the Secretary enters into an
agreement with the Foundation under subparagraph (A), any
amounts received by the Foundation under this section shall be
subject to the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701 et seq.), excluding section
10(a) of that Act (16 U.S.C. 3709(a)).
(d) Annual Reports.--Not later than 180 days after the date of
enactment of this Act and annually thereafter, the Secretary shall
submit to the Congress a report on the implementation of this section,
including a description of each project that has received funding under
this section in the preceding fiscal year.
(e) Prohibition on Federal Land Holdings.--The Federal Government
may not maintain ownership of any land acquired under this section
except for the purpose of promptly transferring ownership to a State or
local entity.
(f) Sunset.--This section shall have no force or effect after
September 30, 2030.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $20,000,000 for each of
fiscal years 2023 through 2028, of which not more than 3
percent shall be used for administrative costs to carry out
this section.
(2) Use for grant program.--Of any amount made available
under this section for each fiscal year, the Secretary shall
use at least 75 percent to carry out the grant program under
subsection (b) and to provide, or provide for, technical
assistance under such program.
(h) Definitions.--In this section:
(1) Approved plans.--The term ``approved plan''--
(A) means any plan for management of the New York-
New Jersey Watershed--
(i) that has been approved by a Federal,
regional, State, or local governmental entity,
including State Wildlife Action Plans,
Comprehensive Conservation Management Plans,
Watershed Improvement Plans; or
(ii) that is determined by the Director, in
consultation with such entities, to contribute
to the achievement of the purposes of this
section; and
(B) includes the New York-New Jersey Harbor &
Estuary Program (HEP) Action Agenda, the Hudson Raritan
Comprehensive Restoration Plan, the Hudson River
Comprehensive Restoration Plan, the Hudson River
Estuary Program Action Agenda, the Hudson River Park
Trust Estuarine Sanctuary Management Plan, the Mohawk
River Action Agenda, the Sustainable Raritan River
Initiative Action Plan, the Lower Passaic and Bronx &
Harlem Federal Urban Waters Partnership Workplans, the
New Jersey Sports and Exhibition Authority Meadowlands
Restoration Plan, as well as other critical
conservation projects in the region that achieve the
purposes of this section.
(2) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(3) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people regardless of race, color, national origin, or
income, with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies.
(4) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation.
(5) Grant program.--The term ``grant program'' means the
voluntary New York-New Jersey Watershed Restoration Grant
Program established under section 405.
(6) Program.--The term ``program'' means the New York-New
Jersey Watershed Restoration Program established under section
404.
(7) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife and water quality
to preserve and improve ecosystems and ecological processes on
which they depend and for use and enjoyment by the public.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director.
(9) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
(10) Watershed.--The term ``Watershed'' means the New York-
New Jersey Watershed, which is comprised of all land area whose
surface water drains into New York-New Jersey Harbor, the
waters contained within that land area, and the estuaries
associated with those watersheds.
SEC. 5510. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL MARITIME
HERITAGE GRANT PROGRAM.
Section 308703 of title 54, United States Code, is amended--
(1) in subsection (b)(1), by inserting ``subsection (k)
and'' after ``amounts for that purpose under'';
(2) in subsection (c)(1), by inserting ``subsection (k)
and'' after ``amounts for that purpose under''; and
(3) by adding at the end the following:
``(k) Authorization of Appropriations.--There are hereby authorized
to be appropriated to the Secretary $10,000,000 for each of fiscal
years 2023 and 2024 to carry out this section.''.
SEC. 5511. BERRYESSA SNOW MOUNTAIN NATIONAL MONUMENT EXPANSION.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board on
Geographic Names established by section 2 of the Act of July
25, 1947 (61 Stat. 456, chapter 330; 43 U.S.C. 364a).
(2) Map.--The term ``Map'' means the map entitled
``Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow
Mountain National Monument'' and dated October 26, 2021.
(3) Molok luyuk.--The term ``Molok Luyuk'' means Condor
Ridge (in the Patwin language).
(4) National monument.--The term ``National Monument''
means the Berryessa Snow Mountain National Monument established
by Presidential Proclamation 9298, dated July 10, 2015 (80 Fed.
Reg. 41975), including all land, interests in the land, and
objects on the land identified in that Presidential
Proclamation.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Walker ridge (molok luyuk) addition.--The term ``Walker
Ridge (Molok Luyuk) Addition'' means the approximately 3,925
acres of Federal land (including any interests in, or objects
on, the land) administered by the Bureau of Land Management in
Lake County, California, and identified as ``Proposed Walker
Ridge (Molok Luyuk) Addition'' on the Map.
(b) National Monument Expansion.--
(1) Boundary modification.--The boundary of the National
Monument is modified to include the Walker Ridge (Molok Luyuk)
Addition.
(2) Map.--
(A) Corrections.--The Secretary may make clerical
and typographical corrections to the Map.
(B) Public availability; effect.--The Map and any
corrections to the Map under subparagraph (A) shall--
(i) be publicly available on the website of
the Bureau of Land Management; and
(ii) have the same force and effect as if
included in this section.
(3) Administration.--Subject to valid existing rights, the
Secretary shall administer the Walker Ridge (Molok Luyuk)
Addition--
(A) as part of the National Monument;
(B) in accordance with Presidential Proclamation
9298, dated July 10, 2015 (80 Fed. Reg. 41975); and
(C) in accordance with applicable laws (including
regulations).
(c) Management Plan.--
(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary and the Secretary
of Agriculture shall jointly develop a comprehensive management
plan for the National Monument in accordance with, and in a
manner that fulfills the purposes described in, Presidential
Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975).
(2) Tribal consultation.--The Secretary and the Secretary
of Agriculture shall consult with affected federally recognized
Indian Tribes in--
(A) the development of the management plan under
paragraph (1); and
(B) making management decisions relating to the
National Monument.
(3) Continued engagement with indian tribes.--The
management plan developed under paragraph (1) shall set forth
parameters for continued meaningful engagement with affected
federally recognized Indian Tribes in the implementation of the
management plan.
(4) Effect.--Nothing in this section affects the conduct of
fire mitigation or suppression activities at the National
Monument, including through the use of existing agreements.
(d) Agreements and Partnerships.--To the maximum extent practicable
and in accordance with applicable laws, on request of an affected
federally recognized Indian Tribe, the Secretary (acting through the
Director of the Bureau of Land Management) and the Secretary of
Agriculture (acting through the Chief of the Forest Service) shall
enter into agreements, contracts, and other cooperative and
collaborative partnerships with the federally recognized Indian Tribe
regarding management of the National Monument under relevant Federal
authority, including--
(1) the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.);
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(3) the Tribal Self-Governance Act of 1994 (25 U.S.C. 5361
et seq.);
(4) the Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a et seq.);
(5) the good neighbor authority under section 8206 of the
Agricultural Act of 2014 (16 U.S.C. 2113a);
(6) Executive Order 13175 (25 U.S.C. 5301 note; relating to
consultation and coordination with Indian Tribal governments);
(7) Secretarial Order 3342, issued by the Secretary on
October 21, 2016 (relating to identifying opportunities for
cooperative and collaborative partnerships with federally
recognized Indian Tribes in the management of Federal lands and
resources); and
(8) Joint Secretarial Order 3403, issued by the Secretary
and the Secretary of Agriculture on November 15, 2021 (relating
to fulfilling the trust responsibility to Indian Tribes in the
stewardship of Federal lands and waters).
(e) Designation of Condor Ridge (Molok Luyuk) in Lake and Colusa
Counties, California.--
(1) In general.--The parcel of Federal land administered by
the Bureau of Land Management located in Lake and Colusa
Counties in the State of California and commonly referred to as
``Walker Ridge'' shall be known and designated as ``Condor
Ridge (Molok Luyuk)''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
parcel of Federal land described in paragraph (1) shall be
deemed to be a reference to ``Condor Ridge (Molok Luyuk)''.
(3) Map and legal description.--
(A) Preparation.--
(i) Initial map.--The Board shall prepare a
map and legal description of the parcel of
Federal land designated by subsection (a).
(ii) Corrections.--The Board and the
Director of the Bureau of Land Management may
make clerical and typographical corrections to
the map and legal description prepared under
clause (i).
(B) Consultation.--In preparing the map and legal
description under subparagraph (A)(i), the Board shall
consult with--
(i) the Director of the Bureau of Land
Management; and
(ii) affected federally recognized Indian
Tribes.
(C) Public availability; effect.--The map and legal
description prepared under subparagraph (A)(i) and any
correction to the map or legal description made under
subparagraph (A)(ii) shall--
(i) be publicly available on the website of
the Board, the Bureau of Land Management, or
both; and
(ii) have the same force and effect as if
included in this section.
TITLE LVI--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS
Subtitle A--Inspector General Independence
SEC. 5601. SHORT TITLE.
This subtitle may be cited as the ``Securing Inspector General
Independence Act of 2022''.
SEC. 5602. 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 Inspector General of the
Intelligence Community, the Inspector General of the
Central Intelligence Agency, 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 Inspector General of the
Intelligence Community, a reference to section
103H(c)(4) of the National Security Act of 1947 (50
U.S.C. 3033(c)(4));
``(II) in the case of the Inspector General of the
Central Intelligence Agency, a reference to section
17(b)(6) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(b)(6));
``(III) 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);
``(IV) 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
``(V) 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)).'';
and
(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.''.
(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. 5603. 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 Inspector General of the
Intelligence Community, the Inspector General of the
Central Intelligence Agency, 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, section 103(e) of the National Security Act of 1947 (50 U.S.C.
3025(e)), 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) 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.
(c) 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. 5604. 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. 5611. 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. 5621. SHORT TITLE.
This subtitle may be cited as the ``Integrity Committee
Transparency Act of 2022''.
SEC. 5622. 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. 5623. 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.--
``(I) In general.--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--
``(aa) the Chair and
Ranking Minority Member of the
Committee on Homeland Security
and Governmental Affairs of the
Senate; and
``(bb) the Chair and
Ranking Minority Member of the
Committee on Oversight and
Reform of the House of
Representatives.
``(II) Requirement to forward.--The
Chairperson of the Integrity Committee
shall forward any written description
or update provided under this clause to
the members of the Integrity Committee
and to the Chairperson of the
Council.''.
SEC. 5624. 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, 2022, 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. 5625. 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. 5626. 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. 5627. INVESTIGATIONS OF OFFICES OF INSPECTORS 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. 5631. 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) Not later than 15 days after an Inspector General is removed,
placed on paid or unpaid non-duty 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 Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Oversight and Reform of the House of Representatives
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--
``(1) for each investigation--
``(A) the type of alleged offense;
``(B) the fiscal quarter in which the Office
initiated the investigation;
``(C) 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
``(D) whether the investigation is administrative,
civil, criminal, or a combination thereof, if known;
and
``(2) for any work not described in paragraph (1)--
``(A) a description of the subject matter and
scope;
``(B) the relevant agency, including the relevant
component of that Federal agency, under review;
``(C) the date on which the Office initiated the
work; and
``(D) the expected time frame for completion.''.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
SEC. 5641. 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. 5651. 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. 5671. 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. 5672. 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--
(A) in subsection (d)(2)(E), in the matter
preceding clause (i), by inserting ``the appropriate
congressional committees, including'' after ``are'';
and
(B) in subsection (f)(3)--
(i) 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
(ii) 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. 5673. 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 __305 of this title, as
subsection (i); and
(D) by inserting after subsection (g), as so
redesignated by section __305 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. 5674. 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 __305 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. 5675. 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, 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 the 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 refugees and applicants for
United States visas that have been in use at any time
since January 1, 2016;
(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 that 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) eligibility for special immigrant visas under
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) eligibility for employment-based nonimmigrant
visas at the time of evacuation; and
(G) familial relationship to evacuees who are
eligible for visas described in subparagraphs (E) and
(F); and
(5) to provide eligible individuals with special immigrant
visas under the Afghan Allies Protection Act of 2009 (8 U.S.C.
1101 note; Public Law 111-8) and section 1059 of the National
Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101
note; Public Law 109-163) since the date of the enactment of
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note;
Public Law 111-8), including--
(A) a detailed step-by-step description of the
application process for such special immigrant visas,
including the number of days allotted by the United
States Government for the completion of each step;
(B) the number of such special immigrant visa
applications received, approved, and denied,
disaggregated by fiscal year;
(C) the number of such special immigrant visas
issued, as compared to the number available under law,
disaggregated by fiscal year;
(D) an assessment of the average length of time
taken to process an application for such a special
immigrant visa, beginning on the date of submission of
the application and ending on the date of final
disposition, disaggregated by fiscal year;
(E) an accounting of the number of applications for
such special immigrant visas that remained pending at
the end of each fiscal year;
(F) an accounting of the number of interviews of
applicants for such special immigrant visas conducted
during each fiscal year;
(G) the number of noncitizens who were admitted to
the United States pursuant to such a special immigrant
visa during each fiscal year;
(H) an assessment of the extent to which each
participating department or agency of the United States
Government, including the Department of State and the
Department of Homeland Security, adjusted processing
practices and procedures for such special immigrant
visas so as to vet applicants and expand processing
capacity since the February 29, 2020, Doha Agreement
between the United States and the Taliban;
(I) a list of specific steps, if any, taken between
February 29, 2020, and August 31, 2021--
(i) to streamline the processing of
applications for such special immigrant visas;
and
(ii) to address longstanding bureaucratic
hurdles while improving security protocols;
(J) a description of the degree to which the
Secretary of State implemented recommendations made by
the Department of State Office of Inspector General in
its June 2020 reports on Review of the Afghan Special
Immigrant Visa Program (AUD-MERO-20-35) and Management
Assistance Report: Quarterly Reporting on Afghan
Special Immigrant Visa Program Needs Improvement (AUD-
MERO-20-34);
(K) an assessment of the extent to which challenges
in verifying applicants' employment with the Department
of Defense contributed to delays in the processing of
such special immigrant visas, and an accounting of the
specific steps taken since February 29, 2020, to
address issues surrounding employment verification; and
(L) recommendations to strengthen and streamline
such special immigrant visa process going forward.
(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) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the
meaning given the term in section 12 of the Inspector
General Act of 1978 (5 U.S.C. App.), as amended by this
subtitle.
(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.
SEC. 5676. INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL.
Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and paragraph
(3)'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively; and
(D) in paragraph (4), as redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (3)''; and
(2) in subsection (d), by striking ``, except with respect
to allegations described in subsection (b)(3),''.
SEC. 5677. LAW ENFORCEMENT AUTHORITY OF THE INSPECTOR GENERAL OF THE
UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE
CORPORATION.
Section 6(f)(3) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by inserting ``International Development Finance
Corporation,'' before ``Environmental''.
SEC. 5678. INSPECTOR GENERAL FOR THE OFFICE OF MANAGEMENT AND BUDGET.
(a) Establishment of Office.--Section 12 of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph, (1) by inserting ``the Director of the
Office of Management and Budget,'' after ``means''; and
(2) in paragraph (2), by inserting ``the Office of
Management and Budget,'' after ``means''.
(b) Special Provisions Concerning the Inspector General of the
Office of Management and Budget.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding after section 8N the following new
section:
``SEC. 8O. SPECIAL PROVISIONS CONCERNING THE INSPECTOR GENERAL OF THE
OFFICE OF MANAGEMENT AND BUDGET.
``The Inspector General of the Office of Management and Budget
shall only have jurisdiction over those matters that have been
specifically assigned to the Office under law.''.
(c) Appointment.--Not later than 120 days after the date of the
enactment of this Act, the President shall appoint an individual to
serve as the Inspector General of the Office of Management and Budget
in accordance with section 3(a) of the Inspector General Act of 1978 (5
U.S.C. App.).
TITLE LVII--FEDERAL EMPLOYEE MATTERS
SEC. 5701. 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. 5702. MINIMUM WAGE FOR FEDERAL CONTRACTORS.
Executive Order 14026 and its implementing regulations in part 23
of title 29, Code of Federal Regulations, are hereby enacted into law,
except that nothing in this section shall be construed to prohibit any
Federal department or agency from requiring any Federal contract
entered into on or after the date of enactment of this section to
include a clause requiring that workers employed in the performance of
such contract or any covered subcontract (as defined in such
regulations) be paid at a minimum wage that exceeds the minimum wage in
effect pursuant to such executive order and regulations.
SEC. 5703. FEDERAL WILDLAND FIREFIGHTER RECRUITMENT AND RETENTION.
(a) Recruitment and Retention Bonus.--In order to promote the
recruitment and retention of Federal wildland firefighters, the
Director of the Office of Personnel Management, in coordination with
the Secretary of Agriculture and the Secretary of the Interior, shall
establish a program under which a recruitment or retention bonus of not
less than $1,000 may be paid to a Federal wildland firefighter in an
amount as determined appropriate by the Director of the Office of
Personnel Management and the Secretary of Agriculture and the Secretary
of the Interior. The minimum amount of such bonus in the previous
sentence shall be increased each year by the Consumer Price Index in
the manner prescribed under subsection (b)(2). Any bonus under this
subsection--
(1) shall be paid to any primary or secondary Federal
wildland firefighter upon the date that such firefighter
successfully completes a work capacity test; and
(2) may not be paid to any such firefighter more than once
per calendar year.
(b) Federal Wildland Firefighter.--In this section, the term
``Federal wildland firefighter'' means any temporary, seasonal, or
permanent position at the Department of Agriculture or the Department
of the Interior that maintains group, emergency incident management, or
fire qualifications, as established annually by the Standards for
Wildland Fire Position Qualifications published by the National
Wildfire Coordinating Group, and primarily engages in or supports
wildland fire management activities, including forestry and rangeland
technicians and positions concerning aviation, engineering heavy
equipment operations, or fire and fuels management.
SEC. 5704. STUDY AND REPORT ON RETURNSHIP PROGRAMS.
(a) In General.--Not later than September 30, 2023, the Secretary
of Defense shall conduct a study, and submit a report on such study to
the congressional defense committees, on the feasibility and benefits
of establishing returnship programs for the civilian workforce of the
Department of Defense. The study and report shall assess--
(1) where returnship programs could be used to address such
workforce needs and bolster the knowledge and experience base
of such workforce;
(2) how the programs would be structured and the estimated
funding levels to implement the returnship programs; and
(3) if and how returnship programs impact the diversity of
such workforce.
(b) Returnship Program Defined.--In this section, the term
``returnship program'' means any program that supports entry into the
civilian workforce of the Department of Defense of an individual who
has taken an extended leave of absence from such workforce, including a
leave of absence to care for a dependent.
SEC. 5705. LIMITATIONS ON EXCEPTION OF COMPETITIVE SERVICE POSITIONS.
(a) In General.--No position in the competitive service (as defined
under section 2102 of title 5, United States Code) may be excepted from
the competitive service unless such position is placed--
(1) in any of the schedules A through E as described in
section 6.2 of title 5, Code of Federal 5 Regulations, as in
effect on September 30, 2020; and
(2) under the terms and conditions under part 8 of such
title as in effect on such date.
(b) Subsequent Transfers.--No position in the excepted service (as
defined under section 2103 of title 5, United States Code) may be
placed in any schedule other than a schedule described in subsection
(a)(1).
TITLE LVIII--OTHER MATTERS
Subtitle A--In General
SEC. 5801. AFGHAN ALLIES PROTECTION.
Clause (ii) of section 602(b)(2)(A) of the Afghan Allies Protection
Act of 2009 (Public Law 111-8; 8 U.S.C. 1101 note) is amended in the
matter preceding subclause (I), by striking ``year--'' and inserting
the following: ``year, or in the case of an alien who was wounded or
seriously injured in connection with employment described in this
subparagraph, for the period until such wound or injury occurred, if
the wound or injury prevented the alien from continuing employment--''.
SEC. 5802. ADVANCING MUTUAL INTERESTS AND GROWING OUR SUCCESS.
(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) 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
(2) by striking ``him'' and inserting ``such alien''; and
(3) by striking ``he'' each place such term appears and
inserting ``the alien''.
SEC. 5803. EXPANSION OF STUDY OF PFAS CONTAMINATION.
(a) CDC Study on Health Implications of Per- and Polyfluoroalkyl
Substances Contamination in Drinking Water.--The Secretary of Health
and Human Services, acting through the Director of the Centers for
Disease Control and Prevention and the Director of the Agency for Toxic
Substances and Disease Registry, and, as appropriate, the Director of
the National Institute of Environmental Health Sciences, and in
consultation with the Secretary of Defense, shall--
(1) expand (by including more military installations,
communities, or other sites, including schools operated by the
Department of Defense Education Activity) the study authorized
by section 316 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91) on the human health
implications of per- and polyfluoroalkyl substances (in this
section referred to as ``PFAS'') contamination in drinking
water, ground water, and any other sources of water and
relevant exposure pathways, including the cumulative human
health implications of multiple types of PFAS contamination at
levels above and below health advisory levels to assess health
effects at additional military installations;
(2) not later than 1 year after the date of the enactment
of this Act, and annually thereafter until submission of the
report under paragraph (3)(B), submit to the appropriate
congressional committees a report on the progress of such
expanded study; and
(3) not later than 5 years after the date of enactment of
this Act (or 7 years after such date of enactment after
providing notice to the appropriate congressional committees of
the need for the delay)--
(A) complete the expanded study and make any
appropriate recommendations; and
(B) submit a report to the appropriate
congressional committees on the results of such
expanded study.
(b) Exposure Assessment.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control and Prevention and the Director of the Agency
for Toxic Substances and Disease Registry, and, as appropriate,
the Director of the National Institute of Environmental Health
Sciences, and in consultation with the Secretary of Defense,
shall conduct an exposure assessment of not less than 10
current or former domestic military installations which were
not included in the study authorized by section 316(a) of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91) and which are known to have PFAS contamination in
drinking water, ground water, and any other sources of water
and relevant exposure pathways.
(2) Contents.--The exposure assessment required under this
subsection shall--
(A) include--
(i) for each military installation covered
under the exposure assessment, a statistical
sample to be determined by the Secretary of
Health and Human Services in consultation with
the relevant State health departments; and
(ii) biomonitoring for assessing the
contamination described in paragraph (1); and
(B) produce findings, which shall be--
(i) used to help design the study described
in subsection (a)(1); and
(ii) not later than 1 year after the
conclusion of such exposure assessment,
released to the appropriate congressional
committees.
(3) Timing.--The exposure assessment required under this
subsection shall--
(A) begin not later than 180 days after the date of
enactment of this Act; and
(B) conclude not later than 2 years after such date
of enactment.
(c) Coordination With Other Agencies.--The Director of the Agency
for Toxic Substances and Disease Registry may, as necessary, use staff
and other resources from other Federal agencies in carrying out the
study under subsection (a) and the assessment under subsection (b).
(d) No Effect on Regulatory Process.--The study under subsection
(a) and assessment under subsection (b) shall not interfere with any
regulatory processes of the Environmental Protection Agency, including
determinations of maximum contaminant levels.
(e) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Heath, Education, Labor, and Pensions,
the Committee on Environment and Public Works, and the
Committee on Veterans' Affairs of the Senate; and
(3) the Committee on Energy and Commerce, the Committee on
Education and Labor, and the Committee on Veterans' Affairs of
the House of Representatives.
(f) Funding.--
(1) Source of funds.--The study under subsection (a) and
assessment under subsection (b) may be paid for using funds
authorized to be appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide''.
(2) Transfer authority.--Without regard to section 2215 of
title 10, United States Code, the Secretary of Defense may
transfer not more than $20,000,000 a year during each of fiscal
years 2023 and 2024 to the Secretary of Health and Human
Services to pay for the study under subsection (a) and
assessment under subsection (b).
(3) Expenditure authority.--Amounts transferred to the
Secretary of Health and Human Services shall be used to carry
out the study under subsection (a) and assessment under
subsection (b) through contracts, cooperative agreements, or
grants. In addition, such funds may be transferred by the
Secretary of Health and Human Services to other accounts of the
Department of Health and Human Services for the purposes of
carrying out this section.
(4) Relationship to other transfer authorities.--The
transfer authority provided under this subsection is in
addition to any other transfer authority available to the
Department of Defense or the Department of Health and Human
Services.
SEC. 5804. 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 (permissioned) 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 R&D 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.--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 increased interoperability
across healthcare information systems and
consumer control over the movement of their
medical data;
(iv) facilitate broader participation in
distributed ledger technologies of populations
historically underrepresented in technology,
business, and financial sectors; or
(v) 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 Framework 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. 5805. 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 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 the United
States.''.
SEC. 5806. ARMS EXPORTS DELIVERY SOLUTIONS ACT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) prioritizing the defense needs of United States allies
and partners globally is a national security priority; and
(2) sustained support to key partners for interoperable
defense systems is critical to preserve--
(A) the safety and security of American persons;
(B) the free flow of commerce through international
trade routes;
(C) the United States commitment to collective
security agreements, territorial integrity, and
recognized maritime boundaries; and
(D) Taiwan's defense capability both in
quantitative and qualitative terms.
(b) Report Required.--Not later than March 1, 2023, and March 1,
2024, the Secretary of State and the Secretary of Defense shall jointly
transmit to the appropriate congressional committees a report with
respect to the transfer of all defense articles or defense services, on
or after October 1, 2017, 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 also
contain the following:
(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 and 2776)
with a total value of $25,000,000 or more, to Taiwan, Japan,
South Korea, Australia, 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 any challenges to
implementing such a capability or solution; and
(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).
(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 allied forces 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;
(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.
(6) A separate description of the actions the United States
is taking to expedite deliveries of defense articles and
services to Taiwan, including in particular, 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 potential actions undertaken by
the Department of State to improve delivery timelines for the
transfers listed pursuant to paragraph (1).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 5807. 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. 5808. PROHIBITION OF FEDERAL FUNDING FOR INDUCED OR REQUIRED
UNDERMINING OF SECURITY OF CONSUMER COMMUNICATIONS GOODS.
(a) Prohibition.--None of the funds made available in this or any
other Act may be used by any Federal agency to require, support, pay,
or otherwise induce any private sector provider of consumer software
and hardware to--
(1) intentionally add any security vulnerability or weaken
or omit any safeguard in the standards, items, or services of
the provider;
(2) remove or omit any information security function,
mechanism, service, or solution from the items or services of
the provider; or
(3) take any action that--
(A) undermines, circumvents, defeats, bypasses, or
otherwise counteracts the end-to-end encryption of the
item or service of the provider;
(B) prevents an item or service from adopting end-
to-end encryption; or
(C) otherwise makes an unencrypted version of the
end-to-end encrypted content of any communication,
file, or data of the item or service of the provider
available to any person or entity other than the
intended recipients.
(b) Federal Agency Defined.--In this section, the term ``Federal
agency'' means any executive department, military department,
Government corporation, Government controlled corporation, or other
establishment in the executive branch of the Government (including the
Executive Office of the President), or any independent regulatory
agency.
SEC. 5809. FOREIGN STATE COMPUTER INTRUSIONS.
(a) In General.--Chapter 97 of title 28, United States Code, is
amended by inserting after section 1605B the following:
``Sec. 1605C. Computer intrusions by a foreign state
``A foreign state shall not be immune from the jurisdiction of the
courts of the United States or of the States in any case not otherwise
covered by this chapter in which money damages are sought against a
foreign state by a national of the United States for personal injury,
harm to reputation, or damage to or loss of property resulting from any
of the following activities, whether occurring in the United States or
a foreign state:
``(1) Unauthorized access to or access exceeding
authorization to a computer located in the United States.
``(2) Unauthorized access to confidential, electronic
stored information located in the United States.
``(3) The transmission of a program, information, code, or
command to a computer located in the United States, which, as a
result of such conduct, causes damage without authorization.
``(4) The use, dissemination, or disclosure, without
consent, of any information obtained by means of any activity
described in paragraph (1), (2), or (3).
``(5) The provision of material support or resources for
any activity described in paragraph (1), (2), (3), or (4),
including by an official, employee, or agent of such foreign
state.''.
(b) Application.--This section and the amendments made by this
section shall apply to any action pending on or filed on or after the
date of the enactment of this Act.
SEC. 5810. SCHOOL PFAS TESTING AND FILTRATION PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this section, the Secretary of Defense, in coordination with the
Administrator of the Environmental Protection Agency, shall establish a
program to--
(1) test for perfluoroalkyl and polyfluoroalkyl substances
in drinking water at eligible entities, which testing shall be
conducted by an entity approved by the Administrator or the
applicable State to conduct the testing;
(2) install, maintain, and repair water filtration systems
effective for reducing perfluoroalkyl and polyfluoroalkyl
substances in drinking water at eligible entities that contains
a level of any perfluoroalkyl or polyfluoroalkyl substance that
exceeds--
(A) an applicable maximum contaminant level
established by the Administrator under section 1412 of
the Safe Drinking Water Act (42 U.S.C. 300g-1); or
(B) an applicable standard established by the
applicable State that is more stringent than the level
described in subparagraph (A); and
(3) safely dispose of spent water filtration equipment used
to reduce perfluoroalkyl and polyfluoroalkyl substances in
drinking water at schools.
(b) Public Availability.--The Secretary of Defense shall--
(1) make publicly available, including, to the maximum
extent practicable, on the website of the eligible entity, a
copy of the results of any testing carried out under this
section; and
(2) notify relevant parent, teacher, and employee
organizations of the availability of the results described in
paragraph (1).
(c) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``eligible entity'' means a school operated by
the Department of Defense Education Activity.
SEC. 5811. REPORT ON EMT NATIONAL LICENSING STANDARDS.
The Secretary of Defense, in coordination with each branch of the
United States military, shall submit a report to Congress on how the
Department of Defense can feasibly incorporate EMT national licensing
standards into their existing training.
SEC. 5812. REQUIREMENT FOR CUT FLOWERS AND CUT GREENS DISPLAYED IN
CERTAIN FEDERAL BUILDINGS TO BE PRODUCED IN THE UNITED
STATES.
(a) In General.--A cut flower or a cut green may not be officially
displayed in any public area of a building of the Executive Office of
the President, of the Department of State, or of the Department of
Defense that is in a State of the United States or in the District of
Columbia, unless the cut flower or cut green is produced in the United
States.
(b) Waiver.--The prohibition under subsection (a) may be waived by
the head of the agency concerned with respect to a cut flower or cut
green that is a gift from a foreign country.
(c) Rule of Construction.--The limitation in subsection (a) may not
be construed to apply to any cut flower or cut green used by a Federal
officer or employee for personal display.
(d) Definitions.--In this section:
(1) The term ``cut flower'' means a flower removed from a
living plant for decorative use.
(2) The term ``cut green'' means a green, foliage, or
branch removed from a living plant for decorative use.
(3) The term ``produced in the United States'' means grown
in--
(A) any of the several States;
(B) the District of Columbia;
(C) a territory or possession of the United States;
or
(D) an area subject to the jurisdiction of a
federally recognized Indian Tribe.
(e) Effective Date.--This section shall take effect on the date
that is 1 year after the date of the enactment of this Act.
SEC. 5813. 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
negotiated 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.
(6) As the Department charged with fulfilling the security
mandates of the Compacts, the Department of Defense is an
integral partner with the Departments of State and Interior in
the Compact renewal negotiations, has a vested interest in the
outcome, and should play an active role in the negotiations for
their renewal.
(7) The Department of Defense should continue its
engagement in the negotiations of the Compacts of Free
Association, in coordination with the Departments of State and
Interior and the Special Presidential Envoy for Compact
Negotiations.
(8) It would be beneficial for the Secretary of Defense to
detail a senior officer -- or such other personal and
assistance as the Envoy may request -- to the Special
Presidential Envoy for Compact Negotiations to support the
negotiations for the renewal of Compact provisions.
(b) Briefing on Negotiations.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall brief
the following committees on the role of the Department in the
renegotiations of the Compacts and opportunities to expand its support
for the negotiations:
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs and the Committee on
Natural Resources of the House of Representatives; and
(3) the Committee on Foreign Relations and the Committee on
Energy and Natural Resources of the Senate.
SEC. 5814. INTERAGENCY REPORT ON EXTREMIST ACTIVITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and every 6 months thereafter, the Director of
the Federal Bureau of Investigation, the Secretary of Homeland
Security, and the Secretary of Defense shall publish a report that
analyzes and sets out strategies to combat White supremacist and neo-
Nazi activity in the uniformed services and Federal law enforcement
agencies.
(b) Report.--
(1) In general.--The Director of the Federal Bureau of
Investigation, the Secretary of Homeland Security, and the
Secretary of Defense shall submit a joint report detailing
Executive-wide plans described in subsection (a) that
includes--
(A) the number of individuals discharged from the
uniformed services due to incidents related to White
supremacy and neo-Nazi activity;
(B) for each instance included in the total number
in subparagraph (A), a description of the circumstances
that led to the separation of servicemembers from the
uniformed services due to White supremacy and neo-Nazi
activity;
(C) the number of Federal law enforcement officers
separated from federal agencies due to incidents
related to White supremacy or neo-Nazi activity;
(D) for each instance included in the total number
in subparagraph (C), a description of the circumstances
that led to the separation of Federal law enforcement
officers from federal agencies due to White supremacy
and neo-Nazi activity;
(E) the response of the Director of the Federal
Bureau of Investigation, the Secretary of Homeland
Security, and the Secretary of Defense to planned or
effectuated incidents that have a nexus to White
supremacist and neo-Nazi ideology involving those
described in subparagraphs (B) and (D); and
(F) specific plans to address such incidents
described in this subsection within uniformed services
and Federal law enforcement agencies.
(2) Transmission.--The Director of the Federal Bureau of
Investigation, the Secretary of Homeland Security, and the
Secretary of Defense shall transmit each report described in
paragraph (1) to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Select Committee on Intelligence of the
Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on the Judiciary of the House of
Representatives;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(H) the Committee on Armed Services of the House of
Representatives.
(3) Classification and public release.--The report
submitted under paragraph (1) shall be--
(A) submitted in unclassified form, to the greatest
extent possible, with a classified annex only if
necessary; and
(B) in the case of the unclassified portion of the
report, posted on the public website of the Department
of Defense, the Department of Homeland Security, the
Department of Justice, and the Federal Bureau of
Investigation.
SEC. 5815. REPORTING ON PREVIOUS FEDERAL BUREAU OF INVESTIGATION AND
DEPARTMENT OF HOMELAND SECURITY REQUIREMENTS.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation and the Secretary of Homeland Security, in consultation
with the Office of the Director of National Intelligence, shall submit
to the appropriate congressional committees a report on the processes
needed to regularly report to Congress on domestic terrorism threats
pursuant to Section 5602 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92).
(b) Data Limitations.--In the event that data internal to the
Federal Bureau of Investigation and Department of Homeland Security on
completed or attempted acts of domestic terrorism from January 1, 2009,
to December 31, 2014 is incomplete or inconsistent, the Director of the
Federal Bureau of Investigation and the Secretary of Homeland Security
shall engage with State, local, Tribal, and territorial partners,
academic institutions, non-profit organizations, and the private sector
with expertise in domestic terrorism threats and acts to provide the
most accurate and consistent information for the report required under
subsection (a).
(c) GAO Report.-- Not later than 180 days after the date of the
enactment of this Act, the Government Accountability Office shall
produce a report providing a full review of the Federal Bureau of
Investigation's, the Secretary of Homeland Security's, and the Office
of the Director of National Intelligence's compliance with domestic
terrorism transparency mechanisms required by Federal law, including
the National Defense Authorization Act for Fiscal Year 2020.
(d) Definitions.--In this section, the ter ``appropriate
congressional committees'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Select Committee on Intelligence of the Senate;
(4) the Committee on Homeland Security of the House of
Representatives;
(5) the Committee on the Judiciary of the House of
Representatives; and
(6) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 5816. PFAS DATA CALL.
Section 8(a)(7) of the Toxic Substances Control Act (15 U.S.C.
2607(a)(7)) is amended by inserting ``that contains at least one fully
fluorinated carbon atom,'' after ``perfluoroalkyl or polyfluoroalkyl
substance''.
SEC. 5817. PROHIBITION ON CONTRACTING WITH PERSONS WITH WILLFUL OR
REPEATED VIOLATIONS OF THE FAIR LABOR STANDARDS ACT OF
1938.
(a) Initiation of Debarment Proceedings.--
(1) In general.--The Secretary of Labor shall initiate a
debarment proceeding with respect to a covered person for whom
information regarding two or more willful or repeated
violations of the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) (as determined by a disposition described under
subsection (c)(1) of section 2313 of title 41, United States
Code, and issued in the last five years) is included in the
database established under subsection (a) of such section.
(2) Length of debarment.--Notwithstanding any other
provision of law, the Secretary of Labor may determine the
length of a debarment under paragraph (1).
(b) Databases.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Labor shall ensure that the enforcement
and compliance databases of the Department of Labor--
(1) identify persons that have been finally adjudicated to
have violated labor laws;
(2) list each person, identified by the tax identification
number of the person, that is suspended or debarred for a
violation of a labor law; and
(3) are accessible to contracting officers and suspension
and debarment officials at all Federal agencies.
(c) Revision of FAR.--The Federal Acquisition Regulation shall be
revised to require contracting officers--
(1) when renewing or awarding a contract, to check the
database in subsection (b) for suspensions or debarments
described under that subsection when determining present
responsibility and conducting a past performance evaluation;
(2) to enter relevant information from the database in
subsection (b) into past performance evaluations in the
Contractor Performance Assessment and Reporting System; and
(3) to coordinate with the Labor Advisor of the agency and
consult with experts regarding alleged violations of labor law.
(d) Definitions.--In this section--
(1) the term ``covered person'' means any individual,
enterprise, or firm applying for a contract worth $500,000 or
more;
(2) the term ``Federal agency'' has the meaning given that
term in section 102 of title 40, United States Code;
(3) the term ``labor law'' includes--
(A) subchapter IV of chapter 31 of title 40, United
States Code (commonly referred to as the ``Davis Bacon
Act'');
(B) chapter 67 of subtitle II of title 41, United
States Code (commonly referred to as the ``Services
Contracting Act''); and
(C) the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.); and
(4) the term ``willful'' has the meaning given that term in
section 578.3 of title 29, Code of Federal Regulations.
SEC. 5818. REPORT ON HUMAN RIGHTS IN THE PHILIPPINES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, shall submit to the congressional defense
committees a report that includes the following:
(1) An assessment of extrajudicial killings and other human
rights violations committed by the Philippines military,
police, and paramilitary forces, specifically violations
against trade unionists, journalists, human rights defenders,
critics of the government, faith and religious leaders, and
other civil society activists.
(2) A description of the human rights climate in the
Philippines; an assessment of the Philippines military, police,
and paramilitary forces' adherence to human rights; and an
analysis of such forces' role in the practice of ``red-
tagging'', including against United States citizens.
SEC. 5819. REQUIREMENT FOR THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT TO ANNUALLY REPORT COMPLAINTS OF SEXUAL
HARASSMENT.
(a) Requirement to Annually Report Complaints of Sexual
Harassment.--
(1) Annual report.--Section 808(e)(2) of the Fair Housing
Act (42 U.S.C. 3608(e)(2)) is amended--
(A) in subparagraph (A) by striking ``and'' at the
end;
(B) in subparagraph (B)(iii) by striking the
semicolon and inserting ``; and''; and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) containing tabulations of the number of
instances in the preceding year in which complaints of
discriminatory housing practices were filed with the
Department of Housing and Urban Development or a fair
housing assistance program, including identification of
whether each complaint was filed with respect to
discrimination based on race, color, religion, national
origin, sex, handicap, or familial status.''.
(2) Sexual harassment.--Section 808 of the Fair Housing Act
(42 U.S.C. 3608) is amended by adding at the end the following
new subsection:
``(g) In carrying out the reporting obligations under this section,
the Secretary shall--
``(1) consider a complaint filed with respect to
discrimination based on sex to include any complaint filed with
respect to sexual harassment; and
``(2) in reporting the instances of a complaint filed with
respect to discrimination based on sex under subsection
(e)(2)(C), include a disaggregated tabulation of the total
number of such complaints filed with respect to sexual
harassment.''.
(3) Initiative to combat sexual harassment in housing.--
Title IX of the Fair Housing Act (42 U.S.C. 3631) is amended by
adding at the end the following:
``SEC. 902. INITIATIVE TO COMBAT SEXUAL HARASSMENT IN HOUSING.
``The Attorney General shall establish an initiative to investigate
and prosecute an allegation of a violation under this Act with respect
to sexual harassment.''.
SEC. 5820. DEPARTMENT OF LABOR STUDY ON FACTORS AFFECTING EMPLOYMENT
OPPORTUNITIES FOR IMMIGRANTS AND REFUGEES WITH
PROFESSIONAL CREDENTIALS OBTAINED IN FOREIGN COUNTRIES.
(a) Study Required.--
(1) In general.--The Secretary of Labor, in coordination
with the Secretary of State, the Secretary of Education, the
Secretary of Health and Human Services, the Secretary of
Commerce, the Secretary of Homeland Security, the Administrator
of the Internal Revenue Service, and the Commissioner of the
Social Security Administration, shall conduct a study of the
factors affecting employment opportunities in the United States
for applicable immigrants and refugees who have professional
credentials that were obtained in a country other than the
United States.
(2) Work with other entities.--The Secretary of Labor shall
seek to work with relevant nonprofit organizations and State
agencies to use the existing data and resources of such
entities to conduct the study required under paragraph (1).
(3) Limitation on disclosure.--Any information provided to
the Secretary of Labor in connection with the study required
under paragraph (1)--
(A) may only be used for the purposes of, and to
the extent necessary to ensure the efficient operation
of, such study; and
(B) may not be disclosed to any other person or
entity except as provided under this subsection.
(b) Inclusions.--The study required under subsection (a)(1) shall
include--
(1) an analysis of the employment history of applicable
immigrants and refugees admitted to the United States during
the 5-year period immediately preceding the date of the
enactment of this Act, which shall include, to the extent
practicable--
(A) a comparison of the employment applicable
immigrants and refugees held before immigrating to the
United States with the employment they obtained in the
United States, if any, since their arrival; and
(B) the occupational and professional credentials
and academic degrees held by applicable immigrants and
refugees before immigrating to the United States;
(2) an assessment of any barriers that prevent applicable
immigrants and refugees from using occupational experience
obtained outside the United States to obtain employment in the
United States;
(3) an analysis of available public and private resources
assisting applicable immigrants and refugees who have
professional experience and qualifications obtained outside of
the United States to obtain skill-appropriate employment in the
United States; and
(4) policy recommendations for better enabling applicable
immigrants and refugees who have professional experience and
qualifications obtained outside of the United States to obtain
skill-appropriate employment in the United States.
(c) Report.--Not later than 18 months after the date of the
enactment of this section, the Secretary of Labor shall--
(1) submit a report to Congress that describes the results
of the study conducted pursuant to subsection (a); and
(2) make such report publicly available on the website of
the Department of Labor.
(d) Definitions.--In this section:
(1) The term ``applicable immigrants and refugees''--
(A) means individuals who--
(i)(I) are not citizens or nationals of the
United States; and
(II) are lawfully present in the United
States and authorized to be employed in the
United States; or
(ii) are naturalized citizens of the United
States who were born outside of the United
States and its outlying possessions; and
(B) includes individuals described in section
602(b)(2) of the Afghan Allies Protection Act of 2009
(title VI of division F of Public Law 111-8; 8 U.S.C.
1101 note).
(2) Except as otherwise defined in this section, terms used
in this section have the definitions given such terms under
section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)).
SEC. 5821. SENSE OF CONGRESS AND STATEMENT OF POLICY ON HAITI.
(a) Findings.--Congress finds the following:
(1) Since 2018, the ruling PHTK has presided over
increasing instability, displacement, and poverty in Haiti
stemming from, among other reasons--
(A) systematic dismantlement of the judicial
system;
(B) a non-functioning parliamentary system;
(C) mass gang violence against civilians and
between gangs resulting in large-scale massacres;
(D) gang rule of large parts of Haiti; daily
kidnappings for ransom;
(E) widespread sexual violence against women, girls
and marginalized people;
(F) grand corruption;
(G) state violence against protesters;
(H) unsafe conditions for workers;
(I) diminished access to water, food, healthcare
and education; and
(J) unnatural devastation from natural disasters.
(2) Government-supported violence in Haiti has forced large
numbers of Haitians to flee the country, including to the
United States.
(3) Independent human rights organizations and the media
have documented PHTK collusion with gang activity through--
(A) the participation of PHTK officials in gang
attacks;
(B) the use of police vehicles in gang activities;
and
(C) systemic refusals by the police to interfere in
gang attacks and the justice system to prosecute gang
members and government officials credibly accused of
participating in massacres.
(4) In 2021, the United States together with the
international community installed PHTK official Ariel Henry as
the Prime Minister and thus de facto head of Government of
Haiti following the assassination of President Jovenel Moise.
(b) Sense of Congress.--It is the sense of Congress that the
security, freedom, and well-being of Haitians are intertwined with that
of the people of the United States, and United States interests are not
served by an unstable or unsafe Haiti.
(c) Statement of Policy.--It is the policy of the United States--
(1) to support a Haitian-led solution to the current
crisis;
(2) that the people of Haiti must be empowered to choose
their leaders and govern Haiti free from foreign interference;
and
(3) to support the sustainable rebuilding and development
of Haiti in a manner that promotes efforts led and supported by
the people and Government of Haiti at all levels, so that
Haitians lead the course of reconstruction and development of
Haiti.
SEC. 5822. CORRECTIONAL FACILITY DISASTER PREPAREDNESS.
(a) Definitions.--In this section, the term ``major disaster''
means--
(1) 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); or
(2) any natural disaster or extreme weather or public
health emergency event that--
(A) would activate the use of any Bureau of Prisons
18 contingency plans; and
(B) the Bureau of Prisons determines is a major
disaster.
(b) Bureau of Prisons Annual Summary Report of Disaster Damage.--
(1) In general.--The Director of the Bureau of Prisons
shall submit to the Committee on Appropriations, the Committee
on the Judiciary, and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Appropriations, the Committee on the Judiciary, and the
Committee on Homeland Security of the House of Representatives
an annual summary report of disaster damage on the scope of
physical damage from a major disaster in each Bureau of Prisons
facility and its contract prisons impacted or struck by a major
disaster that explains the effects of the damage on inmates and
staff, including--
(A) data on injury and loss of life of inmates and
staff;
(B) access to health and medical care, food,
special dietary needs, drinkable water, personal
protective equipment, and personal hygiene products;
(C) guidance used to adjudicate early release or
home confinement requests, data on early release or
home confinement approvals, denials, and justification
for denials;
(D) an explanation as to whether using home
confinement or early release was considered;
(E) access to cost-free and uninterrupted
visitation with legal counsel and visitors with
justifications for facility decisions that resulted in
suspended or altered visitations;
(F) access to appropriate accommodations for
inmates with disabilities;
(G) access to educational and work programs;
(H) inmate grievances;
(I) assessment of the cost of the damage to the
facility and estimates for repairs;
(J) the impact on staffing, equipment, and
financial resources; and
(K) other factors relating to the ability of the
Bureau of Prisons and any existing contract prison to
uphold the health, safety, and civil rights of the
correctional population.
(2) Corrective action plan.--The report required under
paragraph (1) shall include agency corrective actions that the
Bureau of Prisons will take to improve and modernize emergency
preparedness plans, as they relate to natural disasters,
extreme weather, and public health emergencies and a timeline
to implement the corrective action plan.
(3) Recommendations.--The report required under paragraph
(1) shall include specific legislative recommendations to
Congress for improving emergency preparedness plans within the
Bureau of Prisons.
(4) Appointment.--Not later than 90 days after the
enactment of this section, the Director of the Bureau of
Prisons shall appoint an official of the Bureau of Prisons
responsible for carrying out the corrective action plan.
(c) National Institute of Corrections.--Section 4351 of title 18,
United States Code, is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``ten'' and inserting ``13''; and
(B) by adding at the end the following:
``(3) One shall have served a sentence in either a Federal
or State correctional facility or have a professional
background advocating on the behalf of formerly incarcerated or
incarcerated individuals.
``(4) One shall have a background as an emergency response
coordinator that has created an emergency management
accreditation program.
``(5) One shall have an educational and professional
background in public health working with communicable
diseases.''; and
(2) by adding at the end the following:
``(i) Field Hearing.--Not later than 1 year after the date of
enactment of this subsection, the National Institute of Corrections
shall conduct at least one public field hearing on how correctional
facilities can incorporate in their emergency preparedness plans and
recovery efforts--
``(1) inmate access to medical care, food, drinkable water,
personal protective equipment, and personal hygiene products;
``(2) consideration by staff of using home confinement or
early release;
``(3) inmate access to cost-free and uninterrupted
visitation with legal counsel and visitors with clear standards
for when facilities may suspend or alter visitations;
``(4) inmate access to appropriate accommodations for
inmates with disabilities;
``(5) use of Federal funding to restore disaster-damaged
correctional facilities; and
``(6) incorporation by staff of risk management best
practices, such as those made available under the relevant
agencies of the Federal Emergency Management Administration,
Department of Health and Human Services, and the Government
Accountability Office to enhance emergency preparedness
plans.''.
SEC. 5823. NONDISCRIMINATION IN FEDERAL HIRING FOR VETERAN MEDICAL
CANNABIS USERS; AUTHORIZED PROVISION OF INFORMATION ON
STATE-APPROVED MARIJUANA PROGRAMS TO VETERANS.
(a) In General.--It shall be unlawful for a ``veteran'', as defined
in title 38, section 101(2) of the United States Code, to be excluded
from employment in the Federal Government solely because the veteran
consumes or has consumed cannabis, as defined in the Controlled
Substances Act, or anywhere in the United States Code. For the purposes
determining if a person is a veteran under this provision, an other
than honorable, bad conduct, or dishonorable release premised solely on
a nonviolent cannabis charge or conviction shall be construed as a
general discharge.
(b) Authorized Provision of Information.--Notwithstanding the
provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) or
any other Federal, State, or local law regulating or prohibiting the
provision of information on marijuana, the Secretary of Veterans
Affairs shall authorize physicians and other health care providers of
the Veterans Health Administration of the Department of Veterans
Affairs to provide to veterans who are residents of States with State-
approved marijuana programs information regarding the participation of
such veterans in such programs and to recommend their participation in
such programs.
(c) Definitions.--In this section:
(1) The term ``information'' includes details such as
informational materials, internet websites, and relevant
contact information for State-approved marijuana programs.
(2) The term ``marijuana'' has the meaning given the term
``marihuana'' in section 102 of the Controlled Substances Act
(21 U.S.C. 802).
(3) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, any
territory, Federal enclave, or possession of the United States,
and each federally recognized Indian Tribe.
(4) The term ``nonviolent cannabis charge or conviction''
shall include any nonviolent offense or offenses involving
marijuana, or tetrahydrocannabinols and any related nonviolent
offenses or convictions that would not have satisfied all
elements of the charged offense or offenses but for the
involvement of these substances except for any offenses or
convictions where it has been established in court that the
individual was associated with a foreign drug cartel or
operating a motor vehicle under the influence of a drug or
alcohol within the meaning of section 13(b) of title 18,United
States Code, n offense of operating or being in actual physical
control of a motor vehicle within the meaning of title 36,
section 4.23 of the Code of Federal Regulations, or drunken or
reckless operation of vehicle, aircraft or vessel within the
meaning of article 111 of the Uniform Code of Military Justice,
section 911 of title 10, United States Code.
SEC. 5824. REPORT ON CERTAIN ENTITIES CONNECTED TO FOREIGN PERSONS ON
THE MURDER OF JAMAL KHASHOGGI.
(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
heads of appropriate agencies, shall submit to the appropriate
congressional committees a report on private, commercial, and
nongovernmental entities, including non-profit foundations, controlled
in whole or in part by any foreign person named in the Office of the
Director of National Intelligence report titled ``Assessing the Saudi
Government's Role in the Killing of Jamal Khashoggi'', dated February
11, 2021.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) A description of such entities.
(2) A detailed assessment, based in part on credible open
sources and other publicly-available information, of the roles,
if any, such entities played in the murder of Jamal Khashoggi
or any other gross violations of internationally recognized
human rights.
(3) A certification of whether any such entity is subject
to sanctions pursuant to the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note).
(c) Form.--The report required by subsection (a) 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 Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 5825. REVIEW OF IMPLEMENTATION OF UNITED STATES SANCTIONS WITH
RESPECT TO VIOLATORS OF THE ARMS EMBARGO ON LIBYA.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees an unclassified report that describes whether
the President has determined the persons described in subsection (b)
meet the criteria for the imposition of sanctions under section 1(a) of
Executive Order 13726 (81 Fed. Reg. 23559; relating to blocking
property and suspending entry into the United States of persons
contributing to the situation in Libya).
(b) Persons.--For purposes of the determination required under
subsection (a), the President shall consider all private companies
listed for facilitating violations of the United Nations arms embargo
on Libya in the report of the United Nations Panel of Experts entitled
``Letter dated 8 March 2021 from the Panel of Experts on Libya
established pursuant to resolution 1973 (2011) addressed to the
President of the Security Council'' and ``Letter dated 24 May 2022 from
the Panel of Experts on Libya established pursuant to resolution 1973
(2011) addressed to the President of the Security Council'', including
the following:
(1) Maritime vessels.
(2) Corporate facilitators of arms embargo violations.
(3) Aircraft operators.
(4) Mercenary recruiters and facilitators.
(c) 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. 5826. MODIFICATION OF PRIOR NOTIFICATION OF SHIPMENT OF ARMS.
Subsection (i) of section 36 of the Arms Export Control Act (22
U.S.C. 2776) is amended to read as follows:
``(i) Prior Notification of Shipment of Arms.--At least 30 days
prior to the initial and final shipment of a sale of defense articles
subject to the requirements of subsection (b), the President shall
provide notification of such pending shipment, in unclassified form,
with a classified annex as necessary, to the Chairperson and Ranking
Member of the Committee on Foreign Relations of the Senate and the
Chairperson and Ranking Member of the Committee on Foreign Affairs of
the House of Representatives.''.
SEC. 5827. STUDY AND REPORT ON FEASABILITY OF SUSPENSION OF MERGERS,
ACQUISITIONS, AND TAKEOVERS OF CERTAIN FOREIGN
SURVEILLANCE COMPANIES.
(a) In General.--The Secretary of Commerce, in consultation with
the Secretary of the Treasury, the Secretary of State, the Secretary of
Defense, the Director of National Intelligence, and the heads of other
relevant agencies, shall--
(1) study the feasibility of using existing authorities to
implement a suspension of any merger, acquisition, or takeover
that would result in control, including full or partial
ownership of some or all assets, of a covered foreign entity
described in subsection (c) by a United States person; and
(2) submit to the appropriate congressional committees a
report on the results of such study.
(b) Matters to Be Included.--The study and report required by
subsection (a) shall include the following:
(1) An assessment of whether the President or Executive
branch agencies have the authority to implement a suspension as
described in subsection (a) and what additional authorities
would be required if needed.
(2) An assessment of whether the President or Executive
branch agencies could lift a suspension only if a determination
is made that the merger, acquisition, or takeover described in
subsection (a)--
(A) does not pose a significant counterintelligence
or national security risk to the United States or
United States treaty allies, including an undue risk of
subversion of the United States intelligence community
or United States national security interests through
the design, integrity, manufacturing, production,
distribution, installation, operation, or maintenance
of targeted digital surveillance technologies;
(B) does not seek or intend to evade or circumvent
United States export control laws, including through a
transaction, transfer, agreement or arrangement
intended or designed to limit exposure to United States
export controls; or
(C) does not affect any existing contracts between
the United States Government and the United States
person.
(c) Covered Foreign Entity Described.--A covered foreign entity
described in this subsection is an entity, including a subsidiary or
affiliate of the entity, that--
(1) is organized under the laws of or having its principal
place of business in a foreign country;
(2) develops, sells, or otherwise controls proprietary
technology, including non-sensitive technologies, related to
targeted digital surveillance capabilities; and
(3) is included on the list maintained by the Bureau of
Industry and Security of the Department of Commerce and set
forth in Supplement No. 4 to part 744 of title 15, Code of
Federal Regulations.
(d) Definitions.--In this section:
(1) Control.--The term ``control''' means the power, direct
or indirect, whether exercised or not exercised, to determine,
direct, or decide important matters affecting an entity,
subject to regulations prescribed by the Secretary of Commerce.
(2) Intelligence community.--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)).
(3) Targeted digital surveillance.--The term ``targeted
digital surveillance'' means the use of items or services that
enable an individual or entity (with or without the knowing
authorization of the product's owner) to detect, monitor,
intercept, collect, exploit, preserve, protect, transmit,
retain, or otherwise gain access to the communications,
sensitive or protected information, work product, browsing
data, research, identifying information, location history, and
online and offline activities of other individuals,
organizations, or entities.
(4) 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 of any jurisdiction of the United
States, including a foreign branch of such an entity.
SEC. 5828. REPORT ON POLITICAL PRISONERS IN EGYPT.
(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
Director of National Intelligence, shall submit to the appropriate
congressional committees a report on the status of political prisoners
in Egypt.
(b) Matters to Be Included.--The report required by subsection (a)
shall include a detailed assessment of how many individuals are
detained, imprisoned, or the victim of an enforced disappearance in
Egypt, including individuals who--
(1) are human rights defenders;
(2) are detained, imprisoned, or otherwise physically
restricted because of their political, religious, other
conscientiously-held beliefs, or their identity;
(3) are prisoners who are arbitrarily detained;
(4) are victims of enforced disappearance or are reasonably
suspected of being detained or imprisoned in a secret location;
or
(5) have been subject to torture or other gross violations
of human rights while detained or imprisoned.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but portions of the report described in
subsection (b) may contain a classified annex, so long as such annex is
provided separately from the unclassified report.
SEC. 5829. ATTORNEY GENERAL AUTHORITY TO TRANSFER FORFEITED RUSSIAN
ASSETS TO ASSIST UKRAINE.
(a) Authorization.--Subject to appropriations for such purpose, the
Attorney General may transfer to the Secretary of State the proceeds of
any covered forfeited property for use by the Secretary of State to
provide assistance to Ukraine to remediate the harms of Russian
aggression towards Ukraine. Any such transfer shall be considered
foreign assistance under the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.).
(b) Report.--The Attorney General, in consultation with the
Secretary of the Treasury and the Secretary of State, shall provide a
semiannual report to the appropriate congressional committees on any
transfers made pursuant to subsection (a).
(c) Definitions.--In this section:
(1) The term ``covered forfeited property'' means property
seized by the Department of Justice under chapter 46 or section
1963 of title 18, United States Code, which property belonged
to or was possessed by a person subject to sanctions and
designated by the Secretary of Treasury or the Secretary of
State, pursuant to Executive Order 14024, and as expanded by
Executive Order 14066 of March 8, 2022, and relied on for
additional steps taken in Executive Order 14039 of August 20,
2021, and Executive Order 14068 of March 11, 2022.
(2) The term ``appropriate congressional committees''
means--
(A) the Committees on the Judiciary of the House of
Representatives and of the Senate;
(B) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate;
(C) the Committee on Financial Services of the
House of Representatives and the Committee on Finance
of the Senate; and
(D) the Committees on Appropriations of the House
of Representatives and of the Senate.
(d) Sunset.--The authority under this section shall apply to any
covered forfeited property seized on or before the date of the
enactment of this Act and on or before May 1, 2025.
SEC. 5830. REMOVING RUSSIAN ROUGH DIAMONDS FROM GLOBAL MARKETS.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State, in coordination with the Secretary of the Treasury
and the heads of all other relevant interagency partners, should
instruct the United States representatives at each international
institution as follows:
(1) To use the voice and vote of the United States to expel
Russia from the Kimberley Process to ensure that Russian source
and origin rough diamonds are not used to finance Russia's war
in Ukraine or to circumvent United States sanctions.
(2) To engage the current chair of the Kimberley Process to
ensure that Russia's exclusion from the process is brought to a
formal decision in a timely manner.
(3) To use the role of the United States in the Working
Group on Monitoring in the Kimberley Process to ensure that
Kimberley Process compliance obligations include assessments on
tractability and provenance of potential Russian diamonds
moving through a particular country's compliance system.
(4) To work with other participants in the Kimberley
Process, including partner countries that provide avenues for
sanctioned Russian oligarchs to protect their wealth, to
develop a coordinated policy with respect to ensuring Russian
rough diamonds, precious metals, or other assets are not used
to circumvent United States sanctions on Russian oligarchs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Treasury and the Department of Homeland Security, shall
submit to the appropriate congressional committees a report on the
implementation of United States sanctions of Russian diamond companies
that includes the following:
(1) An assessment on how specific countries are
implementing sanctions imposed with respect to the Russian
state-owned enterprise Alrosa and other sanctioned Russian
diamond companies, including in particular the countries that--
(A) receive security assistance from the United
States authorized under title 10, United States Code,
or under the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.); and
(B) have signed a collective defense arrangement
with the United States.
(2) A list of which countries wealthy Russian oligarchs,
sanctioned or otherwise, have emigrated to following the
outbreak of the war in Ukraine.
(3) An assessment on how implementation and enforcement of
the sanctions imposed with respect to Alrosa can be
strengthened, including through mechanisms for traceability.
(c) Resources.--In completing the report required by subsection
(b), the relevant departments shall directly engage with key industry
associations and members, including grading laboratories, on matters of
technical importance, including traceability and provenance.
SEC. 5831. LIU XIAOBO FUND FOR STUDY OF THE CHINESE LANGUAGE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) as a substitute to Confucius Institutes, the United
States Government should invest heavily into alternative
programs and institutions that ensure there remains a robust
pipeline of Americans learning China's many languages; and
(2) in a 21st century that will be dominated by a strategic
competition between the United States and China, it is in the
national security interests of the United States to ensure that
Americans continue to invest in Chinese language skills, as
well as Tibetan, Uyghur, and Mongolian languages, while
ensuring they can do so in a context free of malign political
influence from foreign state actors.
(b) Establishment of the Liu Xiaobo Fund for Study of the Chinese
Language.--The Secretary of State shall establish in the Department of
State the ``Liu Xiaobo Fund for Study of the Chinese Language'' to fund
study by United States persons of Mandarin and Cantonese Chinese,
Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of
China, abroad or in the United States.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of State for fiscal year 2021 and every
fiscal year thereafter, $10,000,000 to carry out the Liu Xiaobo Fund
for Study of the Chinese Language.
(d) Required Activities.--Amounts authorized to be appropriated
pursuant to subsection (c) shall--
(1) be designed to advance the national security and
foreign policy interests of the United States, as determined by
the Secretary of State;
(2) favor funding mechanisms that can maximize the total
number of United States persons given the opportunity to
acquire full conversational linguistic proficiency in Mandarin
and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other
contemporary spoken languages of China;
(3) favor funding mechanisms that provide opportunities for
such language study to areas traditionally under-served by such
opportunities;
(4) be shaped by an ongoing consultative process taking
into account design inputs of--
(A) civil society institutions, including Chinese
diaspora community organizations;
(B) language experts in Mandarin and Cantonese
Chinese, Tibetan, Uyghur, Mongolian, and other
contemporary spoken languages of China;
(C) organizations representing historically
disadvantaged socioeconomic groups in the United
States; and
(D) human rights organizations; and
(5) favor opportunities to fund the study of Mandarin and
Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other
contemporary spoken languages of China at Alaska Native-serving
institutions, Asian American and Native American Pacific
Islander-serving institutions, Hispanic-serving institutions,
historically Black college or universities, Native American-
serving nontribal institutions, Native Hawaiian-serving
institutions, Predominantly Black institutions, Tribal Colleges
or Universities.
(e) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act and annually thereafter for five
years, the Secretary of State, in consultation with the heads
of appropriate Federal departments and agencies, as
appropriate, shall submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate a report detailing activities and
disbursements made to carry out this Act over the immediately
preceding academic year.
(2) Report contents.--Each report required under paragraph
(1) shall include details on--
(A) which institutions, programs, or entities
received funds through the Liu Xiaobo Fund for Study of
the Chinese Language;
(B) funds distribution disaggregated by
institution, program, or entity, including
identification of the State or country in which such
institution, program, or entity is located;
(C) the number of United States persons who
received language study under the Liu Xiaobo Fund for
Study of the Chinese Language, and the average amount
disbursed per person for such study;
(D) a comparative analysis of per dollar program
effectiveness and efficiency in allowing United States
persons to reach conversational proficiency Mandarin or
Cantonese Chinese, Tibetan, Uyghur, Mongolian, or other
contemporary spoken languages of China;
(E) an analysis of which of the languages referred
to in subparagraph (D) were studied through the funding
from the Liu Xiaobo Fund for Study of the Chinese
Language; and
(F) any recommendations of the Secretary of State
for improvements to the authorities, priorities, or
management of the Liu Xiaobo Fund for Study of the
Chinese Language.
(f) Interagency Funds Transfers Authorization.--Amounts authorized
to be appropriated to the Secretary of State to carry out this Act are
authorized to be transferred to the heads of other appropriate Federal
departments and agencies for similar purposes, subject to prior
notification to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate.
Such heads shall consult with the Secretary in the preparation of the
report required under subsection (e).
(g) Limitations.--Amounts authorized to be appropriated to carry
out this Act may only be made available for the costs of language study
funded and administration incurred by the Department of State or
programs carried out by the Department of State (or by another Federal
department or agency pursuant to subsection (f)) to carry out this
section.
(h) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
Operations and Maintenance, Defense-Wide, as specified in the
corresponding funding table in section 4301, is hereby reduced by
$10,000,000.
(i) Definitions.--In this section:
(1) The term ``Alaska Native-serving institution'' has the
meaning given such term in section 317(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b))
(2) The term ``Asian American and Native American Pacific
Islander-serving institution'' has the meaning given such term
in section 371(c) of the Higher Education Act of 1965 (20
U.S.C. 1067q(c)).
(3) The term ``Hispanic-serving institution'' has the
meaning given such term in section 502 of the Higher Education
Act of 1965 (20 U.S.C. 1101a).
(4) The term ``historically Black college or university''
means a part B institution described in section 322(2) of the
Higher Education Act of 1965 (22 U.S.C. 1061(2)).
(5) The term ``Native American-serving nontribal
institution'' has the meaning given such term in section 371(c)
of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).
(6) The term ``Native Hawaiian-serving institution'' has
the meaning given such term in section 317(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b)).
(7) The term ``Predominantly Black institution'' has the
meaning given such term in section 371(c) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(c)).
(8) The term ``Tribal College or University'' has the
meaning given such term in section 316(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)).
SEC. 5832. 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
section, the term ``appropriate congressional committees''
means--
(A) the Committee on Oversight and Reform and the
Committee on Veterans' Affairs of the House of
Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on Veterans'
Affairs 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.--Not
later than 30 days after the date of the enactment of this Act,
the Archivist of the United States shall ensure 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, 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. 5833. JAPANESE AMERICAN CONFINEMENT EDUCATION GRANTS.
Public Law 109-441 (120 Stat. 3290) is amended--
(1) in section 2, by adding at the end the following:
``(4) Japanese american confinement education grants.--The
term `Japanese American Confinement Education Grants' means
competitive grants, awarded through the Japanese American
Confinement Sites Program, for Japanese American organizations
to educate individuals, including through the use of digital
resources, in the United States on the historical importance of
Japanese American confinement during World War II, so that
present and future generations may learn from Japanese American
confinement and the commitment of the United States to equal
justice under the law.
``(5) Japanese american organization.--The term `Japanese
American organization' means a private nonprofit organization
within the United States established to promote the
understanding and appreciation of the ethnic and cultural
diversity of the United States by illustrating the Japanese
American experience throughout the history of the United
States.''; and
(2) in section 4--
(A) by inserting ``(a) In General.--'' before
``There are authorized'';
(B) by striking ``$38,000,000'' and inserting
``$80,000,000''; and
(C) by adding at the end the following:
``(b) Japanese American Confinement Education Grants.--
``(1) In general.--Of the amounts made available under this
section, not more than $10,000,000 shall be awarded as Japanese
American Confinement Education Grants to Japanese American
organizations. Such competitive grants shall be in an amount
not less than $750,000 and the Secretary shall give priority
consideration to Japanese American organizations with fewer
than 100 employees.
``(2) Matching requirement.--
``(A) Fifty percent.--Except as provided in
subparagraph (B), for funds awarded under this
subsection, the Secretary shall require a 50 percent
match with non-Federal assets from non-Federal sources,
which may include cash or durable goods and materials
fairly valued, as determined by the Secretary.
``(B) Waiver.--The Secretary may waive all or part
of the matching requirement under subparagraph (A), if
the Secretary determines that--
``(i) no reasonable means are available
through which an applicant can meet the
matching requirement; and
``(ii) the probable benefit of the project
funded outweighs the public interest in such
matching requirement.''.
SEC. 5834. REPORTING ON INTERNATIONALLY RECOGNIZED HUMAN RIGHTS IN THE
UNITED STATES IN THE ANNUAL COUNTRY REPORTS ON HUMAN
RIGHTS PRACTICES.
Section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n)
is amended by adding at the end the following:
``(h) Internationally Recognized Human Rights in the United
States.--The report required by subsection (d) shall include a section
that provides a list of reports published during the prior year by
United States government agencies on the status of internationally
recognized human rights in the United States, including reports issued
by the Department of Justice, the Department of Homeland Security and
the United States Commission on Civil Rights.''.
SEC. 5835. EXPORT PROHIBITION OF 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 ``December 31, 2021'' and inserting the following:
``December 31, 2024''.
SEC. 5836. 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. 5837. 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, the Secretary of State,
acting through the Special Envoy on North Korean Human Rights Issues,
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.
SEC. 5838. 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 new
paragraph:
``(6) the provision of safe and secure access to sanitation
facilities, with a special emphasis on women, girls, and
vulnerable populations.''.
SEC. 5839. BLACKWATER TRADING POST LAND.
(a) Definitions.--In this section:
(1) The term ``Blackwater Trading Post Land'' means the
approximately 55.3 acres of land as depicted on the map that--
(A) is located in Pinal County, Arizona, and
bordered by Community land to the east, west, and north
and State Highway 87 to the south; and
(B) is owned by the Community.
(2) The term ``Community'' means the Gila River Indian
Community of the Reservation.
(3) The term ``map'' means the map entitled ``Results of
Survey, Ellis Property, A Portion of the West \1/2\ of Section
12, Township 5 South, Range 7 East, Gila and Salt River
Meridian, Pinal County, Arizona'' and dated October 15, 2012.
(4) The term ``Reservation'' means the land located within
the exterior boundaries of the reservation created under
sections 3 and 4 of the Act of February 28, 1859 (11 Stat. 401,
chapter LXVI), and Executive orders of August 31, 1876, June
14, 1879, May 5, 1882, November 15, 1883, July 31, 1911, June
2, 1913, August 27, 1914, and July 19, 1915, and any other
lands placed in trust for the benefit of the Community.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(b) Land Taken Into Trust for Benefit of the GILA River Indian
Community.--
(1) In general.--The Secretary shall take the Blackwater
Trading Post land into trust for the benefit of the Community,
after the Community--
(A) conveys to the Secretary all right, title, and
interest of the Community in and to the Blackwater
Trading Post Land;
(B) submits to the Secretary a request to take the
Blackwater Trading Post Land into trust for the benefit
of the Community;
(C) conducts a survey (to the satisfaction of the
Secretary) to determine the exact acreage and legal
description of the Blackwater Trading Post Land, if the
Secretary determines a survey is necessary; and
(D) pays all costs of any survey conducted under
subparagraph (C).
(2) Availability of map.--Not later than 180 days after the
Blackwater Trading Post Land is taken into trust under
paragraph (1), the map shall be on file and available for
public inspection in the appropriate offices of the Secretary.
(3) Lands taken into trust part of reservation.--After the
date on which the Blackwater Trading Post Land is taken into
trust under paragraph (1), the land shall be treated as part of
the Reservation.
(4) Gaming.--Class II and class III gaming under the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be
allowed at any time on the land taken into trust under
paragraph (1).
(5) Description.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall cause the full
metes-and-bounds description of the Blackwater Trading Post
Land to be published in the Federal Register. The description
shall, on publication, constitute the official description of
the Blackwater Trading Post Land.
(c) CERCLA Compliance.--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)).
SEC. 5840. AUTHORIZATIONS RELATING TO VETERINARY CARE OVERSEAS.
(a) Department of State.--The Secretary of State, in consultation
with the Director of the Centers for Disease Control and Prevention, is
authorized, in order to facilitate the importation to the United
States, of domestic animals by officers and employees of the United
States Government, and their dependents, under the authority of any
Chief of Mission from a country classified by the Centers for Disease
Control and Prevention as high risk for dog rabies--
(1) to enter into contracts with individuals who are
licensed in the United States for the provision of personal
services (as described in section 104 of part 37 of title 48,
Code of Federal Regulations and including pursuant to section
904 of the Foreign Service Act of 1980 (22 U.S.C. 4084)) to
provide veterinary care overseas for domestic animals of such
officers, employees, and dependents, except that--
(A) such individuals may not be deemed officers or
employees of the United States for the purpose of any
law administered by the Office of Personnel Management;
and
(B) such individuals shall be expected to be
available to travel to any overseas post as necessary
to provide veterinary care and shall not be hired for
or detailed exclusively to any specific overseas post;
and
(2) to take such steps as may be necessary to provide
medical services or related support with respect to the
domestic animals of such officers, employees, and dependents,
including in particular the purchase, procurement, delivery,
and administration of rabies vaccines licensed by the Secretary
of Agriculture, on a reimbursable basis to the extent feasible,
except that such reimbursement may not exceed the amount that
would be charged for equivalent veterinarian services if
received in the United States.
(b) Use of Existing Mechanisms.--To the maximum extent practicable,
the Secretary of State shall use existing mechanisms, including for the
purchase, procurement, delivery, and administration of COVID-19
vaccines to officers and employees of the United States Government and
their dependents under the authority of any Chief of Mission abroad, to
carry out the authorities provided by subsection (a), especially with
respect to the purchase, procurement, delivery, and administration of
rabies vaccines licensed by the Secretary of Agriculture.
(c) Definitions.--In this section--
(1) the term ``domestic animal'' means a dog or a cat; and
(2) the term ``officers and employees of the United States
Government'' includes volunteers in the Peace Corps.
SEC. 5841. 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.
SEC. 5842. PROHIBITED USES OF ACQUIRED, DONATED, AND CONSERVATION LAND.
Section 714(a) of the California Desert Protection Act of 1994
(Public Law 103-433; 16 U.S.C. 410aaa-81c(a)) is amended by striking
paragraph (3) and inserting the following:
``(3) Conservation land.--The term `conservation land'
means--
``(A) any land within the Conservation Area that is
designated to satisfy the conditions of a Federal
habitat conservation plan, general conservation plan,
or State natural communities conservation plan;
``(B) any national conservation land within the
Conservation Area established pursuant to section
2002(b)(2)(D) of the Omnibus Public Land Management Act
of 2009 (16 U.S.C. 7202(b)(2)(D)); and
``(C) any area of critical environmental concern
within the Conservation Area established pursuant to
section 202(c)(3) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712(c)(3)).''.
SEC. 5843. JAMAL KHASHOGGI PRESS FREEDOM ACCOUNTABILITY ACT OF 2021.
(a) Expanding Scope of Human Rights Reports With Respect to
Violations of Human Rights of Journalists.--The Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) is amended as follows:
(1) In paragraph (12) of section 116(d)--
(A) in subparagraph (B)--
(i) by inserting ``or online harassment''
after ``direct physical attacks''; and
(ii) by inserting ``or surveillance'' after
``sources of pressure'';
(B) in subparagraph (C)(ii), by striking ``ensure
the prosecution'' and all that follows to the end of
the clause and inserting ``ensure the investigation,
prosecution, and conviction of government officials or
private individuals who engage in or facilitate digital
or physical attacks, including hacking, censorship,
surveillance, harassment, unlawful imprisonment, or
bodily harm, against journalists and others who
perform, or provide administrative support to, the
dissemination of print, broadcast, internet-based, or
social media intended to communicate facts or
opinion.'';
(C) by redesignating subparagraphs (B) and (C) (as
amended by subparagraph (A) of this section) as
subparagraphs (C) and (D), respectively; and
(D) by inserting after subparagraph (A) the
following new subparagraph:
``(B) an identification of countries in which there
were gross violations of internationally recognized
human rights (as such term is defined for purposes of
section 502B) committed against journalists;''.
(2) By redesignating the second subsection (i) of section
502B as subsection (j).
(3) In the first subsection (i) of section 502B--
(A) in paragraph (2)--
(i) by inserting ``or online harassment''
after ``direct physical attacks''; and
(ii) by inserting ``or surveillance'' after
``sources of pressure'';
(B) by redesignating paragraph (2) (as amended by
subparagraph (A) of this section) and paragraph (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) an identification of countries in which there were
gross violations of internationally recognized human rights
committed against journalists;''.
(b) Imposition of Sanctions on Persons Responsible for the
Commission of Gross Violations of Internationally Recognized Human
Rights Against Journalists.--
(1) Listing of persons who have committed gross violations
of internationally recognized human rights.--
(A) In general.--On or after the date on which a
person is listed pursuant to subparagraph (B), the
President shall impose the sanctions described in
paragraph (2) on each foreign person the President
determines, based on credible information, has
perpetrated, ordered, or otherwise directed the
extrajudicial killing of or other gross violation of
internationally recognized human rights committed
against a journalist or other person who performs, or
provides administrative support to, the dissemination
of print, broadcast, internet-based, or social media
intended to report newsworthy activities or
information, or communicate facts or fact-based
opinions.
(B) Publication of list.--The Secretary of State
shall publish on a publicly available website of the
Department of State a list of the names of each foreign
person determined pursuant to subparagraph (A) to have
perpetrated, ordered, or directed an act described in
such paragraph. Such list shall be updated at least
annually.
(C) Exception.--The President may waive the
imposition of sanctions under subparagraph (A) (and
omit a foreign person from the list published in
accordance with subparagraph (B)) or terminate such
sanctions and remove a foreign person from such list,
if the President certifies to the Committee on Foreign
Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate--
(i) that public identification of the
individual is not in the national interest of
the United States, including an unclassified
description of the factual basis supporting
such certification, which may contain a
classified annex; or
(ii) that appropriate foreign government
authorities have credibly--
(I) investigated the foreign person
and, as appropriate, held such person
accountable for perpetrating, ordering,
or directing the acts described in
subparagraph (A);
(II) publicly condemned violations
of the freedom of the press and the
acts described in subparagraph (A);
(III) complied with any requests
for information from international or
regional human rights organizations
with respect to the acts described in
subparagraph (A); and
(IV) complied with any United
States Government requests for
information with respect to the acts
described in subparagraph (A).
(2) Sanctions described.--The sanctions described in this
paragraph are the following:
(A) Asset blocking.--The President shall exercise
all of the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and
prohibit all transactions in property and interests in
property of a foreign person identified in the report
required under paragraph (1)(A) if such property and
interests in property are in the United States, come
within the United States, or come within the possession
or control of a United States person.
(B) Ineligibility for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
described in paragraph (1)(A) 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.).
(ii) Current visas revoked.--
(I) In general.--An alien described
in paragraph (1)(A) is subject to
revocation of any visa or other entry
documentation regardless of when the
visa or other entry documentation is or
was issued.
(II) Immediate effect.--A
revocation under subclause (I) shall
take effect immediately, and
automatically cancel any other valid
visa or entry documentation that is in
the alien's possession.
(C) Exceptions.--
(i) Exception for intelligence
activities.--The sanctions described in this
paragraph shall not apply to any activity
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 activities of the United States.
(ii) Exception to comply with international
obligations.--The sanctions described in this
paragraph shall not apply with respect to 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) Implementation; penalties.--
(A) 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 subsection.
(B) 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 foreign person that violates,
attempts to violate, conspires to violate, or causes a
violation of this subsection to the same extent that
such penalties apply to a person that commits an
unlawful act described in subsection (a) of such
section 206.
(4) Exception relating to the importation of goods.--
(A) In general.--The authorities and requirements
to impose sanctions under this section shall not
include any authority or requirement to impose
sanctions on the importation of goods.
(B) Good defined.--For purposes of 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.
(5) Definitions.--In this subsection:
(A) The terms ``admitted'' and ``alien'' have the
meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1001).
(B) The term ``foreign person'' means an individual
who is not--
(i) a United States citizen or national; or
(ii) an alien lawfully admitted for
permanent residence to the United States.
(C) The term ``United States person'' means--
(i) a United States citizen, an alien
lawfully admitted for permanent residence to
the United States, or any other individual
subject to the jurisdiction of the United
States;
(ii) an entity organized under the laws of
the United States or of any jurisdiction within
the United States, including a foreign branch
of such entity; or
(iii) any person in the United States.
(c) Prohibition on Foreign Assistance.--
(1) Prohibition.--Assistance authorized under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms
Export Control Act (22 U.S.C. 2751 et seq.) may not be made
available to any governmental entity of a country if the
Secretary of State or the Director of National Intelligence has
credible information that one or more officials associated
with, leading, or otherwise acting under the authority of such
entity has committed a gross violation of internationally
recognized human rights against a journalist or other person
who performs, or provides administrative support to, the
dissemination of print, broadcast, internet-based, or social
media intended to report newsworthy activities or information,
or communicate facts or fact-based opinions. To the maximum
extent practicable, a list of such governmental entities shall
be published on publicly available websites of the Department
of State and of the Office of the Director of National
Intelligence and shall be updated on a regular basis.
(2) Prompt information.--The Secretary of State shall
promptly inform appropriate officials of the government of a
country from which assistance is withheld in accordance with
the prohibition under paragraph (1).
(3) Exception.--The prohibition under paragraph (1) shall
not apply with respect to the following:
(A) Humanitarian assistance or disaster relief
assistance authorized under the Foreign Assistance Act
of 1961.
(B) Assistance the Secretary determines to be
essential to assist the government of a country to
bring the responsible members of the relevant
governmental entity to justice for the acts described
in paragraph (1).
(4) Waiver.--
(A) In general.--The Secretary of State, may waive
the prohibition under paragraph (1) with respect to a
governmental entity of a country if--
(i) the President, acting through the
Secretary of State and the Director of National
Intelligence, determines that such a waiver is
in the national security interest of the United
States; or
(ii) the Secretary of State has received
credible information that the government of
that country has--
(I) performed a thorough
investigation of the acts described in
paragraph (1) and is taking effective
steps to bring responsible members of
the relevant governmental entity to
justice;
(II) condemned violations of the
freedom of the press and the acts
described in paragraph (1);
(III) complied with any requests
for information from international or
regional human rights organizations
with respect to the acts described in
paragraph (1), in accordance with
international legal obligations to
protect the freedom of expression; and
(IV) complied with United States
Government requests for information
with respect to the acts described in
paragraph (1).
(B) Certification.--A waiver described in
subparagraph (A) may only take effect if--
(i) the Secretary of State certifies, not
later than 30 days before the effective date of
the waiver, to the Committee on Foreign Affairs
and the Committee on Appropriations of the
House of Representatives and the Committee on
Foreign Relations and the Committee on
Appropriations of the Senate that such waiver
is warranted and includes an unclassified
description of the factual basis supporting the
certification, which may contain a classified
annex; and
(ii) the Director of National Intelligence,
not later than 30 days before the effective
date of the waiver, submits to the Permanent
Select Committee on Intelligence of the House
of Representatives and the Select Committee on
Intelligence of the Senate a report detailing
any underlying information that the
intelligence community (as such term is defined
in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)) has regarding the
perpetrators of the acts described in paragraph
(1), which shall be submitted in unclassified
form but may contain a classified annex.
SEC. 5844. GAO STUDY ON THE DANIEL PEARL FREEDOM OF THE PRESS ACT OF
2009.
(a) Study.--The Comptroller General of the United States shall
evaluate the implementation of the Daniel Pearl Freedom of the Press
Act of 2009 (Public Law 111-166) by--
(1) assessing the effects of including the information
described in section 116(d)(12) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151n(d)(12)) in the annual Country Reports
on Human Rights Practices; and
(2) determining how reporting on instances of governmental
suppression of free press abroad and inaction in addressing
press freedom violations has changed since the enactment of the
Daniel Pearl Freedom of the Press Act of 2009.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to Congress and to
the Secretary of State a report that--
(1) summarizes the results of the study required under
subsection (a); and
(2) provides recommendations for any legislative or
regulatory action that would improve the efforts of the
Department of State to report on issues of press freedom
abroad.
SEC. 5845. 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
and may include persons that--
(A) have used violence;
(B) have advocated violence or hatred; or
(C) have committed a minor offense that serves as a
pretext for politically motivated imprisonment.
(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. 5846. POLICY REGARDING DEVELOPMENT OF NUCLEAR WEAPONS BY IRAN.
(a) Findings.--Congress finds the following:
(1) Congress and several successive Presidential
administrations have long sought to prevent Iran from ever
acquiring a nuclear weapon.
(2) It is currently estimated that Iran is almost to the
point of having enough highly-enriched nuclear material to
produce a nuclear weapon, if further enriched.
(3) On March 3, 2020, the International Atomic Energy
Agency (IAEA) Director General reported to the Agency's Board
of Governors that nuclear material was found at three
previously undisclosed locations in Iran.
(4) The IAEA reported it began investigating this matter
pursuant to Iran's IAEA safeguards obligations in 2019.
(5) On March 5, 2022, the IAEA and the Atomic Energy
Organization of Iran announced an agreement wherein Iran
committed to provide the IAEA with information and documents in
response to the IAEA's questions related to uranium particles
discovered at undeclared sites in Iran.
(6) On June 6, 2022, the Director General of the IAEA
stated that ``Iran has not provided explanations that are
technically credible in relation to the Agency's findings at
three undeclared locations in Iran. Nor has Iran informed the
Agency of the current location, or locations, of the nuclear
material and/or of the equipment contaminated with nuclear
material, that was moved from Turquzabad in 2018.''.
(7) On June 8, 2022, the IAEA Board of Governors
overwhelmingly adopted a resolution calling on Iran to
cooperate with the IAEA on an urgent basis to fulfil its
safeguards obligations and expressing profound concern with
Iran's insufficient substantive cooperation thus far, with 30
Board Members voting in favor, two voting against, and three
abstaining.
(8) The IAEA Board of Governors's resolution called upon
Iran to ``act on an urgent basis to fulfill its legal
obligations and, without delay, take up the Director General's
offer of further engagement to clarify and resolve all
outstanding safeguards issues.''.
(9) Shortly before the IAEA Board of Governors's vote
adopting the resolution, Iran announced it would remove 27 IAEA
cameras installed to monitor the separate issue of Iran's JCPOA
commitments at certain Iranian facilities and Iran has since
followed through on disconnecting these cameras.
(10) Following the vote of the IAEA Board of Governors,
Iran informed the IAEA it would install additional cascades of
advanced IR-6 centrifuges at its Natanz facility;
(b) Sense of Congress.--It is the sense of Congress that it--
(1) reiterates its commitment to ensuring Iran will never
acquire a nuclear weapon;
(2) supports the important work of the 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.
SEC. 5847. TRANSFER OF NOAA PROPERTY IN NORFOLK, VIRGINIA.
(a) In General.--The Act entitled, ``An Act to authorize the
Secretary of Commerce to sell or exchange certain National Oceanic and
Atmospheric Administration property located in Norfolk, Virginia, and
for other purposes'', enacted on October 13, 2008 (P.L. 110-393; 122
Stat. 4203), is amended by striking the heading and subsections (a),
(b), (c), and (d) of section 1 and inserting the following:
``SECTION 1. TRANSFER OF NOAA PROPERTY IN NORFOLK, VIRGINIA.
``(a) In General.--The Secretary of Commerce shall transfer without
consideration all right, title, and interest of the United States in
and to the property described in subsection (b) to the City of Norfolk,
Virginia, not later than the earlier of--
``(1) the date on which the Secretary of Commerce has
transferred all of the employees of the National Oceanic and
Atmospheric Administration (in this section referred to as
`NOAA') from its facilities at the property described in
subsection (b); or
``(2) 5 years after the date of the enactment of this Act.
``(b) Property Described.--The property described in this
subsection is--
``(1) the real property under the administrative
jurisdiction of the NOAA, including land and improvements
thereon, located at 538 Front Street, Norfolk, Virginia,
consisting of approximately 3.78 acres; and
``(2) the real property under the administrative
jurisdiction of the NOAA, including land and improvements
thereon, located at 439 W. York Street, Norfolk, Virginia,
consisting of approximately 2.5231 acres.
``(c) Survey.--The exact acreage and legal description of the
property described in subsection (b) shall be determined by a survey or
surveys satisfactory to the Secretary.
``(d) 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)).''.
(b) Conforming Amendment.--Subsection (e) of section 1 of such Act
(122 Stat. 4204) is amended by striking the first sentence.
SEC. 5848. ELIMINATION OF SENTENCING DISPARITY FOR COCAINE OFFENSES.
(a) Elimination of Increased Penalties for Cocaine Offenses Where
the Cocaine Involved Is Cocaine Base.--
(1) Controlled substances act.--The following provisions of
the Controlled Substances Act (21 U.S.C. 801 et seq.) are
repealed:
(A) Clause (iii) of section 401(b)(1)(A) (21 U.S.C.
841(b)(1)(A)).
(B) Clause (iii) of section 401(b)(1)(B) (21 U.S.C.
841(b)(1)(B)).
(2) Controlled substances import and export act.--The
following provisions of the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.) are repealed:
(A) Subparagraph (C) of section 1010(b)(1) (21
U.S.C. 960(b)(1)).
(B) Subparagraph (C) of section 1010(b)(2) (21
U.S.C. 960(b)(2)).
(3) Applicability to pending and past cases.--
(A) Pending cases.--This section, and the
amendments made by this subsection, shall apply to any
sentence imposed after the date of enactment of this
section, regardless of when the offense was committed.
(B) Past cases.--
(i) In general.--In the case of a defendant
who, on or before the date of enactment of this
section, was sentenced for a Federal offense
described in clause (ii), the sentencing court
may, on motion of the defendant, the Bureau of
Prisons, the attorney for the Government, or on
its own motion, impose a reduced sentence after
considering the factors set forth in section
3553(a) of title 18, United States Code.
(ii) Federal offense described.--A Federal
offense described in this clause is an offense
that involves cocaine base that is an offense
under one of the following:
(I) Section 401 of the Controlled
Substances Act (21 U.S.C. 841).
(II) Section 1010 of the Controlled
Substances Import and Export Act (21
U.S.C. 960).
(III) Section 404(a) of the
Controlled Substances Act (21 U.S.C.
844(a)).
(IV) Any other Federal criminal
offense, the conduct or penalties for
which were established by reference to
a provision described in subclause (I),
(II), or (III).
(iii) Defendant not required to be
present.--Notwithstanding Rule 43 of the
Federal Rules of Criminal Procedure, the
defendant is not required to be present at any
hearing on whether to impose a reduced sentence
pursuant to this subparagraph.
(iv) No reduction for previously reduced
sentences.--A court may not consider a motion
made under this subparagraph to reduce a
sentence if the sentence was previously imposed
or previously reduced in accordance with this
section.
(v) No requirement to reduce sentence.--
Nothing in this subparagraph may be construed
to require a court to reduce a sentence
pursuant to this subparagraph.
(b) Determination of Budgetary Effects.--The budgetary effects of
this section, 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
section, 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. 5849. 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) may be--
(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.--An alien described in
subsection (a)(1) may be subject to revocation
of any visa or other entry documentation
regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect pursuant to section
221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)); and
(II) 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 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 or law enforcement
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. 5850. SUPPORT FOR AFGHAN SPECIAL IMMIGRANT VISA AND REFUGEE
APPLICANTS.
(a) Sense of Congress.--It is the sense of Congress that the United
States should increase support for nationals of Afghanistan who aided
the United States mission in Afghanistan during the past twenty years
and are now under threat from the Taliban, specifically special
immigrant visa applicants who are nationals of Afghanistan and
referrals of nationals of Afghanistan to the United States Refugee
Admissions Program, including through the Priority 2 Designation for
nationals of Afghanistan, who remain in Afghanistan or are in third
countries.
(b) Requirements.--The Secretary of State, in coordination with the
Secretary of Homeland Security and the heads of other relevant Federal
departments and agencies, shall further surge capacity to better
support special immigrant visa applicants who are nationals of
Afghanistan and referrals of nationals of Afghanistan to the United
States Refugee Admissions Program and who have been approved by the
chief of mission, including through the Priority 2 Designation for
nationals of Afghanistan, and reduce their application processing
times, while ensuring strict and necessary security vetting, including,
to the extent practicable, enabling refugee referrals to initiate
application processes while still in Afghanistan.
(c) Surge Capacity Described.--The term ``surge capacity'' includes
increasing consular personnel to any embassy or consulate in the region
processing visa applications for nationals of Afghanistan.
SEC. 5851. LIABILITY FOR FAILURE TO DISCLOSE OR UPDATE INFORMATION.
Section 2313 of title 41, United States Code, is amended--
(1) in subsection (d)(3), by striking ``, to the extent
practicable,'';
(2) in subsection (f)(1), by striking ``subsection (c)''
and inserting ``subsections (c) and (d)'';
(3) by redesignating subsection (g) as subsection (i); and
(4) by inserting after subsection (f) the following new
subsections:
``(g) Liability.--A knowing and willful failure to disclose or
update information in accordance with subsections (d)(3) and (f) can
result in one or more of the following:
``(1) Entry of the violation in the database described by
this section.
``(2) Liability pursuant to section 3729 of title 31.
``(3) Suspension or debarment.
``(h) Annual Report on Awardee Beneficial Ownership Reporting and
Compliance.--
``(1) In general.--Not later than October 31 of each year,
the Administrator of General Services, in coordination with the
Secretary of Defense, shall submit to the congressional defense
committees (as defined under section 101(a)(16) of title 10),
the Committee on Oversight and Reform of the House of
Representatives, and the Committee on Oversight and
Governmental Affairs of the Senate a report that assesses the
utility and risks of beneficial ownership disclosures by
persons with Federal agency contracts and grants.
``(2) Content.--The report required under paragraph (1)
shall address and include information about the number of
beneficial ownership disclosures that were made by persons with
Federal agency contracts and grants, gaps in the data caused by
the divergent reporting threshold for government and awardee
entries, the impact on small business concerns (as defined
under section 3 of the Small Business Act (15 U.S.C. 632)),
data on contractors owned by entities outside of the United
States, data on violations of disclosure rules and any
penalties assessed for disclosure non-compliance, and
recommendations for improving the Federal Awardee Performance
and Integrity Information System disclosures by a person with
Federal agency contracts and grants.''.
SEC. 5852. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT ON
CONTRACTORS USING DISTRIBUTORS TO AVOID SCRUTINY.
(a) In General.--The Comptroller General of the United States shall
conduct a study on Federal Government contractors that supply goods to
executive agencies using distributors or other intermediaries.
(b) Contents of the Study.--The study under subsection (a) shall
assess--
(1) advantages and disadvantages of the use of distributors
or other intermediaries by Federal Government contractors to
supply goods to executive agencies; and
(2) whether the use of distributors or other intermediaries
by Federal Government contractors has an effect on the ability
of the Federal Government to acquire needed goods at reasonable
prices.
(c) Report Required.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit a report
containing the results of the study required by this section to the--
(1) Committee on Armed Services and the Committee on
Homeland Security and Government Affairs of the Senate; and
(2) Committee on Armed Services and the Committee on
Oversight and Reform of the House of Representatives.
SEC. 5853. SUPPLEMENT TO FEDERAL EMPLOYEE VIEWPOINT SURVEY.
(a) In General.--Not later than one year after the date of the
enactment of this Act and every 2 years thereafter, the Office of
Personnel and Management shall make available through a secure and
accessible online portal a supplement to the Federal Employee Viewpoint
Survey to assess employee experiences with workplace harassment and
discrimination.
(b) Development of Supplement.--In developing the supplement, the
Director shall--
(1) use best practices from peer-reviewed research
measuring harassment and discrimination; and
(2) consult with the Equal Employment Opportunity
Commission, experts in survey research related to harassment
and discrimination, and organizations engaged in the prevention
of and response to, and advocacy on behalf of victims of
harassment and discrimination regarding the development and
design of such supplement.
(c) Survey Questions.--Survey questions included in the supplement
developed pursuant to this section shall--
(1) be designed to gather information on employee
experiences with harassment and discrimination, including the
experiences of victims of such incidents;
(2) use trauma-informed language to prevent
retraumatization; and
(3) include--
(A) questions that give employees the option to
report their demographic information;
(B) questions designed to determine the incidence
and prevalence of harassment and discrimination;
(C) questions regarding whether employees know
about agency policies and procedures related to
harassment and discrimination;
(D) questions designed to determine if the employee
reported perceived harassment or discrimination, to
whom the incident was reported and what response the
employee may have received;
(E) questions to determine why the employee chose
to report or not report an incident;
(F) questions to determine satisfaction with the
complaints process;
(G) questions to determine the impact of harassment
and discrimination on performance and productivity;
(H) questions to determine the impact of harassment
and discrimination on mental and physical health;
(I) questions to determine the impact and
effectiveness of prevention and awareness programs and
complaints processes;
(J) questions to determine attitudes toward
harassment and discrimination, including the
willingness of individuals to intervene as a bystander;
(K) questions to determine whether employees
believe those who engage in harassment or
discrimination will face disciplinary action;
(L) questions to determine whether employees
perceive prevention and accountability for harassment
and discrimination to be a priority for supervisors and
agency leadership; and
(M) other questions, as determined by the Director.
(d) Responses.--The responses to the survey questions described in
subsection (c) shall--
(1) be submitted confidentially;
(2) in the case of such responses being included in a
report, shall not include personally identifiable information;
and
(3) be disaggregated by agency and, to the extent
practicable, operating division, department, or bureau.
(e) Publication.--The Director shall publish the results of the
supplemental survey in a report on its website.
SEC. 5854. CERTAIN ACTIVITIES RELATING TO INTIMATE VISUAL DEPICTIONS.
(a) In General.--Chapter 88 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1802. Certain activities relating to intimate visual depictions
``(a) Definitions.--In this section:
``(1) Communications service.--The term `communications
service' means--
``(A) a service provided by a person that is a
common carrier, as that term is defined in section 3 of
the Communications Act of 1934 (47 U.S.C. 153), insofar
as the person is acting as a common carrier;
``(B) an electronic communication service, as that
term is defined in section 2510;
``(C) an information service, as that term is
defined in section 3 of the Communications Act of 1934
(47 U.S.C. 153); and
``(D) an interactive computer service, as that term
is defined in section 230(f) of the Communications Act
of 1934 (47 U.S.C. 230(f)).
``(2) Information content provider.--The term `information
content provider' has the meaning given that term in section
230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
``(3) Intimate visual depiction.--The term `intimate visual
depiction' means any visual depiction (as that term is defined
in section 2256(5)) of an individual who is recognizable by an
individual other than the depicted individual from the intimate
image itself or information or text displayed in connection
with the intimate image itself or information or text displayed
in connection with the intimate image who has attained 18 years
of age at the time the intimate visual depiction is created
and--
``(A) who is depicted engaging in sexually explicit
conduct; or
``(B) whose genitals, anus, pubic area, or female
nipple are unclothed and visible.
``(4) Visual depiction of a nude minor.--The term `visual
depiction of a nude minor' means any visual depiction (as that
term is defined in section 2256(5)) of an individual who is
recognizable by an individual other than the depicted
individual from the intimate image itself or information or
text displayed in connection with the intimate image who was
under the age of 18 at the time the visual depiction was
created in which the actual anus, genitals, or pubic area, or
post-pubescent female nipple, of the minor are unclothed,
visible, and displayed in a manner that does not constitute
sexually explicit conduct.
``(4) Sexually explicit conduct.--The term `sexually
explicit conduct' has the meaning given that term in section
2256(2)(A).
``(b) Offense.--
``(1) In general.--Except as provided in subsection (d), it
shall be unlawful to knowingly mail, or to distribute using any
means or facility of interstate or foreign commerce or
affecting interstate or foreign commerce, an intimate visual
depiction of an individual--
``(A) with knowledge of or reckless disregard for
the lack of consent of the individual to the
distribution; and
``(B) where what is depicted was not voluntarily
exposed by the individual in a public or commercial
setting; and
``(C) where what is depicted is not a matter of
public concern.
For purposes of this section, the fact that the subject of the
depiction consented to the creation of the depiction shall not
establish that that person consented to its distribution.
``(2) Exception.--Except as provided in subsection (d), it
shall be unlawful to knowingly mail, or to distribute using any
means or facility of interstate or foreign commerce or
affecting interstate or foreign commerce, a visual depiction of
a nude minor with intent to abuse, humiliate, harass, or
degrade the minor, or to arouse or gratify the sexual desire of
any person.
``(c) Penalty.--
``(1) In general.--Any person who violates subsection (b),
or attempts or conspires to do so, shall be fined under this
title, imprisoned not more than 5 years, or both.
``(2) Forfeiture.--
``(A) The court, in imposing a sentence on any
person convicted of a violation involving intimate
visual depictions or visual depictions of a nude minor
under this subchapter, or convicted of a conspiracy of
a violation involving intimate visual depictions or
visual depictions of a nude minor under this
subchapter, shall order, in addition to any other
sentence imposed and irrespective of any provision of
State law, that such person forfeit to the United
States--
``(i) any material distributed in violation
of this chapter;
``(ii) such person's interest in property,
real or personal, constituting or derived from
any gross proceeds of such violation, or any
property traceable to such property, obtained
or retained directly or indirectly as a result
of such violation; and
``(iii) any property, real or personal,
used or intended to be used to commit or to
facilitate the commission of such offense.
``(B) Section 413 of the Controlled Substances Act
(21 U.S.C. 853), with the exception of subsections (a)
and (d), applies to the criminal forfeiture of property
pursuant to subsection (1).
``(3) Restitution.--Restitution shall be available as
provided in chapter 110A of title 18, United States Code,
section 2264.
``(d) Exceptions.--
``(1) Law enforcement, lawful reporting, and other legal
proceedings.--This section--
``(A) does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of
a law enforcement agency of the United States, a State,
or a political subdivision of a State, or of an
intelligence agency of the United States;
``(B) shall not apply in the case of an individual
acting in good faith to report unlawful activity or in
pursuance of a legal or professional or other lawful
obligation; and
``(C) shall not apply in the case of a document
production or filing associated with a legal
proceeding.
``(2) Service providers.--This section shall not apply to
any provider of a communications service with regard to content
provided by another information content provider unless the
provider of the communications service intentionally solicits,
or knowingly and predominantly distributes, such content.
``(e) Threats.--Any person who threatens to commit an offense under
subsection (b) shall be punished as provided in subsection (c).
``(f) Extraterritoriality.--There is extraterritorial Federal
jurisdiction over an offense under this section if the defendant or the
depicted individual is a citizen or permanent resident of the United
States.
``(g) Civil Forfeiture.--
``(1) The following shall be subject to forfeiture to the
United States in accordance with provisions of chapter 46 and
no property right shall exist in them:
``(A) Any material distributed in violation of this
chapter.
``(B) Any property, real or personal, that was
used, in any manner, to commit or to facilitate the
commission of a violation involving intimate visual
depictions or visual depictions of a nude minor under
this subchapter or a conspiracy of a violation
involving intimate visual depictions or visual
depictions of a nude minor under this subchapter.
``(C) Any property, real or personal, constituting,
or traceable to the gross proceeds obtained or retained
in connection with or as a result of a violation
involving intimate visual depictions or visual
depictions of a nude minor under this subchapter, a
conspiracy of a violation involving intimate visual
depictions or visual depictions of a nude minor under
this subchapter.''.
(b) Clerical Amendment.--The table of sections of chapter 88 of
title 18, United States Code, is amended by inserting after the item
relating to section 1801 the following:
``1802. Certain activities relating to intimate visual depictions.''.
SEC. 5855. WAIVER OF SPECIAL USE PERMIT APPLICATION FEE FOR VETERANS'
SPECIAL EVENTS.
(a) Waiver.--The application fee for any special use permit solely
for a veterans' special event at war memorials on land administered by
the National Park Service in the District of Columbia and its environs
shall be waived.
(b) Definitions.--In this section:
(1) The term ``the District of Columbia and its environs''
has the meaning given that term in section 8902(a) of title 40,
United States Code.
(2) The term ``Gold Star Families'' includes any individual
described in section 3.2 of Department of Defense Instruction
1348.36.
(3) The term ``special events'' has the meaning given that
term in section 7.96 of title 36, Code of Federal Regulations.
(4) The term ``veteran'' has the meaning given that term in
section 101(2) of title 38, United States Code.
(5) The term ``veterans' special event'' means a special
event of which the majority of attendees are veterans or Gold
Star Families.
(6) The term ``war memorial'' means any memorial or
monument which has been erected or dedicated to commemorate a
military unit, military group, war, conflict, victory, or
peace.
(c) Applicability.--This section shall apply to any special use
permit application submitted after the date of the enactment of this
Act.
(d) Applicability of Existing Laws.--Permit applicants remain
subject to all other laws, regulations, and policies regarding the
application, issuance and execution of special use permits for a
veterans' special event at war memorials on land administered by the
National Park Service in the District of Columbia and its environs.
SEC. 5856. 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. 124. 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 amended by adding at
the end the following:
``SEC. 124. 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 towards 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) Federal Advisory Committee Act.--The Puget Sound Federal
Leadership Task Force, State Advisory Committee, and any working group
or committee of the Puget Sound Federal Leadership Task Force, shall
not be considered an advisory committee under the Federal Advisory
Committee Act (5 U.S.C. App.).
``(f) 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.
``(g) 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.
``(h) 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.''.
(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''.
(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.''.
(4) Application to existing appropriations.--Amounts
appropriated for Lake Pontchartrain by title VI of division J
of the Infrastructure Investment and Jobs Act under the heading
``Environmental Protection Agency--Environmental Programs and
Management'' (Public Law 117-58; 135 Stat. 1396) shall be
considered to be appropriated pursuant to section 121 of the
Federal Water Pollution Control Act, as amended by this
subsection, including with respect to the use of such funds for
administrative expenses under subsection (f)(3) of such section
121.
SEC. 5857. LIMITATION ON LICENSES AND OTHER AUTHORIZATIONS FOR EXPORT
OF CERTAIN ITEMS REMOVED FROM THE JURISDICTION OF THE
UNITED STATES MUNITIONS LIST AND MADE SUBJECT TO THE
JURISDICTION OF THE EXPORT ADMINISTRATION REGULATIONS.
(a) In General.--The Secretary of Commerce may not grant a license
or other authorization for the export of covered items unless before
granting the license or other authorization the Secretary submits to
the chairman and ranking member of the Committee on Foreign Affairs of
the House of Representatives and the chairman and ranking member of the
Committee on Foreign Affairs of the Senate a written certification with
respect to such proposed export license or other authorization
containing--
(1) the name of the person applying for the license or
other authorization;
(2) the name of the person who is the proposed recipient of
the export;
(3) the name of the country or international organization
to which the export will be made;
(4) a description of the items proposed to be exported; and
(5) the value of the items proposed to be exported.
(b) Form.--A certification required under subsection (a) shall be
submitted in unclassified form, except that information regarding the
dollar value and number of items proposed to be exported may be
restricted from public disclosure if such disclosure would be
detrimental to the security of the United States.
(c) Deadlines; Waiver.--A certification required under subsection
(a) shall be submitted--
(1) at least 15 calendar days before a proposed export
license or other authorization is granted in the case of a
transfer of items to a country which is a member of the North
Atlantic Treaty Organization or Australia, Japan, the Republic
of Korea, Israel, or New Zealand, and
(2) at least 30 calendar days before a proposed export
license or other authorization is issued in the case of a
transfer of items to any other country.
(d) Congressional Resolution of Disapproval.--A proposed export
license or other authorization described in paragraph (1) of subsection
(c) shall become effective after the end of the 15-day period described
in such paragraph, and a proposed export license or other authorization
described in paragraph (2) of subsection (c) shall become effective
after the end of the 30-day period specified in such paragraph, only if
the Congress does not enact, within the applicable time period, a joint
resolution prohibiting the export of items with respect to the proposed
export license.
(e) Definitions.--In this section:
(1) Covered items.--The term ``covered items'' means items
that--
(A) were included in category I of the United
States Munitions List (as in effect on January 1,
2020);
(B) were removed from the United States Munitions
List and made subject to the jurisdiction of the Export
Administration Regulations through publication in the
Federal Register on January 23, 2020; and
(C) are valued at $1,000,000 or more.
(2) Export administration regulations.--The term ``Export
Administration Regulations'' means the regulations set forth in
subchapter C of chapter VII of title 15, Code of Federal
Regulations, or successor regulations.
(3) United states munitions list.--The term ``United States
Munitions List'' means the list maintained pursuant to part 121
of title 22, Code of Federal Regulations.
SEC. 5858. REVIEW OF STANDARD OCCUPATIONAL CLASSIFICATION SYSTEM.
The Director of the Office of Management and Budget shall, not
later than 30 days after the date of the enactment of this Act,
categorize public safety telecommunicators as a protective service
occupation under the Standard Occupational Classification System.
SEC. 5859. UNITED STATES FIRE ADMINISTRATION ON-SITE INVESTIGATIONS OF
MAJOR FIRES.
The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) is amended by adding at the end the following:
``SEC. 38. INVESTIGATION AUTHORITIES.
``(a) In General.--In the case of any major fire, the Administrator
may send incident investigators, which may include safety specialists,
fire protection engineers, codes and standards experts, researchers,
and fire training specialists, to the site of the fire to conduct an
investigation as described in subsection (b).
``(b) Investigation Required.--A fire investigation conducted under
this section--
``(1) shall be conducted in coordination and cooperation
with appropriate Federal, State, and local authorities,
including Federal agencies that are authorized to investigate a
major fire or an incident of which the major fire is a part;
and
``(2) shall examine the determined cause and origin of the
fire and assess broader systematic matters to include use of
codes and standards, demographics, structural characteristics,
smoke and fire dynamics (movement) during the event, and costs
of associated injuries and deaths.
``(c) Report.--Upon concluding any fire investigation under this
section, the Administrator shall issue a public report to local, State,
and Federal authorities on the findings of such investigation, or
collaborate with another investigating Federal agency on that agency's
report, including recommendations on--
``(1) any other buildings with similar characteristics that
may bear similar fire risks;
``(2) improving tactical response to similar fires;
``(3) improving civilian safety practices;
``(4) assessing the costs and benefits to the community of
adding fire safety features; and
``(5) how to mitigate the causes of such fire.
``(d) Discretionary Authority.--In addition to investigations
conducted pursuant to subsection (a), the Administrator may send fire
investigators to conduct investigations at the site of any fire with
unusual or remarkable context that results in losses less severe than
those occurring as a result of a major fire, in coordination with
appropriate Federal, State, and local authorities, including Federal
agencies that are authorized to investigate a major fire or an incident
of which the major fire is a part.
``(e) Major Fire Defined.--For purposes of this section, the term
`major fire' shall have the meaning given such term under regulations
to be issued by the Administrator.''.
SEC. 5860. MULTILATERAL AGREEMENT TO ESTABLISH AN INDEPENDENT
INTERNATIONAL CENTER FOR RESEARCH ON THE INFORMATION
ENVIRONMENT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall take such action as
may be necessary to seek to initiate negotiations to obtain an
agreement on a multilateral basis with countries that are allies or
partners of the United States, including countries that are members of
the Group of Seven (G7), to establish an independent international
center for research on the information environment (in this section
referred to as the ``research center'').
(b) Consultation.--As part of the negotiations to obtain an
agreement described in subsection (a), the Secretary of State should
consult with--
(1) representatives from providers of prominent online
platforms;
(2) researchers from the fields of information science,
media studies, international data governance, and other similar
fields;
(3) privacy and human and civil rights advocates;
(4) technologists, including individuals with training and
expertise in the state of the art in the fields of information
technology, information security, network security, software
development, computer science, computer engineering, and other
related fields;
(5) representatives from international standards-setting
organizations; and
(6) experts in mechanisms for enabling access to online
platform data which is compliant with data protection
frameworks.
(c) Purposes, Functions, and Related Administrative Provisions of
Research Center.--An agreement obtained under subsection (a) should
include provisions relating to the following:
(1) The purposes and functions of the research center,
including its mandate to ensure the widest possible cooperation
among member countries of the research center to ensure such
purposes are achieved and such functions are carried out,
including to--
(A) enable international collaboration to gain
understanding and measure the impacts of foreign state
and non-state propaganda and disinformation efforts
aimed at undermining or influencing the policies,
security, or stability of the United States and
countries that are allies or partners of the United
States;
(B) enable international collaboration to gain
understanding and measure the impacts of the content
moderation, product design decisions, and algorithms of
online platforms on society, politics, the spread of
hate, harassment, and extremism, security, privacy, and
physical or mental health, including considerations for
youth development;
(C) conduct research projects with a focus on the
global information environment that require information
from or about multiple online platforms and multi-year
time horizons;
(D) conduct research projects that explore the
impact of published media, such as television,
podcasts, radio, and newspapers, on so-ciety, politics,
the spread of hate, harassment, and extremism,
security, privacy, and physical or mental health,
including considerations for youth development;
(E) facilitate secure information sharing between
online platforms and researchers affiliated with the
research center;
(F) disseminate findings to the public; and
(G) offer recommendations to online platforms and
governments regarding ways to ensure a safe and
resilient online information environment.
(2) The governance structure and process for adding and
removing member countries of the research center.
(3) The process by which a researcher can become affiliated
with or join the research center, including provisions to
ensure the researcher is not working on behalf of a business
enterprise.
(4) A proposed budget and contributions to be provided by
member countries of the research center.
(d) Proposal for Secure Information Sharing With Research Center.--
(1) In general.--An agreement obtained under subsection (a)
should include provisions relating to the following:
(A) Best practices regarding what types of
information from an online platform should be made
available, and under what circumstances, to the
research center.
(B) A code of conduct for researchers working with
information made available as described in subparagraph
(A).
(2) Matters to be included.--
(A) Review by research center prior to
publication.--The provisions described in paragraph (1)
should include the circumstances under which the
research center will review a publication based on
information made available to the research center prior
to publication to determine whether the publication
violates the privacy of a user of the online platform
or other information outlet that made available the
information or would reveal trade secrets of the
provider of the online platform or other information
outlet.
(B) User privacy.--The provisions described in
paragraph (1) should--
(i) ensure that the making available of
information to the research center and the
provision of access to the information by the
research center do not infringe upon reasonable
expectations of personal privacy of users of
online platforms or of other individuals; and
(ii) ensure that information is made
available to the research center consistent
with any applicable privacy and data security
laws of member countries.
(C) Code of conduct for researchers.--The code of
conduct included under paragraph (1)(B) in the
provisions described in paragraph (1) should require
researchers described in such paragraph to commit to
the following:
(i) To use information made available to
the research center only for research purposes
specified in the agreement establishing the
research center.
(ii) Not to re-identify, or to attempt to
re-identify, an individual to whom information
made available to the research center relates.
(iii) Not to publish personal information
derived from information made available to the
research center.
(iv) To comply with limits on commercial
use of information made available to the
research center or research conducted using
such information, as specified by the research
center.
(e) Online Platform Defined.--In this section, the term ``online
platform'' means a service provided over the internet that enables two
or more distinct but interdependent sets of users (which may be firms
or individuals) to interact with each other.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of State to carry out this section
$10,000,000 for each of the fiscal years 2023 and 2024.
SEC. 5861. 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 in covered
synthetic drugs by carrying out programs and activities including 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, and regulatory agencies in
foreign countries.
(3) Carrying out the program to provide assistance to build
the capacity of foreign law enforcement agencies with respect
to covered synthetic drugs.
(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
narcotics and other drugs.
(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 Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(c) Program to Provide Assistance to Build the Capacity of Foreign
Law Enforcement Agencies With Respect to Covered Synthetic Drugs.--
(1) 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 build the
capacity of law enforcement agencies of the countries described
in paragraph (3) to help such agencies to identify, track, and
improve their forensics detection capabilities with respect to
covered synthetic drugs.
(2) Priority.--The Secretary of State shall prioritize
assistance under paragraph (1) among those countries described
in paragraph (3) in which such assistance would have the most
impact in reducing illicit use of covered synthetic drugs in
the United States.
(3) Countries described.--The foreign countries described
in this paragraph are--
(A) countries that are producers of covered
synthetic drugs;
(B) countries whose pharmaceutical and chemical
industries are known to be exploited for development or
procurement of precursors of covered synthetic drugs;
or
(C) major drug-transit countries as defined by the
President.
(4) Authorization of additional appropriations.--In
addition to amounts otherwise authorized for the purposes
described in this subsection, there is authorized to be
appropriated to the Secretary $4,000,000 for each of the fiscal
years 2023 through 2027 to carry out this subsection.
(d) Exchange Program for Governmental and Nongovernmental Personnel
to Provide Educational and Professional Development on Demand Reduction
Matters Relating to Illicit Use of Narcotics and Other Drugs.--
(1) 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 narcotics and other drugs.
(2) Program requirements.--The program required by
paragraph (1)--
(A) shall be limited to individuals who have
expertise and experience in matters described in
paragraph (1);
(B) 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 consultation or
coordination with the Bureau of International Narcotics
and Law Enforcement Affairs; and
(C) shall include outbound exchanges for
governmental or nongovernmental personnel in the United
States.
(3) Authorization of additional appropriations.--In
addition to amounts otherwise authorized for the purposes
described in this subsection, there is authorized to be
appropriated to the Secretary $1,000,000 for each of the fiscal
years 2023 through 2027 to carry out this subsection.
(e) Amendments to International Narcotics Control Program.--
(1) International narcotics control strategy report.--
Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291h(a)) is amended--
(A) by redesignating the second paragraph (10)
(relating to an identification of the countries that
are the most significant sources of illicit fentanyl
and fentanyl analogues) as paragraph (11); and
(B) by adding at the end the following:
``(12) Information that contains an assessment of the
countries significantly involved in the manufacture,
production, or transshipment of synthetic opioids, including
fentanyl and fentanyl analogues, including the following:
``(A) The scale of legal domestic production and
any available information on the number of
manufacturers and producers of such opioids in such
countries.
``(B) Information on any law enforcement
assessments of the scale of illegal production,
including a description of the capacity of illegal
laboratories to produce such opioids.
``(C) The types of inputs used and a description of
the primary methods of synthesis employed by illegal
producers of such opioids.
``(D) An assessment of the policies of such
countries to regulate licit manufacture and interdict
illicit manufacture, diversion, distribution, and
shipment of such opioids and an assessment of the
effectiveness of the policies' implementation.
``(13) Information on, to the extent practicable, any
policies of responding to a substance described in section
[__](g)(2) of the National Defense Authorization Act for Fiscal
Year 2023, including the following:
``(A) Which governments have articulated policies
on scheduling of such substances.
``(B) Any data on impacts of such policies and
other responses to such substances.
``(C) An assessment of any policies the United
States could adopt to improve its response to such
substances.''.
(2) Modifications to definitions.--Section 481(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is amended--
(A) in paragraph (2)(D), by inserting ``or a
significant direct source of illicit narcotic or
psychotropic drugs or other controlled substances''
after ``opioids''; and
(B) by amending paragraph (5) to read as follows:
``(5) the term `major drug-transit country' means a country
through which are transported illicit narcotic or psychotropic
drugs or other controlled substances significantly affecting
the United States.''.
(f) Covered Synthetic Drug.--In this section, the term ``covered
synthetic drug'' means--
(1) a synthetic controlled substance (as defined in section
102(6) of the Controlled Substances Act (21 U.S.C. 802(6))),
including fentanyl or a fentanyl analogue; or
(2) 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 signed at New York, New York, on
March 30, 1961, or the Convention on
Psychotropic Substances signed at Vienna,
Austria, on February 21, 1971;
(B) is new or has reemerged on the illicit market;
and
(C) poses a threat to the public health and safety.
SEC. 5862. 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. 5863. PROHIBITION ON CERTAIN ASSISTANCE TO THE PHILIPPINES.
(a) In General.--No funds authorized to be appropriated or
otherwise made available to the Department of State are authorized to
be made available to provide assistance for the Philippine National
Police, including assistance in the form of equipment or training,
until the Secretary of State certifies to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate that the Government of the Philippines has--
(1) investigated and successfully prosecuted members of the
Philippine National Police who have violated human rights,
ensured that police personnel cooperated with judicial
authorities in such cases, and affirmed that such violations
have ceased;
(2) established that the Philippine National Police
effectively protects the rights of trade unionists,
journalists, human rights defenders, critics of the government,
faith and religious leaders, and other civil society activists
to operate without interference;
(3) taken effective steps to guarantee a judicial system
that is capable of investigating, prosecuting, and bringing to
justice members of the police and military who have committed
human rights abuses; and
(4) fully complied with domestic and United States audits
and investigations regarding the improper use of prior security
assistance.
(b) Waiver.--The President may, on a case-by-case basis and for
periods not to exceed 180 days each, waive the prohibition under
subsection (a) if the President certifies to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate not later than 15 days before such waiver is to
take effect that such waiver is vital to the national security
interests of the United States or its partners and allies.
SEC. 5864. GENDER ANALYSIS IN FOREIGN TRAINING PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that the
President should encourage the increased participation of women in
existing programs funded by the United States Government that provide
training to foreign nationals regarding law enforcement, the rule of
law, or professional military education, and should expand and apply
gender analysis to improve program design and implementation.
(b) Gender Analysis of International Training Programs.--The
Department of Defense, in coordination with the Department of State and
other relevant departments, shall conduct a gender analysis of
International Education and Training Programs offered to allied and
partner forces to ensure the programs are equitable and address issues
experienced by all participants.
(c) Gender Analysis Training.--The Department of Defense, in
coordination with the Department of State, shall develop and include
gender analysis training to be included in the International Education
and Training Programs at United States military schools and training
institutions.
(d) Briefing Required.--No later than two years after enactment of
this act, the Secretary of Defense, in coordination with the Secretary
of State, shall brief the appropriate congressional committees on the
Department of Defense and Department of State's actions and progress in
implementing the requirements under subsection (b) and subsection (c).
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(f) Gender Analysis Defined.--In this section, the term ``gender
analysis'' has the meaning given such term in section 3 of the Women's
Entrepreneurship and Economic Empowerment Act (22 U.S.C. 2151-2).
SEC. 5865. REPORT ON COLUMBIAN MILITARY FORCES.
(a) In General.--The Secretary of State shall submit to Congress a
report--
(1) documenting knowledge and intelligence from 1980-2010
regarding--
(A) Colombian military involvement in
assassinations and disappearances, and collaboration in
paramilitary offensives;
(B) military conduct in the false positives
initiative from 2002-2008; and
(C) any gross violations of human rights resulting
from the Colombian military's partnerships with private
companies for security; and
(2) including an overview of the United States--Colombia
military partnership during 1980-2010, specifying periods of
deepened collaboration and coordination; and
(3) a discussion of the specifics regarding increases in
military support, training, logistics, and weapons transfers on
the part of the United States during such time period and the
manner and extent of compliance on the part of Colunbian forces
with the requirements of section 620M of the Foreign Assistance
Act of 1961, section 362 of title 10, United States Code, and
other prohibitions on the provision of security assistance to
units of foreign forces on the basis of gross violations of
human rights.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
SEC. 5866. FEDERAL CONTRACTING FOR PEACE AND SECURITY.
(a) Purpose.--It is the policy of the Federal Government not to
conduct business with companies that undermine United States national
security interests by continuing to operate in the Russian Federation
during its ongoing war of aggression against Ukraine.
(b) Contracting Prohibition.--
(1) Prohibition.--The head of an executive agency may not
enter into, extend, or renew a covered contract with a company
that continues to conduct business operations in territory
internationally recognized as the Russian Federation during the
covered period.
(2) Exceptions.--
(A) Good faith exemption.--The Office of Management
and Budget, in consultation with the General Services
Administration, may exempt a contractor from the
prohibition in paragraph (1) if the contractor has--
(i) pursued and continues to pursue all
reasonable steps in demonstrating a good faith
effort to comply with the requirements of this
Act; and
(ii) provided to the executive agency a
reasonable, written plan to achieve compliance
with such requirements.
(B) Permissible operations.--The prohibition in
paragraph (1) shall not apply to business operations in
Russia authorized by a license issued by the Office of
Foreign Assets Control or the Bureau of Industry and
Security or is otherwise allowed to operate
notwithstanding the imposition of sanctions.
(C) American diplomatic mission in russia.--The
prohibition in paragraph (1) shall not apply to
contracts related to the operation and maintenance of
the United States Government's consular offices and
diplomatic posts in Russia.
(D) Individual contracts.--The prohibition under
paragraph (1) shall not apply to any contract that is
any of the following:
(i) For the benefit, either directly or
through the efforts of regional allies, of the
country of Ukraine.
(ii) For humanitarian purposes to meet
basic human needs.
(3) National security and public interest waivers.--
(A) In general.--The head of an executive agency is
authorized to waive the prohibition under paragraph (1)
with respect to a covered contract if the head of the
agency certifies in writing to the President that such
waiver is for the national security of the United
States or in the public interest of the United States,
and includes in such certification a justification for
the waiver and description of the contract to which the
waiver applies. The authority in this subparagraph may
not be delegated below the level of the senior
procurement executive of the agency.
(B) Congressional notification.--The head of an
executive agency shall, not later than 7 days before
issuing a waiver described in subparagraph (A), submit
to the appropriate congressional committees the
certification described in such subparagraph.
(4) Emergency rulemaking authority.--Not later than 60 days
after the date of the enactment of this Act, the Director of
the Office of Management and Budget, in consultation with the
Administrator of General Services and the Secretary of Defense,
shall promulgate regulations for agency implementation of this
Act using emergency rulemaking procedures while considering
public comment to the greatest extent practicable, that
includes the following:
(A) A list of equipment, facilities, personnel,
products, services, or other items or activities, the
engagement with which would be considered business
operations, subject to the prohibition under paragraph
(1).
(B) A requirement for a contractor or offeror to
represent whether such contractor or offeror uses any
of the items on the list described in subparagraph (A).
(C) A description of the process for determining a
good faith exemption described under paragraph (2).
(5) Definitions.--In this section:
(A) 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.
(B) Business operations.--
(i) In general.--Except as provided in
clauses (ii) and (iii), the term ``business
operations'' means engaging in commerce in any
form, including acquiring, developing, selling,
leasing, or operating equipment, facilities,
personnel, products, services, personal
property, real property, or any other apparatus
of business or commerce.
(ii) Exceptions.--The term ``business
operations'' does not include any of the
following:
(I) Action taken for the benefit of
the country of Ukraine.
(II) Action serving humanitarian
purposes to meet basic human needs,
including through a hospital, school,
or non-profit organization.
(III) The provision of products or
services for compliance with legal,
reporting, or other requirements of the
laws or standards of countries other
than the Russian Federation.
(IV) Journalistic and publishing
activities, news reporting, or the
gathering and dissemination of
information, informational materials,
related services, or transactions
ordinarily incident to journalistic and
publishing activities.
(iii) Exception for suspension or
termination actions.--The term ``business
operations'' does not include action taken to
support the suspension or termination of
business operations (as described in clause
(i)) for the duration of the covered period,
including--
(I) an action to secure or divest
from facilities, property, or
equipment;
(II) the provision of products or
services provided to reduce or
eliminate operations in territory
internationally recognized as the
Russian Federation or to comply with
sanctions relating to the Russian
Federation; and
(III) activities that are incident
to liquidating, dissolving, or winding
down a subsidiary or legal entity in
Russia through which operations had
been conducted.
(C) Covered contract.--The term ``covered
contract'' means a prime contract entered into by an
executive agency with a company conducting business
operations in territory internationally recognized as
the Russian Federation during the covered period.
(D) Covered period.--The term ``covered period''
means the period of time beginning 90 days after the
date of the enactment of this Act and ending on a date
that is determined by the Secretary of State based on
steps taken by the Russian Federation to restore the
safety, sovereignty, and condition of the country of
Ukraine, or 10 years after the date of the enactment of
this Act, whichever is sooner.
(E) Executive agency.--The term ``executive
agency'' has the meaning given the term in section 133
of title 41, United States Code.
SEC. 5867. 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 Management, shall establish a program to
provide financial support for pursuit of programs of education
at institutions of higher education that have been designated
as a Center of Academic Excellence in Cyber Education as
defined in section 2200e of title 10, United States Code, in
covered disciplines.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Department of Defense Cyber and
Digital Service Academy'' (in this section the ``Program'').
(3) 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) Cyber-related arts and sciences.
(B) Cyber-related engineering.
(C) Cyber-related law and policy.
(D) Applied analysts-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.
(b) Program Description and Components.--The Program shall--
(1) provide scholarships through institutions of higher
education described in subsection (a)(1) to students who are
enrolled in programs of education at such institutions leading
to degrees or specialized program certifications in covered
disciplines;
(2) prioritize the placement of scholarship recipients
fulfilling the post-award employment obligation under this
section; and
(3) coordinate with the Cyber Scholarship Program as
authorized in chapter 112 of title 10, United States Code.
(c) Scholarship Amounts.--
(1) Amount of assistance.--Each scholarship under the
Program shall be in such amount as the Secretary determines is
necessary to pay all educational expenses incurred by that
person, including tuition, fees, cost of books, laboratory
expenses, and expenses of room and board, for the pursuit of
the program of education for which the assistance is provided
under the Program. 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 in periods between the academic years
leading to the degree 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 an authority otherwise
available to the Secretary for the recruitment, employment, and
retention of civilian personnel within the Department, including
authority under section 1588f of title 10, United States Code.
(f) Eligibility.--To be eligible to receive a scholarship under
this section, 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;
(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) accept all terms and conditions of a scholarship under
this section and meet such other requirements for a scholarship
as determined 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 described in subsection
(a)(1) 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 in 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 coordination 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 related to the field of
cybersecurity; and
(B) a modernized description of cybersecurity
careers.
(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 cyber disciplines under the grant program
established in section 2200b of title 10, United States Code,
as determined by the Secretary of Defense.
(2) Associates 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 not later than the
Fall semester of 2024.
SEC. 5868. DEMOCRACY DISRUPTION IN THE MIDDLE EAST AND AFRICA.
(a) In General.-- Not later than 180 days after the date of the
enactment of this Act, and every year thereafter for 5 fiscal years,
the Secretary of State, in consultation with the Secretary of Defense
and Director of National Intelligence, shall submit to the appropriate
congressional committees a report describing actions by relevant
foreign governments that act to undermine democracy in the United
States Central Command or United States Africa Command area of
responsibility, including through the disruption of nascent democratic
movements, transnational repression, or bolstering authoritarian
governments in countries other than their own.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) An assessment of whether and the extent to which
relevant governments provide financial or other economic
support, or technical assistance, to authoritarian leaders with
the purpose of supporting--
(A) the short, medium, and long-term viability of
authoritarians as head of states; or
(B) heads of states who have--
(i) conducted a coup d'etat or other
seizure of power in which the military played a
decisive role;
(ii) undermined the independence of the
judiciary;
(iii) facilitated the unconstitutional
removal of a portion or entirety of a
democratically elected government or
legislature; or
(iv) removed term limits or consolidated
executive authority through the unilateral
cancellation or revision of a country's
constitution.
(2) A determination of whether relevant governments either
directly or through third parties, throughout the United States
Central Command or United States Africa Command area of
responsibility--
(A) undermine electoral systems or act to discredit
or overturn the results of democratic elections in
other countries;
(B) assist authoritarian governments in
intimidating or harassing members of civil society or
in limiting the ability of members of civil society to
operate without fear of criminal charges or detention;
or
(C) violate international principles of
nonrefoulment and the rights of asylum seekers.
(3) A list of armed groups, including militias, private
military corporations, mercenaries, or paramilitaries, that
receive monetary, military, or other material support from
relevant foreign governments.
(4) An assessment of whether actors in the list in
paragraph (3) have committed gross violations of international
recognized human rights.
(5) A detailed analysis of relevant foreign governments'
diplomatic support, whether bilaterally or in international
organizations, for military or civilian leaders who meet
criteria in paragraph (1)(B).
(6) An assessment of whether relevant foreign governments
engage in a consistent pattern of acts of transnational
repression and intimidation or harassment directed against
individuals in the United States, including--
(A) funding, either directly or through third
parties, the use of inauthentic social media accounts
which target specific individuals in an attempt to
silence, intimidate, or harass nonviolent critics or
dissenters;
(B) targeted imprisonment of family members on
politically motivated charges; or
(C) any other form of intimidation or harassment.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but the portions of the report described in
section (b) may contain a classified annex, so long as such annex is
provided separately from the unclassified report.
(d) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs, 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 Armed Services, and the Select Committee
on Intelligence of the Senate; and
(2) the term ``relevant foreign government'' means the
government of a country in the United States Central Command or
United States Africa Command area of responsibility that--
(A) received United States security assistance,
including under authorities of title 10, United States
Code, during the previous 10 fiscal years; or
(B) hosts United States military personnel other
than those permanently assigned to a United States
Embassy in their respective countries.
SEC. 5869. 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 U.S. 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 U.S. 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;
(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 under 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 of the Senate and
the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committees on Armed Services of the Senate and of
the House of Representatives; and
(3) the Committees on Appropriations of the Senate and of
the House of Representatives.
SEC. 5870. MEMORIAL FOR THOSE WHO LOST THEIR LIVES IN THE ATTACK ON
HAMID KARZAI INTERNATIONAL AIRPORT ON AUGUST 26, 2021.
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. 5871. REPORTS ON SUBSTANCE ABUSE IN THE ARMED FORCES.
(a) Inspector General of the Department of Defense.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
the Army, the Secretary of the Navy, the Secretary of the Air Force,
and the Commandant of the Marine Corp shall each submit to the
Committees on Armed Services of the Senate and of the House of
Representatives a report on substance abuse disorder treatment concerns
related to service members and their dependents.
(b) Comptroller General of the United States.--Not later than 180
days after the date of the enactment of this Act, the Secretary of the
Army, the Secretary of the Navy, the Secretary of the Air Force, and
the Commandant of the Marine Corp shall submit to Congress a report
regarding the use of substance abuse disorder treatment programs
located at or around each installation. The report shall detail the
number of service members and dependents that are referred to treatment
programs, either residential or outpatient, and either internal or
contracted, the absence of treatment capabilities within an
installation or grouping of military installations, and the costs
associated with sending service members or their dependents away from
the immediate area for substance use disorder treatment. The report
shall also set forth how the individual branches of the Armed Forces
are incorporating substance abuse disorder treatment into mental health
services both internal and contracted.
SEC. 5872. GAO REPORT ON CIVILIAN SUPPORT POSITIONS AT REMOTE MILITARY
INSTALLATIONS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General shall assess and submit a report
to the Secretary of Defense on the following:
(1) The average number of vacancies for civilian support
services positions at remote or isolated military installations
in comparison to vacancies for such positions at other military
installations. In carrying out this paragraph, the Comptroller
General shall account for the differences in military
population size.
(2) The average number of days required to fill such a
vacancy at a remote and isolated military installation in
comparison to filling a vacancy of a position with the same
duties (to the greatest extent practicable) at such other
installations.
(3) Any recommendations on additional hiring incentives for
civilian support services positions described in subsection
(b)(1)(A) at a remote or isolated installations, and any
recommendations on ways to ensure that such positions described
in subsection (b)(1)(B) are able to effectively staff positions
in order to meet the mission of their applicable military
installation.
(b) Definitions.--In this section--
(1) the term ``civilian support services positions''
means--
(A) any position within the civil service (as that
term is defined in section 2101 of title 5, United
States Code), including any nonappropriated fund (NAF)
position; and
(B) any Federal contractor (or subcontractor at any
tier); and
(2) the term ``military installation'' has the meaning
given that term in section 2801 of title 10, United States
Code.
SEC. 5873. GAO STUDY ON FOREIGN SERVICE INSTITUTE'S SCHOOL OF LANGUAGE
STUDIES.
(a) In General.--The Comptroller General of the United States shall
conduct a study on whether the Foreign Service Institute's School of
Language Studies curriculum and instruction effectively prepares United
States Government employees to advance United States diplomatic and
national security priorities abroad.
(b) Matters to Be Included.--The report required by subsection (a)
shall include--
(1) an analysis of the teaching methods used at the Foreign
Service Institute's School of Language Studies;
(2) a comparative analysis on the benefits of language
proficiency compared to practical job oriented language
learning;
(3) an analysis of whether the testing regiment at the
School of Language Studies is an effective measure of ability
to communicate and carry out an employee's duties abroad; and
(4) an analysis of qualifications for training specialists
and language and culture instructors at the School of Language
Studies.
SEC. 5874. REPORT ON WAIVERS UNDER SECTION 907 OF THE FREEDOM FOR
RUSSIA AND EMERGING EURASIAN DEMOCRACIES AND OPEN MARKETS
SUPPORT ACT OF 1992.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Secretary of Defense, shall submit a report to the appropriate
congressional committees on United States security assistance provided
to the Government of Azerbaijan pursuant to a waiver under section 907
of the FREEDOM Support Act (22 U.S.C. 5812 note).
(b) Elements.--The report under subsection (a) shall address the
following:
(1) Documentation of the Department of State's
consideration of all section 907 waiver requirements during the
5-year period ending on the date of the enactment of this Act.
(2) Further program-level detail and end-use monitoring
reports of security assistance provided to the Government of
Azerbaijan under a section 907 waiver during such 5-year
period.
(3) The impact of United States security assistance
provided to Azerbaijan on the negotiation of a peaceful
settlement between Armenia and Azerbaijan over all disputed
regions during such 5-year period.
(4) The impact of United States security assistance
provided to Azerbaijan on the military balance between
Azerbaijan and Armenia during such 5-year period.
(5) An assessment of Azerbaijan's use of offensive force
against Armenia or violations of Armenian sovereign territory
from November 11, 2020, to the date of the enactment of this
Act.
(c) Briefing.--The Secretary of State, in coordination with the
Secretary of Defense, shall brief the appropriate congressional
committees not later than 180 days after the date of the enactment of
this Act on the contents of the report required under subsection (a).
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 5875. AMENDMENTS TO THE UKRAINE FREEDOM SUPPORT ACT OF 2014.
The Ukraine Freedom Support Act of 2014 (22 U.S.C. 8921 et seq.) is
amended--
(1) by redesignating section 11 as section 13; and
(2) by inserting after section 10 the following new
sections:
``SEC. 11. WORKING GROUP ON SEMICONDUCTOR SUPPLY DISRUPTIONS.
``(a) In General.--Not later than 30 days after the date of the
enactment of this section, the President shall establish an interagency
working group to address semiconductor supply chain issues caused by
Russia's illegal and unprovoked attack on Ukraine.
``(b) Membership.--The interagency working group established
pursuant to subsection (a) shall be comprised of the head, or designee
of the head, of each of the following:
``(1) The Department of State.
``(2) The Department of Defense.
``(3) The Department of Commerce.
``(4) The Department of the Treasury.
``(5) The Office of the United States Trade Representative.
``(6) The Department of Interior.
``(7) The Department of Energy.
``(8) The Department of Homeland Security.
``(9) The Department of Labor.
``(10) Any other Federal department or agency the President
determines appropriate.
``(c) Chair.--The Secretary of State shall serve as the chair of
the working group established pursuant to subsection (a).
``SEC. 12. REPORTS ON SEMICONDUCTOR SUPPLY CHAIN DISRUPTIONS.
``(a) Report on Impact of Russia's Invasion of Ukraine.--Not later
than 60 days after the date of the enactment of this section, the
Secretary of State shall submit to the committees listed in subsection
(b) a report of the interagency working group that--
``(1) reviews and analyzes--
``(A) the impact of Russia's unprovoked attack on
Ukraine on the supply of palladium, neon gas, helium,
and hexafluorobutadiene (C4F6); and
``(B) the impact, if any, on supply chains and the
global economy;
``(2) recounts diplomatic efforts by the United States to
work with other countries that mine, synthesize, or purify
palladium, neon gas, helium, or hexafluorobutadiene (C4F6);
``(3) quantifies the actions resulting from these efforts
to diversify sources of supply of these items;
``(4) sets forth steps the United States has taken to
bolster its production or secure supply of palladium or other
compounds and elements listed in paragraph (1)(A);
``(5) lists any other important elements, compounds, or
products in the semiconductor supply chain that have been
affected by Russia's illegal attack on Ukraine; and
``(6) recommends any potential legislative steps that could
be taken by Congress to further bolster the supply of elements,
compounds, or products for the semiconductor supply chain that
have been curtailed as a result of Russia's actions.
``(b) Committees Listed.--The committees listed in this subsection
are--
``(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Energy and Commerce of the
House of Representatives; and
``(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Commerce, Science, and
Transportation of the Senate.
``(c) Annual Report on Potential Future Shocks to Semiconductor
Supply Chains.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, and annually thereafter for 5
years, 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 of the
interagency working group that--
``(A) outlines and plans for the most likely future
geopolitical developments that could severely disrupt
global semiconductor supply chains in ways that could
harm the national security or economic interests of the
United States;
``(B) forecasts the various potential impacts on
the global supply chain for semiconductors, and
products that use semiconductors, from the developments
outlined pursuant to subparagraph (A), as well as the
following contingencies--
``(i) an invasion of Taiwan or geopolitical
instability or conflict in East Asia;
``(ii) a broader war or geopolitical
instability in Europe;
``(iii) strategic competitors dominating
parts of the supply chain and leveraging that
dominance coercively;
``(iv) a future international health
crisis; and
``(v) natural disasters or shortages of
natural resources and raw materials;
``(C) describes the kind of continency plans that
would be needed for the safe evacuation of individuals
with deep scientific and technical knowledge of
semiconductors and their supply chain from areas under
risk from conflict or natural disaster; and
``(D) evaluates the current technical and supply
chain work force expertise within the Federal
government to carry out these assessments.''.
SEC. 5876. GAO STUDY ON END USE MONITORING.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall submit the
congressional defense committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign Relations of
the Senate a review of the implementation by the Department of Defense
and the Department of State of end-use monitoring, including--
(1) how well end-use monitoring deters misuse or
unauthorized use of equipment;
(2) how the Departments identify persistent geographic
areas of concern for closer monitoring; and
(3) how the Departments identify trends, learn from those
trends, and implement best practices.
SEC. 5877. SENSE OF CONGRESS REGARDING THE LIFE AND LEGACY OF SENATOR
JOSEPH MAXWELL CLELAND.
(a) Findings.--Congress finds the following:
(1) Joseph Maxwell Cleland was born August 24, 1942, in
Atlanta, Georgia, the child of Juanita Kesler Cleland and
Joseph Hughie Cleland, a World War II veteran, and grew up in
Lithonia, Georgia.
(2) Joseph Maxwell Cleland graduated from Stetson
University in Florida in 1964, and received his Master's Degree
in history from Emory University in Atlanta, Georgia.
(3) Following his graduation from Stetson University,
Joseph Maxwell Cleland received a Second Lieutenant's
Commission in the Army through its Reserve Officers' Training
Corps program.
(4) Joseph Maxwell Cleland volunteered for duty in the
Vietnam War in 1967, serving with the 1st Cavalry Division.
(5) On April 8, 1968, during combat at the mountain base at
Khe Sanh, Joseph Maxwell Cleland was gravely injured by the
blast of a grenade, eventually losing both his legs and right
arm.
(6) Joseph Maxwell Cleland was awarded the Bronze Star for
meritorious service and the Silver Star for gallantry in
action.
(7) In 1970, Joseph Maxwell Cleland was elected to the
Georgia Senate as the youngest member and the only Vietnam
veteran, where he served until 1975.
(8) As a Georgia State Senator, Joseph Maxwell Cleland
authored and advanced legislation to ensure access to public
facilities in Georgia for elderly and handicapped individuals.
(9) In 1976, Joseph Maxwell Cleland began serving as a
staffer on the Committee on Veterans Affairs of the Senate.
(10) In 1977, Joseph Maxwell Cleland was appointed by
President Jimmy Carter to lead the Veterans Administration.
(11) He was the youngest Administrator of the Veterans
Administration ever and the first Vietnam veteran to head the
agency.
(12) He served as a champion for veterans and led the
Veterans Administration to recognize, and begin to treat, post-
traumatic stress disorder in veterans suffering the invisible
wounds of war.
(13) Joseph Maxwell Cleland was elected in 1982 as
Georgia's Secretary of State, the youngest individual to hold
the office, and served in that position for 14 years.
(14) in 1996, Joseph Maxwell Cleland was elected to the
United States Senate representing Georgia.
(15) As a member of the Committee on Armed Services, Joseph
Maxwell Cleland advocated for Georgia's military bases,
servicemembers, and veterans, including by championing key
personnel issues, playing a critical role in the effort to
allow servicemembers to pass their GI Bill education benefits
to their children, and establishing a new veterans cemetery in
Canton, Georgia.
(16) In 2002, Joseph Maxwell Cleland was appointed to the
9/11 Commission.
(17) In 2003, Joseph Maxwell Cleland was appointed by
President George W. Bush to the Board of Directors for the
Export-Import Bank of the United States, where he served until
2007.
(18) In 2009, Joseph Maxwell Cleland was appointed by
President Barack Obama as Secretary of the American Battle
Monuments Commission overseeing United States military
cemeteries and monuments overseas, where he served until 2017.
(19) Joseph Maxwell Cleland authored 3 books: Strong at the
Broken Places, Going for the Max: 12 Principles for Living Life
to the Fullest, and Heart of a Patriot.
(20) Joseph Maxwell Cleland received numerous honors and
awards over the course of his long and distinguished career.
(21) Joseph Maxwell Cleland was a patriot, veteran, and
lifelong civil servant who proudly served Georgia, the United
States, and all veterans and servicemembers of the United
States.
(22) On November 9, 2021, at the age of 79, Joseph Maxwell
Cleland died, leaving behind a legacy of service, sacrifice,
and joy.
(b) Death of the Honorable Joseph Maxwell Cleland.--Congress has
heard with profound sorrow of the death of the Honorable Joseph Maxwell
Cleland, who served--
(1) with courage and sacrifice in combat in the Vietnam
War;
(2) with unwavering dedication to Georgia as a State
Senator, Secretary of State, and Senator; and
(3) with honorable service to the United States and
veterans of the United States through his lifetime of public
service and tenure as Administrator of the Veterans
Administration.
SEC. 5878. REPEAL OF 1991 AUTHORIZATION FOR USE OF MILITARY FORCE
AGAINST IRAQ RESOLUTION.
The Authorization for Use of Military Force Against Iraq Resolution
(Public Law 102-1; 50 U.S.C. 1541 note) is repealed.
SEC. 5879. 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. 5880. SUPPORT FOR AFGHANS APPLYING FOR STUDENT VISAS.
(a) Exception With Respect to Residence.--To be eligible as a
nonimmigrant described in section 101(a)(15)(F) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)), a national of Afghanistan or
a person with no nationality who last habitually resided in Afghanistan
shall meet all requirements for such nonimmigrant status except they
shall not need to demonstrate residence in Afghanistan or an intention
not to abandon such residence.
(b) Applicability.--
(1) In general.--The exception under subsection (a) shall
apply beginning on the date of the enactment of this Act and
ending on the date that is two years after the date of the
enactment of this Act.
(2) Extension.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall periodically
review the country conditions in Afghanistan and may renew the
exception under subsection (a) in 18 month increments based on
such conditions.
SEC. 5881. IMMIGRATION AGE-OUT PROTECTIONS.
(a) Age-out Protections for Immigrants.--
(1) In general.--Section 101(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)) is amended by adding at the
end the following:
``(6) A determination of whether an alien is a child shall
be made as follows:
``(A) For purposes of a petition under section 204
and a subsequent application for an immigrant visa or
adjustment of status, such determination shall be made
using the age of the alien on the date that is the
priority date for the principal beneficiary and all
derivative beneficiaries under section 203(h).
``(B) For purposes of a petition under section
214(d) and a subsequent application for adjustment of
status under section 245(d), such determination shall
be made using the age of the alien on the date on which
the petition is filed with the Secretary of Homeland
Security.
``(C) In the case of a petition under section 204
filed for an alien's classification as a married son or
daughter of a United States citizen under section
203(a)(3), if the petition is later converted, due to
the legal termination of the alien's marriage, to a
petition to classify the alien as an immediate relative
under section 201(b)(2)(A)(i) or as an unmarried son or
daughter of a United States citizen under section
203(a)(1), the determination of the alien's age shall
be made using the age of the alien on the date of the
termination of the marriage.
``(D) For an alien who was in status as a dependent
child of a nonimmigrant pursuant to an approved
employment-based petition under section 214 or an
approved application under section 101(a)(15)(E) for an
aggregate period of eight years prior to the age of 21,
notwithstanding subparagraphs (A) through (C), the
alien's age shall be based on the date that such
initial nonimmigrant employment-based petition or
application was filed.
``(E) For an alien who has not sought to acquire
status of an alien lawfully admitted for permanent
residence within two years of an immigrant visa number
becoming available to such alien, the alien's age shall
be their biological age unless the failure to seek to
acquire status was due to extraordinary circumstances.
``(7) An alien who has reached 21 years of age and has been
admitted under section 203(d) as a lawful permanent resident on
a conditional basis as the child of an alien lawfully admitted
for permanent residence under section 203(b)(5), whose lawful
permanent resident status on a conditional basis is terminated
under section 216A or section 203(b)(5)(M), shall continue to
be considered a child of the principal alien for the purpose of
a subsequent immigrant petition by such alien under section
203(b)(5) if the alien remains unmarried and the subsequent
petition is filed by the principal alien not later than 1 year
after the termination of conditional lawful permanent resident
status. No alien shall be considered a child under this
paragraph with respect to more than 1 petition filed after the
alien reaches 21 years of age.''.
(2) Technical and conforming amendment.--Section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151) is amended by
striking subsection (f).
(3) Effective date.--
(A) In general.--The amendments made by this
section shall be effective as if included in the Child
Status Protection Act (Public Law 107-208).
(B) Motion to reopen or reconsider.--
(i) In general.--A motion to reopen or
reconsider the denial of a petition or
application described in paragraph (6) of
section 101(b), as amended in paragraph (1),
may be granted if--
(I) such petition or application
would have been approved if the
amendments described in such paragraph
had been in effect at the time of
adjudication of the petition or
application;
(II) the individual seeking relief
pursuant to such motion was in the
United States at the time the
underlying petition or application was
filed; and
(III) such motion is filed with the
Secretary of Homeland Security or the
Attorney General not later than the
date that is 2 years after the date of
the enactment of this Act.
(ii) Numerical limitations.--
Notwithstanding any other provision of law, an
individual granted relief pursuant to such
motion to reopen or reconsider shall be exempt
from numerical limitations in sections 201,
202, and 203 of the Immigration and Nationality
Act (8 U.S.C. 1151, 1152, and 1153).
(b) Age Out Protections for Nonimmigrant Dependent Children.--
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is
amended by adding at the end the following:
``(s)(1) Except as described in paragraph (2), the determination of
whether an alien who is the derivative beneficiary of a properly filed
pending or approved immigrant petition under section 204 is eligible to
be a dependent child of a nonimmigrant admitted pursuant to an approved
employer petition under this section or approved application under
section 101(a)(15)(E), shall be based on whether the alien is
determined to be a child under section 101(b)(6) of the Immigration and
Nationality Act.
``(2) If otherwise eligible, an alien who is determined to be a
child pursuant to section 101(b)(6)(D) may change status to or extend
status as a dependent child of a nonimmigrant with an approved
employment based petition under this section or an approved application
under section 101(a)(15)(E), notwithstanding such alien's marital
status.
``(3) An alien who is admitted to the United States as a dependent
child of a nonimmigrant who is described in this section is authorized
to engage in employment in the United States incident to status.''.
(c) Priority Date Retention.--Section 203(h) of the Immigration and
Nationality Act (8 U.S.C. 1153(h)) is amended to read as follows:
``(h) Retention of Priority Dates.--
``(1) Priority date.--The priority date for an alien shall
be the date that is the earliest of--
``(A) the date that a petition under section 204 is
filed with the Secretary of Homeland Security (or the
Secretary of State, if applicable); or
``(B) the date on which a labor certification is
filed with the Secretary of Labor.
``(2) Retention.--The principal beneficiary and all
derivative beneficiaries shall retain the priority date
associated with the earliest of any approved petition or labor
certification and such priority date shall be applicable to any
subsequently approved petition.''.
SEC. 5882. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$7,500,000,000'' and inserting
``$7,279,000,000''.
SEC. 5883. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES AND
STANDARDS AND WATER QUALITY CRITERIA FOR PFAS.
(a) Deadlines.--
(1) Water quality criteria.--Not later than the date that
is 3 years after the date of enactment of this Act, the
Administrator shall publish in the Federal Register human
health water quality criteria under section 304(a)(1) of the
Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)) to
address each measurable perfluoroalkyl substance,
polyfluoroalkyl substance, and class of those substances.
(2) Effluent limitations guidelines and standards for
priority industry categories.--Not later than the following
dates, the Administrator shall publish in the Federal Register
a final rule establishing effluent limitations guidelines and
standards, in accordance with the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), for each of the following
industry categories for the discharge (including a discharge
into a publicly owned treatment works) of each measurable
perfluoroalkyl substance, polyfluoroalkyl substance, or class
of those substances:
(A) During calendar year 2024.--Not later than June
30, 2024, for the following point source categories:
(i) Organic chemicals, plastics, and
synthetic fibers, as identified in part 414 of
title 40, Code of Federal Regulations (or
successor regulations).
(ii) Electroplating, as identified in part
413 of title 40, Code of Federal Regulations
(or successor regulations).
(iii) Metal finishing, as identified in
part 433 of title 40, Code of Federal
Regulations (or successor regulations).
(B) During calendar year 2025.--Not later than June
30, 2025, for the following point source categories:
(i) Textile mills, as identified in part
410 of title 40, Code of Federal Regulations
(or successor regulations).
(ii) Electrical and electronic components,
as identified in part 469 of title 40, Code of
Federal Regulations (or successor regulations).
(iii) Landfills, as identified in part 445
of title 40, Code of Federal Regulations (or
successor regulations).
(C) During calendar year 2026.--Not later than
December 31, 2026, for the following point source
categories:
(i) Leather tanning and finishing, as
identified in part 425 of title 40, Code of
Federal Regulations (or successor regulations).
(ii) Paint formulating, as identified in
part 446 of title 40, Code of Federal
Regulations (or successor regulations).
(iii) Plastics molding and forming, as
identified in part 463 of title 40, Code of
Federal Regulations (or successor regulations).
(b) Additional Monitoring Requirements.--
(1) In general.--Effective beginning on the date of
enactment of this Act, the Administrator shall require
monitoring of the discharges (including discharges into a
publicly owned treatment works) of each measurable
perfluoroalkyl substance, polyfluoroalkyl substance, and class
of those substances for the point source categories and
entities described in paragraph (2). The monitoring
requirements under this paragraph shall be included in any
permits issued under section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) after the date of enactment of
this Act.
(2) Categories described.--The point source categories and
entities referred to in paragraphs (1) and (3) are each of the
following:
(A) Pulp, paper, and paperboard, as identified in
part 430 of title 40, Code of Federal Regulations (or
successor regulations).
(B) Airports (as defined in section 47102 of title
49, United States Code).
(3) Determination.--
(A) In general.--Not later than December 31, 2023,
the Administrator shall make a determination--
(i) to commence developing effluent
limitations and standards for the point source
categories and entities listed in paragraph
(2); or
(ii) that effluent limitations and
standards are not feasible for those point
source categories and entities, including an
explanation of the reasoning for this
determination.
(B) Requirement.--Any effluent limitations and
standards for the point source categories and entities
listed in paragraph (2) shall be published in the
Federal Register by not later than December 31, 2027.
(c) Notification.--The Administrator 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 each
publication made under this section.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $12,000,000
for fiscal year 2023, to remain available until expended.
(e) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``effluent limitation'' has the meaning given
the term in section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362).
(3) The term ``measurable'', with respect to a chemical
substance or class of chemical substances, means capable of
being measured using test procedures established under section
304(h) of the Federal Water Pollution Control Act (33 U.S.C.
1314(h)).
(4) The term ``perfluoroalkyl substance'' means a chemical
of which all of the carbon atoms are fully fluorinated carbon
atoms.
(5) The term ``polyfluoroalkyl substance'' means a chemical
containing at least 1 fully fluorinated carbon atom and at
least 1 carbon atom that is not a fully fluorinated carbon
atom.
(6) The term ``treatment works'' has the meaning given the
term in section 212 of the Federal Water Pollution Control Act
(33 U.S.C. 1292).
SEC. 5884. AMENDMENTS TO THE MAINE INDIAN CLAIMS SETTLEMENT ACT OF
1980.
(a) Application of State Laws.--The Maine Indian Claims Settlement
Act of 1980 (Public Law 96-420) is amended--
(1) in section 3--
(A) in subsection (m), by striking ``and'' at the
end;
(B) in subsection (n), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(o) `Mi'kmaq Nation' means the sole successor to the Micmac
Nation as constituted in aboriginal times in what is now the State of
Maine, and all its predecessors and successors in interest, and which
is represented, as of the date of enactment of this subsection, as to
lands within the United States, by the Mi'kmaq Council.''; and
(2) in section 6--
(A) in subsection (a), by striking ``provided in
section 8(e) and section 5(d)(4)'' and inserting
``otherwise provided in this Act''; and
(B) in subsection (h)--
(i) by striking ``Except as other wise
provided in this Act, the'' and inserting
``The'';
(ii) in the first sentence, by inserting
``or enacted for the benefit of'' before
``Indians, Indian nations'';
(iii) by inserting ``that is in effect as
of the date of the enactment of the Advancing
Equality for Wabanaki Nations Act, (2)'' after
``United States (1)'';
(iv) by striking ``also (2)'' and inserting
``also (3)''; and
(v) by striking ``within the State'' and
inserting ``within the State, unless Federal
law or the State laws of Maine provide for the
application of such Federal law or
regulation''.
(b) Implementation of the Indian Child Welfare Act.--Section 8 of
the Maine Indian Claims Settlement Act of 1980 (Public Law 96-420) is
amended--
(1) in subsection (a)--
(A) by striking ``or'' after ``Passamaquoddy
Tribe'' and inserting a comma;
(B) by inserting ``, the Houlton Band of Maliseet
Indians, or the Mi'kmaq Nation'' after ``Penobscot
Nation''; and
(C) in the second sentence, by striking
``respective tribe or nation'' each place it appears
and inserting ``respective tribe, nation, or band'';
(2) in subsection (b)--
(A) by striking ``or'' after ``Passamaquoddy
Tribe'' and inserting a comma; and
(B) by inserting ``, the Houlton Band of Maliseet
Indians, or the Mi'kmaq Nation'' after ``Penobscot
Nation'';
(3) by striking subsection (e);
(4) by redesignating subsection (f) as subsection (e); and
(5) in subsection (e), as so redesignated--
(A) by striking ``or'' after ``Passamaquoddy
Tribe'' and inserting a comma;
(B) by inserting ``, the Houlton Band of Maliseet
Indians, or the Mi'kmaq Nation'' after ``Penobscot
Nation''; and
(C) by striking ``or nation'' and inserting ``,
nation, or band''.
(c) Construction.--Section 16 of the Maine Indian Claims Settlement
Act of 1980 (Public Law 96-420) is amended--
(1) by striking ``(a)'' at the beginning; and
(2) by striking subsection (b).
(d) Aroostook Band of Micmacs Settlement Act.--Section 8 of the
Aroostook Band of Micmacs Settlement Act (Public Law 102-171) is
repealed.
SEC. 5885. SENSE OF CONGRESS THAT THE DEPARTMENT OF VETERANS AFFAIRS
SHOULD BE PROHIBITED FROM DENYING HOME LOANS FOR VETERANS
WHO LEGALLY WORK IN THE MARIJUANA INDUSTRY.
It is the sense of Congress that--
(1) veterans who have served our country honorably should
not be denied access to Department of Veterans Affairs home
loans on the basis of income derived from State-legalized
cannabis activities;
(2) while the Department of Veterans Affairs has clarified
that no statute or regulation specifically prohibits a veteran
whose income is derived from State-legalized cannabis
activities from obtaining a certificate of eligibility for
Department of Veterans Affairs home loan benefits, many
veterans continue to be denied access to home loans on the
basis of income derived from State-legalized cannabis
activities; and
(3) the Department of Veterans Affairs should improve
communication with eligible lending institutions to reduce
confusion among lenders and borrowers on this matter.
SEC. 5886. HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE.
(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) on April 6, 2022, the Forest Service initiated
the Las Dispensas-Gallinas prescribed burn on Federal
land in the Santa Fe National Forest in San Miguel
County, New Mexico, when erratic winds were prevalent
in the area that was also suffering from severe drought
after many years of insufficient precipitation;
(B) on April 6, 2022, the prescribed burn, which
became known as the ``Hermit's Peak Fire'', exceeded
the containment capabilities of the Forest Service, was
declared a wildfire, and spread to other Federal and
non-Federal land;
(C) on April 19, 2022, the Calf Canyon Fire, also
in San Miguel County, New Mexico, began burning on
Federal land and was later identified as the result of
a pile burn in January 2022 that remained dormant under
the surface before reemerging;
(D) on April 27, 2022, the Hermit's Peak Fire and
the Calf Canyon Fire merged, and both fires were
reported as the Hermit's Peak Fire or the Hermit's
Peak/Calf Canyon Fire, (referred hereafter in this
subsection as the ``Hermit's Peak/Calf Canyon Fire'');
(E) by May 2, 2022, the fire had grown in size and
caused evacuations in multiple villages and communities
in San Miguel County and Mora County, including in the
San Miguel county jail, the State's psychiatric
hospital, the United World College, and New Mexico
Highlands University;
(F) on May 4, 2022, the President issued a major
disaster declaration for the counties of Colfax, Mora,
and San Miguel, New Mexico;
(G) on May 20, 2022, U.S. Forest Service Chief
Randy Moore ordered a 90-day review of prescribed burn
policies to reduce the risk of wildfires and ensure the
safety of the communities involved;
(H) the U.S. Forest Service has assumed
responsibility for the Hermit's Peak/Calf Canyon Fire;
(I) the fire resulted in the loss of Federal,
State, local, Tribal, and private property; and
(J) the United States should compensate the victims
of the Hermit's Peak/Calf Canyon Fire.
(2) Purposes.--The purposes of this section are--
(A) to compensate victims of the Hermit's Peak/Calf
Canyon Fire, for injuries resulting from the fire; and
(B) to provide for the expeditious consideration
and settlement of claims for those injuries.
(b) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means--
(A) the Administrator of the Federal Emergency
Management Agency; or
(B) if a Manager is appointed under subsection
(c)(1)(C), the Manager.
(2) Hermit's peak/calf canyon fire.--The term ``Hermit's
Peak/Calf Canyon Fire'' means--
(A) the fire resulting from the initiation by the
Forest Service of a prescribed burn in the Santa Fe
National Forest in San Miguel County, New Mexico, on
April 6, 2022;
(B) the pile burn holdover resulting from the
prescribed burn by the Forest Service, which reemerged
on April 19, 2022; and
(C) the merger of the two fires described in
subparagraphs (A) and (B), reported as the Hermit's
Peak Fire or the Hermit's Peak Fire/Calf Canyon Fire.
(3) Indian tribe.--The term ``Indian Tribe'' 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).
(4) Injured person.--The term ``injured person'' means--
(A) an individual, regardless of the citizenship or
alien status of the individual; or
(B) an Indian Tribe, corporation, Tribal
corporation, partnership, company, association, county,
township, city, State, school district, or other non-
Federal entity (including a legal representative) that
suffered injury resulting from the Hermit's Peak/Calf
Canyon Fire.
(5) Injury.--The term ``injury'' has the same meaning as
the term ``injury or loss of property, or personal injury or
death'' as used in section 1346(b)(1) of title 28, United
States Code.
(6) Manager.--The term ``Manager'' means an Independent
Claims Manager appointed under subsection (c)(1)(C).
(7) Office.--The term ``Office'' means the Office of
Hermit's Peak/Calf Canyon Fire Claims established by subsection
(c)(1)(B).
(8) Tribal entity.--The term ``Tribal entity'' includes any
Indian Tribe, tribal organization, Indian-controlled
organization serving Indians, Native Hawaiian organization, or
Alaska Native entity, as such terms are defined or used in
section 166 of the Workforce Innovation and Opportunity Act (25
U.S.C. 5304).
(c) Compensation for Victims of Hermit's Peak/Calf Canyon Fire.--
(1) In general.--
(A) Compensation.--Each injured person shall be
entitled to receive from the United States compensation
for injury suffered by the injured person as a result
of the Hermit's Peak/Calf Canyon Fire.
(B) Office of hermit's peak/calf canyon fire
claims.--
(i) In general.--There is established
within the Federal Emergency Management Agency
an Office of Hermit's Peak/Calf Canyon Fire
Claims.
(ii) Purpose.--The Office shall receive,
process, and pay claims in accordance with this
section.
(iii) Funding.--The Office--
(I) shall be funded from funds made
available to the Administrator under
this section;
(II) may appoint and fix the
compensation of such temporary
personnel as may be necessary, without
regard to the provisions of title 5,
United States Code, governing
appointments in competitive service;
and
(III) may reimburse other Federal
agencies for claims processing support
and assistance.
(C) Option to appoint independent claims manager.--
The Administrator may appoint an Independent Claims
Manager to--
(i) head the Office; and
(ii) assume the duties of the Administrator
under this section.
(2) Submission of claims.--Not later than 2 years after the
date on which regulations are first promulgated under paragraph
(6), an injured person may submit to the Administrator a
written claim for 1 or more injuries suffered by the injured
person in accordance with such requirements as the
Administrator determines to be appropriate.
(3) Investigation of claims.--
(A) In general.--The Administrator shall, on behalf
of the United States, investigate, consider, ascertain,
adjust, determine, grant, deny, or settle any claim for
money damages asserted under paragraph (2).
(B) Applicability of state law.--Except as
otherwise provided in this section, the laws of the
State of New Mexico shall apply to the calculation of
damages under paragraph (4)(D).
(C) Extent of damages.--Any payment under this
section--
(i) shall be limited to actual compensatory
damages measured by injuries suffered; and
(ii) shall not include--
(I) interest before settlement or
payment of a claim; or
(II) punitive damages.
(4) Payment of claims.--
(A) Determination and payment of amount.--
(i) In general.--
(I) Payment.--Not later than 180
days after the date on which a claim is
submitted under this section, the
Administrator shall determine and fix
the amount, if any, to be paid for the
claim.
(II) Priority.--The Administrator,
to the maximum extent practicable,
shall pay subrogation claims submitted
under this section only after paying
claims submitted by injured parties
that are not insurance companies
seeking payment as subrogees.
(ii) Parameters of determination.--In
determining and settling a claim under this
section, the Administrator shall determine
only--
(I) whether the claimant is an
injured person;
(II) whether the injury that is the
subject of the claim resulted from the
fire;
(III) the amount, if any, to be
allowed and paid under this section;
and
(IV) the person or persons entitled
to receive the amount.
(iii) Insurance and other benefits.--
(I) In general.--In determining the
amount of, and paying, a claim under
this section, to prevent recovery by a
claimant in excess of actual
compensatory damages, the Administrator
shall reduce the amount to be paid for
the claim by an amount that is equal to
the total of insurance benefits
(excluding life insurance benefits) or
other payments or settlements of any
nature that were paid, or will be paid,
with respect to the claim.
(II) Government loans.--This
subparagraph shall not apply to the
receipt by a claimant of any government
loan that is required to be repaid by
the claimant.
(B) Partial payment.--
(i) In general.--At the request of a
claimant, the Administrator may make 1 or more
advance or partial payments before the final
settlement of a claim, including final
settlement on any portion or aspect of a claim
that is determined to be severable.
(ii) Judicial decision.--If a claimant
receives a partial payment on a claim under
this section, but further payment on the claim
is subsequently denied by the Administrator,
the claimant may--
(I) seek judicial review under
paragraph (9); and
(II) keep any partial payment that
the claimant received, unless the
Administrator determines that the
claimant--
(aa) was not eligible to
receive the compensation; or
(bb) fraudulently procured
the compensation.
(C) Rights of insurer or other third party.--If an
insurer or other third party pays any amount to a
claimant to compensate for an injury described in
paragraph (1), the insurer or other third party shall
be subrogated to any right that the claimant has to
receive any payment under this section or any other
law.
(D) Allowable damages.--
(i) Loss of property.--A claim that is paid
for loss of property under this section may
include otherwise uncompensated damages
resulting from the Hermit's Peak/Calf Canyon
Fire for--
(I) an uninsured or underinsured
property loss;
(II) a decrease in the value of
real property;
(III) damage to physical
infrastructure, including irrigation
infrastructure such as acequia systems;
(IV) a cost resulting from lost
subsistence from hunting, fishing,
firewood gathering, timbering, grazing,
or agricultural activities conducted on
land damaged by the Hermit's Peak/Calf
Canyon Fire;
(V) a cost of reforestation or
revegetation on Tribal or non-Federal
land, to the extent that the cost of
reforestation or revegetation is not
covered by any other Federal program;
and
(VI) any other loss that the
Administrator determines to be
appropriate for inclusion as loss of
property.
(ii) Business loss.--A claim that is paid
for injury under this section may include
damages resulting from the Hermit's Peak/Calf
Canyon Fire for the following types of
otherwise uncompensated business loss:
(I) Damage to tangible assets or
inventory.
(II) Business interruption losses.
(III) Overhead costs.
(IV) Employee wages for work not
performed.
(V) Any other loss that the
Administrator determines to be
appropriate for inclusion as business
loss.
(iii) Financial loss.--A claim that is paid
for injury under this section may include
damages resulting from the Hermit's Peak/Calf
Canyon Fire for the following types of
otherwise uncompensated financial loss:
(I) Increased mortgage interest
costs.
(II) An insurance deductible.
(III) A temporary living or
relocation expense.
(IV) Lost wages or personal income.
(V) Emergency staffing expenses.
(VI) Debris removal and other
cleanup costs.
(VII) Costs of reasonable efforts,
as determined by the Administrator, to
reduce the risk of wildfire, flood, or
other natural disaster in the counties
impacted by the Hermit's Peak/Calf
Canyon Fire to risk levels prevailing
in those counties before the Hermit's
Peak/Calf Canyon Fire, that are
incurred not later than the date that
is 3 years after the date on which the
regulations under paragraph (6) are
first promulgated.
(VIII) A premium for flood
insurance that is required to be paid
on or before May 31, 2024, if, as a
result of the Hermit's Peak/Calf Canyon
Fire, a person that was not required to
purchase flood insurance before the
Hermit's Peak/Calf Canyon Fire is
required to purchase flood insurance.
(IX) A disaster assistance loan
received from the Small Business
Administration.
(X) Any other loss that the
Administrator determines to be
appropriate for inclusion as financial
loss.
(5) Acceptance of award.--The acceptance by a claimant of
any payment under this section, except an advance or partial
payment made under paragraph (4)(B), shall--
(A) be final and conclusive on the claimant, with
respect to all claims arising out of or relating to the
same subject matter; and
(B) constitute a complete release of all claims
against the United States (including any agency or
employee of the United States) under chapter 171 of
title 28, United States Code (commonly known as the
``Federal Tort Claims Act''), or any other Federal or
State law, arising out of or relating to the same
subject matter.
(6) Regulations and public information.--
(A) Regulations.--Notwithstanding any other
provision of law, not later than 45 days after the date
of enactment of this section, the Administrator shall
promulgate and publish in the Federal Register interim
final regulations for the processing and payment of
claims under this section.
(B) Public information.--
(i) In general.--At the time at which the
Administrator promulgates regulations under
subparagraph (A), the Administrator shall
publish, online and in print, in newspapers of
general circulation in the State of New Mexico,
a clear, concise, and easily understandable
explanation, in English and Spanish, of--
(I) the rights conferred under this
section; and
(II) the procedural and other
requirements of the regulations
promulgated under subparagraph (A).
(ii) Dissemination through other media.--
The Administrator shall disseminate the
explanation published under clause (i) through
websites, blogs, social media, brochures,
pamphlets, radio, television, and other media
that the Administrator determines are likely to
reach prospective claimants.
(7) Consultation.--In administering this section, the
Administrator shall consult with the Secretary of the Interior,
the Secretary of Energy, the Secretary of Agriculture, the
Administrator of the Small Business Administration, other
Federal agencies, and State, local, and Tribal authorities, as
determined to be necessary by the Administrator, to--
(A) ensure the efficient administration of the
claims process; and
(B) provide for local concerns.
(8) Election of remedy.--
(A) In general.--An injured person may elect to
seek compensation from the United States for 1 or more
injuries resulting from the Hermit's Peak/Calf Canyon
Fire by--
(i) submitting a claim under this section;
(ii) filing a claim or bringing a civil
action under chapter 171 of title 28, United
States Code (commonly known as the ``Federal
Tort Claims Act''); or
(iii) bringing an authorized civil action
under any other provision of law.
(B) Effect of election.--An election by an injured
person to seek compensation in any manner described in
subparagraph (A) shall be final and conclusive on the
claimant with respect to all injuries resulting from
the Hermit's Peak/Calf Canyon Fire that are suffered by
the claimant.
(C) Arbitration.--
(i) In general.--Not later than 45 days
after the date of enactment of this Act, the
Administrator shall establish by regulation
procedures under which a dispute regarding a
claim submitted under this section may be
settled by arbitration.
(ii) Arbitration as remedy.--On
establishment of arbitration procedures under
clause (i), an injured person that submits a
disputed claim under this section may elect to
settle the claim through arbitration.
(iii) Binding effect.--An election by an
injured person to settle a claim through
arbitration under this subparagraph shall--
(I) be binding; and
(II) preclude any exercise by the
injured person of the right to judicial
review of a claim described in
paragraph (9).
(D) No effect on entitlements.--Nothing in this
section affects any right of a claimant to file a claim
for benefits under any Federal entitlement program.
(9) Judicial review.--
(A) In general.--Any claimant aggrieved by a final
decision of the Administrator under this section may,
not later than 60 days after the date on which the
decision is issued, bring a civil action in the United
States District Court for the District of New Mexico,
to modify or set aside the decision, in whole or in
part.
(B) Record.--The court shall hear a civil action
under subparagraph (A) on the record made before the
Administrator.
(C) Standard.--The decision of the Administrator
incorporating the findings of the Administrator shall
be upheld if the decision is supported by substantial
evidence on the record considered as a whole.
(10) Attorney's and agent's fees.--
(A) In general.--No attorney or agent, acting alone
or in combination with any other attorney or agent,
shall charge, demand, receive, or collect, for services
rendered in connection with a claim submitted under
this section, fees in excess of the limitations
established under section 2678 of title 28, United
States Code.
(B) Violation.--An attorney or agent who violates
subparagraph (A) shall be fined not more than $10,000.
(11) Waiver of requirement for matching funds.--
(A) State and local project.--
(i) In general.--Notwithstanding any other
provision of law, a State or local project that
is determined by the Administrator to be
carried out in response to the Hermit's Peak/
Calf Canyon Fire under any Federal program that
applies to an area affected by the Hermit's
Peak/Calf Canyon Fire shall not be subject to
any requirement for State or local matching
funds to pay the cost of the project under the
Federal program.
(ii) Federal share.--The Federal share of
the costs of a project described in clause (i)
shall be 100 percent.
(B) Other needs program assistance.--
Notwithstanding section 408(g)(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5174(g)(2)), for any emergency or major
disaster declared by the President under that Act for
the Hermit's Peak/Calf Canyon Fire, the Federal share
of assistance provided under that section shall be 100
percent.
(12) Applicability of debt collection requirements.--
Section 3711(a) of title 31, United States Code, shall not
apply to any payment under this section, unless--
(A) there is evidence of civil or criminal fraud,
misrepresentation, presentation of a false claim; or
(B) a claimant was not eligible under paragraph
(4)(B) of this section to any partial payment.
(13) Indian compensation.--Notwithstanding any other
provision of law, in the case of an Indian Tribe, a Tribal
entity, or a member of an Indian Tribe that submits a claim
under this section--
(A) the Bureau of Indian Affairs shall have no
authority over, or any trust obligation regarding, any
aspect of the submission of, or any payment received
for, the claim;
(B) the Indian Tribe, Tribal entity, or member of
an Indian Tribe shall be entitled to proceed under this
section in the same manner and to the same extent as
any other injured person; and
(C) except with respect to land damaged by the
Hermit's Peak/Calf Canyon Fire that is the subject of
the claim, the Bureau of Indian Affairs shall have no
responsibility to restore land damaged by the Hermit's
Peak/Calf Canyon Fire.
(14) Report.--Not later than 1 year after the date of
promulgation of regulations under paragraph (6)(A), and
annually thereafter, the Administrator shall submit to Congress
a report that describes the claims submitted under this section
during the year preceding the date of submission of the report,
including, for each claim--
(A) the amount claimed;
(B) a brief description of the nature of the claim;
and
(C) the status or disposition of the claim,
including the amount of any payment under this section.
(15) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.
SEC. 5887. OPEN TECHNOLOGY FUND GRANTS.
(a) In General.--In addition to grants made to the Open Technology
Fund of the United States Agency for Global Media pursuant to section
305 of the United States International Broadcasting Act of 1994 (22
U.S.C. 6204) to make grants for the purposes specified in section 309A
of such Act (22 U.S.C. 6208a), the Open Technology Fund may make grants
to eligible entities to surge and sustain support for internet freedom
technologies to counter acute escalations in censorship in closed
countries.
(b) Methodology.--Grants under this section shall be made
competitively, and shall be subject to audits by the Open Technology
Fund to ensure that technologies described in subsection (a) are secure
and have not been compromised in a manner detrimental to the interests
of the United States or to individuals or organizations benefitting
from programs supported by such grants.
(c) Reporting.--The Open Technology Fund shall annually submit to
the Committee on Foreign Affairs, the Committee on Appropriations, and
the Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on Foreign Relations, the Committee
on Appropriations, and the Select Committee on Intelligence of the
Senate a report on grants made and activities carried out pursuant to
such grants during the immediately preceding fiscal year.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$5,000,000 for each of fiscal years 2023 through 2027 to carry
out this section.
(2) Availability.--Amounts authorized to be appropriated
pursuant to this subsection are authorized to remain available
until expended.
(e) Definitions.--In this section:
(1) Closed countries.--The term ``closed countries'' means
countries in which democratic participation, free expression,
freedom of movement, or access to information is suppressed or
explicitly prohibited through political, judicial, social, or
technical means, or as otherwise determined by the Secretary of
State, the Chief Executive Officer for the United States Agency
for Global Media, or the President of the Open Technology Fund.
(2) Eligible entities.--The term ``eligible entities''
means public or private sector entities with proven and
already-deployed technology relating to surging and sustaining
support for internet freedom technologies to counter acute
escalations in censorship in closed countries.
SEC. 5888. STRATEGIC TRANSFORMER RESERVE AND RESILIENCE.
(a) Plan and Report.--Not later than 18 months after the date of
enactment of this section, the Secretary shall submit to the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report
containing--
(1) a plan for reducing the vulnerability of the electric
grid to physical attack, cyber attack, electromagnetic pulse,
geomagnetic disturbances, severe weather, climate change, and
seismic events, including by--
(A) establishing a strategic transformer reserve
that ensures that large power transformers, generator
step-up transformers, power conversion equipment, and
other critical electric grid equipment are
strategically located to ensure timely replacement of
such equipment as may be necessary to restore electric
grid function rapidly in the event of severe damage to
the electric grid due to physical attack, cyber attack,
electromagnetic pulse, geomagnetic disturbances, severe
weather, climate change, or seismic events; and
(B) establishing a coordinated plan to facilitate
transportation of large power transformers, generator
step-up transformers, power conversion equipment, and
other critical electric grid equipment; and
(2) an evaluation of the benefits of establishing such a
strategic transformer reserve, including the benefits of
purchasing critical electric grid equipment that is made of
iron and steel products produced in the United States.
(b) Transformer Resilience.--The Secretary shall--
(1) improve large power transformers, generator step-up
transformers, power conversion equipment, and other critical
electric grid equipment by reducing their vulnerabilities;
(2) develop, test, and deploy innovative equipment designs
that are more flexible and offer greater resiliency of electric
grid functions;
(3) coordinate with industry and manufacturers to
standardize large power transformers, generator step-up
transformers, power conversion equipment, and other critical
electric grid equipment;
(4) monitor and test large power transformers, generator
step-up transformers, power conversion equipment, and other
critical electric grid equipment that the Secretary determines
may pose a risk to the bulk-power system or national security;
and
(5) facilitate the domestic manufacturing of large power
transformers, generator step-up transformers, power conversion
equipment, and other critical electric grid equipment through
the issuance of grants and loans, and through the provision of
technical support.
(c) Consultation.--In carrying out this section, the Secretary
shall consult with the Federal Energy Regulatory Commission, the
Electricity Subsector Coordinating Council, the Electric Reliability
Organization, manufacturers, and owners and operators of critical
electric infrastructure and defense and military installations.
(d) Prevailing Wages.--Any laborer or mechanic employed by any
contractor or subcontractor in the performance of work funded directly,
or assisted in whole or in part, by the Federal Government pursuant to
this section shall be paid wages at rates not less than those
prevailing on work of a similar character in the locality, as
determined by the Secretary of Labor under subchapter IV of chapter 31
of title 40, United States Code (commonly referred to as the Davis-
Bacon Act). With respect to the labor standards in this subsection, the
Secretary of Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
and section 3145 of title 40, United States Code.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2022 through 2026, and such amounts shall remain available until
expended.
(f) Definitions.--In this section:
(1) The terms ``bulk-power system'' and ``Electric
Reliability Organization'' have the meaning given such terms in
section 215 of the Federal Power Act (16 U.S.C. 824o).
(2) The term ``critical electric infrastructure'' has the
meaning given such term in section 215A of the Federal Power
Act (16 U.S.C. 824o-1).
(3) The term ``iron and steel products'' includes
electrical steel used in the manufacture of--
(A) transformers; and
(B) laminations, cores, and other transformer
components.
(4) The term ``produced in the United States'' means, with
respect to iron and steel products, that all manufacturing
processes, from the initial melting stage through the
application of coatings, occurred in the United States.
(1) The terms ``Regional Transmission Organization'',
``Independent System Operator'', and ``State regulatory
authority'' have the meaning given such terms in section 3 of
the Federal Power Act (16 U.S.C. 796).
(2) The term ``Secretary'' means the Secretary of Energy.
SEC. 5889. AI IN COUNTERTERRORISM OVERSIGHT ENHANCEMENT.
(a) Short Title.--This section may be cited as the ``AI in
Counterterrorism Oversight Enhancement Act''.
(b) Oversight of Use of Artificial Intelligence-enabled
Technologies by Executive Branch for Counterterrorism Purposes.--
(1) Amendments to authorities and responsibilities of
privacy and civil liberties officers.--Section 1062 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee-1) is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (3) and (4)
as paragraphs (4) and (5);
(ii) by inserting after paragraph (2) the
following new paragraph:
``(3) provide to the Privacy and Civil Liberties Oversight
Board, with respect to covered artificial intelligence-enabled
technologies--
``(A) not later than 180 days after the date on
which this paragraph takes effect, and every 6 months
thereafter, written notice of the use of such
technologies or the planned evaluation, use,
development, acquisition, retention of services for, or
repurposing of such technologies;
``(B) access to associated impact statements,
including system of record notices, privacy impact
assessments, and civil liberties impact assessments;
``(C) access to associated information and
materials documenting--
``(i) the processes for data collection
related to such technologies, for obtaining
consent related to the use of such
technologies, or for the disclosure of the use
of such technologies;
``(ii) the algorithms and models of such
technologies;
``(iii) the data resources used, or to be
used, in the training of such technologies,
including a comprehensive listing of any data
assets or public data assets (or any
combination thereof) used, or to be used, in
the training of such technologies;
``(iv) data governance processes and
procedures, including acquisition, protection,
retention, sharing, and access, related to data
resources associated with such technologies;
and
``(v) processes for training and testing,
evaluating, validating, and modifying such
technologies; and
``(D) access to all other associated information
and materials.'';
(B) in subsection (d)(1), by inserting ``(including
as described under subsection (a)(3))'' after
``officer''; and
(C) by adding at the end the following:
``(i) Definitions.--In this section:
``(1) Artificial intelligence.--The term `artificial
intelligence' has the meaning given that term in section 238(g)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note).
``(2) Covered artificial intelligence-enabled technology.--
The term `covered artificial intelligence-enabled technology'
means an artificial intelligence-enabled technology (including
a classified technology)--
``(A) in use by the applicable department, agency,
or element to protect the Nation from terrorism; or
``(B) that the applicable department, agency, or
element plans to evaluate, develop, acquire, retain, or
repurpose to protect the Nation from terrorism.
``(3) Data asset; public data asset.--The terms `data
asset' and `public data asset' have the meaning given those
terms in section 3502 of title 44, United States Code.''.
(2) Self-assessment by privacy and civil liberties
oversight board.--Not later than one year after the date of the
enactment of this Act, the Privacy and Civil Liberties
Oversight Board under section 1061 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) shall
provide to the appropriate committees (as described in
subsection (e) of such section) a self-assessment of any change
in authorities, resources, or organizational structure that may
be necessary to carry out the functions described in subsection
(d) of such section related to artificial intelligence-enabled
technologies.
(3) Definition.--In this section, the term ``artificial
intelligence'' has the meaning given that term in section
238(g) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note).
(4) Effective date.--Paragraphs (1) and (2), and the
amendments made by such paragraphs, shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 5890. ELIMINATION OF TERMINATION CLAUSE FOR GLOBAL ENGAGEMENT
CENTER.
Section 1287 of Public Law 114-328 is amended by striking
subsection (j).
SEC. 5891. RESOLUTION OF CONTROVERSIES UNDER SERVICEMEMBERS CIVIL
RELIEF ACT.
(a) In General.--Section 102 of the Servicemembers Civil Relief Act
(50 U.S.C. 3912) is amended by adding at the end the following new
subsection:
``(d) Written Consent Required for Arbitration.--Notwithstanding
any other provision of law, whenever a contract with a servicemember,
or a servicemember and the servicemember's spouse jointly, provides for
the use of arbitration to resolve a controversy subject to a provision
of this Act and arising out of or relating to such contract,
arbitration may be used to settle such controversy only if, after such
controversy arises, all parties to such controversy consent in writing
to use arbitration to settle such controversy.''.
(b) Applicability.--Subsection (d) of such section, as added by
subsection (a), shall apply with respect to contracts entered into,
amended, altered, modified, renewed, or extended after the date of the
enactment of this Act.
SEC. 5892. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 107(a) of the Servicemembers Civil Relief
Act (50 U.S.C. 3918(a)) is amended--
(1) in the second sentence, by inserting ``and if it is
made after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``to which it applies''; and
(2) in the third sentence, by inserting ``and if it is made
after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``period of military
service''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to waivers made on or after the date of the
enactment of this Act.
SEC. 5893. CLARIFICATION OF PRIVATE RIGHT OF ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C.
4042(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
notwithstanding any previous agreement to the contrary,'' after
``may''; and
(2) in paragraph (3), by striking ``, notwithstanding any
previous agreement to the contrary''.
SEC. 5894. 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. 5895. REPORT ON THE USE OF DATA AND DATA SCIENCE AT THE DEPARTMENT
OF STATE AND USAID.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report containing the results of a study
regarding--
(1) the use of data in foreign policy, global issues policy
analysis, and decision-making at the Department of State;
(2) the use of data in development, development assistance
policy, and development program design and execution at the
United States Agency for International Development; and
(3) the use of data in recruitment, hiring, retention, and
personnel decisions at the Department of State and the United
States Agency for International Development, including the
accuracy and use of data for comprehensive strategic workforce
planning across all career and non-career hiring mechanisms.
SEC. 5896. MODIFICATION OF REPORTS TO CONGRESS UNDER GLOBAL MAGNITSKY
HUMAN RIGHTS ACCOUNTABILITY ACT.
Section 1264(a) of the Global Magnitsky Human Rights Accountability
Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 24 2656
note) 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:
``(7) a description of additional steps taken by the
President through diplomacy, international engagement, and
assistance to foreign or security sectors to address persistent
underlying causes of conduct that is sanctionable under section
1263 in countries where those sanctioned are located; and
``(8) a description of additional steps taken by the
President to ensure the pursuit of judicial accountability in
appropriate jurisdictions with respect to those foreign persons
subject to sanctions under section 1263.''.
SEC. 5897. DEPARTMENT OF STATE FELLOWSHIPS FOR RULE OF LAW ACTIVITIES
IN CENTRAL AMERICA.
(a) Establishment.--The Secretary of State shall establish a
fellowship program, to be known as the ``Central American Network for
Democracy'', to support a regional corps of civil society activists,
lawyers (including members of the judiciary and prosecutors' offices),
journalists, and investigators.
(b) Elements.--This fellowship program shall--
(1) provide a temporary respite for members of the regional
corps in a safe environment;
(2) allow the members to continue to work via engagement
with universities, think tanks, government actors, and
international organizations; and
(3) aid the members in leveraging lessons learned in order
to contribute to regional democracy and rule of law activities
in Central America, including electoral and transition support,
institutional reform, anti-corruption investigations, and local
engagement.
(c) Regional and International Support.--The Secretary of State
shall take such steps as may be necessary--
(1) to obtain support for the fellowship program from
international foundations, regional and United States
governmental and nongovernmental organizations, and regional
and United States universities; and
(2) to ensure the fellowship program is well coordinated
with and complementary of existing mechanisms such as the
Lifeline Embattled CSO Assistance Fund.
(d) Focus; Safety.--Activities carried out under the fellowship
program--
(1) should focus on coordination and consultation with key
agencies and international bodies to continue their democracy
efforts, including the Department of State, the United States
Agency for International Development, the Organization of
American States, the Inter-American Court for Human Rights, the
United Nations, the Department of Justice, and the Department
of the Treasury; and
(2) may include strengthened protection for the physical
safety of individuals who must leave their home country to
participate in the program, including assistance for temporary
relocation, English language learning, and mental health
support.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
2023.
SEC. 5898. REPORT ON ALL COMPREHENSIVE SANCTIONS IMPOSED ON FOREIGN
GOVERNMENTS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States, in
consultation with the Secretary of State, the Secretary of the
Treasury, and the head of any other relevant Federal department or
agency that the Comptroller General determines necessary, shall submit
to the appropriate congressional committees a report on all
comprehensive sanctions imposed on de jure or de facto governments of
foreign countries, and all comprehensive sanctions imposed on non-state
actors that exercise significant de facto governmental control over a
foreign civilian population, under any provision of law.
(b) Matters to Be Included.--The report required by subsection (a)
shall include--
(1) an assessment of the effect of sanctions imposed on the
government of each foreign country and each non-state actor
that exercises significant de facto governmental control over a
foreign civilian population described in subsection (a) on--
(A) the ability of civilian population of the
country to access water, food, sanitation, and public
health services, including all humanitarian aid and
supplies related to the prevention, diagnosis, and
treatment of COVID-19;
(B) the changes to the general mortality rate,
maternal mortality rate, life expectancy, and literacy;
(C) the extent to which there is an increase in
refugees or migration to or from the country or an
increase in internally displaced people in the country;
(D) the degree of international compliance and non-
compliance of the country; and
(E) the licensing of transactions to allow access
to essential goods and services to vulnerable
populations, including the number of licenses applied
for, approved, or denied and reasons why such licenses
were denied, and average time to receive a decision;
and
(2) a description of the purpose of sanctions imposed on
the government of each foreign country and each non-state actor
that exercises significant de facto governmental control over a
foreign civilian population described in subsection (a) and the
required legal or political authority, including--
(A) an assessment of United States national
security;
(B) an assessment of whether the stated foreign
policy goals of the sanctions are being met;
(C) the degree of international support or
opposition to the sanctions; and
(D) an assessment of such sanctions on United
States businesses, consumers, and financial
institutions.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex. The
unclassified portion of the report shall be published on a publicly-
available website of the Government of the United States.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate.
SEC. 5899. 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''.
SEC. 5900. CONTRACTS BY THE PRESIDENT, THE VICE PRESIDENT, OR A CABINET
MEMBER.
(a) Amendment.--Section 431 of title 18, United States Code, is
amended--
(1) in the section heading, by inserting ``the President,
the Vice President, a Cabinet Member, or a'' after ``Contracts
by''; and
(2) in the first undesignated paragraph, by inserting ``the
President, the Vice President, or any member of the Cabinet,''
after ``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for chapter
23 of title 18, United States Code, is amended by striking the item
relating to section 431 and inserting the following:
``431. Contracts by the President, the Vice President, a Cabinet
Member, or a Member of Congress.''.
SEC. 5901. 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 United States
Embassy 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 section (b) shall be submitted in
unclassified form and may include a classified annex.
(d) Appropriate Congressional Committees.--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. 5902. INTERAGENCY TASK FORCE.
(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 better understand these measures in order to
devise a comprehensive, effective, and multilateral response;
(2) the private sector is a crucial partner in helping the
United States Government understand the PRC's coercive economic
measures and hold the PRC accountable, and that additional
business transparency would help the United States Government
and private sector stakeholders conduct early assessments of
potential pressure points and vulnerabilities; and
(3) PRC coercive economic measures creates pressures for
the private sector to behave in ways antithetical to United
States national interests and competitiveness.
(b) Establishment.--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 measures, which shall include--
(i) systematically monitoring and
evaluating--
(I) the costs of such measures on
United States businesses and overall
United States economic performance;
(II) instances in which such
measures taken against a non-PRC entity
has benefitted other parties; and
(III) the impacts such measures
have had on United States national
interests; and
(ii) facilitating coordination among
Federal departments and agencies when
responding to such measures as well as
proactively deterring such economic coercion,
including by clarifying the roles for
departments and agencies identified in
subsection (d) in implementing the strategy;
(B) consult with United States allies and partners
on the feasibility and desirability of collectively
identifying, assessing, and responding to PRC coercive
economic measures, as well as actions that could be
taken to expand coordination with the goal of ensuring
a consistent, coherent, and collective response to such
measures and establishing long-term deterrence to such
measures;
(C) effectively engage the United States private
sector, particularly sectors, groups, or other entities
that are susceptible to such PRC coercive economic
measures, on concerns related to such measures; 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 measures 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) direct the head of each of the following Federal
departments and agencies to appoint personnel at the level of
Assistant Secretary or above to participate in the Task Force:
(A) The Department of State.
(B) The Department of Commerce.
(C) The Department of the Treasury.
(D) The Department of Justice.
(E) The Office of the United States Trade
Representative.
(F) The Department of Agriculture.
(G) The Office of the Director of National
Intelligence and other appropriate elements of the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)).
(H) The Securities and Exchange Commission.
(I) The United States International Development
Finance Corporation.
(J) Any other department or agency designated by
the President.
(e) Reports.--
(1) Initial report.--Not later than one year after the date
of the enactment of this Act, the Task Force shall submit to
the appropriate congressional committees 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, non-PRC companies (including United
States companies), and multilateral institutions and
organizations, 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 measures that captures both--
(i) the use of informal or extralegal PRC
coercive economic measures; and
(ii) the illegitimate use of formal
economic tools.
(D) A comprehensive review of the array of economic
and diplomatic tools the United States Government
employs or could employ to respond to economic coercion
against the United States and United States allies and
partners.
(E) A list of unilateral or multilateral--
(i) proactive measures to defend or deter
against PRC coercive economic measures; and
(ii) actions taken in response to the
Government of the PRC's general use of coercive
economic measures, including the imposition of
reputational costs on the PRC.
(F) An assessment of areas in which United States
allies and partners are vulnerable to PRC coercive
economic measures.
(G) A description of gaps in existing resources or
capabilities for United States Government departments
and agencies to respond effectively to PRC coercive
economic measures directed at United States entities
and assist United States allies and partners in their
responses to PRC coercive economic measures.
(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, as appropriate, of international
norms and regulations as well as any treaty obligations
the PRC has stretched, circumvented, or broken through
its economically coercive practices.
(2) Interim reports.--
(A) First interim report.--Not later than one year
after the date on which the report required by
paragraph (1) is submitted to the appropriate
congressional committees, the Task Force shall submit
to the appropriate congressional committees 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 one year
after the date on which the report required by
subparagraph (A) is submitted to the appropriate
congressional committees, 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
the appropriate congressional committees, the Task Force shall
submit to the appropriate congressional committees and also
make available to the public on the website of the Executive
Office of the President a final report that includes the
following elements:
(A) An analysis of PRC coercive economic measures
and the cost of such coercive measures 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 measures, including
through further coordination with United States allies
and partners.
(D) A list of cases made public under subsection
(f).
(4) Form.--
(A) Initial and interim reports.--The reports
required by paragraphs (1), (2)(A), and (2)(B) shall be
submitted in unclassified form, but may include a
classified annex.
(B) Final report.--The report required by paragraph
(3) shall be submitted in unclassified form, but may
include a classified annex.
(f) Publicly Available List.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Task Force shall to the extent
practicable make available to the public on the website of the
Executive Office of the President a list of cases in the past
six months in which open source reporting indicates that the
PRC has directed coercive economic measures against a non-PRC
entity.
(2) Updates.--The list required by paragraph (1) should be
updated every 180 days, and shall be managed by the Department
of State after the termination of the Task Force under
subsection (g).
(g) 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 the
appropriate congressional committees and made publicly
available.
(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).
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) Coercive economic measures.--The term ``coercive
economic measures'' includes formal or informal restrictions or
conditions, such as on trade, investment, development aid, and
financial flows, intended to impose economic costs on a non-
People's Republic of China target in order to achieve strategic
political objectives, including influence over the policy
decisions of a foreign government, company, organization, or
individual.
SEC. 5903. MODIFICATION OF DUTIES OF UNITED STATES-CHINA ECONOMIC AND
SECURITY REVIEW COMMISSION.
Section 1238(c)(2)(H) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002(c)(2)(H)) is
amended by adding at the end before the period the following: ``, and
the People's Republic of China's use of such relations to economically
or politically coerce other countries, regions, and international and
regional entities, particularly treaty allies and major partners, to
achieve China's objectives in the preceding year''.
SEC. 5904. TAIWAN FELLOWSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Agency head.--The term ``agency head'' means, in the
case of the executive branch of United States Government, or in
the case of a legislative branch agency specified 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, the Congressional Research Service, and the United
States-China Economic and Security Review Commission of the
legislative branch, as well as any agency of the executive
branch.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House
of Representatives.
(4) Detailee.--The term ``detailee'' means 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 such employee is employed.
(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 and
exempt from tax under section 501(a) of such Code that--
(A) is selected through a competitive process;
(B) 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
(C) enters into a cooperative agreement with the
American Institute in Taiwan to administer the Taiwan
Fellowship Program.
(b) Establishment of Taiwan Fellowship Program.--
(1) Establishment.--The Secretary of State shall establish
the ``Taiwan Fellowship Program'' (hereafter referred to in
this section as the ``Program'') to provide a fellowship
opportunity in Taiwan of up to two years for eligible United
States citizens through the cooperative agreement established
in paragraph (2). The Department of State, in consultation with
the American Institute in Taiwan and the implementing partner,
may modify the name of the Program.
(2) Cooperative agreements.--
(A) In general.--The American Institute in Taiwan
shall use amounts authorized to be appropriated
pursuant to subsection (f)(1) to enter into an annual
or multi-year cooperative agreement with an appropriate
implementing partner.
(B) Fellowships.--The Department of State, in
consultation with the American Institute in Taiwan and,
as appropriate, the implementing partner, shall award
to eligible United States citizens, subject to
available funding--
(i) not fewer than five fellowships during
the first two years of the Program; and
(ii) not fewer than ten fellowships during
each of the remaining years of the Program.
(3) International 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, shall--
(A) 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 the governing authorities on Taiwan; and
(B) begin the process of selecting an implementing
partner, which--
(i) shall agree to meet all of the legal
requirements required to operate in Taiwan; and
(ii) shall be composed of staff who
demonstrate significant experience managing
exchange programs in the Indo-Pacific region.
(4) Curriculum.--
(A) First year.--During the first year of each
fellowship under this subsection, each fellow should
study--
(i) the Mandarin Chinese language;
(ii) the people, history, and political
climate on Taiwan; and
(iii) the issues affecting the relationship
between the United States and the Indo-Pacific
region.
(B) 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 Act, shall work
in--
(i) a parliamentary office, ministry, or
other agency of the governing authorities on
Taiwan; or
(ii) an organization outside of the
governing authorities on Taiwan, whose
interests are associated with the interests of
the fellow and the agency of the United States
Government from which the fellow had been
employed.
(5) 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 between nine months and two years, and
may alter the curriculum requirements under paragraph (4) for
such purposes.
(6) Sunset.--The Program shall terminate ten years after
the date of the enactment of this Act.
(c) Program Requirements.--
(1) Eligibility requirements.--A United States citizen is
eligible for a fellowship under this section if he or she--
(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 the
beginning the fellowship;
(C) has at least two 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, 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 four years after the conclusion
of the fellowship or for not less than two years for a
fellowship that is one year or shorter.
(3) Responsibilities of implementing partner.--
(A) Selection of fellows.--The implementing
partner, in close coordination with 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 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 a fellowship
lasting one 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 two-year fellowship) with--
(i) intensive Mandarin Chinese language
training; and
(ii) courses in the politic, culture, and
history of Taiwan, China, and the broader Indo-
Pacific.
(C) Waiver of required 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
subparagraph (B) to the extent that a fellow has
Mandarin Chinese 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
two-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, shall maintain an office
and at least one full-time staff member in Taiwan--
(i) to liaise with the American Institute
in Taiwan and the governing authorities on
Taiwan; and
(ii) to serve as the primary in-country
point of contact for the recipients of
fellowships under this section and their
dependents.
(E) Other functions.--The implementing partner
should perform other functions in association in
support of the 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 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 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
clause (i), which shall be calculated at the
prevailing rate.
(C) Pro rata reimbursement.--Any fellow who
violates paragraph (2)(C) shall reimburse the American
Institute in Taiwan 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 United States
Government.
(5) Annual report.--Not later than 90 days after the
selection of the first class of fellows under this Act, and
annually thereafter for ten years, the Department of State
shall offer to brief the appropriate congressional committees
regarding the following issues:
(A) An assessment of the performance of the
implementing partner in fulfilling the purposes of this
section.
(B) The number of applicants each year, the number
of applicants willing to serve a fellowship lasting one
year or longer, and the number of such applicants
selected for the fellowship.
(C) 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.
(D) The names of the parliamentary offices,
ministries, other agencies of the governing authorities
on Taiwan, and nongovernmental institutions to which
each fellow was assigned.
(E) Any recommendations, as appropriate, to improve
the implementation of the Program, including added
flexibilities in the administration of the program.
(F) An assessment of the Program's value upon the
relationship between the United States and Taiwan or
the United States and Asian countries.
(6) Annual financial audit.--
(A) In general.--The financial records of any
implementing partner shall be audited annually in
accordance with generally accepted 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.
(B) Location.--Each audit under subparagraph (A)
shall be conducted at the place or places where the
financial records of the implementing partner are
normally kept.
(C) Access to documents.--The implementing partner
shall make available to the accountants conducting an
audit under subparagraph (A)--
(i) 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
(ii) full facilities for verifying
transactions with the balances or securities
held by depositories, fiscal agents, and
custodians.
(D) Report.--
(i) In general.--Not later than six months
after the end of each fiscal year, the
implementing partner shall provide a report of
the audit conducted for such fiscal year under
subparagraph (A) to the Department of State and
the American Institute in Taiwan.
(ii) 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--
(aa) all contracts and
cooperative agreements
requiring payments greater than
$5,000; and
(bb) any payments of
compensation, salaries, or fees
at a rate greater than $5,000
per year.
(iii) Copies.--Each audit report shall be
produced in sufficient copies for distribution
to the public.
(d) Taiwan Fellows on Detail From Government Service.--
(1) In general.--
(A) Detail authorized.--With the approval of the
Secretary of State, an agency head may detail, for a
period of not more than two years, an employee of the
agency of the United States Government who has been
awarded a fellowship under this Act, to the American
Institute in Taiwan for the purpose of assignment to
the governing authorities on Taiwan or an organization
described in subsection (b)(4)(B)(ii).
(B) Agreement.--Each detailee shall enter into a
written agreement with the Federal Government before
receiving a fellowship, in which the fellow shall
agree--
(i) to continue in the service of the
sponsoring agency at the end of fellowship for
a period of at least four years (or at least
two years if the fellowship duration is one
year or shorter) unless such detailee is
involuntarily separated from the service of
such agency; and
(ii) to pay to the American Institute in
Taiwan any additional expenses incurred by the
United States 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.
(C) Exception.--The payment agreed to under
subparagraph (B)(ii) may not be required of 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.
(2) Status as government employee.--A detailee--
(A) is deemed, for the purpose of preserving
allowances, privileges, rights, seniority, and other
benefits, to be an employee of the sponsoring agency;
(B) 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
(C) may be assigned to a position with an entity
described in subsection (b)(4)(B)(i) if acceptance of
such position does not involve--
(i) the taking of an oath of allegiance to
another government; or
(ii) the acceptance of compensation or
other benefits from any foreign government by
such detailee.
(3) Responsibilities of sponsoring agency.--
(A) In general.--The agency of the United States
Government 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--
(i) a living quarters allowance to cover
the cost of housing in Taiwan;
(ii) a cost of living allowance to cover
any possible higher costs of living in Taiwan;
(iii) a temporary quarters subsistence
allowance for up to seven days if the fellow is
unable to find housing immediately upon
arriving in Taiwan;
(iv) 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;
(v) 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
(vi) an economy-class airline ticket to and
from Taiwan for each fellow and the fellow's
immediate family.
(B) 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 subparagraph (A) if such
modification is warranted by fiscal circumstances.
(4) No financial liability.--The American Institute in
Taiwan, the implementing partner, and any governing authorities
on Taiwan or nongovernmental 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.
(5) Reimbursement.--Fellows may be detailed under paragraph
(1)(A) without reimbursement to the United States by the
American Institute in Taiwan.
(6) Allowances and benefits.--Detailees may be paid by the
American Institute in Taiwan for the allowances and benefits
listed in paragraph (3).
(e) GAO Report.--Not later than one year prior to the sunset of the
Program pursuant to subsection (b)(6), the Comptroller General of the
United States shall transmit to 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 analysis of United States Government participants in
the Program, including the number of applicants and the number
of fellowships undertaken, the places of employment.
(2) An assessment of the costs and benefits for
participants in the Program and for the United States
Government of such fellowships.
(3) An analysis of the financial impact of the fellowship
on United States Government offices that have detailed fellows
to participate in the Program.
(4) Recommendations, if any, on how to improve the Program.
(f) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to the American Institute in Taiwan--
(A) for fiscal year 2023, $2,900,000, of which
$500,000 should be used by an appropriate implementing
partner to launch the Program; and
(B) for fiscal year 2024, and each succeeding
fiscal year, $2,400,000.
(2) Private sources.--Subject to appropriation, the
implementing partner selected to implement the 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. 5905. TREATMENT OF PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS OF
PAYROLL COSTS UNDER HIGHWAY AND PUBLIC TRANSPORTATION
PROJECT COST-REIMBURSEMENT CONTRACTS.
(a) In General.--Notwithstanding section 31.201-5 of title 48, Code
of Federal Regulations (or successor regulations), for the purposes of
any cost-reimbursement contract awarded in accordance with section 112
of title 23, United States Code, or section 5325 of title 49, United
States Code, or any subcontract under such a contract, no cost
reduction or cash refund (including through a reduced indirect cost
rate) shall be due to the Department of Transportation or to a State
transportation department, transit agency, or other recipient of
assistance under chapter 1 of title 23, United States Code, or chapter
53 of title 49, United States Code, on the basis of forgiveness of the
payroll costs of a covered loan (as those terms are defined in section
7A(a) of the Small Business Act (15 U.S.C. 636m(a))) issued under the
paycheck protection program under section 7(a)(36) of that Act (15
U.S.C. 636(a)(36)).
(b) Saving Provision.--Nothing in this section amends or exempts
the prohibitions and liabilities under section 3729 of title 31, United
States Code.
(c) Termination.--This section ceases to be effective on June 30,
2025.
SEC. 5906. BILITERACY EDUCATION SEAL AND TEACHING ACT.
(a) Department of Education Grants for State Seal of Biliteracy
Programs.--
(1) Establishment of program.--
(A) In general.--From amounts made available under
paragraph (6), the Secretary of Education shall award
grants, on a competitive basis, to States to enable the
States to establish or improve, and carry out, Seal of
Biliteracy programs to recognize student proficiency in
speaking, reading, and writing in both English and a
second language.
(B) Inclusion of native american languages.--
Notwithstanding subparagraph (A), each Seal of
Biliteracy program shall contain provisions allowing
the use of Native American languages, including
allowing speakers of any Native American language
recognized as official by any American government,
including any Tribal government, to use equivalent
proficiency in speaking, reading, and writing in the
Native American language in lieu of proficiency in
speaking, reading, and writing in English.
(C) Duration.--A grant awarded under this
subsection shall be for a period of 2 years, and may be
renewed at the discretion of the Secretary.
(D) Renewal.--At the end of a grant term, a State
that receives a grant under this subsection may reapply
for a grant under this subsection.
(E) Limitations.--A State shall not receive more
than 1 grant under this subsection at any time.
(F) Return of unspent grant funds.--Each State that
receives a grant under this subsection shall return any
unspent grant funds not later than 6 months after the
date on which the term for the grant ends.
(2) Grant application.--A State that desires a grant under
this subsection shall submit an application to the Secretary at
such time, in such manner, and containing such information and
assurances as the Secretary may require, including--
(A) a description of the criteria a student must
meet to demonstrate the proficiency in speaking,
reading, and writing in both languages necessary for
the State Seal of Biliteracy program;
(B) a detailed description of the State's plan--
(i) to ensure that English learners and
former English learners are included in the
State Seal of Biliteracy program;
(ii) to ensure that--
(I) all languages, including Native
American languages, can be tested for
the State Seal of Biliteracy program;
and
(II) Native American language
speakers and learners are included in
the State Seal of Biliteracy program,
including students at tribally
controlled schools and at schools
funded by the Bureau of Indian
Education; and
(iii) to reach students, including eligible
students described in paragraph (3)(B) and
English learners, their parents, and schools
with information regarding the State Seal of
Biliteracy program;
(C) an assurance that a student who meets the
requirements under subparagraph (A) and paragraph (3)
receives--
(i) a permanent seal or other marker on the
student's secondary school diploma or its
equivalent; and
(ii) documentation of proficiency on the
student's official academic transcript; and
(D) an assurance that a student is not charged a
fee for providing information under paragraph (3)(A).
(3) Student participation in a seal of biliteracy
program.--
(A) In general.--To participate in a Seal of
Biliteracy program, a student shall provide information
to the State that serves the student at such time, in
such manner, and including such information and
assurances as the State may require, including an
assurance that the student has met the criteria
established by the State under paragraph (2)(A).
(B) Student eligibility for participation.--A
student who gained proficiency in a second language
outside of school may apply under subparagraph (A) to
participate in a Seal of Biliteracy program.
(4) Use of funds.--Grant funds made available under this
subsection shall be used for--
(A) the administrative costs of establishing or
improving, and carrying out, a Seal of Biliteracy
program that meets the requirements of paragraph (2);
and
(B) public outreach and education about the Seal of
Biliteracy program.
(5) Report.--Not later than 18 months after receiving a
grant under this subsection, a State shall issue a report to
the Secretary describing the implementation of the Seal of
Biliteracy program for which the State received the grant.
(6) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $10,000,000 for
each of fiscal years 2023 through 2027.
(b) Definitions.--In this section:
(1) The terms ``English learner'', ``secondary school'',
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).
(2) The term ``Native American languages'' has the meaning
given the term in section 103 of the Native American Languages
Act (25 U.S.C. 2902).
(3) The term ``Seal of Biliteracy program'' means any
program described in subsection (b)(1) that is established or
improved, and carried out, with funds received under this
section.
(4) The term ``second language'' means any language other
than English (or a Native American language, pursuant to
subsection (b)(1)(B)), including Braille, American Sign
Language, or a Classical language.
(5) The term ``Secretary'' means the Secretary of
Education.
SEC. 5907. PRESUMPTION OF CAUSE OF DISABILITY OR DEATH DUE TO
EMPLOYMENT IN FIRE PROTECTION ACTIVITIES.
(a) Certain 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.--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) Certain Diseases 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 a
minimum of 5 years in aggregate as an employee in fire
protection activities, a disease specified on the list
established under paragraph (2) shall be deemed to be
proximately caused by the employment of such employee.
``(2) Establishment of initial list.--There is established
under this section the following list of 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 while, or
not later than 24 hours after, engaging in the
activities described in subsection (b)(1)(C).
``(O) Testicular cancer.
``(P) Thyroid cancer.
``(3) Additions to the list.--
``(A) In general.--The Secretary shall periodically
review the list established under this section in
consultation with the Director of the National
Institute on Occupational Safety and Health and shall
add a disease to the list by rule, upon a showing by a
petitioner or on the Secretary's own determination, in
accordance with this paragraph.
``(B) Basis for determination.--The Secretary shall
add a disease to the list upon a showing by a
petitioner or the Secretary's own determination, based
on the weight of the best available scientific
evidence, that there is a significant risk to employees
in fire protection activities of developing such
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.
``(4) Petitions to add to the list.--
``(A) In general.--Any person may petition the
Secretary to add a disease to the list under this
section.
``(B) Content of petition.--Such petition shall
provide information to show that there is sufficient
evidence of a significant risk to employees in fire
protection activities of developing such illness or
disease from their employment.
``(C) Timely and substantive decisions.--Not later
than 18 months after receipt of a petition, the
Secretary shall either grant or deny the petition by
publishing in the Federal Register a written
explanation of the reasons for the Secretary's
decision. The Secretary may not deny a petition solely
on the basis of competing priorities, inadequate
resources, or insufficient time for review.
``(D) Notification to congress.--Not later than 30
days after making any decision to approve or deny a
petition under this paragraph, the Secretary shall
notify the Committee on Education and Labor of the
House of Representatives and the Committee on Homeland
Security and Government Affairs of the Senate of such
decision.
``(b) Definitions.--In this section:
``(1) Employee in fire protection activities.--The term
`employee in fire protection activities' means an employee
employed as a 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, and
extinguishment of fires or response to emergency
situations where life, property, or the environment is
at risk, including the prevention, control,
suppression, or management of wildland fires; and
``(D) performs such activities as a primary
responsibility of his or her job.
``(2) Secretary.--The term `Secretary' means Secretary of
Labor.''.
(2) Research cooperation.--Not later than 120 days after
the date of enactment of this Act, the Secretary of Labor shall
establish a process by which a Federal employee in fire
protection activities filing a claim related to a disease on
the list established by section 8143b of title 5, United States
Code, will 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
cancer, and rhabdomyolysis;
(B) add breast cancer, gynecological cancer, and
rhabdomyolysis to the list established under section
8143b of title 5, United States Code, by rule in
accordance with subsection (a)(3) of such section, if
the Secretary determines that such evidence supports
such addition; and
(C) submit a report of the Secretary's findings
under subparagraph (A) and the Secretary's
determination under subparagraph (B) to the Committee
on Education and Labor of the House and the Committee
on Homeland Security and Governmental Affairs of the
Senate.
(4) Report on federal wildland firefighters.--The Director
of the National Institute for Occupational Safety and Health
shall conduct a comprehensive study on long-term health effects
that Federal wildland firefighters who are eligible to receive
workers' compensation under chapter 81 of title 5, United
States Code, experience after being exposed to fires, smoke,
and toxic fumes when in service. Such study shall include--
(A) the race, ethnicity, age, gender, and time of
service of such Federal wildland firefighters
participating in the study; and
(B) recommendations to Congress on what legislative
actions are needed to support such Federal wildland
firefighters in preventing health issues from this
toxic exposure, similar to veterans that are exposed to
burn pits.
(5) Application.--The amendments made by this section shall
apply to claims for compensation filed on or after the date of
enactment of this Act.
(6) Report on affected employees.--Beginning 1 year after
the date of enactment of this Act, the Secretary shall include
in each annual report on implementation of the Federal
Employees' Compensation Act program and issues arising under it
that the Secretary makes pursuant to section 8152 of title 5,
United States Code, the total number and demographics of
employees with diseases and conditions described in the
amendments made by this Act as of the date of such annual
report, disaggregated by the specific condition or conditions,
for the purposes of understanding the scope of the problem. The
Secretary may include any information they deem necessary and,
as appropriate, may make recommendations for additional actions
that could be taken to minimize the risk of adverse health
impacts for Federal 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), by inserting ``continuation
of pay or'' before ``compensation''; and
(B) in subsection (c), by inserting ``continuation
of pay or'' before ``compensation already paid''.
(2) Adjustment after recovery from a third person.--Section
8132 of title 5, United States Code, is amended--
(A) by inserting ``continuation of pay or'' before
``compensation'' the first and second place it appears;
(B) by striking ``in his behalf'' and inserting
``on his behalf'';
(C) by inserting ``continuation of pay and'' before
``compensation'' the third place it appears; and
(D) by striking the 4th 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) Protection of Firefighters From Toxic Chemicals and Other
Contaminants.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Education and
Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
that evaluates the health and safety impacts on employees
engaged in fire protection activities that result from the
employees' exposure to toxic chemicals and other contaminants
that could cause human health problems. The report may include
information on--
(A) the degree to which such programs and policies
include consideration of the possibility of toxic
exposure of such employees who may come into contact
with residue from fibers, combusted building materials
such as asbestos, household chemicals, polymers, flame-
retardant chemicals, and other potentially toxic
contaminants;
(B) the availability and proper maintenance of
professional protective equipment and secure storage of
such equipment in employees' homes and automotive
vehicles;
(C) the availability of home instructions for
employees regarding toxins and contaminants, and the
appropriate procedures to counteract exposure to same;
(D) the employees' interests in protecting the
health and safety of family members from exposure to
toxic chemicals and other contaminants to which the
employees may have been exposed; and
(E) other related factors.
(2) Context.--In preparing the report required under
paragraph (1), the Comptroller General of the United States
may, as appropriate, provide information in a format that
delineates high risk urban areas from rural communities.
(3) Department of labor consideration.--After issuance of
the report required under paragraph (1), the Secretary of Labor
shall consider such report's findings and assess its
applicability for purposes of the amendments made by subsection
(b).
(d) Increase in Time-period for FECA Claimant to Supply Supporting
Documentation to Office of Worker's Compensation.--Not later than 60
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, by striking ``30 days'' and inserting ``60 days'';
and
(2) modify the Federal Employees Compensation Act manual to
reflect the changes to such section made by the Secretary
pursuant to paragraph (1).
SEC. 5908. DOCUMENTING AND RESPONDING TO DISCRIMINATION AGAINST
MIGRANTS ABROAD.
(a) Information to Include in Annual Country Reports on Human
Rights Practices.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.) is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) in paragraph (11)(C), by striking ``and'' at
the end;
(B) in paragraph (12)(C)(ii), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) wherever applicable, violence or discrimination that
affects the fundamental freedoms or human rights of migrants
located in a foreign country.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting
after the ninth sentence the following: ``Wherever applicable,
such report shall also include information regarding violence
or discrimination that affects the fundamental freedoms or
human rights of migrants permanently or temporarily located in
a foreign country.''.
(b) Review at Diplomatic and Consular Posts.--In preparing the
annual country reports on human rights practices required under section
116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and
2304), as amended by subsection (a), the Secretary of State shall
obtain information from each diplomatic and consular post with respect
to--
(1) incidents of violence against migrants located in the
country in which such post is located;
(2) an analysis of the factors enabling or aggravating such
incidents, such as government policy, societal pressure, or the
actions of external actors; and
(3) the response, whether public or private, of the
personnel of such post with respect to such incidents.
(c) Migrant.--For the purposes of this section and the amendments
made by this section, the term ``migrant'' includes economic migrants,
guest workers, refugees, asylum-seekers, stateless persons, trafficked
persons, undocumented migrants, and unaccompanied children, in addition
to other individuals who change their country of usual residence
temporarily or permanently.
SEC. 5909. EXTENDING THE STATUTE OF LIMITATIONS FOR CERTAIN MONEY
LAUNDERING OFFENSES.
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.''.
SEC. 5910. FOREIGN CORRUPTION ACCOUNTABILITY SANCTIONS AND CRIMINAL
ENFORCEMENT.
(a) In General.--
(1) Findings.--Congress finds the following:
(A) When public officials and their allies use the
mechanisms of government to engage in extortion or
bribery, they impoverish their countries' economic
health and harm citizens.
(B) By empowering the United States Government to
hold to account foreign public officials and their
associates who engage in extortion or bribery, the
United States can deter malfeasance and ultimately
serve the citizens of fragile countries suffocated by
corrupt bureaucracies.
(C) The Special Inspector General for Afghan
Reconstruction's 2016 report ``Corruption in Conflict:
Lessons from the U.S. Experience in Afghanistan''
included the recommendation, ``Congress should consider
enacting legislation that authorizes sanctions against
foreign government officials or their associates who
engage in corruption.''.
(2) Authorization of imposition of sanctions.--
(A) In general.--The Secretary of State may impose
the sanctions described in subparagraph (B) with
respect to any foreign person who is an individual the
Secretary of State determines--
(i) engages in public corruption activities
against a United States person, including--
(I) soliciting or accepting bribes;
(II) using the authority of the
state to extort payments; or
(III) engaging in extortion; or
(ii) conspires to engage in, or knowingly
and materially assists, sponsors, or provides
significant financial, material, or
technological support for any of the activities
described in clause (i).
(B) Sanctions described.--
(i) Inadmissibility to united states.--A
foreign person who is subject to sanctions
under this subsection shall be--
(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.).
(ii) Current visas revoked.--
(I) In general.--The visa or other
entry documentation of a foreign person
who is subject to sanctions under this
subsection shall be revoked regardless
of when such visa or other entry
documentation is issued.
(II) Effect of revocation.--A
revocation under subclause (I) shall--
(aa) take effect
immediately; and
(bb) automatically cancel
any other valid visa or entry
documentation that is in the
foreign person's possession.
(C) Exception to comply with law enforcement
objectives and agreement regarding headquarters of
united nations.--Sanctions described under subparagraph
(B) shall not apply to a foreign person if admitting
the person into the United States--
(i) would further important law enforcement
objectives; or
(ii) 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 of the
United States.
(D) Termination of sanctions.--The Secretary of
State may terminate the application of sanctions under
this paragraph with respect to a foreign person if the
Secretary of State determines and reports to the
appropriate congressional committees not later than 15
days before the termination of the sanctions that--
(i) the person is no longer engaged in the
activity that was the basis for the sanctions
or has taken significant verifiable steps
toward stopping the activity;
(ii) the Secretary of State has received
reliable assurances that the person will not
knowingly engage in activity subject to
sanctions under this part in the future; or
(iii) the termination of the sanctions is
in the national security interests of the
United States.
(E) Regulatory authority.--The Secretary of State
shall issue such regulations, licenses, and orders as
are necessary to carry out this paragraph.
(F) Appropriate congressional committees defined.--
In this paragraph, the term ``appropriate congressional
committees'' means--
(i) the Committee on the Judiciary and the
Committee on Foreign Affairs of the House of
Representatives; and
(ii) the Committee on the Judiciary and the
Committee on Foreign Relations of the Senate.
(3) Reports to congress.--
(A) In general.--The Secretary of State shall
submit to the appropriate congressional committees, in
accordance with subparagraph (B), a report that
includes--
(i) a list of each foreign person with
respect to whom the Secretary of State imposed
sanctions pursuant to paragraph (2) during the
year preceding the submission of the report;
(ii) the number of foreign persons with
respect to which the Secretary of State--
(I) imposed sanctions under
paragraph (2)(A) during that year; and
(II) terminated sanctions under
paragraph (2)(D) during that year;
(iii) the dates on which such sanctions
were imposed or terminated, as the case may be;
(iv) the reasons for imposing or
terminating such sanctions;
(v) the total number of foreign persons
considered under paragraph (2)C) for whom
sanctions were not imposed; and
(vi) recommendations as to whether the
imposition of additional sanctions would be an
added deterrent in preventing public
corruption.
(B) Dates for submission.--
(i) Initial report.--The Secretary of State
shall submit the initial report under
subparagraph (A) not later than 120 days after
the date of the enactment of this Act.
(ii) Subsequent reports.--The Secretary of
State shall submit a subsequent report under
subparagraph (A) on December 10, or the first
day thereafter on which both Houses of Congress
are in session, of--
(I) the calendar year in which the
initial report is submitted if the
initial report is submitted before
December 10 of that calendar year; and
(II) each calendar year thereafter.
(C) Form of report.--
(i) In general.--Each report required by
subparagraph (A) shall be submitted in
unclassified form, but may include a classified
annex.
(ii) Exception.--The name of a foreign
person to be included in the list required by
subparagraph (A)(i) may be submitted in the
classified annex authorized by clause (i) only
if the Secretary of State--
(I) determines that it is vital for
the national security interests of the
United States to do so; and
(II) uses the annex in a manner
consistent with congressional intent
and the purposes of this subsection.
(D) Public availability.--
(i) In general.--The unclassified portion
of the report required by subparagraph (A)
shall be made available to the public,
including through publication in the Federal
Register.
(ii) Nonapplicability of confidentiality
requirement with respect to visa records.--The
Secretary of State shall publish the list
required by subparagraph (A)(i) without regard
to the requirements of section 222(f) of the
Immigration and Nationality Act (8 U.S.C.
1202(f)) with respect to confidentiality of
records pertaining to the issuance or refusal
of visas or permits to enter the United States.
(E) Appropriate congressional committees defined.--
In this paragraph, the term ``appropriate congressional
committees'' means--
(i) the Committee on Foreign Affairs, and
the Committee on the Judiciary of the House of
Representatives; and
(ii) the Committee on Foreign Relations,
and the Committee on the Judiciary of the
Senate.
(4) Sunset.--
(A) In general.--The authority to impose sanctions
under paragraph (2) and the requirements to submit
reports under paragraph (3) shall terminate on the date
that is 6 years after the date of enactment of this
Act.
(B) Continuation in effect of sanctions.--Sanctions
imposed under paragraph (2) on or before the date
specified in subparagraph (A), and in effect as of such
date, shall remain in effect until terminated in
accordance with the requirements of paragraph (2)(D).
(5) Definitions.--In this subsection:
(A) Entity.--The term ``entity'' means a
partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization.
(B) Foreign person.--The term ``foreign person''
means a person that is not a United States person.
(C) United states person.--The term ``United States
person'' means a person that is a United States
citizen, permanent resident alien, entity organized
under the laws of the United States or any jurisdiction
within the United States (including foreign branches),
or any person in the United States.
(D) Person.--The term ``person'' means an
individual or entity.
(E) Public corruption.--The term ``public
corruption'' means the unlawful exercise of entrusted
public power for private gain, including by bribery,
nepotism, fraud, or embezzlement.
(b) Justice for Victims of Kleptocracy.--
(1) Forfeited property.--
(A) In general.--Chapter 46 of title 18, United
States Code, is amended by adding at the end the
following:
``Sec. 988. Accounting of certain forfeited property
``(a) Accounting.--The Attorney General shall make available to the
public an accounting of any property relating to foreign government
corruption that is forfeited to the United States under section 981 or
982.
``(b) Format.--The accounting described under subsection (a) shall
be published on the website of the Department of Justice in a format
that includes the following:
``(1) A heading as follows: `Assets stolen from the people
of ______ and recovered by the United States', the blank space
being filled with the name of the foreign government that is
the target of corruption.
``(2) The total amount recovered by the United States on
behalf of the foreign people that is the target of corruption
at the time when such recovered funds are deposited into the
Department of Justice Asset Forfeiture Fund or the Department
of the Treasury Forfeiture Fund.
``(c) Updated Website.--The Attorney General shall update the
website of the Department of Justice to include an accounting of any
new property relating to foreign government corruption that has been
forfeited to the United States under section 981 or 982 not later than
14 days after such forfeiture, unless such update would compromise an
ongoing law enforcement investigation.''.
(B) Clerical amendment.--The table of sections for
chapter 46 of title 18, United States Code, is amended
by adding at the end the following:
``988. Accounting of certain forfeited property.''.
(2) Sense of congress.--It is the sense of Congress that
recovered assets be returned for the benefit of the people
harmed by the corruption under conditions that reasonably
ensure the transparent and effective use, administration and
monitoring of returned proceeds.
SEC. 5911. 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 of the National
Institute of Standards and Technology, the Director, the
Secretary, and other stakeholders, as appropriate, determine
the sufficiency of underlying standards and 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.
SEC. 5912. AMENDMENT.
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. 5913. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE
CASES.
The Victims of Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is
amended--
(1) in section 211 (34 U.S.C. 20301)--
(A) in paragraph (1)--
(i) by striking ``3,300,000'' and inserting
``3,400,000''; and
(ii) by striking ``, and drug abuse is
associated with a significant portion of
these'';
(B) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively;
(C) by inserting afer paragraph (2) the following:
``(3) a key to a child victim healing from abuse is access
to supportive and healthy families and communities;''; and
(D) in paragraph (9)(B), as so redesignated, by
inserting ``, and operations of centers'' before the
period at the end;
(2) in section 212 (34 U.S.C. 20302)--
(A) in paragraph (5), by inserting ``coordinated
team'' before ``response''; and
(B) in paragraph (8), by inserting ``organizational
capacity'' before ``support'';
(3) in section 213 (34 U.S.C. 20303)--
(A) in subsection (a)--
(i) in the heading, by inserting ``and
Maintenance'' after ``Establishment'';
(ii) in the matter preceding paragraph
(1)--
(I) by striking ``, in coordination
with the Director of the Office of
Victims of Crime,''; and
(II) by inserting ``and maintain''
after ``establish'';
(iii) in paragraph (3)--
(I) by striking ``and victim
advocates'' and inserting ``victim
advocates, multidisciplinary team
leadership, and children's advocacy
center staff''; and
(II) by striking ``and'' at the
end;
(iv) by redesignating paragraph (4) as
paragraph (5);
(v) by inserting after paragraph (3) the
following:
``(4) provide technical assistance, training, coordination,
and organizational capacity support for State chapters; and'';
and
(vi) in paragraph (5), as so redesignated,
by striking ``and oversight to'' and inserting
``organizational capacity support, and
oversight of'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by
inserting ``and maintain'' after
``establish''; and
(II) in the matter following
subparagraph (B), by striking ``and
technical assistance to aid communities
in establishing'' and inserting
``training and technical assistance to
aid communities in establishing and
maintaining''; and
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) in clause (ii), by
inserting ``Center'' after
``Advocacy''; and
(bb) in clause (iii), by
striking ``of, assessment of,
and intervention in'' and
inserting ``and intervention in
child''; and
(II) in subparagraph (B), by
striking ``centers and interested
communities'' and inserting ``centers,
interested communities, and chapters'';
and
(C) in subsection (c)--
(i) in paragraph (2)--
(I) in subparagraph (B), by
striking ``evaluation, intervention,
evidence gathering, and counseling''
and inserting ``investigation and
intervention in child abuse''; and
(II) in subparagraph (E), by
striking ``judicial handling of child
abuse and neglect'' and inserting
``multidisciplinary response to child
abuse'';
(ii) in paragraph (3)(A)(i), by striking
``so that communities can establish
multidisciplinary programs that respond to
child abuse'' and inserting ``and chapters so
that communities can establish and maintain
multidisciplinary programs that respond to
child abuse and chapters can establish and
maintain children's advocacy centers in their
State'';
(iii) in paragraph (4)(B)--
(I) in clause (iii), by striking
``and'' at the end;
(II) in by redesignating clause
(iv) as clause (v); and
(III) by inserting after clause
(iii) the following:
``(iv) best result in supporting chapters
in each State; and''; and
(iv) in paragraph (6), by inserting ``under
this Act'' after ``recipients'';
(4) in section 214 (34 U.S.C. 20304)--
(A) by striking subsection (a) and inserting the
following:
``(a) In General.--The Administrator shall make grants to--
``(1) establish and maintain a network of care for child
abuse victims where investigation, prosecutions, and
interventions are continually occurring and coordinating
activities within local children's advocacy centers and
multidisciplinary teams;
``(2) develop, enhance, and coordinate multidisciplinary
child abuse investigations, intervention, and prosecution
activities;
``(3) promote the effective delivery of the evidence-based,
trauma-informed Children's Advocacy Center Model and the
multidisciplinary response to child abuse; and
``(4) develop and disseminate practice standards for care
and best practices in programmatic evaluation, and support
State chapter organizational capacity and local children's
advocacy center organizational capacity and operations in order
to meet such practice standards and best practices.'';
(B) in subsection (b), by striking ``, in
coordination with the Director of the Office of Victims
of Crime,'';
(C) in subsection (c)(2)--
(i) in subparagraph (C), by inserting ``to
the greatest extent practicable, but in no case
later than 72 hours,'' after ``hours''; and
(ii) by striking subparagraphs (D) through
(I) and inserting the following:
``(D) Forensic interviews of child victims by
trained personnel that are used by law enforcement,
health, and child protective service agencies to
interview suspected abuse victims about allegations of
abuse.
``(E) Provision of needed follow up services such
as medical care, mental healthcare, and victims
advocacy services.
``(F) A requirement that, to the extent
practicable, all interviews and meetings with a child
victim occur at the children's advocacy center or an
agency with which there is a linkage agreement
regarding the delivery of multidisciplinary child abuse
investigation, prosecution, and intervention services.
``(G) Coordination of each step of the
investigation process to eliminate duplicative forensic
interviews with a child victim.
``(H) Designation of a director for the children's
advocacy center.
``(I) Designation of a multidisciplinary team
coordinator.
``(J) Assignment of a volunteer or staff advocate
to each child in order to assist the child and, when
appropriate, the child's family, throughout each step
of intervention and judicial proceedings.
``(K) Coordination with State chapters to assist
and provide oversight, and organizational capacity that
supports local children's advocacy centers,
multidisciplinary teams, and communities working to
implement a multidisciplinary response to child abuse
in the provision of evidence-informed initiatives,
including mental health counseling, forensic
interviewing, multidisciplinary team coordination, and
victim advocacy.
``(L) Such other criteria as the Administrator
shall establish by regulation.''; and
(D) by striking subsection (f) and inserting the
following:
``(f) Grants to State Chapters for Assistance to Local Children's
Advocacy Centers.--In awarding grants under this section, the
Administrator shall ensure that a portion of the grants is distributed
to State chapters to enable State chapters to provide oversight,
training, and technical assistance to local centers on evidence-
informed initiatives including mental health, counseling, forensic
interviewing, multidisciplinary team coordination, and victim
advocacy.'';
(5) in section 214A (34 U.S.C. 20305)--
(A) in subsection (a)--
(i) in paragraph (1), by striking
``attorneys and other allied'' and inserting
``prosecutors and other attorneys and allied'';
and
(ii) in paragraph (2)(B), by inserting
``Center'' after ``Advocacy''; and
(B) in subsection (b)(1), by striking subparagraph
(A) and inserting the following:
``(A) a significant connection to prosecutors who
handle child abuse cases in State courts, such as a
membership organization or support service providers;
and''; and
(6) by striking section 214B (34 U.S.C. 20306) and
inserting the following:
``SEC. 214B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out sections
213, 214, and 214A, $40,000,000 for each of fiscal years 2023 through
2029.''.
SEC. 5914. 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 President, acting through the Secretary of
State and 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 the United States Government is taking to
address the aforementioned impacts.
(5) Any cooperation between the United States Government
with allies and partners to address the aforementioned impacts.
(6) The potential impact of food insecurity on Department
of Defense goals and objectives in Lebanon.
(c) Appropriate Congressional Committees.--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. 5915. DESIGNATION OF EL PASO COMMUNITY HEALING GARDEN NATIONAL
MEMORIAL.
(a) Designation.--The Healing Garden located at 6900 Delta Drive,
El Paso, Texas, is designated as the ``El Paso Community Healing Garden
National Memorial''.
(b) Effect of Designation.--The national memorial designated by
this section is not a unit of the National Park System and the
designation of the El Paso Community Healing Garden National Memorial
shall not require or authorize Federal funds to be expended for any
purpose related to that national memorial.
SEC. 5916. ADMINISTRATOR OF GENERAL SERVICES STUDY ON COUNTERFEIT ITEMS
ON E-COMMERCE PLATFORMS OF THE GENERAL SERVICES
ADMINISTRATION.
The Administrator of General Services shall--
(1) conduct a study that tracks the number of counterfeit
items on e-commerce platforms of the General Services
Administration annually to ensure that the products being
advertised are from legitimate vendors; and
(2) submit an annual report on the findings of such study
to the Committees on Armed Services, Oversight and Reform,
Small Business, and Homeland Security of the House of
Representatives.
SEC. 5917. REPORT ON REMOVAL OF SERVICE MEMBERS.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act and monthly thereafter, the Secretary of Homeland
Security, in coordination with the Secretary of Veteran Affairs, the
Secretary of Defense, and the Secretary of State shall submit to the
Committees on the Judiciary of the House of Representatives and the
Senate, the Committees on Veteran Affairs of the House of
Representatives and the Senate, and the Committees on Appropriations of
the House of Representatives and the Senate a report detailing how many
noncitizen service members, veterans and immediate family members of
service members were removed during the period beginning on January 1,
2010, and ending on the date of the report.
(b) Elements.--The report required by subsection (a) shall include
the following for each person removed:
(1) the individual's name;
(2) the individual's address;
(3) the individual's contact information;
(4) any known U.S. citizen family members in the U.S.;
(5) where the individual was removed to; and
(6) the reason for removal.
(c) GAO Report.--Not later than 120 days after the date of
enactment of this Act, the Comptroller General of the United States
shall update GAO report number-19-416 to identify progress made and
further actions needed to better handle, identify, and track cases
involving veterans.
(d) Confidentiality.--The report under subsection (a) may not be
published and shall be exempt from disclosure under section
552(b)(3)(B) of title 5, United States Code.
SEC. 5918. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN CONTRACTORS
OR GRANTEES THAT REQUIRE NONDISPARAGEMENT OR
NONDISCLOSURE CLAUSE RELATED TO SEXUAL HARASSMENT AND
SEXUAL ASSAULT.
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 any other Federal agency may be obligated or expended for
any Federal contract or grant in excess of $1,000,000, awarded after
the date of enactment of this Act, unless the contractor or grantee
agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires the employee or
contractor to agree to a nondisparagement or nondisclosure
clause related to sexual harassment and sexual assault, as
defined under any applicable Federal, State, or Tribal law--
(A) as a condition of employment, promotion,
compensation, benefits, or change in employment status
or contractual relationship; or
(B) as a term, condition, or privilege of
employment; or
(2) take any action to enforce any predispute nondisclosure
or nondisparagement provision of an existing agreement with an
employee or independent contractor that covers sexual
harassment and sexual assault, as defined under any applicable
Federal, State, or Tribal law.
SEC. 5919. DEPARTMENT OF HOMELAND SECURITY OFFICE FOR CIVIL RIGHTS AND
CIVIL LIBERTIES AUTHORIZATION.
(a) Officer for Civil Rights and Civil Liberties.--
(1) In general.--Section 705 of the Homeland Security Act
of 2002 (6 U.S.C. 345) is amended--
(A) in the section heading, by striking
``establishment of''; and
(B) by striking subsections (a) and (b) and
inserting the following new subsections:
``(a) Establishment.--
``(1) In general.--There is established within the
Department an Office for Civil Rights and Civil Liberties
(referred to in this section as the `Office'). The head of the
Office is the Officer for Civil Rights and Civil Liberties
(referred to in this section as the `Officer'), who shall
report directly to the Secretary.
``(2) Duties.--The Secretary and the head of each component
shall--
``(A) ensure that the Officer for Civil Rights and
Civil Liberties of the Department and the Officer for
Civil Rights and Civil Liberties of such component--
``(i) have the information, materials, and
resources necessary to carry out the functions
of the Office;
``(ii) are consulted in advance of new or
proposed changes to policies, programs,
initiatives, and activities impacting civil
rights and civil liberties; and
``(iii) are given full and complete access
to all materials and personnel necessary to
carry out the functions of the Office; and
``(B) consider advice and recommendations from the
Officer for Civil Rights and Civil Liberties of the
Department in the development and implementation of
policies, programs, initiatives, and activities
impacting civil rights and civil liberties.
``(b) Responsibilities.--The Officer shall carry out the following
responsibilities:
``(1) Oversee compliance with constitutional, statutory,
regulatory, policy, and other requirements relating to the
civil rights and civil liberties of individuals affected by the
policies, programs, initiatives, and activities of the
Department.
``(2) Review and assess information concerning abuses of
civil rights and civil liberties, and profiling on the basis of
race, ethnicity, or religion, by employees and officials of the
Department.
``(3) Integrate civil rights and civil liberties
protections into all policies, programs, initiatives, and
activities of the Department.
``(4) Conduct civil rights and civil liberties impact
assessments, as appropriate, including such assessments prior
to the implementation of new Department regulations, policies,
programs, initiatives, and activities.
``(5) Conduct periodic reviews and assessments of policies,
programs, initiatives, and activities of the Department
relating to civil rights and civil liberties, including reviews
and assessments initiated by the Officer.
``(6) Provide policy advice, recommendations, and other
technical assistance relating to civil rights and civil
liberties to the Secretary, and the heads of components, and
other personnel within the Department.
``(7) Review, assess, and investigate complaints, including
complaints filed by members of the public, and information
indicating possible abuses of civil rights or civil liberties
at the Department, unless the Inspector General of the
Department determines that any such complaint should be
investigated by the Inspector General.
``(8) Initiate reviews, investigations, and assessments of
the administration of the policies, programs, initiatives, and
activities of the Department relating to civil rights and civil
liberties.
``(9) Coordinate with the Privacy Officer to ensure that--
``(A) policies, programs, initiatives, and
activities involving civil rights, civil liberties, and
privacy considerations are addressed in an integrated
and comprehensive manner; and
``(B) Congress receives appropriate reports
regarding such policies, programs, initiatives, and
activities.
``(10) Lead the equal employment opportunity programs of
the Department, including complaint management and
adjudication, workforce diversity, and promotion of the merit
system principles.
``(11) Make publicly available through accessible
communications channels, including the website of the
Department--
``(A) information on the responsibilities and
functions of, and how to contact, the Office;
``(B) summaries of the investigations carried out
pursuant to paragraphs (7) and (8) that result in
recommendations; and
``(C) summaries of impact assessments and periodic
reviews and assessments carried out pursuant to
paragraphs (4) and (5), respectively, that are issued
by the Officer.
``(12) Engage with individuals, stakeholders, and
communities the civil rights and civil liberties of which may
be affected by the policies, programs, initiatives, and
activities of the Department, including by--
``(A) informing such individuals, stakeholders, and
communities concerning such policies, programs,
initiatives, and activities;
``(B) providing information for how to report and
access redress processes; and
``(C) providing Department leadership and other
personnel within the Department feedback from such
individuals, stakeholders, and communities on the civil
rights and civil liberties impacts of such policies,
programs, initiatives, and activities, and working with
State, local, Tribal, and territorial homeland security
partners to enhance the Department's policymaking and
program implementation.
``(13) Lead a language access program for the Department to
ensure the Department effectively communicates with all
individuals impacted by programs and activities of the
Department, including those with limited English proficiency.
``(14) Participate in the hiring or designation of a civil
rights and civil liberties officer within each component and
participate in the performance review process for such officer.
``(c) Authority to Investigate.--
``(1) In general.--For the purposes of subsection (b), the
Officer shall--
``(A) have access to all materials and personnel
necessary to carry out the functions of the Office
under this subsection;
``(B) make such investigations and reports relating
to the administration of the programs and operations of
the Department as are necessary or appropriate; and
``(C) administer to or take from any person an
oath, affirmation, or affidavit, whenever necessary to
performance of the responsibilities of the Officer
under this section.
``(2) Effect of oaths.--Any oath, affirmation, or affidavit
administered or taken pursuant to paragraph (1)(C) by or before
an employee of the Office designated for that purpose by the
Officer shall have the same force and effect as if administered
or taken by or before an officer having a seal of office.
``(d) Notification Requirement.--In the case of a complaint made
concerning allegations of abuses of civil rights and civil liberties
under paragraph (7) of subsection (b), the Officer shall--
``(1) provide to the individual who made the complaint
notice of the receipt of such complaint within 30 days of
receiving the complaint; and
``(2) inform the complainant of the determination of the
Office regarding--
``(A) the initiation of a review, assessment, or
investigation by the Office;
``(B) a referral to the Inspector General of the
Department; or
``(C) any other action taken.
``(e) Coordination With Inspector General.--
``(1) In general.--
``(A) Referral.--Before initiating an investigation
initiated by the Officer pursuant to paragraph (7) or
(8) of subsection (b), the Officer shall refer the
matter at issue to the Inspector General of the
Department.
``(B) Determinations and notifications by inspector
general.--Not later than seven days after the receipt
of a matter at issue under subparagraph (A), the
Inspector General shall--
``(i) make a determination regarding
whether the Inspector General intends to
initiate an investigation of such matter; and
``(ii) notify the Officer of such
determination.
``(C) Investigations.--If the Secretary determines
that a complaint warrants both the Officer and the
Inspector General conducting investigations
concurrently, jointly, or in some other manner, the
Secretary may authorize the Officer to conduct an
investigation in such manner as the Secretary directs.
``(D) Notification by the officer.--If the Officer
does not receive notification of a determination
pursuant to subparagraph (B)(ii), the Officer shall
notify the Inspector General of whether the Officer
intends to initiate an investigation into the matter at
issue.
``(f) Recommendations; Response.--
``(1) In general.--In the case of an investigation
initiated by the Officer pursuant to paragraph (7) or (8) of
subsection (b), if such an investigation results in the
issuance of recommendations,the Officer shall produce a report
that--
``(A) includes the final findings and
recommendations of the Officer;
``(B) is made publicly available in summary form;
``(C) does not include any personally identifiable
information; and
``(D) may include a classified annex.
``(2) Transmission.--The Officer shall transmit to the
Secretary and the head of the relevant component a copy of each
report under paragraph (1).
``(3) Response.--
``(A) In general.--Not later than 45 days after the
date on which the Officer transmits to the head of a
component a copy of a report pursuant to paragraph (2),
such head shall submit to the Secretary and the Officer
a response to such report.
``(B) Rule of construction.--In the response
submitted pursuant to subparagraph (A), each
recommendation contained in the report transmitted
pursuant to paragraph (2) with which the head of the
component at issue concurs shall be deemed an accepted
recommendation of the Department.
``(C) Nonconcurrence; appeal.--If the head of a
component does not concur with a recommendation
contained in the report transmitted pursuant to
paragraph (2), or if such head does not respond to a
recommendation within 45 days in accordance with
subparagraph (A), the Officer may appeal to the
Secretary.
``(D) Result.--If the Officer appeals to the
Secretary pursuant to subparagraph (C), the Secretary
shall, not later than 60 days after the date on which
the Officer appeals--
``(i) accept the Officer's recommendation,
which recommendation shall be deemed the
accepted recommendation of the Department; or
``(ii) accept the nonconcurrence of the
head of the component at issue if transmitted
in accordance with subparagraph (A).
``(g) Reporting.--
``(1) In general.--In the case of an investigation
initiated by the Officer pursuant to paragraph (7) or (8) of
subsection (b), if such an investigation resulted in the
issuance of recommendations, the Officer shall, on an annual
basis, make publicly available through accessible
communications channels, including the website of the
Department--
``(A) a summary of investigations that are
completed, consistent with section 1062(f)(1) of the
Intelligence Reform and Terrorism Prevention Act of
2004 (42 U.S.C. 2000ee-1(f)(2));
``(B) the accepted recommendations of the
Department, if any; and
``(C) a summary of investigations that result in
final recommendations that are issued by the Officer.
``(2) Prohibition.--Materials made publicly available
pursuant to paragraph (1) may not include any personally
identifiable information related to any individual involved in
the investigation at issue.
``(h) Component Civil Rights and Civil Liberties Officers.--
``(1) In general.--Any component that has an Officer for
Civil Rights and Civil Liberties of such component shall ensure
that such Officer for Civil Rights and Civil Liberties of such
component shall coordinate with and provide information to the
Officer for Civil Rights and Civil Liberties of the Department
on matters related to civil rights and civil liberties within
each such component.
``(2) Officers of operational components.--The head of each
operational component, in consultation with the Officer for
Civil Rights and Civil Liberties of the Department, shall hire
or designate a career appointee (as such term is defined in
section 3132 of title 5, United States Code) from such
component as the Officer for Civil Rights and Civil Liberties
of such operational component.
``(3) Responsibilities.--Each Officer for Civil Rights and
Civil Liberties of each component--
``(A) shall have access in a timely manner to the
information, materials, and information necessary to
carry out the functions of such officer;
``(B) shall be consulted in advance of new or
proposed changes to component policies, programs,
initiatives, and activities impacting civil rights and
civil liberties;
``(C) shall be given full and complete access to
all component materials and component personnel
necessary to carry out the functions of such officer;
``(D) may, to the extent the Officer for Civil
Rights and Civil Liberties of the Department determines
necessary, and subject to the approval of the
Secretary, administer to or take from any person an
oath, affirmation, or affidavit, whenever necessary in
the performance of the responsibilities of each such
component Officer under this section; and
``(E) may administer any oath, affirmation, or
affidavit, and such oath, affirmation, shall have the
same force and effect as if administered or taken by or
before an officer having a seal of office.
``(i) Annual Report.--Not later than March 31 of each year, the
Officer shall submit to the Committee on Homeland Security of the House
of Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and any other Committee of the House of
Representatives or the Senate, as the case may be, the Officer
determines relevant, a report on the implementation of this section
during the immediately preceding fiscal year. Each such annual report
shall be prepared and submitted for supervisory review and appropriate
comment or amendment by the Secretary prior to submission to such
committees, and the Officer shall consider and incorporate any comments
or amendments as a result of such review. Each such report shall
include, for the year covered by such report, the following:
``(1) A list of Department regulations, policies, programs,
initiatives, and activities for which civil rights and civil
liberties impact assessments were conducted, or policy advice,
recommendations, or other technical assistance was provided.
``(2) An assessment of the efforts of the Department to
effectively communicate with all individuals impacted by
programs and activities of the Department, including those with
limited English proficiency through the language access program
referred to in subsection (b)(13).
``(3) A summary of investigations under paragraph (7) or
(8) of subsection (b) resulting in recommendations issued
pursuant to subsection (f), together with information on the
status of the implementation of such recommendations by the
component at issue.
``(4) Information on the diversity and equal employment
opportunity activities of the Department, including information
on complaint management and adjudication of equal employment
opportunity complaints, and efforts to ensure compliance
throughout the Department with equal employment opportunity
requirements.
``(5) A description of any efforts, including public
meetings, to engage with individuals, stakeholders, and
communities the civil rights and civil liberties of which may
be affected by policies, programs, initiatives, and activities
of the Department.
``(6) Information on total staffing for the Office,
including--
``(A) the number of full-time, part-time, and
contract support personnel; and
``(B) information on the number of employees whose
primary responsibilities include supporting the Officer
in carrying out paragraph (10) of subsection (b).
``(7) If required, a classified annex.
``(j) Definition.--In this section, the term `component' means any
operational component, non-operational component, directorate, or
office of the Department.''.
(2) Clerical amendment.--The item relating to section 705
in section 1(b) of the Homeland Security Act of 2002 is amended
to read as follows:
``Sec. 705. Officer for Civil Rights and Civil Liberties''.
(3) Reporting to congress.--Section 1062(f)(1)(A)(i) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee-1(f)(1)(A)(i)) is amended by striking ``the
Committee on Oversight and Government Reform of the House of
Representatives'' and inserting ``the Committee on Homeland
Security of the House of Representatives, the Committee on
Oversight and Reform of the House of Representatives''.
(b) Comptroller General Review.--Not later than two years after the
date of the enactment of this section, the Comptroller General of the
United States shall submit to Congress a report on the implementation
of subsection (b)(12) of section 705 of the Homeland Security Act of
2002 (6 U.S.C. 345), as amended by subsection (a).
SEC. 5920. MODIFICATION TO PEACEKEEPING OPERATIONS REPORT.
Section 6502 of the National Defense Authorization Act for Fiscal
Year 2022 (135 Stat. 2422) is amended--
(1) in subsection (a)--
(A) by amendment paragraph (4) to read as follows:
``(4) As applicable, 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) by amending the heading to read as follows:
``Reports''; 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. 5921. REPORT TO CONGRESS BY SECRETARY OF STATE ON GOVERNMENT-
ORDERED INTERNET OR TELECOMMUNICATIONS SHUTDOWNS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall submit to 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 a report that--
(1) describes incidents, occurring during the 5-year period
preceding the date of the submission of the report, of
government-ordered internet or telecommunications shutdowns in
foreign countries;
(2) analyzes the impact of such shutdowns on global
security and the human rights of those affected; and
(3) contains a strategy for engaging with the international
community to respond to such shutdowns.
SEC. 5922. SURVIVORS' BILL OF RIGHTS.
(a) Definition of Covered Formula Grant.--In this section, 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'').
(b) Grant Increase.--The Attorney General shall increase the amount
of the covered formula grant provided to a State in accordance with
this section 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.
(c) Application.--A State seeking an increase to a covered formula
grant under this section 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 subsection (b).
(d) 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 section more than 4 times.
SEC. 5923. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL EXPERTS TO
PROMOTE AND PROTECT NATIONAL SECURITY INNOVATION BASE.
(a) Special Immigrant Status.--In accordance with the procedures
established under subsection (f)(1), and subject to subsection (c)(1),
the Secretary of Homeland Security may provide an alien described in
subsection (b) (and the spouse and each child of the alien if
accompanying or following to join the alien) with the status of a
special immigrant under section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)), if the alien--
(1) submits a classification petition under section
204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
(2) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for lawful
permanent residence.
(b) Aliens Described.--An alien is described in this subsection
if--
(1) the alien--
(A) is employed by a United States employer and
engaged in work to promote and protect the National
Security Innovation Base;
(B) is engaged in basic or applied research, funded
by the Department of Defense, through a United States
institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)); or
(C) possesses scientific or technical expertise
that will advance the development of critical
technologies identified in the National Defense
Strategy or the National Defense Science and Technology
Strategy, required by section 218 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1679 ); and
(2) the Secretary of Defense issues a written statement to
the Secretary of Homeland Security confirming that the
admission of the alien is essential to advancing the research,
development, testing, or evaluation of critical technologies
described in paragraph (1)(C) or otherwise serves national
security interests.
(c) Numerical Limitations.--
(1) In general.--The total number of principal aliens who
may be provided special immigrant status under this section may
not exceed--
(A) 10 in each of fiscal years 2023 through 2032;
and
(B) 100 in fiscal year 2033 and each fiscal year
thereafter.
(2) Exclusion from numerical limitation.--Aliens provided
special immigrant status under this section shall not be
counted against the numerical limitations under sections
201(d), 202(a), and 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(d) Defense Competition for Scientists and Technical Experts.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall develop and implement a process to select,
on a competitive basis from among individuals described in subsection
(b), individuals for recommendation to the Secretary of Homeland
Security for special immigrant status described in subsection (a).
(e) Authorities.--In carrying out this section, the Secretary of
Defense shall authorize appropriate personnel of the Department of
Defense to use all personnel and management authorities available to
the Department, including the personnel and management authorities
provided to the science and technology reinvention laboratories, the
Major Range and Test Facility Base (as defined in 196(i) of title 10,
United States Code), and the Defense Advanced Research Projects Agency.
(f) Procedures.--Not later than 360 days after the date of the
enactment of this Act, the Secretary of Homeland Security and Secretary
of Defense shall jointly establish policies and procedures implementing
the provisions in this section, which shall include procedures for--
(1) processing of petitions for classification submitted
under subsection (a)(1) and applications for an immigrant visa
or adjustment of status, as applicable; and
(2) thorough processing of any required security
clearances.
(g) Fees.--The Secretary of Homeland Security shall establish a
fee--
(1) to be charged and collected to process an application
filed under this section; and
(2) that is set at a level that will ensure recovery of the
full costs of such processing and any additional costs
associated with the administration of the fees collected.
(h) Implementation Report Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Homeland
Security and Secretary of Defense shall jointly submit to the
appropriate congressional committees a report that includes--
(1) a plan for implementing the authorities provided under
this section; and
(2) identification of any additional authorities that may
be required to assist the Secretaries in fully implementing
section.
(i) Program Evaluation and Report.--
(1) Evaluation.--The Comptroller General of the United
States shall conduct an evaluation of the competitive program
and special immigrant program described in subsections (a)
through (g).
(2) Report.--Not later than October 1, 2026, the
Comptroller General shall submit to the appropriate
congressional committees a report on the results of the
evaluation conducted under paragraph (1).
(j) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on the Judiciary of the Senate.
(2) The term ``National Security Innovation Base'' means
the network of persons and organizations, including Federal
agencies, institutions of higher education, Federally funded
research and development centers, defense industrial base
entities, nonprofit organizations, commercial entities, and
venture capital firms that are engaged in the military and non-
military research, development, funding, and production of
innovative technologies that support the national security of
the United States.
SEC. 5924. DELAWARE RIVER BASIN CONSERVATION REAUTHORIZATION.
(a) Cost Sharing.--Section 3504(c)(1) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1775) is
amended--
(1) by striking ``The Federal share'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), the Federal share''; and
(2) by adding at the end the following:
``(B) Small, rural, and disadvantaged
communities.--
``(i) In general.--Subject to clause (ii),
the Federal share of the cost of a project
funded under the grant program that serves a
small, rural, or disadvantaged community shall
be 90 percent of the total cost of the project,
as determined by the Secretary.
``(ii) Waiver.--The Secretary may increase
the Federal share under clause (i) to 100
percent of the total cost of the project if the
Secretary determines that the grant recipient
is unable to pay, or would experience
significant financial hardship if required to
pay, the non-Federal share.''.
(b) Repeal of Prohibition on Use of Funds for Federal Acquisition
of Interests in Land.--Section 3506 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1775) is
repealed.
(c) Sunset.--Section 3507 of the Water Infrastructure Improvements
for the Nation Act (Public Law 114-322; 130 Stat. 1775) is amended by
striking ``2023'' and inserting ``2030''.
Subtitle B--Rights for the TSA Workforce Act of 2022
SEC. 5931. SHORT TITLE.
This subtitle may be cited as the ``Rights for the Transportation
Security Administration Workforce Act of 2022'' or the ``Rights for the
TSA Workforce Act of 2022''.
SEC. 5932. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``adjusted basic pay'' means--
(A) the rate of pay fixed by law or administrative
action for the position held by a covered employee
before any deductions; and
(B) any regular, fixed supplemental payment for
non-overtime hours of work creditable as basic pay for
retirement purposes, including any applicable locality
payment and any special rate supplement;
(2) the term ``Administrator'' means the Administrator of
the Transportation Security Administration;
(3) the term ``appropriate congressional committees'' means
the Committees on Homeland Security and Oversight and Reform of
the House of Representatives and the Committees on Commerce,
Science, and Transportation and Homeland Security and
Governmental Affairs of the Senate;
(4) the term ``at-risk employee'' means a Transportation
Security Officer, Federal Air Marshal, canine handler, or any
other employee of the Transportation Security Administration
carrying out duties that require substantial contact with the
public during the COVID-19 national emergency;
(5) the term ``conversion date'' means the date as of which
subparagraphs (A) through (F) of section 5933(c)(1) take
effect;
(6) the term ``covered employee'' means an employee who
holds a covered position;
(7) the term ``covered position'' means a position within
the Transportation Security Administration;
(8) the term ``COVID-19 national emergency'' means the
national emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020,
with respect to the coronavirus;
(9) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code;
(10) the term ``Secretary'' means the Secretary of Homeland
Security;
(11) the term ``TSA personnel management system'' means any
personnel management system established or modified under--
(A) section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note); or
(B) section 114(n) of title 49, United States Code;
(12) the term ``TSA'' means the Transportation Security
Administration; and
(13) the term ``2019 Determination'' means the publication,
entitled ``Determination on Transportation Security Officers
and Collective Bargaining'', issued on July 13, 2019, by
Administrator David P. Pekoske, as modified, or any superseding
subsequent determination.
SEC. 5933. CONVERSION OF TSA PERSONNEL.
(a) Restrictions on Certain Personnel Authorities.--
(1) In general.--Notwithstanding any other provision of
law, and except as provided in paragraph (2), effective as of
the date of the enactment of this Act--
(A) any TSA personnel management system in use for
covered employees and covered positions on the day
before such date of enactment, and any TSA personnel
management policy, letter, guideline, or directive in
effect on such day may not be modified;
(B) no TSA personnel management policy, letter,
guideline, or directive that was not established before
such date issued pursuant to section 111(d) of the
Aviation and Transportation Security Act (49 U.S.C.
44935 note) or section 114(n) of title 49, United
States Code, may be established; and
(C) any authority to establish or adjust a human
resources management system under chapter 97 of title
5, United States Code, shall terminate with respect to
covered employees and covered positions.
(2) Exceptions.--
(A) Pay.--Notwithstanding paragraph (1)(A), the
limitation in that paragraph shall not apply to any TSA
personnel management policy, letter, guideline, or
directive related to annual adjustments to pay
schedules and locality-based comparability payments in
order to maintain parity with such adjustments
authorized under section 5303, 5304, 5304a, and 5318 of
title 5, United States Code; and
(B) Additional policy.--Notwithstanding paragraph
(1)(B), new TSA personnel management policy may be
issued if--
(i) such policy is needed to resolve a
matter not specifically addressed in policy in
effect on the date of enactment of this Act;
and
(ii) the Secretary provides such policy,
with an explanation of its necessity, to the
appropriate congressional committees not later
than 7 days of issuance.
(C) Emerging threats to transportation security
during transition period.--Notwithstanding paragraph
(1), any TSA personnel management policy, letter,
guideline, or directive related to an emerging threat
to transportation security, including national
emergencies or disasters and public health threats to
transportation security, may be modified or established
until the conversion date. The Secretary shall provide
to the appropriate congressional committees any
modification or establishment of such a TSA personnel
management policy, letter, guideline, or directive,
with an explanation of its necessity, not later than 7
days of such modification or establishment.
(b) Personnel Authorities During Transition Period.--Any TSA
personnel management system in use for covered employees and covered
positions on the day before the date of enactment of this Act and any
TSA personnel management policy, letter, guideline, or directive in
effect on the day before the date of enactment of this Act shall remain
in effect until the conversion date.
(c) Transition to Title 5.--
(1) In general.--Except as provided in paragraph (2),
effective as of the date determined by the Secretary, but in no
event later than December 31, 2022--
(A) the TSA personnel management system shall cease
to be in effect;
(B) section 114(n) of title 49, United States Code,
is repealed;
(C) section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note) is
repealed;
(D) any TSA personnel management policy, letter,
guideline, and directive, including the 2019
Determination, shall cease to be effective;
(E) any human resources management system
established or adjusted under chapter 97 of title 5,
United States Code, with respect to covered employees
or covered positions shall cease to be effective; and
(F) covered employees and covered positions shall
be subject to the provisions of title 5, United States
Code.
(2) Chapters 71 and 77 of title 5.--Not later than 90 days
after the date of enactment of this Act--
(A) chapter 71 and chapter 77 of title 5, United
States Code, shall apply to covered employees carrying
out screening functions pursuant to section 44901 of
title 49, United States Code; and
(B) any policy, letter, guideline, or directive
issued under section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note)
related to matters otherwise covered by such chapter 71
or 77 shall cease to be in effect.
(3) Assistance of other agencies.--Not later than 180 days
after the date of enactment of this Act or December 31, 2022,
whichever is earlier--
(A) the Office of Personnel Management shall
establish a position series and classification standard
for the positions of Transportation Security Officer,
Federal Air Marshal, Transportation Security Inspector,
and other positions requested by the Administrator; and
(B) the Department of Agriculture's National
Finance Center shall make necessary changes to its
Financial Management Services and Human Resources
Management Services to ensure payroll, leave, and other
personnel processing systems for TSA personnel are
commensurate with chapter 53 of title 5, United States
Code, and provide functions as needed to implement this
subtitle.
(d) Safeguards on Grievances and Appeals.--
(1) In general.--Each covered employee with a grievance or
appeal pending within TSA on the date of the enactment of this
Act or initiated during the transition period described in
subsection (c) shall have the right to have such grievance or
appeal removed to proceedings pursuant to title 5, United
States Code, or continued within the TSA.
(2) Authority.--With respect to any grievance or appeal
continued within the TSA pursuant to paragraph (1), the
Administrator may consider and finally adjudicate such
grievance or appeal notwithstanding any other provision of this
subtitle.
(3) Preservation of rights.--Notwithstanding any other
provision of law, any appeal or grievance continued pursuant to
this section that is not finally adjudicated pursuant to
paragraph (2) shall be preserved and all timelines tolled until
the rights afforded by application of chapters 71 and 77 of
title 5, United States Code, are made available pursuant to
section 5933(c)(2) of this subtitle.
SEC. 5934. TRANSITION RULES.
(a) Nonreduction in Pay and Compensation.--Under pay conversion
rules as the Secretary may prescribe to carry out this subtitle, a
covered employee converted from a TSA personnel management system to
the provisions of title 5, United States Code, pursuant to section
5933(c)(1)(F)--
(1) shall not be subject to any reduction in either the
rate of adjusted basic pay payable or law enforcement
availability pay payable to such covered employee; and
(2) shall be credited for years of service in a specific
pay band under a TSA personnel management system as if the
employee had served in an equivalent General Schedule position
at the same grade, for purposes of determining the appropriate
step within a grade at which to establish the employee's
converted rate of pay.
(b) Retirement Pay.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a proposal, including proposed legislative
changes if needed, for determining a covered employee's average pay for
purposes of calculating the employee's retirement annuity, consistent
with title 5, United States Code, for any covered employee who retires
within three years of the conversion date, in a manner that
appropriately accounts for time in service and annual rate of basic pay
following the conversion date.
(c) Limitation on Premium Pay.--Notwithstanding section 5547 of
title 5, United States Code, or any other provision of law, a Federal
Air Marshal or criminal investigator hired prior to the date of
enactment of this Act may be eligible for premium pay up to the maximum
level allowed by the Administrator prior to the date of enactment of
this Act. The Office of Personnel Management shall recognize such
premium pay as fully creditable for the purposes of calculating pay and
retirement benefits.
(d) Preservation of Law Enforcement Availability Pay and Overtime
Pay Rates for Federal Air Marshals.--
(1) Leap.--Section 5545a of title 5, United States Code, is
amended by adding at the end the following:
``(l) The provisions of subsections (a)-(h) providing for
availability pay shall apply to any Federal Air Marshal who is an
employee of the Transportation Security Administration.''.
(2) Overtime.--Section 5542 of such title is amended by
adding at the end the following:
``(i) Notwithstanding any other provision
of law, a Federal Air Marshal who is an
employee of the Transportation Security
Administration shall receive overtime pay under
this section, at such a rate and in such a
manner, so that such Federal Air Marshal does
not receive less overtime pay than such Federal
Air Marshal would receive were that Federal Air
Marshal subject to the overtime pay provisions
of section 7 of the Fair Labor Standards Act of
1938.''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall begin to apply on the conversion date (as that
term is defined in section 5932 of the Rights for the TSA
Workforce Act of 2022).
(e) Collective Bargaining Unit.--Notwithstanding section 7112 of
title 5, United States Code, following the application of chapter 71
pursuant to section 5933(c)(2) of this subtitle, full- and part-time
non-supervisory Transportation Security Administration personnel
carrying out screening functions under section 44901 of title 49,
United States Code, shall remain eligible to form a collective
bargaining unit.
(f) Preservation of Other Rights.--The Secretary shall take any
actions necessary to ensure that the following rights are preserved and
available for each covered employee as of the conversion date and any
covered employee appointed after the conversion date, and continue to
remain available to covered employees after the conversion date:
(1) Any annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to a covered
employee immediately before the conversion date shall remain
available to the employee until used, subject to any limitation
on accumulated leave under chapter 63 of title 5, United States
Code.
(2) Part-time personnel carrying out screening functions
under section 44901 of title 49, United States Code, pay
Federal Employees Health Benefits premiums on the same basis as
full-time TSA employees.
(3) Covered employees are provided appropriate leave during
national emergencies to assist the covered employees and ensure
TSA meets mission requirements, notwithstanding section 6329a
of title 5, United States Code.
(4) Eligible covered employees carrying out screening
functions under section 44901 of title 49, United States Code,
receive a split-shift differential for regularly scheduled
split-shift work as well as regularly scheduled overtime and
irregular and occasional split-shift work.
(5) Eligible covered employees receive group retention
incentives, as appropriate, notwithstanding sections 5754(c),
(e), and (f) of title 5, United States Code.
SEC. 5935. CONSULTATION REQUIREMENT.
(a) Exclusive Representative.--
(1) In general.--
(A) Beginning on the date chapter 71 of title 5,
United States Code, begins to apply to covered
employees pursuant to section 5933(c)(2), the labor
organization certified by the Federal Labor Relations
Authority on June 29, 2011, or any successor labor
organization, shall be treated as the exclusive
representative of full- and part-time non-supervisory
TSA personnel carrying out screening functions under
section 44901 of title 49, United States Code, and
shall be the exclusive representative for such
personnel under chapter 71 of title 5, United States
Code, with full rights under such chapter.
(B) Nothing in this subsection shall be construed
to prevent covered employees from selecting an
exclusive representative other than the labor
organization described under paragraph (1) for purposes
of collective bargaining under such chapter 71.
(2) National level.--Notwithstanding any provision of such
chapter 71, collective bargaining for any unit of covered
employees shall occur at the national level, but may be
supplemented by local level bargaining and local level
agreements in furtherance of elements of a national agreement
or on local unit employee issues not otherwise covered by a
national agreement. Such local-level bargaining and local-level
agreements shall occur only by mutual consent of the exclusive
representative of full and part-time non-supervisory TSA
personnel carrying out screening functions under section 44901
of title 49, United States Code, and a TSA Federal Security
Director or their designee.
(3) Current agreement.--Any collective bargaining agreement
covering such personnel in effect on the date of enactment of
this Act shall remain in effect until a collective bargaining
agreement is entered into under such chapter 71, unless the
Administrator and exclusive representative mutually agree to
revisions to such agreement.
(b) Consultation Process.--Not later than seven days after the date
of the enactment of this Act, the Secretary shall consult with the
exclusive representative for the personnel described in subsection (a)
under chapter 71 of title 5, United States Code, on the formulation of
plans and deadlines to carry out the conversion of full- and part-time
non-supervisory TSA personnel carrying out screening functions under
section 44901 of title 49, United States Code, under this subtitle.
Prior to the date such chapter 71 begins to apply pursuant to section
5933(c)(2), the Secretary shall provide (in writing) to such exclusive
representative the plans for how the Secretary intends to carry out the
conversion of such personnel under this subtitle, including with
respect to such matters as--
(1) the anticipated conversion date; and
(2) measures to ensure compliance with sections 5933 and
5934.
(c) Required Agency Response.--If any views or recommendations are
presented under subsection (b) by the exclusive representative, the
Secretary shall consider the views or recommendations before taking
final action on any matter with respect to which the views or
recommendations are presented and provide the exclusive representative
a written statement of the reasons for the final actions to be taken.
SEC. 5936. NO RIGHT TO STRIKE.
Nothing in this subtitle may be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States Code
(relating to disloyalty and asserting the right to
strike against the Government); or
(B) section 7311 of title 5, United States Code
(relating to loyalty and striking); or
(2) to otherwise authorize any activity which is not
permitted under either provision of law cited in paragraph (1).
SEC. 5937. PROPOSAL ON HIRING AND CONTRACTING BACKGROUND CHECK
REQUIREMENTS.
Not later than one year after the date of enactment of this Act,
the Secretary shall submit a plan to the appropriate congressional
committees on a proposal to harmonize and update, for the purposes of
hiring and for authorizing or entering into any contract for service,
the restrictions in section 70105(c) of title 46, United States Code,
(relating to the issuance of transportation security cards) and section
44936 of title 49, United States Code, (relating to security screener
employment investigations and restrictions).
SEC. 5938. COMPTROLLER GENERAL REVIEWS.
(a) Review of Recruitment.--Not later than one year after the date
of the enactment of this Act, the Comptroller General shall submit to
Congress a report on the efforts of the TSA regarding recruitment,
including recruitment efforts relating to veterans and the dependents
of veterans and members of the Armed Forces and the dependents of such
members. Such report shall also include recommendations regarding how
the TSA may improve such recruitment efforts.
(b) Review of Implementation.--Not later than 60 days after the
conversion date, the Comptroller General shall commence a review of the
implementation of this subtitle. The Comptroller General shall submit
to Congress a report on its review no later than one year after such
conversion date.
(c) Review of Promotion Policies and Leadership Diversity.--Not
later than one year after the date of the enactment of this Act, the
Comptroller General shall submit to Congress a report on the efforts of
the TSA to ensure that recruitment, hiring, promotion, and advancement
opportunities are equitable and provide for demographics among senior
leadership that are reflective of the United States' workforce
demographics writ large. Such report shall, to the extent possible,
include an overview and analysis of the current demographics of TSA
leadership and, as appropriate, recommendations to improve hiring and
promotion procedures and diversity in leadership roles that may include
recommendations for how TSA can better promote from within and retain
and advance its workers.
(d) Review of Harassment and Assault Policies and Protections.--Not
later than one year after the date of the enactment of this Act, the
Comptroller General shall submit to Congress a report on the efforts of
the TSA to ensure the safety of its staff with regards to harassment
and assault in the workplace, such as incidents of sexual harassment
and violence and harassment and violence motivated by an individual's
perceived race, ethnicity, religion, gender identity or sexuality, and
including incidents where the alleged perpetrator or perpetrators are
members of the general public. Such report shall include an overview
and analysis of the current TSA policies and response procedures, a
detailed description of if, when, and how these policies fail to
adequately protect TSA personnel, and, as appropriate, recommendations
for steps the TSA can take to better protect its employees from
harassment and violence in their workplace. In conducting its review,
the Comptroller General shall provide opportunities for TSA employees
of all levels and positions, and unions and associations representing
such employees, to submit comments, including in an anonymous form, and
take those comments into account in its final recommendations.
SEC. 5939. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the TSA's personnel system provides insufficient
benefits and workplace protections to the workforce that
secures the nation's transportation systems and that the TSA's
workforce should be provided protections and benefits under
title 5, United States Code; and
(2) the provision of these title 5 protections and benefits
should not result in a reduction of pay or benefits to current
TSA employees.
SEC. 5940. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.
The Administrator may communicate with organizations representing a
significant number of Federal Air Marshals, to the extent provided by
law, to address concerns regarding Federal Air Marshals related to the
following:
(1) Mental health.
(2) Suicide rates.
(3) Morale and recruitment.
(4) Equipment and training.
(5) Work schedules and shifts, including mandated periods
of rest.
(6) Any other personnel issues the Administrator determines
appropriate.
SEC. 5941. PREVENTION AND PROTECTION AGAINST CERTAIN ILLNESS.
The Administrator, in coordination with the Director of the Centers
for Disease Control and Prevention and the Director of the National
Institute of Allergy and Infectious Diseases, shall ensure that covered
employees are provided proper guidance regarding prevention and
protections against the COVID-19 National Emergency, including
appropriate resources.
SEC. 5942. HAZARDOUS DUTY PAYMENTS.
Subject to the availability of appropriations, and not later than
90 days after receiving such appropriations, the Administrator shall
provide a one-time bonus payment of $3,000 to each at-risk employee.
SEC. 5943. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary, to remain available until expended, to carry out this
subtitle.
SEC. 5944. STUDY ON FEASIBILITY OF COMMUTING BENEFITS.
Not later than 270 days after the enactment of this Act, the
Administrator shall submit to the appropriate congressional committees
a feasibility study on allowing covered employees carrying out
screening functions under section 44901 of title 49, United States
Code, to treat as hours of employment time spent by such employees
regularly traveling between airport parking lots and bus and transit
stops and screening checkpoints before and after the regular work day.
In conducting such study, the Administrator shall consider--
(1) the amount of time needed to travel to and from airport
parking lots and bus and transit stops at representative
airports of various sizes;
(2) the feasibility of using mobile phones and location
data to allow employees to report their arrival to and
departure from airport parking lots and bus and transit stops;
and
(3) the estimated costs of providing such benefits.
SEC. 5945. BRIEFING ON ASSAULTS AND THREATS ON TSA EMPLOYEES.
Not later than 90 days after the date of the enactment of this Act,
the Administrator shall brief the appropriate congressional committees
regarding the following:
(1) Reports to the Administrator of instances of physical
or verbal assault or threat made by a member of the general
public against a covered employee engaged in carrying out
screening functions under section 44901 of title 49, United
States Code, since January 1, 2019.
(2) Procedures for reporting such assaults and threats,
including information on how the Administrator communicates the
availability of such procedures.
(3) Any steps taken by TSA to prevent and respond to such
assaults and threats.
(4) Any related civil actions and criminal referrals made
annually since January 1, 2019.
(5) Any additional authorities needed by the Administrator
to better prevent or respond to such assaults and threats.
SEC. 5946. ANNUAL REPORTS ON TSA WORKFORCE.
Not later than one year after the date of the enactment of this Act
and annually thereafter, the Administrator shall submit to the
appropriate congressional committees a report that contains the
following:
(1) An analysis of the Office of Personnel Management's
Federal Employee Viewpoint Survey (FEVS) to determine job
satisfaction rates of covered employees.
(2) Information relating to retention rates of covered
employees at each airport, including transfers, in addition to
aggregate retention rates of covered employees across the TSA
workforce.
(3) Information relating to actions taken by the TSA
intended to improve workforce morale and retention.
DIVISION F--OTHER MATTERS
TITLE LX--TAIWAN PEACE AND STABILITY ACT
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Taiwan Peace and Stability Act''.
SEC. 6002. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The United States has consistently sought to advance
peace and stability in East Asia as a central element of U.S.
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 U.S. policy and create a fait accompli on
questions surrounding Taiwan's future.
(3) In order to ensure the longevity of U.S. policy and
preserve the ability of the people of Taiwan to determine their
future independently, it is necessary to reinforce Taiwan's
diplomatic, economic, and physical 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. 6003. DEFINITIONS.
In this title--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate;
(2) the term ``international organization'' includes United
Nations funds, programs, specialized agencies, entities, and
bodies, and other organizations outside of the United Nations
system, as the Secretary of State or the Secretary's designee
deems appropriate, and in consultation with other Federal
departments and agencies;
(3) the term `One-China Principle' means the PRC's policy
toward Taiwan;
(4) the term ``civil society organizations'' means
international civil society organizations that are critical to
maintaining Taiwan's international space and enabling Taiwan to
play a positive and constructive role in the global community;
and
(5) the term ``potential PLA campaigns'' means--
(A) a naval blockade of Taiwan;
(B) an amphibious assault and ground invasion of
Taiwan, especially such invasion designed to accomplish
a fiat accompli before intervention is possible; and
(C) a seizure of one or more of Taiwan's outlying
islands.
Subtitle A--Supporting Taiwan's Meaningful Participation in the
International Community
SEC. 6011. FINDINGS.
Congress makes the following findings:
(1) Taiwan has provided monetary, humanitarian, and medical
assistance to combat diseases such as AIDS, tuberculosis,
Ebola, and dengue fever in countries around the world. During
the COVID-19 pandemic, Taiwan donated millions of pieces of
personal protective equipment and COVID-19 tests to countries
in need.
(2) 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.
(3) Taiwan was invited to participate in the World Health
Assembly, 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.
(4) The Taipei Flight Information Region reportedly served
1.75 million flights and 68.9 million 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.
(5) 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. 6012. SENSE OF CONGRESS ON TAIWAN'S MEANINGFUL PARTICIPATION IN
THE INTERNATIONAL COMMUNITY.
It is the sense of Congress that--
(1) Taiwan is free, democratic, and prosperous, and is home
to 23.5 million people. It 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 with forward looking
environmental policies;
(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 U.S. cooperation with
Taiwan to provide global public goods, including through
development assistance, humanitarian assistance, and disaster
relief in trilateral and multilateral fora is 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. 6013. 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.--
(1) In general.--The strategy required in paragraph (a)
shall include:
(A) An assessment of the methods the PRC uses to
coerce actors to into adhering to its ``One-China
Principle.'' The methods shall include those employed
against governments, IOs, and civil society
organizations. The assessment shall also include
pressure on commercial actors, to the extent it is
relevant in the context of Taiwan's meaningful
participation in IOs.
(B) 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.
(C) A systematic analysis of all IOs, as
practicable, to identify IOs that best lend themselves
to advancing Taiwan's participation. The analysis shall
include, but is not limited to the IOs'--
(i) policy on the requirements to obtain
membership and observer status, as well as the
foundational documents defining membership
requirements and observer status within the IO;
(ii) participation rules;
(iii) processes for developing membership
requirements and participation rules;
(iv) policies of current members regarding
Taiwan's political status; and
(v) relative reliance on contributions from
the PRC and how it may affect internal decision
making.
(D) An evaluation of the feasibility and
advisability of expanding economic, security, and
diplomatic engagement with nations that have
demonstrably strengthened, enhanced, or upgraded
relations with Taiwan, where it aligns with U.S.
interests.
(E) 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.
(F) A list of no more than 20 IOs at which the U.S.
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 shall be
derived from the IOs identified in paragraph (1)(C).
(G) A description of the diplomatic strategies and
the coalitions the U.S. Government plans to develop to
implement paragraph (b)(1)(F).
(c) Form of Report.--The strategy required in subsection (a) shall
be classified, but it may include an unclassified summary, if the
Secretary of State determines it appropriate.
(d) Consultation.--The Secretary of State or his or her designee,
shall consult with the appropriate congressional committees--
(1) no later than 90 days after the date of enactment of
this Act, on the list of IOs identified in subsection
(b)(1)(C); and
(2) 180 days after submitting the strategy required in
subsection (a), and 180 days thereafter for two years,
regarding the development and implementation of the strategy.
SEC. 6014. EXPANDING UNITED STATES-TAIWAN DEVELOPMENT COOPERATION.
(a) In General.--No later than 120 days following the date of
enactment of this Act, the Administrator of the United States Agency
for International Development (USAID), in consultation with the U.S.
International Development Finance Corporation (DFC), shall submit to
the appropriate congressional committees 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:
(1) A comprehensive review of existing cooperation
mechanisms and initiatives between USAID or DFC, and relevant
departments and agencies in Taiwan, including, but not limited
to Taiwan's International Cooperation and Development Fund
(ICDF).
(2) An assessment of how USAID and DFC development
cooperation with relevant departments and agencies in Taiwan
compares to comparable cooperation with partners of similar
economic size and foreign assistance capacity.
(3) An analysis of the opportunities and challenges the
cooperation reviewed in paragraph (1) has offered to date. The
analysis shall include, but is not limited to--
(A) opportunities collaboration has offered to
expand USAID's and DFC's ability to deliver assistance
into a wider range communities;
(B) sectors where USAID, DFC, ICDF, other relevant
agencies and departments in Taiwan, or the
organizations' implementing partners have a comparative
advantage in providing assistance;
(C) opportunities to transition virtual capacity
building events with relevant departments and agencies
in Taiwan, through the Global Cooperation and Training
Framework (GCTF) as well as other forums, into in-
person, 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, but is not limited to--
(A) availability of personnel at the American
Institute in Taiwan (AIT) responsible for coordinating
development assistance cooperation;
(B) volume of current cooperation initiatives and
barriers to expanding it;
(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 U.S.-
Taiwan cooperation in third countries.
(5) Recommendations to address the challenges identified in
paragraph (b)(4).
(6) A description of any additional resources or
authorities that expanding cooperation might require.
(c) Form of Report.--The strategy required in subsection (a) shall
be unclassified, but it may include a classified annex if the
Administrator of USAID determines it appropriate.
Subtitle B--Advancing Taiwan's Economic Space
SEC. 6021. SENSE OF CONGRESS ON EXPANDING U.S. ECONOMIC RELATIONS WITH
TAIWAN.
It is the sense of the Congress that--
(1) expanding U.S. economic relations with Taiwan has
benefited the people of both the United States and Taiwan.
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 U.S. agricultural exports;
(2) further integration, consistent with robust
environmental standard and labor rights, 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.
Subtitle C--Enhancing Deterrence Over Taiwan
SEC. 6031. SENSE OF CONGRESS ON PEACE AND STABILITY IN THE TAIWAN
STRAIT.
It is the sense of Congress that--
(1) PRC attempts to intimidate Taiwan, including through
high rates of PRC sorties into air space near Taiwan, and PRC
amphibious assault exercises near Taiwan, jeopardizes the long-
standing U.S. position that differences in cross-Strait
relations must be resolved peacefully;
(2) given the potential for a cross-Strait conflict to be
highly destructive and destabilizing, any increase in the risk
of conflict demands attention and obligates leaders to
reinforce deterrence, as the most viable means to prevent war;
(3) Taiwan should continue to implement its asymmetric
defense strategy, including investing in cost-effective and
resilient capabilities, while also strengthening recruitment
and training of its reserve and civil defense forces, and those
capabilities include coastal defense cruise missiles; and
(4) while enhancing deterrence, it is also essential to
maintain open and effective crisis communication and risk
reduction mechanisms, as a means to reduce the risk of
misunderstanding and ultimately, conflict.
SEC. 6032. STRATEGY TO ENHANCE DETERRENCE OVER A CROSS-STRAIT CONFLICT.
(a) In General.--No later than 90 days after the date of enactment
of this Act, the President shall submit to the appropriate
congressional committees a whole-of-government strategy to enhance
deterrence over a cross-Strait military conflict between the PRC and
Taiwan.
(b) Matters To Be Included.--The strategy shall include:
(1) A comprehensive review of existing diplomatic,
economic, and military tools to establish deterrence over a
cross-Strait conflict and an assessment of their efficacy.
(2) An examination of the present and future capabilities
of the United States and Taiwan to respond to the potential PLA
campaigns against Taiwan in 5, 10, and 15 years. The analysis
shall include an assessment of the progress Taiwan has made in
developing the cost-effective and resilient capabilities needed
to respond to its strategic environment, as well as any
additional personnel, procurement, or training reforms
required.
(3) An evaluation of the feasibility of expanding
coordination with U.S. allies and partners to enhance
deterrence over a cross-Strait conflict. The review shall
include, but is not limited to, a review of the following
matters:
(A) Expanding coordination of public or private
messaging on deterrence vis-a-vis Taiwan.
(B) Coordinating use of economic tools to raise the
costs of PRC military action that could precipitate a
cross-Strait conflict.
(C) Enhancing co-development and co-deployment of
military capabilities related to deterrence over a
cross-Strait conflict, or enhancing coordinated
training of Taiwan's military forces.
(4) Recommendations on significant additional diplomatic,
economic, and military steps available to the U.S. Government,
unilaterally and in concert with U.S. allies and partners, to
enhance the clarity and credibility of deterrence over a cross-
Strait conflict.
(5) A description of any additional resources or
authorities needed to implement the recommendations identified
in paragraph (5).
(c) Form of Report.--The strategy required in subsection (b) shall
be classified, but it may include an unclassified annex, if determined
appropriate by the President.
(d) Consultation.--No later than 90 days after the date of
enactment of this Act, and not less frequently than every 180 days
thereafter for seven years, the President or his or her designee, as
well as representatives from the agencies and departments involved in
developing the strategy required in paragraph (a) shall consult with
the appropriate congressional committees regarding the development and
implementation of the strategy required in this section. The
representatives shall be at the Undersecretary level or above.
SEC. 6033. STRENGTHENING TAIWAN'S CIVILIAN DEFENSE PROFESSIONALS.
(a) In General.--No later than 180 days following enactment of this
Act, the Secretary of State, in consultation with the Secretary of
Defense, shall present to the appropriate congressional committees a
plan for strengthening the community of civilian defense professionals
in Taiwan, facilitated through the American Institute in Taiwan as
appropriate.
(b) Matters To Be Included.--The report shall include the
following:
(1) A comprehensive review of existing U.S. Government and
non-U.S. Government programmatic and funding modalities to
support Taiwan's civilian defense professionals in pursuing
professional development, educational, and cultural exchanges
in the United States. The review shall include, but is not
limited to--
(A) opportunities through U.S. Department of State-
supported programs, such as the International Visitor
Leaders Program; and
(B) opportunities offered through non-governmental
institutions, such as think tanks, to the extent the
review can practicably make such an assessment.
(2) A description of the frequency that civilian defense
professionals from Taiwan pursue or are selected for the
programs reviewed in paragraph (1).
(3) An analysis of any funding, policy, administrative, or
other barriers preventing greater participation from Taiwan's
civilian defense professionals in the opportunities identified
in paragraph (1).
(4) An evaluation of the value expanding the opportunities
reviewed in paragraph (1) would offer for strengthening
Taiwan's existing civilian defense community, and for
increasing the perceived value of the field for young
professionals in Taiwan.
(5) 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 paragraph (1).
(6) A description of additional resources and authorities
that may be required to execute the options in paragraph (5).
(c) Form of Report.--The report required in subsection (a) shall be
unclassified, but it may include a classified annex, if determined
appropriate.
TITLE LXI--LIBYA STABILIZATION ACT
SEC. 6101. SHORT TITLE.
This title may be cited as the ``Libya Stabilization Act''.
SEC. 6102. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to advance a peaceful resolution to the conflict in
Libya through a United Nations-facilitated Libyan-led and
Libyan-owned political process as the best way to secure United
States interests and to ensure the sovereignty, independence,
territorial integrity, and national unity of Libya;
(2) to engage regularly at the senior-most levels in
support of the continued observance of the ceasefire in Libya,
the fair and transparent allocation of Libya's resources, the
reunification of security and economic institutions, and
agreement among Libyans on a consensual constitutional basis
that would lead to credible presidential and parliamentary
elections as soon as possible;
(3) to support the implementation of United Nations
Security Council Resolutions 1970 (2011) and 1973 (2011), which
established an arms embargo on Libya, and subsequent
resolutions modifying and extending the embargo;
(4) to enforce Executive Order 13726 (81 Fed. Reg. 23559;
relating to blocking property and suspending entry into the
United States of persons contributing to the situation in Libya
(April 19, 2016)), designed to target individuals or entities
who ``threaten the peace, security, and stability of Libya'';
(5) to oppose attacks on civilians, medical workers, and
critical infrastructure, including water supplies, in Libya,
and to support accountability for those engaged in such heinous
actions;
(6) to support Libya's sovereignty, independence,
territorial integrity, and national unity consistent with
United Nations Security Council Resolution 2510 (2020) and all
predecessor resolutions with respect to Libya, including by--
(A) taking action to end the violence and flow of
arms;
(B) rejecting attempts by any party to illicitly
export Libya's oil; and
(C) urging the withdrawal of foreign military and
mercenary forces;
(7) to engage in diplomacy to convince parties to conflict
and political dispute in Libya to support the continuity of the
October 2020 ceasefire and persuade foreign powers to withdraw
personnel, including mercenaries, weapons, and financing that
may reignite or exacerbate conflict;
(8) to support political dialogue among Libyans and advance
an inclusive Libyan-led and Libyan-owned political process;
(9) to support the nearly 2.8 million Libyans who
registered to vote;
(10) to help protect Libya's civilian population and
implementing humanitarian and international organizations from
the risk of harm resulting from explosive hazards such as
landmines, improvised explosive devices (IEDs), and unexploded
ordnance (UXO);
(11) to support constant, unimpeded, and reliable
humanitarian access to those in need and to hold accountable
those who impede or threaten the delivery of humanitarian
assistance;
(12) to seek to bring an end to severe forms of trafficking
in persons such as slavery, forced labor, and sexual
exploitation, including with respect to migrants;
(13) to advocate for the immediate release and safe
evacuations of detained refugees and migrants trapped by the
fighting in Libya;
(14) to encourage implementation of UNSMIL's plan for the
organized and gradual closure of migrant detention centers in
Libya;
(15) to support greater defense institutional capacity
building after a comprehensive political settlement;
(16) to discourage all parties from heightening tensions in
Libya and its environs, through unhelpful and provocative
actions.
(17) to support current and future democratic development
and economic recovery of Libya both during and after a
negotiated peaceful political solution, pursuant to Libya's
status as a Global Fragility Act partner state; and
(18) to partner with various U.S. government agencies,
multilateral organizations, and local partners to strengthen
security, prosperity, and stability in Libya, pursuant to
Libya's status as a Global Fragility Act partner state.
Subtitle A--Identifying Challenges to Stability in Libya
SEC. 6111. REPORT ON ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS AND
ACTORS IN LIBYA.
(a) 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 the Treasury and the Director of National Intelligence,
should submit to the appropriate congressional committees a report that
includes--
(1) a description of the full extent of involvement in
Libya by foreign governments, including the Governments of
Russia, Turkey, the United Arab Emirates, Egypt, Sudan, Chad,
China, Saudi Arabia, and Qatar, including--
(A) a description of which governments have
conducted or facilitated drone and aircraft strikes in
Libya since April 2019 not related to efforts to combat
Al Qaeda, the Islamic State, or affiliated entities;
(B) a list of the types and estimated amounts of
equipment transferred since April 2019 by each
government described in this paragraph to the parties
to conflict in Libya, including foreign military
contractors, mercenaries, or paramilitary forces
operating in Libya;
(C) an estimate of the financial support provided
since April 2019 by each government described in this
paragraph to the parties to conflict in Libya,
including foreign military contractors, mercenaries, or
paramilitary forces operating in Libya; and
(D) a description of the activities of any regular,
irregular, or paramilitary forces, including foreign
military contractors, mercenary groups, and militias
operating inside Libya, at the direction or with the
consent of the governments described in this paragraph;
(2) an analysis of whether the actions by the governments
described in paragraph (1)--
(A) violate the arms embargo on Libya established
under United Nations Security Council Resolution 1970
(2011) as reaffirmed by subsequent Security Council
resolutions;
(B) may contribute to violations of international
humanitarian law; or
(C) involve weapons of United States origin or were
in violation of United States end user agreements;
(3) a description of United States diplomatic engagement
with any governments found to be in violation of the arms
embargo regarding strengthened implementation of the embargo;
(4) a list of the specific offending materiel, training, or
financial support transfers provided by a government described
in paragraph (1) that violate the arms embargo on Libya under
United Nations Security Council Resolution 2571 (2021) and
predecessor Security Council resolutions;
(5) an analysis of the activities of foreign armed groups,
including the Russian Wagner Group, military contractors and
mercenaries employed or engaged by the governments of Turkey
and the United Arab Emirates, affiliates of the Islamic State
(ISIS), al-Qaida in the Islamic Maghreb (AQIM), and other
extremist groups, in Libya;
(6) a discussion of whether and to what extent conflict or
instability in Libya is enabling the recruitment and training
efforts of armed groups, including affiliates of ISIS, AQIM,
and other extremist groups;
(7) a description of efforts by the European Union, North
Atlantic Treaty Organization (NATO), and the Arab League, and
their respective member states, to implement and enforce the
arms embargo and maintain a sustainable ceasefire;
(8) a description of any violations of the arms embargo by
European Union member states; and
(9) a description of United States diplomatic engagement
with the European Union, NATO, and the Arab League regarding
implementation and enforcement of the United Nations arms
embargo, ceasefire monitoring, and election support.
(b) Form.--The report required by 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 Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 6112. REPORT OF RUSSIAN ACTIVITIES AND OBJECTIVES IN LIBYA.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the Secretary
of the Treasury and the Secretary of Defense, shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report that contains an
assessment of Russian activities and objectives in Libya, including--
(1) an assessment of Russian influence and objectives in
Libya;
(2) the potential threat such activities pose to the United
States, southern Europe, NATO, and partners in the
Mediterranean Sea and North African region;
(3) the direct role of Russia in Libyan financial affairs,
to include issuing and printing currency;
(4) Russia's use of mercenaries, military contractors,
equipment, and paramilitary forces in Libya;
(5) an assessment of sanctions and other policies adopted
by United States partners and allies against the Wagner Group
and its destabilizing activities in Libya, including sanctions
on Yevgeny Prigozhin; and
(6) an identification of foreign companies and persons that
have provided transportation, logistical, administrative, air
transit, border crossing, or money transfer services to Russian
mercenaries or armed forces operating on behalf of the Russian
Government in Libya, and an analysis of whether such entities
meet the criteria for imposition of sanctions under section
1(a) of Executive Order 13726 (81 Fed. Reg. 23559; relating to
blocking property and suspending entry into the United States
of persons contributing to the situation in Libya).
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
SEC. 6113. DETERMINATION OF SANCTIONABLE ACTIVITIES OF THE LIBYAN
NATIONAL ARMY WITH RESPECT TO SYRIA.
Not later than 180 days after the date of the enactment of this
Act, the President shall submit to the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign Relations of
the Senate a list of any members of the Libyan National Army (LNA), and
details of their activities, which the President has determined are
knowingly responsible for sanctionable offenses pursuant to--
(1) section 7412 of the Caesar Syria Civilian Protection
Act of 2019 (22 U.S.C. 8791 note; 133 Stat. 2292); or
(2) Executive Order 13582 (76 Fed. Reg. 52209; relating to
blocking property of the Government of Syria and prohibiting
certain transactions with respect to Syria (August 17, 2011)).
Subtitle B--Actions to Address Foreign Intervention in Libya
SEC. 6121. SANCTIONS WITH RESPECT TO FOREIGN PERSONS LEADING,
DIRECTING, OR SUPPORTING CERTAIN FOREIGN GOVERNMENT
INVOLVEMENT IN LIBYA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall impose each of the sanctions
described in section 6124 with respect to each foreign person who the
President determines knowingly engages in an activity described in
subsection (b).
(b) Activities Described.--A foreign person engages in an activity
described in this subsection if the person leads, directs, or provides
significant financial, material, or technological support to, or
knowingly engages in a significant transaction with, a non-Libyan
foreign person who is--
(1) in Libya in a military or commercial capacity as a
military contractor, mercenary, or part of a paramilitary
force; and
(2) engaged in significant actions that threaten the peace,
security, or stability of Libya.
SEC. 6122. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THREATENING THE
PEACE OR STABILITY OF LIBYA.
(a) Imposition of Sanctions.--The President shall impose each of
the sanctions described in section 6124 with respect to each foreign
person on the list required by subsection (b).
(b) List.--Not later than 180 days after the date of the enactment
of this Act, the President shall submit to the appropriate
congressional committees a list of--
(1) foreign persons, including senior government officials,
militia leaders, paramilitary leaders, and other persons who
provide significant support to militia or paramilitary groups
in Libya, that the President determines are knowingly--
(A) engaged in significant actions or policies that
threaten the peace, security, or stability of Libya,
including any supply of significant arms or related
materiel in violation of a United Nations Security
Council resolution on Libya;
(B) engaged in significant actions or policies that
obstruct, undermine, delay, or impede, or pose a
significant risk of obstructing, undermining, delaying,
or impeding the United Nations-mediated political
processes that seek a negotiated and peaceful solution
to the Libyan crisis, including a consensual
constitutional basis that would lead to credible
presidential and parliamentary elections as soon as
possible and ongoing maintenance of the October 2020
ceasefire;
(C) engaged in significant actions that may lead to
or result in the misappropriation of significant state
assets of Libya;
(D) involved in the significant illicit
exploitation of crude oil or any other natural
resources in Libya, including the significant illicit
production, disruption of production, refining,
brokering, sale, purchase, or export of Libyan oil;
(E) significantly threatening or coercing Libyan
state financial institutions or disrupting the
operations of the Libyan National Oil Company; or
(F) significantly responsible for actions or
policies that are intended to undermine efforts to
maintain peace and promote stabilization and economic
recovery in Libya;
(2) foreign persons who the President determines are
successor entities to persons designated for engaging in
activities described in subparagraphs (A) through (F) of
paragraph (1); and
(c) Updates of List.--The President shall submit to the appropriate
congressional committees an updated list under subsection (b)--
(1) not later than 180 days after the date of the enactment
of this Act and annually thereafter for a period of 5 years; or
(2) as new information becomes available.
(d) Form.--The list required by subsection (b) shall be submitted
in unclassified form, but may include a classified annex.
(e) 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. 6123. SANCTIONS WITH RESPECT TO FOREIGN PERSONS WHO ARE
RESPONSIBLE FOR OR COMPLICIT IN GROSS VIOLATIONS OF
INTERNATIONALLY RECOGNIZED HUMAN RIGHTS COMMITTED IN
LIBYA.
(a) Imposition of Sanctions.--The President may impose 5 out of the
12 sanctions described in section 235 of Countering America's
Adversaries Through Sanctions Act (Public Law 115-44) with respect to
each foreign person on the list required by subsection (b).
(b) List of Persons.--
(1) 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 list of senior foreign
persons, including senior government officials, militia
leaders, para-military leaders, and other persons who provide
significant support to militia or paramilitary groups in Libya,
that the President determines are each knowingly responsible
for or complicit in, or have directly or in- directly engaged
in, on or after the date of enactment gross violations of
internationally recognized human rights committed in Libya.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 180 days after the date of the
enactment of this Act and annually thereafter for a
period of 5 years; or
(B) as new information becomes available.
(3) Form.--The list required by 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--
(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. 6124. SANCTIONS DESCRIBED.
(a) Sanctions Described.--The sanctions described in this section
are the following:
(1) Blocking of property.--The President may exercise all
of the powers granted to the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except
that the requirements of section 202 of such Act (50 U.S.C.
1701) shall not apply) to the extent necessary to block and
prohibit all transactions in property and interests in property
of the 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) Inadmissibility of certain individuals.--
(A) Ineligibility for visas, admission,or parole.--
A foreign person who is an individual and who meets any
of the criteria described section 6121 or 6122 may be
determined by the Secretary of State to be--
(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.--A foreign person who is
an individual and who meets any of the criteria
described section 6121 or 6122 may be subject to the
following:
(i) Revocation of any visa or other entry
documentation by the Secretary of State
regardless of when the visa or other entry
documentation is or was issued.
(ii) A revocation under clause (i) shall--
(I) take effect immediately in
accordance with section 221(i) of the
Immigration and Nationality Act, (8
U.S.C. 1201(i)); and
(II) cancel any other valid visa or
entry documentation that is in the
foreign person's possession.
(b) 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 who violates, attempts to
violate, conspires to violate, or causes a violation of regulations
issued under section 6126(2) of this title to carry out subsection
(a)(1) to the same extent that such penalties apply to a person who
commits an unlawful act described in section 206(a) of the
International Emergency Economic Powers Act.
(c) Exception.--Sanctions under subsection (a)(2) shall not apply
to 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 of the United States.
(d) Exception to Comply With National Security.--The following
activities shall be exempt from sanctions under this section:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.).
(2) Any authorized intelligence or law enforcement
activities of the United States.
SEC. 6125. WAIVER.
(a) In General.--The Secretary of State may waive, for one or more
periods not to exceed 90 days, the application of sanctions imposed on
a foreign person under this subtitle if the President--
(1) determines and reports to Congress that such a waiver
is in the national security interest of the United States; and
(2) thereafter submits to the appropriate congressional
committees a justification for such waiver.
(b) 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. 6126. IMPLEMENTATION AND REGULATORY AUTHORITY.
The President--
(1) is authorized to 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 title; and
(2) shall issue such regulations, licenses, and orders as
are necessary to carry out this title.
SEC. 6127. 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.
SEC. 6128. DEFINITIONS.
In this subtitle:
(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) Foreign person.--The term ``foreign person'' means an
individual or entity who is not a United States person.
(3) Foreign government.--The term ``foreign government''
means any government of a country other than the United States.
(4) 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.
(5) United states person.--The term ``United States
person'' means--
(A) an individual who is 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.
(6) Gross violations of internationally recognized human
rights.--The term ``gross vio- lations of internationally
recognized human rights'' has the meaning given such term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 6129. SUSPENSION OF SANCTIONS.
(a) In General.--The President may suspend in whole or in part the
imposition of sanctions otherwise required under this subtitle for
periods not to exceed 90 days if the President determines that the
parties to the conflict in Libya have agreed to and are upholding a
sustainable, good-faith ceasefire in support of a lasting political
solution in Libya.
(b) Notification Required.--Not later than 30 days after the date
on which the President makes a determination to suspend the imposition
of sanctions as described in subsection (a), the President shall submit
to the appropriate congressional committees a notification of the
determination.
(c) Reimposition of Sanctions.--Any sanctions suspended under
subsection (a) shall be reimposed if the President determines that the
criteria described in that subsection are no longer being met.
SEC. 6130. SUNSET.
The requirement to impose sanctions under this subtitle shall cease
to be effective on December 31, 2026.
Subtitle C--Assistance for Libya
SEC. 6131. HUMANITARIAN RELIEF FOR THE PEOPLE OF LIBYA AND
INTERNATIONAL REFUGEES AND MIGRANTS IN LIBYA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should, including in
alignment with Libya's status inclusion in the U.S. Global
Fragility Act Strategy--
(A) continue senior-level efforts to address
humanitarian needs in Libya, which has been exacerbated
by conflict and the COVID-19 pandemic;
(B) engage diplomatically with Libyan entities to
guarantee constant, reliable humanitarian access by
frontline providers in Libya;
(C) engage diplomatically with the Libyan entities,
the United Nations, and the European Union to encourage
the voluntary safe passage of detained vulnerable
migrants and refugees from the conflict zones in Libya;
and
(D) support efforts to document and publicize gross
violations of internationally recognized human rights
and international humanitarian law, including efforts
related to severe forms of trafficking in persons such
as slavery, forced labor, and sexual exploitation, and
hold perpetrators accountable; and
(2) deliver humanitarian assistance targeted toward those
most in need and delivered through partners that uphold
internationally recognized humanitarian principles, with robust
monitoring to ensure assistance is reaching intended
beneficiaries.
(b) Assistance Authorized.--The Administrator of the United States
Agency for International Development, in coordination with the
Secretary of State, should continue to support humanitarian assistance
to individuals and communities in Libya, including--
(1) health assistance, including logistical and technical
assistance to hospitals, ambulances, and health clinics in
affected communities, including migrant communities, and
provision of basic public health commodities, including support
for an effective response to the COVID-19 pandemic;
(2) services, such as medicines and medical supplies and
equipment;
(3) assistance to provide--
(A) protection, food, and shelter, including to
migrant communities;
(B) water, sanitation, and hygiene (commonly
referred to as ``WASH''); and
(C) resources and training to increase
communications and education to help communities slow
the spread of COVID-19 and to increase vaccine
acceptance; and
(4) technical assistance to ensure health, food, and
commodities are appropriately selected, procured, targeted,
monitored, and distributed.
(c) Strategy.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, shall submit to the appropriate congressional committees a
strategy on the following:
(1) How the United States, working with relevant foreign
governments and multilateral organizations, plans to address
the humanitarian situation in Libya.
(2) Diplomatic efforts by the United States to encourage
strategic burden-sharing and the coordination of donations with
international donors, including foreign governments and
multilateral organizations to advance the provision of
humanitarian assistance to the people of Libya and
international migrants and refugees in Libya.
(3) How to address humanitarian access challenges and
ensure protection for vulnerable refugees and migrants,
including protection from severe forms of trafficking in
persons such as slavery, forced labor, and sexual exploitation.
(4) How the United States is mitigating risk, utilizing
third party monitors, and ensuring effective delivery of
assistance.
(5) How to address the tragic and persistent deaths of
migrants and refugees at sea and human trafficking.
(d) Integration of Department of State-led Stabilization Efforts.--
(1) Sense of congress.--It is the sense of Congress that
the Secretary of State, working with United States allies,
international organizations, and implementing partners,
including local implementing partners, to the extent
practicable, should continue coordinated international
stabilization efforts in Libya to--
(A) build up the capacity of implementers and
national mine action authorities engaged in
conventional weapons destruction efforts and mine risk
education training and programs; and
(B) conduct operational clearance of explosive
remnants of war resulting from the 2011 revolution and
current military conflict in Libya, including in
territory previously occupied by ISIS-Libya, and
particularly in areas where unexploded ordnance, booby
traps, and anti-personnel and anti-vehicle mines
contaminate areas of critical infrastructure and large
housing districts posing a risk of civilian casualties.
(2) In general.--To the maximum extent practicable,
humanitarian assistance authorized under subsection (b) and the
strategy required by subsection (c) shall take into account and
integrate Department of State-led stabilization efforts--
(A) to address--
(i) contamination from landmines and other
explosive remnants of war left from the 2011
revolution and current military conflict in
Libya, including in territory previously
occupied by ISIS-Libya; and
(ii) proliferation of illicit small arms
and light weapons resulting from such conflict
and the destabilizing impact the proliferation
of such weapons has in Libya and neighboring
countries; and
(B) to mitigate the threat that destruction of
conventional weapons poses to development, the delivery
of humanitarian assistance, and the safe and secure
return of internally displaced persons.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SEC. 6132. SUPPORT FOR DEMOCRATIC GOVERNANCE, ELECTIONS, AND CIVIL
SOCIETY.
(a) In General.--The Secretary of State should coordinate United
States Government efforts to--
(1) work with the United Nations Support Mission in Libya
and transitional authorities in Libya to prepare for national
elections, as called for by the Libyan Political Dialogue, and
a subsequent political transition;
(2) support efforts to resolve the current civil conflict
in Libya;
(3) work to help the people of Libya and a future Libyan
government develop functioning, unified Libyan economic,
security, and governing institutions;
(4) work to ensure free, fair, inclusive, and credible
elections organized by an independent and effective High
National Elections Commission in Libya, including through
supporting electoral security and international election
observation and by providing training and technical assistance
to institutions with election-related responsibilities, as
appropriate;
(5) work with the people of Libya, nongovernmental
organizations, and Libya institutions to strengthen democratic
governance, reinforce civilian institutions and support
decentralization, in line with relevant Libyan laws and
regulations, in order to address community grievances, promote
social cohesion, mitigate drivers of violent extremism, and
help communities recover from Islamic State occupation;
(6) defend against gross violations of internationally
recognized human rights in Libya, including by supporting
efforts to document such violations;
(7) to combat corruption and improve the transparency and
accountability of Libyan government institutions; and
(8) to support the efforts of independent media outlets to
broadcast, distribute, and share information with the Libyan
people.
(b) Risk Mitigation and Assistance Monitoring.--The Secretary of
State and Administrator of the United States Agency for International
Development should ensure that appropriate steps are taken to mitigate
risk of diversion of assistance for Libya and ensure reliable third-
party monitoring is utilized for projects in Libya that United States
Government personnel are unable to access and monitor.
(c) Report.--
(1) In general.--Not later than 180 days after enactment of
this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, should submit to the appropriate congressional
committees a report on the activities carried out under
subsection (a).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$30,000,000 for fiscal year 2022 to carry out subsection (a).
(2) Notification requirements.--Any expenditure of amounts
made available to carry out subsection (a) shall be subject to
the notification requirements applicable to--
(A) expenditures from the Economic Support Fund
under section 531(c) of the Foreign Assistance Act of
1961 (22 U.S.C. 2346(c)); and
(B) expenditures from the Development Assistance
Fund under section 653(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 16 2413(a)).
SEC. 6133. ENGAGING INTERNATIONAL FINANCIAL INSTITUTIONS TO ADVANCE
LIBYAN ECONOMIC RECOVERY AND IMPROVE PUBLIC SECTOR
FINANCIAL MANAGEMENT.
(a) In General.--The Secretary of the Treasury should instruct the
United States Executive Director at each international financial
institution to use the voice, vote, and influence of the United States
to support, in a way that is consistent with broader United States
national interests, a Libyan-led process to develop a framework for the
economic recovery of Libya and improved public sector financial
management, complementary to United Nations-led peace efforts and in
support of democratic institutions and the rule of law in Libya.
(b) Additional Elements.--To the extent consistent with broader
United States national interests, the framework described in subsection
(a) should include the following policy proposals:
(1) To restore, respect, and safeguard the integrity,
unity, and lawful governance of Libya's key economic ministries
and institutions, in particular the Central Bank of Libya, the
Libya Investment Authority, the National Oi Corporation, and
the Audit Bureau (AB).
(2) To improve the accountability and effectiveness of
Libyan authorities, including sovereign economic institutions,
in providing services and opportunity to the Libyan people.
(3) To assist in improving public financial management and
reconciling the public accounts of national financial
institutions and letters of credit issued by private Libyan
financial institutions as needed pursuant to a political
process.
(4) To restore the production, efficient management, and
development of Libya's oil and gas industries so such
industries are resilient against disruption, including malign
foreign influence, and can generate prosperity on behalf of the
Libyan people.
(5) To promote the development of private sector
enterprise.
(6) To improve the transparency and accountability of
public sector employment and wage distribution.
(7) To strengthen supervision of and reform of Libyan
financial institutions.
(8) To eliminate exploitation of price controls and market
distorting subsidies in the Libyan economy.
(9) To support opportunities for United States businesses.
(c) Consultation.--In supporting the framework described in
subsection (a), the Secretary of the Treasury should instruct the
United States Executive Director at each international financial
institution to encourage the institution to consult with relevant
stakeholders in the financial, governance, and energy sectors.
(d) Definition of International Financial Institution.--In this
section, the term ``international financial institution'' means the
International Monetary Fund, International Bank for Reconstruction and
Development, European Bank for Reconstruction and Development,
International Development Association, International Finance
Corporation, Multilateral Investment Guarantee Agency, African
Development Bank, African Development Fund, Asian Development Bank,
Inter-American Development Bank, Bank for Economic Cooperation and
Development in the Middle East and North Africa, and Inter-American
Investment Corporation.
(e) Termination.--The requirements of this section shall cease to
be effective on December 31, 2026.
SEC. 6134. RECOVERING ASSETS STOLEN FROM THE LIBYAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State, the Secretary of the Treasury, and the Attorney
General should, to the extent practicable, advance a coordinated
international effort--
(1) to carry out special financial investigations to
identify and track assets taken from the people and
institutions of Libya through theft, corruption, money
laundering, or other illicit means; and
(2) to work with foreign governments--
(A) to share financial investigations intelligence,
as appropriate;
(B) to oversee the assets identified pursuant to
paragraph (1); and
(C) to provide technical assistance to help
governments establish the necessary legal framework to
carry out asset forfeitures.
(b) Additional Elements.--The coordinated international effort
described in subsection (a) should include input from--
(1) the Office of Terrorist Financing and Financial Crimes
of the Department of the Treasury;
(2) the Financial Crimes Enforcement Network of the
Department of the Treasury; and
(3) the Money Laundering and Asset Recovery Section of the
Department of Justice.
SEC. 6135. AUTHORITY TO EXPAND EDUCATIONAL AND CULTURAL EXCHANGE
PROGRAMS WITH LIBYA.
(a) Sense of Congress.--It is the sense of Congress that the United
States should expand educational and cultural exchange programs with
Libya to promote mutual understanding and people-to-people linkages
between the United States and Libya.
(b) Authority.--The President is authorized to expand educational
and cultural exchange programs with Libya, including programs carried
out under the following:
(1) The J. William Fulbright Educational Exchange Program
referred to in paragraph (1) of section 112(a) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2460(a)).
(2) The International Visitors Program referred to in
paragraph (3) of such section.
(3) The U.S.-Middle East Partnership Initiative (MEPI)
Student Leaders Program.
(4) The Youth Exchange and Study Program.
(5) Other related programs administered by the Department
of State.
TITLE LXII--DISTRICT OF COLUMBIA NATIONAL GUARD HOME RULE
SEC. 6251. SHORT TITLE.
This title may be cited as the ``District of Columbia National
Guard Home Rule Act''.
SEC. 6252. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE
DISTRICT OF COLUMBIA.
(a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled
``An Act to provide for the organization of the militia of the District
of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49-
409, D.C. Official Code), is amended by striking ``President of the
United States'' and inserting ``Mayor of the District of Columbia''.
(b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C.
Official Code) is amended by striking ``President of the United
States'' each place it appears and inserting ``Mayor of the District of
Columbia''.
(c) Appointment of Commissioned Officers.--(1) Section 7(a) of such
Act (sec. 49-301(a), D.C. Official Code) is amended--
(A) by striking ``President of the United States'' and
inserting ``Mayor of the District of Columbia''; and
(B) by striking ``President.'' and inserting ``Mayor.''.
(2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is
amended by striking ``President'' and inserting ``Mayor of the District
of Columbia''.
(3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is
amended by striking ``President of the United States'' and inserting
``Mayor of the District of Columbia''.
(4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``to the Secretary of
the Army'' and all that follows through ``which board'' and
inserting ``to a board of examination appointed by the
Commanding General, which''; and
(B) in subsection (b), by striking ``the Secretary of the
Army'' and all that follows through the period and inserting
``the Mayor of the District of Columbia, together with any
recommendations of the Commanding General.''.
(5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is
amended--
(A) by striking ``President of the United States'' each
place it appears and inserting ``Mayor of the District of
Columbia''; and
(B) by striking ``the President may retire'' and inserting
``the Mayor may retire''.
(d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C.
Official Code) is amended by striking ``, or for the United States
Marshal'' and all that follows through ``shall thereupon order'' and
inserting ``to order''.
(2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is
amended by striking ``the President'' and inserting ``the Mayor of the
District of Columbia''.
(e) General Courts Martial.--Section 51 of such Act (sec. 49-503,
D.C. Official Code) is amended by striking ``the President of the
United States'' and inserting ``the Mayor of the District of
Columbia''.
SEC. 6253. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) Failure To Satisfactorily Perform Prescribed Training.--Section
10148(b) of title 10, United States Code, is amended by striking ``the
commanding general of the District of Columbia National Guard'' and
inserting ``the Mayor of the District of Columbia''.
(b) Appointment of Chief of National Guard Bureau.--Section
10502(a)(1) of such title is amended by striking ``the commanding
general of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''.
(c) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of
such title is amended by striking ``the commanding general of the
District of Columbia National Guard'' and inserting ``the Mayor of the
District of Columbia''.
(d) Other Senior National Guard Bureau Officers.--Section
10506(a)(1) of such title is amended by striking ``the commanding
general of the District of Columbia National Guard'' both places it
appears and inserting ``the Mayor of the District of Columbia''.
(e) Consent for Active Duty or Relocation.--(1) Section 12301 of
such title is amended--
(A) in subsection (b), by striking ``commanding general of
the District of Columbia National Guard'' in the second
sentence and inserting ``Mayor of the District of Columbia'';
and
(B) in subsection (d), by striking the period at the end
and inserting the following: ``, or, in the case of the
District of Columbia National Guard, the Mayor of the District
of Columbia.''.
(2) Section 12406 of such title is amended by striking ``the
commanding general of the National Guard of the District of Columbia''
and inserting ``the Mayor of the District of Columbia''.
(f) Consent for Relocation of Units.--Section 18238 of such title
is amended by striking ``the commanding general of the National Guard
of the District of Columbia'' and inserting ``the Mayor of the District
of Columbia''.
SEC. 6254. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE.
(a) Maintenance of Other Troops.--Section 109(c) of title 32,
United States Code, is amended by striking ``(or commanding general in
the case of the District of Columbia)''.
(b) Drug Interdiction and Counter-Drug Activities.--Section
112(h)(2) of such title is amended by striking ``the Commanding General
of the National Guard of the District of Columbia'' and inserting ``the
Mayor of the District of Columbia''.
(c) Additional Assistance.--Section 113 of such title is amended by
adding at the end the following new subsection:
``(e) Inclusion of District of Columbia.--In this section, the term
`State' includes the District of Columbia.''.
(d) Appointment of Adjutant General.--Section 314 of such title is
amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively; and
(3) in subsection (b) (as so redesignated), by striking
``the commanding general of the District of Columbia National
Guard'' and inserting ``the Mayor of the District of
Columbia,''.
(e) Relief From National Guard Duty.--Section 325(a)(2)(B) of such
title is amended by striking ``commanding general of the District of
Columbia National Guard'' and inserting ``the Mayor of the District of
Columbia''.
(f) Authority To Order To Perform Active Guard and Reserve Duty.--
(1) Authority.--Subsection (a) of section 328 of such title
is amended by striking ``the commanding general of the District
of Columbia National Guard'' and inserting ``the Mayor of the
District of Columbia''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 328. Active Guard and Reserve duty: authority of chief
executive''.
(B) Table of sections.--The table of sections at
the beginning of chapter 3 of such title is amended by
striking the item relating to section 328 and inserting
the following new item:
``328. Active Guard and Reserve duty: authority of chief executive.''.
(g) Personnel Matters.--Section 505 of such title is amended by
striking ``commanding general of the National Guard of the District of
Columbia'' in the first sentence and inserting ``Mayor of the District
of Columbia''.
(h) National Guard Challenge Program.--Section 509 of such title is
amended--
(1) in subsection (c)(1), by striking ``the commanding
general of the District of Columbia National Guard, under which
the Governor or the commanding general'' and inserting ``the
Mayor of the District of Columbia, under which the Governor or
the Mayor'';
(2) in subsection (g)(2), by striking ``the commanding
general of the District of Columbia National Guard'' and
inserting ``the Mayor of the District of Columbia'';
(3) in subsection (j), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''; and
(4) in subsection (k), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''.
(i) Issuance of Supplies.--Section 702(a) of such title is amended
by striking ``commanding general of the National Guard of the District
of Columbia'' and inserting ``Mayor of the District of Columbia''.
(j) Appointment of Fiscal Officer.--Section 708(a) of such title is
amended by striking ``commanding general of the National Guard of the
District of Columbia'' and inserting ``Mayor of the District of
Columbia''.
SEC. 6255. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE
ACT.
Section 602(b) of the District of Columbia Home Rule Act (sec. 1-
206.02(b), D.C. Official Code) is amended by striking ``the National
Guard of the District of Columbia,''.
TITLE LXIII--PREVENTING FUTURE PANDEMICS
SEC. 6301. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--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) Commercial trade in live wildlife.--The term
``commercial trade in live wildlife''--
(A) means commercial trade in live wildlife for
human consumption as food or medicine, whether the
animals originated in the wild or in a captive
environment; and
(B) does not include--
(i) fish;
(ii) invertebrates;
(iii) amphibians and reptiles; and
(iv) the meat of ruminant game species--
(I) traded in markets in countries
with effective implementation and
enforcement of scientifically based,
nationally implemented policies and
legislation for processing, trans-port,
trade, and marketing; and
(II) sold after being slaughtered
and processed under sanitary
conditions.
(3) One health.--The term ``One Health'' means a
collaborative, multi-sectoral, and transdisciplinary approach
working at the local, regional, national, and global levels
with the goal of achieving optimal health outcomes that
recognizes the interconnection between--
(A) people, animals, both wild and domestic, and
plants; and
(B) the environment shared by such people, animals,
and plants.
(4) Wildlife market.--The term ``wildlife market''--
(A) means a commercial market or subsection of a
commercial market--
(i) where live mammalian or avian wildlife
is held, slaughtered, or sold for human
consumption as food or medicine whether the
animals originated in the wild or in a captive
environment; and
(ii) that delivers a product in communities
where alternative nutritional or protein
sources are readily available and affordable;
and
(B) does not include--
(i) markets in areas where no other
practical alternative sources of protein or
meat exists, such as wildlife markets in rural
areas on which indigenous people and rural
local communities rely to feed them-selves and
their families; and
(ii) processors of dead wild game and fish.
SEC. 6302. COUNTRY-DRIVEN APPROACH TO END THE COMMERCIAL TRADE IN LIVE
WILDLIFE AND ASSOCIATED WILDLIFE MARKETS.
(a) In General.--Not later than 120 days after the completion of
the first report required under section 6305, the Secretary of State,
in coordination with the Administrator of the United States Agency for
International Development and the heads of other relevant Federal
departments and agencies, including the Centers for Disease Control and
Prevention, the Secretary of Agriculture, and the Secretary of the
Interior, and after consideration of the results of best available
scientific findings of practices and behaviors occurring at the source
of zoonoses spillover and spread, shall publicly release a list of
countries the governments of which express willingness to end the
domestic and international commercial trade in live wildlife and
associated wildlife markets for human consumption, as defined for
purposes of this title--
(1) immediately;
(2) after a transitional period; and
(3) aspirationally, over a long-term period.
(b) Global Health Security Zoonosis Plans.--The Secretary of State
and the Administrator of the United States Agency for International
Development shall work bilaterally with the governments of the
countries listed pursuant to subsection (a) to establish Global Health
Security Zoonoses Plans that--
(1) outline actions to address novel pathogens of zoonotic
origin that have the potential to become epidemics or
pandemics;
(2) identify incentives and strengthened policies; and
(3) provide technical support to communities, policy
makers, civil society, law enforcement, and other stakeholders
to--
(A) end the domestic and international commercial
trade in live wildlife and associated wildlife markets
for human consumption immediately, during a
transitional period, or aspirationally; and
(B) improve the biosecurity and sanitation
conditions in markets.
(c) Updates.--The list of countries required by subsection (a), the
corresponding Global Health Security Zoonosis plans established
pursuant to subsection (b), and any actions taken under such plans to
end the commercial trade in live wildlife and associated wildlife
markets for human consumption immediately, during a transitional
period, or aspirationally, shall be reviewed, updated, and publicly
released annually by the Secretary and Administrator, following review
of the most recent scientific data.
SEC. 6303. SENSE OF CONGRESS.
It is the sense of Congress that global institutions, including the
Food and Agriculture Organization of the United Nations, the World
Organisation for Animal Health, the World Health Organization, and the
United Nations Environment Programme, together with leading
intergovernmental and nongovernmental organizations, veterinary and
medical colleges, the Department of State, and the United States Agency
for International Development, should--
(1) promote the paradigm of One Health as an effective and
integrated way to address the complexity of emerging disease
threats; and
(2) support improved community health, biodiversity
conservation, forest conservation and management, sustainable
agriculture, and the safety of livestock, domestic animals, and
wildlife in developing countries, particularly in tropical
landscapes where there is an elevated risk of zoonotic disease
spill over.
SEC. 6304. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) support the availability of scalable and sustainable
alternative sources of protein and nutrition for local
communities, where appropriate, in order to minimize human
reliance on the commercial trade in live wildlife for human
consumption;
(2) support foreign governments to--
(A) reduce commercial trade in live wildlife for
human consumption;
(B) transition from the commercial trade in live
wildlife for human consumption to sustainably produced
alternate protein and nutritional sources;
(C) establish and effectively manage and protect
natural habitat, including protected and conserved
areas and the lands of Indigenous peoples and local
communities, particularly in countries with tropical
forest hotspots for emerging diseases;
(D) strengthen veterinary and agricultural
extension capacity to improve sanitation along the
value chain and biosecurity of live animal markets; and
(E) strengthen public health capacity, particularly
in countries where there is a high risk of emerging
zoonotic viruses and other infectious diseases;
(3) respect the rights and needs of indigenous peoples and
local communities dependent on such wildlife for nutritional
needs and food security; and
(4) facilitate international cooperation by working with
international partners through intergovernmental,
international, and nongovernmental organizations such as the
United Nations to--
(A) lead a resolution at the United Nations
Security Council or General Assembly and World Health
Assembly outlining the danger to human and animal
health from emerging zoonotic infectious diseases, with
recommendations for implementing the closure of
wildlife markets and prevention of the commercial trade
in live wildlife for human consumption, except where
the consumption of wildlife is necessary for local food
security or where such actions would significantly
disrupt a readily available and irreplaceable food
supply;
(B) raise awareness and build stakeholder
engagement networks, including civil society, the
private sector, and local and regional governments on
the dangerous potential of wildlife markets as a source
of zoonotic diseases and reduce demand for the
consumption of wildlife through evidence-based behavior
change programs, while ensuring that existing wildlife
habitat is not encroached upon or destroyed as part of
this process;
(C) encourage and support alternative forms of
sustainable food production, farming, and shifts to
sustainable sources of protein and nutrition instead of
terrestrial wildlife, where able and appropriate, and
reduce consumer demand for terrestrial and freshwater
wildlife through enhanced local and national food
systems, especially in areas where wildlife markets
play a significant role in meeting subsistence needs
while ensuring that existing wildlife habitat is not
encroached upon or destroyed as part of this process;
and
(D) strive to increase biosecurity and hygienic
standards implemented in farms, gathering centers,
transport, and market systems around the globe,
especially those specializing in the provision of
products intended for human consumption.
SEC. 6305. PREVENTION OF FUTURE ZOONOTIC SPILLOVER EVENT.
(a) In General.--The Secretary of State and the Administrator of
the United States Agency for International Development, in consultation
with the Director of the United States Fish and Wildlife Service, the
Secretary of Agriculture, the Director of the Centers for Disease
Control and Prevention, and the heads of other relevant departments and
agencies, shall work with foreign governments, multilateral entities,
intergovernmental organizations, international partners, private sector
partners, and nongovernmental organizations to carry out activities
supporting the following objectives, recognizing that multiple
interventions will likely be necessary to make an impact, and that
interventions will need to be tailored to the situation to--
(1) pursuant to section 6302, close wildlife markets and
prevent associated commercial trade in live wildlife, placing a
priority focus on countries with significant markets for live
wildlife for human consumption, high-volume commercial trade
and associated markets, trade in and across urban centers, and
trade for luxury consumption or where there is no dietary
necessity--
(A) through existing treaties, conventions, and
agreements;
(B) by amending existing protocols or agreements;
(C) by pursuing new protocols; or
(D) by other means of international coordination;
(2) improve regulatory oversight and reduce commercial
trade in live wildlife and eliminate practices identified to
contribute to zoonotic spillover and emerging pathogens;
(3) prevent commercial trade in live wildlife through
programs that combat wildlife trafficking and poaching,
including--
(A) providing assistance to improve law
enforcement;
(B) detecting and deterring the illegal import,
transit, sale, and export of wildlife;
(C) strengthening such programs to assist countries
through legal reform;
(D) improving information sharing and enhancing
capabilities of participating foreign governments;
(E) supporting efforts to change behavior and
reduce demand for such wildlife products;
(F) leveraging United States private sector
technologies and expertise to scale and enhance
enforcement responses to detect and prevent such trade;
and
(G) strengthening collaboration with key private
sector entities in the transportation industry to
prevent and report the transport of such wildlife and
wildlife products;
(4) leverage strong United States bilateral relationships
to support new and existing inter-Ministerial collaborations or
Task Forces that can serve as regional One Health models;
(5) build local agricultural and food safety capacity by
leveraging expertise from the United States Department of
Agriculture (USDA) and institutions of higher education with
agricultural or natural resource expertise;
(6) work through international organizations to help
develop a set of objective risk-based metrics that provide a
cross-country comparable measure of the level of risk posed by
wildlife trade and marketing and can be used to track progress
nations make in reducing risks, identify where resources should
be focused, and potentially leverage a peer influence effect;
(7) increase efforts to prevent the degradation and
fragmentation of forests and other intact ecosystems to
minimize interactions between wildlife and human and livestock
populations that could contribute to spillover events and
zoonotic disease transmission, including by providing
assistance or supporting policies to, for example--
(A) conserve, protect, and restore the integrity of
such ecosystems;
(B) support the rights and needs of Indigenous
People and local communities and their ability to
continue their effective stewardship of their
traditional lands and territories;
(C) support the establishment and effective
management of protected areas, prioritizing highly
intact areas; and
(D) prevent activities that result in the
destruction, degradation, fragmentation, or conversion
of intact forests and other intact ecosystems and
biodiversity strongholds, including by governments,
private sector entities, and multilateral development
financial institutions;
(8) offer appropriate alternative livelihood and worker
training programs and enterprise development to wildlife
traders, wildlife breeders, and local communities whose members
are engaged in the commercial trade in live wildlife for human
consumption;
(9) ensure that the rights of indigenous peoples and local
communities are respected and their authority to exercise these
rights is protected;
(10) strengthen global capacity for prevention, prediction,
and detection of novel and existing zoonoses with pandemic
potential, including the support of innovative technologies in
coordination with the United States Agency for International
Development, the Centers for Disease Control and Prevention,
and other relevant departments and agencies; and
(11) support the development of One Health systems at the
local, regional, national, and global levels in coordination
with the United States Agency for International Development,
the Centers for Disease Control and Prevention, and other
relevant departments and agencies, particularly in emerging
infectious disease hotspots, through a collaborative,
multisectoral, and transdisciplinary approach that recognizes
the interconnections among people, animals, plants, and their
shared environment to achieve equitable and sustainable health
outcomes.
(b) Activities May Include.--
(1) Global cooperation.--The United States Government,
working through the United Nations and its components, as well
as international organization such as Interpol, the Food and
Agriculture Organization of the United Nations, and the World
Organisation for Animal Health, and in furtherance of the
policies described in section 6304, shall--
(A) collaborate with other member States, issue
declarations, statements, and communiques urging
countries to close wildlife markets, and prevent
commercial trade in live wildlife for human
consumption; and
(B) urge increased enforcement of existing laws to
end wildlife trafficking.
(2) International coalitions.--The Secretary of State shall
seek to build new, and support existing, international
coalitions focused on closing wildlife markets and preventing
commercial trade in live wildlife for human consumption, with a
focus on the following efforts:
(A) Providing assistance and advice to other
governments in the adoption of legislation and
regulations to close wildlife markets and associated
trade over such timeframe and in such manner as to
minimize the increase of wildlife trafficking and
poaching.
(B) Creating economic and enforcement pressure for
the immediate shut down of uncontrolled, unsanitary, or
illicit wildlife markets and their supply chains to
prevent their operation.
(C) Providing assistance and guidance to other
governments on measures to prohibit the import, export,
and domestic commercial trade in live wildlife for the
purpose of human consumption.
(D) Implementing risk reduction interventions and
control options to address zoonotic spillover along the
supply chain for the wildlife market system.
(E) Engaging and receiving guidance from key
stakeholders at the ministerial, local government, and
civil society level, including Indigenous Peoples, in
countries that will be impacted by this title and where
wildlife markets and associated wildlife trade are the
predominant source of meat or protein, in order to
mitigate the impact of any international efforts on
food security, nutrition, local customs, conservation
methods, or cultural norms.
(c) United States Agency for International Development.--
(1) Sustainable food systems funding.--
(A) Authorization of appropriations.--In addition
to any other amounts provided for such purposes, there
is authorized to be appropriated such sums as necessary
for each of fiscal years 2023 through 2032 to the
United States Agency for International Development to
reduce demand for consumption of wildlife from wildlife
markets and support shifts to diversified alternative
and sustainably produced sources of nutritious food and
protein in communities that rely upon the consumption
of wildlife for food security, while ensuring that
existing wildlife habitat is not encroached upon or
destroyed as part of this process, using a
multisectoral approach and including support for
demonstration programs.
(B) Activities.--The Bureau for Development,
Democracy and Innovation (DDI), the Bureau for
Resilience and Food Security (RFS), and the Bureau for
Global Health (GH) of the United States Agency for
International Development shall, in partnership with
United States and international institutions of higher
education and nongovernmental organizations, co-develop
approaches focused on safe, sustainable food systems
that support and incentivize the replacement of
terrestrial wildlife in diets, while ensuring that
existing wildlife habitat is not encroached upon or
destroyed as part of this process.
(2) Addressing threats and causes of zoonotic disease
outbreaks.--The Administrator of the United States Agency for
International Development, in consultation with the Secretary
of the Interior, shall increase activities in United States
Agency for International Development programs related to
conserving biodiversity, combating wildlife trafficking,
sustainable landscapes, global health, food security, and
resilience in order to address the threats and causes of
zoonotic disease outbreaks, including through--
(A) education;
(B) capacity building;
(C) strengthening human, livestock, and wildlife
health monitoring systems of pathogens of zoonotic
origin to support early detection and reporting of
novel and known pathogens for emergence of zoonotic
disease and strengthening cross-sectoral collaboration
to align risk reduction approaches in consultation with
the Director of the Centers for Disease Control and the
Secretary of Health and Human Services;
(D) improved domestic and wild animal disease
monitoring and control at production and market levels;
(E) development of alternative livelihood
opportunities where possible;
(F) preventing degradation and fragmentation of
forests and other intact ecosystems and restoring the
integrity of such ecosystems, particularly in tropical
countries, to prevent the creation of new pathways for
zoonotic pathogen transmission that arise from
interactions among wildlife, humans, and livestock
populations;
(G) minimizing interactions between domestic
livestock and wild animals in markets and captive
production;
(H) supporting shifts from wildlife markets to
diversified, safe, affordable, and accessible
alternative sources of protein and nutrition through
enhanced local and national food systems while ensuring
that existing wildlife habitat is not encroached upon
or destroyed as part of this process;
(I) improving community health, forest management
practices, and safety of livestock production in
tropical landscapes, particularly in hotspots for
zoonotic spillover and emerging infectious diseases;
(J) preventing degradation and fragmentation of
forests and other intact ecosystems, particularly in
tropical countries, to minimize interactions between
wildlife, human, and livestock populations that could
contribute to spillover events and zoonotic disease
transmission, including by providing assistance or
supporting policies to--
(i) conserve, protect, and restore the
integrity of such ecosystems; and
(ii) support the rights of Indigenous
People and local communities and their ability
to continue their effective steward ship of
their intact traditional lands and territories;
(K) supporting development and use of multi-data
sourced predictive models and decisionmaking tools to
identify areas of highest probability of zoonotic
spillover and to determine cost-effective monitoring
and mitigation approaches; and
(L) other relevant activities described in this
section that are within the mandate of the United
States Agency for International Development.
(d) Staffing Requirements.--The Administrator of the United States
Agency for International Development, in collaboration with the United
States Fish and Wildlife Service, the United States Department of
Agriculture Animal and Plant Health Inspection Service, the Centers for
Disease Control and Prevention, and other Federal entities as
appropriate, is authorized to hire additional personnel--
(1) to undertake programs aimed at reducing the risks of
endemic and emerging infectious diseases and exposure to
antimicrobial resistant pathogens;
(2) to provide administrative support and resources to
ensure effective and efficient coordination of funding
opportunities and sharing of expertise from relevant United
States Agency for International Development bureaus and
programs, including emerging pandemic threats;
(3) to award funding to on-the-ground projects;
(4) to provide project oversight to ensure accountability
and transparency in all phases of the award process; and
(5) to undertake additional activities under this title.
(e) Reporting Requirements.--
(1) Department of state and united states agency for
international development.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, and annually
thereafter until 2030, the Secretary of State and the
Administrator of the United States Agency for
International Development shall submit to the
appropriate congressional committees a report--
(i) describing--
(I) the actions taken pursuant to
this title and the provision of United
States technical assistance;
(II) the impact and effectiveness
of international cooperation on
shutting down wildlife markets;
(III) partnerships developed with
other institutions of higher learning
and nongovernmental organizations; and
(IV) the impact and effectiveness
of international cooperation on
preventing the import, export, and
domestic commercial trade in live
wildlife for the purpose of human use
as food or medicine, while accounting
for the differentiated needs of
vulnerable populations who depend upon
such wildlife as a predominant source
of meat or protein;
(ii) identifying--
(I) foreign countries that continue
to enable the operation of wildlife
markets as defined by this title and
the associated trade of wildlife
products for human use as food or
medicine that feeds such markets;
(II) recommendations for
incentivizing or enforcing compliance
with laws and policies to close
wildlife markets pursuant to section
6302 and uncontrolled, unsanitary, or
illicit wildlife markets and end the
associated commercial trade in live
wildlife for human use as food or
medicine, which may include visa
restrictions and other diplomatic or
economic tools; and
(III) summarizing additional
personnel hired with funding authorized
under this title, including the number
hired in each bureau.
(B) Initial report.--The first report submitted
under subparagraph (A) shall include, in addition to
the elements described in such subparagraph, a summary
of existing research and findings related to the risk
live wildlife markets pose to human health through the
emergence or reemergence of pathogens and activities to
reduce the risk of zoonotic spillover.
(C) Form.--The report required under this paragraph
shall be submitted in unclassified form, but may
include a classified annex.
SEC. 6306. LAW ENFORCEMENT ATTACHE DEPLOYMENT.
(a) In General.--The Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service, and in
consultation with the Secretary of State, shall require the Chief of
Law Enforcement of the United States Fish and Wildlife Service to hire,
train, and deploy not fewer than 50 new United States Fish and Wildlife
Service law enforcement attaches, and appropriate additional support
staff, at 1 or more United States embassies, consulates, commands, or
other facilities--
(1) in 1 or more countries designated as a focus country or
a country of concern in the most recent report submitted under
section 201 of the Eliminate, Neutralize, and Disrupt Wildlife
Trafficking Act of 2016 (16 U.S.C. 7621); and
(2) in such additional countries or regions, as determined
by the Secretary of the Interior, that are known or suspected
to be a source of illegal trade of species listed--
(A) as a threatened species or an endangered
species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
(B) under appendix I of the Convention on
International Trade in Endangered Species of Wild Fauna
and Flora, done at Washington March 3, 1973 (27 UST
1087; TIAS 8249).
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $150,000,000 for each of fiscal
years 2023 through 2032.
SEC. 6307. RESERVATION OF RIGHTS.
Nothing in this title shall restrict or otherwise prohibit--
(1) legal and regulated hunting, fishing, or trapping
activities for subsistence, sport, or recreation; or
(2) the lawful domestic and international transport of
legally harvested fish or wildlife trophies.
TITLE LXIV--PROHIBITION OF ARMS SALES TO COUNTRIES COMMITTING GENOCIDE
OR WAR CRIMES AND RELATED MATTERS
SEC. 6401. PROHIBITION OF ARMS SALES TO COUNTRIES COMMITTING GENOCIDE
OR WAR CRIMES.
(a) In General.--No sale, export, or transfer of defense articles
or defense services may occur to any country if the Secretary of State
has credible information that the government of such country has
committed or is committing genocide or violations of international
humanitarian law after the date of the enactment of this Act.
(b) Exception.--The restriction under subsection (a) shall not
apply if the Secretary of State certifies to the appropriate
congressional committees that--
(1) the government has adequately punished the persons
directly or indirectly responsible for such acts through a
credible, transparent, and effective judicial process;
(2) appropriate measures have been instituted to ensure
that such acts will not recur; and
(3) other appropriate compensation or appropriate
compensatory measures have been or are being provided to the
persons harmed by such acts.
SEC. 6402. CONSIDERATION OF HUMAN RIGHTS AND DEMOCRATIZATION IN ARMS
EXPORTS.
(a) In General.--In considering the sale, export, or transfer of
defense articles and defense services to foreign countries, the
Secretary of State shall--
(1) also consider the extent to which the government of the
foreign country protects human rights and supports democratic
institutions, including an independent judiciary; and
(2) ensure that the views and expertise of the Bureau of
Democracy, Human Rights, and Labor of the Department of State
in connection with any sale, export, or transfer are fully
taken into account.
(b) Inspector General Oversight.--Not later than one year after the
date of the enactment of this Act, and annually thereafter for four
years, the Inspector General of the Department of State shall submit to
the appropriate congressional committees a report on the implementation
of the requirement under subsection (a) during the preceding year.
SEC. 6403. ENHANCEMENT OF CONGRESSIONAL OVERSIGHT OF HUMAN RIGHTS IN
ARMS EXPORTS.
(a) In General.--It is the sense of Congress that any letter of
offer to sell, or any application for a license to export or transfer,
defense articles or defense services controlled for export, regardless
of monetary value, should take into account as part of its evaluation
whether the Secretary of State has credible information, with respect
to a country to which the defense articles or defense services are
proposed to be sold, exported, or transferred, that--
(1) the government of such country on or after the date of
enactment of this Act has been deposed by a coup d'etat or
decree in which the military played a decisive role, and a
democratically elected government has not taken office
subsequent to the coup or decree; or
(2) a unit of the security forces of the government of such
country--
(A) has violated international humanitarian law and
has not been credibly investigated and subjected to a
credible and transparent judicial process addressing
such allegation; or
(B) has committed a gross violation of human
rights, and has not been credibly investigated and
subjected to a credible and transparent judicial
process addressing such allegation, including, inter
alia--
(i) torture;
(ii) rape or sexual assault;
(iii) ethnic cleansing of civilians;
(iv) recruitment or use of child soldiers;
(v) unjust or wrongful detention;
(vi) the operation of, or effective control
or direction over, secret detention facilities;
or
(vii) extrajudicial killings or enforced
disappearances, whether by military, police, or
other security forces.
(b) Inclusion of Information in Human Rights Report.--The Secretary
of State shall also provide to the appropriate congressional committees
the report described in section 502B(c) of the Foreign Assistance Act
(22 U.S.C. 2304(c)) biannually for the period of time specified in
subsection (c) of this section regarding any country covered under
subsection (a).
(c) Modification of Prior Notification of Shipment of Arms.--
Section 36(i) of the Arms Export Control Act (22 U.S.C. 2776(i)) is
amended by striking ``subject to the requirements of subsection (b) at
the joint request of the Chairman and Ranking Member'' and inserting
``subject to the requirements of this section at the request of the
Chairman or Ranking Member''.
SEC. 6404. END USE MONITORING OF MISUSE OF ARMS IN HUMAN RIGHTS ABUSES.
(a) End Use Monitoring.--Section 40A(a)(2)(B) of the Arms Export
Control Act (22 U.S.C. 2785) is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``and;''; and
(3) by adding at the end the following new clause:
``(iii) such articles and services are not
being used to violate international
humanitarian law or internationally recognized
human rights.''.
(b) Report.--The Secretary shall report to the appropriate
congressional committees on the measures that will be taken, including
any additional resources needed, to conduct an effective end-use
monitoring program to fulfill the requirement of clause (iii) of
section 40A(a)(2)(B) of the Arms Export Control Act, as added by
subsection (a)(3).
SEC. 6405. DEFINITIONS.
In this title:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) The terms ``defense article'' and ``defense service''
have the same meanings given the terms in section 47 of the
Arms Export Control Act (22 U.S.C. 2794).
TITLE LXV--BURMA ACT OF 2022
SEC. 6501. SHORT TITLE.
This title may be cited as the ``Burma Unified through Rigorous
Military Accountability Act of 2022'' or the ``BURMA Act of 2022''.
SEC. 6502. DEFINITIONS.
In this title:
(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) Crimes against humanity.--The term ``crimes against
humanity'' includes the following, when committed as part of a
widespread or systematic attack directed against any civilian
population, with knowledge of the attack:
(A) Murder.
(B) Forced transfer of population.
(C) Torture.
(D) Extermination.
(E) Enslavement.
(F) Rape, sexual slavery, or any other form of
sexual violence of comparable severity.
(G) Enforced disappearance of persons.
(H) Persecution against any identifiable group or
collectivity on political, racial, national, ethnic,
cultural, religious, gender, or other grounds that are
universally recognized as impermissible under
international law.
(I) Imprisonment or other severe deprivation of
physical liberty in violation of fundamental rules of
international law.
(3) 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).
(4) Genocide.--The term ``genocide'' means any offense
described in section 1091(a) of title 18, United States Code.
(5) Transitional justice.--The term ``transitional
justice'' means the range of judicial, nonjudicial, formal,
informal, retributive, and restorative measures employed by
countries transitioning out of armed conflict or repressive
regimes, or employed by the international community through
international justice mechanisms, to redress past or ongoing
atrocities and to promote long-term, sustainable peace.
(6) War crime.--The term ``war crime'' has the meaning
given the term in section 2441(c) of title 18, United States
Code.
Subtitle A--Matters Relating to the Conflict in Burma
SEC. 6511. FINDINGS.
Congress makes the following findings:
(1) Since 1988, the United States policy of principled
engagement has fostered positive democratic reforms in Burma,
with elections in 2010, 2015, and 2020, helping to bring about
the partial transition to civilian rule and with the latter 2
elections resulting in resounding electoral victories for the
National League for Democracy.
(2) That democratic transition remained incomplete, with
the military retaining significant power and independence from
civilian control following the 2015 elections, including
through control of 25 percent of parliamentary seats, a de
facto veto over constitutional reform, authority over multiple
government ministries, and the ability to operate with impunity
and no civilian oversight.
(3) Despite some improvements with respect for human rights
and fundamental freedoms beginning in 2010, and the
establishment of a quasi-civilian government following credible
elections in 2015, Burma's military leaders have, since 2016,
overseen an increase in restrictions to freedom of expression
(including for members of the press), freedom of peaceful
assembly, freedom of association, and freedom of religion or
belief.
(4) On August 25, 2017, Burmese military and security
forces launched a genocidal military campaign against Rohingya,
resulting in a mass exodus of some 750,000 Rohingya from
Burma's Rakhine State into Bangladesh, where they remain. The
military has since taken no steps to improve conditions for
Rohingya still in Rakhine State, who remain at high risk of
genocide and other atrocities, or to create conditions
conducive to the voluntary return of Rohingya refugees and
other internally displaced persons (IDPs).
(5) The Burmese military has also engaged in renewed
violence with other ethnic minority groups across the country.
The military has continued to commit atrocities in Chin,
Kachin, Kayah, and Shan. Fighting in northern Burma has forced
more than 100,000 people from their homes and into camps for
internally displaced persons. The Burmese military continues to
heavily proscribe humanitarian and media access to conflict-
affected populations across the country.
(6) With more nearly $470,000,000 in humanitarian
assistance in response to the crisis in fiscal year 2021, the
United States is the largest humanitarian donor to populations
in need as a result of conflicts in Burma. In May 2021, the
United States announced nearly $155,000,000 in additional
humanitarian assistance to meet the urgent needs of Rohingya
refugees and host communities in Bangladesh and people affected
by ongoing violence in Burma's Rakhine, Kachin, Shan, and Chin
states. In September 2021, the United States provided nearly
$180,000,000 in additional critical humanitarian assistance to
the people of Burma, bringing the total fiscal year 2021 to
more than $434,000,000.
(7) Both government- and military-initiated investigations
into human rights abuses in Burma involving violence between
ethnic minorities and Burmese security forces have failed to
yield credible results or hold perpetrators accountable.
(8) In its report dated September 17, 2018, the United
Nations Independent International Fact-Finding Mission on
Myanmar concluded, on reasonable grounds, that the factors
allowing inference of ``genocidal intent'' are present with
respect to the attacks against Rohingya in Rakhine State, and
acts by Burmese security forces against Rohingya in Rakhine
State and other ethnic minorities in Kachin and Shan States
amount to ``crimes against humanity'' and ``war crimes''. The
Independent International Fact-Finding Mission on Myanmar
established by the United Nations Human Rights Council
recommended that the United Nations Security Council ``should
ensure accountability for crimes under international law
committed in Myanmar, preferably by referring the situation to
the International Criminal Court or alternatively by creating
an ad hoc international criminal tribunal''. The Mission also
recommended the imposition of targeted economic sanctions,
including an arms embargo on Burma.
(9) On December 13, 2018, the United States House of
Representatives passed House Resolution 1091 (115th Congress),
which expressed the sense of the House that ``the atrocities
committed against the Rohingya by the Burmese military and
security forces since August 2017 constitute crimes against
humanity and genocide'' and called upon the Secretary of State
to review the available evidence and make a similar
determination.
(10) In a subsequent report dated August 5, 2019, the
United Nations Independent International Fact-Finding Mission
on Myanmar found that the Burmese military's economic interests
``enable its conduct'' and that it benefits from and supports
extractive industry businesses operating in conflict-affected
areas in northern Burma, including natural resources,
particularly oil and gas, minerals and gems and argued that
``through controlling its own business empire, the Tatmadaw can
evade the accountability and oversight that normally arise from
civilian oversight of military budgets''. The report called for
the United Nations and individual governments to place targeted
sanctions on all senior officials in the Burmese military as
well as their economic interests, especially Myanma Economic
Holdings Limited and Myanmar Economic Corporation.
(11) Burma's November 2020 election resulted in a landslide
victory for the National League of Democracy, with the National
League for Democracy winning a large majority of seats in
Burma's national parliament. The elections were judged to be
credible, and marked an important step in the country's
democratic transition.
(12) On February 1, 2021, the Burmese military conducted a
coup d'etat, declaring a year-long state of emergency and
detaining State Counsellor Aung San Suu Kyi, President Win
Myint, and dozens of other government officials and elected
members of parliament, thus derailing Burma's transition to
democracy and disregarding the will of the people of Burma as
expressed in the November 2020 general elections, which were
determined to be credible by international and national
observers.
(13) Following the coup, some ousted members of parliament
established the Committee Representing the Pyidaungsu Hluttaw
(CRPH), which subsequently established the National Unity
Consultative Council in March of 2021. The National Unity
Consultative Council includes representatives from a broad
spectrum of stakeholders in Burma opposed to the military and
the coup: elected representatives from the CRPH,
representatives from the ethnic armed organizations, members of
Burma's civil disobedience movement, and other anti-coup
forces.
(14) The CRPH subsequently released the Federal Democracy
Charter in March 2021 and established the National Unity
Government in April 2021. The National Unity Government
includes representatives from ethnic minority groups, civil
society organizations, women's groups, leaders of the civil
disobedience movement, and others.
(15) Since the coup on February 1, 2021, the Burmese
military has--
(A) used lethal force on peaceful protestors on
multiple occasions, killing more than 2,000 people,
including more than 142 children;
(B) detained more than 10,000 peaceful protestors,
participants in the Civil Disobedience Movement, labor
leaders, government officials and elected members of
parliament, members of the media, and others, according
to the Assistance Association for Political Prisoners;
(C) issued laws and directives used to further
impede fundamental freedoms, including freedom of
expression (including for members of the press),
freedom of peaceful assembly, and freedom of
association; and
(D) imposed restrictions on the internet and
telecommunications.
(16) According to the UNHCR, more than 758,000 people have
been internally displaced since the coup, while an estimated
40,000 have sought refuge in neighboring countries.
Nevertheless, the Burmese military continues to block
humanitarian assistance to populations in need. According to
the World Health Organization, the military has carried out
more than 286 attacks on health care entities since the coup
and killed at least 30 health workers. Dozens more have been
arbitrarily detained, and hundreds have warrants out for their
arrest. The military continued such attacks even as they
inhibited efforts to combat a devastating third wave of COVID-
19. The brutality of the Burmese military was on full display
on March 27, 2021, Armed Forces Day, when, after threatening on
state television to shoot protesters in the head, security
forces killed more than 150 people.
(17) The coup represents a continuation of a long pattern
of violent and anti-democratic behavior by the military that
stretches back decades, with the military having previously
taken over Burma in coups d'etat in 1962 and 1988, and having
ignored the results of the 1990 elections, and a long history
of violently repressing protest movements, including killing
and imprisoning thousands of peaceful protestors during pro-
democracy demonstrations in 1988 and 2007.
(18) On February 11, 2021, President Biden issued Executive
Order 14014 in response to the coup d'etat, authorizing
sanctions against the Burmese military, its economic interests,
and other perpetrators of the coup.
(19) Since the issuance of Executive Order 14014, President
Biden has taken several steps to impose costs on the Burmese
military and its leadership, including by designating or
otherwise imposing targeted sanctions with respect to--
(A) multiple high-ranking individuals and their
family members, including the Commander-in-Chief of the
Burmese military, Min Aung Hlaing, Burma's Chief of
Police, Than Hlaing, and the Bureau of Special
Operations commander, Lieutenant General Aung Soe, and
over 35 other individuals;
(B) state-owned and military controlled companies,
including Myanma Economic Holdings Public Company,
Ltd., Myanmar Economic Corporation, Ltd., Myanmar
Economic Holdings Ltd., Myanmar Ruby Enterprise,
Myanmar Imperial Jade Co., Ltd., and Myanma Gems
Enterprise; and
(C) other corporate entities, Burmese military
units, and Burmese military entities, including the
military regime's State Administrative Council.
(20) The United States has also implemented new
restrictions on exports and reexports to Burma pursuant to
Executive Order 14014; and
(21) On April 24, 2021, the Association of Southeast Asian
Nations (ASEAN) agreed to a five-point consensus which called
for an ``immediate cessation of violence'', ``constructive
dialogue among all parties'', the appointment of an ASEAN
special envoy, the provision of humanitarian assistance through
ASEAN's AHA Centre, and a visit by the ASEAN special envoy to
Burma. Except for the appointment of the Special Envoy in
August 2021, the other elements of the ASEAN consensus remain
unimplemented due to obstruction by the Burmese military.
(22) In June 2021, the National Unity Government included
ethnic minorities and women among its cabinet and released a
policy paper outlining pledges to Rohingya and calling for
``justice and reparations'' for the community. The statement
affirms the Rohingya right to citizenship in Burma, a
significant break from past Burmese government policies.
(23) On March 21, 2022, Secretary of State Antony Blinken
announced that the United States had concluded that ``members
of the Burmese military committed genocide and crimes against
humanity against Rohingya''.
SEC. 6512. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support genuine democracy, peace, and national
reconciliation in Burma;
(2) to pursue a strategy of calibrated engagement, which is
essential to support the establishment of a peaceful,
prosperous, and democratic Burma that includes respect for the
human rights of all individuals regardless of ethnicity and
religion;
(3) to seek the restoration to power of a civilian
government that reflects the will of the people of Burma;
(4) to support constitutional reforms that ensure civilian
governance and oversight over the military;
(5) to assist in the establishment of a fully democratic,
civilian-led, inclusive, and representative political system
that includes free, fair, credible, and democratic elections in
which all people of Burma, including all ethnic and religious
minorities, can participate in the political process at all
levels including the right to vote and to run for elected
office;
(6) to support legal reforms that ensure protection for the
civil and political rights of all individuals in Burma,
including reforms to laws that criminalize the exercise of
human rights and fundamental freedoms, and strengthening
respect for and protection of human rights, including freedom
of religion or belief;
(7) to seek the unconditional release of all prisoners of
conscience and political prisoners in Burma;
(8) to strengthen Burma's civilian governmental
institutions, including support for greater transparency and
accountability once the military is no longer in power;
(9) to empower and resource local communities, civil
society organizations, and independent media;
(10) to promote national reconciliation and the conclusion
and credible implementation of a nationwide cease-fire
agreement, followed by a peace process that is inclusive of
ethnic Rohingya, Shan, Rakhine, Kachin, Chin, Karenni, and
Karen, and other ethnic groups and leads to the development of
a political system that effectively addresses natural resource
governance, revenue-sharing, land rights, and constitutional
change enabling inclusive peace;
(11) to ensure the protection and non-refoulement of
refugees fleeing Burma to neighboring countries and prioritize
efforts to create a conducive environment and meaningfully
address long-standing structural challenges that undermine the
safety and rights of Rohingya in Rakhine State as well as
members of other ethnic and religious minorities in Burma,
including by promoting the creation of conditions for the
dignified, safe, sustainable, and voluntary return of refugees
in Bangladesh, Thailand, and in the surrounding region when
conditions allow;
(12) to support an immediate end to restrictions that
hinder the freedom of movement of members of ethnic minorities
throughout the country, including Rohingya, and an end to any
and all policies and practices designed to forcibly segregate
Rohingya, and providing humanitarian support for all internally
displaced persons in Burma;
(13) to support unfettered access for humanitarian actors,
media, and human rights mechanisms, including those established
by the United Nations Human Rights Council and the United
Nations General Assembly, to all relevant areas of Burma,
including Rakhine, Chin, Kachin, Shan, and Kayin States, as
well as Sagaing and Magway regions;
(14) to call for accountability through independent,
credible investigations and prosecutions for any potential
genocide, war crimes, and crimes against humanity, including
those involving sexual and gender-based violence and violence
against children, perpetrated against ethnic or religious
minorities, including Rohingya, by members of the military and
security forces of Burma, and other armed groups;
(15) to encourage reforms toward the military, security,
and police forces operating under civilian control and being
held accountable in civilian courts for human rights abuses,
corruption, and other abuses of power;
(16) to promote broad-based, inclusive economic development
and fostering healthy and resilient communities;
(17) to combat corruption and illegal economic activity,
including that which involves the military and its close
allies; and
(18) to promote responsible international and regional
engagement;
(19) to support and advance the strategy of calibrated
engagement, impose targeted sanctions with respect to the
Burmese military's economic interests and major sources of
income for the Burmese military, including with respect to--
(A) officials in Burma, including the Commander in
Chief of the Armed Forces of Burma, Min Aung Hlaing,
and all individuals described in paragraphs (1), (2),
and (3) of section 202(a), under the authorities
provided by title II, Executive Order 14014, and the
Global Magnitsky Human Rights Accountability Act
(subtitle F of title XII of Public Law 114-328; 22
U.S.C. 2656 note);
(B) enterprises owned or controlled by the Burmese
military, including the Myanmar Economic Corporation,
Union of Myanmar Economic Holding, Ltd., and all other
entities described in section 202(a)(4), under the
authorities provided by title II, the Burmese Freedom
and Democracy Act of 2003 (Public Law 108-61; 50 U.S.C.
1701 note), the Tom Lantos Block Burmese JADE (Junta's
Anti-Democratic Efforts) Act of 2008 (Public Law 110-
286; 50 U.S.C. 1701 note), other relevant statutory
authorities, and Executive Order 14014; and
(C) state-owned economic enterprises if--
(i) there is a substantial risk of the
Burmese military accessing the accounts of such
an enterprise; and
(ii) the imposition of sanctions would not
cause disproportionate harm to the people of
Burma, the restoration of a civilian government
in Burma, or the national interest of the
United States; and
(20) to ensure that any sanctions imposed with respect to
entities or individuals are carefully targeted to maximize
impact on the military and security forces of Burma and its
economic interests while minimizing impact on the people of
Burma, recognizing the calls from the people of Burma for the
United States to take action against the sources of income for
the military and security forces of Burma.
Subtitle B--Sanctions and Policy Coordination With Respect to Burma
SEC. 6521. DEFINITIONS.
In this title:
(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. 6522. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES
AND PERPETRATION OF A COUP IN BURMA.
(a) Mandatory Sanctions.--Not later than 60 days after 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) knowingly operates as a senior official or in a
significant capacity in the defense sector of the Burmese
economy;
(2) leading up to, during, and since the February 2021 coup
is responsible for or has directly and knowingly engaged in--
(A) actions or policies that undermine democratic
processes or institutions in Burma;
(B) actions or policies that threaten the peace,
security, or stability of Burma;
(C) actions or policies that prohibit, limit, or
penalize the exercise of freedom of expression or
assembly by people in Burma, or that limit access to
print, online, or broadcast media in Burma; or
(D) the arbitrary detention or torture of any
person in Burma or other serious human rights abuse in
Burma;
(3) is a senior leader of--
(A) the Burmese military or security forces of
Burma, or any successor entity to any of such forces;
(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 has engaged in any activity
described in paragraph (2) leading up to, during, and
after the February 2021 coup;
(4) knowingly operates--
(A) any entity that is a state-owned economic
enterprise under Burmese law (other than the entity
specified in subsection (c)) that benefits the Burmese
military, including the Myanma Gems Enterprise; or
(B) any entity controlled in whole or in part by an
entity described in subparagraph (A), or a successor to
such an entity, that benefits the Burmese military;
(5) knowingly and materially violates, attempts to violate,
conspires to violate, or has caused or attempted to cause a
violation of any license, order, regulation, or prohibition
contained in or issued pursuant to Executive Order 14014 or
this Act;
(6) to be a spouse or adult child of any person described
in any of paragraphs (1) through (5); or
(7) to be owned or controlled by, and to act for or on
behalf of, directly or indirectly, a person that has engaged in
the activity described, as the case may be, in any of
paragraphs (1) through (6).
(b) Additional Measure Relating to Facilitation of Transactions.--
The Secretary of the Treasury shall, 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 sanctioned based on
subsection (a).
(c) Additional Sanctions.--Beginning on the date that is 180 days
after the date of the enactment of this Act, the President shall impose
the sanctions described in subsection (d) with respect to the Myanma
Oil and Gas Enterprise.
(d) Sanctions Described.--The sanctions that may be imposed with
respect to a foreign person described in subsection (a) are the
following:
(1) Property blocking.--Notwithstanding the requirements of
section 202 of the International Emergency Economic Powers Act
(50 U.S.C. 1701), the President may exercise of all powers
granted to the President by that Act 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 the Secretary of
State or the Secretary of Homeland Security (or a
designee of one of such Secretaries) knows, or has
reason to believe, is described in subsection (a) 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
clause (i) regardless of when the visa or other
entry documentation is issued.
(ii) Effect of revocation.--A revocation
under subclause (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) 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.
(f) Waiver.--The President may, on a case-by-case basis and for
periods not to exceed 180 days each, 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 not later than 15 days before such waiver is to take effect
that the waiver is vital to the national security interests of the
United States.
(g) 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 regulations promulgated under section
403(b) to carry out paragraph (1)(A) to the same extent that
such penalties apply to a person that commits an unlawful act
described in section 206(a) of that Act.
(h) Report.--Not later than 60 days after the date of the enactment
of this Act and annually thereafter for 8 years, the Secretary of the
Treasury, in consultation with the Secretary of State and the heads of
other United States Government agencies, as appropriate, shall submit
to the appropriate congressional committees a report that--
(1) sets forth the plan of the Department of the Treasury
for ensuring that property blocked pursuant to subsection (a)
or Executive Order 14014 remains blocked;
(2) 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;
(3) makes recommendations for how the sources of income
described in paragraph (2) can be reduced or blocked;
(4) evaluates the implications of imposing sanctions on the
Burmese-government owned Myanmar Oil and Gas Enterprise,
including a determination with respect to the extent to which
sanctions on Myanmar Oil and Gas Enterprise would advance the
interests of the United States in Burma; and
(5) assesses the impact of the sanctions imposed pursuant
to the authorities under this Act on the Burmese people and the
Burmese military.
SEC. 6523. CERTIFICATION REQUIREMENT FOR REMOVAL OF CERTAIN PERSONS
FROM THE LIST OF SPECIALLY DESIGNATED NATIONALS AND
BLOCKED PERSONS.
(a) In General.--On or after the date of the enactment of this Act,
the President may not remove a person described in subsection (b) from
the list of specially designated nationals and blocked persons
maintained by the Office of Foreign Assets Control of the Department of
the Treasury (commonly referred to as the ``SDN list'') until the
President submits to the appropriate congressional committees a
certification described in subsection (c) with respect to the person.
(b) Persons Described.--A person described in this subsection is a
foreign person included in the SDN list for violations of part 525 of
title 31, Code of Federal Regulations, or any other regulations
imposing sanctions on or related to Burma.
(c) Certification Described.--A certification described in this
subsection, with respect to a person described in subsection (b), is a
certification that the person has not knowingly assisted in, sponsored,
or provided financial, material, or technological support for, or
financial or other services to or in support of--
(1) terrorism or a terrorist organization;
(2) a significant foreign narcotics trafficker (as defined
in section 808 of the Foreign Narcotics Kingpin Designation Act
(21 U.S.C. 1907));
(3) a significant transnational criminal organization under
Executive Order 13581 (50 U.S.C. note; relating to blocking
property of transnational criminal organizations); or
(4) any other person on the SDN list.
(d) Form.--A certification described in subsection (c) shall be
submitted in unclassified form but may include a classified annex.
SEC. 6524. SANCTIONS AND POLICY COORDINATION FOR BURMA.
(a) In General.--The Secretary of State may designate an official
of the Department of State to serve as the United States Special
Coordinator for Burmese Democracy (in this section referred to as the
``Special Coordinator'').
(b) Central Objective.--The Special Coordinator should develop a
comprehensive strategy for the implementation of the full range of
United States diplomatic capabilities, including the provisions of this
Act, to promote human rights and the restoration of civilian government
in Burma.
(c) Duties and Responsibilities.--The Special Coordinator should,
as appropriate, assist in--
(1) coordinating the sanctions policies of the United
States under section 6522 with relevant bureaus and offices
within the Department of State and other relevant United States
Government agencies;
(2) conducting relevant research and vetting of entities
and individuals that may be subject to sanctions under section
6522 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) promoting a comprehensive international effort to
impose and enforce multilateral sanctions with respect to
Burma;
(4) coordinating with and supporting interagency United
States Government efforts, including efforts of the United
States Ambassador to Burma, the United States Ambassador to
ASEAN, and the United States Permanent Representative to the
United Nations, relating to--
(A) identifying opportunities to coordinate with
and exert pressure on the governments of the People's
Republic of China and the Russian Federation to support
multilateral action against the Burmese military;
(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;
(C) engaging in direct dialogue with Burmese civil
society, democracy advocates, ethnic minority
representative groups, and organizations or groups
representing the protest movement and the officials
elected in 2020, such as the Committee Representing the
Pyidaungsu Hluttaw, the National Unity Government, the
National Unity Consultative Council, and their
designated representatives;
(D) encouraging the National Unity Government to
incorporate accountability mechanisms in relation to
the atrocities against Rohingya and other ethnic
groups, to take further steps to make its leadership
and membership ethnically diverse, and to incorporate
measures to enhance ethnic reconciliation and national
unity into its policy agenda;
(E) assisting efforts by the relevant United
Nations Special Envoys and Special Rapporteurs to
secure the release of all political prisoners in Burma,
promote respect for human rights, and encourage
dialogue; and
(F) supporting nongovernmental organizations
operating in Burma and neighboring countries working to
restore civilian democratic rule to Burma and to
address the urgent humanitarian needs of the people of
Burma; and
(5) providing timely input for reporting on the impacts of
the implementation of section 6522 on the Burmese military and
the people of Burma.
(d) Deadline.--If the Secretary of State has not designated the
Special Coordinator by the date that is 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report detailing the reasons for not
doing so.
SEC. 6525. 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 the UN 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 UN 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;
(4) objecting 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;
(5) working to ensure the Burmese military is not
recognized as the legitimate government of Burma in any United
Nations body; and
(6) 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 crimes
against humanity it has and continues to commit in the coup's
aftermath.
SEC. 6526. SUNSET.
(a) In General.--The authority to impose sanctions and the
sanctions imposed under this title 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 title 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 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.
Subtitle C--Humanitarian Assistance and Civil Society Support With
Respect to Burma
SEC. 6531. SUPPORT TO CIVIL SOCIETY AND INDEPENDENT MEDIA.
(a) Authorization to Provide Support.--The Secretary of State and
the Administrator of the United States Agency for International
Development are authorized to provide support to civil society in
Burma, Bangladesh, Thailand, and the surrounding region, including by--
(1) ensuring the safety of democracy activists, civil
society leaders, independent media, participants in the Civil
Disobedience Movement, and government defectors exercising
their fundamental rights by--
(A) supporting safe houses for those under threat
of arbitrary arrest or detention;
(B) providing access to secure channels for
communication;
(C) assisting individuals forced to flee from Burma
and take shelter in neighboring countries, including in
ensuring protection assistance and non-refoulement; and
(D) providing funding to organizations that equip
activists, civil society organizations, and independent
media with consistent, long-term technical support on
physical and digital security in local languages;
(2) supporting democracy activists in their efforts to
promote freedom, democracy, and human rights in Burma, by--
(A) providing aid and training to democracy
activists in Burma;
(B) providing aid to individuals and groups
conducting democracy programming outside of Burma
targeted at a peaceful transition to constitutional
democracy inside Burma;
(C) providing aid and assistance to independent
media outlets and journalists and groups working to
protect internet freedom and maintain independent
media;
(D) expanding radio and television broadcasting
into Burma; and
(E) providing financial support to civil society
organizations and nongovernmental organizations led by
members of ethnic and religious minority groups within
Burma and its cross-border regions;
(3) assisting ethnic minority groups and civil society in
Burma to further prospects for justice, reconciliation, and
sustainable peace; and
(4) promoting ethnic minority inclusion and participation
in political processes in Burma.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000 to carry out the provisions of this section
for each of fiscal years 2023 through 2027.
SEC. 6532. HUMANITARIAN ASSISTANCE AND RECONCILIATION.
(a) Authorization to Provide Humanitarian Assistance.--The
Secretary of State and the Administrator of the United States Agency
for International Development are authorized to provide humanitarian
assistance and reconciliation activities for ethnic groups and civil
society organizations in Burma, Bangladesh, Thailand, and the
surrounding region, including--
(1) assistance for victims of violence by the Burmese
military, including Rohingya and individuals from other ethnic
minorities displaced or otherwise affected by conflict, in
Burma, Bangladesh, Thailand, and the surrounding region;
(2) support for voluntary resettlement or repatriation of
displaced individuals in Burma, upon the conclusion of genuine
agreements developed and negotiated with the involvement and
consultation of the displaced individuals and if resettlement
or repatriation is safe, voluntary, and dignified;
(3) support for the promotion of ethnic and religious
tolerance, improving social cohesion, combating gender-based
violence, increasing the engagement of women in peacebuilding,
and mitigating human rights violations and abuses against
children;
(4) support for--
(A) primary, secondary, and tertiary education for
displaced children living in areas of Burma affected by
conflict; and
(B) refugee camps in the surrounding region and
opportunities to access to higher education in
Bangladesh and Thailand;
(5) capacity-building support--
(A) to ensure that displaced individuals are
consulted and participate in decision-making processes
affecting the displaced individuals; and
(B) for the creation of mechanisms to facilitate
the participation of displaced individuals in such
processes; and
(6) increased humanitarian aid to Burma to address the dire
humanitarian situation that has uprooted 170,000 people
through--
(A) international aid partners;
(B) the International Committee of the Red Cross;
and
(C) cross-border aid.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $220,500,000 to carry out the provisions of this section
for fiscal year 2023.
SEC. 6533. AUTHORIZATION OF ASSISTANCE FOR BURMA POLITICAL PRISONERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the freedom of expression, including for members of the
press, is an inalienable right and should be upheld and
protected in Burma and everywhere;
(2) the Burmese military must immediately cease the
arbitrary arrest, detention, imprisonment, and physical attacks
of journalists, which have created a climate of fear and self-
censorship among local journalists;
(3) the Government of Burma should repeal or amend all laws
that violate the right to freedom of expression, peaceful
assembly, or association, and ensure that laws such as the
Telecommunications Law of 2013 and the Unlawful Associations
Act of 1908, and laws relating to the right to peaceful
assembly all comply with Burma's human rights obligations;
(4) all prisoners of conscience and political prisoners in
Burma should be unconditionally and immediately released;
(5) the Burmese military should immediately and
unconditionally release Danny Fenster and other journalists
unjustly detained for their work;
(6) the Government of Burma must immediately drop
defamation charges against all individuals unjustly detained,
including the three Kachin activists, Lum Zawng, Nang Pu, and
Zau Jet, who led a peaceful rally in Mytkyina, the capital of
Kachin State in April 2018, and that the prosecution of Lum
Zawng, Nang Pu, and Zau Jet is an attempt by Burmese
authorities to intimidate, harass, and silence community
leaders and human rights defenders who speak out about military
abuses and their impact on civilian populations; and
(7) the United States Government should use all diplomatic
tools to seek the unconditional and immediate release of all
prisoners of conscience and political prisoners in Burma.
(b) Political Prisoners Assistance.--The Secretary of State is
authorized to continue to provide assistance to civil society
organizations in Burma that work to secure the release of and support
prisoners of conscience and political prisoners in Burma, including--
(1) support for the documentation of human rights
violations with respect to prisoners of conscience and
political prisoners;
(2) support for advocacy in Burma to raise awareness of
issues relating to prisoners of conscience and political
prisoners;
(3) support for efforts to repeal or amend laws that are
used to imprison individuals as prisoners of conscience or
political prisoners;
(4) support for health, including mental health, and post-
incarceration assistance in gaining access to education and
employment opportunities or other forms of reparation to enable
former prisoners of conscience and political prisoners to
resume normal lives; and
(5) the creation, in consultation with former political
prisoners and prisoners of conscience, their families, and
their representatives, of an independent prisoner review
mechanism in Burma--
(A) to review the cases of individuals who may have
been charged or deprived of their liberty for
peacefully exercising their human rights;
(B) to review all laws used to arrest, prosecute,
and punish individuals as political prisoners and
prisoners of conscience; and
(C) to provide recommendations to the Government of
Burma for the repeal or amendment of all such laws.
(c) Termination.--The authority to provide assistance under this
section shall terminate on the date that is 8 years after the date of
the enactment of this Act.
Subtitle D--Accountability for Human Rights Abuses
SEC. 6541. REPORT ON ACCOUNTABILITY FOR WAR CRIMES, CRIMES AGAINST
HUMANITY, AND GENOCIDE IN BURMA.
(a) Statement of Policy.--It is the policy of the United States--
(1) to continue the support of ongoing mechanisms and
special procedures of the United Nations Human Rights Council,
including the United Nations Independent Investigative
Mechanism for Myanmar and the Special Rapporteur on the
situation of human rights in Myanmar; and
(2) to refute the credibility and impartiality of efforts
sponsored by the Government of Burma, such as the Independent
Commission of Enquiry, unless the United States Ambassador at
Large for Global Criminal Justice determines the efforts to be
credible and impartial and notifies the appropriate
congressional committees in writing and in unclassified form
regarding that determination.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, after consultation with
the heads of other United States Government agencies and
representatives of human rights organizations, as appropriate, shall
submit to the appropriate congressional committees a report that--
(1) evaluates the persecution of Rohingya in Burma by the
Burmese military;
(2) after consulting with the Atrocity Early Warning Task
Force, or any successor entity or office, provides a detailed
description of any proposed atrocity prevention response
recommended by the Task Force as it relates to Burma;
(3) summarizes any atrocity crimes committed against
Rohingya or members of other ethnic minority groups in Burma
between 2012 and the date of the submission of the report;
(4) describes any potential transitional justice mechanisms
for Burma;
(5) provides an analysis of whether the reports summarized
under paragraph (3) amount to war crimes, crimes against
humanity, or genocide;
(6) includes an assessment on which events that took place
in the state of Rakhine in Burma, starting on August 25, 2017,
constitute war crimes, crimes against humanity, or genocide;
and
(7) includes a determination with respect to whether events
that took place during or after the coup of February 1, 2021,
in any state in Burma constitute war crimes or crimes against
humanity.
(c) Elements.--The report required by subsection (b) shall include
the following:
(1) A description of--
(A) credible evidence of events that may constitute
war crimes, crimes against humanity, or genocide
committed by the Burmese military against Rohingya and
members of other ethnic minority groups, including the
identities of any other actors involved in the events;
(B) the role of the civilian government in the
commission of any events described in subparagraph (A);
(C) credible evidence of events of war crimes,
crimes against humanity, or genocide committed by other
armed groups in Burma;
(D) attacks on health workers, health facilities,
health transport, or patients and, to the extent
possible, the identities of any individuals who engaged
in or organized such attacks in Burma; and
(E) to the extent possible, the conventional and
unconventional weapons used for any events or attacks
described in this paragraph and the sources of such
weapons.
(2) In consultation with the Administrator of the United
States Agency for International Development, the Attorney
General, and heads of any other appropriate United States
Government agencies, as appropriate, a description and
assessment of the effectiveness of any efforts undertaken by
the United States to promote accountability for war crimes,
crimes against humanity, and genocide perpetrated against
Rohingya by the Burmese military, the government of the Rakhine
State, pro-government militias, or other armed groups operating
in the Rakhine State, including efforts--
(A) to train civilian investigators, within and
outside of Burma and Bangladesh, to document,
investigate, develop findings of, identify, and locate
alleged perpetrators of war crimes, crimes against
humanity, or genocide in Burma;
(B) to promote and prepare for a transitional
justice mechanism for the perpetrators of war crimes,
crimes against humanity, and genocide occurring in the
Rakhine State in 2017; and
(C) to document, collect, preserve, and protect
evidence of war crimes, crimes against humanity, and
genocide in Burma, including by--
(i) providing support for ethnic Rohingya,
Shan, Rakhine, Kachin, Chin, and Kayin and
other ethnic minorities;
(ii) Burmese, Bangladeshi, foreign, and
international nongovernmental organizations;
(iii) the Independent Investigative
Mechanism for Myanmar; and
(iv) other entities engaged in
investigative activities with respect to war
crimes, crimes against humanity, and genocide
in Burma.
(3) A detailed study of the feasibility and desirability of
a transitional justice mechanism for Burma, such as an
international tribunal, a hybrid tribunal, or other options,
that includes--
(A) a discussion of the use of universal
jurisdiction or of legal cases brought against Burma by
other countries at the International Court of Justice
regarding any atrocity crimes perpetrated in Burma;
(B) recommendations for any transitional justice
mechanism the United States should support, the reason
the mechanism should be supported, and the type of
support that should be offered; and
(C) consultation regarding transitional justice
mechanisms with representatives of Rohingya and
individuals from other ethnic minority groups who have
suffered human rights violations and abuses.
(d) Protection of Witnesses and Evidence.--The Secretary of State
shall seek to ensure that the identification of witnesses and physical
evidence used for the report required by this section are not publicly
disclosed in a manner that might place witnesses at risk of harm or
encourage the destruction of evidence by the military or government of
Burma.
(e) Form of Report; Public Availability.--
(1) Form.--The report required by subsection (b) shall be
submitted in unclassified form but may include a classified
annex.
(2) Public availability.--The unclassified portion of the
report required by subsection (b) shall be posted on a publicly
available internet website.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' 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.
SEC. 6542. 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;
(2) collect, document, and protect evidence of crimes and
preserving the chain of custody for such evidence;
(3) conduct criminal investigations of such crimes; and
(4) support investigations 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 6542, 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.
Subtitle E--Sanctions Exception Relating to Importation of Goods
SEC. 6551. SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title 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.
TITLE LXVI--PROMOTING AND ADVANCING COMMUNITIES OF COLOR THROUGH
INCLUSIVE LENDING ACT
SEC. 6601. SHORT TITLE.
This title may be cited as the ``Promoting and Advancing
Communities of Color Through Inclusive Lending Act''.
Subtitle A--Promoting and Advancing Communities of Color Through
Inclusive Lending
SEC. 6611. STRENGTHENING DIVERSE AND MISSION-DRIVEN COMMUNITY FINANCIAL
INSTITUTIONS.
(a) Minority Lending Institution Set-aside in Providing
Assistance.--
(1) In general.--Section 108 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4707) is amended by adding at the end the following:
``(i) Supporting Minority Institutions.--Notwithstanding any other
provision of law, in providing any assistance to community development
financial institutions, the Fund shall reserve 40 percent of such
assistance for minority lending institutions.''.
(2) Definitions.--Section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4702) is amended by adding at the end the following:
``(22) Minority lending institution.--The term `minority
lending institution' has the meaning given that term under
section 523(c) of division N of the Consolidated Appropriations
Act, 2021.''.
(b) Office of Minority Lending Institutions.--Section 104 of the
Riegle Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4703) is amended by adding at the end the following:
``(l) CDFI Office of Minority Lending Institutions.--There is
established within the Fund an Office of Minority Lending Institutions,
which shall oversee assistance provided by the Fund to minority lending
institutions.''.
(c) Reporting on Minority Lending Institutions.--Section 117 of the
Riegle Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4716) is amended by adding at the end the following:
``(g) Reporting on Minority Lending Institutions.--Each report
required under subsection (a) shall include a description of the extent
to which assistance from the Fund are provided to minority lending
institutions.''.
(d) Submission of Demographic Data Relating to Diversity by
Community Development Financial Institutions.--Section 104 of the
Riegle Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4703), as amended by subsection (b), is further amended by
adding at the end the following:
``(m) Submission of Demographic Data Relating to Diversity.--
``(1) Definitions.--In this subsection--
``(A) the term `executive officer' has the meaning
given the term in section 230.501(f) of title 17, Code
of Federal Regulations, as in effect on the date of
enactment of this subsection;
``(B) the term `gender identity' means the gender-
related identity, appearance, mannerisms, or other
gender-related characteristics of an individual,
regardless of the individual's designated sex at birth;
``(C) the term `sexual orientation' means
homosexuality, heterosexuality, or bisexuality; and
``(D) the term `veteran' has the meaning given the
term in section 101 of title 38, United States Code.
``(2) Submission of disclosure.--Each Fund applicant and
recipient shall provide data regarding such factors as may be
determined by the Fund, which may include the following:
``(A) Demographic data, based on voluntary self-
identification, on the racial, ethnic, gender identity,
and sexual orientation composition of--
``(i) the board of directors of the
institution; and
``(ii) the executive officers of the
institution.
``(B) The status of any member of the board of
directors of the institution, any nominee for the board
of directors of the institution, or any executive
officer of the institution, based on voluntary self-
identification, as a veteran.
``(C) Whether the board of directors of the
institution, or any committee of that board of
directors, has, as of the date on which the institution
makes a disclosure under this paragraph, adopted any
policy, plan, or strategy to promote racial, ethnic,
and gender diversity among--
``(i) the board of directors of the
institution;
``(ii) nominees for the board of directors
of the institution; or
``(iii) the executive officers of the
institution.
``(3) Report to congress.--Not later than 24 months after
the date of enactment of this subsection, and every other year
thereafter, the Fund 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, and make
publicly available on the website of the Fund, a report--
``(A) on the demographic data and trends of the
diversity information made available pursuant to
paragraph (2), including breakdowns by each State
(including the District of Columbia and each territory
of the United States) and Tribal government entity; and
``(B) containing any administrative or legislative
recommendations of the Fund to enhance the
implementation of this title or to promote diversity
and inclusion within community development financial
institutions.''.
(e) Office of Diverse and Mission-Driven Community Financial
Institutions.--
(1) Establishment.--There is established within the
Department of the Treasury the Office of Diverse and Mission-
Driven Community Financial Institutions.
(2) Leadership.--The Office of Diverse and Mission-Driven
Community Financial Institutions shall be led by a Deputy
Assistant Secretary for Diverse and Mission-Driven Community
Financial Institutions, who shall be appointed by the Secretary
of the Treasury, in consultation with the Department of the
Treasury's Director of Office of Minority and Women Inclusion.
(3) Functions.--The Office of Diverse and Mission-Driven
Community Financial Institutions, pursuant to the direction of
the Secretary, shall seek to provide support for diverse and
mission-driven community financial institutions and have the
authority--
(A) to monitor and issue reports regarding--
(i) community development financial
institutions, minority depository institutions,
and minority lending institutions; and
(ii) the role such institutions play in the
financial system of the United States,
including the impact they have on providing
financial access to low- and moderate-income
communities, communities of color, and other
underserved communities;
(B) to serve as a resource and Federal liaison for
current and prospective community development financial
institutions, minority depository institutions, and
minority lending institutions seeking to engage with
the Department of the Treasury, the Community
Development Financial Institutions Fund (``CDFI
Fund''), other Federal government agencies, including
by providing contact information for other offices of
the Department of the Treasury or other Federal
Government agencies, resources, technical assistance,
or other support for entities wishing--
(i) to become certified as a community
development financial institution, and maintain
the certification;
(ii) to obtain a banking charter, deposit
insurance, or otherwise carry on banking
activities in a safe, sound, and responsible
manner;
(iii) to obtain financial support through
private sector deposits, investments,
partnerships, and other means;
(iv) to expand their operations through
internal growth and acquisitions;
(v) to develop and upgrade their
technology, cybersecurity resilience,
compliance systems, data reporting systems, and
their capacity to support their communities,
including through partnerships with third-party
companies;
(vi) to obtain grants, awards, investments
and other financial support made available
through the CDFI Fund, the Board of Governors
of the Federal Reserve System, the Central
Liquidity Facility, the Federal Home Loan
Banks, and other Federal programs;
(vii) to participate as a financial
intermediary with respect to various Federal
and State programs and agencies, including the
State Small Business Credit Initiative and
programs of the Small Business Administration;
and
(viii) to participate in Financial Agent
Mentor-Protege Program of the Department of the
Treasury and other Federal programs designed to
support private sector partnerships;
(C) to provide resources to the public wishing to
learn more about minority depository institutions,
community development financial institutions, and
minority lending institutions, including helping the
Secretary implement the requirements under section 334,
publishing reports issued by the Office on the website
of the Department of the Treasury and providing
hyperlinks to other relevant reports and materials from
other Federal agencies;
(D) to provide policy recommendations to other
relevant Federal agencies and Congress on ways to
further strengthen Federal support for community
development financial institutions, minority depository
institutions, and minority lending institutions;
(E) to assist the Secretary in carrying out the
Secretary's responsibilities under section 308 of the
Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1463 note) to
preserve and promote minority depository institutions
in consultation with the Chairman of the Board of
Governors of the Federal Reserve System, the
Comptroller of the Currency, the Chairman of the
National Credit Union Administration, and the
Chairperson of the Board of Directors of the Federal
Deposit Insurance Corporation;
(F) to carry out other duties of the Secretary of
the Treasury required by this subtitle and the
amendments made by this subtitle, and to perform such
other duties and authorities as may be assigned by the
Secretary.
(f) Strengthening Federal Efforts and Interagency Coordination to
Promote Diverse and Mission-driven Community Financial Institutions.--
(1) Senior officials designated.--The Chairman of the Board
of Governors of the Federal Reserve System, the Comptroller of
the Currency, the Chairman of the National Credit Union
Administration, the Chairperson of the Board of Directors of
the Federal Deposit Insurance Corporation, and the Director of
the Bureau of Consumer Financial Protection shall each, in
consultation with their respective Director of Office of
Minority and Women Inclusion, designate a senior official to be
their respective agency's officer responsible for promoting
minority depository institutions, community development
financial institutions, and minority lending institutions,
including to fulfill obligations under section 308 of the
Financial Institutions Reform, Recovery, and Enforcement Act of
1989 (12 U.S.C. 1463 note) to preserve and promote minority
depository institutions.
(2) Interagency working group.--The Department of the
Treasury shall regularly convene meetings, no less than once a
quarter, of an interagency working group to be known as the
``Interagency Working Group to Promote Diverse and Mission-
Driven Community Financial Institutions'', which shall consist
of the senior officials designated by their respective agencies
under paragraph (1), along with the Deputy Assistant Secretary
for Diverse and Mission-Driven Community Financial
Institutions, the Director of the Community Development
Financial Institutions Fund, and such other government
officials as the Secretary of the Treasury may choose to
invite, to examine and discuss the state of minority depository
institutions, community development financial institutions, and
minority lending institutions, and actions the relevant
agencies can take to preserve, promote, and strengthen these
institutions.
(3) Promoting fair housing and collective ownership
opportunities.--
(A) Initial report.--Not later than 18 months after
the date of the enactment of this subsection, the
Secretary of Treasury, jointly with the Secretary of
Housing and Urban Development, shall issue a report to
the covered agencies and the Congress examining
different ways financial institutions, including
community development financial institutions, can
affirmatively further fair housing and be encouraged
and incentivized to carry out activities that expand
long-term wealth-building opportunities within low-
income and minority communities that support collective
ownership opportunities, including through investments
in worker cooperatives, consumer cooperatives,
community land trusts, not-for-profit-led shared equity
homeownership, and limited-equity cooperatives, and to
provide recommendations to the covered agencies and the
Congress in the furtherance of these objectives.
(B) Progress updates.--Beginning not later than
three years after the date of the enactment of this
subsection, and every five years thereafter, the
Secretary of the Treasury and the Secretary of Housing
and Urban Development shall, after receiving the
necessary updates from the covered agencies, issue a
report examining the progress made on implementing
relevant recommendations, and providing any additional
recommendations to the covered agencies and the
Congress in furtherance of the objectives under
subparagraph (A).
(C) Covered agencies.--For purposes of this
subsection, the term ``covered agencies'' means the
Community Development Financial Institutions Fund, the
Department of Housing and Urban Development. the Board
of Governors of the Federal Reserve System, the Federal
Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the National Credit Union
Administration, and the Federal Housing Finance Agency.
(4) Annual report to congress.--Not later than 1 year after
the date of the enactment of this subsection, and annually
thereafter, the Secretary of the Treasury, the Chairman of the
Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, the Chairman of the National
Credit Union Administration, the Chairperson of the Board of
Directors of the Federal Deposit Insurance Corporation, and the
Director of the Bureau of Consumer Financial Protection shall
submit a joint report to the Committee on Financial Services of
the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate regarding the work
that has been done the prior year to preserve, promote, and
strengthen community development financial institutions,
minority depository institutions, and minority lending
institutions, along with any policy recommendations on actions
various government agencies and Congress should take to
preserve, promote, and strengthen community development
financial institutions, minority depository institutions, and
minority lending institutions.
SEC. 6612. CAPITAL INVESTMENTS, GRANTS, AND TECHNOLOGY SUPPORT FOR MDIS
AND CDFIS.
(a) Authorization of Appropriation.--There is authorized to be
appropriated to the Emergency Capital Investment Fund $4,000,000,000.
Such funds may be used for administrative expenses of the Department of
the Treasury.
(b) Conforming Amendments to Allow for Additional Purchases of
Capital.--Section 104A of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4703a) is amended--
(1) in subsection (c), by striking paragraph (2); and
(2) in subsection (e), by striking paragraph (2).
(c) Use of Funds for CDFI Financial and Technical Assistance.--
Section 104A of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4703a) is amended by adding at the
end the following:
``(p) Use of Funds for CDFI Financial and Technical Assistance.--
The Secretary shall transfer no less than $1,000,000,000 in the
Emergency Capital Investment Fund to the Fund for the purpose of
providing financial and technical assistance grants to community
development financial institutions certified by the Secretary. The Fund
shall provide such grants using a formula that takes into account
criteria such as certification status, financial and compliance
performance, portfolio and balance sheet strength, diversity of CDFI
business model types, and program capacity.''.
(d) Technology Grants for MDIs and CDFIs.--
(1) Study and report on certain technology challenges.--
(A) Study.--The Secretary of the Treasury shall
carry out a study on the technology challenges
impacting minority depository institutions and
community development financial institutions with
respect to--
(i) internal technology capabilities and
capacity of the institutions to process loan
applications and otherwise serve current and
potential customers through the internet,
mobile phone applications, and other tools;
(ii) technology capabilities and capacity
of the institutions, provided in partnership
with third party companies, to process loan
applications and otherwise serve current and
potential customers through the internet,
mobile phone applications, and other tools;
(iii) cybersecurity; and
(iv) challenges and solutions related to
algorithmic bias in the deployment of
technology.
(B) Report.--Not later than 18 months after the
date of the enactment of this subsection, the Secretary
shall submit a report to the Committee on Financial
Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate that includes the results of the study required
under subparagraph (A).
(2) Technology grant program.--
(A) Program authorized.--The Secretary shall carry
out a technology grant program to make grants to
minority depository institutions and community
development financial institutions to address
technology challenges impacting such institutions.
(B) Application.--To be eligible to be awarded a
grant under this paragraph, a minority depository
institution or community development financial
institution shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may require.
(C) Use of funds.--A minority depository
institution or community development financial
institution that is awarded a grant under this
paragraph may use the grant funds to--
(i) enhance or adopt technologies that--
(I) shorten loan approval
processes;
(II) improve customer experience;
(III) provide additional services
to customers;
(IV) facilitate compliance with
applicable laws, regulations, and
program requirements, including testing
to ensure that the use of technology
does not result in discrimination, and
helping to satisfy data reporting
requirements;
(V) help ensure privacy of customer
records and cybersecurity resilience;
and
(VI) reduce the unbanked and
underbanked population; or
(ii) carry out such other activities as the
Secretary determines appropriate.
(3) Funding.--The Secretary may use amounts in the
Emergency Capital Investment Fund to implement and make grants
under paragraph (2), but not to exceed $250,000,000 in the
aggregate.
(4) Definitions.--In this subsection, the terms ``community
development financial institution'' and ``minority depository
institution'' have the meaning given those terms, respectively,
under section 103 of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4702).
(e) Pilot Program for Establishing De Novo CDFIs and MDIs.--
(1) In general.--The Secretary of the Treasury, in
consultation with the Fund and the appropriate Federal banking
agencies, shall establish a pilot program to provide
competitive grants to a person for the purpose of providing
capital for such person to establish a minority depository
institution or a community development financial institution.
(2) Application.--A person desiring a grant under this
subsection shall submit to the Secretary an application in such
form and containing such information as the Secretary
determines appropriate.
(3) Disbursement.--Before disbursing grant amounts to a
person selected to receive a grant under this subsection, the
Secretary shall ensure that such person has received approval
from the appropriate Federal banking agency (or such other
Federal or State agency from whom approval is required) to
establish a minority depository institution or a community
development financial institution, as applicable.
(4) Funding.--The Secretary may use amounts in the
Emergency Capital Investment Fund to implement and make grants
under paragraph (2), but not to exceed $100,000,000 in the
aggregate.
(5) Definitions.--In this subsection, the terms
``appropriate Federal banking agency'', ``community development
financial institution'', ``Fund'', and ``minority depository
institution'' have the meaning given those terms, respectively,
under section 103 of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4702).
(f) Guidance for Subchapter S and Mutual Banks.--Not later than 30
days after the date of enactment of this Act, the Board of Governors of
the Federal Reserve System and the Secretary shall issue guidance
regarding how Emergency Capital Investment Program investments (whether
made before or after the date of enactment of this Act) are considered
for purposes of various prudential requirements, including debt to
equity, leverage ratio, and double leverage ratio requirements with
respect to subchapter S and mutual bank recipients of such investments.
(g) Collection of Data.--Section 111 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4710) is
amended--
(1) by striking ``The Fund'' and inserting the following:
``(a) In General.--The Fund''; and
(2) by adding at the end the following:
``(b) Collection of Certain Data by CDFIs.--Notwithstanding the
Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.)--
``(1) a community development financial institution may
collect data described in section 701(a)(1) of that Act (15
U.S.C. 1691(a)(1)) from borrowers and applicants for credit for
the sole purpose and exclusive use to ensure that targeted
populations and low-income residents of investment areas are
adequately served and to report the level of service provided
to such populations and areas to the Fund; and
``(2) a community development financial institution that
collects the data described in paragraph (1) shall not be
subject to adverse action related to that collection by the
Bureau of Consumer Financial Protection or any other Federal
agency.''.
SEC. 6613. SUPPORTING YOUNG ENTREPRENEURS PROGRAM.
Section 108 of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4707), as amended by section
331(a)(1), is further amended by adding at the end the following:
``(j) Supporting Young Entrepreneurs Program.--
``(1) In general.--The Fund shall establish a Supporting
Young Entrepreneurs Program under which the Fund may provide
financial awards to the community development financial
institutions that the Fund determines have the best programs to
help young entrepreneurs get the start up capital needed to
start a small business, with a focus on supporting young women
entrepreneurs, entrepreneurs who are Black, Hispanic, Asian or
Pacific Islander, and Native American or Native Alaskan and
other historically underrepresented groups or first time
business owners.
``(2) No matching requirement.--The matching requirement
under subsection (e) shall not apply to awards made under this
subsection.
``(3) Funding.--In carrying out this subsection, the Fund
may use--
``(A) amounts in the Emergency Capital Investment
Fund, but not to exceed $100,000,000 in the aggregate;
and
``(B) such other funds as may be appropriated by
Congress to the Fund to carry out the Supporting Young
Entrepreneurs Program.''.
SEC. 6614. MAP OF MINORITY DEPOSITORY INSTITUTIONS AND COMMUNITY
DEVELOPMENT FINANCIAL INSTITUTIONS.
(a) In General.--The Secretary of the Treasury, in consultation
with the CDFI Fund and the Federal banking agencies, shall establish an
interactive, searchable map showing the geographic locations of the
headquarters and branch locations of minority depository institutions,
which shall be provided by the Federal banking agencies, and community
development financial institutions that have been certified by the
Secretary, including breakdowns by each State (including the District
of Columbia and each territory of the United States), Tribal government
entity, and congressional district. Such map shall also provide a link
to the website of each such minority depository institution and
community development financial institution.
(b) Definitions.--In this section:
(1) CDFI fund.--The term ``CDFI Fund'' means the Community
Development Financial Institutions Fund established under
section 104(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994.
(2) Community development financial institution.--The term
``community development financial institution'' has the meaning
given in section 103 of the Riegle Community Development and
Regulatory Improvement Act of 1994.
(3) Federal banking agency.--The term ``Federal banking
agency''--
(A) has the meaning given in section 3 of the
Federal Deposit Insurance Act; and
(B) means the National Credit Union Administration.
(4) Minority depository institution.--The term ``minority
depository institution'' has the meaning given in section
308(b) of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
SEC. 6615. REPORT ON CERTIFIED COMMUNITY DEVELOPMENT FINANCIAL
INSTITUTIONS.
Section 117(a) of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4716(a)) is amended--
(1) by striking ``The Fund'' and inserting the following:
``(1) In general.--The Fund'';
(2) by striking ``and the Congress'' and inserting ``, the
Congress, and the public''; and
(3) by adding at the end the following:
``(2) Report on certified community development financial
institutions.--The annual report required under paragraph (1)
shall include a report on community development financial
institutions (`CDFIs') that have been certified by the
Secretary of the Treasury, including a summary with aggregate
data and analysis, to the fullest extent practicable,
regarding--
``(A) a list of the types of organizations that are
certified as CDFIs, and the number of each type of
organization;
``(B) the geographic location and capacity of
different types of certified CDFIs, including overall
impact breakdowns by each State (including the District
of Columbia and each territory of the United States)
and Tribal government entity;
``(C) the lines of business for different types of
certified CDFIs;
``(D) human resources and staffing information for
different types of certified CDFIs, including--
``(E) the types of development services provided by
different types of certified CDFIs;
``(F) the target markets of different types of
certified CDFIs and the amount of products and services
offered by CDFIs to those target markets, including--
``(i) the number and amount of loans and
loan guarantees made in those target markets;
``(ii) the number and amount of other
investments made in those target markets; and
``(iii) the number and amount of
development services offered in those target
markets; and
``(G) such other information as the Director of the
Fund may determine necessary to promote transparency of
the impact of different types of CDFIs, while carrying
out this report in a manner that seeks to minimize data
reporting requirements from certified CDFIs when
feasible, including utilizing information gathered from
other regulators under section 104(l).''.
SEC. 6616. CONSULTATION AND MINIMIZATION OF DATA REQUESTS.
Section 104 of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4703) is amended by adding at the
end the following:
``(l) Consultation and Minimization of Data Requests.--
``(1) In general.--In carrying out its duties, the Fund
shall--
``(A) periodically, and no less frequent than once
a year, consult with the applicable Federal regulator
of certified CDFIs and applicants to be a certified
CDFI (`applicants)';
``(B) seek to gather any information necessary
related to Fund certification and award decisions on
certified CDFIs and applicants from the applicable
Federal regulator, and such regulators shall use
reasonable efforts to provide such information to the
Fund, to minimize duplicative data collection requests
made by the Fund of certified CDFIs and applicants and
to expedite certification, award, or other relevant
processes administered by the Fund.
``(2) Applicable federal regulator defined.--In this
subsection, the term `applicable Federal regulator' means--
``(A) with respect to a certified CDFI or an
applicant that is regulated by both an appropriate
Federal banking agency and the Bureau of Consumer
Financial Protection, the Bureau of Consumer Financial
Protection;
``(B) with respect to a certified CDFI or an
applicant that is not regulated by the Bureau of
Consumer Financial Protection, the appropriate Federal
banking agency for such applicant; or
``(C) the Bureau of Consumer Financial Protection,
with respect to a certified CDFI or an applicant--
``(i) that is not regulated by an
appropriate Federal banking agency; and
``(ii) that offers or provides consumer
financial products or services (as defined in
section 1002 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481).''.
SEC. 6617. ACCESS TO THE DISCOUNT WINDOW OF THE FEDERAL RESERVE SYSTEM
FOR MDIS AND CDFIS.
Within 1 year after the date of enactment of this Act, the Board of
Governors of the Federal Reserve System shall establish a process under
which minority depository institutions and community development
financial institutions may have access to the discount window, at the
seasonal credit interest rate most recently published on the Federal
Reserve Statistical Release on selected interest rates (daily or
weekly).
SEC. 6618. STUDY ON SECURITIZATION BY CDFIS.
(a) In General.--The Secretary of the Treasury, in consultation
with the Community Development Financial Institutions Fund and such
other Federal agencies as the Secretary determines appropriate, shall
carry out a study on--
(1) the use of securitization by CDFIs;
(2) any barriers to the use of securitization as a source
of liquidity by CDFIs; and
(3) any authorities available to the Government to support
the use of securitization by CDFIs to the extent it helps serve
underserved communities.
(b) Report.--Not later than the end of the 1-year period beginning
on the date of enactment of this Act, the Secretary shall issue a
report to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) any legislative or administrative recommendations of
the Secretary that would promote the responsible use of
securitization to help CDFIs in reaching more underserved
communities.
(c) CDFI Defined.--The term ``CDFI'' has the meaning given the term
``community development financial institution'' under section 103 of
the Riegle Community Development and Regulatory Improvement Act of
1994.
Subtitle B--Promoting New and Diverse Depository Institutions
SEC. 6621. STUDY AND STRATEGIC PLAN.
(a) In General.--The Federal banking regulators shall jointly--
(1) conduct a study about the challenges faced by proposed
depository institutions, including proposed minority depository
institutions, seeking de novo depository institution charters;
and
(2) submit to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate and publish publically, not
later than 18 months after the date of the enactment of this
section--
(A) an analysis based on the study conducted
pursuant to paragraph (1);
(B) any findings from the study conducted pursuant
to paragraph (1); and
(C) any legislative recommendations that the
Federal banking regulators developed based on the study
conducted pursuant to paragraph (1).
(b) Strategic Plan.--
(1) In general.--Not later than 18 months after the date of
the enactment of this section, the Federal banking regulators
shall jointly submit to the Committee on Financial Services of
the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate and publish publically
a strategic plan based on the study conducted pursuant to
subsection (a) and designed to help proposed depository
institutions (including proposed minority depository
institutions) successfully apply for de novo depository
institution charters in a manner that promotes increased
availability of banking and financial services, safety and
soundness, consumer protection, community reinvestment,
financial stability, and a level playing field.
(2) Contents of strategic plan.--The strategic plan
described in paragraph (1) shall--
(A) promote the chartering of de novo depository
institutions, including--
(i) proposed minority depository
institutions; and
(ii) proposed depository institutions that
could be certified as community development
financial institutions; and
(B) describe actions the Federal banking regulators
may take that would increase the number of depository
institutions located in geographic areas where
consumers lack access to a branch of a depository
institution.
(c) Public Involvement.--When conducting the study and developing
the strategic plan required by this section, the Federal banking
regulators shall invite comments and other feedback from the public to
inform the study and strategic plan.
(d) Definitions.--In this section:
(1) Depository institution.--The term ``depository
institution'' has the meaning given in section 3 of the Federal
Deposit Insurance Act, and includes a ``Federal credit union''
and a ``State credit union'' as such terms are defined,
respectively, under section 101 of the Federal Credit Union
Act.
(2) Community development financial institution.--The term
``community development financial institution'' has the meaning
given in section 103 of the Riegle Community Development and
Regulatory Improvement Act of 1994.
(3) Federal banking regulators.--The term ``Federal banking
regulators'' means the Board of Governors of the Federal
Reserve System, the Comptroller of the Currency, the Federal
Deposit Insurance Corporation, the National Credit Union
Administration, and the Director of the Bureau of Consumer
Financial Protection.
(4) Minority depository institution.--The term ``minority
depository institution'' has the meaning given in section
308(b) of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
Subtitle C--Ensuring Diversity in Community Banking
SEC. 6631. SHORT TITLE.
This subtitle may be cited as the ``Ensuring Diversity in Community
Banking Act''.
SEC. 6632. SENSE OF CONGRESS ON FUNDING THE LOAN-LOSS RESERVE FUND FOR
SMALL DOLLAR LOANS.
The sense of Congress is the following:
(1) The Community Development Financial Institutions Fund
(the ``CDFI Fund'') is an agency of the Department of the
Treasury, and was established by the Riegle Community
Development and Regulatory Improvement Act of 1994. The mission
of the CDFI Fund is ``to expand economic opportunity for
underserved people and communities by supporting the growth and
capacity of a national network of community development
lenders, investors, and financial service providers''. A
community development financial institution (a ``CDFI'') is a
specialized financial institution serving low-income
communities and a Community Development Entity (a ``CDE'') is a
domestic corporation or partnership that is an intermediary
vehicle for the provision of loans, investments, or financial
counseling in low-income communities. The CDFI Fund certifies
CDFIs and CDEs. Becoming a certified CDFI or CDE allows
organizations to participate in various CDFI Fund programs as
follows:
(A) The Bank Enterprise Award Program, which
provides FDIC-insured depository institutions awards
for a demonstrated increase in lending and investments
in distressed communities and CDFIs.
(B) The CDFI Program, which provides Financial and
Technical Assistance awards to CDFIs to reinvest in the
CDFI, and to build the capacity of the CDFI, including
financing product development and loan loss reserves.
(C) The Native American CDFI Assistance Program,
which provides CDFIs and sponsoring entities Financial
and Technical Assistance awards to increase lending and
grow the number of CDFIs owned by Native Americans to
help build capacity of such CDFIs.
(D) The New Market Tax Credit Program, which
provides tax credits for making equity investments in
CDEs that stimulate capital investments in low-income
communities.
(E) The Capital Magnet Fund, which provides awards
to CDFIs and nonprofit affordable housing organizations
to finance affordable housing solutions and related
economic development activities.
(F) The Bond Guarantee Program, a source of long-
term, patient capital for CDFIs to expand lending and
investment capacity for community and economic
development purposes.
(2) The Department of the Treasury is authorized to create
multi-year grant programs designed to encourage low-to-moderate
income individuals to establish accounts at federally insured
banks, and to improve low-to-moderate income individuals'
access to such accounts on reasonable terms.
(3) Under this authority, grants to participants in CDFI
Fund programs may be used for loan-loss reserves and to
establish small-dollar loan programs by subsidizing related
losses. These grants also allow for the providing recipients
with the financial counseling and education necessary to
conduct transactions and manage their accounts. These loans
provide low-cost alternatives to payday loans and other
nontraditional forms of financing that often impose excessive
interest rates and fees on borrowers, and lead millions of
Americans to fall into debt traps. Small-dollar loans can only
be made pursuant to terms, conditions, and practices that are
reasonable for the individual consumer obtaining the loan.
(4) Program participation is restricted to eligible
institutions, which are limited to organizations listed in
section 501(c)(3) of the Internal Revenue Code and exempt from
tax under 501(a) of such Code, federally insured depository
institutions, community development financial institutions and
State, local, or Tribal government entities.
(5) According to the CDFI Fund, some programs attract as
much as $10 in private capital for every $1 invested by the
CDFI Fund. The Administration and the Congress should
prioritize appropriation of funds for the loan loss reserve
fund and technical assistance programs administered by the
Community Development Financial Institution Fund.
SEC. 6633. DEFINITIONS.
In this subtitle:
(1) Community development financial institution.--The term
``community development financial institution'' has the meaning
given under section 103 of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4702).
(2) Minority depository institution.--The term ``minority
depository institution'' has the meaning given under section
308 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1463 note), as amended by
this Act.
SEC. 6634. INCLUSION OF WOMEN'S BANKS IN THE DEFINITION OF MINORITY
DEPOSITORY INSTITUTION.
Section 308(b)(1) of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(2) by striking ``means any'' and inserting the following:
``means--
``(A) any''; and
(3) in clause (iii) (as so redesignated), by striking the
period at the end and inserting ``; or''; and
(4) by inserting at the end the following new subparagraph:
``(B) any bank described in clause (i), (ii), or
(iii) of section 19(b)(1)(A) of the Federal Reserve
Act--
``(i) more than 50 percent of the
outstanding shares of which are held by 1 or
more women; and
``(ii) the majority of the directors on the
board of directors of which are women.''.
SEC. 6635. ESTABLISHMENT OF IMPACT BANK DESIGNATION.
(a) In General.--Each Federal banking agency shall establish a
program under which a depository institution with total consolidated
assets of less than $10,000,000,000 may elect to be designated as an
impact bank if the total dollar value of the loans extended by such
depository institution to low-income borrowers is greater than or equal
to 50 percent of the assets of such bank.
(b) Notification of Eligibility.--Based on data obtained through
examinations of depository institutions, the appropriate Federal
banking agency shall notify a depository institution if the institution
is eligible to be designated as an impact bank.
(c) Application.--Regardless of whether or not it has received a
notice of eligibility under subsection (b), a depository institution
may submit an application to the appropriate Federal banking agency--
(1) requesting to be designated as an impact bank; and
(2) demonstrating that the depository institution meets the
applicable qualifications.
(d) Limitation on Additional Data Requirements.--The Federal
banking agencies may only impose additional data collection
requirements on a depository institution under this section if such
data is--
(1) necessary to process an application submitted by the
depository institution to be designated an impact bank; or
(2) with respect to a depository institution that is
designated as an impact bank, necessary to ensure the
depository institution's ongoing qualifications to maintain
such designation.
(e) Removal of Designation.--If the appropriate Federal banking
agency determines that a depository institution designated as an impact
bank no longer meets the criteria for such designation, the appropriate
Federal banking agency shall rescind the designation and notify the
depository institution of such rescission.
(f) Reconsideration of Designation; Appeals.--Under such procedures
as the Federal banking agencies may establish, a depository institution
may--
(1) submit to the appropriate Federal banking agency a
request to reconsider a determination that such depository
institution no longer meets the criteria for the designation;
or
(2) file an appeal of such determination.
(g) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Federal banking agencies shall jointly issue
rules to carry out the requirements of this section, including by
providing a definition of a low-income borrower.
(h) Reports.--Each Federal banking agency shall submit an annual
report to the Congress containing a description of actions taken to
carry out this section.
(i) Federal Deposit Insurance Act Definitions.--In this section,
the terms ``depository institution'', ``appropriate Federal banking
agency'', and ``Federal banking agency'' have the meanings given such
terms, respectively, in section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813).
SEC. 6636. MINORITY DEPOSITORIES ADVISORY COMMITTEES.
(a) Establishment.--Each covered regulator shall establish an
advisory committee to be called the ``Minority Depositories Advisory
Committee''.
(b) Duties.--Each Minority Depositories Advisory Committee shall
provide advice to the respective covered regulator on meeting the goals
established by section 308 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) to preserve
the present number of covered minority institutions, preserve the
minority character of minority-owned institutions in cases involving
mergers or acquisitions, provide technical assistance, and encourage
the creation of new covered minority institutions. The scope of the
work of each such Minority Depositories Advisory Committee shall
include an assessment of the current condition of covered minority
institutions, what regulatory changes or other steps the respective
agencies may be able to take to fulfill the requirements of such
section 308, and other issues of concern to covered minority
institutions.
(c) Membership.--
(1) In general.--Each Minority Depositories Advisory
Committee shall consist of no more than 10 members, who--
(A) shall serve for one two-year term;
(B) shall serve as a representative of a depository
institution or an insured credit union with respect to
which the respective covered regulator is the covered
regulator of such depository institution or insured
credit union; and
(C) shall not receive pay by reason of their
service on the advisory committee, but may receive
travel or transportation expenses in accordance with
section 5703 of title 5, United States Code.
(2) Diversity.--To the extent practicable, each covered
regulator shall ensure that the members of the Minority
Depositories Advisory Committee of such agency reflect the
diversity of covered minority institutions.
(d) Meetings.--
(1) In general.--Each Minority Depositories Advisory
Committee shall meet not less frequently than twice each year.
(2) Notice and invitations.--Each Minority Depositories
Advisory Committee shall--
(A) notify the Committee on Financial Services of
the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate in
advance of each meeting of the Minority Depositories
Advisory Committee; and
(B) invite the attendance at each meeting of the
Minority Depositories Advisory Committee of--
(i) one member of the majority party and
one member of the minority party of the
Committee on Financial Services of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate; and
(ii) one member of the majority party and
one member of the minority party of any
relevant subcommittees of such committees.
(e) No Termination of Advisory Committees.--The termination
requirements under section 14 of the Federal Advisory Committee Act (5
U.S.C. app.) shall not apply to a Minority Depositories Advisory
Committee established pursuant to this section.
(f) Definitions.--In this section:
(1) Covered regulator.--The term ``covered regulator''
means the Comptroller of the Currency, the Board of Governors
of the Federal Reserve System, the Federal Deposit Insurance
Corporation, and the National Credit Union Administration.
(2) Covered minority institution.--The term ``covered
minority institution'' means a minority depository institution
(as defined in section 308(b) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note)).
(3) Depository institution.--The term ``depository
institution'' has the meaning given under section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813).
(4) Insured credit union.--The term ``insured credit
union'' has the meaning given in section 101 of the Federal
Credit Union Act (12 U.S.C. 1752).
(g) Technical Amendment.--Section 308(b) of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C.
1463 note) is amended by adding at the end the following new paragraph:
``(3) Depository institution.--The term `depository
institution' means an `insured depository institution' (as
defined in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813)) and an insured credit union (as defined in
section 101 of the Federal Credit Union Act (12 U.S.C.
1752)).''.
SEC. 6637. FEDERAL DEPOSITS IN MINORITY DEPOSITORY INSTITUTIONS.
(a) In General.--Section 308 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is
amended--
(1) by adding at the end the following new subsection:
``(d) Federal Deposits.--The Secretary of the Treasury shall ensure
that deposits made by Federal agencies in minority depository
institutions and impact banks are collateralized or insured, as
determined by the Secretary. Such deposits shall include reciprocal
deposits as defined in section 337.6(e)(2)(v) of title 12, Code of
Federal Regulations (as in effect on March 6, 2019).''; and
(2) in subsection (b), as amended by section 6(g), by
adding at the end the following new paragraph:
``(4) Impact bank.--The term `impact bank' means a
depository institution designated by the appropriate Federal
banking agency pursuant to section 6635 of the Ensuring
Diversity in Community Banking Act.''.
(b) Technical Amendments.--Section 308 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C.
1463 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``section--'' and inserting ``section:''; and
(2) in the paragraph heading for paragraph (1), by striking
``financial'' and inserting ``depository''.
SEC. 6638. MINORITY BANK DEPOSIT PROGRAM.
(a) In General.--Section 1204 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note) is amended
to read as follows:
``SEC. 1204. EXPANSION OF USE OF MINORITY DEPOSITORY INSTITUTIONS.
``(a) Minority Bank Deposit Program.--
``(1) Establishment.--There is established a program to be
known as the `Minority Bank Deposit Program' to expand the use
of minority depository institutions.
``(2) Administration.--The Secretary of the Treasury,
acting through the Fiscal Service, shall--
``(A) on application by a depository institution or
credit union, certify whether such depository
institution or credit union is a minority depository
institution;
``(B) maintain and publish a list of all depository
institutions and credit unions that have been certified
pursuant to subparagraph (A); and
``(C) periodically distribute the list described in
subparagraph (B) to--
``(i) all Federal departments and agencies;
``(ii) interested State and local
governments; and
``(iii) interested private sector
companies.
``(3) Inclusion of certain entities on list.--A depository
institution or credit union that, on the date of the enactment
of this section, has a current certification from the Secretary
of the Treasury stating that such depository institution or
credit union is a minority depository institution shall be
included on the list described under paragraph (2)(B).
``(b) Expanded Use Among Federal Departments and Agencies.--
``(1) In general.--Not later than 1 year after the
establishment of the program described in subsection (a), the
head of each Federal department or agency shall develop and
implement standards and procedures to prioritize, to the
maximum extent possible as permitted by law and consistent with
principles of sound financial management, the use of minority
depository institutions to hold the deposits of each such
department or agency.
``(2) Report to congress.--Not later than 2 years after the
establishment of the program described in subsection (a), and
annually thereafter, the head of each Federal department or
agency shall submit to Congress a report on the actions taken
to increase the use of minority depository institutions to hold
the deposits of each such department or agency.
``(c) Definitions.--For purposes of this section:
``(1) Credit union.--The term `credit union' has the
meaning given the term `insured credit union' in section 101 of
the Federal Credit Union Act (12 U.S.C. 1752).
``(2) Depository institution.--The term `depository
institution' has the meaning given in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813).
``(3) Minority depository institution.--The term `minority
depository institution' has the meaning given that term under
section 308 of this Act.''.
(b) Conforming Amendments.--The following provisions are amended by
striking ``1204(c)(3)'' and inserting ``1204(c)'':
(1) Section 808(b)(3) of the Community Reinvestment Act of
1977 (12 U.S.C. 2907(b)(3)).
(2) Section 40(g)(1)(B) of the Federal Deposit Insurance
Act (12 U.S.C. 1831q(g)(1)(B)).
(3) Section 704B(h)(4) of the Equal Credit Opportunity Act
(15 U.S.C. 1691c-2(h)(4)).
SEC. 6639. DIVERSITY REPORT AND BEST PRACTICES.
(a) Annual Report.--Each covered regulator shall submit to Congress
an annual report on diversity including the following:
(1) Data, based on voluntary self-identification, on the
racial, ethnic, and gender composition of the examiners of each
covered regulator, disaggregated by length of time served as an
examiner.
(2) The status of any examiners of covered regulators,
based on voluntary self-identification, as a veteran.
(3) Whether any covered regulator, as of the date on which
the report required under this section is submitted, has
adopted a policy, plan, or strategy to promote racial, ethnic,
and gender diversity among examiners of the covered regulator.
(4) Whether any special training is developed and provided
for examiners related specifically to working with depository
institutions and credit unions that serve communities that are
predominantly minorities, low income, or rural, and the key
focus of such training.
(b) Best Practices.--Each Office of Minority and Women Inclusion of
a covered regulator shall develop, provide to the head of the covered
regulator, and make publicly available best practices--
(1) for increasing the diversity of candidates applying for
examiner positions, including through outreach efforts to
recruit diverse candidate to apply for entry-level examiner
positions; and
(2) for retaining and providing fair consideration for
promotions within the examiner staff for purposes of achieving
diversity among examiners.
(c) Covered Regulator Defined.--In this section, the term ``covered
regulator'' means the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, the Federal Deposit Insurance
Corporation, and the National Credit Union Administration.
SEC. 6640. INVESTMENTS IN MINORITY DEPOSITORY INSTITUTIONS AND IMPACT
BANKS.
(a) Control for Certain Institutions.--Section 7(j)(8)(B) of the
Federal Deposit Insurance Act (12 U.S.C. 1817(j)(8)(B)) is amended to
read as follows:
``(B) `control' means the power, directly or indirectly--
``(i) to direct the management or policies of an
insured depository institution; or
``(ii)(I) with respect to an insured depository
institution, of a person to vote 25 per centum or more
of any class of voting securities of such institution;
or
``(II) with respect to an insured depository
institution that is an impact bank (as designated
pursuant to section 6635 of the Ensuring Diversity in
Community Banking Act) or a minority depository
institution (as defined in section 308(b) of the
Financial Institutions Reform, Recovery, and
Enforcement Act of 1989), of an individual to vote 30
percent or more of any class of voting securities of
such an impact bank or a minority depository
institution.''.
(b) Rulemaking.--The Federal banking agencies (as defined in
section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) shall
jointly issue rules for de novo minority depository institutions and de
novo impact banks (as designated pursuant to section 6635) to allow 3
years to meet the capital requirements otherwise applicable to minority
depository institutions and impact banks.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Federal banking agencies shall jointly submit to
Congress a report on--
(1) the principal causes for the low number of de novo
minority depository institutions during the 10-year period
preceding the date of the report;
(2) the main challenges to the creation of de novo minority
depository institutions and de novo impact banks; and
(3) regulatory and legislative considerations to promote
the establishment of de novo minority depository institutions
and de novo impact banks.
SEC. 6641. REPORT ON COVERED MENTOR-PROTEGE PROGRAMS.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act and annually thereafter, the Secretary of the
Treasury shall submit to Congress a report on participants in a covered
mentor-protege program, including--
(1) an analysis of outcomes of such program;
(2) the number of minority depository institutions that are
eligible to participate in such program but do not have large
financial institution mentors; and
(3) recommendations for how to match such minority
depository institutions with large financial institution
mentors.
(b) Definitions.--In this section:
(1) Covered mentor-protege program.--The term ``covered
mentor-protege program'' means a mentor-protege program
established by the Secretary of the Treasury pursuant to
section 45 of the Small Business Act (15 U.S.C. 657r).
(2) Large financial institution.--The term ``large
financial institution'' means any entity--
(A) regulated by the Comptroller of the Currency,
the Board of Governors of the Federal Reserve System,
the Federal Deposit Insurance Corporation, or the
National Credit Union Administration; and
(B) that has total consolidated assets greater than
or equal to $50,000,000,000.
SEC. 6642. CUSTODIAL DEPOSIT PROGRAM FOR COVERED MINORITY DEPOSITORY
INSTITUTIONS AND IMPACT BANKS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Treasury shall issue rules
establishing a custodial deposit program under which a covered bank may
receive deposits from a qualifying account.
(b) Requirements.--In issuing rules under subsection (a), the
Secretary of the Treasury shall--
(1) consult with the Federal banking agencies;
(2) ensure each covered bank participating in the program
established under this section--
(A) has appropriate policies relating to management
of assets, including measures to ensure the safety and
soundness of each such covered bank; and
(B) is compliant with applicable law; and
(3) ensure, to the extent practicable that the rules do not
conflict with goals described in section 308(a) of the
Financial Institutions Reform, Recovery, and Enforcement Act of
1989 (12 U.S.C. 1463 note).
(c) Limitations.--
(1) Deposits.--With respect to the funds of an individual
qualifying account, an entity may not deposit an amount greater
than the insured amount in a single covered bank.
(2) Total deposits.--The total amount of funds deposited in
a covered bank under the custodial deposit program described
under this section may not exceed the lesser of--
(A) 10 percent of the average amount of deposits
held by such covered bank in the previous quarter; or
(B) $100,000,000 (as adjusted for inflation).
(d) Report.--Each quarter, the Secretary of the Treasury shall
submit to Congress a report on the implementation of the program
established under this section including information identifying
participating covered banks and the total amount of deposits received
by covered banks under the program, including breakdowns by each State
(including the District of Columbia and each territory of the United
States) and Tribal government entity.
(e) Definitions.--In this section:
(1) Covered bank.--The term ``covered bank'' means--
(A) a minority depository institution that is well
capitalized, as defined by the appropriate Federal
banking agency; or
(B) a depository institution designated pursuant to
section 4935 that is well capitalized, as defined by
the appropriate Federal banking agency.
(2) Insured amount.--The term ``insured amount'' means the
amount that is the greater of--
(A) the standard maximum deposit insurance amount
(as defined in section 11(a)(1)(E) of the Federal
Deposit Insurance Act (12 U.S.C. 1821(a)(1)(E))); or
(B) such higher amount negotiated between the
Secretary of the Treasury and the Federal Deposit
Insurance Corporation under which the Corporation will
insure all deposits of such higher amount.
(3) Federal banking agencies.--The terms ``appropriate
Federal banking agency'' and ``Federal banking agencies'' have
the meaning given those terms, respectively, under section 3 of
the Federal Deposit Insurance Act.
(4) Qualifying account.--The term ``qualifying account''
means any account established in the Department of the Treasury
that--
(A) is controlled by the Secretary; and
(B) is expected to maintain a balance greater than
$200,000,000 for the following 24-month period.
SEC. 6643. STREAMLINED COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION
APPLICATIONS AND REPORTING.
(a) Application Processes.--Not later than 12 months after the date
of the enactment of this Act and with respect to any person having
assets under $3,000,000,000 that submits an application for deposit
insurance with the Federal Deposit Insurance Corporation that could
also become a community development financial institution, the Federal
Deposit Insurance Corporation, in consultation with the Administrator
of the Community Development Financial Institutions Fund, shall--
(1) develop systems and procedures to record necessary
information to allow the Administrator to conduct preliminary
analysis for such person to also become a community development
financial institution; and
(2) develop procedures to streamline the application and
annual certification processes and to reduce costs for such
person to become, and maintain certification as, a community
development financial institution.
(b) Implementation Report.--Not later than 18 months after the date
of the enactment of this Act, the Federal Deposit Insurance Corporation
shall submit to Congress a report describing the systems and procedures
required under subsection (a).
(c) Annual Report.--
(1) In general.--Section 17(a)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1827(a)(1)) is amended--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) by redesignating subparagraph (F) as
subparagraph (G);
(C) by inserting after subparagraph (E) the
following new subparagraph:
``(F) applicants for deposit insurance that could
also become a community development financial
institution (as defined in section 103 of the Riegle
Community Development and Regulatory Improvement Act of
1994), a minority depository institution (as defined in
section 308 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989), or an impact
bank (as designated pursuant to section 6635 of the
Ensuring Diversity in Community Banking Act); and''.
(2) Application.--The amendment made by this subsection
shall apply with respect to the first report to be submitted
after the date that is 2 years after the date of the enactment
of this Act.
SEC. 6644. TASK FORCE ON LENDING TO SMALL BUSINESS CONCERNS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Administrator of the Small Business
Administration shall establish a task force to examine methods for
improving relationships between the Small Business Administration and
community development financial institutions, minority depository
institutions, and impact banks (as designated pursuant to section 6635)
to increase the volume of loans provided by such institutions to small
business concerns (as defined under section 3 of the Small Business Act
(15 U.S.C. 632)).
(b) Report to Congress.--Not later than 18 months after the
establishment of the task force described in subsection (a), the
Administrator of the Small Business Administration shall submit to
Congress a report on the findings of such task force.
SEC. 6645. DISCRETIONARY SURPLUS FUND.
(a) In General.--Subparagraph (A) of section 7(a)(3) of the Federal
Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by reducing the dollar
figure described in such subparagraph by $1,920,000,000.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on September 30, 2022.
Subtitle D--Expanding Opportunity for Minority Depository Institutions
SEC. 6651. ESTABLISHMENT OF FINANCIAL AGENT MENTOR-PROTEGE PROGRAM.
(a) In General.--Section 308 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended
by adding at the end the following new subsection:
``(d) Financial Agent Mentor-Protege Program.--
``(1) In general.--The Secretary of the Treasury shall
establish a program to be known as the `Financial Agent Mentor-
Protege Program' (in this subsection referred to as the
`Program') under which a financial agent designated by the
Secretary or a large financial institution may serve as a
mentor, under guidance or regulations prescribed by the
Secretary, to a small financial institution to allow such small
financial institution--
``(A) to be prepared to perform as a financial
agent; or
``(B) to improve capacity to provide services to
the customers of the small financial institution.
``(2) Outreach.--The Secretary shall hold outreach events
to promote the participation of financial agents, large
financial institutions, and small financial institutions in the
Program at least once a year.
``(3) Exclusion.--The Secretary shall issue guidance or
regulations to establish a process under which a financial
agent, large financial institution, or small financial
institution may be excluded from participation in the Program.
``(4) Report.--The Office of Minority and Women Inclusion
of the Department of the Treasury shall include in the report
submitted to Congress under section 342(e) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act information
pertaining to the Program, including--
``(A) the number of financial agents, large
financial institutions, and small financial
institutions participating in such Program, including
breakdowns by each State (including the District of
Columbia and each territory of the United States),
Tribal government entity, and congressional district;
and
``(B) the number of outreach events described in
paragraph (2) held during the year covered by such
report.
``(5) Definitions.--In this subsection:
``(A) Financial agent.--The term `financial agent'
means any national banking association designated by
the Secretary of the Treasury to be employed as a
financial agent of the Government.
``(B) Large financial institution.--The term `large
financial institution' means any entity regulated by
the Comptroller of the Currency, the Board of Governors
of the Federal Reserve System, the Federal Deposit
Insurance Corporation, or the National Credit Union
Administration that has total consolidated assets
greater than or equal to $50,000,000,000.
``(C) Small financial institution.--The term `small
financial institution' means--
``(i) any entity regulated by the
Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, or the
National Credit Union Administration that has
total consolidated assets lesser than or equal
to $2,000,000,000; or
``(ii) a minority depository
institution.''.
(b) Effective Date.--This section and the amendments made by this
section shall take effect 90 days after the date of the enactment of
this Act.
Subtitle E--CDFI Bond Guarantee Program Improvement
SEC. 6661. SENSE OF CONGRESS.
It is the sense of Congress that the authority to guarantee bonds
under section 114A of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4713a) (commonly referred to as the
``CDFI Bond Guarantee Program'') provides community development
financial institutions with a sustainable source of long-term capital
and furthers the mission of the Community Development Financial
Institutions Fund (established under section 104(a) of such Act (12
U.S.C. 4703(a)) to increase economic opportunity and promote community
development investments for underserved populations and distressed
communities in the United States.
SEC. 6662. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMUNITY OR
ECONOMIC DEVELOPMENT PURPOSES.
Section 114A of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4713a) is amended--
(1) in subsection (c)(2), by striking ``, multiplied by an
amount equal to the outstanding principal balance of issued
notes or bonds'';
(2) in subsection (e)(2)(B), by striking ``$100,000,000''
and inserting ``$25,000,000''; and
(3) in subsection (k), by striking ``September 30, 2014''
and inserting ``the date that is 4 years after the date of
enactment of the Promoting and Advancing Communities of Color
Through Inclusive Lending Act''.
SEC. 6663. REPORT ON THE CDFI BOND GUARANTEE PROGRAM.
Not later than 1 year after the date of enactment of this Act, and
not later than 3 years after such date of enactment, the Secretary of
the Treasury shall issue a report to the Committee on Financial
Services of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate on the effectiveness of the
CDFI bond guarantee program established under section 114A of the
Community Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4713a).
TITLE LXVII--HOMELAND SECURITY PROVISIONS
Subtitle A--Strengthening Security of Our Communities
SEC. 6701. NONPROFIT SECURITY GRANT PROGRAM IMPROVEMENT.
(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 ``and threats'' before
the period at the end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``this subsection (a)'' and inserting ``this
subsection''; and
(B) by amending paragraph (2) to read as follows:
``(2) determined by the Secretary to be at risk of
terrorist attacks and 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, including
costs associated with contracted security.
``(D) Expenses directly related to the
administration of the grant, except that such expenses
may not exceed five percent of the amount of the
grant.''; and
(E) by adding at the end the following new
paragraph:
``(2) Retention.--Each State through which a recipient
receives a grant under this section may retain up to five
percent of each grant for expenses directly related to the
administration of the grant.'';
(4) in subsection (e)--
(A) by striking ``2020 through 2024'' and inserting
``2022 through 2028''; and
(B) by adding at the end the following new
sentence: ``Each such report shall also include
information on the number of applications submitted by
eligible nonprofit organizations to each State, the
number of applications submitted by each State to the
Administrator, and the operations of the Nonprofit
Security Grant Program Office, including staffing
resources and efforts with respect to subparagraphs (A)
through (E) of subsection (c)(1).'';
(5) by redesignating subsection (f) as subsection (j);
(6) by inserting after subsection (e) the following new
subsections:
``(f) Administration.--Not later than 120 days after the date of
the enactment of this subsection, the Administrator shall establish
within the Federal Emergency Management Agency a program office for the
Program (in this section referred to as the `program office'). The
program office shall be headed by a senior official of the Agency. The
Administrator shall administer the Program (including, where
appropriate, in coordination with States), including relating to the
following:
``(1) Outreach, engagement, education, and technical
assistance and support to eligible nonprofit organizations
described in subsection (b), with particular attention to such
organizations in underserved communities, prior to, 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.
``(2) Establishment of mechanisms to ensure program office
processes are conducted in accordance with constitutional,
statutory, regulatory, and other legal and agency policy
requirements that protect civil rights and civil liberties and,
to the maximum extent practicable, advance equity for members
of underserved communities.
``(3) Establishment of mechanisms for the Administrator to
provide feedback to eligible nonprofit organizations that do
not receive grants.
``(4) Establishment of mechanisms to collect data to
measure the effectiveness of grants under the Program.
``(5) 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.
``(6) Carrying out efforts to prevent waste, fraud, and
abuse, including through audits of grantees.
``(g) Grant Guidelines.--For each fiscal year, prior to 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 prior to the publication of such guidelines.
``(h) Allocation Requirements.--
``(1) In general.--In awarding grants under this section,
the Administrator shall ensure that--
``(A) 50 percent of amounts appropriated pursuant
to the authorization of appropriations under subsection
(k) is provided to eligible recipients located in high-
risk urban areas that receive funding under section
2003 in the current fiscal year or received such
funding in any of the preceding ten fiscal years,
inclusive of any amounts States may retain pursuant to
paragraph (2) of subsection (c); and
``(B) 50 percent of amounts appropriated pursuant
to the authorizations of appropriations under
subsection (k) is provided to eligible recipients
located in jurisdictions not receiving funding under
section 2003 in the current fiscal year or have not
received such funding in any of the preceding ten
fiscal years, inclusive of any amounts States may
retain pursuant to paragraph (2) of subsection (c).
``(2) Exception.--Notwithstanding paragraph (1), the
Administrator may allocate a different percentage if the
Administrator does not receive a sufficient number of
applications from eligible recipients to meet the allocation
percentages described in either subparagraph (A) or (B) of such
paragraph. If the Administrator exercises the authorization
under this paragraph, the Administrator shall, not later than
30 days after such exercise, report to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate regarding such exercise.
``(i) 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.'';
(7) in subsection (j), as so redesignated--
(A) in paragraph (1), by striking ``$75 million for
each of fiscal years 2020 through 2024'' and inserting
``$75,000,000 for fiscal year 2023 and $500,000,000 for
each of fiscal years 2024 through 2028''; and
(B) by amending paragraph (2) to read as follows:
``(2) Operations and maintenance.--Of the amounts
authorized to be appropriated pursuant to paragraph (1), not
more than five percent is authorized--
``(A) to operate the program office; and
``(B) for other costs associated with the
management, administration, and evaluation of the
Program.''; and
(8) by adding at the end the following new subsection:
``(k) Treatment.--Nonprofit organizations determined by the
Secretary to be at risk of extremist attacks other than terrorist
attacks and threats under subsection (a) are deemed to satisfy the
conditions specified in subsection (b) if protecting such organizations
against such other extremist attacks would help protect such
organizations against such terrorist attacks and threats.''.
(b) Plan.--Not later than 90 days after the date of the enactment
of this Act, the Administrator of the Federal Emergency Management
Agency 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 plan for the administration of the
program office for the Nonprofit Security Grant Program established
under subsection (f) of section 2009 of the Homeland Security Act 2002
(6 U.S.C. 609a), as amended by subsection (a), including a staffing
plan for such program office.
(c) Conforming Amendment.--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 ``sections 2003, 2004, or 2009''.
SEC. 6702. NATIONAL COMPUTER FORENSICS INSTITUTE REAUTHORIZATION.
(a) In General.--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 ``2022'' and inserting ``2032'';
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, judges, participants
in the United States Secret Service's network of cyber
fraud task forces, and other appropriate individuals
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 Department guidance regarding
privacy, civil rights, and civil liberties
protections.'';
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(3) by striking subsection (b) and inserting the following
new subsections:
``(b) Curriculum.--In furtherance of subsection (a), all education
and training of the Institute shall be conducted in accordance with
relevant Federal law and policy regarding privacy, civil rights, and
civil liberties protections, including best practices for safeguarding
data privacy and fair information practice principles. 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.
``(c) Research and Development.--In furtherance of subsection (a),
the Institute shall research, develop, and share information relating
to investigating cybersecurity incidents, electronic crimes, and
related cybersecurity threats that prioritize best practices for
forensic examinations of computers, mobile devices, and other
information systems. Such information may include training on methods
to investigate ransomware and other threats involving the use of
digital assets.'';
(4) in subsection (d), as so redesignated--
(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: ``The Institute shall prioritize providing
education and training to individuals from
geographically-diverse jurisdictions throughout the
United States.'';
(5) in subsection (e), as so redesignated--
(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, related
cybersecurity threats, and for forensic examinations of
computers, mobile devices, and other information
systems'';
(6) in subsection (f), as so redesignated--
(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'';
(7) by redesignating subsection (g), as redesignated
pursuant to paragraph (2), as subsection (j); and
(8) by inserting after subsection (f), as so redesignated,
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.--The Secretary shall include in
the annual report required pursuant to section 1116 of title 31, United
States Code, information regarding the activities of the Institute,
including relating to the following:
``(1) Activities of the Institute, including, where
possible, an identification of jurisdictions with recipients of
education and training provided pursuant to subsection (a) of
this section during such year and information relating to the
costs associated with such education and training.
``(2) Any information regarding projected future demand for
such education and training.
``(3) Impacts of the Institute's activities on
jurisdictions' capability to investigate and prevent
cybersecurity incidents, electronic crimes, and related
cybersecurity threats.
``(4) A description of the nomination process for State,
local, territorial, and Tribal law enforcement officers,
prosecutors, judges, participants in the United States Secret
Service's network of cyber fraud task forces, and other
appropriate individuals to receive the education and training
provided pursuant to subsection (a).
``(5) Any other issues determined relevant by the
Secretary.
``(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))).''.
(b) Guidance From the Privacy Officer and Civil Rights and Civil
Liberties Officer.--The Privacy Officer and the Officer for Civil
Rights and Civil Liberties of the Department of Homeland Security shall
provide guidance, upon the request of the Director of the United States
Secret Service, regarding the functions specified in subsection (b) of
section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383), as
amended by subsection (a).
(c) Template for Information Collection From Participating
Jurisdictions.--Not later than 180 days after the date of the enactment
of this Act, the Director of the United States Secret Service shall
develop and disseminate to jurisdictions that are recipients of
education and training provided by the National Computer Forensics
Institute pursuant to subsection (a) of section 822 of the Homeland
Security Act of 2002 (6 U.S.C. 383), as amended by subsection (a), a
template to permit each such jurisdiction to submit to the Director
reports on the impacts on such jurisdiction of such education and
training, including information on the number of digital forensics
exams conducted annually. The Director shall, as appropriate, revise
such template and disseminate to jurisdictions described in this
subsection any such revised templates.
(d) Requirements Analysis.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Director of the United States
Secret Service shall carry out a requirements analysis of
approaches to expand capacity of the National Computer
Forensics Institute to carry out the Institute's mission as set
forth in subsection (a) of section 822 of the Homeland Security
Act of 2002 (6 U.S.C. 383), as amended by subsection (a).
(2) Submission.--Not later than 90 days after completing
the requirements analysis under paragraph (1), the Director of
the United States Secret Service shall submit to Congress such
analysis, together with a plan to expand the capacity of the
National Computer Forensics Institute to provide education and
training described in such subsection. Such analysis and plan
shall consider the following:
(A) Expanding the physical operations of the
Institute.
(B) Expanding the availability of virtual education
and training to all or a subset of potential recipients
of education and training from the Institute.
(C) Some combination of the considerations set
forth in subparagraphs (A) and (B).
(e) Research and Development.--The Director of the United States
Secret Service may coordinate with the Under Secretary for Science and
Technology of the Department of Homeland Security to carry out research
and development of systems and procedures to enhance the National
Computer Forensics Institute's capabilities and capacity to carry out
the Institute's mission as set forth in subsection (a) of section 822
of the Homeland Security Act of 2002 (6 U.S.C. 383), as amended by
subsection (a).
SEC. 6703. HOMELAND SECURITY CAPABILITIES PRESERVATION.
(a) Plan.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security,
acting through the Administrator of the Federal Emergency
Management Agency, 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
plan, informed by the survey information collected pursuant to
subsection (b), to make Federal assistance available for at
least three consecutive fiscal years to certain urban areas
that in the current fiscal year did not receive grant funding
under the Urban Area Security Initiative under section 2003 of
the Homeland Security Act of 2002 (6 U.S.C. 604) and require
continued Federal assistance for the purpose of preserving a
homeland security capability related to preventing, preparing
for, protecting against, and responding to acts of terrorism
that had been developed or otherwise supported through prior
grant funding under such Initiative and allow for such urban
areas to transition to such urban areas costs of preserving
such homeland security capabilities.
(2) Additional requirement.--The plan required under
paragraph (1) shall also contain a prohibition on an urban area
that in a fiscal year is eligible to receive Federal assistance
described in such paragraph from also receiving grant funding
under the Urban Area Security Initiative under section 2003 of
the Homeland Security Act of 2002. In such a case, such plan
shall require such an urban area to promptly notify the
Administrator of the Federal Emergency Management Agency
regarding the preference of such urban area to retain either--
(A) such eligibility for such Federal assistance;
or
(B) such receipt of such grant funding.
(b) Survey.--In developing the plan required under subsection (a),
the Administrator of the Federal Emergency Management Agency, shall, to
ascertain the scope of Federal assistance required, survey urban areas
that--
(1) did not receive grant funding under the Urban Area
Security Initiative under section 2003 of the Homeland Security
Act of 2002 in the current fiscal year concerning homeland
security capabilities related to preventing, preparing for,
protecting against, and responding to acts of terrorism that
had been developed or otherwise supported through funding under
such Initiative that are at risk of being reduced or eliminated
without such Federal assistance;
(2) received such funding in the current fiscal year, but
did not receive such funding in at least one fiscal year in the
six fiscal years immediately preceding the current fiscal year;
and
(3) any other urban areas the Secretary determines
appropriate.
(c) Exemption.--The Secretary of Homeland Security may exempt the
Federal Emergency Management Agency 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 (b) if the Secretary determines that complying with such
requirements would delay the development of the plan required under
subsection (a).
(d) Contents.--The plan required under subsection (a) shall--
(1) establish eligibility criteria for urban areas to
receive Federal assistance pursuant to such plan to provide
assistance for the purpose described in such subsection;
(2) identify annual funding levels for such Federal
assistance in accordance with the survey required under
subsection (b); and
(3) consider a range of approaches to make such Federal
assistance available to such urban areas, including--
(A) modifications to the Urban Area Security
Initiative under section 2003 of the Homeland Security
Act of 2002 in a manner that would not affect the
availability of funding to urban areas under such
Initiative;
(B) the establishment of a competitive grant
program;
(C) the establishment of a formula grant program;
and
(D) a timeline for the implementation of any such
approach and, if necessary, a legislative proposal to
authorize any such approach.
SEC. 6704. SCHOOL AND DAYCARE PROTECTION.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following new
section:
``SEC. 714. SCHOOL SECURITY COORDINATING COUNCIL.
``(a) Establishment.--There is established in the Department a
coordinating council to ensure that, to the maximum extent practicable,
activities, plans, and policies to enhance the security of early
childhood education programs, elementary schools, high schools, and
secondary schools against acts of terrorism and other homeland security
threats are coordinated.
``(b) Composition.--The members of the council established pursuant
to subsection (a) shall include the following:
``(1) The Under Secretary for Strategy, Policy, and Plans.
``(2) The Director of the Cybersecurity and Infrastructure
Security.
``(3) The Administrator of the Federal Emergency Management
Agency.
``(4) The Director of the Secret Service.
``(5) The Executive Director of the Office of Academic
Engagement.
``(6) The Assistant Secretary for Public Affairs.
``(7) Any other official of the Department the Secretary
determines appropriate.
``(c) Leadership.--The Secretary shall designate a member of the
council to serve as chair of the council.
``(d) Resources.--The Secretary shall participate in Federal
efforts to maintain and publicize a clearinghouse of resources
available to early childhood education programs, elementary schools,
high schools, and secondary schools to enhance security against acts of
terrorism and other homeland security threats.
``(e) Reports.--Not later than January 30, 2023, and annually
thereafter, the Secretary 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's activities, plans, and policies
aimed at enhancing the security of early childhood education
programs, elementary schools, high schools, and secondary
schools against acts of terrorism and other homeland security
threats.
``(2) With respect to the immediately preceding year,
information on the following:
``(A) The council's activities during such year.
``(B) The Department's contributions to Federal
efforts to maintain and publicize the clearinghouse of
resources referred to in subsection (d) during such
year.
``(3) Any metrics regarding the efficacy of such activities
and contributions, and any engagement with stakeholders outside
of the Federal Government.
``(f) Definitions.--In this section, the terms `early childhood
education program', `elementary school', `high 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).''.
(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 713 the following new item:
``Sec. 714. School security coordinating council.''.
SEC. 6705. REPORTING EFFICIENTLY TO PROPER OFFICIALS IN RESPONSE TO
TERRORISM.
(a) In General.--Whenever an act of terrorism occurs in the United
States, the Secretary of Homeland Security, the Attorney General, the
Director of the Federal Bureau of Investigation, and, as appropriate,
the head of the National Counterterrorism Center, shall submit to the
appropriate congressional committees, by not later than one year after
the completion of the investigation concerning such act by the primary
Government agency conducting such investigation, an unclassified report
(which may be accompanied by a classified annex) concerning such act.
(b) Content of Reports.--A report under this section shall--
(1) include a statement of the facts of the act of
terrorism referred to in subsection (a), as known at the time
of the report;
(2) identify any gaps in homeland or national security that
could be addressed to prevent future acts of terrorism; and
(3) include any recommendations for additional measures
that could be taken to improve homeland or national security,
including recommendations relating to potential changes in law
enforcement practices or changes in law, with particular
attention to changes that could help prevent future acts of
terrorism.
(c) Exception.--
(1) In general.--If the Secretary of Homeland Security, the
Attorney General, the Director of the Federal Bureau of
Investigation, or, as appropriate, the head of the National
Counterterrorism Center determines any information described in
subsection (b) required to be reported in accordance with
subsection (a) could jeopardize an ongoing investigation or
prosecution, the Secretary, Attorney General, Director, or
head, as the case may be--
(A) may withhold from reporting such information;
and
(B) shall notify the appropriate congressional
committees of such determination.
(2) Saving provision.--Withholding of information pursuant
to a determination under paragraph (1) shall not affect in any
manner the responsibility to submit a report required under
subsection (a) containing other information described in
subsection (b) not subject to such determination.
(d) Definitions.--In this section:
(1) Act of terrorism.--The term ``act of terrorism'' has
the meaning given such term in section 3077 of title 18, United
States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the House of Representatives--
(i) the Committee on Homeland Security;
(ii) the Committee on the Judiciary; and
(iii) the Permanent Select Committee on
Intelligence; and
(B) in the Senate--
(i) the Committee on Homeland Security and
Governmental Affairs;
(ii) the Committee on the Judiciary; and
(iii) the Select Committee on Intelligence.
SEC. 6706. 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;''.
Subtitle B--Enhancing DHS Acquisitions and Supply Chain
SEC. 6721. HOMELAND PROCUREMENT REFORM.
(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
organizations 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 Coast Guard.
``(F) The Federal Protective Service.
``(G) The Federal Emergency Management Agency.
``(H) The Federal Law Enforcement Training Centers.
``(I) 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 the
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--
``(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; and
``(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 1 year after the date of enactment of
this section and annually thereafter, the Secretary shall provide to
the Committee on Homeland Security, the Committee on Oversight and
Reform, and the Committee on Appropriations of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs 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
enactment of this section.''.
(b) Study.--
(1) In general.--Not later than 18 months after the date of
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 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
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 and the Committee on
Appropriations of the Senate; and
(B) the Committee on Homeland Security, the
Committee on Oversight and Reform, 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. 6722. DHS SOFTWARE SUPPLY CHAIN RISK MANAGEMENT.
(a) Guidance.--The Secretary of Homeland Security, acting through
the Under Secretary, shall issue guidance with respect to new and
existing covered contracts.
(b) New Covered Contracts.--In developing guidance under subsection
(a), with respect to each new covered contract, as a condition on the
award of such a contract, each contractor responding to a solicitation
for such a contract shall submit to the covered officer--
(1) a planned bill of materials when submitting a bid
proposal; and
(2) the certification and notifications described in
subsection (e).
(c) Existing Covered Contracts.--In developing guidance under
subsection (a), with respect to each existing covered contract, each
contractor with an existing covered contract shall submit to the
covered officer--
(1) the bill of materials used for such contract, upon the
request of such officer; and
(2) the certification and notifications described in
subsection (e).
(d) Updating Bill of Materials.--With respect to a covered
contract, in the case of a change to the information included in a bill
of materials submitted pursuant to subsections (b)(1) and (c)(1), each
contractor shall submit to the covered officer the update to such bill
of materials, in a timely manner.
(e) Certification and Notifications.--The certification and
notifications referred to in subsections (b)(2) and (c)(2), with
respect to a covered contract, are the following:
(1) A certification that each item listed on the submitted
bill of materials is free from all known vulnerabilities or
defects affecting the security of the end product or service
identified in--
(A) the National Institute of Standards and
Technology National Vulnerability Database; and
(B) any database designated by the Under Secretary,
in coordination with the Director of the Cybersecurity
and Infrastructure Security Agency, that tracks
security vulnerabilities and defects in open source or
third-party developed software.
(2) A notification of each vulnerability or defect
affecting the security of the end product or service, if
identified, through--
(A) the certification of such submitted bill of
materials required under paragraph (1); or
(B) any other manner of identification.
(3) A notification relating to the plan to mitigate,
repair, or resolve each security vulnerability or defect listed
in the notification required under paragraph (2).
(f) Enforcement.--In developing guidance under subsection (a), the
Secretary shall instruct covered officers with respect to--
(1) the processes available to such officers enforcing
subsections (b) and (c); and
(2) when such processes should be used.
(g) Effective Date.--The guidance required under subsection (a)
shall take effect on the date that is 180 days after the date of the
enactment of this section.
(h) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Secretary, 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--
(1) a review of the implementation of this section;
(2) information relating to the engagement of the
Department of Homeland Security with industry;
(3) an assessment of how the guidance issued pursuant to
subsection (a) complies with Executive Order 14208 (86 Fed.
Reg. 26633; relating to improving the nation's cybersecurity);
and
(4) any recommendations relating to improving the supply
chain with respect to covered contracts.
(i) Definitions.--In this section:
(1) Bill of materials.--The term ``bill of materials''
means a list of the parts and components (whether new or
reused) of an end product or service, including, with respect
to each part and component, information relating to the origin,
composition, integrity, and any other information as determined
appropriate by the Under Secretary.
(2) Covered contract.--The term ``covered contract'' means
a contract relating to the procurement of covered information
and communications technology or services for the Department of
Homeland Security.
(3) Covered information and communications technology or
services.--The term ``covered information and communications
technology or services'' means the terms--
(A) ``information technology'' (as such term is
defined in section 11101(6) of title 40, United States
Code);
(B) ``information system'' (as such term is defined
in section 3502(8) of title 44, United States Code);
(C) ``telecommunications equipment'' (as such term
is defined in section 3(52) of the Communications Act
of 1934 (47 U.S.C. 153(52))); and
(D) ``telecommunications service'' (as such term is
defined in section 3(53) of the Communications Act of
1934 (47 U.S.C. 153(53))).
(4) Covered officer.--The term ``covered officer'' means--
(A) a contracting officer of the Department; and
(B) any other official of the Department as
determined appropriate by the Under Secretary.
(5) Software.--The term ``software'' means computer
programs and associated data that may be dynamically written or
modified during execution.
(6) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Management of the Department of
Homeland Security.
SEC. 6723. 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.) is amended by adding at the end the
following new section:
``SEC. 890C. 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 Act, 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 890B the following new item:
``Sec. 890C. Mentor-protege program.''.
SEC. 6724. DHS TRADE AND ECONOMIC SECURITY COUNCIL.
(a) DHS Trade and Economic Security Council.--
(1) In general.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is further amended
by adding at the end the following new section:
``SEC. 890D. DHS TRADE AND ECONOMIC SECURITY COUNCIL.
``(a) Establishment.--There is established in the Department the
DHS Trade and Economic Security Council (referred to in this section as
the `Council').
``(b) Duties of the Council.--The Council shall provide to the
Secretary advice and recommendations on matters of trade and economic
security, including--
``(1) identifying concentrated risks for trade and economic
security;
``(2) setting priorities for securing the Nation's trade
and economic security;
``(3) coordinating Department-wide activity on trade and
economic security matters;
``(4) with respect to the President's continuity of the
economy plan under section 9603 of the William M. (Mac)
Thornberry National Defense Authorization Act of Fiscal Year
2021;
``(5) proposing statutory and regulatory changes impacting
trade and economic security; and
``(6) any other matters the Secretary considers
appropriate.
``(c) Membership.--
``(1) In general.--The Council shall be composed of the
following members:
``(A) The Assistant Secretary for Trade and
Economic Security of the Office of Strategy, Policy,
and Plans of the Department.
``(B) An officer or an employee, selected by the
Secretary, from each of the following components and
offices of the Department:
``(i) The Cybersecurity and Infrastructure
Security Agency.
``(ii) The Federal Emergency Management
Agency.
``(iii) The Office of Intelligence and
Analysis.
``(iv) The Science and Technology
Directorate.
``(v) United States Citizenship and
Immigration Services.
``(vi) The Coast Guard.
``(vii) U.S. Customs and Border Protection.
``(viii) U.S. Immigration and Customs
Enforcement.
``(ix) The Transportation Security
Administration.
``(2) Chair and vice chair.--The Assistant Secretary for
Trade and Economic Security shall serve as Chair of the
Council. The Assistant Secretary for Trade and Economic
Security may designate a Council member as a Vice Chair.
``(d) Meetings.--The Council shall meet not less frequently than
quarterly, as well as--
``(1) at the call of the Chair; or
``(2) at the direction of the Secretary.
``(e) Briefings.--Not later than 180 days after the date of the
enactment of this section and every six months thereafter for four
years, the Council shall brief the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate on the actions and activities of the
Council.
``(f) Definition.--In this section, the term `economic security'
means the condition of having secure and resilient domestic production
capacity combined with reliable access to the global resources
necessary to maintain an acceptable standard of living and protect core
national values.''.
(2) 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 the following
new item:
``Sec. 890D. DHS Trade and Economic Security Council.''.
(b) Assistant Secretary for Trade and Economic Security.--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 for Trade and Economic Security.--
``(1) In general.--There is within the Office of Strategy,
Policy, and Plans an Assistant Secretary for Trade and Economic
Security.
``(2) Duties.--The Assistant Secretary for Trade and
Economic Security 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 for
Trade and Economic Security shall--
``(A) oversee--
``(i) the activities and enhancements of
requirements for supply chain mapping not
otherwise assigned by law or by the Secretary
to another officer; and
``(ii) assessments and reports to Congress
related to critical economic security domains;
``(B) serve as the executive for the Department on
the Committee on Foreign Investment in the United
States (CFIUS), the Committee for the Assessment of
Foreign Participation in the United States
Telecommunications Services Sector, and the Federal
Acquisition Security Council (in addition to any
position on such Council occupied by a representative
of the Cybersecurity and Infrastructure Security Agency
of the Department);
``(C) coordinate with stakeholders in other Federal
departments and agencies and non-governmental entities
with trade and economic security interests,
authorities, and responsibilities; and
``(D) 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) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security $3,000,000 for each
of fiscal years 2023 through 2027 to carry out section 890B and
subsection (g) of section 709 of the Homeland Security Act of 2002, as
added and inserted, respectively, by subsections (a) and (b) of this
Act.
SEC. 6725. DHS ACQUISITION REFORM.
(a) Acquisition Authorities for the Under Secretary of Management
of the Department of Homeland Security.--Section 701 of the Homeland
Security Act of 2002 (6 U.S.C. 341) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``and
acquisition management'' after ``Procurement''; and
(B) in paragraph (6), by inserting ``(including
firearms and other sensitive assets)'' after
``equipment'';
(2) by redesignating subsections (d), the first subsection
(e) (relating to the system for award management consultation),
and the second subsection (e) (relating to the definition of
interoperable communications) as subsections (e), (f), and (g),
respectively; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Acquisition and Related Responsibilities.--
``(1) In general.--Notwithstanding section 1702(a) of title
41, United States Code, the Under Secretary for Management is
the Chief Acquisition Officer of the Department. As Chief
Acquisition Officer, the Under Secretary shall have the
authorities and perform the functions specified in section
1702(b) of such title, and perform all other functions and
responsibilities delegated by the Secretary or described in
this subsection.
``(2) Functions and responsibilities.--In addition to the
authorities and functions specified in section 1702(b) of title
41, United States Code, the functions and responsibilities of
the Under Secretary for Management related to acquisition (as
such term is defined in section 131 of such title) include the
following:
``(A) Advising the Secretary regarding acquisition
management activities, considering risks of failure to
achieve cost, schedule, or performance parameters, to
ensure that the Department achieves its mission through
the adoption of widely accepted program management best
practices (as such term is defined in section 837) and
standards and, where appropriate, acquisition
innovation best practices.
``(B) Leading the Department's acquisition
oversight body, the Acquisition Review Board.
``(C) Synchronizing interagency coordination
relating to acquisition programs and acquisition
management efforts of the Department.
``(D) Exercising the acquisition decision authority
(as such term is defined in section 837) to approve,
pause, modify (including the rescission of approvals of
program milestones), or cancel major acquisition
programs (as such term is defined in section 837),
unless the Under Secretary delegates such authority to
a Component Acquisition Executive (as such term is
defined in section 837) pursuant to paragraph (3).
``(E) Providing additional scrutiny and oversight
for an acquisition that is not a major acquisition if--
``(i) the acquisition is for a program that
is important to the strategic and performance
plans of the Department;
``(ii) the acquisition is for a program
with significant program or policy
implications; and
``(iii) the Secretary determines that such
scrutiny and oversight for the acquisition is
proper and necessary.
``(F) Establishing policies for managing
acquisitions across the Department that promote best
practices (as such term is defined in section 837).
``(G) Establishing policies for acquisition that
implement an approach that considers risks of failure
to achieve cost, schedule, or performance parameters
that all components of the Department shall comply
with, including outlining relevant authorities for
program managers to effectively manage acquisition
programs (as such term is defined in section 837).
``(H) Ensuring that each major acquisition program
has a Department-approved acquisition program baseline
(as such term is defined in section 837), pursuant to
the Department's acquisition management policy that is
traceable to the life-cycle cost estimate of the
program, integrated master schedule, and operational
requirements.
``(I) Assisting the heads of components and
Component Acquisition Executives in efforts to comply
with Federal law, the Federal Acquisition Regulation,
and Department acquisition management directives.
``(J) Ensuring that grants and financial assistance
are provided only to individuals and organizations that
are not suspended or debarred.
``(K) Distributing guidance throughout the
Department to ensure that contractors involved in
acquisitions, particularly contractors that access the
Department's information systems and technologies,
adhere to relevant Department policies related to
physical and information security as identified by the
Under Secretary.
``(L) Overseeing the Component Acquisition
Executive organizational structure to ensure Component
Acquisition Executives have sufficient capabilities and
comply with Department acquisition policies.
``(M) Developing and managing a professional
acquisition workforce to ensure the goods and services
acquired by the Department meet the needs of the
mission and are at the best value for the expenditure
of public resources.
``(3) Delegation of certain acquisition decision
authority.--The Under Secretary for Management may delegate
acquisition decision authority, in writing, to the relevant
Component Acquisition Executive for a major capital asset,
service, or hybrid acquisition program that has a life-cycle
cost estimate of at least $300,000,000 but not more than
$1,000,000,000, based on fiscal year 2022 constant dollars,
if--
``(A) the component concerned possesses working
policies, processes, and procedures that are consistent
with Department acquisition policy;
``(B) the Component Acquisition Executive concerned
has adequate, experienced, and dedicated professional
employees with program management training; and
``(C) each major acquisition program has a
Department-approved acquisition program baseline, and
it is meeting agreed-upon cost, schedule, and
performance thresholds.''.
(b) Office of Test and Evaluation of the Department of Homeland
Security.--
(1) 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. OFFICE OF TEST AND EVALUATION.
``(a) Establishment of Office.--There is established in the
Directorate of Science and Technology of the Department an Office of
Test and Evaluation (in this section referred to as the `Office'). The
Office shall--
``(1) serve as the principal advisory office for test and
evaluation support across the Department; and
``(2) serve as the test and evaluation liaison with--
``(A) Federal agencies and foreign, State, local,
Tribal, and territorial governments;
``(B) the private sector;
``(C) institutions of higher education; and
``(D) other relevant entities.
``(b) Director.--The Office shall be led by a Director. The
Director shall oversee the duties specified in subsection (a) and carry
out the following responsibilities:
``(1) Serve as a member of the Department's Acquisition
Review Board.
``(2) Establish and update, as necessary, test and
evaluation policies, procedures, and guidance for the
Department.
``(3) Ensure, in coordination with the Chief Acquisition
Officer, the Joint Requirements Council, the Under Secretary
for Science and Technology, and relevant component heads, that
acquisition programs (as such term is defined in section 837)--
``(A) complete reviews of operational requirements
to ensure such requirements--
``(i) are informed by threats, including
physical and cybersecurity threats;
``(ii) are operationally relevant; and
``(iii) are measurable, testable, and
achievable within the constraints of cost and
schedule;
``(B) complete independent testing and evaluation
of a system or service throughout development of such
system or service;
``(C) complete operational testing and evaluation
that includes all system components and incorporates
operators into such testing and evaluation to ensure
that a system or service satisfies the mission
requirements in the operational environment of such
system or service as intended in the acquisition
program baseline;
``(D) use independent verification and validation
of test and evaluation implementation and results, as
appropriate; and
``(E) document whether such programs meet all
operational requirements.
``(4) Provide oversight of test and evaluation activities
for major acquisition programs throughout the acquisition life
cycle by--
``(A) approving program test and evaluation master
plans, plans for individual test and evaluation events,
and other related documentation, determined appropriate
by the Director;
``(B) approving which independent test and
evaluation agent or third-party tester is selected for
each program; and
``(C) providing an independent assessment to the
acquisition decision authority (as such term is defined
in section 837) that assesses a program's progress in
meeting operational requirements and operational
effectiveness, suitability, and resilience to inform
production and deployment decisions.
``(5) Determine if testing of a system or service conducted
by other Federal agencies, entities, or institutions of higher
education are relevant and sufficient in determining whether
such system or service performs as intended.
``(c) Annual Report.--
``(1) In general.--Not later than one year after the date
of the enactment of this section and annually thereafter, the
Director of the Office shall submit to the Secretary, the Under
Secretary for Management, component heads, and the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs a
report relating to the test and evaluation activities of the
major acquisition programs of the Department for the previous
fiscal year.
``(2) Elements.--Each report required under paragraph (1)
shall include the following:
``(A) An assessment of--
``(i) test and evaluation activities
conducted for each major acquisition program
with respect to demonstrating operational
requirements and operational effectiveness,
suitability, and resilience for each such
program;
``(ii) any waivers of, or deviations from,
approved program test and evaluation master
plans referred to in subsection (b)(3)(A);
``(iii) any concerns raised by the
independent test and evaluation agent or third-
party tester selected and approved under
subsection (b)(3)(B) relating to such waivers
or deviations; and
``(iv) any actions that have been taken or
are planned to be taken to address such
concerns.
``(B) Recommendations with respect to resources,
facilities, and levels of funding made available for
test and evaluation activities referred to in
subparagraph (A).
``(3) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form but may include a classified
annex.
``(d) Relationship to Under Secretary for Science and Technology.--
``(1) In general.--The Under Secretary for Management and
the Under Secretary for Science and Technology shall coordinate
in matters related to Department-wide acquisitions so that
investments of the Directorate of Science and Technology are
able to support current and future requirements of the
components of the Department.
``(2) Rule of construction.--Nothing in this subsection may
be construed as affecting or diminishing the authority of the
Under Secretary for Science and Technology.''.
(2) 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 322 the following
new item:
``Sec. 323. Office of Test and Evaluation.''.
(c) Acquisition Authorities for Chief Financial Officer of the
Department of Homeland Security.--Paragraph (2) of section 702(b) of
the Homeland Security Act of 2002 (6 U.S.C. 342(b)) is amended by--
(1) redesignating subparagraph (I) as subparagraph (J); and
(2) inserting after subparagraph (H) the following new
subparagraph:
``(I) Oversee the costs of acquisition programs (as
such term is defined in section 837) and related
activities to ensure that actual and planned costs are
in accordance with budget estimates and are affordable,
or can be adequately funded, over the life cycle of
such programs and activities.''.
(d) Acquisition Authorities for Chief Information Officer of the
Department of Homeland Security.--Section 703 of the Homeland Security
Act of 2002 (6 U.S.C. 343) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Acquisition Responsibilities.--In addition to the
responsibilities specified in section 11315 of title 40, United States
Code, the acquisition responsibilities of the Chief Information
Officer, in consultation with the Under Secretary for Management, shall
include the following:
``(1) Overseeing the management of the Homeland Security
Enterprise Architecture and ensuring that, before each
acquisition decision event (as such term is defined in section
837), approved information technology acquisitions comply with
any departmental information technology management
requirements, security protocols, and the Homeland Security
Enterprise Architecture, and in any case in which information
technology acquisitions do not so comply, making
recommendations to the Department's Acquisition Review Board
regarding such noncompliance.
``(2) Providing recommendations to the Acquisition Review
Board regarding information technology programs and developing
information technology acquisition strategic guidance.''.
(e) Acquisition Authorities for Under Secretary of Strategy,
Policy, and Plans of the Department of Homeland Security.--Subsection
(c) of section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349)
is amended by--
(1) redesignating paragraphs (4) through (7) as (5) through
(8), respectively; and
(2) inserting after paragraph (3) the following new
paragraph:
``(4) ensure acquisition programs (as such term is defined
in section 837) support the DHS Quadrennial Homeland Security
Review Report, the DHS Strategic Plan, the DHS Strategic
Priorities, and other appropriate successor documents;''.
(f) Acquisition Authorities for Program Accountability and Risk
Management (PARM) of the Department of Homeland Security.--
(1) In general.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by this Act, is further
amended by adding at the end the following new section:
``SEC. 715. PROGRAM ACCOUNTABILITY AND RISK MANAGEMENT OFFICE.
``(a) Establishment of Office.--There is established in the
Management Directorate of the Department a Program Accountability and
Risk Management office. Such office shall--
``(1) provide consistent accountability, standardization,
and transparency of major acquisition programs of the
Department;
``(2) serve as the central oversight function for all
Department major acquisition programs; and
``(3) provide review and analysis of Department acquisition
programs, as appropriate.
``(b) Executive Director.--The Program Accountability and Risk
Management office shall be led by an Executive Director. The Executive
Director shall oversee the duties specified in subsection (a), report
directly to the Under Secretary for Management, and carry out the
following responsibilities:
``(1) Regularly monitor the performance of Department major
acquisition programs between acquisition decision events to
identify problems with cost, performance, or schedule that
components may need to address to prevent cost overruns,
performance issues, or schedule delays.
``(2) Assist the Under Secretary for Management in managing
the Department's acquisition programs, acquisition workforce,
and related activities of the Department.
``(3) Conduct oversight of individual acquisition programs
to implement Department acquisition program policy, procedures,
and guidance, with a priority on ensuring the data the office
collects and maintains from Department components is accurate
and reliable.
``(4) Serve as the focal point and coordinator for the
acquisition life-cycle review process and as the executive
secretariat for the Department's Acquisition Review Board.
``(5) Advise the persons having acquisition decision
authority to--
``(A) make acquisition decisions consistent with
all applicable laws; and
``(B) establish clear lines of authority,
accountability, and responsibility for acquisition
decision-making within the Department.
``(6) Develop standardized certification standards, in
consultation with the Component Acquisition Executives, for all
acquisition program managers.
``(7) Assess the results of major acquisition programs'
post-implementation reviews, and identify opportunities to
improve performance throughout the acquisition process.
``(8) Provide technical support and assistance to
Department acquisition programs and acquisition personnel, and
coordinate with the Chief Procurement Officer regarding
workforce training and development activities.
``(9) Assist, as appropriate, with the preparation of the
Future Years Homeland Security Program, and make such
information available to the congressional homeland security
committees.
``(10) In coordination with the Component Acquisition
Executives, maintain the Master Acquisition Oversight List,
updated quarterly, that shall serve as an inventory of all
major acquisition programs and non-major acquisition programs
within the Department, including for each such program--
``(A) the component sponsoring the acquisition;
``(B) the name of the acquisition;
``(C) the acquisition level as determined by the
anticipated life-cycle cost of the program and other
criteria pursuant to the Department-level acquisition
policy;
``(D) the acquisition decision authority for the
acquisition; and
``(E) the current acquisition phase.
``(c) Responsibilities of Components.--Each head of a component
shall comply with Federal law, the Federal Acquisition Regulation, and
Department acquisition management directives established by the Under
Secretary for Management. For each major acquisition program, each head
of a component shall--
``(1) establish an organizational structure for conducting
acquisitions within the component, to be managed by a Component
Acquisition Executive;
``(2) obtain the resources necessary to operate such an
organizational structure that are aligned with the number,
type, size, and complexity of the acquisition programs of the
component; and
``(3) oversee sustainment of capabilities deployed by major
acquisition programs and non-major acquisition programs after
all planned deployments are completed until such capabilities
are retired or replaced.
``(d) Responsibilities of Component Acquisition Executives.--Each
Component Acquisition Executive shall--
``(1) establish and implement policies and guidance for
managing and conducting oversight for major acquisition
programs and non-major acquisition programs within the
component at issue that comply with Federal law, the Federal
Acquisition Regulation, and Department acquisition management
directives established by the Under Secretary for Management;
``(2) for each major acquisition program--
``(A) define baseline requirements and document
changes to such requirements, as appropriate;
``(B) establish a complete life cycle cost estimate
with supporting documentation that is consistent with
cost estimating best practices as identified by the
Comptroller General of the United States;
``(C) verify each life cycle cost estimate against
independent cost estimates or assessments, as
appropriate, and reconcile any differences;
``(D) complete a cost-benefit analysis with
supporting documentation; and
``(E) develop and maintain a schedule that is
consistent with scheduling best practices as identified
by the Comptroller General of the United States,
including, in appropriate cases, an integrated master
schedule;
``(3) ensure that all acquisition program documentation
provided by the component demonstrates the knowledge required
for successful program execution prior to final approval and is
complete, accurate, timely, and valid;
``(4) in such cases where it is appropriate, exercise the
acquisition decision authority to approve, pause, modify
(including the rescission of approvals of program milestones),
or cancel major acquisition programs or non-major acquisition
programs when delegated by the Under Secretary for Management
pursuant to section 701(d)(3); and
``(5) review, oversee, and direct activities between
acquisition decision events for major acquisition programs
within the component for which the Under Secretary for
Management is the acquisition decision authority.
``(e) Definitions.--In this section:
``(1) Acquisition.--The term `acquisition' has the meaning
given such term in section 131 of title 41, United States Code.
``(2) Acquisition decision authority.--The term
`acquisition decision authority' means the authority, in
addition to the authorities and functions specified in
subsection (b) of section 1702 of title 41, United States Code,
held by the Secretary acting through the Under Secretary for
Management to--
``(A) ensure compliance with Federal law, the
Federal Acquisition Regulation, and Department
acquisition management directives;
``(B) review (including approving, pausing,
modifying, or canceling) an acquisition program
throughout the life cycle of such program;
``(C) ensure that acquisition program managers have
the resources necessary to successfully execute an
approved acquisition program;
``(D) ensure appropriate acquisition program
management of cost, schedule, risk, and system or
service performance of the acquisition program at
issue, including assessing acquisition program baseline
breaches and directing any corrective action for such
breaches;
``(E) ensure that acquisition program managers, on
an ongoing basis, monitor cost, schedule, and
performance against established baselines and use tools
to assess risks to an acquisition program at all phases
of the life-cycle of such program; and
``(F) establish policies and procedures for major
acquisition programs of the Department.
``(3) Acquisition decision event.--The term `acquisition
decision event', with respect to an acquisition program, means
a predetermined point within the acquisition life-cycle at
which the acquisition decision authority determines whether
such acquisition program shall proceed to the next acquisition
phase.
``(4) Acquisition program.--The term `acquisition program'
means the conceptualization, initiation, design, development,
test, contracting, production, deployment, logistics support,
modification, or disposal of systems, supplies, or services
(including construction) to satisfy the Department's needs.
``(5) Acquisition program baseline.--The term `acquisition
program baseline', with respect to an acquisition program,
means the cost, schedule, and performance parameters, expressed
in standard, measurable, quantitative terms, which must be met
to accomplish the goals of such program.
``(6) Best practices.--The term `best practices', with
respect to acquisition, means a knowledge-based approach to
capability development, procurement, and support that includes
the following:
``(A) Identifying and validating needs.
``(B) Assessing alternatives to select the most
appropriate solution.
``(C) Establishing well-defined requirements.
``(D) Developing realistic cost assessments and
schedules that account for the entire life-cycle of an
acquisition.
``(E) Demonstrating technology, design, and
manufacturing maturity before initiating production.
``(F) Using milestones and exit criteria or
specific accomplishments that demonstrate the
attainment of knowledge to support progress throughout
the acquisition phases.
``(G) Regularly assessing and managing risks to
achieve requirements and cost and schedule goals.
``(H) To the maximum extent possible, adopting and
executing standardized processes.
``(I) Establishing a workforce that is qualified to
perform necessary acquisition roles.
``(J) Integrating into the Department's mission and
business operations the capabilities described in
subparagraphs (A) through (I).
``(7) Breach.--The term `breach', with respect to a major
acquisition program, means a failure to meet any cost,
schedule, or performance threshold specified in the most
recently approved acquisition program baseline.
``(8) Congressional homeland security committees.--The term
`congressional homeland security committees' means--
``(A) the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
``(B) the Committee on Appropriations of the House
of Representatives and the Committee on Appropriations
of the Senate.
``(9) Component acquisition executive.--The term `Component
Acquisition Executive' means the senior acquisition official
within a component who is designated in writing by the Under
Secretary for Management, in consultation with the component
head, with authority and responsibility for leading a process
and staff to provide acquisition and program management
oversight, policy, and guidance to ensure that statutory,
regulatory, and higher level policy requirements are fulfilled,
including compliance with Federal law, the Federal Acquisition
Regulation, and Department acquisition management directives
established by the Under Secretary.
``(10) Life-cycle cost.--The term `life-cycle cost' means
the total cost to the Government of acquiring, operating,
supporting, and (if applicable) disposing of the items being
acquired.
``(11) Major acquisition program.--The term `major
acquisition program' means a Department capital asset,
services, or hybrid acquisition program that is estimated by
the Secretary to require an eventual total expenditure of at
least $300,000,000 (based on fiscal year 2022 constant dollars)
over its life cycle or a program identified by the Chief
Acquisition Officer as a program of special interest.''.
(2) 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 714 the following
new item:
``Sec. 715. Program Accountability and Risk Management office.''.
(g) Acquisition Documentation.--
(1) In general.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by this
Act, is further amended by adding at the end the following new
section:
``SEC. 837. ACQUISITION DOCUMENTATION.
``For each major acquisition program (as such term is defined in
section 714), the Secretary, acting through the Under Secretary for
Management, shall require the head of each relevant component or office
of the Department to--
``(1) maintain acquisition documentation that is complete,
accurate, timely, and valid, and that includes--
``(A) operational requirements that are validated
consistent with departmental policy;
``(B) a complete life-cycle cost estimate with
supporting documentation;
``(C) verification of such life-cycle cost estimate
against independent cost estimates, and reconciliation
of any differences;
``(D) a cost-benefit analysis with supporting
documentation;
``(E) an integrated master schedule with supporting
documentation;
``(F) plans for conducting systems engineering
reviews and test and evaluation activities throughout
development to support production and deployment
decisions;
``(G) an acquisition plan that outlines the
procurement approach, including planned contracting
vehicles;
``(H) a logistics and support plan for operating
and maintaining deployed capabilities until such
capabilities are disposed of or retired; and
``(I) an acquisition program baseline that is
traceable to the operational requirements of the
program required under subparagraphs (A), (B), and (E);
``(2) prepare cost estimates and schedules for major
acquisition programs pursuant to subparagraphs (B) and (E) of
paragraph (1) in a manner consistent with best practices as
identified by the Comptroller General of the United States; and
``(3) ensure any revisions to the acquisition documentation
maintained pursuant to paragraph (1) are reviewed and approved
in accordance with departmental policy.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by adding
after the item relating to section 836 the following new item:
``Sec. 837. Acquisition documentation.''.
SEC. 6726. DHS ACQUISITION REVIEW BOARD.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the
end the following new section:
``SEC. 838. ACQUISITION REVIEW BOARD.
``(a) In General.--There is established in the Department an
Acquisition Review Board (in this section referred to as the `Board')
to support the Under Secretary for Management in managing the
Department's acquisitions.
``(b) Composition.--
``(1) Chair.--The Under Secretary for Management shall
serve as chair of the Board.
``(2) Oversight.--The Under Secretary for Management may
designate an employee of the Department to oversee the
operations of the Board.
``(3) Participation.-- The Under Secretary for Management
shall ensure participation by other relevant Department
officials with responsibilities related to acquisitions as
permanent members of the Board, including the following:
``(A) The Chair of the Joint Requirements Council.
``(B) The Chief Financial Officer.
``(C) The Chief Human Capital Officer.
``(D) The Chief Information Officer.
``(E) The Chief Procurement Officer.
``(F) The Chief Readiness Support Officer.
``(G) The Chief Security Officer.
``(H) The Director of the Office of Test and
Evaluation.
``(I) Other relevant senior Department officials,
as designated by the Under Secretary for Management.
``(c) Meetings.--The Board shall meet regularly for purposes of
evaluating the progress and status of an acquisition program. The Board
shall convene at the Under Secretary for Management's discretion, and
at such time as--
``(1) a new acquisition program is initiated;
``(2) a major acquisition program--
``(A) requires authorization to proceed from one
acquisition decision event to another throughout the
acquisition life-cycle;
``(B) is in breach of its approved acquisition
program baseline; or
``(C) requires additional review, as determined by
the Under Secretary for Management; or
``(3) a non-major acquisition program requires review, as
determined by the Under Secretary for Management.
``(d) Responsibilities.--The responsibilities of the Board are as
follows:
``(1) Determine the appropriate acquisition level and
acquisition decision authority for new acquisition programs
based on the estimated eventual total expenditure of each such
program to satisfy the mission need of the Department over the
life-cycle of such acquisition regardless of funding source.
``(2) Determine whether a proposed acquisition has met the
requirements of key phases of the acquisition life-cycle
framework and is able to proceed to the next phase and eventual
full production and deployment.
``(3) Oversee whether a proposed acquisition's business
strategy, resources, management, and accountability is
executable and is aligned with the mission and strategic goals
of the Department.
``(4) Support the person with acquisition decision
authority for an acquisition in determining the appropriate
direction for such acquisition at key acquisition decision
events.
``(5) Conduct systematic reviews of acquisitions to ensure
that such acquisitions are progressing in accordance with best
practices and in compliance with the most recently approved
documents for such acquisitions' current acquisition phases.
``(6) Review the acquisition documents of each major
acquisition program, including the acquisition program baseline
and documentation reflecting consideration of tradeoffs among
cost, schedule, and performance objectives, to ensure the
reliability of underlying data.
``(7) Ensure that practices are adopted and implemented to
require consideration of trade-offs among cost, schedule, and
performance objectives as part of the process for developing
requirements for major acquisition programs prior to the
initiation of the second acquisition decision event, including,
at a minimum, the following practices:
``(A) Department officials responsible for
acquisition, budget, and cost estimating functions are
provided with the appropriate opportunity to develop
estimates and raise cost and schedule concerns before
performance objectives are established for capabilities
when feasible.
``(B) Full consideration is given to possible
trade-offs among cost, schedule, and performance
objectives for each alternative.
``(e) Documentation.--
``(1) In general.--The chair of the Board shall ensure that
all actions and decisions made pursuant to the responsibilities
of the Board under subsection (d) are documented in an
acquisition decision memorandum that includes--
``(A) a summary of the action at issue or purpose
for convening a meeting under subsection (c);
``(B) the decision with respect to actions
discussed during such meeting;
``(C) the rationale for such a decision, including
justifications for any such decision made to allow
acquisition programs to deviate from the acquisition
management policy of the Department;
``(D) any assigned items for further action; and
``(E) the signature of the chair verifying the
contents of such memorandum.
``(2) Submission of memorandum.--Not later than seven days
after the date on which the acquisition decision memorandum is
signed by the chair pursuant to paragraph (1)(E), the chair
shall submit to the Secretary, the Committee on Homeland
Security of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate a copy
of such memorandum.
``(f) Definitions.--In this section:
``(1) Acquisition.--The term `acquisition' has the meaning
given such term in section 131 of title 41, United States Code.
``(2) Acquisition decision authority.--The term
`acquisition decision authority' means the authority, held by
the Secretary to--
``(A) ensure acquisition programs are in compliance
with Federal law, the Federal Acquisition Regulation,
and Department acquisition management directives;
``(B) review (including approving, pausing,
modifying, or cancelling) an acquisition program
through the life-cycle of such program;
``(C) ensure that acquisition program managers have
the resources necessary to successfully execute an
approved acquisition program;
``(D) ensure appropriate acquisition program
management of cost, schedule, risk, and system
performance of the acquisition program at issue,
including assessing acquisition program baseline
breaches and directing any corrective action for such
breaches; and
``(E) ensure that acquisition program managers, on
an ongoing basis, monitor cost, schedule, and
performance against established baselines and use tools
to assess risks to an acquisition program at all phases
of the life-cycle of such program to avoid and mitigate
acquisition program baseline breaches.
``(3) Acquisition decision event.--The term `acquisition
decision event', with respect to an acquisition program, means
a predetermined point within each of the acquisition phases at
which the acquisition decision authority determines whether
such acquisition program shall proceed to the next acquisition
phase.
``(4) Acquisition decision memorandum.--The term
`acquisition decision memorandum' means the official documented
record of decisions, including the rationale for such decisions
and any assigned actions, for the acquisition at issue, as
determined by the person exercising acquisition decision
authority for such acquisition.
``(5) Acquisition program baseline.--The term `acquisition
program baseline', with respect to an acquisition program,
means a summary of the cost, schedule, and performance
parameters, expressed in standard, measurable, quantitative
terms, which must be satisfied to accomplish the goals of such
program.
``(6) Best practices.--The term `best practices', with
respect to acquisition, means a knowledge-based approach to
capability development that includes--
``(A) identifying and validating needs;
``(B) assessing alternatives to select the most
appropriate solution;
``(C) clearly establishing well-defined
requirements;
``(D) developing realistic cost estimates and
schedules that account for the entire life-cycle of
such an acquisition;
``(E) securing stable funding that matches
resources to requirements before initiating such
development;
``(F) demonstrating technology, design, and
manufacturing maturity before initiating production of
the item that is the subject of such acquisition;
``(G) using milestones and exit criteria or
specific accomplishments that demonstrate the
attainment of knowledge to support progress;
``(H) regularly assessing and managing risks to
achieving requirements and cost and schedule goals;
``(I) adopting and executing standardized processes
with known success across programs;
``(J) establishing an adequate workforce that is
qualified and sufficient to perform necessary
functions; and
``(K) integrating the capabilities described in
subparagraphs (A) through (J).
``(7) Major acquisition program.--The term `major
acquisition program' means--
``(A) a Department capital asset, service, or
hybrid acquisition program that is estimated by the
Secretary to require an eventual total expenditure of
at least $300 million (based on fiscal year 2022
constant dollars) over its life-cycle cost; or
``(B) a program identified by the Under Secretary
for Management as a program of special interest.
``(8) Non-major acquisition program.--The term `non-major
acquisition program' means a Department capital asset, service,
or hybrid acquisition program that is estimated by the
Secretary to require an eventual total expenditure of less than
$300,000,000 (based on fiscal year 2022 constant dollars) over
its life-cycle.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 837 the following new
item:
``Sec. 838. Acquisition Review Board.''.
SEC. 6727. DHS CONTRACT REPORTING.
(a) Daily Public Report of Covered Contract Awards.--
(1) 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. Each reported covered contract award
shall include information relating to--
(A) the contract number, modification number, or
delivery order number;
(B) the contract type;
(C) the amount obligated for such award;
(D) the total contract value for such award,
including all options;
(E) the description of the purpose for such award;
(F) the number of proposals or bids received;
(G) the name and address of the vendor, and whether
such vendor is considered a small business;
(H) the period and each place of performance for
such award;
(I) whether such award is multiyear;
(J) whether such award requires a small business
subcontracting plan; and
(K) the contracting office and the point of contact
for such office.
(2) Update.--Updates referred to in paragraph (1) shall
occur not later than two business days after the date on which
the covered contract is authorized or modified.
(3) Subscribing to alerts.--The website referred to in
paragraph (1) shall provide the option to subscribe to an
automatic notification of the publication of each report
required under such paragraph.
(4) Effective date.--Paragraph (1) shall take effect on the
date that is 180 days after the date of the enactment of this
section.
(b) Undefinitized Contract Action or Definitized Amount.--If a
covered contract award reported pursuant to subsection (a) includes an
undefinitized contract action, the Secretary shall--
(1) report the estimated total contract value for such
award and the amount obligated upon award; and
(2) once such award is definitized, update the total
contract value and amount obligated.
(c) Exemption.--Each report required under subsection (a) shall not
include covered contract awards relating to classified products,
programs, or services.
(d) Definitions.--In this section:
(1) Covered contract award.--The term ``covered contract
award''--
(A) means a contract action of the Department with
the total authorized dollar amount of $4,000,000 or
greater, 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 such term
is described 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 a covered
contract award.
SEC. 6728. UNMANNED AERIAL SECURITY.
(a) Prohibition on Agency Operation or Procurement.--Except as
provided in subsection (b) and subsection (c)(3), the Secretary of
Homeland Security may not operate, provide financial assistance for, or
enter into or renew a contract for the procurement of--
(1) an unmanned aircraft system (UAS) that--
(A) is manufactured in a covered foreign country or
by a corporation domiciled in a covered foreign
country;
(B) uses flight controllers, radios, data
transmission devices, cameras, or gimbals manufactured
in a covered foreign country or by a corporation
domiciled in a covered foreign country;
(C) uses a ground control system or operating
software developed in a covered foreign country or by a
corporation domiciled in a covered foreign country; or
(D) uses network connectivity or data storage
located in a covered foreign country or administered by
a corporation domiciled in a covered foreign country;
(2) a software operating system associated with a UAS that
uses network connectivity or data storage located in a covered
foreign country or administered by a corporation domiciled in a
covered foreign country; or
(3) a system for the detection or identification of a UAS,
which system is manufactured in a covered foreign country or by
a corporation domiciled in a covered foreign country.
(b) Waiver.--
(1) In general.--The Secretary of Homeland Security is
authorized to waive the prohibition under subsection (a) if the
Secretary certifies in writing to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate that a
UAS, a software operating system associated with a UAS, or a
system for the detection or identification of a UAS referred to
in any of subparagraphs (A) through (C) of such subsection that
is the subject of such a waiver is required--
(A) in the national interest of the United States;
(B) for counter-UAS surrogate research, testing,
development, evaluation, or training; or
(C) for intelligence, electronic warfare, or
information warfare operations, testing, analysis, and
or training.
(2) Notice.--The certification described in paragraph (1)
shall be submitted to the Committees specified in such
paragraph by not later than the date that is 14 days after the
date on which a waiver is issued under such paragraph.
(c) Effective Dates.--
(1) In general.--This Act shall take effect on the date
that is 120 days after the date of the enactment of this Act.
(2) Waiver process.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Homeland
Security shall establish a process by which the head of an
office or component of the Department of Homeland Security may
request a waiver under subsection (b).
(3) Exception.--Notwithstanding the prohibition under
subsection (a), the head of an office or component of the
Department of Homeland Security may continue to operate a UAS,
a software operating system associated with a UAS, or a system
for the detection or identification of a UAS described in any
of subparagraphs (1) through (3) of such subsection that was in
the inventory of such office or component on the day before the
effective date of this Act until--
(A) such time as the Secretary of Homeland Security
has--
(i) granted a waiver relating thereto under
subsection (b); or
(ii) declined to grant such a waiver; or
(B) one year after the date of the enactment of
this Act,
whichever is later.
(d) Drone Origin Security Report to Congress.--Not later than 180
days after the date of the enactment of this Act, 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 terrorism threat assessment and
report that contains information relating to the following:
(1) The extent to which the Department of Homeland Security
has previously analyzed the threat that a UAS, a software
operating system associated with a UAS, or a system for the
detection or identification of a UAS from a covered foreign
country operating in the United States poses, and the results
of such analysis.
(2) The number of UAS, software operating systems
associated with a UAS, or systems for the detection or
identification of a UAS from a covered foreign country in
operation by the Department, including an identification of the
component or office of the Department at issue, as of such
date.
(3) The extent to which information gathered by such a UAS,
a software operating system associated with a UAS, or a system
for the detection or identification of a UAS from a covered
foreign country could be employed to harm the national or
economic security of the United States.
(e) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means a country that--
(A) the intelligence community has identified as a
foreign adversary in its most recent Annual Threat
Assessment; or
(B) the Secretary of Homeland Security, in
coordination with the Director of National
Intelligence, has identified as a foreign adversary
that is not included in such Annual Threat Assessment.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(3) Unmanned aircraft system; uas.--The terms ``unmanned
aircraft system'' and ``UAS'' have the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
Subtitle C--Enhancing DHS Operations
SEC. 6731. 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. 6732. BOMBING PREVENTION.
(a) Office for Bombing Prevention.--
(1) In general.--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 subtitle:
``Subtitle E--Bombing Prevention
``SEC. 2251. OFFICE FOR BOMBING PREVENTION.
``(a) Establishment.--There is established within the Department an
Office for Bombing Prevention (in this section referred to as the
`Office').
``(b) Activities.--The Office shall have the primary responsibility
within the Department for enhancing the ability and coordinating the
efforts of the United States to deter, detect, prevent, protect
against, mitigate, and respond to terrorist explosive threats and
attacks in the United States, including by carrying out the following:
``(1) Advising the Secretary on matters related to
terrorist explosive threats and attacks in the United States.
``(2) Coordinating the efforts of the Department to counter
terrorist explosive threats and attacks in the United States,
including by carrying out the following:
``(A) Developing, in coordination with the Under
Secretary for Strategy, Policy, and Plans, the
Department's strategy against terrorist explosives
threats and attacks, including efforts to support the
security and preparedness of critical infrastructure
and the public sector and private sector.
``(B) Leading the prioritization of the
Department's efforts against terrorist explosive
threats and attacks, including preparedness and
operational requirements.
``(C) Ensuring, in coordination with the Under
Secretary for Science and Technology and the
Administrator of the Federal Emergency Management
Agency, the identification, evaluation, and
availability of effective technology applications
through field pilot testing and acquisition of such
technology applications by the public sector to deter,
detect, prevent, protect against, mitigate, and respond
to terrorist explosive threats and attacks in the
United States.
``(D) Providing advice and recommendations to the
Administrator of the Federal Emergency Management
Agency regarding the effective use of grants authorized
under section 2002.
``(E) In coordination with the Assistant Secretary
for Countering Weapons of Mass Destruction, aligning
Department efforts related to terrorist explosive
threats and attacks in the United States and weapons of
mass destruction.
``(3) Engaging other Federal departments and agencies,
including Sector Risk Management Agencies, regarding terrorist
explosive threats and attacks in the United States.
``(4) Facilitating information sharing and decision support
of the public and private sector involved in deterrence,
detection, prevention, protection against, mitigation of, and
response to terrorist explosive threats and attacks in the
United States. Such sharing and support may include the
following:
``(A) Operating and maintaining a secure
information sharing system that allows the sharing of
critical information and data relating to terrorist
explosive attack tactics, techniques, procedures, and
security capabilities, including information and data
described in paragraph (6) and section 2242.
``(B) Working with international partners, in
coordination with the Office for International Affairs
of the Department, to develop and share effective
practices to deter, prevent, detect, protect against,
mitigate, and respond to terrorist explosive threats
and attacks in the United States.
``(5) Promoting security awareness among the public and
private sector and the general public regarding the risks posed
by the misuse of explosive precursor chemicals and other bomb-
making materials.
``(6) Providing training, guidance, assessments, and
planning assistance to the public and private sector, as
appropriate, to help counter the risk of terrorist explosive
threats and attacks in the United States.
``(7) Conducting analysis and planning for the capabilities
and requirements necessary for the public and private sector,
as appropriate, to deter, detect, prevent, protect against,
mitigate, and respond to terrorist explosive threats and
attacks in the United States by carrying out the following:
``(A) Maintaining a database on capabilities and
requirements, including capabilities and requirements
of public safety bomb squads, explosive detection
canine teams, special tactics teams, public safety dive
teams, and recipients of services described in section
2242.
``(B) Applying the analysis derived from the
database described in subparagraph (A) with respect to
the following:
``(i) Evaluating progress toward closing
identified gaps relating to national strategic
goals and standards related to deterring,
detecting, preventing, protecting against,
mitigating, and responding to terrorist
explosive threats and attacks in the United
States.
``(ii) Informing decisions relating to
homeland security policy, assistance, training,
research, development efforts, testing and
evaluation, and related requirements regarding
deterring, detecting, preventing, protecting
against, mitigating, and responding to
terrorist explosive threats and attacks in the
United States.
``(8) Promoting secure information sharing of sensitive
material and promoting security awareness, including by
carrying out the following:
``(A) Operating and maintaining a secure
information sharing system that allows the sharing
among and between the public and private sector of
critical information relating to explosive attack
tactics, techniques, and procedures.
``(B) Educating the public and private sectors
about explosive precursor chemicals.
``(C) Working with international partners, in
coordination with the Office for International Affairs
of the Department, to develop and share effective
practices to deter, detect, prevent, protect against,
mitigate, and respond to terrorist explosive threats
and attacks in the United States.
``(D) Executing national public awareness and
vigilance campaigns relating to terrorist explosive
threats and attacks in the United States, preventing
explosive attacks, and activities and measures underway
to safeguard the United States.
``(E) Working with relevant stakeholder
organizations.
``(9) Providing any other assistance the Secretary
determines necessary.
``SEC. 2252. COUNTERING EXPLOSIVE DEVICES TECHNICAL ASSISTANCE.
``(a) Establishment.--Upon request, the Secretary shall, to the
extent practicable, provide to the public and private sector technical
assistance services to support the security and preparedness of such
sectors, as appropriate, to counter terrorist explosive threats and
attacks that pose a risk in certain jurisdictions, including vulnerable
and disadvantaged communities, to critical infrastructure facilities,
or to special events, as appropriate.
``(b) Elements.--Technical assistance services provided pursuant to
subsection (a) shall--
``(1) support the planning and implementation of effective
measures to deter, detect, prevent, protect against, mitigate,
and respond to terrorist explosive threats and attacks in the
United States, including effective strategic risk management
and emergency operations plans;
``(2) support the security of explosive precursor chemicals
and other bomb-making materials outside of regulatory control;
``(3) support efforts to prepare for and respond to bomb
threats or other acts involving the malicious conveyance of
false information concerning terrorist explosive threats and
attacks in the United States;
``(4) make available resources to enhance deterrence,
prevention, detection, protection, mitigation, and response
capabilities for terrorist explosive threats and attacks in the
United States, including coordination and communication, to
better integrate State, local, Tribal, and territorial and
private sector capabilities and assets, as appropriate, with
Federal operations;
``(5) make available augmenting resources, as appropriate,
to enable State, local, Tribal, and territorial governments to
sustain and refresh their capabilities;
``(6) track performance in meeting the goals and associated
plans of the provision of such technical assistance; and
``(7) include any other assistance the Secretary determines
necessary.
``SEC. 2253. RELATIONSHIP TO OTHER DEPARTMENT COMPONENTS AND FEDERAL
AGENCIES.
``(a) In General.--The authority of the Secretary under this
subtitle shall not affect or diminish the authority or the
responsibility of any officer of any other Federal agency with respect
to the command, control, or direction of the functions, personnel,
funds, assets, or liabilities of any other such Federal agency.
``(b) Department Components.--Nothing in this subtitle or any other
provision of law may be construed to affect or reduce the
responsibilities of--
``(1) the Countering Weapons of Mass Destruction Office or
the Assistant Secretary of the Office, including with respect
to any asset, function, or mission of the Office or the
Assistant Secretary, as the case may be;
``(2) the Federal Emergency Management Agency or the
Administrator of the Agency, including the diversion of any
asset, function, or mission of the Agency or the Administrator
as the case may be; or
``(3) the Transportation Security Administration or the
Administrator of the Administration, including the diversion of
any asset, function, or mission of the Administration or the
Administrator, as the case may be.''.
(2) Strategy and reports.--
(A) Strategy.--Not later than one year after the
date of the enactment of this section, the head of the
Office for Bombing Prevention of the Department of
Homeland Security (established pursuant to section 2241
of the Homeland Security Act of 2002, as added by
paragraph (1)), in consultation with the heads of other
components of the Department and the heads of other
Federal agencies, as appropriate, shall develop a
strategy to align the Office's activities with the
threat environment and stakeholder needs, and make the
public and private sector aware of the Office's
capabilities. Such strategy shall include the following
elements:
(i) Information on terrorist explosive
threats, tactics, and attacks in the United
States.
(ii) Information, by region of the United
States, regarding public and private sector
entities likely to be targeted by terrorist
explosive threats and attacks in the United
States, including historically black colleges
and universities and minority serving
institutions, places of worship, health care
facilities, transportation systems, commercial
facilities, and government facilities.
(iii) Guidance on how outreach to owners
and operators of critical infrastructure (as
such term is defined in section 1016(e) of
Public Law 107-56 (42 U.S.C. 5195c(e))) in a
region should be prioritized.
(iv) A catalogue of the services and
training currently offered by the Office, and a
description of how such services and trainings
assist the public and private sector to deter,
detect, prevent, protect against, mitigate, and
respond to terrorist explosive threats and
attacks in the United States.
(v) Long-term objectives of the Office,
including future service and training
offerings.
(vi) Metrics for measuring the
effectiveness of services and trainings offered
by the Office.
(vii) An assessment of resource
requirements necessary to implement such
strategy.
(viii) A description of how the Office
partners with other components of the
Department and other Federal agencies to carry
out its mission.
(B) Reports.--Not later than one year after the
date of the enactment of this section 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 describing the activities of the Office for
Bombing Prevention of the Department of Homeland
Security (established pursuant to section 2241 of the
Homeland Security Act of 2002, as added by paragraph
(1)). Each such report shall include information on the
following:
(i) Changes to terrorist explosive threats,
tactics, and attacks in the United States.
(ii) Changes to the types of public and
private sector entities likely to be targeted
by terrorist explosive threats and attacks in
the United States.
(iii) The number of trainings, assessments,
and other engagements carried out by the Office
within each region of the United States,
including a description of the critical
infrastructure sector or stakeholder served.
(iv) The number of trainings, assessments,
or other engagements the Office was asked to
conduct but did not, and an explanation
relating thereto.
(v) The effectiveness of the trainings,
assessments, or other engagements provided by
the Office based on the metrics described in
subparagraph (A)(vi).
(vi) Any changes or anticipated changes in
the trainings, assessments, and other
engagements, or any other services, offered by
the Office, and an explanation relating
thereto.
(3) 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 2246 the following
new items:
``Subtitle E--Bombing Prevention
``Sec. 2251. Office for Bombing Prevention.
``Sec. 2252. Countering explosive devices technical assistance.
``Sec. 2253. Relationship to other Department components and Federal
agencies.''.
(b) Explosives Technology Development.--
(1) In general.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is further amended by adding at the
end the following new section:
``SEC. 324. EXPLOSIVES RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, and in coordination with the head
of the Office for Bombing Prevention and the Assistant Secretary for
the Countering Weapons of Mass Destruction Office, and in consultation
with the Attorney General, the Secretary of Defense, and the head of
any other relevant Federal department or agency, including Sector Risk
Management Agencies, shall ensure coordination and information sharing
regarding nonmilitary research, development, testing, and evaluation
activities of the Federal Government relating to the deterrence,
detection, prevention, protection against, mitigation of, and response
to terrorist explosive threats and attacks in the United States.
``(b) Leveraging Military Research.--The Secretary, acting through
the Under Secretary for Science and Technology, and in coordination
with the head of the Office for Bombing Prevention and the Assistant
Secretary for the Countering of Weapons of Mass Destruction Office,
shall consult with the Secretary of Defense and the head of any other
relevant Federal department or agency, including Sector Risk Management
Agencies, to ensure that, to the maximum extent possible, military
policies and procedures, and research, development, testing, and
evaluation activities relating to the deterrence, detection,
prevention, protection against, mitigation of, and response to
terrorist explosive threats and attacks in the United States are
adapted to nonmilitary uses.''.
(2) 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 323 the following
new item:
``Sec. 324. Explosives research and development.''.
SEC. 6733. DHS BASIC TRAINING ACCREDITATION IMPROVEMENT.
(a) Reporting on Basic Training Programs of the Department of
Homeland Security.--
(1) Annual reporting.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act and annually
thereafter, the Secretary of Homeland Security shall
report to the relevant congressional committees on the
accreditation status for each basic training program
within the Department of Homeland Security, including
information relating to the following:
(i) The date on which each such program
achieved initial accreditation, or in the case
of a program that is not currently accredited,
the reasons for not obtaining or maintaining
accreditation, the activities, if any, taken to
achieve accreditation, and an anticipated
timeline for accreditation of such program.
(ii) The date each such program most
recently received accreditation or
reaccreditation, if applicable.
(iii) Each such program's anticipated
accreditation or next reaccreditation date.
(iv) The name of the accreditation manager
for each such program.
(B) Termination of reporting requirement.--Annual
reports under subparagraph (A) shall terminate when all
basic training programs of the Department of Homeland
Security are accredited.
(2) Lapse in accreditation.--
(A) In general.--If a basic training program of the
Department of Homeland Security loses accreditation,
the head of the relevant component of the Department
shall notify the Secretary of Homeland Security not
later than 30 days after such loss.
(B) Notice to congress.--Not later than 30 days
after receiving a notification pursuant to subparagraph
(A), the Secretary of Homeland Security shall notify
the relevant congressional committees of the lapse in
accreditation at issue, the reason for such lapse, and
the activities underway and planned to regain
accreditation.
(3) Definitions.--In this section:
(A) Accreditation.--The term ``accreditation''
means the recognition by a board that a basic training
program is administered, developed, and delivered
according to an applicable set of standards.
(B) Accreditation manager.--The term
``accreditation manager'' means the individual assigned
by the component of the Department of Homeland Security
to manage accreditation activities for a basic training
program.
(C) Basic training program.--The term ``basic
training program'' means an entry level program of the
Department of Homeland Security that is transitional to
law enforcement service, provides training on critical
competencies and responsibilities, and is typically a
requirement for appointment to a law enforcement
service job or job series.
(D) Reaccreditation.--The term ``reaccreditation''
means the assessment of a basic training program after
initial accreditation to ensure the continued
compliance with an applicable set of standards.
(E) Relevant congressional committees.--The term
``relevant congressional committees'' means the
Committee on Homeland Security and the Committee on the
Judiciary of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
and the Committee of the Judiciary of the Senate.
(b) Research and Development.--The Under Secretary for Science and
Technology of the Department of Homeland Security shall carry out
research and development of systems and technologies to enhance access
to training offered by the Federal Law Enforcement Training Centers to
State, local, Tribal, and territorial law enforcement, with particular
attention to law enforcement in rural and remote communities, for the
purpose of enhancing domestic preparedness for and collective response
to terrorism and other homeland security threats.
SEC. 6734. DEPARTMENT OF HOMELAND SECURITY INSPECTOR GENERAL
TRANSPARENCY.
(a) In General.--Subtitle B of title VIII of the Homeland Security
Act of 2002 is amended by inserting before section 812 the following
new section:
``SEC. 811. OFFICE OF INSPECTOR GENERAL.
``(a) Publication of Reports.--
``(1) In general.--Beginning not later than 30 days after
the date of the enactment of this section, the Inspector
General of the Department shall submit to the appropriate
congressional committees any report finalized on and after such
date that substantiates--
``(A) a violation of paragraph (8) or (9) of
section 2302(b) of title 5, United States Code, section
1034 of title 10, United States Code, or Presidential
Personnel Directive-19; or
``(B) an allegation of misconduct, waste, fraud,
abuse, or violation of policy within the Department
involving a member of the Senior Executive Service or
politically appointed official of the Department.
``(2) Public availability.--
``(A) In general.--Concurrent with the submission
to the appropriate congressional committees of reports
pursuant to paragraph (1), the Inspector General shall,
consistent with privacy, civil rights, and civil
liberties protections, publish on a publicly available
website of the Inspector General each such report.
``(B) Exception.--The requirement pursuant to
subparagraph (A) to publish reports does not apply if
section (5)(e)(1) of the Inspector General Act of 1978
applies to any such report.
``(3) Requirement.--
``(A) In general.--The Inspector General of the
Department may not redact any portion of a report
submitted pursuant to paragraph (1).
``(B) Exception.--The requirement under
subparagraph (A) shall not apply with respect to the
name or any other identifying information, including
any contextual details not relevant to the audit,
inspection, or evaluation at issue that may be used by
other employees or officers of the Department to
determine the identity of a whistleblower complainant,
of a whistleblower complainant who does not consent to
the inclusion of such in a report of the Inspector
General.
``(b) Semiannual Reporting.--Beginning with the first semiannual
report transmitted to the appropriate committees or subcommittees of
the Congress pursuant to section 5(b) of the Inspector General Act of
1978 that is transmitted after the date of the enactment of this
section, each such report shall be accompanied by a list of ongoing
audits, inspections, and evaluations of the Department, together with a
narrative description relating to each such audit, inspection, or
evaluation that identifies the scope of such audit, inspection, or
evaluation, as the case may be, as well as the subject office,
component, or directorate of the Department. For each such ongoing
audit, inspection, or evaluation such narrative description shall
include the following:
``(1) Information relating to the source of each such
audit, inspection, or evaluation.
``(2) Information regarding whether each such audit,
inspection, or evaluation is being conducted independently,
jointly, concurrently, or in some other manner.
``(3) In the event each such audit, inspection, or
evaluation was initiated due to a referral, the date on which
the Inspector General notified the originator of a referral of
the Inspector General's intention to carry out such audit,
inspection, or evaluation.
``(4) Information relating to the dates on which--
``(A) each such audit, inspection, or evaluation
was initiated;
``(B) a draft report relating to each such audit,
inspection, or evaluation is scheduled to be submitted
to the Secretary for review; and
``(C) a final report relating to each such audit,
inspection, or evaluation is scheduled to be submitted
to the appropriate congressional committees and
published on the website of the Inspector General in
accordance with paragraphs (1) and (2), respectively,
of subsection (a).
``(5) An explanation for--
``(A) any significant changes to the narrative
description of each such audit, inspection, or
evaluation, including the identification of the subject
office, component, or directorate of the Department; or
``(B) a delay of more than 30 days in the scheduled
date for submitting to the Secretary a draft report for
review or publishing on the website of the Inspector
General of the Department the final report relating to
each such audit, inspection, or evaluation.
``(6) Data regarding tips and complaints made to the
Inspector General Hotline of the Department or otherwise
referred to the Department, including--
``(A) the number and type of tips and complaints
regarding fraud, waste, abuse, corruption, financial
crimes, civil rights and civil liberty abuse, or other
complaints regarding criminal or non-criminal activity
associated with fraud, waste, or abuse;
``(B) actions taken by the Department to address or
resolve each substantiated tip or complaint;
``(C) the total amount of time it took the
Department to so address or resolve each such
substantiated tip or complaint;
``(D) the total number of tips and complaints that
are substantiated compared with the number of tips and
complaints that are unsubstantiated; and
``(E) the percentage of audits, inspections, and
evaluations that are initiated as a result of tips and
complaints made to the Inspector General Hotline.
``(c) Notification to Congress.--The Inspector General of the
Department shall notify the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate if the head of an office or
component of the Department does not provide in a timely manner to the
Inspector General information or assistance that is requested by the
Inspector General to conduct an audit, inspection, or evaluation.
``(d) Definition.--In this section, the term `appropriate
congressional committees' means the Committee on Homeland Security of
the House of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and any committee of the House of
Representatives or the Senate, respectively, having legislative or
oversight jurisdiction under the Rules of the House of Representatives
or the Senate, respectively, over the matter concerned.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by amending the item
relating to section 811 to read as follows:
``Sec. 811. Office of Inspector General.''.
(c) Reports.--
(1) Inspector general of dhs.--Not later than one year
after the date of the enactment of this Act, the Inspector
General of the Department of Homeland Security shall submit to
the Committee on Homeland Security of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Comptroller General
of the United States a report on the policies, procedures, and
internal controls established that ensure compliance with the
Quality Standards for Federal Offices of Inspector General from
the Council of Inspectors General on Integrity and Efficiency.
(2) Comptroller general.--Not later than one year after
receipt of the report required under paragraph (1), the
Comptroller General of the United States 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 an evaluation of such report.
SEC. 6735. 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) Competition Design.--
(1) In general.--Notwithstanding section 1342 of title 31,
United States Code, the Director, in carrying out the
competition, may consult with, and consider advice from, any
person who has experience or expertise in the development,
design, or execution of cybersecurity competitions.
(2) Limitation.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to consultations pursuant to this
section.
(3) Prohibition.--A person with whom the Director consults
under paragraph (1) may not--
(A) receive pay by reason of being so consulted; or
(B) be considered an employee of the Federal
Government by reason of so consulting.
(c) 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.
(d) 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.
(e) 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.
(f) Use of Funds.--
(1) In general.--Notwithstanding any other provision of
law, the Director may use amounts made available to the
Director for the competition 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) Monetary and nonmonetary awards for competition
participants, including members of the uniformed
services.
(E) Necessary expenses for the honorary recognition
of competition participants, including members of the
uniformed services.
(F) Any other appropriate activity necessary to
carry out the competition, as determined by the
Director.
(2) Application.--This subsection shall apply to amounts
appropriated on or after the date of the enactment of this Act.
(g) Prize Limitation.--The Director may make one or more awards per
competition, except that the amount or value of each shall not exceed
$10,000. The Secretary of Homeland Security may make one or more awards
per competition, except the amount or the value of each shall not to
exceed $25,000. A monetary award under this section shall be in
addition to the regular pay of the recipient.
(h) 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:
(1) A description of available funds under subsection (f)
for each competition conducted in the preceding year.
(2) A description of expenditures authorized in subsection
(g) for each competition.
(3) Information relating to the participation of each
competition.
(4) Information relating to lessons learned from each
competition 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. 6736. 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; and
``(C) as appropriate, consultation with private
sector entities with relevant expertise, such as
vendors of industrial control systems technologies.
``(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 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) Information on the number and demographics of
participants in such courses, including by gender,
race, and place of residence.
``(D) Information on the participation in such
courses of workers from each critical infrastructure
sector.
``(E) 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.
``(F) Recommendations on 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. 6737. 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'' means an
Indian Tribe, as such term is defined 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. 6738. BEST PRACTICES RELATED TO CERTAIN INFORMATION COLLECTED BY
RENTAL COMPANIES AND DEALERS (DARREN DRAKE).
(a) Development and Dissemination.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall develop and disseminate best practices for rental
companies and dealers to report suspicious behavior to law
enforcement agencies at the point of sale of a covered rental
vehicle.
(2) Consultation; updates.--The Secretary shall develop
and, as necessary, update the best practices described in
paragraph (1) after consultation with Federal, State, local,
and Tribal law enforcement agencies and relevant transportation
security stakeholders.
(3) Guidance on suspicious behavior.--The Secretary shall
include, in the best practices developed under paragraph (1),
guidance on defining and identifying suspicious behavior in a
manner that protects civil rights and civil liberties.
(b) Report to Congress.--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 implementation of this section,
including an assessment of--
(1) the impact of the best practices described in
subsection (a) on efforts to protect the United States against
terrorist attacks; and
(2) ways to improve and expand cooperation and engagement
between--
(A) the Department of Homeland Security;
(B) Federal, State, local, and Tribal law
enforcement agencies; and
(C) rental companies, dealers, and other relevant
rental industry stakeholders.
(c) Definitions.--In this section:
(1) The terms ``dealer'' and ``rental company'' have the
meanings given those terms in section 30102 of title 49, United
States Code.
(2) The term ``covered rental vehicle'' means a motor
vehicle that--
(A) is rented without a driver for an initial term
of less than 4 months; and
(B) is part of a motor vehicle fleet of 35 or more
motor vehicles that are used for rental purposes by a
rental company.
SEC. 6739. 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 of the House
of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate.
(3) TSA.--The term ``TSA'' means the Transportation
Security Administration of the Department of Homeland Security.
(b) Establishment.--Notwithstanding 44901(a) of title 49, United
States Code, the Administrator, in coordination with the Commissioner
of U.S. Customs and Border Protection, may establish 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--
(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);
and
(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.--An aviation security
screening agreement described in this subsection is a treaty, executive
agreement, or other international arrangement that--
(1)(A) in the case of a treaty or executive agreement, is
signed by the President; and
(B) in the case of an international agreement, is signed by
only the President, Secretary of Homeland Security, or
Administrator, without delegating such authority; and
(2) is 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.
(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 that 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, Secretary
of Homeland Security, or Administrator, as appropriate, shall
suspend or terminate the aviation security screening agreement
with such country, as determined appropriate by the President,
Secretary of Homeland Security, or 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 shall submit to the appropriate
congressional committees--
(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; and
(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 shall submit to the appropriate
congressional committees--
(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; and
(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 a report to the
appropriate congressional committees regarding the implementation of
the pilot program authorized under this section, including information
relating to--
(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; and
(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. 6740. 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. 6741. PREVENT EXPOSURE TO NARCOTICS AND TOXICS.
(a) 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.--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
secondary exposure to fentanyl and other potentially
lethal substances.''.
(b) Availability of Containment Devices.--Section 416(c) of the
Homeland Security Act of 2002 (6 U.S.C. 216(c)) is amended--
(1) by striking ``and'' after ``equipment'' and inserting a
comma; and
(2) by inserting ``and containment devices'' after
``naloxone,''.
Subtitle D--Technical, Conforming, and Clerical Amendments
SEC. 6751. 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.''.
TITLE LXVIII--FEDERAL EMERGENCY MANAGEMENT ADVANCEMENT OF EQUITY
SEC. 6801. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Agency.--The term ``Agency'' means the Federal
Emergency Management Agency.
(3) Emergency.--The term ``emergency'' means an emergency
declared by the President under section 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5191).
(4) Equity.--The term ``equity'' means the guarantee of
fair treatment, advancement, equal opportunity, and access for
underserved communities and others, the elimination of barriers
that have prevented full participation for underserved
communities, and the reduction of disparate outcomes.
(5) Equitable.--The term ``equitable'' means having or
exhibiting equity.
(6) Federal assistance.--The term ``Federal assistance''
means assistance provided pursuant to--
(A) a declaration of a major disaster or emergency
under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act;
(B) sections 203 and 205 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act; and
(C) section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c).
(7) Major disaster.--The term ``major disaster'' means 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).
(8) Underserved community.--The term ``underserved
community'' means--
(A) the Native-American and Alaskan-Native
community;
(B) the African-American community;
(C) the Asian community;
(D) the Hispanic community (including individuals
of Mexican, Puerto Rican, Cuban, and Central or South
American origin);
(E) the Pacific Islander community;
(F) the Middle Eastern and North African community;
(G) a rural community;
(H) a low-income community;
(I) individuals with disabilities;
(J) a limited English proficiency community;
(K) other individuals or communities otherwise
adversely affected by persistent poverty or inequality;
and
(L) any other disadvantaged community, as
determined by the Administrator.
Subtitle A--Ensuring Equity in Federal Disaster Management
SEC. 6811. DATA COLLECTION, ANALYSIS, AND CRITERIA.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator shall, in consultation with
the Secretary of Housing and Urban Development and the Administrator of
the Small Business Administration, develop and implement a process to
ensure equity in the provision of Federal assistance and throughout all
programs and policies of the Agency.
(b) Specific Areas for Consultation.--In carrying out subsection
(a), the Administrator shall identify requirements for ensuring the
quality, consistency, accessibility, and availability of information
needed to identify programs and policies of the Agency that may not
support the provision of equitable Federal assistance, including--
(1) information requirements;
(2) data sources and collection methods; and
(3) strategies for overcoming data or other information
challenges.
(c) Modification of Data Collection Systems.--The Administrator
shall modify the data collection systems of the Agency based on the
process developed under subsection (a) to ensure the quality,
consistency, accessibility, and availability of information needed to
identify any programs and policies of the Agency that may not support
the provision of equitable Federal assistance.
SEC. 6812. CRITERIA FOR ENSURING EQUITY IN POLICIES AND PROGRAMS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator shall develop, disseminate,
and update, as appropriate, criteria to apply to policies and programs
of the Agency to ensure equity in the provision of Federal assistance
and throughout all programs and policies of the Agency.
(b) Consultation.--In developing and disseminating the criteria
required under subsection (a), the Administrator shall consult with--
(1) the Office for Civil Rights and Civil Liberties of the
Department of Homeland Security;
(2) the United States Department of Housing and Urban
Development; and
(3) the Small Business Administration.
(c) Integration of Criteria.--
(1) In general.--The Administrator shall, to the maximum
extent possible, integrate the criteria developed under
subsection (a) into existing and future processes related to
the provision of Federal assistance.
(2) Priority.--The Administrator shall prioritize
integrating the criteria under paragraph (1) into processes
related to the provision of--
(A) assistance under sections 402, 403, 406, 407,
428, and 502 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170a et seq.);
(B) Federal assistance to individuals and
households under section 408 of such Act (42 U.S.C.
5174);
(C) hazard mitigation assistance under section 404
of such Act (42 U.S.C. 5170c); and
(D) predisaster hazard mitigation assistance under
section 203 of such Act (42 U.S.C. 5133).
SEC. 6813. METRICS; REPORT.
(a) Metrics.--In carrying out this subtitle, the Administrator
shall--
(1) establish metrics to measure the efficacy of the
process developed under section 6811 and the criteria developed
under section 6812; and
(2) seek input from relevant representatives of State,
regional, local, territorial, and Tribal governments,
representatives of community-based organizations, subject
matter experts, and individuals from underserved communities
impacted by disasters.
(b) Report.--Not later than one year after the dissemination of the
criteria under section 6812(a), and annually thereafter, the
Administrator shall submit to Congress a report describing how the
criteria and processes developed under this subtitle have impacted
efforts to ensure equity in the provision of Federal assistance and
throughout all programs and policies of the Agency, including--
(1) any obstacles identified or areas for improvement with
respect to implementation of such criteria and processes,
including any recommended legislative changes;
(2) the effectiveness of such criteria and processes, as
measured by the metrics established under subsection (a); and
(3) any impacts of such criteria and processes on the
provision of Federal assistance, with specific attention to
impacts related to efforts within the Agency to address
barriers to access and reducing disparate outcomes.
Subtitle B--Operational Enhancement to Improve Equity in Federal
Disaster Management
SEC. 6821. EQUITY ADVISOR.
(a) In General.--The Administrator shall designate a senior
official within the Agency as an equity advisor to the Administrator to
be responsible for advising the Administrator on Agency efforts to
ensure equity in the provision of Federal assistance and throughout all
programs and policies of the Agency.
(b) Qualifications.--In designating an equity advisor under
subsection (a), the Administrator shall select an individual who is a
qualified expert with significant experience with respect to equity
policy, civil rights policy, or programmatic reforms.
(c) Duties.--In addition to advising the Administrator, the equity
advisor designated under subsection (a) shall--
(1) participate in the implementation of sections 6811 and
6812;
(2) monitor equity the implementation of equity efforts
within the Agency and within Federal Emergency Management
Agency Regions to ensure consistency in the implementation of
policy or programmatic changes intended to ensure equity in the
provision of Federal assistance and throughout all programs and
policies of the Agency;
(3) identify ways to improve the policies and programs of
the Agency to ensure that such policies and programs are
equitable, including enhancing opportunities to support
underserved populations in preparedness, mitigation,
protection, response, and recovery; and
(4) any other activities the Administrator considers
appropriate.
(d) Consultation.--In carrying out the duties under this section,
the equity advisor shall, on an ongoing basis, consult with
representatives of underserved communities, including communities
directly impacted by disasters, to evaluate opportunities and develop
approaches to advancing equity within the Agency, including by
increasing coordination, communication, and engagement with--
(1) community-based organizations;
(2) civil rights organizations;
(3) institutions of higher education;
(4) research institutions;
(5) academic organizations specializing in diversity,
equity, and inclusion issues; and
(6) religious and faith-based organizations.
SEC. 6822. EQUITY ENTERPRISE STEERING GROUP.
(a) Establishment.--There is established in the Agency a steering
group to advise the Administrator on how to ensure equity in the
provision of Federal assistance and throughout all programs and
policies of the Agency.
(b) Responsibilities.--In carrying out subsection (a), the steering
group established under this section shall--
(1) review and, as appropriate, recommend changes to
Agency-wide policies, procedures, plans, and guidance;
(2) support the development and implementation of the
processes and criteria developed under subtitle A; and
(3) monitor the integration and establishment of metrics
developed under section 6813.
(c) Composition.--The Administrator shall appoint the following
individuals as members of the steering group established under
subsection (a):
(1) Representatives from each of the following offices of
the Agency:
(A) The Office of Equal Rights.
(B) The Office of Response and Recovery.
(C) FEMA Resilience.
(D) The Office of Disability Integration and
Coordination.
(E) The United States Fire Administration.
(F) The mission support office of the Agency.
(G) The Office of Chief Counsel.
(H) The Office of the Chief Financial Officer.
(I) The Office of Policy and Program Analysis.
(J) The Office of External Affairs.
(2) The administrator of each Regional Office, or his or
her designee.
(3) The equity advisor, as designated by the Administrator
under section 6821.
(4) A representative from the Office for Civil Rights and
Civil Liberties of the Department of Homeland Security.
(5) The Superintendent of the Emergency Management
Institute.
(6) The National Tribal Affairs Advisor of the Federal
Emergency Management Agency.
(7) Any other official of the Agency the Administrator
determines appropriate.
(d) Leadership.--The Administrator shall designate one or more
members of the steering group established under subsection (a) to serve
as chair of the steering group.
SEC. 6823. GAO REVIEW OF EQUITY REFORMS.
Not later than three years after the date of enactment of this Act,
the Comptroller General of the United States shall issue a report to
evaluate the implementation of this subtitle and subtitle A.
Subtitle C--GAO Review of Factors to Determine Assistance
SEC. 6831. GAO REVIEW OF FACTORS TO DETERMINE ASSISTANCE.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Comptroller General of the United States
shall issue a report describing the factors the Agency considers when
evaluating a request from a Governor to declare that a major disaster
or emergency exists and to authorize assistance under sections 402,
403, 406, 407, 408, 428, and 502 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170a et seq.).
(b) Contents.--The report issued under subsection (a) shall
include--
(1) an assessment of--
(A) the degree to which the factors the Agency
considers when evaluating a request for a major
disaster or emergency declaration--
(i) affect equity for underserved
communities, particularly with respect to major
disaster and emergency declaration requests,
approvals of such requests, and the
authorization of assistance described in
subsection (a); and
(ii) are designed to deliver equitable
outcomes;
(B) how the Agency utilizes such factors or
monitors whether such factors result in equitable
outcomes;
(C) the extent to which major disaster and
emergency declaration requests, approvals of such
requests, and the authorization of assistance described
in subsection (a), are more highly correlated with
high-income counties compared to lower-income counties;
(D) whether the process and administrative steps
for conducting preliminary damage assessments are
equitable; and
(E) to the extent practicable, whether such factors
may deter a Governor from seeking a major disaster or
emergency declaration for potentially eligible
counties; and
(2) a consideration of the extent to which such factors
affect underserved communities--
(A) of varying size;
(B) with varying population density and demographic
characteristics;
(C) with limited emergency management staff and
resources; and
(D) located in urban or rural areas.
(c) Recommendations.--The Comptroller General shall include in the
report issued under subsection (a) any recommendations for changes to
the factors the Agency considers when evaluating a request for a major
disaster or emergency declaration to account for underserved
communities.
TITLE LXIX--GLOBAL HEALTH SECURITY ACT OF 2022
SEC. 6901. SHORT TITLE.
This title may be cited as the ``Global Health Security Act of
2022''.
SEC. 6902. FINDINGS.
Congress finds the following:
(1) In December 2009, President Obama released the National
Strategy for Countering Biological Threats, which listed as one
of seven objectives ``Promote global health security: Increase
the availability of and access to knowledge and products of the
life sciences that can help reduce the impact from outbreaks of
infectious disease whether of natural, accidental, or
deliberate origin''.
(2) In February 2014, the United States and nearly 30 other
nations launched the Global Health Security Agenda (GHSA) to
address several high-priority, global infectious disease
threats. The GHSA is a multi-faceted, multi-country initiative
intended to accelerate partner countries' measurable
capabilities to achieve specific targets to prevent, detect,
and respond to infectious disease threats, whether naturally
occurring, deliberate, or accidental.
(3) In 2015, the United Nations adopted the Sustainable
Development Goals (SDGs), which include specific reference to
the importance of global health security as part of SDG 3
``ensure healthy lives and promote well-being for all at all
ages'' as follows: ``strengthen the capacity of all countries,
in particular developing countries, for early warning, risk
reduction and management of national and global health risks''.
(4) On November 4, 2016, President Obama signed Executive
Order No. 13747, ``Advancing the Global Health Security Agenda
to Achieve a World Safe and Secure from Infectious Disease
Threats''.
(5) In October 2017 at the GHSA Ministerial Meeting in
Uganda, the United States and more than 40 GHSA member
countries supported the ``Kampala Declaration'' to extend the
GHSA for an additional 5 years to 2024.
(6) In December 2017, President Trump released the National
Security Strategy, which includes the priority action: ``Detect
and contain biothreats at their source: We will work with other
countries to detect and mitigate outbreaks early to prevent the
spread of disease. We will encourage other countries to invest
in basic health care systems and to strengthen global health
security across the intersection of human and animal health to
prevent infectious disease outbreaks''.
(7) In September 2018, President Trump released the
National Biodefense Strategy, which includes objectives to
``strengthen global health security capacities to prevent local
bioincidents from becoming epidemics'', and ``strengthen
international preparedness to support international response
and recovery capabilities''.
(8) In January 2021, President Biden issued Executive Order
13987 (86 Fed. Reg. 7019; relating to Organizing and Mobilizing
the United States Government to Provide a Unified and Effective
Response to Combat COVID-19 and to Provide United States
Leadership on Global Health and Security), as well as National
Security Memorandum on United States Global Leadership to
Strengthen the International COVID-19 Response and to Advance
Global Health Security and Biological Preparedness, which
include objectives to strengthen and reform the World Health
Organization, increase United States leadership in the global
response to COVID-19, and to finance and advance global health
security and pandemic preparedness.
SEC. 6903. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) promote and invest in global health security and
pandemic preparedness as a core national security interest;
(2) advance the aims of the Global Health Security Agenda;
(3) collaborate with other countries to detect and mitigate
outbreaks early to prevent the spread of disease;
(4) encourage and support other countries to advance
pandemic preparedness by investing in basic resilient and
sustainable health care systems; and
(5) strengthen global health security across the
intersection of human and animal health to prepare for and
prevent infectious disease outbreaks and combat the growing
threat of antimicrobial resistance.
SEC. 6904. GLOBAL HEALTH SECURITY AGENDA INTERAGENCY REVIEW COUNCIL.
(a) Establishment.--The President shall establish a Global Health
Security Agenda Interagency Review Council (in this section referred to
as the ``Council'') to perform the general responsibilities described
in subsection (c) and the specific roles and responsibilities described
in subsection (e).
(b) Meetings.--The Council shall meet not less than four times per
year to advance its mission and fulfill its responsibilities.
(c) General Responsibilities.--The Council shall be responsible for
the following activities:
(1) Provide policy-level recommendations to participating
agencies on Global Health Security Agenda (GHSA) goals,
objectives, and implementation, and other international efforts
to strengthen pandemic preparedness and response.
(2) Facilitate interagency, multi-sectoral engagement to
carry out GHSA implementation.
(3) Provide a forum for raising and working to resolve
interagency disagreements concerning the GHSA, and other
international efforts to strengthen pandemic preparedness and
response.
(4)(A) Review the progress toward and work to resolve
challenges in achieving United States commitments under the
GHSA, including commitments to assist other countries in
achieving the GHSA targets.
(B) The Council shall consider, among other issues, the
following:
(i) The status of United States financial
commitments to the GHSA in the context of commitments
by other donors, and the contributions of partner
countries to achieve the GHSA targets.
(ii) The progress toward the milestones outlined in
GHSA national plans for those countries where the
United States Government has committed to assist in
implementing the GHSA and in annual work-plans
outlining agency priorities for implementing the GHSA.
(iii) The external evaluations of United States and
partner country capabilities to address infectious
disease threats, including the ability to achieve the
targets outlined within the WHO Joint External
Evaluation tool, as well as gaps identified by such
external evaluations.
(d) Participation.--The Council shall be headed by the Assistant to
the President for National Security Affairs, in coordination with the
heads of relevant Federal agencies. The Council shall consist of
representatives from the following agencies:
(1) The Department of State.
(2) The Department of Defense.
(3) The Department of Justice.
(4) The Department of Agriculture.
(5) The Department of Health and Human Services.
(6) The Department of the Treasury.
(7) The Department of Labor.
(8) The Department of Homeland Security.
(9) The Office of Management and Budget.
(10) The Office of the Director of National Intelligence.
(11) The United States Agency for International
Development.
(12) The Environmental Protection Agency.
(13) The Centers for Disease Control and Prevention.
(14) The Office of Science and Technology Policy.
(15) The National Institutes of Health.
(16) The National Institute of Allergy and Infectious
Diseases.
(17) Such other agencies as the Council determines to be
appropriate.
(e) Specific Roles and Responsibilities.--
(1) In general.--The heads of agencies described in
subsection (d) shall--
(A) make the GHSA and its implementation and global
pandemic preparedness a high priority within their
respective agencies, and include GHSA- and global
pandemic preparedness-related activities within their
respective agencies' strategic planning and budget
processes;
(B) designate a senior-level official to be
responsible for the implementation of this title;
(C) designate, in accordance with subsection (d),
an appropriate representative at the Assistant
Secretary level or higher to participate on the
Council;
(D) keep the Council apprised of GHSA-related
activities undertaken within their respective agencies;
(E) maintain responsibility for agency-related
programmatic functions in coordination with host
governments, country teams, and GHSA in-country teams,
and in conjunction with other relevant agencies;
(F) coordinate with other agencies that are
identified in this section to satisfy programmatic
goals, and further facilitate coordination of country
teams, implementers, and donors in host countries; and
(G) coordinate across national health security
action plans and with GHSA and other partners, as
appropriate, to which the United States is providing
assistance.
(2) Additional roles and responsibilities.--In addition to
the roles and responsibilities described in paragraph (1), the
heads of agencies described in subsection (d) shall carry out
their respective roles and responsibilities described in
subsections (b) through (i) of section 3 of Executive Order
13747 (81 Fed. Reg. 78701; relating to Advancing the Global
Health Security Agenda to Achieve a World Safe and Secure from
Infectious Disease Threats), as in effect on the day before the
date of the enactment of this Act.
SEC. 6905. UNITED STATES COORDINATOR FOR GLOBAL HEALTH SECURITY.
(a) In General.--The President shall appoint an individual to the
position of United States Coordinator for Global Health Security, who
shall be responsible for the coordination of the interagency process
for responding to global health security emergencies. As appropriate,
the designee shall coordinate with the President's Special Coordinator
for International Disaster Assistance.
(b) Congressional Briefing.--Not less frequently than twice each
year, the employee designated under this section shall provide to the
appropriate congressional committees a briefing on the responsibilities
and activities of the individual under this section.
SEC. 6906. SENSE OF CONGRESS.
It is the sense of the Congress that, given the complex and
multisectoral nature of global health threats to the United States, the
President--
(1) should consider appointing an individual with
significant background and expertise in public health or
emergency response management to the position of United States
Coordinator for Global Health Security, as required by section
6905(a), who is an employee of the National Security Council at
the level of Deputy Assistant to the President or higher; and
(2) in providing assistance to implement the strategy
required under section 6907(a), should--
(A) coordinate, through a whole-of-government
approach, the efforts of relevant Federal departments
and agencies to implement the strategy;
(B) seek to fully utilize the unique capabilities
of each relevant Federal department and agency while
collaborating with and leveraging the contributions of
other key stakeholders; and
(C) utilize open and streamlined solicitations to
allow for the participation of a wide range of
implementing partners through the most appropriate
procurement mechanisms, which may include grants,
contracts, cooperative agreements, and other
instruments as necessary and appropriate.
SEC. 6907. STRATEGY AND REPORTS.
(a) Strategy.--The President shall coordinate the development and
implementation of a strategy to implement the policy aims described in
section 6903, which shall--
(1) seek to strengthen United States diplomatic leadership
and improve the effectiveness of United States foreign
assistance for global health security to prevent, detect, and
respond to infectious disease threats, including through
advancement of the Global Health Security Agenda (GHSA), the
International Health Regulations (2005), and other relevant
frameworks that contribute to global health security and
pandemic preparedness;
(2) establish specific and measurable goals, benchmarks,
timetables, performance metrics, and monitoring and evaluation
plans for United States foreign assistance for global health
security that promote learning and reflect international best
practices relating to global health security, transparency, and
accountability;
(3) establish mechanisms to improve coordination and avoid
duplication of effort between the United States Government and
partner countries, donor countries, the private sector,
multilateral organizations, and other key stakeholders;
(4) prioritize working with partner countries with
demonstrated--
(A) need, as identified through the Joint External
Evaluation process, the Global Health Security Index
classification of health systems, national action plans
for health security, GHSA Action Packages, and other
complementary or successor indicators of global health
security and pandemic preparedness; and
(B) 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;
(5) reduce long-term reliance upon United States foreign
assistance for global health security by promoting partner
country ownership, improved domestic resource mobilization, co-
financing, and appropriate national budget allocations for
global health security and pandemic preparedness and response;
(6) assist partner countries in building the technical
capacity of relevant ministries, systems, and networks to
prepare, execute, monitor, and evaluate effective national
action plans for health security, including mechanisms to
enhance budget and global health data transparency, as
necessary and appropriate;
(7) support and be aligned with country-owned global health
security policy and investment plans developed with input from
key stakeholders, as appropriate;
(8) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of a multi-
sectoral approach to global health security;
(9) support the long-term success of programs by building
the capacity of local organizations and institutions in target
countries and communities;
(10) develop community resilience to infectious disease
threats and emergencies;
(11) support global health budget and workforce planning in
partner countries, including training in financial management
and budget and global health data transparency;
(12) align United States foreign assistance for global
health security with national action plans for health security
in partner countries, developed with input from key
stakeholders, including the private sector, to the greatest
extent practicable and appropriate;
(13) 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 supply chains in partner countries
with the capacity, resources, and personnel required to
prevent, detect, and respond to infectious disease threats;
(14) support innovation and public-private partnerships to
improve pandemic preparedness and response, including for the
development and deployment of effective, accessible, and
affordable infectious disease tracking tools, diagnostics,
therapeutics, and vaccines;
(15) support collaboration with and among relevant public
and private research entities engaged in global health
security; and
(16) support collaboration between United States
universities and public and private institutions in partner
countries that promote global health security and innovation.
(b) Strategy Submission.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, in consultation with
the head of each relevant Federal department and agency, shall
submit to the appropriate congressional committees the strategy
required under subsection (a) that provides a detailed
description of how the United States intends to advance the
policy set forth in section 6903 and the agency-specific plans
described in paragraph (2).
(2) Agency-specific plans.--The strategy required under
subsection (a) shall include specific implementation plans from
each relevant Federal department and agency that describe--
(A) the anticipated contributions of the department
or agency, including technical, financial, and in-kind
contributions, to implement the strategy; and
(B) the efforts of the 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.
(c) Report.--
(1) In general.--Not later than 1 year after the date on
which the strategy required under subsection (a) is submitted
to the appropriate congressional committees under subsection
(b), and not later than October 1 of each year thereafter, the
President shall submit to the appropriate congressional
committees a report that describes the status of the
implementation of the strategy.
(2) Contents.--The report required under paragraph (1)
shall--
(A) identify any substantial changes made in the
strategy during the preceding calendar year;
(B) describe the progress made in implementing the
strategy;
(C) identify the indicators used to establish
benchmarks and measure results over time, as well as
the mechanisms for reporting such results in an open
and transparent manner;
(D) contain a transparent, open, and detailed
accounting of expenditures by relevant Federal
departments and agencies to implement the strategy,
including, to the extent practicable, for each Federal
department and agency, the statutory source of
expenditures, amounts expended, partners, targeted
populations, and types of activities supported;
(E) describe how the strategy leverages other
United States global health and development assistance
programs and bilateral and multilateral institutions;
(F) assess efforts to coordinate United States
global health security programs, activities, and
initiatives with key stakeholders;
(G) incorporate a plan for regularly reviewing and
updating strategies, partnerships, and programs and
sharing lessons learned with a wide range of
stakeholders, including key stakeholders, in an open,
transparent manner; and
(H) describe the progress achieved and challenges
concerning the United States Government's ability to
advance GHSA 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 therein.
(d) Form.--The strategy required under subsection (a) and the
report required under subsection (c) shall be submitted in unclassified
form but may contain a classified annex.
SEC. 6908. ESTABLISHMENT OF FUND FOR GLOBAL HEALTH SECURITY AND
PANDEMIC PREPAREDNESS.
(a) Negotiations for Establishment of a Fund for Global Health
Security and Pandemic Preparedness.--The Secretary of State, in
coordination with the Secretary of the Treasury, the Administrator of
the United States Agency for International Development, the Secretary
of Health and Human Services, and the heads of other relevant Federal
departments and agencies as necessary and appropriate, should seek to
enter into negotiations with donors, relevant United Nations agencies,
including the World Health Organization, and other key multilateral
stakeholders, for the establishment of--
(1) a multilateral, catalytic financing mechanism for
global health security and pandemic preparedness, which may be
known as the Fund for Global Health Security and Pandemic
Preparedness (in this title referred to as ``the Fund''), in
accordance with the provisions of this section; and
(2) an Advisory Board to the Fund in accordance with
section 6909.
(b) Purpose.--The purpose of the Fund should be to close critical
gaps in global health security and pandemic preparedness and build
capacity in eligible partner countries in the areas of global health
security, infectious disease control, and pandemic preparedness, such
that it--
(1) prioritizes capacity building and financing
availability in eligible partner countries;
(2) incentivizes countries to prioritize the use of
domestic resources for global health security and pandemic
preparedness;
(3) leverages government, nongovernment, and private sector
investments;
(4) regularly responds to and evaluates progress based on
clear metrics and benchmarks, such as the Joint External
Evaluation and Global Health Security Index;
(5) aligns with and complements 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, and Gavi, the Vaccine
Alliance; and
(6) accelerates country compliance with the International
Health Regulations (2005) and fulfillment of the Global Health
Security Agenda 2024 Framework, in coordination with the
ongoing Joint External Evaluation national action planning
process.
(c) Executive Board.--
(1) In general.--The Fund should be governed by an
Executive Board, which should be composed of not more than 20
representatives of donor governments, foundations, academic
institutions, civil society, and the private sector that meet a
minimum threshold in annual contributions and agree to uphold
transparency measures.
(2) Duties.--The Executive Board should 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. In addition, the Executive Board should--
(A) be comprised only of contributors to the Fund
at not less than the minimum threshold to be
established pursuant to paragraph (1);
(B) determine operational procedures such that the
Fund is able to effectively fulfill its mission; and
(C) provide oversight and accountability for the
Fund in collaboration with the Inspector General to be
established pursuant to section 6910(e)(1)(A).
(3) Composition.--The Executive Board should include--
(A) representatives of the governments of founding
permanent member countries who, in addition to the
requirements in paragraph (1), qualify based upon
meeting an established initial contribution threshold,
which should be not less than 10 percent of total
initial contributions, and a demonstrated commitment to
supporting the International Health Regulations (2005);
(B) term members, who are from academic
institutions, civil society, and the private sector and
are selected by the permanent members on the basis of
their experience and commitment to innovation, best
practices, and the advancement of global health
security objectives; and
(C) representatives of the World Health
Organization, and the chair of the Global Health
Security Steering Group.
(4) Qualifications.--Individuals appointed to the Executive
Board should have demonstrated knowledge and experience across
a variety of sectors, including human and animal health,
agriculture, development, defense, finance, research, and
academia.
(5) Conflicts of interest.--
(A) Technical experts.--The Executive Board may
include independent technical experts, provided they
are not affiliated with or employed by a recipient
country or organization.
(B) Multilateral bodies and institutions.--
Executive Board members appointed under paragraph
(3)(C) should recuse themselves from matters presenting
conflicts of interest, including financing decisions
relating to such bodies and institutions.
(6) United states representation.--
(A) In general.--
(i) Founding permanent member.--The
Secretary of State shall seek to establish the
United States as a founding permanent member of
the Fund.
(ii) United states representation.--The
United States shall be represented on the
Executive Board by an officer or employee of
the United States appointed by the President.
(B) Effective and termination dates.--
(i) Effective date.--This paragraph shall
take effect upon the date the Secretary of
State certifies and transmits to Congress an
agreement establishing the Fund.
(ii) Termination date.--The membership
established pursuant to subparagraph (A) shall
terminate upon the date of termination of the
Fund.
(7) Removal procedures.--The Fund should establish
procedures for the removal of members of the Executive Board
who engage in a consistent pattern of human rights abuses, fail
to uphold global health data transparency requirements, or
otherwise violate the established standards of the Fund,
including in relation to corruption.
(8) Enforceability.--Any agreement concluded under the
authorities provided by this section shall be legally effective
and binding upon the United States, as may be provided in the
agreement, upon--
(A) the enactment of appropriate implementing
legislation which 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,
receiving the necessary consent of the Senate.
(9) Eligible partner country defined.--In this section, the
term ``eligible partner country'' means a country with
demonstrated--
(A) need, as identified through the Joint External
Evaluation process, the Global Health Security Index
classification of health systems, national action plans
for health security, and other complementary or
successor indicators of global health security and
pandemic preparedness; and
(B) 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, and in which the Fund for Global Health
Security and Pandemic Preparedness established under
this section may finance global health security and
pandemic preparedness assistance programs under this
title.
SEC. 6909. FUND AUTHORITIES.
(a) Program Objectives.--
(1) In general.--In carrying out the purpose set forth in
section 6908, the Fund, acting through the Executive Board,
should provide grants, including challenge grants, technical
assistance, concessional lending, catalytic investment funds,
and other innovative funding mechanisms, as appropriate, to--
(A) help eligible partner countries close critical
gaps in health security, as identified through the
Joint External Evaluation process, the Global Health
Security Index classification of health systems, and
national action plans for health security and other
complementary or successor indicators of global health
security and pandemic preparedness; and
(B) support measures that enable such countries, at
both national and sub-national levels, and in
partnership with civil society and the private sector,
to strengthen and sustain resilient health systems and
supply chains with the resources, capacity, and
personnel required to prevent, detect, mitigate, and
respond to infectious disease threats before they
become pandemics.
(2) Activities supported.--The activities to be supported
by the Fund should include efforts to--
(A) enable eligible partner countries to formulate
and implement national health security and pandemic
preparedness action plans, advance action packages
under the Global Health Security Agenda, and adopt and
uphold commitments under the International Health
Regulations (2005) and other related international
health agreements, as appropriate;
(B) support global health security budget planning
in eligible partner countries, including training in
financial management and budget and global health data
transparency;
(C) strengthen the health security workforce,
including hiring, training, and deploying experts to
improve frontline preparedness for emerging epidemic
and pandemic threats;
(D) improve infection control and the protection of
healthcare workers within healthcare settings;
(E) combat the threat of antimicrobial resistance;
(F) strengthen laboratory capacity and promote
biosafety and biosecurity through the provision of
material and technical assistance;
(G) reduce the risk of bioterrorism, zoonotic
disease spillover, and accidental biological release;
(H) build technical capacity to manage global
health security related supply chains, including for
personal protective equipment, oxygen, testing
reagents, and other lifesaving supplies, through
effective forecasting, procurement, warehousing, and
delivery from central warehouses to points of service
in both the public and private sectors;
(I) enable bilateral, regional, and international
partnerships and cooperation, including through
pandemic early warning systems and emergency operations
centers, to identify and address transnational
infectious disease threats exacerbated by natural and
man-made disasters, human displacement, and zoonotic
infection;
(J) establish partnerships for the sharing of best
practices and enabling eligible countries to meet
targets and indicators under the Joint External
Evaluation process, the Global Health Security Index
classification of health systems, and national action
plans for health security relating to the detection,
treatment, and prevention of neglected tropical
diseases;
(K) build the technical capacity of eligible
partner countries to prepare for and respond to second
order development impacts of infectious disease
outbreaks, while accounting for the differentiated
needs and vulnerabilities of marginalized populations;
(L) develop and utilize metrics to monitor and
evaluate programmatic performance and identify best
practices, including in accordance with Joint External
Evaluation benchmarks, Global Health Security Agenda
targets, and Global Health Security Index indicators;
(M) develop and deploy mechanisms to enhance the
transparency and accountability of global health
security and pandemic preparedness programs and data,
in compliance with the International Health Regulations
(2005), including through the sharing of trends, risks,
and lessons learned; and
(N) develop and implement simulation exercises,
produce and release after action reports, and address
related gaps.
(3) Implementation of program objectives.--In carrying out
the objectives of paragraph (1), 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
global health security and pandemic preparedness, including--
(A) governments, civil society, faith-based, and
nongovernmental organizations, research and academic
institutions, and private sector entities in eligible
partner countries;
(B) the pandemic early warning systems and
emergency operations centers to be established under
section 6909;
(C) the World Health Organization;
(D) the Global Health Security Agenda;
(E) the Global Health Security Initiative;
(F) the Global Fund to Fight AIDS, Tuberculosis,
and Malaria;
(G) the United Nations Office for the Coordination
of Humanitarian Affairs, UNICEF, and other relevant
funds, programs, and specialized agencies of the United
Nations;
(H) Gavi, the Vaccine Alliance;
(I) the Coalition for Epidemic Preparedness
Innovations (CEPI);
(J) the Global Polio Eradication Initiative; and
(K) the United States Coordinator for Global Health
Security and Diplomacy established under section 5.
(b) Priority.--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
preparedness identified under Joint External Evaluations and
national action plans for health security;
(3) demonstrated political and financial commitment to
pandemic preparedness; and
(4) demonstrated commitment to upholding global health
budget and data transparency and accountability standards,
complying with the International Health Regulations (2005),
investing in domestic health systems, and achieving measurable
results.
(c) Eligible Grant Recipients.--Governments and nongovernmental
organizations should be eligible to receive grants as described in this
section.
SEC. 6910. FUND ADMINISTRATION.
(a) Appointment of an Administrator.--The Executive Board of the
Fund should appoint an Administrator who should be responsible for
managing the day-to-day operations of the Fund.
(b) Authority to Solicit and Accept Contributions.--The Fund should
be authorized to solicit and accept contributions from governments, the
private sector, foundations, individuals, and nongovernmental entities
of all kinds.
(c) Accountability of Funds and Criteria for Programs.--As part of
the negotiations described in section 6908(a), the Secretary of the
State, shall, consistent with subsection (d)--
(1) take such actions as are 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; and
(2) seek agreement on the criteria that should be used to
determine the programs and activities that should be assisted
by the Fund.
(d) Selection of Partner Countries, Projects, and Recipients.--The
Executive Board should establish--
(1) eligible partner country selection criteria, to include
transparent metrics to measure and assess global health
security and pandemic 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;
(5) such rules and procedures as may be necessary for cost-
effective management of the Fund; and
(6) such rules and procedures as may be necessary to ensure
transparency and accountability in the grant-making process.
(e) Additional Transparency and Accountability Requirements.--
(1) Inspector general.--
(A) In general.--The Secretary of State shall seek
to ensure that the Fund maintains an independent Office
of the Inspector General and ensure that the office has
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.
(B) Sense of congress on corruption.--It is the
sense of Congress that--
(i) corruption within global health
programs contribute directly to the loss of
human life and cannot be tolerated; and
(ii) in making financial recoveries
relating to a corrupt act or criminal conduct
under a grant, as determined by the Inspector
General, the responsible grant recipient should
be assessed at a recovery rate of up to 150
percent of such loss.
(2) Administrative expenses.--The Secretary of State shall
seek to ensure the Fund establishes, maintains, and makes
publicly available a system to track the administrative and
management costs of the Fund on a quarterly basis.
(3) Financial tracking systems.--The Secretary of State
shall ensure that the Fund establishes, maintains, and makes
publicly available a system to track the amount of funds
disbursed to each grant recipient and sub-recipient during a
grant's fiscal cycle.
SEC. 6911. FUND ADVISORY BOARD.
(a) In General.--There should be an Advisory Board to the Fund.
(b) Appointments.--The members of the Advisory Board should be
composed of--
(1) individuals with experience and leadership in the
fields of development, global health, epidemiology, medicine,
biomedical research, and social sciences; and
(2) representatives of relevant United Nations agencies,
including the World Health Organization, and nongovernmental
organizations with on-the-ground experience in implementing
global health programs in low and lower-middle income
countries.
(c) Responsibilities.--The Advisory Board should provide advice and
guidance to the Executive Board of the Fund on the development and
implementation of programs and projects to be assisted by the Fund and
on leveraging donations to the Fund.
(d) Prohibition on Payment of Compensation.--
(1) In general.--Except for travel expenses (including per
diem in lieu of subsistence), no member of the Advisory Board
should receive compensation for services performed as a member
of the Board.
(2) United states representative.--Notwithstanding any
other provision of law (including an international agreement),
a representative of the United States on the Advisory Board may
not accept compensation for services performed as a member of
the Board, except that such representative may accept travel
expenses, including per diem in lieu of subsistence, while away
from the representative's home or regular place of business in
the performance of services for the Board.
(e) Conflicts of Interest.--Members of the Advisory Board should be
required to disclose any potential conflicts of interest prior to
serving on the Advisory Board.
SEC. 6912. REPORTS TO CONGRESS ON THE FUND.
(a) Status Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, and the heads of other relevant Federal departments and
agencies, shall submit to the appropriate congressional committees a
report detailing the progress of international negotiations to
establish the Fund.
(b) Annual Report.--
(1) In general.--Not later than 1 year after the date of
the establishment of the Fund, and annually thereafter for the
duration of the Fund, the Secretary of State, shall submit to
the appropriate congressional committees a report on the Fund.
(2) Report elements.--The report shall include a
description of--
(A) the goals of the Fund;
(B) the programs, projects, and activities
supported by the Fund;
(C) private and governmental contributions to the
Fund; and
(D) the criteria utilized to determine the programs
and activities that should be assisted by the Fund.
(c) GAO Report on Effectiveness.--Not later than 2 years after the
date that the Fund comes into effect, the Comptroller General of the
United States shall submit to the appropriate congressional committees
a report evaluating the effectiveness of the Fund, including--
(1) the effectiveness of the programs, projects, and
activities supported by the Fund; and
(2) an assessment of the merits of continued United States
participation in the Fund.
SEC. 6913. UNITED STATES CONTRIBUTIONS.
(a) In General.--Subject to submission of the certification under
this section, the President is authorized to make available for United
States contributions to the Fund such funds as may be authorized to be
made available for such purpose.
(b) Notification.--The Secretary of State shall notify the
appropriate congressional committees not later than 15 days in advance
of making a contribution to the Fund, including--
(1) the amount of the proposed contribution;
(2) the total of funds contributed by other donors; and
(3) the national interests served by United States
participation in the Fund.
(c) Limitation.--At no point during the five years after enactment
of this Act shall a United States contribution to the Fund cause the
cumulative total of United States contributions to the Fund to exceed
33 percent of the total contributions to the Fund from all sources.
(d) Withholdings.--
(1) Support for acts of international terrorism.--If at any
time 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.
(2) Excessive salaries.--If at any time during the five
years after enactment of this Act, the Secretary of State
determines that the salary of any individual employed by the
Fund exceeds the salary of the Vice President of the United
States for that fiscal year, then the United States should
withhold from its contribution for the next fiscal year an
amount equal to the aggregate amount by which the salary of
each such individual exceeds the salary of the Vice President
of the United States.
(3) 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 Inspector General
of the United States Agency for International Development, 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. 6914. 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 Act of 2022.''.
SEC. 6915. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional Committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Global health security.--The term ``global health
security'' means activities supporting epidemic and pandemic
preparedness and capabilities at the country and global levels
in order to minimize vulnerability to acute public health
events that can endanger the health of populations across
geographical regions and international boundaries.
SEC. 6916. SUNSET.
This title, and the amendments made by this title shall cease to be
effective 5 fiscal years after the enactment of this Act.
TITLE LXX--PROTECTION OF SAUDI DISSIDENTS
SEC. 7001. RESTRICTIONS ON TRANSFERS OF DEFENSE ARTICLES AND SERVICES,
DESIGN AND CONSTRUCTION SERVICES, AND MAJOR DEFENSE
EQUIPMENT TO SAUDI ARABIA.
(a) Initial Period.--During the 120-day period beginning on the
date of the enactment of this Act, the President may not sell,
authorize a license for the export of, or otherwise transfer any
defense articles or defense services, design and construction services,
or major defense equipment under the Arms Export Control Act (22 U.S.C.
2751 et seq.) to an intelligence, internal security, or law enforcement
agency or instrumentality of the Government of Saudi Arabia, or to any
person acting as an agent of or on behalf of such agency or
instrumentality.
(b) Subsequent Periods.--
(1) In general.--During the 120-day period beginning after
the end of the 120-day period described in subsection (a), and
each 120-day period thereafter, the President may not sell,
authorize a license for the export of, or otherwise transfer
any defense articles or services, design and construction
services, or major defense equipment under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), regardless of the amount
of such articles, services, or equipment, to an intelligence,
internal security, or law enforcement agency or instrumentality
of the Government of Saudi Arabia, or to any person acting as
an agent of or on behalf of such agency or instrumentality,
unless the President has submitted to the chairman and ranking
member of the appropriate congressional committees a
certification described in paragraph (2).
(2) Certification.--A certification described in this
paragraph is a certification that contains a determination of
the President that, during the 120-day period preceding the
date of submission of the certification, the United States
Government has not determined that the Government of Saudi
Arabia has conducted any of the following activities:
(A) Forced repatriation, intimidation, or killing
of dissidents in other countries.
(B) The unjust imprisonment in Saudi Arabia of
United States citizens or aliens lawfully admitted for
permanent residence or the prohibition on these
individuals and their family members from exiting Saudi
Arabia.
(C) Torture of detainees in the custody of the
Government of Saudi Arabia.
(c) Exception.--The restrictions in this section shall not apply
with respect to the sale, authorization of a license for export, or
transfer of any defense articles or services, design and construction
services, or major defense equipment under the Arms Export Control Act
(22 U.S.C. 2751 et seq.) for use in--
(1) the defense of the territory of Saudi Arabia from
external threats; or
(2) the defense of United States military or diplomatic
personnel or United States facilities located in Saudi Arabia.
(d) Waiver.--
(1) In general.--The President may waive the restrictions
in this section if the President submits to the appropriate
congressional committees a report not later than 15 days before
the granting of such waiver that contains--
(A) a determination of the President that such a
waiver is in the vital national security interests of
the United States; and
(B) a detailed justification for the use of such
waiver and the reasons why the restrictions in this
section cannot be met.
(2) Form.--The report required by this subsection shall be
submitted in unclassified form but may contain a classified
annex.
(e) Sunset.--This section shall terminate on the date that is 3
years after the date of the enactment of this Act.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on Armed Services
of the House of Representatives; and
(2) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on Armed Services
of the Senate.
SEC. 7002. REPORT ON CONSISTENT PATTERN OF ACTS OF INTIMIDATION OR
HARASSMENT DIRECTED AGAINST INDIVIDUALS IN THE UNITED
STATES.
(a) Findings.--Congress finds the following:
(1) Section 6 of the Arms Export Control Act (22 U.S.C.
2756) states the following: ``No letters of offer may be
issued, no credits or guarantees may be extended, and no export
licenses may be issued under this Act with respect to any
country determined by the President to be engaged in a
consistent pattern of acts of intimidation or harassment
directed against individuals in the United States''.
(2) Section 6 of the Arms Export Control Act further
requires the President to report any such determination
promptly to the Speaker of the House of Representatives, the
Committee on Foreign Affairs of the House of Representatives,
and to the chairman of the Committee on Foreign Relations of
the Senate.
(b) Report on Acts of Intimidation or Harassment Against
Individuals in the United States.--Not later than 60 days after the
date of the enactment of this Act, the President shall submit to the
appropriate congressional committees a report on--
(1) whether any official of the Government of Saudi Arabia
engaged in a consistent pattern of acts of intimidation or
harassment directed against Jamal Khashoggi or any individual
in the United States; and
(2) whether any United States-origin defense articles were
used in the activities described in paragraph (1).
(c) Form.--The report 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 Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 7003. REPORT AND CERTIFICATION WITH RESPECT TO SAUDI DIPLOMATS AND
DIPLOMATIC FACILITIES IN THE UNITED STATES.
(a) Report on Saudi Diplomats and Diplomatic Facilities in United
States.--Not later than 120 days after the date of the enactment of
this Act, the President shall submit to the appropriate congressional
committees a report covering the three-year period preceding such date
of enactment regarding whether and to what extent covered persons used
diplomatic credentials, visas, or covered facilities to facilitate
monitoring, tracking, surveillance, or harassment of, or harm to, other
nationals of Saudi Arabia living in the United States.
(b) Certification.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, and each 120-day period thereafter,
the President shall, if the President determines that such is
the case, submit to the appropriate congressional committees a
certification that the United States Government has not
determined covered persons to be using diplomatic credentials,
visas, or covered facilities to facilitate serious harassment
of, or harm to, other nationals of Saudi Arabia living in the
United States during the time period covered by each such
certification.
(2) Failure to submit certification.--If the President does
not submit a certification under paragraph (1), the President
shall--
(A) close one or more covered facilities for such
period of time until the President does submit such a
certification; and
(B) submit to the appropriate congressional
committee a report that contains--
(i) a detailed explanation of why the
President is unable to make such a
certification;
(ii) a list and summary of engagements of
the United States Government with the
Government of Saudi Arabia regarding the use of
diplomatic credentials, visas, or covered
facilities described in paragraph (1); and
(iii) a description of actions the United
States Government has taken or intends to take
in response to the use of diplomatic
credentials, visas, or covered facilities
described in paragraph (1).
(c) Form.--The report required by subsection (a) and the
certification and report required by subsection (b) shall be submitted
in unclassified form but may contain a classified annex.
(d) Waiver.--
(1) In general.--The President may waive the restrictions
in this section if the President submits to the appropriate
congressional committees a report not later than 15 days before
the granting of such waiver that contains--
(A) a determination of the President that such a
waiver is in the vital national security interests of
the United States; and
(B) a detailed justification for the use of such
waiver and the reasons why the restrictions in this
section cannot be met.
(2) Form.--The report required by this subsection shall be
submitted in unclassified form but may contain a classified
annex.
(e) Sunset.--This section shall terminate on the date that is 3
years after the date of the enactment of this Act.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
(2) The term ``covered facility'' means a diplomatic or
consular facility of Saudi Arabia in the United States.
(3) The term ``covered person'' means a national of Saudi
Arabia credentialed to a covered facility.
SEC. 7004. REPORT ON THE DUTY TO WARN OBLIGATION OF THE GOVERNMENT OF
THE UNITED STATES.
(a) Findings.--Congress finds that Intelligence Community Directive
191 provides that--
(1) when an element of the intelligence community of the
United States collects or acquires credible and specific
information indicating an impending threat of intentional
killing, serious bodily injury, or kidnapping directed at a
person, the agency must ``warn the intended victim or those
responsible for protecting the intended victim, as
appropriate'' unless an applicable waiver of the duty is
granted by the appropriate official within the element; and
(2) when issues arise with respect to whether the threat
information rises to the threshold of ``duty to warn'', the
directive calls for resolution in favor of warning the intended
victim.
(b) Report on Duty to Warn.--Not later than 90 days after the date
of the enactment of this Act, the Director of National Intelligence, in
coordination with the heads of other relevant United States
intelligence agencies, shall submit to the appropriate congressional
committees a report with respect to--
(1) whether and how the intelligence community fulfilled
its duty to warn Jamal Khashoggi of threats to his life and
liberty pursuant to Intelligence Community Directive 191; and
(2) in the case of the intelligence community not
fulfilling its duty to warn as described in paragraph (1), why
the intelligence community did not fulfill this duty.
(c) Form.--The report required by subsection (b) shall be submitted
in unclassified form but may contain a classified annex.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
(2) The term ``duty to warn'' has the meaning given that
term in Intelligence Community Directive 191, as in effect on
July 21, 2015.
(3) The term ``intelligence community'' has the meaning
given such term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)).
(4) The term ``relevant United States intelligence agency''
means any element of the intelligence community that may have
possessed intelligence reporting regarding threats to Jamal
Khashoggi.
TITLE LXXI--COLORADO AND GRAND CANYON PUBLIC LANDS
SEC. 7101. DEFINITION OF STATE.
In subtitles A through D, the term ``State'' means the State of
Colorado.
Subtitle A--Continental Divide
SEC. 7111. DEFINITIONS.
In this subtitle:
(1) Covered area.--The term ``covered area'' means any area
designated as wilderness by the amendments to section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) made by section 7112(a).
(2) Historic landscape.--The term ``Historic Landscape''
means the Camp Hale National Historic Landscape designated by
section 7118(a).
(3) Recreation management area.--The term ``Recreation
Management Area'' means the Tenmile Recreation Management Area
designated by section 7114(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation Area
designated by section 7115(a);
(B) the Williams Fork Mountains Wildlife
Conservation Area designated by section 7116(a); and
(C) the Spraddle Creek Wildlife Conservation Area
designated by section 7117(a).
SEC. 7112. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness Act of
1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended--
(1) in paragraph (18), by striking ``1993,'' and inserting
``1993, and certain Federal land within the White River
National Forest that comprises approximately 6,896 acres, as
generally depicted as `Proposed Ptarmigan Peak Wilderness
Additions' on the map entitled `Proposed Ptarmigan Peak
Wilderness Additions' and dated June 24, 2019,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain Federal
land within the White River National Forest that comprises
approximately 3,866 acres, as generally depicted as `Proposed
Megan Dickie Wilderness Addition' on the map entitled `Holy
Cross Wilderness Addition Proposal' and dated June 24, 2019,
which shall be incorporated into, and managed as part of, the
Holy Cross Wilderness designated by section 102(a)(5) of Public
Law 96-560 (94 Stat. 3266).
``(24) Hoosier ridge wilderness.--Certain Federal land
within the White River National Forest that comprises
approximately 5,235 acres, as generally depicted as `Proposed
Hoosier Ridge Wilderness' on the map entitled `Tenmile
Proposal' and dated April 22, 2022, which shall be known as the
`Hoosier Ridge Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land within the
White River National Forest that comprises approximately 7,624
acres, as generally depicted as `Proposed Tenmile Wilderness'
on the map entitled `Tenmile Proposal' and dated April 22,
2022, which shall be known as the `Tenmile Wilderness'.
``(26) Eagles nest wilderness additions.--Certain Federal
land within the White River National Forest that comprises
approximately 7,634 acres, as generally depicted as `Proposed
Freeman Creek Wilderness Addition' and `Proposed Spraddle Creek
Wilderness Addition' on the map entitled `Eagles Nest
Wilderness Additions Proposal' and dated April 26, 2022, which
shall be incorporated into, and managed as part of, the Eagles
Nest Wilderness designated by Public Law 94-352 (90 Stat.
870).''.
(b) Applicable Law.--Any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the effective date of that Act shall be considered to
be a reference to the date of enactment of this Act for purposes of
administering a covered area.
(c) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may
carry out any activity in a covered area that the Secretary determines
to be necessary for the control of fire, insects, and diseases, subject
to such terms and conditions as the Secretary determines to be
appropriate.
(d) Grazing.--The grazing of livestock on a covered area, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are
considered to be necessary by the Secretary, 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 the report of the Committee
on Interior and Insular Affairs of the House of Representatives
accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(e) Coordination.--For purposes of administering the Federal land
designated as wilderness by paragraph (26) of section 2(a) of the
Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-
77) (as added by subsection (a)(2)), the Secretary shall, as determined
to be appropriate for the protection of watersheds, coordinate the
activities of the Secretary in response to fires and flooding events
with interested State and local agencies.
SEC. 7113. WILLIAMS FORK MOUNTAINS POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain Federal land in the White River
National Forest in the State, comprising approximately 8,036 acres, as
generally depicted as ``Proposed Williams Fork Mountains Wilderness''
on the map entitled ``Williams Fork Mountains Proposal'' and dated June
24, 2019, is designated as a potential wilderness area.
(b) Management.--Subject to valid existing rights and except as
provided in subsection (d), the potential wilderness area designated by
subsection (a) shall be managed in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, in accordance with applicable laws
(including regulations), the Secretary shall publish a
determination regarding whether to authorize livestock grazing
or other use by livestock on the vacant allotments known as--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) Modification of allotments.--In publishing a
determination pursuant to paragraph (1), the Secretary may
modify or combine the vacant allotments referred to in that
paragraph.
(3) Permit or other authorization.--Not later than 1 year
after the date on which a determination of the Secretary to
authorize livestock grazing or other use by livestock is
published under paragraph (1), if applicable, the Secretary
shall grant a permit or other authorization for that livestock
grazing or other use in accordance with applicable laws
(including regulations).
(d) Range Improvements.--
(1) In general.--If the Secretary permits livestock grazing
or other use by livestock on the potential wilderness area
under subsection (c), the Secretary, or a third party
authorized by the Secretary, may use motorized or mechanized
transport or equipment for purposes of constructing or
rehabilitating such range improvements as are necessary to
obtain appropriate livestock management objectives (including
habitat and watershed restoration).
(2) Termination of authority.--The authority provided by
this subsection terminates on the date that is 2 years after
the date on which the Secretary publishes a positive
determination under subsection (c)(3).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area designated
by subsection (a) shall be designated as wilderness, to be
known as the ``Williams Fork Mountains Wilderness''--
(A) effective not earlier than the date that is 180
days after the date of enactment this Act; and
(B) on the earliest of--
(i) the date on which the Secretary
publishes in the Federal Register a notice that
the construction or rehabilitation of range
improvements under subsection (d) is complete;
(ii) the date described in subsection
(d)(2); and
(iii) the effective date of a determination
of the Secretary not to authorize livestock
grazing or other use by livestock under
subsection (c)(1).
(2) Administration.--Subject to valid existing rights, the
Secretary shall manage the Williams Fork Mountains Wilderness
in accordance with the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77), except that any reference
in that Act to the effective date of that Act shall be
considered to be a reference to the date on which the Williams
Fork Mountains Wilderness is designated in accordance with
paragraph (1).
SEC. 7114. TENMILE RECREATION MANAGEMENT AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 17,120 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Tenmile
Recreation Management Area'' on the map entitled ``Tenmile Proposal''
and dated April 22, 2022, are designated as the ``Tenmile Recreation
Management Area''.
(b) Purposes.--The purposes of the Recreation Management Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the recreational, scenic, watershed,
habitat, and ecological resources of the Recreation Management Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Recreation
Management Area--
(A) in a manner that conserves, protects, and
enhances--
(i) the purposes of the Recreation
Management Area described in subsection (b);
and
(ii) recreation opportunities, including
mountain biking, hiking, fishing, horseback
riding, snowshoeing, climbing, skiing, camping,
and hunting; and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Recreation Management Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Vehicles.--
(i) In general.--Except as provided in
clause (iii), the use of motorized vehicles in
the Recreation Management Area shall be limited
to the roads, vehicle classes, and periods
authorized for motorized vehicle use on the
date of enactment of this Act.
(ii) New or temporary roads.--Except as
provided in clause (iii), no new or temporary
road shall be constructed in the Recreation
Management Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) rerouting or closing an
existing road or trail to protect
natural resources from degradation, as
the Secretary determines to be
appropriate;
(II) authorizing the use of
motorized vehicles for administrative
purposes or roadside camping;
(III) constructing temporary roads
or permitting the use of motorized
vehicles to carry out pre- or post-fire
watershed protection projects;
(IV) authorizing the use of
motorized vehicles to carry out any
activity described in subsection (d),
(e)(1), or (f); or
(V) responding to an emergency.
(C) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Recreation
Management Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to manage wildland fire
and treat hazardous fuels, insects, and diseases in the Recreation
Management Area, subject to such terms and conditions as the Secretary
determines to be appropriate.
(e) Water.--
(1) Effect on water management infrastructure.--Nothing in
this section affects the construction, repair, reconstruction,
replacement, operation, maintenance, or renovation within the
Recreation Management Area of--
(A) water management infrastructure in existence on
the date of enactment of this Act; or
(B) any future infrastructure necessary for the
development or exercise of water rights decreed before
the date of enactment of this Act.
(2) Applicable law.--Section 3(e) of the James Peak
Wilderness and Protection Area Act (Public Law 107-216; 116
Stat. 1058) shall apply to the Recreation Management Area.
(f) Permits.--Nothing in this section affects--
(1) any permit held by a ski area or other entity; or
(2) the implementation of associated activities or
facilities authorized by law or permit outside the boundaries
of the Recreation Management Area.
SEC. 7115. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 8,287 acres of Federal land located in the White River
National Forest, as generally depicted as ``Proposed Porcupine Gulch
Wildlife Conservation Area'' on the map entitled ``Porcupine Gulch
Wildlife Conservation Area Proposal'' and dated June 24, 2019, are
designated as the ``Porcupine Gulch Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are--
(1) to conserve and protect a wildlife migration corridor
over Interstate 70; and
(2) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, and ecological resources of the
Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Recreation.--The Secretary may permit such
recreational activities in the Wildlife Conservation
Area that the Secretary determines are consistent with
the purposes described in subsection (b).
(C) Motorized vehicles and mechanized transport;
new or temporary roads.--
(i) Motorized vehicles and mechanized
transport.--Except as provided in clause (iii),
the use of motorized vehicles and mechanized
transport in the Wildlife Conservation Area
shall be prohibited.
(ii) New or temporary roads.--Except as
provided in clause (iii) and subsection (e), no
new or temporary road shall be constructed
within the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) authorizing the use of
motorized vehicles or mechanized
transport for administrative purposes;
(II) constructing temporary roads
or permitting the use of motorized
vehicles or mechanized transport to
carry out pre- or post-fire watershed
protection projects;
(III) authorizing the use of
motorized vehicles or mechanized
transport to carry out activities
described in subsection (d) or (e); or
(IV) responding to an emergency.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to manage wildland fire
and treat hazardous fuels, insects, and diseases in the Wildlife
Conservation Area, subject to such terms and conditions as the
Secretary determines to be appropriate.
(e) Regional Transportation Projects.--Nothing in this section or
section 7121(f) precludes the Secretary from authorizing, in accordance
with applicable laws (including regulations) and subject to valid
existing rights, the use of the subsurface of the Wildlife Conservation
Area to construct, realign, operate, or maintain regional
transportation projects, including Interstate 70 and the Eisenhower-
Johnson Tunnels.
(f) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 7116. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 3,528 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Williams Fork
Mountains Wildlife Conservation Area'' on the map entitled ``Williams
Fork Mountains Proposal'' and dated June 24, 2019, are designated as
the ``Williams Fork Mountains Wildlife Conservation Area'' (referred to
in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the wildlife, scenic, roadless,
watershed, recreational, and ecological resources of the Wildlife
Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--Except as provided in
clause (iii), the use of motorized vehicles in
the Wildlife Conservation Area shall be limited
to designated roads and trails.
(ii) New or temporary roads.--Except as
provided in clause (iii), no new or temporary
road shall be constructed in the Wildlife
Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) authorizing the use of
motorized vehicles for administrative
purposes;
(II) authorizing the use of
motorized vehicles to carry out
activities described in subsection (d);
or
(III) responding to an emergency.
(C) Bicycles.--The use of bicycles in the Wildlife
Conservation Area shall be limited to designated roads
and trails.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(E) Grazing.--The laws (including regulations) and
policies followed by the Secretary in issuing and
administering grazing permits or leases on land under
the jurisdiction of the Secretary shall continue to
apply with regard to the land in the Wildlife
Conservation Area, consistent with the purposes
described in subsection (b).
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to manage wildland fire
and treat hazardous fuels, insects, and diseases in the Wildlife
Conservation Area, subject to such terms and conditions as the
Secretary determines to be appropriate.
(e) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 7117. SPRADDLE CREEK WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 2,674 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Spraddle Creek
Wildlife Conservation Area'' on the map entitled ``Eagles Nest
Wilderness Additions Proposal'' and dated April 26, 2022, are
designated as the ``Spraddle Creek Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the wildlife, scenic, roadless,
watershed, recreational, and ecological resources of the Wildlife
Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this subtitle.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Motorized vehicles and mechanized transport.--
Except as necessary for administrative purposes or to
respond to an emergency, the use of motorized vehicles
and mechanized transport in the Wildlife Conservation
Area shall be prohibited.
(C) Roads.--
(i) In general.--Except as provided in
clause (ii), no road shall be constructed in
the Wildlife Conservation Area.
(ii) Exceptions.--Nothing in clause (i)
prevents the Secretary from--
(I) constructing a temporary road
as the Secretary determines to be
necessary as a minimum requirement for
carrying out a vegetation management
project in the Wildlife Conservation
Area; or
(II) responding to an emergency.
(iii) Decommissioning of temporary roads.--
Not later than 3 years after the date on which
the applicable vegetation management project is
completed, the Secretary shall decommission any
temporary road constructed under clause (ii)(I)
for the applicable vegetation management
project.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized in the
Wildlife Conservation Area under this section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to manage wildland fire
and treat hazardous fuels, insects, and diseases in the Wildlife
Conservation Area, subject to such terms and conditions as the
Secretary determines to be appropriate.
(e) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 7118. CAMP HALE NATIONAL HISTORIC LANDSCAPE.
(a) Designation.--Subject to valid existing rights, the
approximately 28,197 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Camp Hale
National Historic Landscape'' on the map entitled ``Camp Hale National
Historic Landscape Proposal'' and dated April 22, 2022, are designated
the ``Camp Hale National Historic Landscape''.
(b) Purposes.--The purposes of the Historic Landscape are--
(1) to provide for--
(A) the interpretation of historic events,
activities, structures, and artifacts of the Historic
Landscape, including with respect to the role of the
Historic Landscape in local, national, and world
history;
(B) the preservation of the historic resources of
the Historic Landscape, consistent with the other
purposes of the Historic Landscape;
(C) recreational opportunities, with an emphasis on
the activities related to the historic use of the
Historic Landscape, including skiing, snowshoeing,
snowmobiling, hiking, horseback riding, climbing, other
road- and trail-based activities, and other outdoor
activities; and
(D) the continued environmental remediation and
removal of unexploded ordnance at the Camp Hale
Formerly Used Defense Site and the Camp Hale historic
cantonment area; and
(2) to conserve, protect, restore, and enhance for the
benefit and enjoyment of present and future generations the
scenic, watershed, and ecological resources of the Historic
Landscape.
(c) Management.--
(1) In general.--The Secretary shall manage the Historic
Landscape in accordance with--
(A) the purposes of the Historic Landscape
described in subsection (b); and
(B) any other applicable laws (including
regulations).
(2) Management plan.--
(A) In general.--Not later than 5 years after the
date of enactment of this Act, the Secretary shall
prepare a management plan for the Historic Landscape.
(B) Contents.--The management plan prepared under
subparagraph (A) shall include plans for--
(i) improving the interpretation of
historic events, activities, structures, and
artifacts of the Historic Landscape, including
with respect to the role of the Historic
Landscape in local, national, and world
history;
(ii) conducting historic preservation and
veteran outreach and engagement activities;
(iii) managing recreational opportunities,
including the use and stewardship of--
(I) the road and trail systems; and
(II) dispersed recreation
resources;
(iv) the conservation, protection,
restoration, or enhancement of the scenic,
watershed, and ecological resources of the
Historic Landscape, including--
(I) conducting the restoration and
enhancement project under subsection
(d);
(II) forest fuels, wildfire, and
mitigation management; and
(III) watershed health and
protection;
(v) environmental remediation and,
consistent with subsection (e)(2), the removal
of unexploded ordnance; and
(vi) managing the Historic Landscape in
accordance with subsection (g).
(3) Explosive hazards.--The Secretary shall provide to the
Secretary of the Army a notification of any unexploded ordnance
(as defined in section 101(e) of title 10, United States Code)
that is discovered in the Historic Landscape.
(d) Camp Hale Restoration and Enhancement Project.--
(1) In general.--The Secretary shall conduct a restoration
and enhancement project in the Historic Landscape--
(A) to improve aquatic, riparian, and wetland
conditions in and along the Eagle River and tributaries
of the Eagle River;
(B) to maintain or improve recreation and
interpretive opportunities and facilities; and
(C) to conserve historic values in the Camp Hale
area.
(2) Coordination.--In carrying out the project described in
paragraph (1), the Secretary shall coordinate with, and provide
the opportunity to collaborate on the project to--
(A) the Corps of Engineers;
(B) the Camp Hale-Eagle River Headwaters
Collaborative Group;
(C) the National Forest Foundation;
(D) the Colorado Department of Public Health and
Environment;
(E) the Colorado State Historic Preservation
Office;
(F) the Colorado Department of Natural Resources;
(G) units of local government; and
(H) other interested organizations and members of
the public.
(e) Environmental Remediation.--
(1) In general.--The Secretary of the Army shall continue
to carry out the projects and activities of the Department of
the Army in existence on the date of enactment of this Act
relating to cleanup of--
(A) the Camp Hale Formerly Used Defense Site; or
(B) the Camp Hale historic cantonment area.
(2) Removal of unexploded ordnance.--
(A) In general.--The Secretary of the Army may
remove unexploded ordnance (as defined in section
101(e) of title 10, United States Code) from the
Historic Landscape, as the Secretary of the Army
determines to be appropriate in accordance with
applicable law (including regulations).
(B) Action on receipt of notice.--On receipt from
the Secretary of a notification of unexploded ordnance
under subsection (c)(3), the Secretary of the Army may
remove the unexploded ordnance in accordance with--
(i) the program for environmental
restoration of formerly used defense sites
under section 2701 of title 10, United States
Code;
(ii) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.); and
(iii) any other applicable provision of law
(including regulations).
(3) Effect of subsection.--Nothing in this subsection
modifies any obligation in existence on the date of enactment
of this Act relating to environmental remediation or removal of
any unexploded ordnance located in or around the Camp Hale
historic cantonment area, the Camp Hale Formerly Used Defense
Site, or the Historic Landscape, including such an obligation
under--
(A) the program for environmental restoration of
formerly used defense sites under section 2701 of title
10, United States Code;
(B) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.); or
(C) any other applicable provision of law
(including regulations).
(f) Interagency Agreement.--As soon as practicable after the date
of enactment of this Act, the Secretary and the Secretary of the Army
shall enter into an agreement--
(1) to specify--
(A) the activities of the Secretary relating to the
management of the Historic Landscape; and
(B) the activities of the Secretary of the Army
relating to environmental remediation and the removal
of unexploded ordnance in accordance with subsection
(e) and other applicable laws (including regulations);
and
(2) to require the Secretary to provide to the Secretary of
the Army, by not later than 1 year after the date of enactment
of this Act and periodically thereafter, as appropriate, a
management plan for the Historic Landscape for purposes of the
removal activities described in subsection (e).
(g) Effect.--Nothing in this section--
(1) affects the jurisdiction of the State over any water
law, water right, or adjudication or administration relating to
any water resource;
(2) affects any water right in existence on the date of
enactment of this Act, or the exercise of such a water right,
including--
(A) a water right subject to an interstate water
compact (including full development of any
apportionment made in accordance with such a compact);
(B) a water right decreed within, above, below, or
through the Historic Landscape;
(C) a change, exchange, plan for augmentation, or
other water decree with respect to a water right,
including a conditional water right, in existence on
the date of enactment of this Act--
(i) that is consistent with the purposes
described in subsection (b); and
(ii) that does not result in diversion of a
greater flow rate or volume of water for such a
water right in existence on the date of
enactment of this Act;
(D) a water right held by the United States;
(E) the management or operation of any reservoir,
including the storage, management, release, or
transportation of water; and
(F) the construction or operation of such
infrastructure as is determined to be necessary by an
individual or entity holding water rights to develop
and place to beneficial use those rights, subject to
applicable Federal, State, and local law (including
regulations);
(3) constitutes an express or implied reservation by the
United States of any reserved or appropriative water right;
(4) affects--
(A) any permit held by a ski area or other entity;
or
(B) the implementation of associated activities or
facilities authorized by law or permit outside the
boundaries of the Historic Landscape;
(5) prevents the Secretary from closing portions of the
Historic Landscape for public safety, environmental
remediation, or other use in accordance with applicable laws;
or
(6) affects--
(A) any special use permit in effect on the date of
enactment of this Act; or
(B) the renewal of a permit described in
subparagraph (A).
(h) Funding.--There is authorized to be appropriated $10,000,000
for activities relating to historic interpretation, preservation, and
restoration carried out in and around the Historic Landscape.
(i) Designation of Overlook.--The interpretive site located beside
United States Route 24 in the State, at 39.431N 106.323W, is designated
as the ``Sandy Treat Overlook''.
SEC. 7119. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.
(a) In General.--The boundary of the White River National Forest is
modified to include the approximately 120 acres comprised of the SW\1/
4\, the SE\1/4\, and the NE\1/4\ of the SE\1/4\ of sec. 1, T. 2 S., R.
80 W., 6th Principal Meridian, in Summit County in the State.
(b) Land and Water Conservation Fund.--For purposes of section
200306 of title 54, United States Code, the boundaries of the White
River National Forest, as modified by subsection (a), shall be
considered to be the boundaries of the White River National Forest as
in existence on January 1, 1965.
SEC. 7120. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS BOUNDARY
ADJUSTMENT.
(a) Purpose.--The purpose of this section is to provide for the
ongoing maintenance and use of portions of the Trail River Ranch and
the associated property located within Rocky Mountain National Park in
Grand County in the State.
(b) Boundary Adjustment.--Section 1952(b) of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1070) is
amended by adding at the end the following:
``(3) Boundary adjustment.--The boundary of the Potential
Wilderness is modified to exclude the area comprising
approximately 15.5 acres of land identified as `Potential
Wilderness to Non-wilderness' on the map entitled `Rocky
Mountain National Park Proposed Wilderness Area Amendment' and
dated January 16, 2018.''.
SEC. 7121. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this subtitle affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this subtitle or an amendment
made by this subtitle establishes a protective perimeter or
buffer zone around--
(A) a covered area;
(B) a wilderness area or potential wilderness area
designated by section 7113;
(C) the Recreation Management Area;
(D) a Wildlife Conservation Area; or
(E) the Historic Landscape.
(2) Outside activities.--The fact that a nonwilderness
activity or use on land outside of an area described in
paragraph (1) can be seen or heard from within the applicable
area described in paragraph (1) shall not preclude the activity
or use outside the boundary of the applicable area described in
paragraph (1).
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this subtitle affects the
treaty rights of an Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions that the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the areas described in subsection (b)(1)
by members of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other
materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps and
legal descriptions of each area described in subsection (b)(1)
with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--Each map and legal description prepared
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may--
(A) correct any typographical errors in the maps
and legal descriptions; and
(B) in consultation with the State, make minor
adjustments to the boundaries of the Tenmile Recreation
Management Area designated by section 7114(a), the
Porcupine Gulch Wildlife Conservation Area designated
by section 7115(a), and the Williams Fork Mountains
Wildlife Conservation Area designated by section
7116(a) to account for potential highway or multimodal
transportation system construction, safety measures,
maintenance, realignment, or widening.
(3) Public availability.--Each map and legal description
prepared under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundaries of an area described in
subsection (b)(1) by donation, purchase from a willing seller,
or exchange.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness area, Recreation
Management Area, Wildlife Conservation Area, or Historic
Landscape, as applicable, in which the land or interest in land
is located.
(f) Withdrawal.--Subject to valid existing rights, the areas
described in subsection (b)(1) are withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(g) Military Overflights.--Nothing in this subtitle or an amendment
made by this subtitle restricts or precludes--
(1) any low-level overflight of military aircraft over any
area subject to this subtitle or an amendment made by this
subtitle, including military overflights that can be seen,
heard, or detected within such an area;
(2) flight testing or evaluation over an area described in
paragraph (1); or
(3) the use or establishment of--
(A) any new unit of special use airspace over an
area described in paragraph (1); or
(B) any military flight training or transportation
over such an area.
(h) Sense of Congress.--It is the sense of Congress that military
aviation training on Federal public land in the State, including the
training conducted at the High-Altitude Army National Guard Aviation
Training Site, is critical to the national security of the United
States and the readiness of the Armed Forces.
Subtitle B--San Juan Mountains
SEC. 7131. DEFINITIONS.
In this subtitle:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under paragraphs
(27) through (29) of section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law
103-77) (as added by section 7132); and
(B) a Special Management Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special management area.--The term ``Special Management
Area'' means each of--
(A) the Sheep Mountain Special Management Area
designated by section 7133(a)(1); and
(B) the Liberty Bell East Special Management Area
designated by section 7133(a)(2).
SEC. 7132. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132
note; Public Law 103-77) (as amended by section 7112(a)) is further
amended by adding at the end the following:
``(27) Lizard head wilderness addition.--Certain Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 3,141 acres, as generally
depicted on the map entitled `Proposed Wilson, Sunshine, Black
Face and San Bernardo Additions to the Lizard Head Wilderness'
and dated September 6, 2018, which is incorporated in, and
shall be administered as part of, the Lizard Head Wilderness.
``(28) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar additions.--
Certain Federal land in the Grand Mesa, Uncompahgre,
and Gunnison National Forests comprising approximately
7,235 acres, as generally depicted on the map entitled
`Proposed Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East Special
Management Area' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of,
the Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal land
in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 12,465 acres, as
generally depicted on the map entitled `Proposed
Whitehouse Additions to the Mt. Sneffels Wilderness'
and dated September 6, 2018, which is incorporated in,
and shall be administered as part of, the Mount
Sneffels Wilderness.
``(29) Mckenna peak wilderness.--Certain Federal land in
the State of Colorado comprising approximately 8,884 acres of
Bureau of Land Management land, as generally depicted on the
map entitled `Proposed McKenna Peak Wilderness Area' and dated
September 18, 2018, to be known as the `McKenna Peak
Wilderness'.''.
SEC. 7133. SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) Sheep mountain special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan
National Forests in the State comprising approximately 21,663
acres, as generally depicted on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and dated September
19, 2018, is designated as the ``Sheep Mountain Special
Management Area''.
(2) Liberty bell east special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests in the State comprising approximately 792 acres, as
generally depicted on the map entitled ``Proposed Liberty Bell
and Last Dollar Additions to the Mt. Sneffels Wilderness,
Liberty Bell East Special Management Area'' and dated September
6, 2018, is designated as the ``Liberty Bell East Special
Management Area''.
(b) Purpose.--The purpose of the Special Management Areas is to
conserve and protect for the benefit and enjoyment of present and
future generations the geological, cultural, archaeological,
paleontological, natural, scientific, recreational, wilderness,
wildlife, riparian, historical, educational, and scenic resources of
the Special Management Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Special
Management Areas in a manner that--
(A) conserves, protects, and enhances the resources
and values of the Special Management Areas described in
subsection (b);
(B) subject to paragraph (3), maintains or improves
the wilderness character of the Special Management
Areas and the suitability of the Special Management
Areas for potential inclusion in the National
Wilderness Preservation System; and
(C) is in accordance with--
(i) the National Forest Management Act of
1976 (16 U.S.C. 1600 et seq.);
(ii) this subtitle; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited in the
Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum
requirements for the administration of the Federal
land, to provide access for abandoned mine cleanup, and
to protect public health and safety--
(i) the use of motor vehicles, motorized
equipment, or mechanical transport (other than
as provided in paragraph (3)); and
(ii) the establishment of temporary roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any
activities (including helicopter access for recreation
and maintenance and the competitive running event
permitted since 1992) that have been authorized by
permit or license as of the date of enactment of this
Act to continue within the Special Management Areas,
subject to such terms and conditions as the Secretary
may require.
(B) Permitting.--The designation of the Special
Management Areas by subsection (a) shall not affect the
issuance of permits relating to the activities covered
under subparagraph (A) after the date of enactment of
this Act.
(C) Bicycles.--The Secretary may permit the use of
bicycles in--
(i) the portion of the Sheep Mountain
Special Management Area identified as ``Ophir
Valley Area'' on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and
dated September 19, 2018; and
(ii) the portion of the Liberty Bell East
Special Management Area identified as ``Liberty
Bell Corridor'' on the map entitled ``Proposed
Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East
Special Management Area'' and dated September
6, 2018.
(d) Applicable Law.--Water and water rights in the Special
Management Areas shall be administered in accordance with section 8 of
the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762),
except that, for purposes of this subtitle--
(1) any reference contained in that section to ``the lands
designated as wilderness by this Act'', ``the Piedra,
Roubideau, and Tabeguache areas identified in section 9 of this
Act, or the Bowen Gulch Protection Area or the Fossil Ridge
Recreation Management Area identified in sections 5 and 6 of
this Act'', or ``the areas described in sections 2, 5, 6, and 9
of this Act'' shall be considered to be a reference to ``the
Special Management Areas''; and
(2) any reference contained in that section to ``this Act''
shall be considered to be a reference to ``the Colorado Outdoor
Recreation and Economy Act''.
SEC. 7134. RELEASE OF WILDERNESS STUDY AREAS.
(a) Dominguez Canyon Wilderness Study Area.--Subtitle E of title II
of Public Law 111-11 is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as
section 2409; and
(2) by inserting after section 2407 (16 U.S.C. 460zzz-6)
the following:
``SEC. 2408. RELEASE.
``(a) In General.--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 portions of the Dominguez Canyon Wilderness Study Area
not designated as wilderness by this subtitle have been adequately
studied for wilderness designation.
``(b) Release.--Any public land referred to in subsection (a) that
is not designated as wilderness by this subtitle--
``(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 this subtitle and
any other applicable laws.''.
(b) McKenna Peak Wilderness Study Area.--
(1) In general.--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 portions of the McKenna Peak
Wilderness Study Area in San Miguel County in the State not
designated as wilderness by paragraph (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 7132) have been
adequately studied for wilderness designation.
(2) Release.--Any public land referred to in paragraph (1)
that is not designated as wilderness by paragraph (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section 7132)--
(A) 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
(B) shall be managed in accordance with applicable
laws.
SEC. 7135. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this subtitle affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this subtitle establishes a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside of the covered
land can be seen or heard from within covered land shall not
preclude the activity or use outside the boundary of the
covered land.
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this subtitle affects the
treaty rights of any Indian Tribe, including rights under the
Agreement of September 13, 1873, ratified by the Act of April
29, 1874 (18 Stat. 36, chapter 136).
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the covered land by members of Indian
Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other
materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary or the Secretary of the
Interior, as appropriate, shall file a map and a legal
description of each wilderness area designated by paragraphs
(27) through (29) of section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added
by section 7132) and the Special Management Areas with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary or the
Secretary of the Interior, as appropriate, may correct any
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management and the Forest Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of the
Interior, as appropriate, may acquire any land or interest in
land within the boundaries of a Special Management Area or the
wilderness designated under paragraphs (27) through (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section 7132) by
donation, purchase from a willing seller, or exchange.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness or Special Management
Area in which the land or interest in land is located.
(f) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are
considered to be necessary by the Secretary with jurisdiction over the
covered land, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the applicable 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 (H. Rept. 101-405) or H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(g) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary
with jurisdiction over a wilderness area designated by paragraphs (27)
through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by section 7132) may
carry out any activity in the wilderness area that the Secretary
determines to be necessary for the control of fire, insects, and
diseases, subject to such terms and conditions as the Secretary
determines to be appropriate.
(h) Withdrawal.--Subject to valid existing rights, the covered land
and the approximately 6,590 acres generally depicted on the map
entitled ``Proposed Naturita Canyon Mineral Withdrawal Area'' and dated
September 6, 2018, is withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
Subtitle C--Thompson Divide
SEC. 7141. PURPOSES.
The purposes of this subtitle are--
(1) subject to valid existing rights, to withdraw certain
Federal land in the Thompson Divide area from mineral and other
disposal laws in order to protect the agricultural, ranching,
wildlife, air quality, recreation, ecological, and scenic
values of the area; and
(2) to promote the capture of fugitive methane emissions
that would otherwise be emitted into the atmosphere.
SEC. 7142. DEFINITIONS.
In this subtitle:
(1) Fugitive methane emissions.--The term ``fugitive
methane emissions'' means methane gas from the Federal land or
interests in Federal land in Garfield, Gunnison, Delta, or
Pitkin County in the State, within the boundaries of the
``Fugitive Coal Mine Methane Use Pilot Program Area'', as
generally depicted on the pilot program map, that would leak or
be vented into the atmosphere from--
(A) an active or inactive coal mine subject to a
Federal coal lease; or
(B) an abandoned underground coal mine or the site
of a former coal mine--
(i) that is not subject to a Federal coal
lease; and
(ii) with respect to which the Federal
interest in land includes mineral rights to the
methane gas.
(2) Pilot program.--The term ``pilot program'' means the
Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program established by section 7145(a)(1).
(3) Pilot program map.--The term ``pilot program map''
means the map entitled ``Greater Thompson Divide Fugitive Coal
Mine Methane Use Pilot Program Area'' and dated April 29, 2022.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Thompson divide lease.--
(A) In general.--The term ``Thompson Divide lease''
means any oil or gas lease in effect on the date of
enactment of this Act within the Thompson Divide
Withdrawal and Protection Area.
(B) Exclusions.--The term ``Thompson Divide lease''
does not include any oil or gas lease that--
(i) is associated with a Wolf Creek Storage
Field development right; or
(ii) before the date of enactment of this
Act, has expired, been cancelled, or otherwise
terminated.
(6) Thompson divide map.--The term ``Thompson Divide map''
means the map entitled ``Greater Thompson Divide Area Map'' and
dated November 5, 2021.
(7) Thompson divide withdrawal and protection area.--The
term ``Thompson Divide Withdrawal and Protection Area'' means
the Federal land and minerals within the area generally
depicted as the ``Thompson Divide Withdrawal and Protection
Area'' on the Thompson Divide map.
(8) Wolf creek storage field development right.--
(A) In general.--The term ``Wolf Creek Storage
Field development right'' means a development right for
any of the Federal mineral leases numbered COC 0007496,
COC 0007497, COC 0007498, COC 0007499, COC 0007500, COC
0007538, COC 0008128, COC 0015373, COC 0128018, COC
0051645, and COC 0051646, as generally depicted on the
Thompson Divide map as ``Wolf Creek Storage
Agreement''.
(B) Exclusions.--The term ``Wolf Creek Storage
Field development right'' does not include any storage
right or related activity within the area described in
subparagraph (A).
SEC. 7143. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid existing rights, the Thompson
Divide Withdrawal and Protection Area is withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Surveys.--The exact acreage and legal description of the
Thompson Divide Withdrawal and Protection Area shall be determined by
surveys approved by the Secretary, in consultation with the Secretary
of Agriculture.
(c) Grazing.--Nothing in this subtitle affects the administration
of grazing in the Thompson Divide Withdrawal and Protection Area.
SEC. 7144. THOMPSON DIVIDE LEASE CREDITS.
(a) In General.--In exchange for the relinquishment by a
leaseholder of all Thompson Divide leases of the leaseholder, the
Secretary may issue to the leaseholder credits for any bid, royalty, or
rental payment due under any Federal oil or gas lease on Federal land
in the State, in accordance with subsection (b).
(b) Amount of Credits.--
(1) In general.--Subject to paragraph (2), the amount of
the credits issued to a leaseholder of a Thompson Divide lease
relinquished under subsection (a) shall--
(A) be equal to the sum of--
(i) the amount of the bonus bids paid for
the applicable Thompson Divide leases;
(ii) the amount of any rental paid for the
applicable Thompson Divide leases as of the
date on which the leaseholder submits to the
Secretary a notice of the decision to
relinquish the applicable Thompson Divide
leases; and
(iii) the amount of any reasonable expenses
incurred by the leaseholder of the applicable
Thompson Divide leases in the preparation of
any drilling permit, sundry notice, or other
related submission in support of the
development of the applicable Thompson Divide
leases as of January 28, 2019, including any
expenses relating to the preparation of any
analysis under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
(B) require the approval of the Secretary.
(2) Exclusion.--The amount of a credit issued under
subsection (a) shall not include any expenses paid by the
leaseholder of a Thompson Divide lease for--
(A) legal fees or related expenses for legal work
with respect to a Thompson Divide lease; or
(B) any expenses incurred before the issuance of a
Thompson Divide lease.
(c) Cancellation.--Effective on relinquishment under this section,
and without any additional action by the Secretary, a Thompson Divide
lease--
(1) shall be permanently cancelled; and
(2) shall not be reissued.
(d) Conditions.--
(1) Applicable law.--Except as otherwise provided in this
section, each exchange under this section shall be conducted in
accordance with--
(A) this subtitle; and
(B) other applicable laws (including regulations).
(2) Acceptance of credits.--The Secretary shall accept
credits issued under subsection (a) in the same manner as cash
for the payments described in that subsection.
(3) Applicability.--The use of a credit issued under
subsection (a) shall be subject to the laws (including
regulations) applicable to the payments described in that
subsection, to the extent that the laws are consistent with
this section.
(4) Treatment of credits.--All amounts in the form of
credits issued under subsection (a) accepted by the Secretary
shall be considered to be amounts received for the purposes
of--
(A) section 35 of the Mineral Leasing Act (30
U.S.C. 191); and
(B) section 20 of the Geothermal Steam Act of 1970
(30 U.S.C. 1019).
(e) Wolf Creek Storage Field Development Rights.--
(1) Conveyance to secretary.--As a condition precedent to
the relinquishment of a Thompson Divide lease under this
section, any leaseholder with a Wolf Creek Storage Field
development right shall permanently relinquish, transfer, and
otherwise convey to the Secretary, in a form acceptable to the
Secretary, all Wolf Creek Storage Field development rights of
the leaseholder.
(2) Credits.--
(A) In general.--In consideration for the transfer
of development rights under paragraph (1), the
Secretary may issue to a leaseholder described in that
paragraph credits for any reasonable expenses incurred
by the leaseholder in acquiring the Wolf Creek Storage
Field development right or in the preparation of any
drilling permit, sundry notice, or other related
submission in support of the development right as of
January 28, 2019, including any reasonable expenses
relating to the preparation of any analysis under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(B) Approval.--Any credits for a transfer of the
development rights under paragraph (1), shall be
subject to--
(i) the exclusion described in subsection
(b)(2);
(ii) the conditions described in subsection
(d); and
(iii) the approval of the Secretary.
(3) Limitation of transfer.--Development rights acquired by
the Secretary under paragraph (1)--
(A) shall be held for as long as the parent leases
in the Wolf Creek Storage Field remain in effect; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral
extraction.
SEC. 7145. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE USE PILOT
PROGRAM.
(a) Fugitive Coal Mine Methane Use Pilot Program.--
(1) Establishment.--There is established in the Bureau of
Land Management a pilot program, to be known as the ``Greater
Thompson Divide Fugitive Coal Mine Methane Use Pilot Program''.
(2) Purpose.--The purpose of the pilot program is to
promote the capture, beneficial use, mitigation, and
sequestration of fugitive methane emissions--
(A) to reduce methane emissions;
(B) to promote economic development;
(C) to improve air quality; and
(D) to improve public safety.
(3) Plan.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
develop a plan--
(i) to complete an inventory of fugitive
methane emissions in accordance with subsection
(b);
(ii) to provide for the leasing of fugitive
methane emissions in accordance with subsection
(c); and
(iii) to provide for the capping or
destruction of fugitive methane emissions in
accordance with subsection (d).
(B) Coordination.--In developing the plan under
this paragraph, the Secretary shall coordinate with--
(i) the State;
(ii) Garfield, Gunnison, Delta, and Pitkin
Counties in the State;
(iii) lessees of Federal coal within the
counties referred to in clause (ii);
(iv) interested institutions of higher
education in the State; and
(v) interested members of the public.
(b) Fugitive Methane Emissions Inventory.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete an
inventory of fugitive methane emissions.
(2) Conduct.--
(A) Collaboration.--The Secretary may conduct the
inventory under paragraph (1) through, or in
collaboration with--
(i) the Bureau of Land Management;
(ii) the United States Geological Survey;
(iii) the Environmental Protection Agency;
(iv) the United States Forest Service;
(v) State departments or agencies;
(vi) Garfield, Gunnison, Delta, or Pitkin
County in the State;
(vii) the Garfield County Federal Mineral
Lease District;
(viii) institutions of higher education in
the State;
(ix) lessees of Federal coal within a
county referred to in subparagraph (F);
(x) the National Oceanic and Atmospheric
Administration;
(xi) the National Center for Atmospheric
Research; or
(xii) other interested entities, including
members of the public.
(B) Federal split estate.--
(i) In general.--In conducting the
inventory under paragraph (1) for Federal
minerals on split estate land, the Secretary
shall rely on available data.
(ii) Limitation.--Nothing in this section
requires or authorizes the Secretary to enter
or access private land to conduct the inventory
under paragraph (1).
(3) Contents.--The inventory conducted under paragraph (1)
shall include--
(A) the general location and geographic coordinates
of vents, seeps, or other sources producing significant
fugitive methane emissions;
(B) an estimate of the volume and concentration of
fugitive methane emissions from each source of
significant fugitive methane emissions, including
details of measurements taken and the basis for that
emissions estimate;
(C) relevant data and other information available
from--
(i) the Environmental Protection Agency;
(ii) the Mine Safety and Health
Administration;
(iii) the Colorado Department of Natural
Resources;
(iv) the Colorado Public Utility
Commission;
(v) the Colorado Department of Health and
Environment; and
(vi) the Office of Surface Mining
Reclamation and Enforcement; and
(D) such other information as may be useful in
advancing the purposes of the pilot program.
(4) Public participation; disclosure.--
(A) Public participation.--The Secretary shall, as
appropriate, provide opportunities for public
participation in the conduct of the inventory under
paragraph (1).
(B) Availability.--The Secretary shall make the
inventory conducted under paragraph (1) publicly
available.
(C) Disclosure.--Nothing in this subsection
requires the Secretary to publicly release information
that--
(i) poses a threat to public safety;
(ii) is confidential business information;
or
(iii) is otherwise protected from public
disclosure.
(5) Impact on coal mines subject to lease.--
(A) In general.--For the purposes of conducting the
inventory under paragraph (1), for land subject to a
Federal coal lease, the Secretary shall use readily
available methane emissions data.
(B) Effect.--Nothing in this section requires the
holder of a Federal coal lease to report additional
data or information to the Secretary.
(6) Use.--The Secretary shall use the inventory conducted
under paragraph (1) in carrying out--
(A) the leasing program under subsection (c); and
(B) the capping or destruction of fugitive methane
emissions under subsection (d).
(c) Fugitive Methane Emissions Leasing Program and Sequestration.--
(1) In general.--Subject to valid existing rights and in
accordance with this section, not later than 1 year after the
date of completion of the inventory required under subsection
(b), the Secretary shall carry out a program to encourage the
use and destruction of fugitive methane emissions.
(2) Fugitive methane emissions from coal mines subject to
lease.--
(A) In general.--The Secretary shall authorize the
holder of a valid existing Federal coal lease for a
mine that is producing fugitive methane emissions to
capture for use or destroy the fugitive methane
emissions.
(B) Conditions.--The authority under subparagraph
(A) shall be subject to--
(i) valid existing rights; and
(ii) such terms and conditions as the
Secretary may require.
(C) Limitations.--The program carried out under
paragraph (1) shall only include fugitive methane
emissions that can be captured for use or destroyed in
a manner that does not--
(i) endanger the safety of any coal mine
worker; or
(ii) unreasonably interfere with any
ongoing operation at a coal mine.
(D) Cooperation.--
(i) In general.--The Secretary shall work
cooperatively with the holders of valid
existing Federal coal leases for mines that
produce fugitive methane emissions to
encourage--
(I) the capture of fugitive methane
emissions for beneficial use, such as
generating electrical power, producing
usable heat, transporting the methane
to market, or transforming the fugitive
methane emissions into a different
marketable material; or
(II) if the beneficial use of the
fugitive methane emissions is not
feasible, the destruction of the
fugitive methane emissions.
(ii) Guidance.--In support of cooperative
efforts with holders of valid existing Federal
coal leases to capture for use or destroy
fugitive methane emissions, not later than 1
year after the date of enactment of this Act,
the Secretary shall issue guidance to the
public for the implementation of authorities
and programs to encourage the capture for use
and destruction of fugitive methane emissions,
while minimizing impacts on natural resources
or other public interest values.
(E) Royalties.--The Secretary shall determine
whether any fugitive methane emissions used or
destroyed pursuant to this paragraph are subject to the
payment of a royalty under applicable law.
(3) Fugitive methane emissions from land not subject to a
federal coal lease.--
(A) In general.--Except as otherwise provided in
this section, notwithstanding section 7143 and subject
to valid existing rights and any other applicable law,
the Secretary shall, for land not subject to a Federal
coal lease--
(i) authorize the capture for use or
destruction of fugitive methane emissions; and
(ii) make available for leasing such
fugitive methane emissions as the Secretary
determines to be in the public interest.
(B) Source.--To the extent practicable, the
Secretary shall offer for lease, individually or in
combination, each significant source of fugitive
methane emissions on land not subject to a Federal coal
lease.
(C) Bid qualifications.--A bid to lease fugitive
methane emissions under this paragraph shall specify
whether the prospective lessee intends--
(i) to capture the fugitive methane
emissions for beneficial use, such as
generating electrical power, producing usable
heat, transporting the methane to market, or
transforming the fugitive methane emissions
into a different marketable material;
(ii) to destroy the fugitive methane
emissions; or
(iii) to employ a specific combination of--
(I) capturing the fugitive methane
emissions for beneficial use; and
(II) destroying the fugitive
methane emissions.
(D) Priority.--
(i) In general.--If there is more than 1
qualified bid for a lease under this paragraph,
the Secretary shall select the bid that the
Secretary determines is likely to most
significantly advance the public interest.
(ii) Considerations.--In determining the
public interest under clause (i), the Secretary
shall take into consideration--
(I) the overall decrease in the
fugitive methane emissions;
(II) the impacts to other natural
resource values, including wildlife,
water, and air; and
(III) other public interest values,
including scenic, economic, recreation,
and cultural values.
(E) Lease form.--
(i) In general.--The Secretary shall
develop and provide to prospective bidders a
lease form for leases issued under this
paragraph.
(ii) Due diligence.--The lease form
developed under clause (i) shall include terms
and conditions requiring the leased fugitive
methane emissions to be put to beneficial use
or destroyed by not later than 3 years after
the date of issuance of the lease.
(F) Royalty rate.--The Secretary shall develop a
minimum bid, as the Secretary determines to be
necessary, and royalty rate for leases under this
paragraph.
(d) Sequestration.--If, by not later than 4 years after the date of
completion of the inventory under subsection (b), any significant
fugitive methane emissions are not leased under subsection (c)(3), the
Secretary shall, subject to the availability of appropriations and in
accordance with applicable law, take all reasonable measures--
(1) to provide incentives for new leases under subsection
(c)(3);
(2) to cap those fugitive methane emissions at the source
in any case in which the cap will result in the long-term
sequestration of all or a significant portion of the fugitive
methane emissions; or
(3) to destroy the fugitive methane emissions, if
incentivizing leases under paragraph (1) or sequestration under
paragraph (2) is not feasible, with priority for locations that
destroy the greatest quantity of fugitive methane emissions at
the lowest cost.
(e) Report to Congress.--Not later than 4 years after the date of
enactment of this Act the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report detailing--
(1) the economic and environmental impacts of the pilot
program, including information on increased royalties and
estimates of avoided greenhouse gas emissions; and
(2) any recommendations of the Secretary on whether the
pilot program could be expanded to include--
(A) other significant sources of emissions of
fugitive methane located outside the boundaries of the
area depicted as ``Fugitive Coal Mine Methane Use Pilot
Program Area'' on the pilot program map; and
(B) the leasing of natural methane seeps under the
activities authorized pursuant to subsection (c)(3).
SEC. 7146. EFFECT.
Except as expressly provided in this subtitle, nothing in this
subtitle--
(1) expands, diminishes, or impairs any valid existing
mineral leases, mineral interest, or other property rights
wholly or partially within the Thompson Divide Withdrawal and
Protection Area, including access to the leases, interests,
rights, or land in accordance with applicable Federal, State,
and local laws (including regulations);
(2) prevents the capture of methane from any active,
inactive, or abandoned coal mine covered by this subtitle, in
accordance with applicable laws; or
(3) prevents access to, or the development of, any new or
existing coal mine or lease in Delta or Gunnison County in the
State.
Subtitle D--Curecanti National Recreation Area
SEC. 7151. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed Boundary'',
numbered 616/100,485D, and dated April 25, 2022 .
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National Recreation Area
established by section 7152(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 7152. CURECANTI NATIONAL RECREATION AREA.
(a) Establishment.--Effective beginning on the earlier of the date
on which the Secretary approves a request under subsection
(c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment
of this Act, there shall be established as a unit of the National Park
System the Curecanti National Recreation Area, in accordance with this
subtitle, consisting of approximately 50,300 acres of land in the
State, as generally depicted on the map as ``Curecanti National
Recreation Area Proposed Boundary''.
(b) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
National Recreation Area in accordance with--
(A) this subtitle; and
(B) the laws (including regulations) generally
applicable to units of the National Park System,
including section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54,
United States Code.
(2) Dam, power plant, and reservoir management and
operations.--
(A) In general.--Nothing in this subtitle affects
or interferes with the authority of the Secretary--
(i) to operate the Uncompahgre Valley
Reclamation Project under the reclamation laws;
(ii) to operate the Wayne N. Aspinall Unit
of the Colorado River Storage Project under the
Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43
U.S.C. 620 et seq.); or
(iii) under the Federal Water Project
Recreation Act (16 U.S.C. 460l-12 et seq.).
(B) Reclamation land.--
(i) Submission of request to retain
administrative jurisdiction.--If, before the
date that is 1 year after the date of enactment
of this Act, the Commissioner of Reclamation
submits to the Secretary a request for the
Commissioner of Reclamation to retain
administrative jurisdiction over the minimum
quantity of land within the land identified on
the map as ``Lands withdrawn or acquired for
Bureau of Reclamation projects'' that the
Commissioner of Reclamation identifies as
necessary for the effective operation of Bureau
of Reclamation water facilities, the Secretary
may--
(I) approve, approve with
modifications, or disapprove the
request; and
(II) if the request is approved
under subclause (I), make any
modifications to the map that are
necessary to reflect that the
Commissioner of Reclamation retains
management authority over the minimum
quantity of land required to fulfill
the reclamation mission.
(ii) Transfer of land.--
(I) In general.--Administrative
jurisdiction over the land identified
on the map as ``Lands withdrawn or
acquired for Bureau of Reclamation
projects'', as modified pursuant to
clause (i)(II), if applicable, shall be
transferred from the Commissioner of
Reclamation to the Director of the
National Park Service by not later than
the date that is 1 year after the date
of enactment of this Act.
(II) Access to transferred land.--
(aa) In general.--Subject
to item (bb), the Commissioner
of Reclamation shall retain
access to the land transferred
to the Director of the National
Park Service under subclause
(I) for reclamation purposes,
including for the operation,
maintenance, and expansion or
replacement of facilities.
(bb) Memorandum of
understanding.--The terms of
the access authorized under
item (aa) shall be determined
by a memorandum of
understanding entered into
between the Commissioner of
Reclamation and the Director of
the National Park Service not
later than 1 year after the
date of enactment of this Act.
(3) Management agreements.--
(A) In general.--The Secretary may enter into
management agreements, or modify management agreements
in existence on the date of enactment of this Act,
relating to the authority of the Director of the
National Park Service, the Commissioner of Reclamation,
the Director of the Bureau of Land Management, or the
Chief of the Forest Service to manage Federal land
within or adjacent to the boundary of the National
Recreation Area.
(B) State land.--The Secretary may enter into
cooperative management agreements for any land
administered by the State that is within or adjacent to
the National Recreation Area, in accordance with the
cooperative management authority under section 101703
of title 54, United States Code.
(4) Recreational activities.--
(A) Authorization.--Except as provided in
subparagraph (B), the Secretary shall allow boating,
boating-related activities, hunting, and fishing in the
National Recreation Area in accordance with applicable
Federal and State laws.
(B) Closures; designated zones.--
(i) In general.--The Secretary, acting
through the Superintendent of the National
Recreation Area, may designate zones in which,
and establish periods during which, no boating,
hunting, or fishing shall be permitted in the
National Recreation Area under subparagraph (A)
for reasons of public safety, administration,
or compliance with applicable laws.
(ii) Consultation required.--Except in the
case of an emergency, any closure proposed by
the Secretary under clause (i) shall not take
effect until after the date on which the
Superintendent of the National Recreation Area
consults with--
(I) the appropriate State agency
responsible for hunting and fishing
activities; and
(II) the Board of County
Commissioners in each county in which
the zone is proposed to be designated.
(5) Landowner assistance.--On the written request of an
individual that owns private land located within the area
generally depicted as ``Conservation Opportunity Area'' on the
map entitled ``Preferred Alternative'' in the document entitled
``Report to Congress: Curecanti Special Resource Study'' and
dated June 2009, the Secretary may work in partnership with the
individual to enhance the long-term conservation of natural,
cultural, recreational, and scenic resources in and around the
National Recreation Area--
(A) by acquiring all or a portion of the private
land or interests in private land within the
Conservation Opportunity Area by purchase, exchange, or
donation, in accordance with section 7153;
(B) by providing technical assistance to the
individual, including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement
opportunities.
(6) Incorporation of acquired land and interests.--Any land
or interest in land acquired by the United States under
paragraph (5) shall--
(A) become part of the National Recreation Area;
and
(B) be managed in accordance with this subtitle.
(7) Withdrawal.--Subject to valid existing rights, all
Federal land within the National Recreation Area, including
land acquired pursuant to this section, is withdrawn from--
(A) 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, mineral
materials, and geothermal leasing laws.
(8) Grazing.--
(A) State land subject to a state grazing lease.--
(i) In general.--If State land acquired
under this subtitle is subject to a State
grazing lease in effect on the date of
acquisition, the Secretary shall allow the
grazing to continue for the remainder of the
term of the lease, subject to the related terms
and conditions of user agreements, including
permitted stocking rates, grazing fee levels,
access rights, and ownership and use of range
improvements.
(ii) Access.--A lessee of State land may
continue to use established routes within the
National Recreation Area to access State land
for purposes of administering the lease if the
use was permitted before the date of enactment
of this Act, subject to such terms and
conditions as the Secretary may require.
(B) State and private land.--The Secretary may, in
accordance with applicable laws, authorize grazing on
land acquired from the State or private landowners
under section 7153, if grazing was established before
the date of acquisition.
(C) Private land.--On private land acquired under
section 7153 for the National Recreation Area on which
authorized grazing is occurring before the date of
enactment of this Act, the Secretary, in consultation
with the lessee, may allow the continuation and renewal
of grazing on the land based on the terms of
acquisition or by agreement between the Secretary and
the lessee, subject to applicable law (including
regulations).
(D) Federal land.--The Secretary shall--
(i) allow, consistent with the grazing
leases, uses, and practices in effect as of the
date of enactment of this Act, the continuation
and renewal of grazing on Federal land located
within the boundary of the National Recreation
Area on which grazing is allowed before the
date of enactment of this Act, unless the
Secretary determines that grazing on the
Federal land would present unacceptable impacts
(as defined in section 1.4.7.1 of the National
Park Service document entitled ``Management
Policies 2006: The Guide to Managing the
National Park System'') to the natural,
cultural, recreational, and scenic resource
values and the character of the land within the
National Recreation Area; and
(ii) retain all authorities to manage
grazing in the National Recreation Area.
(E) Termination of leases.--Within the National
Recreation Area, the Secretary may--
(i) accept the voluntary termination of a
lease or permit for grazing; or
(ii) in the case of a lease or permit
vacated for a period of 3 or more years,
terminate the lease or permit.
(9) Water rights.--Nothing in this subtitle--
(A) affects any use or allocation in existence on
the date of enactment of this Act of any water, water
right, or interest in water;
(B) affects any vested absolute or decreed
conditional water right in existence on the date of
enactment of this Act, including any water right held
by the United States;
(C) affects any interstate water compact in
existence on the date of enactment of this Act;
(D) shall be considered to be a relinquishment or
reduction of any water right reserved or appropriated
by the United States in the State on or before the date
of enactment of this Act; or
(E) constitutes an express or implied Federal
reservation of any water or water rights with respect
to the National Recreation Area.
(10) Fishing easements.--
(A) In general.--Nothing in this subtitle
diminishes or alters the fish and wildlife program for
the Aspinall Unit developed under section 8 of the Act
of April 11, 1956 (commonly known as the ``Colorado
River Storage Project Act'') (70 Stat. 110, chapter
203; 43 U.S.C. 620g), by the United States Fish and
Wildlife Service, the Bureau of Reclamation, and the
Colorado Division of Wildlife (including any successor
in interest to that division) that provides for the
acquisition of public access fishing easements as
mitigation for the Aspinall Unit (referred to in this
paragraph as the ``program'').
(B) Acquisition of fishing easements.--The
Secretary shall continue to fulfill the obligation of
the Secretary under the program to acquire 26 miles of
class 1 public fishing easements to provide to
sportsmen access for fishing within the Upper Gunnison
Basin upstream of the Aspinall Unit, subject to the
condition that no existing fishing access downstream of
the Aspinall Unit shall be counted toward the minimum
mileage requirement under the program.
(C) Plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a
plan for fulfilling the obligation of the Secretary
described in subparagraph (B) by the date that is 10
years after the date of enactment of this Act.
(D) Reports.--Not later than each of 2 years, 5
years, and 8 years after the date of enactment of this
Act, the Secretary shall submit to Congress a report
that describes the progress made in fulfilling the
obligation of the Secretary described in subparagraph
(B).
(d) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this subtitle affects the
treaty rights of any Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the National Recreation Area by members of
Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other
materials.
SEC. 7153. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundary of the National Recreation
Area.
(2) Manner of acquisition.--
(A) In general.--Subject to subparagraph (B), land
described in paragraph (1) may be acquired under this
subsection by--
(i) donation;
(ii) purchase from willing sellers with
donated or appropriated funds;
(iii) transfer from another Federal agency;
or
(iv) exchange.
(B) State land.--Land or interests in land owned by
the State or a political subdivision of the State may
only be acquired by purchase, donation, or exchange.
(b) Transfer of Administrative Jurisdiction.--
(1) Forest service land.--
(A) In general.--Administrative jurisdiction over
the approximately 2,500 acres of land identified on the
map as ``U.S. Forest Service proposed transfer to the
National Park Service'' is transferred to the
Secretary, to be administered by the Director of the
National Park Service as part of the National
Recreation Area.
(B) Boundary adjustment.--The boundary of the
Gunnison National Forest shall be adjusted to exclude
the land transferred to the Secretary under
subparagraph (A).
(2) Bureau of land management land.--Administrative
jurisdiction over the approximately 6,100 acres of land
identified on the map as ``Bureau of Land Management proposed
transfer to National Park Service'' is transferred from the
Director of the Bureau of Land Management to the Director of
the National Park Service, to be administered as part of the
National Recreation Area.
(3) Withdrawal.--Administrative jurisdiction over the land
identified on the map as ``Proposed for transfer to the Bureau
of Land Management, subject to the revocation of Bureau of
Reclamation withdrawal'' shall be transferred to the Director
of the Bureau of Land Management on relinquishment of the land
by the Bureau of Reclamation and revocation by the Bureau of
Land Management of any withdrawal as may be necessary.
(c) Potential Land Exchange.--
(1) In general.--The withdrawal for reclamation purposes of
the land identified on the map as ``Potential exchange lands''
shall be relinquished by the Commissioner of Reclamation and
revoked by the Director of the Bureau of Land Management and
the land shall be transferred to the National Park Service.
(2) Exchange; inclusion in national recreation area.--On
transfer of the land described in paragraph (1), the
transferred land--
(A) may be exchanged by the Secretary for private
land described in section 7152(c)(5)--
(i) subject to a conservation easement
remaining on the transferred land, to protect
the scenic resources of the transferred land;
and
(ii) in accordance with the laws (including
regulations) and policies governing National
Park Service land exchanges; and
(B) if not exchanged under subparagraph (A), shall
be added to, and managed as a part of, the National
Recreation Area.
(d) Addition to National Recreation Area.--Any land within the
boundary of the National Recreation Area that is acquired by the United
States shall be added to, and managed as a part of, the National
Recreation Area.
SEC. 7154. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are made
available to carry out this subtitle, the Director of the National Park
Service, in consultation with the Commissioner of Reclamation, shall
prepare a general management plan for the National Recreation Area in
accordance with section 100502 of title 54, United States Code.
SEC. 7155. BOUNDARY SURVEY.
The Secretary (acting through the Director of the National Park
Service) shall prepare a boundary survey and legal description of the
National Recreation Area.
Subtitle E--Grand Canyon Protection
SEC. 7161. WITHDRAWAL OF CERTAIN FEDERAL LAND IN THE STATE OF ARIZONA.
(a) Definition Of Map.--In this section, the term ``Map'' means the
map prepared by the Bureau of Land Management entitled ``Grand Canyon
Protection Act'' and dated January 22, 2021.
(b) Withdrawal.--Subject to valid existing rights, the
approximately 1,006,545 acres of Federal land in the State of Arizona,
generally depicted on the Map as ``Federal Mineral Estate to be
Withdrawn'', including any land or interest in land that is acquired by
the United States after the date of the enactment of this subtitle, are
hereby withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(c) Availability Of Map.--The Map shall be kept on file and made
available for public inspection in the appropriate offices of the
Forest Service and the Bureau of Land Management.
DIVISION G--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
SECTION 1. 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:
DIVISION G--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Shoreside infrastructure and facilities.
Sec. 104. Availability of amounts for acquisition of additional
cutters.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 201. Authorized strength.
Sec. 202. Continuation of officers with certain critical skills on
active duty.
Sec. 203. Number and distribution of officers on active duty promotion
list.
Sec. 204. Coast Guard behavioral health policy.
Sec. 205. Improving representation of women and of racial and ethnic
minorities among Coast Guard active-duty
members.
Subtitle B--Operational Matters
Sec. 206. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 207. Unmanned systems strategy.
Sec. 208. Budgeting of Coast Guard relating to certain operations.
Sec. 209. Report on San Diego maritime domain awareness.
Sec. 210. Great Lakes winter shipping.
Sec. 211. Center of expertise for Great Lakes oil spill search and
response.
Sec. 212. Study on laydown of Coast Guard cutters.
Subtitle C--Other Matters
Sec. 213. Responses of Commandant of the Coast Guard to safety
recommendations.
Sec. 214. Conveyance of Coast Guard vessels for public purposes.
Sec. 215. Acquisition life-cycle cost estimates.
Sec. 216. National Coast Guard Museum funding plan.
Sec. 217. Report on Coast Guard explosive ordnance disposal.
Sec. 218. Pribilof Island transition completion actions.
Sec. 219. Notification of communication outages.
TITLE III--MARITIME
Subtitle A--Shipping
Sec. 301. Nonoperating individual.
Sec. 302. Oceanographic research vessels.
Sec. 303. Atlantic Coast port access routes briefing.
Subtitle B--Vessel Safety
Sec. 304. Fishing vessel safety.
Sec. 305. Requirements for DUKW-type amphibious passenger vessels.
Sec. 306. Exoneration and limitation of liability for small passengers
vessels.
Sec. 307. Automatic identification system requirements.
Subtitle C--Shipbuilding Program
Sec. 308. Qualified vessel.
Sec. 309. Establishing a capital construction fund.
TITLE IV--FEDERAL MARITIME COMMISSION
Sec. 401. Terms and vacancies.
TITLE V--MISCELLANEOUS
Subtitle A--Navigation
Sec. 501. Restriction on changing salvors.
Sec. 502. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 503. Aquatic Nuisance Species Task Force.
Sec. 504. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Subtitle B--Other Matters
Sec. 505. Information on type approval certificates.
Sec. 506. Passenger vessel security and safety requirements.
Sec. 507. Cargo waiting time reduction.
Sec. 508. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 509. Port Coordination Council for Point Spencer.
Sec. 510. Western Alaska oil spill planning criteria.
Sec. 511. Nonapplicability.
Sec. 512. Report on enforcement of coastwise laws.
Sec. 513. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 514. Center of Expertise for Marine Environmental Response.
Sec. 515. Prohibition on entry and operation.
Sec. 516. St. Lucie River railroad bridge.
Sec. 517. Assistance related to marine mammals.
Sec. 518. Manning and crewing requirements for certain vessels,
vehicles, and structures.
TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 601. Definitions.
Sec. 602. Convicted sex offender as grounds for denial.
Sec. 603. Sexual harassment or sexual assault as grounds for suspension
or revocation.
Sec. 604. Accommodation; notices.
Sec. 605. Protection against discrimination.
Sec. 606. Alcohol prohibition.
Sec. 607. Surveillance requirements.
Sec. 608. Master key control.
Sec. 609. Safety management systems.
Sec. 610. Requirement to report sexual assault and harassment.
Sec. 611. Civil actions for personal injury or death of seamen.
Sec. 612. Administration of sexual assault forensic examination kits.
TITLE VII--TECHNICAL AND CONFORMING PROVISIONS
Sec. 701. Technical corrections.
Sec. 702. Transportation worker identification credential technical
amendments.
Sec. 703. Reinstatement.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``years 2020 and 2021'' and inserting ``years 2022 and 2023'';
(2) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``$8,151,620,850 for fiscal
year 2020'' and inserting ``$9,282,360,000 for
fiscal year 2022''; and
(ii) by striking ``$8,396,169,475 for
fiscal year 2021'' and inserting
``$10,210,596,000 for fiscal year 2023'';
(B) in subparagraph (B) by striking ``$17,035,000''
and inserting ``$17,723,520''; and
(C) in subparagraph (C) by striking ``$17,376,000''
and inserting ``$18,077,990'';
(3) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``$2,794,745,000 for fiscal
year 2020'' and inserting ``$3,312,114,000 for
fiscal year 2022''; and
(ii) by striking ``$3,312,114,000 for
fiscal year 2021'' and inserting
``$3,477,600,000 for fiscal year 2023''; and
(B) in subparagraph (B)--
(i) by striking ``$10,000,000 for fiscal
year 2020'' and inserting ``$20,400,000 for
fiscal year 2022''; and
(ii) by striking ``$20,000,000 for fiscal
year 2021'' and inserting ``$20,808,000 for
fiscal year 2023'';
(4) in paragraph (3)--
(A) by striking ``$13,834,000 for fiscal year
2020'' and inserting ``$14,393,220 for fiscal year
2022''; and
(B) by striking ``$14,111,000 for fiscal year
2021'' and inserting ``$14,681,084 for fiscal year
2023''; and
(5) in paragraph (4)--
(A) by striking ``$205,107,000 for fiscal year
2020'' and inserting ``$213,393,180 for fiscal year
2022''; and
(B) by striking ``$209,209,000 for fiscal year
2021'' and inserting ``$217,661,044 for fiscal year
2023''.
SEC. 102. 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. 103. 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, for each of fiscal
years 2022 and 2023, up to $585,000,000 shall be authorized for the
Secretary of the department in which the Coast Guard is operating to
fund the acquisition, construction, rebuilding, or improvement of Coast
Guard shoreside infrastructure and facilities necessary to support
Coast Guard operations and readiness.
(b) Baltimore Coast Guard Yard.--Of the amounts set aside under
subsection (a), up to $175,000,000 shall be authorized to improve
facilities at the Coast Guard Yard in Baltimore, Maryland, including
improvements to piers and wharves, dry dock, capital equipment
utilities, or dredging necessary to facilitate access to such Yard.
(c) Training Center Cape May.--Of the amounts set aside under
subsection (a), up to $60,000,000 shall be authorized to fund Phase I,
in fiscal year 2022, and 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.
(d) Mitigation of Hazard Risks.--In carrying out projects with
funds authorized under this section, 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.
(e) Fort Wadsworth, New York.--Of the amounts set aside under
subsection (a), up to $1,200,000 shall be authorized to fund a
construction project to--
(1) complete repairs to the United States Coast Guard
Station, New York, waterfront, including repairs to the
concrete pier; and
(2) replace floating piers Alpha and Bravo, the South
Breakwater and Ice Screen, the North Breakwater and Ice Screen,
and the seawall.
SEC. 104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL
CUTTERS.
(a) In General.--Of the amounts authorized to be appropriated
under--
(1) section 4902(2)(A)(i) of title 14, United States Code,
as amended by section 101 of this title, for fiscal year 2022;
(A) $300,000,000 shall be authorized for the
acquisition of a twelfth National Security Cutter; and
(B) $210,000,000 shall be authorized for the
acquisition of 3 Fast Response Cutters; and
(2) section 4902(2)(A)(ii) of title 14, United States Code,
as amended by section 101 of this title, for fiscal year 2023;
(A) $300,000,000 shall be authorized for the
acquisition of a twelfth National Security Cutter; and
(B) $210,000,000 shall be authorized for the
acquisition of 3 Fast Response 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.
(c) Great Lakes Icebreaker Acquisition.--Of the amounts authorized
to be appropriated under section 4902(2)(A)(ii) of title 14, United
States Code--
(1) 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); and
(2) for fiscal year 2023, $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.
(d) Drug and Migrant Interdiction.--Of the Fast Response Cutters
authorized for acquisition under subsection (a), at least 1 shall be
used for drug and migrant interdiction in the Caribbean Basin
(including the Gulf of Mexico).
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
SEC. 201. 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. 202. 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. 203. 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 2
percent for no more than 60 days following 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
paragraph (1), and each 30 days thereafter until the total
number of commissioned officers no longer exceeds the number of
such officers permitted under paragraph (1), 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 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. 204. COAST GUARD BEHAVIORAL HEALTH POLICY.
(a) Interim Behavioral Health Policy.--Not later than 60 days after
the date of enactment of this Act, the Commandant of the Coast Guard
shall establish an interim behavioral health policy for members of the
Coast Guard equivalent to the policy described in section 5.28
(relating to behavioral health) of Department of Defense Instruction
6130.03, volume 2, ``Medical Standards for Military Service:
Retention''.
(b) Termination.--The interim policy established under subsection
(a) shall remain in effect until the date on which the Commandant
issues a permanent behavior health policy for members of the Coast
Guard which is, to the extent practicable, equivalent to such section
5.28.
SEC. 205. IMPROVING REPRESENTATION OF WOMEN AND OF 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, the Commandant of the Coast Guard shall--
(1) determine which recommendations in the RAND
representation report can 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 Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the actions the Commandant has taken, or
plans to take, to implement such recommendations.
(b) Curriculum and Training.--The Commandant shall update, to
reflect actions described under subsection (a)(2), the curriculum and
training materials used 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.--In this section, the term ``RAND representation
report'' means the report titled ``Improving the Representation of
Women and Racial/Ethnic Minorities Among U.S. Coast Guard Active-Duty
Members'' issued by the Homeland Security Operational Analysis Center
of the RAND Corporation on August 11, 2021.
Subtitle B--Operational Matters
SEC. 206. PILOT PROJECT FOR ENHANCING COAST GUARD CUTTER READINESS
THROUGH CONDITION-BASED MAINTENANCE.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Commandant of the Coast Guard shall conduct a pilot
project to enhance cutter readiness and reduce lost patrol days through
the deployment of commercially developed 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
shall--
(1) select at least 1 legacy cutter asset and 1 class of
cutters under construction with respect to which the
application of the pilot project would enhance readiness;
(2) use commercially developed condition-based program
standards similar to those applicable to privately owned and
operated vessels or vessels owned or operated by other Federal
agencies (such as those currently operating under the direction
of Military Sealift Command);
(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) deploy artificial intelligence, prognostic-based
integrated maintenance planning modeled after standards
described in paragraph (2).
(c) 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 6 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 2 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 commercially developed
condition-based program standards for cutter
maintenance to Coast Guard cutters; and
(B) plans to deploy commercially developed
condition-based program standards for cutter
maintenance to Coast Guard cutters.
SEC. 207. UNMANNED SYSTEMS STRATEGY.
(a) Submission to Congress.--Not later than 180 days after the date
of enactment of this Act, 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 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 published on November 12, 2020,
titled ``Leveraging Unmanned Systems for Coast Guard Missions:
A Strategic Imperative'';
(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.
(b) Pilot Project.--
(1) Autonomous control and computer vision technology.--The
Commandant of the Coast Guard, acting through the Blue
Technology Center of Expertise, shall conduct a pilot project
to retrofit an existing Coast Guard small boat with--
(A) commercially available autonomous control and
computer vision technology; and
(B) such sensors and methods of communication as
are necessary to demonstrate the ability of such
control and technology to assist in conducting search
and rescue, surveillance, and interdiction missions.
(2) Collection of data.--The pilot project under paragraph
(1) shall evaluate commercially available products in the field
and collect operational data to inform future requirements.
(3) Briefing.--Not later than 6 months after completing the
pilot project required under paragraph (1), the Commandant
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 evaluation of
the data derived from the project.
SEC. 208. 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
mission activities
``The Commandant of the Coast Guard shall include in the annual
budget submission of the President under section 1105(a) of title 31, a
dedicated budget line item 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 Coast Guard's defense readiness
mission; and
``(3) any other expenses, costs, or matters the Commandant
determines appropriate or otherwise of interest to Congress.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14,
United States Code, is further amended by adding at the end the
following:
``5114. Expenses of performing and executing defense readiness mission
activities.''.
SEC. 209. REPORT ON SAN DIEGO MARITIME DOMAIN AWARENESS.
Not later than 180 days after the date of enactment of this Act,
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 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. 210. GREAT LAKES WINTER SHIPPING.
(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--
(i) evaluate--
(I) the economic impact related to
vessel delays or cancellations
associated with ice coverage on the
Great Lakes;
(II) the impact the standards
proposed in paragraph (2) would have on
Coast Guard operations in the Great
Lakes if such standards were adopted;
(III) the fleet mix of medium
icebreakers and icebreaking tugs
necessary to meet the standards
proposed in paragraph (2); and
(IV) the resources necessary to
support the fleet described in
subclause (III), including billets for
crew and operating costs; and
(ii) make recommendations to the Commandant
for improvements to the Great Lakes icebreaking
program, including with respect to facilitating
shipping and meeting all Coast Guard mission
needs.
(2) Proposed standards for icebreaking operations.--The
proposed standards, the impact of the adoption of which is
evaluated in subclauses (II) and (III) of paragraph (1)(B)(i),
are the following:
(A) Except as provided in subparagraph (B), the
ice-covered waterways in the Great Lakes shall be open
to navigation not less than 90 percent of the hours
that vessels engaged in commercial service and ferries
attempt to transit such ice-covered waterways.
(B) In a year in which the Great Lakes are not open
to navigation, as described in subparagraph (A),
because of ice of a thickness that occurs on average
only once every 10 years, ice-covered waterways in the
Great Lakes shall be open to navigation at least 70
percent of the hours that vessels engaged in commercial
service 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) with which the Commandant concurs.
(B) With respect to any recommendation made under
paragraph (1)(B)(ii) with which the Commandant does not
concur, an explanation of the reasons why the
Commandant does not concur.
(C) A review of, and a proposed implementation plan
for, the results of the fleet mix analysis under
paragraph (1)(B)(i)(III).
(D) Any proposed modifications to current Coast
Guard standards for icebreaking operations in the Great
Lakes.
(4) Pilot program.--During the 5 ice seasons following the
date of enactment of this Act, the Coast Guard shall conduct a
pilot program to determine the extent to which the current
Coast Guard Great Lakes icebreaking cutter fleet can meet the
proposed standards described in paragraph (2).
(b) Data on Icebreaking Operations in the Great Lakes.--
(1) In general.--The Commandant shall collect, during ice
season, archive, and disseminate data on icebreaking operations
and transits on ice-covered waterways in the Great Lakes of
vessels engaged in commercial service and ferries.
(2) Elements.--Data collected, archived, and disseminated
under paragraph (1) shall include the following:
(A) Voyages by vessels engaged in commercial
service and ferries to transit ice-covered waterways in
the Great Lakes that are delayed or canceled because of
the nonavailability of a suitable icebreaking vessel.
(B) Voyages attempted by vessels engaged in
commercial service and ferries to transit ice-covered
waterways in the Great Lakes that do not reach their
intended destination because of the nonavailability of
a suitable icebreaking vessel.
(C) The period of time that each vessel engaged in
commercial service or ferry was delayed in getting
underway or during a transit of ice-covered waterways
in the Great Lakes due to the nonavailability of a
suitable icebreaking vessel.
(D) The period of time elapsed between each request
for icebreaking assistance by a vessel engaged in
commercial service or ferry and the arrival of a
suitable icebreaking vessel and whether such
icebreaking vessel was a Coast Guard or commercial
asset.
(E) The percentage of hours that Great Lakes ice-
covered waterways were open to navigation while vessels
engaged in commercial service and ferries attempted to
transit such waterways for each ice season after the
date of enactment of this Act.
(F) Relevant communications of each vessel engaged
in commercial service or ferry with the Coast Guard or
commercial icebreaking service providers with respect
to subparagraphs (A) through (D).
(G) A description of any mitigating circumstance,
such as Coast Guard Great Lakes icebreaker diversions
to higher priority missions, that may have contributed
to the amount of time described in subparagraphs (C)
and (D) or the percentage of time described in
subparagraph (E).
(3) Voluntary reporting.--Any reporting by operators of
commercial vessels engaged in commercial service or ferries
under this section shall be voluntary.
(4) Public availability.--The Commandant shall make the
data collected, archived, and disseminated under this
subsection available to the public on a publicly accessible
internet website of the Coast Guard.
(5) Consultation with industry.--With respect to the Great
Lakes icebreaking operations of the Coast Guard and the
development of the data collected, archived, and disseminated
under this subsection, the Commandant shall consult operators
of--
(A) vessels engaged in commercial service; and
(B) ferries.
(c) Report on Common Hull Design.--Section 8105 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended by striking subsection (b) and
inserting the following:
``(b) Report.--Not later than 90 days after the date of enactment
of this subsection, 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 operational benefits and limitations of a common hull
design for 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.''.
(d) Definitions.--In this section:
(1) Commercial service.--The term ``commercial service''
has the meaning given such term in section 2101 of title 46,
United States Code.
(2) Great lakes.--The term ``Great Lakes''--
(A) has the meaning given such term in section 118
of the Federal Water Pollution Control Act (33 U.S.C.
1268); and
(B) includes harbors adjacent to such waters.
(3) Ice-covered waterway.--The term ``ice-covered
waterway'' means any portion of the Great Lakes in which
vessels engaged in commercial service 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) meet the reasonable demands of shipping;
(B) minimize delays to passenger ferries;
(C) extricate vessels and persons from danger;
(D) prevent damage due to flooding; and
(E) conduct other Coast Guard missions, as
required.
(5) Reasonable demands of shipping.--The term ``reasonable
demands of shipping'' means the safe movement of vessels
engaged in commercial service and ferries transiting ice-
covered waterways in the Great Lakes to their intended
destination, regardless of type of cargo.
SEC. 211. 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. 212. STUDY ON LAYDOWN OF COAST GUARD CUTTERS.
Not later than 120 days after the date of enactment of this Act,
the Secretary of Homeland Security, in consultation with the Secretary
of Transportation, 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.
Subtitle C--Other Matters
SEC. 213. RESPONSES OF COMMANDANT OF THE COAST GUARD 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 submission to
the Commandant of the Coast Guard of a recommendation by the National
Transportation Safety Board relating to transportation safety, the
Commandant shall submit to the Board a written response to each
recommendation, which shall include 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.--A response under subsection (a)
shall include--
``(1) with respect to a recommendation to which the
Commandant concurs, an explanation of the actions the
Commandant intends to take to implement such recommendation;
``(2) with respect to a recommendation to which the
Commandant partially concurs, an explanation of the actions the
Commandant intends to take to implement the portion of such
recommendation with which the Commandant partially concurs; and
``(3) with respect to a recommendation to which the
Commandant does not concur, the reasons why the Commandant does
not concur with such recommendation.
``(c) Failure To Respond.--If the Board has not received the
written response required under subsection (a) by the end of the time
period described in such subsection, the Board shall notify the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that such response has not been
received.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 14,
United States Code, is amended by inserting after the item relating to
section 720 the following:
``721. Responses to safety recommendations.''.
SEC. 214. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
(a) Redesignation and Transfer.--
(1) In general.--Section 914 of the Coast Guard
Authorization Act of 2010 (Public Law 111-281) is transferred
to chapter 5 of title 14, United States Code, inserted after
section 508, redesignated as section 509, and amended so that
the enumerator, section heading, typeface, and typestyle
conform to those appearing in other sections in title 46,
United States Code.
(2) Clerical amendments.--
(A) 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.
(B) Title 46.--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. Conveyance of Coast Guard vessels for public purposes.''.
(b) Conveyance of Coast Guard Vessels for Public Purposes.--Section
509 of title 14, United States Code (as transferred and redesignated
under subsection (a)), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--At the request of the Commandant, the
Administrator of the General Services Administration may transfer
ownership of a Coast Guard vessel or aircraft to an eligible entity for
use 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 such a request
were being processed'' after ``vessels''; and
(ii) by inserting ``, as in effect on the
date of enactment of the Don Young Coast Guard
Authorization Act of 2022'' after ``Code of
Federal Regulations''; and
(B) in paragraph (2) by inserting ``, as in effect
on the date of enactment of the Don Young Coast Guard
Authorization Act of 2022'' after ``such title''.
SEC. 215. 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) such life-cycle cost estimates 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 such life-cycle cost estimates developed under
paragraph (1).''.
SEC. 216. 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. 217. 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 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 on the viability of establishing
an explosive ordnance disposal program (hereinafter 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.
(3) 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.
(4) 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.
(5) 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.
(6) The career progression of Coast Guardsman 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.
(7) 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. 218. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.
(a) Extensions.--Section 524 of the Pribilof Island Transition
Completion Act of 2016 (Public Law 114-120) is amended--
(1) in subsection (b)(5) by striking ``5 years'' and
inserting ``6 years''; and
(2) in subsection (c)(3) by striking ``60 days'' and
inserting ``120 days''.
(b) Actual Use and Occupancy Reports.--Not later than 90 days after
enactment of this Act, and quarterly thereafter, the Secretary of the
department in which the Coast Guard is operating 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.
(c) 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) may 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 such
repairs may be offset under the terms of the lease.
(d) Fuel Tank.--
(1) Determination.--Not later than 30 days after the date
of enactment of this Act, the Secretary shall determine whether
the fuel tank located on St. Paul Island, Alaska, that is owned
by the Coast Guard is needed for Coast Guard operations.
(2) Transfer.--Subject to paragraph (3), if the Secretary
determines such tank is not needed for operations, the
Secretary shall, not later than 90 days after making such
determination, transfer such tank to the Alaska Native Village
Corporation for St. Paul Island, Alaska.
(3) Fair market value exception.--The Secretary may only
carry out a transfer under paragraph (2) if the fair market
value of such tank is less than the aggregate value of any
lease payments for the property on which the tank is located
that the Coast Guard would have paid to the Alaska Native
Village Corporation for St. Paul Island, Alaska, had such lease
been extended at the same rate.
(e) 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. 219. NOTIFICATION OF COMMUNICATION OUTAGES.
Not later than 180 days after the date of enactment of this Act,
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 that--
(1) contains a plan for the Coast Guard to notify mariners
of radio outages for towers owned and operated by the Coast
Guard in District 17;
(2) address in such plan how the Coast Guard in District 17
will--
(A) disseminate outage updates regarding outages on
social media at least every 48 hours;
(B) provide updates on a publicly accessible
website at least every 48 hours;
(C) develop methods for notifying mariners where
cellular connectivity does not exist;
(D) generate receipt confirmation and
acknowledgment of outages from mariners; and
(E) develop and advertise a web-based
communications update hub on AM/FM radio for mariners;
and
(3) identifies technology gaps necessary to implement the
plan and provide a budgetary assessment necessary to implement
the plan.
TITLE III--MARITIME
Subtitle A--Shipping
SEC. 301. 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. 302. 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 of the department in which the Coast Guard is
operating, 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 by 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. 303. ATLANTIC COAST PORT ACCESS ROUTES BRIEFING.
Not later than 30 days after the date of enactment of this Act, and
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 of the department in
which the Coast Guard is operating 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.
Subtitle B--Vessel Safety
SEC. 304. 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 ``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 table of sections in chapter 45 of
title 46, United States Code, is amended by striking the item relating
to section 4503a.
SEC. 305. REQUIREMENTS FOR DUKW-TYPE AMPHIBIOUS PASSENGER VESSELS.
(a) Regulations Required.--Not later than 1 year after the date of
enactment of this Act, the Commandant of the Coast Guard shall issue
regulations for DUKW-type amphibious passenger vessels operating in
waters subject to the jurisdiction of the United States, as defined in
section 2.38 of title 33, Code of Federal Regulations (as in effect on
the date of enactment of this Act).
(b) Deadline for Compliance.--The regulations issued under
subsection (a) shall take effect not later than 24 months after the
date of enactment of this Act.
(c) Requirements.--The regulations required under subsection (a)
shall include the following:
(1) A requirement that operators of DUKW-type 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) A requirement that an operator of a DUKW-type
amphibious passenger vessel--
(A) review and notate the forecast of the National
Weather Service of the National Oceanic and Atmospheric
Administration in the logbook of the vessel before
getting underway and periodically while underway;
(B) 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-type amphibious
passenger vessel; and
(C) 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.
(3) A requirement that--
(A) operators of DUKW-type 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).
(4) A requirement for annual training for operators and
crew of DUKW-type amphibious passengers 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.
(d) 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-type amphibious passenger vessel.
(e) Interim Requirements.--Beginning on the date on which the
regulations under subsection (a) are issued, the Commandant shall
require that operators of DUKW-type amphibious passenger vessels that
are not in compliance with such regulations shall be subject to 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.
SEC. 306. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGERS
VESSELS.
(a) Restructuring.--Chapter 305 of title 46, United States Code, is
amended--
(1) by inserting the following before section 30501 the
following:
``Subchapter I--General Provisions'';
(2) by inserting the following before section 30503:
``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) Clerical Amendment.--The item relating to section 30501 in the
analysis for chapter 305 of title 46, United States Code, is amended to
read as follows:
``30501. Definitions.''.
(d) Applicability.--Section 30502 of title 46, United States Code,
is amended by inserting ``as to covered small passenger vessels, and''
before ``as otherwise provided''.
(e) Provisions Requiring Notice of Claim or Limiting Time for
Bringing Action.--Section 30526 of title 46, United States Code, as
redesignated by subsection (a), is amended--
(1) in subsection (a), by inserting ``and covered small
passenger vessels'' after ``seagoing vessels'';
(2) in subsection (b)(1), by striking ``6 months'' and
inserting ``2 years''; and
(3) in subsection (b)(2), by striking ``one year'' and
inserting ``2 years''.
(f) Tables of Subchapters and Tables of Sections.--The table of
sections for 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 after section 30502 the following:
``subchapter ii--exoneration and limitation of liability'';
and
(3) by redesignating the items relating to sections 30503
through 30512 as items relating to sections 30521 through
30530, respectively.
(g) 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. 307. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS.
(a) Requirement for Fishing Vessels To Have Automatic
Identification Systems.--Section 70114(a)(1) of title 46, United States
Code, is amended--
(1) by striking ``, while operating on the navigable waters
of the United States,'';
(2) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv);
(3) by inserting before clauses (i) through (iv), as
redesignated by paragraph (2), the following:
``(A) While operating on the navigable waters of the United
States:''; and
(4) by adding at the end the following:
``(B) A vessel of the United States that is more than 65
feet overall in length, while engaged in fishing, fish
processing, or fish tendering operations on the navigable
waters of the United States or in the United States exclusive
economic zone.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Commerce for fiscal year 2022,
$5,000,000, to remain available until expended, to purchase automatic
identification systems for fishing vessels, fish processing vessels,
fish tender vessels more than 50 feet in length, as described under
this section and the amendments made by this section.
Subtitle C--Shipbuilding Program
SEC. 308. QUALIFIED VESSEL.
(a) Eligible Vessel.--Section 53501(2) of title 46, United States
Code, is amended--
(1) in subparagraph (A)(iii) by striking ``and'' at the
end;
(2) in subparagraph (B)(v) by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following:
``(C) a ferry, as such term is defined in section
2101; and
``(D) a passenger vessel or small passenger vessel,
as such terms are defined in section 2101, that has a
passenger capacity of 50 passengers or greater.''.
(b) Qualified Vessel.--Section 53501(5) of title 46, United States
Code, is amended--
(1) in subparagraph (A)(iii) by striking ``and'' at the
end;
(2) in subparagraph (B)(v) by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following:
``(C) a ferry, as such term is defined in section
2101; and
``(D) a passenger vessel or small passenger vessel,
as such terms are defined in section 2101, that has a
passenger capacity of 50 passengers or greater.''.
SEC. 309. ESTABLISHING A CAPITAL CONSTRUCTION FUND.
Section 53503(b) of title 46, United States Code, is amended by
inserting ``(including transportation on a ferry, passenger vessel, or
small passenger vessel, as such terms are defined in section 2101, that
has a passenger capacity of 50 passengers or greater)'' after ``short
sea transportation''.
TITLE IV--FEDERAL MARITIME COMMISSION
SEC. 401. TERMS AND VACANCIES.
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''.
TITLE V--MISCELLANEOUS
Subtitle A--Navigation
SEC. 501. RESTRICTION 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) An owner or operator may not change salvors as part
of a deviation under subparagraph (B) in cases in which the
original salvor satisfies the Coast Guard requirements in
accordance with the National Contingency Plan and the
applicable response plan required under subsection (j).
``(D) In any case in which the Coast Guard 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 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.''.
SEC. 502. PROVIDING REQUIREMENTS FOR VESSELS ANCHORED IN ESTABLISHED
ANCHORAGE GROUNDS.
(a) In General.--Section 70006 of title 46, United States Code, is
amended to read as follows:
``Sec. 70006. 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 of the department in
which the Coast Guard is operating shall complete a review of
existing anchorage regulations and identify regulations that
may need modification--
(A) in the interest of marine safety, security, and
environmental concerns, taking into account undersea
pipelines, cables, or other infrastructure; and
(B) to implement the amendments made by this
section.
(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 Subcommittee on Coast Guard and Maritime
Transportation of the Committee on Transportation and
Infrastructure of the House of Representatives that summarizes
the review.
(c) Clerical Amendment.--The table of sections for chapter 700 of
title 46, United States Code, is amended by striking the item relating
to section 70006 and inserting the following:
``70006. Anchorage grounds.''.
(d) 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. 503. 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.--In carrying out paragraph (4),
including the development of recommendations, the Task Force
may consult with--
``(A) State fish and wildlife management agencies;
``(B) other State 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. 504. 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.
Subtitle B--Other Matters
SEC. 505. INFORMATION ON TYPE APPROVAL CERTIFICATES.
(a) In General.--Title IX of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by adding at
the end the following:
``SEC. 904. INFORMATION ON TYPE APPROVAL CERTIFICATES.
``The Commandant of the Coast Guard shall, upon request by any
State, the District of Columbia, or territory of the United States,
provide all data possessed by the Coast Guard pertaining to challenge
water quality characteristics, challenge water biological organism
concentrations, post-treatment water quality characteristics, and post-
treatment biological organism concentrations data for a ballast water
management system with a type approval certificate approved by the
Coast Guard pursuant to subpart 162.060 of title 46, Code of Federal
Regulations.''.
(b) Clerical Amendment.--The table of contents for the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282) is
amended by inserting after the item relating to section 903 the
following:
``904. Information on type approval certificates.''.
SEC. 506. 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. 507. CARGO WAITING TIME REDUCTION.
(a) Interagency Task Force.--The President shall, acting through
the Supply Chain Disruptions Task Force established under Executive
Order 14017 (relating to supply chains) of February 24, 2021 (86 Fed.
Reg. 11849) (hereinafter referred to as the ``Task Force''), carry out
the duties described in subsection (c).
(b) Duties.--In carrying out this section, the Task Force shall--
(1) evaluate and quantify the economic and environmental
impact of cargo backlogs;
(2) evaluate and quantify the costs incurred by each
Federal agency represented on the Task Force, and by State and
local governments, due to such cargo backlogs;
(3) evaluate the responses of each such Federal agency to
such cargo backlogs; and
(4) not later than 90 days after the date of enactment of
this Act--
(A) develop a plan to--
(i) significantly reduce or eliminate such
cargo backlog; and
(ii) reduce nationwide cargo processing
delays, including the Port of Los Angeles and
the Port of Long Beach; and
(B) 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 the plan developed under
subparagraph (A).
(c) Report of the Commandant.--No later than 90 days after the date
of enactment of this Act, 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 on cargo backlogs 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--
(A) provide additional protections against oil
spills caused by anchor strikes; and
(B) address other safety concerns and environmental
impacts.
SEC. 508. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE
CONTRACTS.
(a) In General.--Subject to subsections (b) and (c), a contract 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. 509. 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) by striking paragraphs (1) and (2)
and inserting the following:
``(1) BSNC (to serve as Council Chair).
``(2) The Secretary of Homeland Security.
``(3) An Oil Spill Response Organization that serves the
area in which such Port is located.
``(4) The State.'';
(2) in subsection (c)(1)--
(A) in subparagraph (B) by adding ``and'' at the
end; and
(B) by striking subparagraphs (C) and (D) and
inserting the following:
``(C) land use planning and development at Point
Spencer in support of the following activities within
the Bearing Sea, the Chukchi Sea, and the Arctic Ocean:
``(i) Search and rescue.
``(ii) Shipping safety.
``(iii) Economic development.
``(iv) Oil spill prevention and response.
``(v) National security.
``(vi) Major marine casualties.
``(vii) Protection of Alaska Native
archaeological and cultural resources.
``(viii) Port of refuge, arctic research,
and maritime law enforcement.'';
(3) by amending subsection (c)(3) to read as follows:
``(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.''; and
(4) in subsection (e)--
(A) by striking ``Operations and management costs''
and inserting the following:
``(1) Determination of costs.--Operations and management
costs''; and
(B) by adding at the end the following:
``(2) Funding.--To facilitate the mooring buoy system in
Port Clarence and to assist the Council in the development of
other oil spill prevention and response infrastructure,
including reactivating the airstrip at Point Spencer with
appropriate technology and safety equipment in support of
response operations, there is authorized to be made available
$5,000,000 for each of fiscal years 2023 through 2025 from the
interest generated from the Oil Spill Liability Trust Fund.''.
SEC. 510. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.
(a) Western Alaska Oil Spill Planning Criteria.--Section 311(j)(5)
of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)) is
amended by adding at the end the following:
``(J)(i) Except as provided in clause (iv)
(including with respect to Cook Inlet), in any case in
which the Secretary has determined 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, a response plan required
under this paragraph with respect to a discharge of oil
for the vessel shall comply with the planning criteria
established under clause (ii), which planning criteria
shall, with respect to a discharge of oil from the
vessel, apply in lieu of any alternative planning
criteria approved for vessels operating in such area.
``(ii) The President shall establish planning
criteria for a worst case discharge of oil, and a
substantial threat of such a discharge, within the area
of responsibility of Western Alaska Captain of the Port
Zone, including planning criteria for the following:
``(I) Oil spill response resources that are
required to be located within 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 area.
``(III) Pre-identified vessels for oil
spill response that are capable of operating in
the ocean environment and required to be
located within such area.
``(IV) Real-time continuous vessel
tracking, monitoring, and engagement protocols
that detect and address vessel operation
anomalies.
``(V) Vessel routing measures consistent
with international routing measure deviation
protocols.
``(VI) Ensuring the availability of at
least one oil spill removal organization that
is classified by the Coast Guard and that--
``(aa) is capable of responding in
all operating environments in such
area;
``(bb) controls oil spill response
resources of dedicated and nondedicated
resources within such area, through
ownership, contracts, agreements, or
other means approved by the President,
sufficient to mobilize and sustain a
response to a worst case discharge of
oil and to contain, recover, and
temporarily store discharged oil; and
``(cc) has pre-positioned oil spill
response resources in strategic
locations throughout such area in a
manner that ensures the ability to
support response personnel, marine
operations, air cargo, or other related
logistics infrastructure.
``(VII) Temporary storage capability using
both dedicated and non-dedicated assets located
within such area.
``(VIII) Non-mechanical oil spill response
resources, to be available under contracts,
agreements, or other means approved by the
President, capable of responding to both a
discharge of persistent oil and a discharge of
non-persistent oil, whether the discharged oil
was carried by a vessel as fuel or cargo.
``(IX) With respect to tank barges carrying
non-persistent oil in bulk as cargo, oil spill
response resources that are required to be
carried on board.
``(X) Ensuring that oil spill response
resources required to comply with this
subparagraph are separate from and in addition
to resources otherwise required to be included
in a response plan for purposes of compliance
with salvage and marine firefighting planning
requirements under this subsection.
``(XI) Specifying a minimum length of time
that approval of a response plan under this
subparagraph is valid.
``(XII) Ensuring compliance with
requirements for the preparation and submission
of vessel response plans established by
regulations pursuant to this paragraph.
``(iii) The President may approve a response plan
for a vessel under this subparagraph only if the owner
or operator of the vessel demonstrates the availability
of the oil spill response resources required to be
included in the response plan under the planning
criteria established under clause (ii).
``(iv) Nothing in this subparagraph 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 applicable to tank
vessels operating within 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.
``(v) The Secretary shall review any determination
that the national planning criteria are inappropriate
for a vessel operating in the area of responsibility of
Western Alaska Captain of the Port Zone not less
frequently than once every five years.
``(vi) For purposes of this subparagraph, the term
`Western Alaska Captain of the Port Zone' means the
area described in section 3.85-15 of title 33, Code of
Federal Regulations, as in effect on the date of
enactment of this subparagraph.''.
(b) Establishment of Alaska Oil Spill Planning Criteria.--
(1) Deadline.--Not later than 2 years after the date of
enactment of this Act, the President shall establish the
planning criteria required to be established under subparagraph
(J) of section 311(j)(5) of the Federal Water Pollution Control
Act of (33 U.S.C. 1321(j)(5)), as added by this section.
(2) Consultation.--In establishing such planning criteria,
the President shall consult with the State of Alaska, owners
and operators of vessels subject to such planning criteria, oil
spill removal organizations, Alaska Native organizations, and
environmental nongovernmental organizations located within the
State of Alaska.
(3) Vessels in cook inlet.--Unless otherwise authorized by
the Secretary of the department in which the Coast Guard, a
vessel may only operate in Cook Inlet, Alaska, under a vessel
response plan that meets the requirements of the national
planning criteria established pursuant to section 311(j)(5) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)).
(c) Congressional Report.--Not later than one year after the date
of enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall submit to Congress a report regarding
the status of implementing the requirements of subparagraph (J) of
section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(5)), as added by this section.
SEC. 511. NONAPPLICABILITY.
Requirements under sections 3507(d), 3507(e), 3508, and 3509 of
title 46, United States Code, shall not apply to the passenger vessel
American Queen (U.S. Coast Guard Official Number 1030765) or any other
passenger vessel--
(1) on which construction identifiable with the specific
vessel begins prior to the date of enactment of this Act; and
(2) to which sections 3507 and 3508 would otherwise apply
when such vessels are operating inside the boundary line.
SEC. 512. REPORT ON ENFORCEMENT OF COASTWISE LAWS.
The Commandant of the Coast Guard 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. 513. 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. 514. CENTER OF EXPERTISE FOR MARINE ENVIRONMENTAL RESPONSE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant of the Coast Guard, in consultation with
the Administrator of the National Oceanic and Atmospheric
Administration, shall establish a Center of Expertise for Marine
Environmental Response (referred to in this section as the ``Center of
Expertise'') in accordance with section 313 of title 14, United States
Code.
(b) Location.--The Center of Expertise shall be located in close
proximity to--
(1) an area of the country with quick access to State,
Federal, and international waters, port and marine
environments, coastal and estuary environments, and the
intercoastal waterway;
(2) multiple Coast Guard sea and air stations;
(3) multiple Federal agencies that are engaged in coastal
and fisheries management;
(4) one or more designated national estuaries;
(5) State coastal and wildlife management agencies; and
(6) an institution of higher education with adequate marine
science search laboratory facilities and capabilities and
expertise in coastal marine ecology, ecosystems, environmental
chemistry, fish and wildlife management, coastal mapping, water
resources, and marine technology development.
(c) Functions.--The Center of Expertise shall--
(1) monitor and assess, on an ongoing basis, the state of
knowledge regarding training, education, and technology
development for marine environmental response protocols in
State, Federal, and international waters, port and marine
environments, coastal and estuary environments, and the
intercoastal waterway;
(2) identify any significant gaps in research related to
marine environmental response protocols, including an
assessment of major scientific or technological deficiencies in
responses to past incidents in these waterways that are
interconnected, and seek to fill such gaps;
(3) conduct research, development, testing, and evaluation
for marine environmental response equipment, technologies, and
techniques to mitigate and respond to environmental incidents
in these waterways;
(4) educate and train Federal, State, and local first
responders in--
(A) the incident command system structure;
(B) marine environmental response techniques and
strategies; and
(C) public affairs; and
(5) work with academic and private sector response training
centers to develop and standardize marine environmental
response training and techniques.
(d) Marine Environmental Response Defined.--In this section, the
term ``marine environmental response'' means any response to incidents
that--
(1) impacts--
(A) the marine environment of State, Federal or
international waterways;
(B) port and marine environments;
(C) coastal and estuary environments; or
(D) the intercoastal waterway; and
(2) promotes--
(A) the protection and conservation of the marine
environment;
(B) the health of fish, animal populations, and
endangered species; and
(C) the resilience of coastal ecosystems and
infrastructure.
SEC. 515. 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 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).
(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 of the department
in which the Coast Guard is operating, 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 of the department in
which the Coast Guard is operating 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 of the department in which the Coast
Guard is operating 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 of the department in which the
Coast Guard is operating 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. 516. ST. LUCIE RIVER RAILROAD BRIDGE.
The Commandant of the Coast Guard shall take such actions as are
necessary to implement any recommendations for the St. Lucie River
railroad bridge made by the Coast Guard in the document titled
``Waterways Analysis and Management System for Intracoastal Waterway
Miles 925-1005 (WAMS #07301)'' published by Coast Guard Sector Miami in
2018.
SEC. 517. ASSISTANCE RELATED TO MARINE MAMMALS.
(a) Maritime Environmental and Technical Assistance Program.--
Section 50307(b) of title 46, United States Code, is amended--
(1) in paragraph (1)(D) by striking ``and'' at the end;
(2) in paragraph (2) by striking the period and insert ``;
and''; and
(3) by adding at the end the following:
``(3) technologies that quantifiably reduce underwater
noise from marine vessels, including noise produced incidental
to the propulsion of marine vessels.''.
(b) Assistance to Reduce Impacts of Vessel Strikes and Noise on
Marine Mammals.--
(1) In general.--Chapter 541 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 54102. Assistance to reduce impacts of vessel strikes and noise
on marine mammals
``(a) In General.--The Administrator of the Maritime
Administration, in coordination with the Secretary of the department in
which the Coast Guard is operating, may make grants to, or enter into
contracts or cooperative agreements with, academic, public, private,
and nongovernmental entities to develop and implement mitigation
measures that will lead to a quantifiable reduction in--
``(1) impacts to marine mammals from vessels; and
``(2) underwater noise from vessels, including noise
produced incidental to the propulsion of vessels.
``(b) Eligible Use.--Assistance under this section may be used to
develop, assess, and carry out activities that reduce threats to marine
mammals by--
``(1) reducing--
``(A) stressors related to vessel traffic; and
``(B) vessel strike mortality, and serious injury;
or
``(2) monitoring--
``(A) sound; and
``(B) vessel interactions with marine mammals.
``(c) Priority.--The Administrator shall prioritize assistance
under this section for projects that--
``(1) is based on the best available science on methods to
reduce threats related to vessels traffic;
``(2) collect data on the reduction of such threats;
``(3) reduce--
``(A) disturbances from vessel presence;
``(B) mortality risk; or
``(C) serious injury from vessel strikes; or
``(4) conduct risk assessments, or tracks progress toward
threat reduction.
``(d) Briefing.--The Administrator shall provide to the Committee
on Transportation and Infrastructure of the House of Representatives,
and the Committee on Commerce, Science, and Transportation of the
Senate, an annual briefing that includes the following:
``(1) The name and location of each entity receiving a
grant under this section.
``(2) The amount of each such grant.
``(3) A description of the activities carried out with
assistance provided under this section.
``(4) An estimate of the impact that a project carried out
with such assistance has on the reduction of threats to marine
mammals.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $10,000,000
for each of fiscal years 2022 through 2026, to remain available until
expended.''.
(2) Clerical amendment.--The analysis for chapter 541 of
title 46, United States Code, is amended by adding at the end
the following:
``54102. Assistance to reduce impacts of vessel strikes and noise on
marine mammals.''.
(c) Near Real-time Monitoring and Mitigation Program for Large
Whales.--
(1) In general.--Part of A of subtitle V of title 46,
United States Code, is amended by adding at the end the
following:
``CHAPTER 507--MONITORING AND MITIGATION
``Sec.
``50701. Near real-time monitoring and mitigation program for large
whales.
``50702. Pilot project.
``Sec. 50701. Near real-time monitoring and mitigation program for
large whales
``(a) Establishment.--The Administrator of the Maritime
Administration, in consultation with the Commandant of the Coast Guard,
shall design and deploy a near real-time large whale monitoring and
mitigation program (in this section referred to as the Program)
informed by the technologies, monitoring methods, and mitigation
protocols developed pursuant to the pilot program required under
section 50702.
``(b) Purpose.--The purpose of the Program will be to reduce the
risk to large whales of vessel collisions and to minimize other
impacts.
``(c) Requirements.--In designing and deploying the Program, the
Administrator shall--
``(1) prioritize species of large whales for which vessel
collision impacts are of particular concern;
``(2) prioritize areas where such vessel impacts are of
particular concern;
``(3) develop technologies capable of detecting and
alerting individuals and enforcement agencies of the probable
location of large whales on a near real-time basis, to include
real time data whenever possible;
``(4) inform sector-specific mitigation protocols to
effectively reduce takes of large whales; and
``(5) integrate technology improvements as such
improvements become available.
``(d) Authority.--The Administrator may make grants or enter into
and contracts, leases, or cooperative agreements as may be necessary to
carry out the purposes of this section on such terms as the
Administrator considers appropriate, consistent with Federal
acquisition regulations.
``Sec. 50702. Pilot project
``(a) Establishment.--The Administrator of the Maritime
Administration shall carry out a pilot monitoring and mitigation
project for North Atlantic right whales (in this section referred to as
the `Pilot Program') for purposes of informing a cost-effective,
efficient, and results-oriented near real-time monitoring and
mitigation program for large whales under 50701.
``(b) Pilot Project Requirements.--In carrying out the pilot
program, the Administrator, in coordination with the Commandant of the
Coast Guard, using best available scientific information, shall
identify and ensure coverage of--
``(1) core foraging habitats of North Atlantic right
whales, including--
``(A) the South of the Islands core foraging
habitat;
``(B) the Cape Cod Bay Area core foraging habitat;
``(C) the Great South Channel core foraging
habitat; and
``(D) the Gulf of Maine; and
``(2) important feeding, breeding, calving, rearing, or
migratory habitats of North Atlantic right whales that co-occur
with areas of high risk of mortality, serious injury, or other
impacts to such whales, including from vessels or vessel
strikes.
``(c) Pilot Project Components.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Don Young Coast Guard Authorization Act of
2022, the Administrator, in consultation with the Commandant,
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 and
survey technologies to detect North Atlantic right
whales within core foraging habitats;
``(B) uses dynamic habitat suitability models to
inform the likelihood of North Atlantic right whale
occurrence in core foraging habitat at any given time;
``(C) coordinates with the Integrated Ocean
Observing System and Coast Guard vessel traffic service
centers, and may coordinate with Regional Ocean
Partnerships to leverage monitoring assets;
``(D) integrates historical data;
``(E) integrates new near real-time monitoring
methods and technologies as they become available;
``(F) accurately verifies and rapidly communicates
detection data;
``(G) creates standards for allowing ocean users to
contribute data to the monitoring system using
comparable near real-time monitoring methods and
technologies; and
``(H) communicates the risks of injury to large
whales to ocean users in a way that is most likely to
result in informed decision making regarding the
mitigation of those risks.
``(2) National security considerations.--All monitoring
methods, technologies, and protocols under this section shall
be consistent with national security considerations and
interests.
``(3) Access to data.--The Administrator shall provide
access to data generated by the monitoring system deployed
under paragraph (1) for purposes of scientific research and
evaluation, and public awareness and education, including
through the NOAA Right Whale Sighting Advisory System and
WhaleMap or other successive public web portals, subject to
review for national security considerations.
``(d) Mitigation Protocols.--The Administrator, in consultation
with the Commandant, and with input from affected stakeholders, develop
and deploy mitigation protocols that make use of the near real-time
monitoring system deployed under subsection (c) to direct sector-
specific mitigation measures that avoid and significantly reduce risk
of serious injury and mortality to North Atlantic right whales.
``(e) Reporting.--
``(1) Preliminary report.--Not later than 2 years after the
date of the enactment of the Don Young Coast Guard
Authorization Act of 2022, the Administrator, in consultation
with the Commandant, shall submit to the appropriate
Congressional Committees and make available to the public a
preliminary report which shall include--
``(A) a description of the monitoring methods and
technology in use or planned for deployment;
``(B) analyses of the efficacy of the methods and
technology in use or planned for deployment for
detecting North Atlantic right whales;
``(C) how the monitoring system is directly
informing and improving North American right whale
management, health, and survival;
``(D) a prioritized identification of technology or
research gaps;
``(E) a plan to communicate the risks of injury to
large whales to ocean users in a way that is most
likely to result in informed decision making regarding
the mitigation of those risks; and
``(F) additional information, as appropriate.
``(2) Final report.--Not later than 6 years after the date
of the enactment of the Don Young Coast Guard Authorization Act
of 2022, the Administrator, in consultation with the
Commandant, shall submit to the appropriate congressional
committees and make available to the public a final report,
addressing the components in subparagraph (A) and including--
``(A) an assessment of the benefits and efficacy of
the near real-time monitoring and mitigation program;
``(B) a strategic plan to expand the pilot program
to provide near real-time monitoring and mitigation
measures;
``(i) to additional large whale species of
concern for which such measures would reduce
risk of serious injury or death; and
``(ii) in important feeding, breeding,
calving, rearing, or migratory habitats of
whales that co-occur with areas of high risk of
mortality or serious injury of such whales from
vessel strikes or disturbance;
``(C) a prioritized plan for acquisition,
deployment, and maintenance of monitoring technologies;
``(D) the locations or species for which the plan
would apply; and
``(E) a budget and description of funds necessary
to carry out the strategic plan.
``(f) Additional Authority.--The Administrator may make grants
enter into contracts, leases, or cooperative agreements as may be
necessary to carry out the purposes of this section on such terms as
the Administrator considers appropriate, consistent with Federal
acquisition regulations.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $17,000,000
for each of fiscal years 2022 through 2026.
``(h) Definitions.--In this section and section 50701:
``(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) Core foraging habitats.--The term `core foraging
habitats' means areas with biological and physical
oceanographic features that aggregate Calanus finmarchicus and
where North Atlantic right whales foraging aggregations have
been well documented.
``(3) Near real-time.--The term `near real-time' means
detected activity that is visual, acoustic, or in any other
form, of North Atlantic right whales that are transmitted and
reported as soon as technically feasible after such detected
activity has occurred.
``(4) Large whale.--The term `large whale' means all
Mysticeti species and species within the genera Physeter and
Orcinus.''.
(2) Clerical amendment.--The table of chapters for subtitle
V of title 46, United States Code is amended by adding after
the item related to chapter 505 the following:
``507. Monitoring and Mitigation............................ 50701''.
SEC. 518. MANNING AND CREWING REQUIREMENTS FOR CERTAIN VESSELS,
VEHICLES, AND STRUCTURES.
(a) Authorization of Limited Exemptions From Manning and Crew
Requirement.--Chapter 81 of title 46, United States Code, is amended by
adding at the end the following:
``Sec. 8108. Exemptions from manning and crew requirements
``(a) In General.--The Secretary may provide an exemption described
in subsection (b) to the owner or operator of a covered facility if
each individual who is manning or crewing the covered facility is--
``(1) a citizen of the United States;
``(2) an alien lawfully admitted to the United States for
permanent residence; or
``(3) a citizen of the nation under the laws of which the
vessel is documented.
``(b) Requirements for Eligibility for Exemption.--An exemption
under this subsection is an exemption from the regulations established
pursuant to section 30(a)(3) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356(a)(3)).
``(c) Limitations.--An exemption under this section--
``(1) shall provide that the number of individuals manning
or crewing the covered facility who are described in paragraphs
(2) and (3) of subsection (a) may not exceed two and one- half
times the number of individuals required to man or crew the
covered facility under the laws of the nation under the laws of
which the covered facility is documented; and
``(2) shall be effective for not more than 12 months, but
may be renewed by application to and approval by the Secretary.
``(d) Application.--To be eligible for an exemption or a renewal of
an exemption under this section, the owner or operator of a covered
facility shall apply to the Secretary with an application that includes
a sworn statement by the applicant of all information required for the
issuance of the exemption.
``(e) Revocation.--
``(1) In general.--The Secretary--
``(A) may revoke an exemption for a covered
facility under this section if the Secretary determines
that information provided in the application for the
exemption was false or incomplete, or is no longer true
or complete; and
``(B) shall immediately revoke such an exemption if
the Secretary determines that the covered facility, in
the effective period of the exemption, was manned or
crewed in a manner not authorized by the exemption.
``(2) Notice required.--The Secretary shall provides notice
of a determination under subparagraph (A) or (B) of paragraph
(1) to the owner or operator of the covered facility.
``(f) Review of Compliance.--The Secretary shall periodically, but
not less than once annually, inspect each covered facility that
operates under an exemption under this section to verify the owner or
operator of the covered facility's compliance with the exemption.
During an inspection under this subsection, the Secretary shall require
all crew members serving under the exemption to hold a valid
transportation security card issued under section 70105.
``(g) Penalty.--In addition to revocation under subsection (e), the
Secretary may impose on the owner or operator of a covered facility a
civil penalty of $10,000 per day for each day the covered facility--
``(1) is manned or crewed in violation of an exemption
under this subsection; or
``(2) operated under an exemption under this subsection
that the Secretary determines was not validly obtained.
``(h) Notification of Secretary of State.--The Secretary shall
notify the Secretary of State of each exemption issued under this
section, including the effective period of the exemption.
``(i) Definitions.--In this section:
``(1) Covered facility.--The term `covered facility' means
any vessel, rig, platform, or other vehicle or structure, over
50 percent of which is owned by citizens of a foreign nation or
with respect to which the citizens of a foreign nation have the
right effectively to control, except to the extent and to the
degree that the President determines that the government of
such foreign nation or any of its political subdivisions has
implemented, by statute, regulation, policy, or practice, a
national manning requirement for equipment engaged in the
exploring for, developing, or producing resources, including
non-mineral energy resources in its offshore areas.
``(2) Secretary.--The term `Secretary' means the Secretary
of the department in which the Coast Guard is operating.''.
(b) Annual Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report containing information on
each letter of nonapplicability of section 8109 of title 46,
United States Code, with respect to a covered facility that was
issued by the Secretary during the preceding year.
(2) Contents.--The report under paragraph (1) shall
include, for each covered facility--
(A) the name and International Maritime
Organization number;
(B) the nation in which the covered facility is
documented;
(C) the nationality of owner or owners; and
(D) for any covered facility that was previously
issued a letter of nonapplicability in a prior year,
any changes in the information described in
subparagraphs (A) through (C).
(c) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations that
specify the documentary and other requirements for the issuance of an
exemption under the amendment made by this section.
(d) Existing Exemptions.--
(1) Effect of amendments; termination.--Each exemption
under section 30(c)(2) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356(c)(2)) issued before the date of the enactment
of this Act--
(A) shall not be affected by the amendments made by
this section during the 120-day period beginning on the
date of the enactment of this Act; and
(B) shall not be effective after such period.
(2) Notification of holders.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
notify all persons that hold such an exemption that it will
expire as provided in paragraph (1).
(e) Clerical Amendment.--The analysis for chapter 81 of the title
46, United States Code, is amended by adding at the end the following:
``8108. Exemptions from manning and crew requirements.''.
TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
SEC. 601. 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 State, local, or Tribal offense.
``(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 deliberate or repeated unwelcome verbal
comment or gesture of a sexual nature by any fellow
employee of the complainant.''.
(b) Report.--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 any changes the
Commandant may propose to the definitions added by the amendments in
subsection (a).
SEC. 602. 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 chapter 109A of title 18, except for
subsection (b) of section 2244 of title 18, or a substantially similar
State, local, or Tribal offense.
``(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 State, local, or Tribal offense.''.
(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. 603. 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) Investigation by the coast guard.--An investigation
by the Coast Guard under paragraph (1)(B) shall include, at a
minimum, evaluation of the following materials that, upon
request, shall be provided to the Coast Guard:
``(A) Any inquiry or determination made by the
employer or former employer of the individual as to
whether the individual committed sexual harassment or
sexual assault.
``(B) Any investigative materials, documents,
records, or files in the possession of an employer or
former employer of the individual that are related to
the claim of sexual harassment or sexual assault by the
individual.
``(3) 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 chapter analysis of 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. 604. 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 contact information, website
address, and mobile application to the Coast
Guard Investigative Services for reporting of
crimes and the Coast Guard National Command
Center;
``(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. 605. PROTECTION AGAINST DISCRIMINATION.
Section 2114(a)(1) of title 46, United States Code, is amended--
(1) by redesignating subparagraphs (B) through (G) as
subparagraphs (C) through (H), respectively; and
(2) 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;''.
SEC. 606. ALCOHOL PROHIBITION.
(a) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall, taking into account the
safety and security of every individual on documented vessels,
issue such regulations as are necessary relating to alcohol
consumption on documented vessels, according to the following
requirements:
(A) The Secretary shall determine safe levels of
alcohol consumption by crewmembers aboard documented
vessels engaged in commercial service.
(B) If the Secretary determines there is no alcohol
policy that can be implemented to ensure a safe
environment for crew and passengers, the Secretary
shall implement a prohibition on possession and
consumption of alcohol by crewmembers while aboard a
vessel, except when possession is associated with the
commercial sale or gift to non-crew members aboard the
vessel.
(C) To the extent a policy establishes safe levels
of alcohol consumption in accordance with subparagraph
(A), such policy shall not supersede a vessel owner's
discretion to further limit or prohibit alcohol on its
vessels.
(2) Immunity from civil liability.--Any crewmember who
reports an incident of sexual assault or sexual harassment that
is directly related to a violation of the regulations issued
under paragraph (1) is immune from civil liability for any
related violation of such regulations.
SEC. 607. 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 persons on board--
``(A) is on a voyage of at least 600 miles and
crosses seaward of the Boundary Line; or
``(B) is 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
persons on board that are operating for no less than 72 hours
on waters superjacent to the Outer Continental Shelf.
``(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.--
``(1) In general.--The owner of a vessel to which this
section applies shall provide to any Federal, state, or other
law enforcement official performing official duties in the
course and scope of a criminal or marine safety investigation,
upon request, a copy of all records of video and audio
surveillance that the official believes is relevant to the
investigation.
``(2) Civil actions.--Except as proscribed by law
enforcement authorities or court order, the owner of a vessel
to which this section applies shall, upon written request,
provide to any individual or the individual's legal
representative a copy of all records of video and audio
surveillance--
``(A) in which the individual is a subject of the
video and audio surveillance;
``(B) the request is in conjunction with a legal
proceeding or investigation; and
``(C) that may provide evidence of any sexual
harassment or sexual assault incident in a civil
action.
``(3) Limited access.--The owner of a vessel to which this
section applies shall ensure that access to records of video
and audio surveillance is limited to the purposes described in
this paragraph and 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 150 days 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 4 years from the date of
the alleged incident. The Federal Bureau of Investigation and the Coast
Guard are authorized access to all records of video and audio
surveillance relevant to an investigation into criminal conduct.
``(g) Definition.--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. 608. 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. 609. SAFETY MANAGEMENT SYSTEMS.
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
shipboard personnel on--
``(A) prevention;
``(B) bystander intervention;
``(C) reporting;
``(D) response; and
``(E) investigation;
``(6) the log book required under section 3106;'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), 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.''.
SEC. 610. 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 Crew Member.--
``(1) In general.--A crew member of a documented vessel
shall report to the Secretary any complaint or incident of
sexual harassment or sexual assault of which the crewmember has
first-hand or personal knowledge.
``(2) Penalty.--A crew member with first-hand or personal
knowledge of a sexual assault or sexual harassment incident on
a documented vessel who knowingly fails to report in compliance
with paragraph (a)(1) is liable to the United States Government
for a civil penalty of not more than $5,000.
``(3) Amnesty.--A crew member who fails to make the
required reporting under paragraph (1) shall not be subject to
the penalty described in paragraph (2) if--
``(A) the crew member is the victim of such sexual
assault or sexual harassment incident;
``(B) the complaint is shared in confidence with
the crew member directly from the victim; or
``(C) the crew member is a victim advocate as
defined in section 40002(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C.
12291(a)).
``(b) Mandatory Reporting by Vessel Owner.--
``(1) In general.--A vessel owner or managing operator of a
documented vessel or the employer of a seafarer on that vessel
shall report to the Secretary any complaint or incident of
harassment, sexual harassment, or sexual assault in violation
of employer policy or law, of which such vessel owner or
managing operator of a vessel engaged in commercial service, or
the employer of the seafarer is made aware. Such reporting
shall include results of any investigation into the incident,
if applicable, and any action taken against the offending
crewmember.
``(2) Penalty.--A vessel owner or managing operator of a
vessel engaged in commercial service, or the employer of a
seafarer on that 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 $25,000.
``(c) Reporting Procedures.--
``(1) Crew member reporting.--A report required under
subsection (a)--
``(A) with respect to a crew member, shall be made
as soon as practicable, but no later than 10 days after
the crew member develops first-hand or personal
knowledge of the sexual assault or sexual harassment
incident to the Coast Guard National Command Center by
the fastest telecommunication channel available; and
``(B) with respect to a master, shall be made
immediately after the master develops first-hand or
personal knowledge of a sexual assault incident to the
Coast Guard National Command Center by the fastest
telecommunication channel available.
``(2) Vessel owner reporting.--A report required under
subsection (b) shall be made immediately after the vessel
owner, managing operator, or employer of the seafarer gains
knowledge of a sexual assault or sexual harassment incident by
the fastest telecommunication channel available, and such
report shall be made to the Coast Guard National Command Center
and to--
``(A) the nearest Coast Guard Captain of the Port;
or
``(B) the appropriate officer or agency of the
government of the country in whose waters the incident
occurs.
``(3) Contents.--A report required under subsections (a)
and (b) shall include, to the best of the reporter's
knowledge--
``(A) the name, official position or role in
relation to the vessel, and contact information of the
individual making the report;
``(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.
``(4) Information collection.--After receipt of the report
made under this subsection, the Coast Guard will collect
information related to the identity of each alleged victim,
alleged perpetrator, and witness through means designed to
protect, to the extent practicable, the personal identifiable
information of such individuals.
``(d) Regulations.--The requirements of this section are effective
as of the date of enactment of the Don Young Coast Guard Authorization
Act of 2022. The Secretary may issue additional regulations to
implement the requirements of this section.''.
SEC. 611. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH OF SEAMEN.
(a) Personal Injury to or Death of Seamen.--Section 30104(a) of
title 46, United States Code, as so designated by section 505(a)(1), is
amended by inserting ``, including an injury resulting from sexual
assault or sexual harassment,'' after ``in the course of employment''.
(b) Time Limit on Bringing Maritime Action.--Section 30106 of title
46, United States Code, is amended--
(1) in the section heading by striking ``for personal
injury or death'';
(2) by striking ``Except as otherwise'' and inserting the
following:
``(a) In General.--Except as otherwise''; and
(3) by adding at the end the following:
``(b) Extension for Sexual Offense.--A civil action under
subsection (a) arising out of a maritime tort for a claim of sexual
harassment or sexual assault shall be brought not more than 5 years
after the cause of action for a claim of sexual harassment or sexual
assault arose.''.
(c) Clerical Amendment.--The analysis for chapter 301 of title 46,
United States Code, is amended by striking the item related to section
30106 and inserting the following:
``30106. Time limit on bringing maritime action.''.
SEC. 612. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION KITS.
(a) In General.--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) Requirement.--A Coast Guard vessel that embarks on a covered
voyage shall be--
``(1) equipped with no less than 2 sexual assault and
forensic examination kits; and
``(2) staffed with at least 1 medical professional
qualified and trained to administer such kits.
``(b) Covered Voyage Defined.--In this section, the term `covered
voyage' means a prescheduled voyage of a Coast Guard vessel that, at
any point during such voyage--
``(1) would require the vessel to travel 5 consecutive days
or longer at 20 knots per hour to reach a land-based or afloat
medical facility; and
``(2) aeromedical evacuation will be unavailable during the
travel period referenced in paragraph (1).''.
(b) Clerical Amendment.--The table of sections for chapter 5 of
title 14, United States Code, is amended by adding at the end the
following:
``564. Administration of sexual assault forensic examination kits.''.
TITLE VII--TECHNICAL AND CONFORMING PROVISIONS
SEC. 701. 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. 702. 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)''; and
(11) 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.''.
SEC. 703. 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
enactment of section 8507(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283); 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 by 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''.
DIVISION H--FINANCIAL TRANSPARENCY
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Financial
Transparency Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
DIVISION H--FINANCIAL TRANSPARENCY
Sec. 1. Short title; table of contents.
Sec. 2. Deeming.
TITLE I--DEPARTMENT OF THE TREASURY
Sec. 101. Data standards.
Sec. 102. Open data publication by the Department of the Treasury.
Sec. 103. Rulemaking.
Sec. 104. No new disclosure requirements.
Sec. 105. Report.
TITLE II--SECURITIES AND EXCHANGE COMMISSION
Sec. 201. Data standards requirements for the Securities and Exchange
Commission.
Sec. 202. Open data publication by the Securities and Exchange
Commission.
Sec. 203. Data transparency at the Municipal Securities Rulemaking
Board.
Sec. 204. Data transparency at national securities associations.
Sec. 205. Shorter-term burden reduction and disclosure simplification
at the Securities and Exchange Commission;
sunset.
Sec. 206. No new disclosure requirements.
TITLE III--FEDERAL DEPOSIT INSURANCE CORPORATION
Sec. 301. Data standards requirements for the Federal Deposit Insurance
Corporation.
Sec. 302. Open data publication by the Federal Deposit Insurance
Corporation.
Sec. 303. Rulemaking.
Sec. 304. No new disclosure requirements.
TITLE IV--OFFICE OF THE COMPTROLLER OF THE CURRENCY
Sec. 401. Data standards and open data publication requirements for the
Office of the Comptroller of the Currency.
Sec. 402. Rulemaking.
Sec. 403. No new disclosure requirements.
TITLE V--BUREAU OF CONSUMER FINANCIAL PROTECTION
Sec. 501. Data standards and open data publication requirements for the
Bureau of Consumer Financial Protection.
Sec. 502. Rulemaking.
Sec. 503. No new disclosure requirements.
TITLE VI--FEDERAL RESERVE SYSTEM
Sec. 601. Data standards requirements for the Board of Governors of the
Federal Reserve System.
Sec. 602. Open data publication by the Board of Governors of the
Federal Reserve System.
Sec. 603. Rulemaking.
Sec. 604. No new disclosure requirements.
TITLE VII--NATIONAL CREDIT UNION ADMINISTRATION
Sec. 701. Data standards.
Sec. 702. Open data publication by the National Credit Union
Administration.
Sec. 703. Rulemaking.
Sec. 704. No new disclosure requirements.
TITLE VIII--FEDERAL HOUSING FINANCE AGENCY
Sec. 801. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 802. Open data publication by the Federal Housing Finance Agency.
Sec. 803. Rulemaking.
Sec. 804. No new disclosure requirements.
TITLE IX--MISCELLANEOUS
Sec. 901. Rules of construction.
Sec. 902. Classified and protected information.
Sec. 903. Discretionary surplus fund.
SEC. 2. DEEMING.
Any reference in this division to ``this Act'' shall be deemed a
reference to ``this division''.
TITLE I--DEPARTMENT OF THE TREASURY
SEC. 101. DATA STANDARDS.
(a) In General.--Subtitle A of title I of the Financial Stability
Act of 2010 (12 U.S.C. 5311 et seq.) is amended by adding at the end
the following:
``SEC. 124. DATA STANDARDS.
``(a) In General.--The Secretary of the Treasury shall, by rule,
promulgate data standards, meaning a standard that specifies rules by
which data is described and recorded, for the information reported to
member agencies by financial entities under the jurisdiction of the
member agency and the data collected from member agencies on behalf of
the Council.
``(b) Standardization.--Member agencies, in consultation with the
Secretary of the Treasury, shall implement regulations promulgated by
the Secretary of the Treasury under subsection (a) to standardize data
reported to member agencies or collected on behalf of the Council, as
described under subsection (a).
``(c) Data Standards.--
``(1) Common identifiers.--The data standards promulgated
under subsection (a) shall include common identifiers for
information reported to member agencies or collected on behalf
of the Council. The common identifiers shall include a common
nonproprietary legal entity identifier that is available under
an open license (as defined under section 3502 of title 44,
United States Code) for all entities required to report to
member agencies.
``(2) Data standard.--The data standards promulgated under
subsection (a) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license;
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Consultation.--In promulgating data standards under
subsection (a), the Secretary of the Treasury shall consult
with the member agencies and with other Federal departments and
agencies and multi-agency initiatives responsible for Federal
data standards.
``(4) Interoperability of data.--In promulgating data
standards under subsection (a), the Secretary of the Treasury
shall seek to promote interoperability of financial regulatory
data across members of the Council.
``(d) Member Agencies Defined.--In this section, the term `member
agencies' does not include the Commodity Futures Trading Commission.''.
(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. 102. OPEN DATA PUBLICATION BY THE DEPARTMENT OF THE TREASURY.
Section 124 of the Financial Stability Act of 2010, as added by
section 101, is amended by adding at the end the following:
``(e) Open Data Publication.--All public information published by
the Secretary of the Treasury under this subtitle shall be made
available as an open Government data asset (as defined under section
3502 of title 44, United States Code), freely available for download in
bulk, and rendered in a human-readable format and accessible via
application programming interface where appropriate.''.
SEC. 103. RULEMAKING.
Not later than the end of the 2-year period beginning on the date
of the enactment of this Act, the Secretary of the Treasury shall issue
the regulations required under the amendments made by this title. The
Secretary may delegate the functions required under the amendments made
by this title to an appropriate office within the Department of the
Treasury.
SEC. 104. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the Secretary of the Treasury to collect or make
publicly available additional information under the statutes amended by
this title, beyond information that was collected or made publicly
available under such statutes before the date of the enactment of this
Act.
SEC. 105. REPORT.
Not later than 1 year after the end of the 2-year period described
in section 103, 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 Act to
arrive at a Federal Government-wide regulatory compliance
standardization mechanism similar to Standard Business Reporting.
TITLE II--SECURITIES AND EXCHANGE COMMISSION
SEC. 201. 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) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(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, 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 such data standards.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''; and
(2) in section 30, 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 such data
standards.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(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 information required to be submitted or
published by a nationally recognized statistical rating
organization under this section.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(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) Characteristics.--The data standards required
by subparagraph (A) shall, to the extent practicable--
``(i) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(ii) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(iii) assure 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 (as defined under section
3502 of title 44, United States Code);
``(v) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(vi) use, be consistent with, and
implement applicable accounting and reporting
principles.
``(C) Incorporation of standards.--In adopting data
standards by rule under this paragraph, the Commission
shall incorporate all applicable data standards
promulgated by the Secretary of the Treasury.''.
(e) Data Standards for Corporate Disclosures Under the Securities
Act of 1933.--Section 7 of the Securities Act of 1933 (15 U.S.C. 77g)
is amended by adding at the end the following:
``(e) Data Standards.--
``(1) 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 such data standards.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(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 information contained in 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 such data
standards.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(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 such data standards.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(h) Data Standards for Security-Based Swap Reporting.--Section 15F
of the Securities Exchange Act of 1934 (15 U.S.C. 78o-10) is amended by
adding at the end the following:
``(m) Data Standards for Security-Based Swap Reporting.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all reports related to security-based swaps
that are required under this Act.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(i) Rulemaking.--
(1) In general.--Not later than the end of the 2-year
period beginning on the date the final rule is promulgated
pursuant to section 124(a) of the Financial Stability Act of
2010, the Securities and Exchange Commission shall issue the
regulations required under the amendments made by this section.
(2) Scaling of regulatory requirements.--In issuing the
regulations required under the amendments made by this section,
the Securities and Exchange Commission 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 the study required under section 205(c), while
still providing searchable information to investors.
(3) Minimizing disruption.--In issuing the regulations
required under the amendments made by this section, the
Securities and Exchange Commission shall seek to minimize
disruptive changes to the persons affected by such regulations.
SEC. 202. 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 information published by
the Commission under the securities laws and the Dodd-Frank Wall Street
Reform and Consumer Protection Act shall be made available as an open
Government data asset (as defined under section 3502 of title 44,
United States Code), freely available for download in bulk and rendered
in a human-readable format and accessible via application programming
interface where appropriate.''.
SEC. 203. DATA TRANSPARENCY AT THE MUNICIPAL SECURITIES RULEMAKING
BOARD.
(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) Data Standards.--
``(A) Requirement.--If the Board establishes information
systems under paragraph (3), the Board shall adopt data
standards for information submitted via such systems.
``(B) Characteristics.--The data standards required by
subparagraph (A) shall, to the extent practicable--
``(i) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(ii) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(iii) assure 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 (as defined under section 3502 of title
44, United States Code);
``(v) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(vi) use, be consistent with, and implement
applicable accounting and reporting principles.
``(C) Incorporation of standards.--In adopting data
standards under this paragraph, the Board shall incorporate all
applicable data standards promulgated by the Secretary of the
Treasury.''.
(b) Rulemaking.--
(1) In general.--Not later than the end of the 2-year
period beginning on the date the final rule is promulgated
pursuant to section 124(a) of the Financial Stability Act of
2010, the Municipal Securities Rulemaking Board shall issue the
regulations required under the amendments made by this section.
(2) Scaling of regulatory requirements.--In issuing the
regulations required under the amendments made by this section,
the Municipal Securities Rulemaking Board may scale data
reporting requirements in order to reduce any unjustified
burden on smaller regulated entities.
(3) Minimizing disruption.--In issuing the regulations
required under the amendments made by this section, the
Municipal Securities Rulemaking Board shall seek to minimize
disruptive changes to the persons affected by such regulations.
SEC. 204. 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) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards under this subsection, the association shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(b) Rulemaking.--
(1) In general.--Not later than the end of the 2-year
period beginning on the date the final rule is promulgated
pursuant to section 124(a) of the Financial Stability Act of
2010, a national securities association shall adopt the
standards required under the amendments made by this section.
(2) Scaling of regulatory requirements.--In adopting the
standards required under the amendments made by this section, a
national securities association may scale data reporting
requirements in order to reduce any unjustified burden on
smaller regulated entities.
(3) Minimizing disruption.--In adopting the standards
required under the amendments made by this section, a national
securities association shall seek to minimize disruptive
changes to the persons affected by such standards.
SEC. 205. 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.--Within six months
after the date of the enactment of this Act, the Commission
shall establish a program to improve the quality of corporate
financial data filed or furnished by issuers under the
Securities Act of 1933, the Securities Exchange Act of 1934,
and the Investment Company Act of 1940. The program shall
include the following:
(A) The designation of an official in the Office of
the Chairman responsible for the improvement of the
quality of data filed with or furnished to the
Commission by issuers.
(B) The issuance by the Division of Corporation
Finance of comment letters requiring correction of
errors in data filings and submissions, where
necessary.
(2) Goals.--In establishing the program under this section,
the 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 six months after the date
of the enactment of this Act, and every six months thereafter,
the Commission shall issue a report to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
on 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, section 13 of the Securities Exchange Act
of 1934, or section 14 of the Securities Exchange Act
of 1934 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 Commission, and issuers;
(C) a summary of enforcement actions that result
from the use or analysis of machine-readable data
collected under section 7 of the Securities Act of
1933, section 13 of the Securities Exchange Act of
1934, or section 14 of the Securities Exchange Act of
1934; and
(D) an analysis of how the Commission is itself
using the machine-readable data collected by the
Commission.
(c) Sunset.--On and after the end of the 7-year period beginning on
the date of the enactment of this Act, this section shall have no force
or effect.
SEC. 206. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the Securities and Exchange Commission, the
Municipal Securities Rulemaking Board, or a national securities
association to collect or make publicly available additional
information under the statutes amended by this title, beyond
information that was collected or made publicly available under such
statutes before the date of the enactment of this Act.
TITLE III--FEDERAL DEPOSIT INSURANCE CORPORATION
SEC. 301. 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) Requirement.--The Corporation shall, by rule, adopt data
standards for all information that the Corporation receives 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.
``(b) Characteristics.--The data standards required by subsection
(a) shall, to the extent practicable--
``(1) render data fully searchable and machine-readable (as
defined under section 3502 of title 44, United States Code);
``(2) enable high quality data through schemas, with
accompanying metadata (as defined under section 3502 of title
44, United States Code) documented in machine-readable taxonomy
or ontology models, which clearly define the data's semantic
meaning as defined by the underlying regulatory information
collection requirements;
``(3) assure 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;
``(4) be nonproprietary or made available under an open
license (as defined under section 3502 of title 44, United
States Code);
``(5) incorporate standards developed and maintained by
voluntary consensus standards bodies; and
``(6) use, be consistent with, and implement applicable
accounting and reporting principles.
``(c) Incorporation of Standards.--In adopting data standards by
rule under this section, the Corporation shall incorporate all
applicable data standards promulgated by the Secretary of the Treasury.
``(d) Financial Company Defined.--For purposes of this section, the
term `financial company' has the meaning given that term under section
201(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5381(a)).''.
SEC. 302. 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 301, is further amended by adding at the end the
following:
``SEC. 53. OPEN DATA PUBLICATION.
``All public information published by the Corporation under this
Act or under the Dodd-Frank Wall Street Reform and Consumer Protection
Act shall be made available as an open Government data asset (as
defined under section 3502 of title 44, United States Code), freely
available for download in bulk and rendered in a human-readable format
and accessible via application programming interface where
appropriate.''.
SEC. 303. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to section
124(a) of the Financial Stability Act of 2010, the Federal Deposit
Insurance Corporation shall issue the regulations required under the
amendments made by this title.
(b) Scaling of Regulatory Requirements.--In issuing the regulations
required under the amendments made by this title, the Federal Deposit
Insurance Corporation may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated entities.
(c) Minimizing Disruption.--In issuing the regulations required
under the amendments made by this title, the Federal Deposit Insurance
Corporation shall seek to minimize disruptive changes to the persons
affected by such regulations.
SEC. 304. 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
statutes amended by this title, beyond information that was collected
or made publicly available under such statutes before the date of the
enactment of this Act.
TITLE IV--OFFICE OF THE COMPTROLLER OF THE CURRENCY
SEC. 401. 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 information that is
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 under section 3 of the Federal Deposit
Insurance Act).
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Comptroller of the
Currency shall incorporate all applicable data standards
promulgated by the Secretary of the Treasury.
``(b) Open Data Publication.--All public information published by
the Comptroller of the Currency under title LXII or the Dodd-Frank Wall
Street Reform and Consumer Protection Act shall be made available as an
open Government data asset (as defined under section 3502 of title 44,
United States Code), freely available for download in bulk and rendered
in a human-readable format and accessible via application programming
interface where appropriate.''.
SEC. 402. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to section
124(a) of the Financial Stability Act of 2010, the Comptroller of the
Currency shall issue the regulations required under the amendments made
by this title.
(b) Scaling of Regulatory Requirements.--In issuing the regulations
required under the amendments made by this title, the Comptroller of
the Currency may scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities.
(c) Minimizing Disruption.--In issuing the regulations required
under the amendments made by this title, the Comptroller of the
Currency shall seek to minimize disruptive changes to the persons
affected by such regulations.
SEC. 403. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the Comptroller of the Currency to collect or make
publicly available additional information under the statutes amended by
this title, beyond information that was collected or made publicly
available under such statutes before the date of the enactment of this
Act.
TITLE V--BUREAU OF CONSUMER FINANCIAL PROTECTION
SEC. 501. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS FOR THE
BUREAU OF CONSUMER FINANCIAL PROTECTION.
(a) In General.--The Consumer Financial Protection Act of 2010 (12
U.S.C. 5481 et seq.) is amended by inserting after section 1018 the
following:
``SEC. 1019. DATA STANDARDS.
``(a) Requirement.--The Bureau shall, by rule, adopt data standards
for all information that is regularly filed with or submitted to the
Bureau.
``(b) Characteristics.--The data standards required by subsection
(a) shall, to the extent practicable--
``(1) render data fully searchable and machine-readable (as
defined under section 3502 of title 44, United States Code);
``(2) enable high quality data through schemas, with
accompanying metadata (as defined under section 3502 of title
44, United States Code) documented in machine-readable taxonomy
or ontology models, which clearly define the data's semantic
meaning as defined by the underlying regulatory information
collection requirements;
``(3) assure 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;
``(4) be nonproprietary or made available under an open
license (as defined under section 3502 of title 44, United
States Code);
``(5) incorporate standards developed and maintained by
voluntary consensus standards bodies; and
``(6) use, be consistent with, and implement applicable
accounting and reporting principles.
``(c) Incorporation of Standards.--In adopting data standards by
rule under this section, the Bureau shall incorporate all applicable
data standards promulgated by the Secretary of the Treasury.
``SEC. 1020. OPEN DATA PUBLICATION.
``All public information published by the Bureau shall be made
available as an open Government data asset (as defined under section
3502 of title 44, United States Code), freely available for download in
bulk and rendered in a human-readable format and 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 inserting after the item relating to section 1018 the
following:
``Sec. 1019. Data standards.
``Sec. 1020. Open data publication.''.
SEC. 502. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to section
124(a) of the Financial Stability Act of 2010, the Bureau of Consumer
Financial Protection shall issue the regulations required under the
amendments made by this title.
(b) Scaling of Regulatory Requirements.--In issuing the regulations
required under the amendments made by this title, the Bureau of
Consumer Financial Protection may scale data reporting requirements in
order to reduce any unjustified burden on smaller regulated entities.
(c) Minimizing Disruption.--In issuing the regulations required
under the amendments made by this title, the Bureau of Consumer
Financial Protection shall seek to minimize disruptive changes to the
persons affected by such regulations.
SEC. 503. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the Bureau of Consumer Financial Protection to
collect or make publicly available additional information under the
statutes amended by this title, beyond information that was collected
or made publicly available under such statutes before the date of the
enactment of this Act.
TITLE VI--FEDERAL RESERVE SYSTEM
SEC. 601. 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 financial data that is
regularly filed with or submitted to the Board of
Governors by any nonbank financial company supervised
by the Board of Governors pursuant to this subsection.
``(B) Characteristics.--The data standards required
by this section shall, to the extent practicable--
``(i) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(ii) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(iii) assure 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 (as defined under section
3502 of title 44, United States Code);
``(v) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(vi) use, be consistent with, and
implement applicable accounting and reporting
principles.
``(C) Incorporation of standards.--In adopting data
standards by rule under this paragraph, the Board of
Governors shall incorporate all applicable data
standards promulgated by the Secretary of the
Treasury.''.
(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 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) Characteristics.--The data standards required by this
subsection shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this section, the Board of Governors
shall incorporate all applicable data standards promulgated by
the Secretary of the Treasury.''.
(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 is regularly filed with or submitted
to the Board by any bank holding company in a report under
subsection (c).
``(2) Characteristics.--The data standards required by this
subsection shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards under this subsection, the Board shall incorporate
all applicable data standards promulgated by the Secretary of
the Treasury.''.
(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 is regularly filed with or
submitted to the Board by any financial market utility or
financial institution under subsection (a) or (b).
``(2) Characteristics.--The data standards required by this
subsection shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure 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;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards under this subsection, the Board of Governors shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
SEC. 602. 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 information published by the Board of Governors under
this Act, the Bank Holding Company Act of 1956, the Financial Stability
Act of 2010, the Home Owners' Loan Act, the Payment, Clearing, and
Settlement Supervision Act of 2010, or the Enhancing Financial
Institution Safety and Soundness Act of 2010 shall be made available as
an open Government data asset (as defined under section 3502 of title
44, United States Code), freely available for download in bulk and
rendered in a human-readable format and accessible via application
programming interface where appropriate.''.
SEC. 603. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to section
124(a) of the Financial Stability Act of 2010, the Board of Governors
of the Federal Reserve System shall issue the regulations required
under the amendments made by this title.
(b) Scaling of Regulatory Requirements.--In issuing the regulations
required under the amendments made by this title, the Board of
Governors of the Federal Reserve System may scale data reporting
requirements in order to reduce any unjustified burden on smaller
regulated entities.
(c) Minimizing Disruption.--In issuing the regulations required
under the amendments made by this title, the Board of Governors of the
Federal Reserve System shall seek to minimize disruptive changes to the
persons affected by such regulations.
SEC. 604. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the Board of Governors of the Federal Reserve
System to collect or make publicly available additional information
under the statutes amended by this title, beyond information that was
collected or made publicly available under such statutes before the
date of the enactment of this Act.
TITLE VII--NATIONAL CREDIT UNION ADMINISTRATION
SEC. 701. 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 information and reports regularly filed with or submitted to
the Administration under this Act.
``(b) Characteristics.--The data standards required by subsection
(a) shall, to the extent practicable--
``(1) render data fully searchable and machine-readable (as
defined under section 3502 of title 44, United States Code);
``(2) enable high quality data through schemas, with
accompanying metadata (as defined under section 3502 of title
44, United States Code) documented in machine-readable taxonomy
or ontology models, which clearly define the data's semantic
meaning as defined by the underlying regulatory information
collection requirements;
``(3) assure 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;
``(4) be nonproprietary or made available under an open
license (as defined under section 3502 of title 44, United
States Code);
``(5) incorporate standards developed and maintained by
voluntary consensus standards bodies; and
``(6) use, be consistent with, and implement applicable
accounting and reporting principles.
``(c) Incorporation of Standards.--In adopting data standards by
rule under this section, the Board shall incorporate all applicable
data standards promulgated by the Secretary of the Treasury.''.
SEC. 702. 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 801, is further amended by adding at the end the
following:
``SEC. 133. OPEN DATA PUBLICATION.
``All public information published by the Administration under this
title shall be made available as an open Government data asset (as
defined under section 3502 of title 44, United States Code), freely
available for download in bulk and rendered in a human-readable format
and accessible via application programming interface where
appropriate.''.
SEC. 703. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to section
124(a) of the Financial Stability Act of 2010, the National Credit
Union Administration Board shall issue the regulations required under
the amendments made by this title.
(b) Scaling of Regulatory Requirements.--In issuing the regulations
required under the amendments made by this title, the National Credit
Union Administration Board may scale data reporting requirements in
order to reduce any unjustified burden on smaller regulated entities.
(c) Minimizing Disruption.--In issuing the regulations required
under the amendments made by this title, the National Credit Union
Administration Board shall seek to minimize disruptive changes to the
persons affected by such regulations.
SEC. 704. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the National Credit Union Administration Board to
collect or make publicly available additional information under the
statutes amended by this title, beyond information that was collected
or made publicly available under such statutes before the date of the
enactment of this Act.
TITLE VIII--FEDERAL HOUSING FINANCE AGENCY
SEC. 801. 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. 4501 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 information that is regularly filed with or submitted to the
Agency under this Act.
``(b) Characteristics.--The data standards required by subsection
(a) shall, to the extent practicable--
``(1) render data fully searchable and machine-readable (as
defined under section 3502 of title 44, United States Code);
``(2) enable high quality data through schemas, with
accompanying metadata (as defined under section 3502 of title
44, United States Code) documented in machine-readable taxonomy
or ontology models, which clearly define the data's semantic
meaning as defined by the underlying regulatory information
collection requirements;
``(3) assure 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;
``(4) be nonproprietary or made available under an open
license (as defined under section 3502 of title 44, United
States Code);
``(5) incorporate standards developed and maintained by
voluntary consensus standards bodies; and
``(6) use, be consistent with, and implement applicable
accounting and reporting principles.
``(c) Incorporation of Standards.--In adopting data standards by
rule under this section, the Agency shall incorporate all applicable
data standards promulgated by the Secretary of the Treasury.''.
SEC. 802. 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. 4501 et seq.), as amended
by section 901, is further amended by adding at the end the following:
``SEC. 1319I. OPEN DATA PUBLICATION.
``All public information published by the Agency under this Act
shall be made available as an open Government data asset (as defined
under section 3502 of title 44, United States Code), freely available
for download in bulk and rendered in a human-readable format and
accessible via application programming interface where appropriate.''.
SEC. 803. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to section
124(a) of the Financial Stability Act of 2010, the Federal Housing
Finance Agency shall issue the regulations required under the
amendments made by this title.
(b) Minimizing Disruption.--In issuing the regulations required
under the amendments made by this title, the Federal Housing Finance
Agency shall seek to minimize disruptive changes to the persons
affected by such regulations.
SEC. 804. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the Federal Housing Finance Agency to collect or
make publicly available additional information under the statutes
amended by this title, beyond information that was collected or made
publicly available under such statutes before the date of the enactment
of this Act.
TITLE IX--MISCELLANEOUS
SEC. 901. RULES OF CONSTRUCTION.
(a) No Effect on Intellectual Property.--Nothing in this Act or the
amendments made by this Act may be construed to alter the existing
legal protections of copyrighted material or other intellectual
property rights of any non-Federal person.
(b) No Effect on Monetary Policy.--Nothing in this Act or the
amendments made by this Act may be construed to apply to activities
conducted, or data standards used, exclusively in connection with a
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 Regulations.--
Nothing in this Act or the amendments made by this Act may be construed
to--
(1) require Federal agencies to incorporate identical data
standards to those promulgated by the Secretary of the
Treasury; or
(2) prohibit Federal agencies from tailoring such standards
when issuing rules under this Act and the amendments made by
this Act to adopt data standards.
SEC. 902. CLASSIFIED AND PROTECTED INFORMATION.
(a) In General.--Nothing in this Act or the amendments made by this
Act 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 section 552a of title 5,
United States Code (commonly known as the ``Privacy Act of
1974''), or section 6103 of the Internal Revenue Code of 1986.
(b) Existing Agency Regulations.--Nothing in this Act or the
amendments made by this Act 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
Bureau of Consumer Financial Protection, the Board of Governors of the
Federal Reserve System, the National Credit Union Administration Board,
or the Federal Housing Finance Agency to amend existing regulations and
procedures regarding the sharing and disclosure of nonpublic
information, including confidential supervisory information.
SEC. 903. DISCRETIONARY SURPLUS FUND.
(a) In General.--The dollar amount specified under section
7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is
reduced by $137,000,000.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on September 30, 2022.
DIVISION I--PUBLIC LANDS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Protecting
America's Wilderness Act''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
TITLE I--COLORADO WILDERNESS
Sec. 101. Short title; definition.
Sec. 102. Additions to National Wilderness Preservation System in the
State of Colorado.
Sec. 103. Administrative provisions.
Sec. 104. Water.
Sec. 105. Sense of Congress.
Sec. 106. Department of defense study on impacts that the expansion of
wilderness designations in the western
united states would have on the readiness
of the armed forces of the united states
with respect to aviation training.
TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING
FORESTS
Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A--Restoration and Economic Development
Sec. 211. South Fork Trinity-Mad River Restoration Area.
Sec. 212. Redwood National and State Parks restoration.
Sec. 213. California Public Lands Remediation Partnership.
Sec. 214. Trinity Lake visitor center.
Sec. 215. Del Norte County visitor center.
Sec. 216. Management plans.
Sec. 217. Study; partnerships related to overnight accommodations.
Subtitle B--Recreation
Sec. 221. Horse Mountain Special Management Area.
Sec. 222. Bigfoot National Recreation Trail.
Sec. 223. Elk Camp Ridge Recreation Trail.
Sec. 224. Trinity Lake Trail.
Sec. 225. Trails study.
Sec. 226. Construction of mountain bicycling routes.
Sec. 227. Partnerships.
Subtitle C--Conservation
Sec. 231. Designation of wilderness.
Sec. 232. Administration of wilderness.
Sec. 233. Designation of potential wilderness.
Sec. 234. Designation of wild and scenic rivers.
Sec. 235. Sanhedrin Special Conservation Management Area.
Subtitle D--Miscellaneous
Sec. 241. Maps and legal descriptions.
Sec. 242. Updates to land and resource management plans.
Sec. 243. Pacific Gas and Electric Company Utility facilities and
rights-of-way.
TITLE III--CENTRAL COAST HERITAGE PROTECTION
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Designation of wilderness.
Sec. 304. Designation of the Machesna Mountain Potential Wilderness.
Sec. 305. Administration of wilderness.
Sec. 306. Designation of Wild and Scenic Rivers.
Sec. 307. Designation of the Fox Mountain Potential Wilderness.
Sec. 308. Designation of scenic areas.
Sec. 309. Condor National Scenic Trail.
Sec. 310. Forest service study.
Sec. 311. Nonmotorized recreation opportunities.
Sec. 312. Use by members of Tribes.
TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION
Sec. 401. Short title.
Sec. 402. Definition of State.
Subtitle A--San Gabriel National Recreation Area
Sec. 411. Purposes.
Sec. 412. Definitions.
Sec. 413. San Gabriel National Recreation Area.
Sec. 414. Management.
Sec. 415. Acquisition of non-Federal land within Recreation Area.
Sec. 416. Water rights; water resource facilities; public roads;
utility facilities.
Sec. 417. San Gabriel National Recreation Area Public Advisory Council.
Sec. 418. San Gabriel National Recreation Area Partnership.
Sec. 419. Visitor services and facilities.
Subtitle B--San Gabriel Mountains
Sec. 421. Definitions.
Sec. 422. National monument boundary modification.
Sec. 423. Designation of Wilderness Areas and Additions.
Sec. 424. Administration of Wilderness Areas and Additions.
Sec. 425. Designation of Wild and Scenic Rivers.
Sec. 426. Water rights.
TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION
Sec. 501. Short title.
Sec. 502. Boundary adjustment; land acquisition; administration.
TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS
Sec. 601. Short title.
Sec. 602. Designation of olympic national forest wilderness areas.
Sec. 603. Wild and scenic river designations.
Sec. 604. Existing rights and withdrawal.
Sec. 605. Treaty rights.
TITLE VII--CERRO DE LA OLLA WILDERNESS ESTABLISHMENT
Sec. 701. Designation of Cerro de la Olla Wilderness.
TITLE VIII--STUDY ON FLOOD RISK MITIGATION
Sec. 801. Study on Flood Risk Mitigation.
TITLE IX--MISCELLANEOUS
Sec. 901. Promoting health and wellness for veterans and
servicemembers.
Sec. 902. Fire, insects, and diseases.
Sec. 903. Military activities.
TITLE I--COLORADO WILDERNESS
SEC. 101. SHORT TITLE; DEFINITION.
(a) Short Title.--This title may be cited as the ``Colorado
Wilderness Act of 2020''.
(b) Secretary Defined.--As used in this title, the term
``Secretary'' means the Secretary of the Interior or the Secretary of
Agriculture, as appropriate.
SEC. 102. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM IN THE
STATE OF COLORADO.
(a) Additions.--Section 2(a) of the Colorado Wilderness Act of 1993
(Public Law 103-77; 107 Stat. 756; 16 U.S.C. 1132 note) is amended by
adding at the end the following paragraphs:
``(23) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 316 acres, as generally depicted on a map titled
`Maroon Bells Addition Proposed Wilderness', dated July 20,
2018, which is hereby incorporated in and shall be deemed to be
a part of the Maroon Bells-Snowmass Wilderness Area designated
by Public Law 88-577.
``(24) Certain lands managed by the Gunnison Field Office
of the Bureau of Land Management, which comprise approximately
38,217 acres, as generally depicted on a map titled `Redcloud &
Handies Peak Proposed Wilderness', dated October 9, 2019, which
shall be known as the Redcloud Peak Wilderness.
``(25) Certain lands managed by the Gunnison Field Office
of the Bureau of Land Management or located in the Grand Mesa,
Uncompahgre, and Gunnison National Forests, which comprise
approximately 26,734 acres, as generally depicted on a map
titled `Redcloud & Handies Peak Proposed Wilderness', dated
October 9, 2019, which shall be known as the Handies Peak
Wilderness.
``(26) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management, which comprise
approximately 16,481 acres, as generally depicted on a map
titled `Table Mountain & McIntyre Hills Proposed Wilderness',
dated November 7, 2019, which shall be known as the McIntyre
Hills Wilderness.
``(27) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 10,282 acres, as generally depicted on a map
titled `Grand Hogback Proposed Wilderness', dated October 16,
2019, which shall be known as the Grand Hogback Wilderness.
``(28) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 25,624 acres, as generally depicted on a map
titled `Demaree Canyon Proposed Wilderness', dated October 9,
2019, which shall be known as the Demaree Canyon Wilderness.
``(29) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 28,279 acres, as generally depicted on a map
titled `Little Books Cliff Proposed Wilderness', dated October
9, 2019, which shall be known as the Little Bookcliffs
Wilderness.
``(30) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 14,886 acres, as generally depicted on a map
titled `Bull Gulch & Castle Peak Proposed Wilderness', dated
January 29, 2020, which shall be known as the Bull Gulch
Wilderness.
``(31) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 12,016 acres, as generally depicted on a map
titled `Bull Gulch & Castle Peak Proposed Wilderness Areas',
dated January 29, 2020, which shall be known as the Castle Peak
Wilderness.''.
(b) Further Additions.--The following lands in the State of
Colorado administered by the Bureau of Land Management or the United
States Forest Service are hereby designated as wilderness and,
therefore, as components of the National Wilderness Preservation
System:
(1) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management or located in the
White River National Forest, which comprise approximately
19,240 acres, as generally depicted on a map titled
``Assignation Ridge Proposed Wilderness'', dated November 12,
2019, which shall be known as the Assignation Ridge Wilderness.
(2) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and San
Isabel National Forests, which comprise approximately 23,116
acres, as generally depicted on a map titled ``Badger Creek
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Badger Creek Wilderness.
(3) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and San
Isabel National Forests, which comprise approximately 35,251
acres, as generally depicted on a map titled ``Beaver Creek
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Beaver Creek Wilderness.
(4) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or the Bureau of Reclamation
or located in the Pike and San Isabel National Forests, which
comprise approximately 32,884 acres, as generally depicted on a
map titled ``Grape Creek Proposed Wilderness'', dated November
7, 2019, which shall be known as the Grape Creek Wilderness.
(5) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 13,351 acres, as generally depicted on a map
titled ``North & South Bangs Canyon Proposed Wilderness'',
dated October 9, 2019, which shall be known as the North Bangs
Canyon Wilderness.
(6) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 5,144 acres, as generally depicted on a map
titled ``North & South Bangs Canyon Proposed Wilderness'',
dated October 9, 2019, which shall be known as the South Bangs
Canyon Wilderness.
(7) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 26,624 acres, as generally depicted on a map
titled ``Unaweep & Palisade Proposed Wilderness'', dated
October 9, 2019, which shall be known as The Palisade
Wilderness.
(8) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management or located in the Grand
Mesa, Uncompaghre, and Gunnison National Forests, which
comprise approximately 19,776 acres, as generally depicted on a
map titled ``Unaweep & Palisade Proposed Wilderness'', dated
October 9, 2019, which shall be known as the Unaweep
Wilderness.
(9) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management and Uncompaghre Field
Office of the Bureau of Land Management and in the Manti-LaSal
National Forest, which comprise approximately 37,637 acres, as
generally depicted on a map titled ``Sewemup Mesa Proposed
Wilderness'', dated November 7, 2019, which shall be known as
the Sewemup Mesa Wilderness.
(10) Certain lands managed by the Kremmling Field Office of
the Bureau of Land Management, which comprise approximately 31
acres, as generally depicted on a map titled ``Platte River
Addition Proposed Wilderness'', dated July 20, 2018, and which
are hereby incorporated in and shall be deemed to be part of
the Platte River Wilderness designated by Public Law 98-550.
(11) Certain lands managed by the Uncompahgre Field Office
of the Bureau of Land Management, which comprise approximately
17,587 acres, as generally depicted on a map titled ``Roubideau
Proposed Wilderness'', dated October 9, 2019, which shall be
known as the Roubideau Wilderness.
(12) Certain lands managed by the Uncompahgre Field Office
of the Bureau of Land Management or located in the Grand Mesa,
Uncompaghre, and Gunnison National Forests, which comprise
approximately 12,102 acres, as generally depicted on a map
titled ``Norwood Canyon Proposed Wilderness'', dated November
7, 2019, which shall be known as the Norwood Canyon Wilderness.
(13) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
24,475 acres, as generally depicted on a map titled ``Papoose &
Cross Canyon Proposed Wilderness'', and dated January 29, 2020,
which shall be known as the Cross Canyon Wilderness.
(14) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
21,220 acres, as generally depicted on a map titled ``McKenna
Peak Proposed Wilderness'', dated October 16, 2019, which shall
be known as the McKenna Peak Wilderness.
(15) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
14,270 acres, as generally depicted on a map titled ``Weber-
Menefee Mountain Proposed Wilderness'', dated October 9, 2019,
which shall be known as the Weber-Menefee Mountain Wilderness.
(16) Certain lands managed by the Uncompahgre and Tres Rios
Field Offices of the Bureau of Land Management or the Bureau of
Reclamation, which comprise approximately 33,351 acres, as
generally depicted on a map titled ``Dolores River Canyon
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Dolores River Canyon Wilderness.
(17) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and San
Isabel National Forests, which comprise approximately 17,922
acres, as generally depicted on a map titled ``Browns Canyon
Proposed Wilderness'', dated October 9, 2019, which shall be
known as the Browns Canyon Wilderness.
(18) Certain lands managed by the San Luis Field Office of
the Bureau of Land Management, which comprise approximately
10,527 acres, as generally depicted on a map titled ``San Luis
Hills Proposed Wilderness'', dated October 9, 2019 which shall
be known as the San Luis Hills Wilderness.
(19) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management, which comprise approximately
23,559 acres, as generally depicted on a map titled ``Table
Mountain & McIntyre Hills Proposed Wilderness'', dated November
7, 2019, which shall be known as the Table Mountain Wilderness.
(20) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management or located in the San Juan
National Forest, which comprise approximately 10,844 acres, as
generally depicted on a map titled ``North & South Ponderosa
Gorge Proposed Wilderness'', and dated January 31, 2020, which
shall be known as the North Ponderosa Gorge Wilderness.
(21) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management or located in the San Juan
National Forest, which comprise approximately 12,393 acres, as
generally depicted on a map titled ``North & South Ponderosa
Gorge Proposed Wilderness'', and dated January 31, 2020 which
shall be known as the South Ponderosa Gorge Wilderness.
(22) Certain lands managed by the Little Snake Field Office
of the Bureau of Land Management which comprise approximately
33,168 acres, as generally depicted on a map titled ``Diamond
Breaks Proposed Wilderness'', and dated January 31, 2020 which
shall be known as the Diamond Breaks Wilderness.
(23) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management which comprises approximately
4,782 acres, as generally depicted on the map titled ``Papoose
& Cross Canyon Proposed Wilderness'''', and dated January 29,
2020 which shall be known as the Papoose Canyon Wilderness.
(c) West Elk Addition.--Certain lands in the State of Colorado
administered by the Gunnison Field Office of the Bureau of Land
Management, the United States National Park Service, and the Bureau of
Reclamation, which comprise approximately 6,695 acres, as generally
depicted on a map titled ``West Elk Addition Proposed Wilderness'',
dated October 9, 2019, are hereby designated as wilderness and,
therefore, as components of the National Wilderness Preservation System
and are hereby incorporated in and shall be deemed to be a part of the
West Elk Wilderness designated by Public Law 88-577. The boundary
adjacent to Blue Mesa Reservoir shall be 50 feet landward from the
water's edge, and shall change according to the water level.
(d) Blue Mesa Reservoir.--If the Bureau of Reclamation determines
that lands within the West Elk Wilderness Addition are necessary for
future expansion of the Blue Mesa Reservoir, the Secretary shall by
publication of a revised boundary description in the Federal Register
revise the boundary of the West Elk Wilderness Addition.
(e) Maps and Descriptions.--As soon as practicable after the date
of enactment of the Act, the Secretary shall file a map and a boundary
description of each area designated as wilderness by this section with
the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate. Each map
and boundary description shall have the same force and effect as if
included in this title, except that the Secretary may correct clerical
and typographical errors in the map or boundary description. The maps
and boundary descriptions shall be on file and available for public
inspection in the Office of the Director of the Bureau of Land
Management, Department of the Interior, and in the Office of the Chief
of the Forest Service, Department of Agriculture, as appropriate.
(f) State and Private Lands.--Lands within the exterior boundaries
of any wilderness area designated under this section that are owned by
a private entity or by the State of Colorado, including lands
administered by the Colorado State Land Board, shall be included within
such wilderness area if such lands are acquired by the United States.
Such lands may be acquired by the United States only as provided in the
Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 103. ADMINISTRATIVE PROVISIONS.
(a) In General.--Subject to valid existing rights, lands designated
as wilderness by this title shall be managed by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
title, except that, with respect to any wilderness areas designated by
this title, any reference in the Wilderness Act to the effective date
of the Wilderness Act shall be deemed to be a reference to the date of
enactment of this Act.
(b) Grazing.--Grazing of livestock in wilderness areas designated
by this title shall be administered in accordance with the provisions
of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as
further interpreted by section 108 of Public Law 96-560, and the
guidelines set forth in appendix A of House Report 101-405 of the 101st
Congress.
(c) State Jurisdiction.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title shall be
construed as affecting the jurisdiction or responsibilities of the
State of Colorado with respect to wildlife and fish in Colorado.
(d) Buffer Zones.--
(1) In general.--Nothing in this title creates a protective
perimeter or buffer zone around any area designated as
wilderness by this title.
(2) Activities outside wilderness.--The fact that an
activity or use on land outside the areas designated as
wilderness by this title can be seen or heard within the
wilderness shall not preclude the activity or use outside the
boundary of the wilderness.
(e) Military Helicopter Overflights and Operations.--
(1) In general.--Nothing in this title restricts or
precludes--
(A) low-level overflights of military helicopters
over the areas designated as wilderness by this title,
including military overflights that can be seen or
heard within any wilderness area;
(B) military flight testing and evaluation;
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes over any wilderness area; or
(D) helicopter operations at designated landing
zones within the potential wilderness areas established
by subsection (i)(1).
(2) Aerial navigation training exercises.--The Colorado
Army National Guard, through the High-Altitude Army National
Guard Aviation Training Site, may conduct aerial navigation
training maneuver exercises over, and associated operations
within, the potential wilderness areas designated by this
title--
(A) in a manner and degree consistent with the
memorandum of understanding dated August 4, 1987,
entered into among the Colorado Army National Guard,
the Bureau of Land Management, and the Forest Service;
or
(B) in a manner consistent with any subsequent
memorandum of understanding entered into among the
Colorado Army National Guard, the Bureau of Land
Management, and the Forest Service.
(f) Running Events.--The Secretary may continue to authorize
competitive running events currently permitted in the Redcloud Peak
Wilderness Area and Handies Peak Wilderness Area in a manner compatible
with the preservation of such areas as wilderness.
(g) Land Trades.--If the Secretary trades privately owned land
within the perimeter of the Redcloud Peak Wilderness Area or the
Handies Peak Wilderness Area in exchange for Federal land, then such
Federal land shall be located in Hinsdale County, Colorado.
(h) Recreational Climbing.--Nothing in this title prohibits
recreational rock climbing activities in the wilderness areas, such as
the placement, use, and maintenance of fixed anchors, including any
fixed anchor established before the date of the enactment of this Act--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(i) Potential Wilderness Designations.--
(1) In general.--The following lands are designated as
potential wilderness areas:
(A) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 7,376 acres, as generally
depicted on a map titled ``Pisgah East & West Proposed
Wilderness'' and dated October 16, 2019, which, upon
designation as wilderness under paragraph (2), shall be
known as the Pisgah East Wilderness.
(B) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 6,828 acres, as generally
depicted on a map titled ``Pisgah East & West Proposed
Wilderness'' and dated October 16, 2019, which, upon
designation as wilderness under paragraph (2), shall be
known as the Pisgah West Wilderness.
(C) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management or
located in the White River National Forest, which
comprise approximately 16,101 acres, as generally
depicted on a map titled ``Flat Tops Proposed
Wilderness Addition'', dated October 9, 2019, and
which, upon designation as wilderness under paragraph
(2), shall be incorporated in and shall be deemed to be
a part of the Flat Tops Wilderness designated by Public
Law 94-146.
(2) Designation as wilderness.--Lands designated as a
potential wilderness area by subparagraphs (A) through (C) of
paragraph (1) shall be designated as wilderness on the date on
which the Secretary publishes in the Federal Register a notice
that all nonconforming uses of those lands authorized by
subsection (e) in the potential wilderness area that would be
in violation of the Wilderness Act (16 U.S.C. 1131 et seq.)
have ceased. Such publication in the Federal Register and
designation as wilderness shall occur for the potential
wilderness area as the nonconforming uses cease in that
potential wilderness area and designation as wilderness is not
dependent on cessation of nonconforming uses in the other
potential wilderness area.
(3) Management.--Except for activities provided for under
subsection (e), lands designated as a potential wilderness area
by paragraph (1) shall be managed by the Secretary in
accordance with the Wilderness Act as wilderness pending the
designation of such lands as wilderness under this subsection.
SEC. 104. WATER.
(a) Effect on Water Rights.--Nothing in this title--
(1) affects the use or allocation, in existence on the date
of enactment of this Act, of any water, water right, or
interest in water;
(2) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this Act,
including any water right held by the United States;
(3) affects any interstate water compact in existence on
the date of enactment of this Act;
(4) authorizes or imposes any new reserved Federal water
rights; and
(5) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State of Colorado on or before the date of the
enactment of this Act.
(b) Midstream Areas.--
(1) Purpose.--The purpose of this subsection is to protect
for the benefit and enjoyment of present and future
generations--
(A) the unique and nationally important values of
areas designated as wilderness by section 102(b)
(including the geological, cultural, archaeological,
paleontological, natural, scientific, recreational,
environmental, biological, wilderness, wildlife,
riparian, historical, educational, and scenic resources
of the public land); and
(B) the water resources of area streams, based on
seasonally available flows, that are necessary to
support aquatic, riparian, and terrestrial species and
communities.
(2) Wilderness water rights.--
(A) In general.--The Secretary shall ensure that
any water rights within the wilderness designated by
section 102(b) required to fulfill the purposes of such
wilderness are secured in accordance with subparagraphs
(B) through (G).
(B) State law.--
(i) Procedural requirements.--Any water
rights for which the Secretary pursues
adjudication shall be appropriated,
adjudicated, changed, and administered in
accordance with the procedural requirements and
priority system of State law.
(ii) Establishment of water rights.--
(I) In general.--Except as provided
in subclause (II), the purposes and
other substantive characteristics of
the water rights pursued under this
paragraph shall be established in
accordance with State law.
(II) Exception.--Notwithstanding
subclause (I) and in accordance with
this title, the Secretary may
appropriate and seek adjudication of
water rights to maintain surface water
levels and stream flows on and across
the wilderness designated by section
102(b) to fulfill the purposes of such
wilderness.
(C) Deadline.--The Secretary shall promptly, but
not earlier than January 1, 2021, appropriate the water
rights required to fulfill the purposes of the
wilderness designated by section 102(b).
(D) Required determination.--The Secretary shall
not pursue adjudication for any instream flow water
rights unless the Secretary makes a determination
pursuant to subparagraph (E)(ii) or (F).
(E) Cooperative enforcement.--
(i) In general.--The Secretary shall not
pursue adjudication of any Federal instream
flow water rights established under this
paragraph if--
(I) the Secretary determines, upon
adjudication of the water rights by the
Colorado Water Conservation Board, that
the Board holds water rights sufficient
in priority, amount, and timing to
fulfill the purposes of this
subsection; and
(II) the Secretary has entered into
a perpetual agreement with the Colorado
Water Conservation Board to ensure full
exercise, protection, and enforcement
of the State water rights within the
wilderness to reliably fulfill the
purposes of this subsection.
(ii) Adjudication.--If the Secretary
determines that the provisions of clause (i)
have not been met, the Secretary shall
adjudicate and exercise any Federal water
rights required to fulfill the purposes of the
wilderness in accordance with this paragraph.
(F) Insufficient water rights.--If the Colorado
Water Conservation Board modifies the instream flow
water rights obtained under subparagraph (E) to such a
degree that the Secretary determines that water rights
held by the State are insufficient to fulfill the
purposes of this title, the Secretary shall adjudicate
and exercise Federal water rights required to fulfill
the purposes of this title in accordance with
subparagraph (B).
(G) Failure to comply.--The Secretary shall
promptly act to exercise and enforce the water rights
described in subparagraph (E) if the Secretary
determines that--
(i) the State is not exercising its water
rights consistent with subparagraph (E)(i)(I);
or
(ii) the agreement described in
subparagraph (E)(i)(II) is not fulfilled or
complied with sufficiently to fulfill the
purposes of this title.
(3) Water resource facility.--Notwithstanding any other
provision of law, beginning on the date of enactment of this
title, 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 development of any new irrigation
and pumping facility, reservoir, water conservation work,
aqueduct, canal, ditch, pipeline, well, hydropower project,
transmission, other ancillary facility, or other water,
diversion, storage, or carriage structure in the wilderness
designated by section 102(b).
(c) Access and Operation.--
(1) Definition.--As used in this subsection, 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.
(2) Access to water resource facilities.--Subject to the
provisions of this subsection, the Secretary shall allow
reasonable access to water resource facilities in existence on
the date of enactment of this Act within the areas described in
sections 102(b) and 102(c), including motorized access where
necessary and customarily employed on routes existing as of the
date of enactment of this Act.
(3) Access routes.--Existing access routes within such
areas customarily employed as of the date of enactment of this
Act may be used, maintained, repaired, and replaced to the
extent necessary to maintain their present function, design,
and serviceable operation, so long as such activities have no
increased adverse impacts on the resources and values of the
areas described in sections 102(b) and 102(c) than existed as
of the date of enactment of this Act.
(4) Use of water resource facilities.--Subject to the
provisions of this subsection and subsection (a)(4), the
Secretary shall allow water resource facilities existing on the
date of enactment of this Act within areas described in
sections 102(b) and 102(c) to be used, operated, maintained,
repaired, and replaced to the extent necessary for the
continued exercise, in accordance with Colorado State law, of
vested water rights adjudicated for use in connection with such
facilities by a court of competent jurisdiction prior to the
date of enactment of this Act. The impact of an existing
facility on the water resources and values of the area shall
not be increased as a result of changes in the adjudicated type
of use of such facility as of the date of enactment of this
Act.
(5) Repair and maintenance.--Water resource facilities, and
access routes serving such facilities, existing within the
areas described in sections 102(b) and 102(c) on the date of
enactment of this Act shall be maintained and repaired when and
to the extent necessary to prevent increased adverse impacts on
the resources and values of the areas described in sections
102(b) and 102(c).
SEC. 105. SENSE OF CONGRESS.
It is the sense of Congress that military aviation training on
Federal public lands in Colorado, including the training conducted at
the High-Altitude Army National Guard Aviation Training Site, is
critical to the national security of the United States and the
readiness of the Armed Forces.
SEC. 106. DEPARTMENT OF DEFENSE STUDY ON IMPACTS THAT THE EXPANSION OF
WILDERNESS DESIGNATIONS IN THE WESTERN UNITED STATES
WOULD HAVE ON THE READINESS OF THE ARMED FORCES OF THE
UNITED STATES WITH RESPECT TO AVIATION TRAINING.
(a) Study Required.--The Secretary of Defense shall conduct a study
on the impacts that the expansion of wilderness designations in the
Western United States would have on the readiness of the Armed Forces
of the United States with respect to aviation training.
(b) Report.--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 Senate and House of Representatives a report on
the study required under subsection (a).
TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING
FORESTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Northwest California Wilderness,
Recreation, and Working Forests Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(2) State.--The term ``State'' means the State of
California.
Subtitle A--Restoration and Economic Development
SEC. 211. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA.
(a) Definitions.--In this section:
(1) Collaboratively developed.--The term ``collaboratively
developed'' means projects that are developed and implemented
through a collaborative process that--
(A) includes--
(i) appropriate Federal, State, and local
agencies; and
(ii) multiple interested persons
representing diverse interests; and
(B) is transparent and nonexclusive.
(2) Plantation.--The term ``plantation'' means a forested
area that has been artificially established by planting or
seeding.
(3) Restoration.--The term ``restoration'' means the
process of assisting the recovery of an ecosystem that has been
degraded, damaged, or destroyed by establishing the
composition, structure, pattern, and ecological processes
necessary to facilitate terrestrial and aquatic ecosystem
sustainability, resilience, and health under current and future
conditions.
(4) Restoration area.--The term ``restoration area'' means
the South Fork Trinity-Mad River Restoration Area, established
by subsection (b).
(5) Shaded fuel break.--The term ``shaded fuel break''
means a vegetation treatment that effectively addresses all
project-generated slash and that retains: adequate canopy cover
to suppress plant regrowth in the forest understory following
treatment; the longest lived trees that provide the most shade
over the longest period of time; the healthiest and most
vigorous trees with the greatest potential for crown-growth in
plantations and in natural stands adjacent to plantations; and
all mature hardwoods, when practicable.
(6) Stewardship contract.--The term ``stewardship
contract'' means an agreement or contract entered into under
section 604 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c).
(7) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term by section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(b) Establishment.--Subject to valid existing rights, there is
established the South Fork Trinity-Mad River Restoration Area,
comprising approximately 729,089 acres of Federal land administered by
the Forest Service and approximately 1,280 acres of Federal land
administered by the Bureau of Land Management, as generally depicted on
the map entitled ``South Fork Trinity-Mad River Restoration Area--
Proposed'' and dated July 3, 2018, to be known as the South Fork
Trinity-Mad River Restoration Area.
(c) Purposes.--The purposes of the restoration area are to--
(1) establish, restore, and maintain fire-resilient forest
structures containing late successional forest structure
characterized by large trees and multistoried canopies, as
ecologically appropriate;
(2) protect late successional reserves;
(3) enhance the restoration of Federal lands within the
restoration area;
(4) reduce the threat posed by wildfires to communities
within the restoration area;
(5) protect and restore aquatic habitat and anadromous
fisheries;
(6) protect the quality of water within the restoration
area; and
(7) allow visitors to enjoy the scenic, recreational,
natural, cultural, and wildlife values of the restoration area.
(d) Management.--
(1) In general.--The Secretary shall manage the restoration
area--
(A) in a manner consistent with the purposes
described in subsection (c);
(B) in a manner that--
(i) in the case of the Forest Service,
prioritizes restoration of the restoration area
over other nonemergency vegetation management
projects on the portions of the Six Rivers and
Shasta-Trinity National Forests in Humboldt and
Trinity Counties; and
(ii) in the case of the United States Fish
and Wildlife Service, establishes with the
Forest Service an agreement for cooperation to
ensure timely completion of consultation
required by section 7 of the Endangered Species
Act (15 U.S.C. 1536) on restoration projects
within the restoration area and agreement to
maintain and exchange information on planning
schedules and priorities on a regular basis;
(C) in accordance with--
(i) the laws (including regulations) and
rules applicable to the National Forest System
for land managed by the Forest Service;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.) for land
managed by the Bureau of Land Management;
(iii) this title; and
(iv) any other applicable law (including
regulations); and
(D) in a manner consistent with congressional
intent that consultation for restoration projects
within the restoration area is completed in a timely
and efficient manner.
(2) Conflict of laws.--
(A) In general.--The establishment of the
restoration area shall not change the management status
of any land or water that is designated wilderness or
as a wild and scenic river, including lands and waters
designated by this title.
(B) Resolution of conflict.--If there is a conflict
between the laws applicable to the areas described in
subparagraph (A) and this section, the more restrictive
provision shall control.
(3) Uses.--
(A) In general.--The Secretary shall only allow
uses of the restoration area that the Secretary
determines would further the purposes described in
subsection (c).
(B) Priority.--The Secretary shall prioritize
restoration activities within the restoration area.
(C) Limitation.--Nothing in this section shall
limit the Secretary's ability to plan, approve, or
prioritize activities outside of the restoration area.
(4) Wildland fire.--
(A) In general.--Nothing in this section prohibits
the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from
conducting wildland fire operations in the restoration
area, consistent with the purposes of this section.
(B) Priority.--The Secretary may use prescribed
burning and managed wildland fire to the fullest extent
practicable to achieve the purposes of this section.
(5) Road decommissioning.--
(A) In general.--To the extent practicable, the
Secretary shall decommission unneeded National Forest
System roads identified for decommissioning and
unauthorized roads identified for decommissioning
within the restoration area--
(i) subject to appropriations;
(ii) consistent with the analysis required
by subparts A and B of part 212 of title 36,
Code of Federal Regulations; and
(iii) in accordance with existing law.
(B) Additional requirement.--In making
determinations regarding road decommissioning under
subparagraph (A), the Secretary shall consult with--
(i) appropriate State, Tribal, and local
governmental entities; and
(ii) members of the public.
(C) Definition.--As used in subparagraph (A), the
term ``decommission'' means--
(i) to reestablish vegetation on a road;
and
(ii) to restore any natural drainage,
watershed function, or other ecological
processes that are disrupted or adversely
impacted by the road by removing or
hydrologically disconnecting the road prism.
(6) Vegetation management.--
(A) In general.--Subject to subparagraphs (B), (C),
and (D), the Secretary may conduct vegetation
management projects in the restoration area only where
necessary to--
(i) maintain or restore the characteristics
of ecosystem composition and structure;
(ii) reduce wildfire risk to communities by
promoting forests that are fire resilient;
(iii) improve the habitat of threatened,
endangered, or sensitive species;
(iv) protect or improve water quality; or
(v) enhance the restoration of lands within
the restoration area.
(B) Additional requirements.--
(i) Shaded fuel breaks.--In carrying out
subparagraph (A), the Secretary shall
prioritize, as practicable, the establishment
of a network of shaded fuel breaks within--
(I) the portions of the wildland-
urban interface that are within 150
feet from private property contiguous
to Federal land;
(II) 150 feet from any road that is
open to motorized vehicles as of the
date of enactment of this Act--
(aa) except that, where
topography or other conditions
require, the Secretary may
establish shaded fuel breaks up
to 275 feet from a road so long
as the combined total width of
the shaded fuel breaks for both
sides of the road does not
exceed 300 feet; and
(bb) provided that the
Secretary shall include
vegetation treatments within a
minimum of 25 feet of the road
where practicable, feasible,
and appropriate as part of any
shaded fuel break; or
(III) 150 feet of any plantation.
(ii) Plantations; riparian reserves.--The
Secretary may undertake vegetation management
projects--
(I) in areas within the restoration
area in which fish and wildlife habitat
is significantly compromised as a
result of past management practices
(including plantations); and
(II) within designated riparian
reserves only where necessary to
maintain the integrity of fuel breaks
and to enhance fire resilience.
(C) Compliance.--The Secretary shall carry out
vegetation management projects within the restoration
area--
(i) in accordance with--
(I) this section; and
(II) existing law (including
regulations);
(ii) after providing an opportunity for
public comment; and
(iii) subject to appropriations.
(D) Best available science.--The Secretary shall
use the best available science in planning and
implementing vegetation management projects within the
restoration area.
(7) Grazing.--
(A) Existing grazing.--The grazing of livestock in
the restoration area, where established before the date
of enactment of this Act, shall be permitted to
continue--
(i) subject to--
(I) such reasonable regulations,
policies, and practices as the
Secretary considers necessary; and
(II) applicable law (including
regulations); and
(ii) in a manner consistent with the
purposes described in subsection (c).
(B) Targeted new grazing.--The Secretary may issue
annual targeted grazing permits for the grazing of
livestock in the restoration area, where not
established before the date of the enactment of this
Act, to control noxious weeds, aid in the control of
wildfire within the wildland-urban interface, or to
provide other ecological benefits subject to--
(i) such reasonable regulations, policies,
and practices as the Secretary considers
necessary; and
(ii) a manner consistent with the purposes
described in subsection (c).
(C) Best available science.--The Secretary shall
use the best available science when determining whether
to issue targeted grazing permits within the
restoration area.
(e) Withdrawal.--Subject to valid existing rights, the restoration
area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
(f) Use of Stewardship Contracts.--To the maximum extent
practicable, the Secretary shall--
(1) use stewardship contracts to implement this section;
and
(2) use revenue derived from such stewardship contracts for
restoration and other activities within the restoration area
which shall include staff and administrative costs to support
timely consultation activities for restoration projects.
(g) Collaboration.--In developing and implementing restoration
projects in the restoration area, the Secretary shall consult with
collaborative groups with an interest in the restoration area.
(h) Environmental Review.--A collaboratively developed restoration
project within the restoration area may be carried out in accordance
with the provisions for hazardous fuel reduction projects set forth in
sections 214, 215, and 216 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6514-6516), as applicable.
(i) Multiparty Monitoring.--The Secretary of Agriculture shall--
(1) in collaboration with the Secretary of the Interior and
interested persons, use a multiparty monitoring, evaluation,
and accountability process to assess the positive or negative
ecological, social, and economic effects of restoration
projects within the restoration area; and
(2) incorporate the monitoring results into the management
of the restoration area.
(j) Funding.--The Secretary shall use all existing authorities to
secure as much funding as necessary to fulfill the purposes of the
restoration area.
(k) Forest Residues Utilization.--
(1) In general.--In accordance with applicable law,
including regulations, and this section, the Secretary may
utilize forest residues from restoration projects, including
shaded fuel breaks, in the restoration area for research and
development of biobased products that result in net carbon
sequestration.
(2) Partnerships.--In carrying out paragraph (1), the
Secretary may enter into partnerships with universities,
nongovernmental organizations, industry, Tribes, and Federal,
State, and local governmental agencies.
SEC. 212. REDWOOD NATIONAL AND STATE PARKS RESTORATION.
(a) Partnership Agreements.--The Secretary of the Interior is
authorized to undertake initiatives to restore degraded redwood forest
ecosystems in Redwood National and State Parks in partnership with the
State of California, local agencies, and nongovernmental organizations.
(b) Compliance.--In carrying out any initiative authorized by
subsection (a), the Secretary of the Interior shall comply with all
applicable law.
SEC. 213. CALIFORNIA PUBLIC LANDS REMEDIATION PARTNERSHIP.
(a) Definitions.--In this section:
(1) Partnership.--The term ``partnership'' means the
California Public Lands Remediation Partnership, established by
subsection (b).
(2) Priority lands.--The term ``priority lands'' means
Federal land within the State that is determined by the
partnership to be a high priority for remediation.
(3) Remediation.--The term ``remediation'' means to
facilitate the recovery of lands and waters that have been
degraded, damaged, or destroyed by illegal marijuana
cultivation or another illegal activity. Remediation includes
but is not limited to removal of trash, debris, and other
material, and establishing the composition, structure, pattern,
and ecological processes necessary to facilitate terrestrial
and aquatic ecosystem sustainability, resilience, and health
under current and future conditions.
(b) Establishment.--There is hereby established a California Public
Lands Remediation Partnership.
(c) Purposes.--The purposes of the partnership are to--
(1) coordinate the activities of Federal, State, Tribal,
and local authorities, and the private sector, in the
remediation of priority lands in the State affected by illegal
marijuana cultivation or other illegal activities; and
(2) use the resources and expertise of each agency,
authority, or entity in implementing remediation activities on
priority lands in the State.
(d) Membership.--The members of the partnership shall include the
following:
(1) The Secretary of Agriculture, or a designee of the
Secretary of Agriculture to represent the Forest Service.
(2) The Secretary of the Interior, or a designee of the
Secretary of the Interior, to represent the United States Fish
and Wildlife Service, Bureau of Land Management, and National
Park Service.
(3) The Director of the Office of National Drug Control
Policy, or a designee of the Director.
(4) The Secretary of the State Natural Resources Agency, or
a designee of the Secretary, to represent the California
Department of Fish and Wildlife.
(5) A designee of the California State Water Resources
Control Board.
(6) A designee of the California State Sheriffs'
Association.
(7) One member to represent federally recognized Indian
Tribes, to be appointed by the Secretary of Agriculture.
(8) One member to represent nongovernmental organizations
with an interest in Federal land remediation, to be appointed
by the Secretary of Agriculture.
(9) One member to represent local governmental interests,
to be appointed by the Secretary of Agriculture.
(10) A law enforcement official from each of the following:
(A) The Department of the Interior.
(B) The Department of Agriculture.
(11) A scientist to provide expertise and advise on methods
needed for remediation efforts, to be appointed by the
Secretary of Agriculture.
(12) A designee of the National Guard Counter Drug Program.
(e) Duties.--To further the purposes of this section, the
partnership shall--
(1) identify priority lands for remediation in the State;
(2) secure resources from Federal and non-Federal sources
to apply to remediation of priority lands in the State;
(3) support efforts by Federal, State, Tribal, and local
agencies, and nongovernmental organizations in carrying out
remediation of priority lands in the State;
(4) support research and education on the impacts of, and
solutions to, illegal marijuana cultivation and other illegal
activities on priority lands in the State;
(5) involve other Federal, State, Tribal, and local
agencies, nongovernmental organizations, and the public in
remediation efforts, to the extent practicable; and
(6) take any other administrative or advisory actions as
necessary to address remediation of priority lands in the
State.
(f) Authorities.--To implement this section, the partnership may,
subject to the prior approval of the Secretary of Agriculture--
(1) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide
grants or technical assistance to, the State, political
subdivisions of the State, nonprofit organizations, Federal
agencies, and other interested parties;
(3) hire and compensate staff;
(4) obtain funds or services from any source, including
Federal and non-Federal funds, and funds and services provided
under any other Federal law or program;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of this section.
(g) Procedures.--The partnership shall establish such rules and
procedures as it deems necessary or desirable.
(h) Local Hiring.--The partnership shall, to the maximum extent
practicable and in accordance with existing law, give preference to
local entities and persons when carrying out this section.
(i) Service Without Compensation.--Members of the partnership shall
serve without pay.
(j) Duties and Authorities of the Secretary of Agriculture.--
(1) In general.--The Secretary of Agriculture shall convene
the partnership on a regular basis to carry out this section.
(2) Technical and financial assistance.--The Secretary of
Agriculture and Secretary of the Interior may provide technical
and financial assistance, on a reimbursable or nonreimbursable
basis, as determined by the appropriate Secretary, to the
partnership or any members of the partnership to carry out this
title.
(3) Cooperative agreements.--The Secretary of Agriculture
and Secretary of the Interior may enter into cooperative
agreements with the partnership, any members of the
partnership, or other public or private entities to provide
technical, financial, or other assistance to carry out this
title.
SEC. 214. TRINITY LAKE VISITOR CENTER.
(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service, may establish, in cooperation with any
other public or private entities that the Secretary may determine to be
appropriate, a visitor center in Weaverville, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of the
Whiskeytown-Shasta-Trinity National Recreation Area.
(b) Requirements.--The Secretary shall ensure that the visitor
center authorized under subsection (a) is designed to interpret the
scenic, biological, natural, historical, scientific, paleontological,
recreational, ecological, wilderness, and cultural resources of the
Whiskeytown-Shasta-Trinity National Recreation Area and other nearby
Federal lands.
(c) Cooperative Agreements.--The Secretary of Agriculture may, in a
manner consistent with this title, enter into cooperative agreements
with the State and any other appropriate institutions and organizations
to carry out the purposes of this section.
SEC. 215. DEL NORTE COUNTY VISITOR CENTER.
(a) In General.--The Secretary of Agriculture and Secretary of the
Interior, acting jointly or separately, may establish, in cooperation
with any other public or private entities that the Secretaries
determine to be appropriate, a visitor center in Del Norte County,
California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of Redwood
National and State Parks, the Smith River National Recreation
Area, and other nearby Federal lands.
(b) Requirements.--The Secretaries shall ensure that the visitor
center authorized under subsection (a) is designed to interpret the
scenic, biological, natural, historical, scientific, paleontological,
recreational, ecological, wilderness, and cultural resources of Redwood
National and State Parks, the Smith River National Recreation Area, and
other nearby Federal lands.
SEC. 216. MANAGEMENT PLANS.
(a) In General.--In revising the land and resource management plan
for the Shasta-Trinity, Six Rivers, Klamath, and Mendocino National
Forests, the Secretary shall--
(1) consider the purposes of the South Fork Trinity-Mad
River Restoration Area established by section 211; and
(2) include or update the fire management plan for the
wilderness areas and wilderness additions established by this
title.
(b) Requirement.--In carrying out the revisions required by
subsection (a), the Secretary shall--
(1) develop spatial fire management plans in accordance
with--
(A) the Guidance for Implementation of Federal
Wildland Fire Management Policy dated February 13,
2009, including any amendments to that guidance; and
(B) other appropriate policies;
(2) ensure that a fire management plan--
(A) considers how prescribed or managed fire can be
used to achieve ecological management objectives of
wilderness and other natural or primitive areas; and
(B) in the case of a wilderness area expanded by
section 231, provides consistent direction regarding
fire management to the entire wilderness area,
including the addition;
(3) consult with--
(A) appropriate State, Tribal, and local
governmental entities; and
(B) members of the public; and
(4) comply with applicable laws (including regulations).
SEC. 217. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT ACCOMMODATIONS.
(a) Study.--The Secretary of the Interior, in consultation with
interested Federal, State, Tribal, and local entities, and private and
nonprofit organizations, shall conduct a study to evaluate the
feasibility and suitability of establishing overnight accommodations
near Redwood National and State Parks on--
(1) Federal land at the northern boundary or on land within
20 miles of the northern boundary; and
(2) Federal land at the southern boundary or on land within
20 miles of the southern boundary.
(b) Partnerships.--
(1) Agreements authorized.--If the study conducted under
subsection (a) determines that establishing the described
accommodations is suitable and feasible, the Secretary may
enter into agreements with qualified private and nonprofit
organizations for the development, operation, and maintenance
of overnight accommodations.
(2) Contents.--Any agreements entered into under paragraph
(1) shall clearly define the role and responsibility of the
Secretary and the private or nonprofit organization.
(3) Compliance.--The Secretary shall enter agreements under
paragraph (1) in accordance with existing law.
(4) Effect.--Nothing in this subsection--
(A) reduces or diminishes the authority of the
Secretary to manage land and resources under the
jurisdiction of the Secretary; or
(B) amends or modifies the application of any
existing law (including regulations) applicable to land
under the jurisdiction of the Secretary.
Subtitle B--Recreation
SEC. 221. HORSE MOUNTAIN SPECIAL MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there is
established the Horse Mountain Special Management Area (referred to in
this section as the ``special management area'') comprising
approximately 7,399 acres of Federal land administered by the Forest
Service in Humboldt County, California, as generally depicted on the
map entitled ``Horse Mountain Special Management Area--Proposed'' and
dated April 13, 2017.
(b) Purposes.--The purpose of the special management area is to
enhance the recreational and scenic values of the special management
area while conserving the plants, wildlife, and other natural resource
values of the area.
(c) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and in accordance with paragraph (2), the
Secretary shall develop a comprehensive plan for the long-term
management of the special management area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, Tribal, and local
governmental entities; and
(B) members of the public.
(3) Additional requirement.--The management plan required
under paragraph (1) shall ensure that recreational use within
the special management area does not cause significant adverse
impacts on the plants and wildlife of the special management
area.
(d) Management.--
(1) In general.--The Secretary shall manage the special
management area--
(A) in furtherance of the purposes described in
subsection (b); and
(B) in accordance with--
(i) the laws (including regulations)
generally applicable to the National Forest
System;
(ii) this section; and
(iii) any other applicable law (including
regulations).
(2) Recreation.--The Secretary shall continue to authorize,
maintain, and enhance the recreational use of the special
management area, including hunting, fishing, camping, hiking,
hang gliding, sightseeing, nature study, horseback riding,
rafting, mountain biking, and motorized recreation on
authorized routes, and other recreational activities, so long
as such recreational use is consistent with the purposes of the
special management area, this section, other applicable law
(including regulations), and applicable management plans.
(3) Motorized vehicles.--
(A) In general.--Except as provided in subparagraph
(B), the use of motorized vehicles in the special
management area shall be permitted only on roads and
trails designated for the use of motorized vehicles.
(B) Use of snowmobiles.--The winter use of
snowmobiles shall be allowed in the special management
area--
(i) during periods of adequate snow
coverage during the winter season; and
(ii) subject to any terms and conditions
determined to be necessary by the Secretary.
(4) New trails.--
(A) In general.--The Secretary may construct new
trails for motorized or nonmotorized recreation within
the special management area in accordance with--
(i) the laws (including regulations)
generally applicable to the National Forest
System;
(ii) this section; and
(iii) any other applicable law (including
regulations).
(B) Priority.--In establishing new trails within
the special management area, the Secretary shall--
(i) prioritize the establishment of loops
that provide high-quality, diverse recreational
experiences; and
(ii) consult with members of the public.
(e) Withdrawal.--Subject to valid existing rights, the special
management area is withdrawn from--
(1) all forms of appropriation or disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing.
SEC. 222. BIGFOOT NATIONAL RECREATION TRAIL.
(a) Feasibility Study.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Secretary of Agriculture, in
cooperation with the Secretary of the Interior, shall submit to
the Committee on Natural Resources of the House of
Representatives and Committee on Energy and Natural Resources
of the Senate a study that describes the feasibility of
establishing a nonmotorized Bigfoot National Recreation Trail
that follows the route described in paragraph (2).
(2) Route.--The trail described in paragraph (1) shall
extend from the Ides Cove Trailhead in the Mendocino National
Forest to Crescent City, California, by roughly following the
route as generally depicted on the map entitled ``Bigfoot
National Recreation Trail--Proposed'' and dated July 25, 2018.
(3) Additional requirement.--In completing the study
required by subsection (a), the Secretary of Agriculture shall
consult with--
(A) appropriate Federal, State, Tribal, regional,
and local agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(b) Designation.--
(1) In general.--Upon a determination that the Bigfoot
National Recreation Trail is feasible and meets the
requirements for a National Recreation Trail in section 1243 of
title 16, United States Code, the Secretary of Agriculture
shall designate the Bigfoot National Recreation Trail in
accordance with--
(A) the National Trails System Act (Public Law 90-
543);
(B) this title; and
(C) other applicable law (including regulations).
(2) Administration.--Upon designation by the Secretary of
Agriculture, the Bigfoot National Recreation Trail (referred to
in this section as the ``trail'') shall be administered by the
Secretary of Agriculture, in consultation with--
(A) other Federal, State, Tribal, regional, and
local agencies;
(B) private landowners; and
(C) other interested organizations.
(3) Private property rights.--
(A) In general.--No portions of the trail may be
located on non-Federal land without the written consent
of the landowner.
(B) Prohibition.--The Secretary of Agriculture
shall not acquire for the trail any land or interest in
land outside the exterior boundary of any federally
managed area without the consent of the owner of the
land or interest in the land.
(C) Effect.--Nothing in this section--
(i) requires any private property owner to
allow public access (including Federal, State,
or local government access) to private
property; or
(ii) modifies any provision of Federal,
State, or local law with respect to public
access to or use of private land.
(c) Cooperative Agreements.--In carrying out this section, the
Secretary of Agriculture may enter into cooperative agreements with
State, Tribal, and local government entities and private entities to
complete needed trail construction, reconstruction, realignment,
maintenance, or education projects related to the Bigfoot National
Recreation Trail.
(d) Map.--
(1) Map required.--Upon designation of the Bigfoot National
Recreation Trail, the Secretary of Agriculture shall prepare a
map of the trail.
(2) Public availability.--The map referred to in paragraph
(1) shall be on file and available for public inspection in the
appropriate offices of the Forest Service.
SEC. 223. ELK CAMP RIDGE RECREATION TRAIL.
(a) Designation.--
(1) In general.--In accordance with paragraph (2), the
Secretary of Agriculture after an opportunity for public
comment, shall designate a trail (which may include a system of
trails)--
(A) for use by off-highway vehicles or mountain
bicycles, or both; and
(B) to be known as the Elk Camp Ridge Recreation
Trail.
(2) Requirements.--In designating the Elk Camp Ridge
Recreation Trail (referred to in this section as the
``trail''), the Secretary shall only include trails that are--
(A) as of the date of enactment of this Act,
authorized for use by off-highway vehicles or mountain
bikes, or both; and
(B) located on land that is managed by the Forest
Service in Del Norte County.
(3) Map.--A map that depicts the trail shall be on file and
available for public inspection in the appropriate offices of
the Forest Service.
(b) Management.--
(1) In general.--The Secretary shall manage the trail--
(A) in accordance with applicable laws (including
regulations);
(B) to ensure the safety of citizens who use the
trail; and
(C) in a manner by which to minimize any damage to
sensitive habitat or cultural resources.
(2) Monitoring; evaluation.--To minimize the impacts of the
use of the trail on environmental and cultural resources, the
Secretary shall annually assess the effects of the use of off-
highway vehicles and mountain bicycles on--
(A) the trail;
(B) land located in proximity to the trail; and
(C) plants, wildlife, and wildlife habitat.
(3) Closure.--The Secretary, in consultation with the State
and Del Norte County, and subject to paragraph (4), may
temporarily close or permanently reroute a portion of the trail
if the Secretary determines that--
(A) the trail is having an adverse impact on--
(i) wildlife habitats;
(ii) natural resources;
(iii) cultural resources; or
(iv) traditional uses;
(B) the trail threatens public safety; or
(C) closure of the trail is necessary--
(i) to repair damage to the trail; or
(ii) to repair resource damage.
(4) Rerouting.--Any portion of the trail that is
temporarily closed by the Secretary under paragraph (3) may be
permanently rerouted along any road or trail--
(A) that is--
(i) in existence as of the date of the
closure of the portion of the trail;
(ii) located on public land; and
(iii) open to motorized or mechanized use;
and
(B) if the Secretary determines that rerouting the
portion of the trail would not significantly increase
or decrease the length of the trail.
(5) Notice of available routes.--The Secretary shall ensure
that visitors to the trail have access to adequate notice
relating to the availability of trail routes through--
(A) the placement of appropriate signage along the
trail; and
(B) the distribution of maps, safety education
materials, and other information that the Secretary
concerned determines to be appropriate.
(c) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land (including
any interest in any non-Federal land).
SEC. 224. TRINITY LAKE TRAIL.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall study the
feasibility and public interest of constructing a recreational
trail for nonmotorized uses around Trinity Lake.
(2) Construction.--
(A) Construction authorized.--Subject to
appropriations, and in accordance with paragraph (3),
if the Secretary determines under paragraph (1) that
the construction of the trail described in such
paragraph is feasible and in the public interest, the
Secretary may provide for the construction of the
trail.
(B) Use of volunteer services and contributions.--
The trail may be constructed under this section through
the acceptance of volunteer services and contributions
from non-Federal sources to reduce or eliminate the
need for Federal expenditures to construct the trail.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations) generally
applicable to the National Forest System; and
(B) this title.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land (including
any interest in any non-Federal land).
SEC. 225. TRAILS STUDY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Agriculture, in accordance with
subsection (b) and in consultation with interested parties, shall
conduct a study to improve motorized and nonmotorized recreation trail
opportunities (including mountain bicycling) on land not designated as
wilderness within the portions of the Six Rivers, Shasta-Trinity, and
Mendocino National Forests located in Del Norte, Humboldt, Trinity, and
Mendocino Counties.
(b) Consultation.--In carrying out the study required by subsection
(a), the Secretary of Agriculture shall consult with the Secretary of
the Interior regarding opportunities to improve, through increased
coordination, recreation trail opportunities on land under the
jurisdiction of the Secretary of the Interior that shares a boundary
with the national forest land described in subsection (a).
SEC. 226. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months after the
date of enactment of this Act, the Secretary of Agriculture
shall study the feasibility and public interest of constructing
recreational trails for mountain bicycling and other
nonmotorized uses on the routes as generally depicted in the
report entitled ``Trail Study for Smith River National
Recreation Area Six Rivers National Forest'' and dated 2016.
(2) Construction.--
(A) Construction authorized.--Subject to
appropriations, and in accordance with paragraph (3),
if the Secretary determines under paragraph (1) that
the construction of one or more routes described in
such paragraph is feasible and in the public interest,
the Secretary may provide for the construction of the
routes.
(B) Modifications.--The Secretary may modify the
routes as necessary in the opinion of the Secretary.
(C) Use of volunteer services and contributions.--
Routes may be constructed under this section through
the acceptance of volunteer services and contributions
from non-Federal sources to reduce or eliminate the
need for Federal expenditures to construct the route.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations) generally
applicable to the National Forest System; and
(B) this title.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land (including
any interest in any non-Federal land).
SEC. 227. PARTNERSHIPS.
(a) Agreements Authorized.--The Secretary is authorized to enter
into agreements with qualified private and nonprofit organizations to
undertake the following activities on Federal lands in Mendocino,
Humboldt, Trinity, and Del Norte Counties--
(1) trail and campground maintenance;
(2) public education, visitor contacts, and outreach; and
(3) visitor center staffing.
(b) Contents.--Any agreements entered into under subsection (a)
shall clearly define the role and responsibility of the Secretary and
the private or nonprofit organization.
(c) Compliance.--The Secretary shall enter into agreements under
subsection (a) in accordance with existing law.
(d) Effect.--Nothing in this section--
(1) reduces or diminishes the authority of the Secretary to
manage land and resources under the jurisdiction of the
Secretary; or
(2) amends or modifies the application of any existing law
(including regulations) applicable to land under the
jurisdiction of the Secretary.
Subtitle C--Conservation
SEC. 231. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Black butte river wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 11,117 acres, as generally depicted on the map
entitled ``Black Butte River Wilderness--Proposed'' and dated
April 13, 2017, which shall be known as the Black Butte River
Wilderness.
(2) Chanchelulla wilderness additions.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 6,212 acres, as generally depicted on the map
entitled ``Chanchelulla Wilderness Additions--Proposed'' and
dated July 16, 2018, which is incorporated in, and considered
to be a part of, the Chanchelulla Wilderness, as designated by
section 101(a)(4) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 1619).
(3) Chinquapin wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
27,258 acres, as generally depicted on the map entitled
``Chinquapin Wilderness--Proposed'' and dated January 15, 2020,
which shall be known as the Chinquapin Wilderness.
(4) Elkhorn ridge wilderness addition.--Certain Federal
land managed by the Bureau of Land Management in the State,
comprising approximately 37 acres, as generally depicted on the
map entitled ``Proposed Elkhorn Ridge Wilderness Additions''
and dated October 24, 2019, which is incorporated in, and
considered to be a part of, the Elkhorn Ridge Wilderness, as
designated by section 6(d) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2070).
(5) English ridge wilderness.--Certain Federal land managed
by the Bureau of Land Management in the State, comprising
approximately 6,204 acres, as generally depicted on the map
entitled ``English Ridge Wilderness--Proposed'' and dated March
29, 2019, which shall be known as the English Ridge Wilderness.
(6) Headwaters forest wilderness.--Certain Federal land
managed by the Bureau of Land Management in the State,
comprising approximately 4,360 acres, as generally depicted on
the map entitled ``Headwaters Forest Wilderness--Proposed'' and
dated October 15, 2019, which shall be known as the Headwaters
Forest Wilderness.
(7) Mad river buttes wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 6,002 acres, as generally depicted on the map
entitled ``Mad River Buttes Wilderness--Proposed'' and dated
July 25, 2018, which shall be known as the Mad River Buttes
Wilderness.
(8) Mount lassic wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 1,292 acres, as generally depicted on the map
entitled ``Mount Lassic Wilderness Additions--Proposed'' and
dated February 23, 2017, which is incorporated in, and
considered to be a part of, the Mount Lassic Wilderness, as
designated by section 3(6) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2065).
(9) North fork eel wilderness addition.--Certain Federal
land managed by the Forest Service and the Bureau of Land
Management in the State, comprising approximately 16,274 acres,
as generally depicted on the map entitled ``North Fork
Wilderness Additions'' and dated January 15, 2020, which is
incorporated in, and considered to be a part of, the North Fork
Eel Wilderness, as designated by section 101(a)(19) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1621).
(10) Pattison wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
28,595 acres, as generally depicted on the map entitled
``Pattison Wilderness--Proposed'' and dated July 16, 2018,
which shall be known as the Pattison Wilderness.
(11) Sanhedrin wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 112 acres, as generally depicted on the map
entitled ``Sanhedrin Wilderness Addition--Proposed'' and dated
March 29, 2019, which is incorporated in, and considered to be
a part of, the Sanhedrin Wilderness, as designated by section
3(2) of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2065).
(12) Siskiyou wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 27,747 acres, as generally depicted on the map
entitled ``Siskiyou Wilderness Additions and Potential
Wildernesses--Proposed'' and dated July 24, 2018, which is
incorporated in, and considered to be a part of, the Siskiyou
Wilderness, as designated by section 101(a)(30) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1623) (as amended by section 3(5) of Public Law 109-362
(16 U.S.C. 1132 note; 120 Stat. 2065)).
(13) South fork eel river wilderness addition.--Certain
Federal land managed by the Bureau of Land Management in the
State, comprising approximately 603 acres, as generally
depicted on the map entitled ``South Fork Eel River Wilderness
Additions--Proposed'' and dated October 24, 2019, which is
incorporated in, and considered to be a part of, the South Fork
Eel River Wilderness, as designated by section 3(10) of Public
Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2066).
(14) South fork trinity river wilderness.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 26,446 acres, as generally depicted on the map
entitled ``South Fork Trinity River Wilderness and Potential
Wildernesses--Proposed'' and dated March 11, 2019, which shall
be known as the South Fork Trinity River Wilderness.
(15) Trinity alps wilderness addition.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 60,826 acres, as generally depicted on the maps
entitled ``Trinity Alps Proposed Wilderness Additions EAST''
and ``Trinity Alps Proposed Wilderness Additions WEST'' and
dated January 15, 2020, which is incorporated in, and
considered to be a part of, the Trinity Alps Wilderness, as
designated by section 101(a)(34) of the California Wilderness
Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by
section 3(7) of Public Law 109-362 (16 U.S.C. 1132 note; 120
Stat. 2065)).
(16) Underwood wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
15,069 acres, as generally depicted on the map entitled
``Underwood Wilderness--Proposed'' and dated January 15, 2020,
which shall be known as the Underwood Wilderness.
(17) Yolla bolly-middle eel wilderness additions.--Certain
Federal land managed by the Forest Service and the Bureau of
Land Management in the State, comprising approximately 10,729
acres, as generally depicted on the map entitled ``Yolla Bolly
Middle Eel Wilderness Additions and Potential Wildernesses--
Proposed'' and dated June 7, 2018, which is incorporated in,
and considered to be a part of, the Yolla Bolly-Middle Eel
Wilderness, as designated by section 3 of the Wilderness Act
(16 U.S.C. 1132) (as amended by section 3(4) of Public Law 109-
362 (16 U.S.C. 1132 note; 120 Stat. 2065)).
(18) Yuki wilderness addition.--Certain Federal land
managed by the Forest Service and the Bureau of Land Management
in the State, comprising approximately 11,076 acres, as
generally depicted on the map entitled ``Yuki Wilderness
Additions--Proposed'' and dated January 15, 2020, which is
incorporated in, and considered to be a part of, the Yuki
Wilderness, as designated by section 3(3) of Public Law 109-362
(16 U.S.C. 1132 note; 120 Stat. 2065).
(b) Redesignation of North Fork Wilderness as North Fork Eel River
Wilderness.--Section 101(a)(19) of Public Law 98-425 (16 U.S.C. 1132
note; 98 Stat. 1621) is amended by striking ``North Fork Wilderness''
and inserting ``North Fork Eel River Wilderness''. Any reference in a
law, map, regulation, document, paper, or other record of the United
States to the North Fork Wilderness shall be deemed to be a reference
to the North Fork Eel River Wilderness.
(c) Elkhorn Ridge Wilderness Adjustments.--The boundary of the
Elkhorn Ridge Wilderness established by section 6(d) of Public Law 109-
362 (16 U.S.C. 1132 note) is adjusted by deleting approximately 30
acres of Federal land as generally depicted on the map entitled
``Proposed Elkhorn Ridge Wilderness Additions'' and dated October 24,
2019.
SEC. 232. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the wilderness
areas and wilderness additions established by section 231 shall be
administered by the Secretary in accordance with this subtitle and the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness 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.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by section
231 as are necessary for the control of fire, insects, and
diseases in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th
Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire and fuels management in the wilderness areas
or wilderness additions designated by this title.
(3) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and efficient
response to fire emergencies in the wilderness additions
designated by this subtitle, the Secretary of Agriculture
shall--
(A) not later than 1 year after the date of
enactment of this Act, establish agency approval
procedures (including appropriate delegations of
authority to the Forest Supervisor, District Manager,
or other agency officials) for responding to fire
emergencies; and
(B) enter into agreements with appropriate State or
local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness areas and
wilderness additions designated by this title, if established before
the date of enactment of this Act, shall be administered in accordance
with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2)(A) for lands under the jurisdiction of the Secretary of
Agriculture, the guidelines set forth in the report of the
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 5487 of the 96th Congress (H.
Rept. 96-617); or
(B) for lands under the jurisdiction of the Secretary of
the Interior, 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 (H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title
affects the jurisdiction or responsibilities of the State with
respect to fish and wildlife on public land in the State.
(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 that are
necessary to maintain or restore fish, wildlife, and plant
populations and habitats in the wilderness areas or wilderness
additions designated by section 231, if the management
activities are--
(A) consistent with relevant wilderness management
plans; and
(B) conducted in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(ii) appropriate policies, such as the
policies established in Appendix B of House
Report 101-405.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for designation
of wilderness or wilderness additions by this title to lead to
the creation of protective perimeters or buffer zones around
each wilderness area or wilderness addition.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(f) Military Activities.--Nothing in this subtitle precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by section
231;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
section 231; or
(3) the use or establishment of military flight training
routes over the wilderness areas or wilderness additions
designated by section 231.
(g) Horses.--Nothing in this subtitle precludes horseback riding
in, or the entry of recreational or commercial saddle or pack stock
into, an area designated as a wilderness area or wilderness addition by
section 231--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the wilderness
areas and wilderness additions designated by section 231 are withdrawn
from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(i) Use by Members of Indian Tribes.--
(1) Access.--In recognition of the past use of wilderness
areas and wilderness additions designated by this title by
members of Indian Tribes for traditional cultural and religious
purposes, the Secretary shall ensure that Indian Tribes have
access to the wilderness areas and wilderness additions
designated by section 231 for traditional cultural and
religious purposes.
(2) Temporary closures.--
(A) In general.--In carrying out this section, the
Secretary, on request of an Indian Tribe, may
temporarily close to the general public one or more
specific portions of a wilderness area or wilderness
addition to protect the privacy of the members of the
Indian Tribe in the conduct of the traditional cultural
and religious activities in the wilderness area or
wilderness addition.
(B) Requirement.--Any closure under subparagraph
(A) shall be made in such a manner as to affect the
smallest practicable area for the minimum period of
time necessary for the activity to be carried out.
(3) Applicable law.--Access to the wilderness areas and
wilderness additions under this subsection shall be in
accordance with--
(A) Public Law 95-341 (commonly known as the
American Indian Religious Freedom Act) (42 U.S.C. 1996
et seq.); and
(B) the Wilderness Act (16 U.S.C. 1131 et seq.).
(j) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area or wilderness addition designated by
section 231 that is acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located;
(2) be withdrawn in accordance with subsection (h); and
(3) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological collection devices in the wilderness areas and
wilderness additions designated by section 231 if the Secretary
determines that the facilities and access to the facilities are
essential to flood warning, flood control, or water reservoir operation
activities.
(l) Authorized Events.--The Secretary may continue to authorize the
competitive equestrian event permitted since 2012 in the Chinquapin
Wilderness established by section 231 in a manner compatible with the
preservation of the area as wilderness.
(m) Recreational Climbing.--Nothing in this title prohibits
recreational rock climbing activities in the wilderness areas, such as
the placement, use, and maintenance of fixed anchors, including any
fixed anchor established before the date of the enactment of this Act--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
SEC. 233. DESIGNATION OF POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the following areas in the State are
designated as potential wilderness areas:
(1) Certain Federal land managed by the Forest Service,
comprising approximately 3,797 acres, as generally depicted on
the map entitled ``Chinquapin Proposed Potential Wilderness''
and dated January 15, 2020.
(2) Certain Federal land administered by the National Park
Service, compromising approximately 31,000 acres, as generally
depicted on the map entitled ``Redwood National Park--Potential
Wilderness'' and dated October 9, 2019.
(3) Certain Federal land managed by the Forest Service,
comprising approximately 8,961 acres, as generally depicted on
the map entitled ``Siskiyou Wilderness Additions and Potential
Wildernesses--Proposed'' and dated July 24, 2018.
(4) Certain Federal land managed by the Forest Service,
comprising approximately 405 acres, as generally depicted on
the map entitled ``South Fork Trinity River Wilderness and
Potential Wildernesses--Proposed'' and dated March 11, 2019.
(5) Certain Federal land managed by the Forest Service,
comprising approximately 1,256 acres, as generally depicted on
the map entitled ``Trinity Alps Proposed Potential Wilderness''
and dated January 15, 2020.
(6) Certain Federal land managed by the Forest Service,
comprising approximately 4,282 acres, as generally depicted on
the map entitled ``Yolla Bolly Middle Eel Wilderness Additions
and Potential Wildernesses--Proposed'' and dated June 7, 2018.
(7) Certain Federal land managed by the Forest Service,
comprising approximately 2,909 acres, as generally depicted on
the map entitled ``Yuki Proposed Potential Wilderness'' and
dated January 15, 2020.
(b) Management.--Except as provided in subsection (c) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness areas designated by subsection (a) (referred to in this
section as ``potential wilderness areas'') as wilderness until the
potential wilderness areas are designated as wilderness under
subsection (d).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of nonnative species, removal of
illegal, unused, or decommissioned roads, repair of skid
tracks, and any other activities necessary to restore the
natural ecosystems in a potential wilderness area and
consistent with paragraph (2)), the Secretary may use motorized
equipment and mechanized transport in a potential wilderness
area until the potential wilderness area is designated as
wilderness under subsection (d).
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative practice
necessary to accomplish ecological restoration with the least
amount of adverse impact on wilderness character and resources.
(d) Eventual Wilderness Designation.--The potential wilderness
areas shall be designated as wilderness and as a component of the
National Wilderness Preservation System on the earlier of--
(1) the date on which the Secretary publishes in the
Federal Register notice that the conditions in a potential
wilderness area that are incompatible with the Wilderness Act
(16 U.S.C. 1131 et seq.) have been removed; or
(2) the date that is 10 years after the date of enactment
of this Act for potential wilderness areas located on lands
managed by the Forest Service.
(e) Administration as Wilderness.--
(1) In general.--On its designation as wilderness under
subsection (d), a potential wilderness area shall be
administered in accordance with section 232 and the Wilderness
Act (16 U.S.C. 1131 et seq.).
(2) Designation.--On its designation as wilderness under
subsection (d)--
(A) the land described in subsection (a)(1) shall
be incorporated in, and considered to be a part of, the
Chinquapin Wilderness established by section 231(a)(3);
(B) the land described in subsection (a)(3) shall
be incorporated in, and considered to be a part of, the
Siskiyou Wilderness as designated by section 231(a)(30)
of the California Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 1623) (as amended by section 3(5)
of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2065) and expanded by section 231(a)(12));
(C) the land described in subsection (a)(4) shall
be incorporated in, and considered to be a part of, the
South Fork Trinity River Wilderness established by
section 231(a)(14);
(D) the land described in subsection (a)(5) shall
be incorporated in, and considered to be a part of, the
Trinity Alps Wilderness as designated by section
101(a)(34) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 1623) (as amended by section
3(7) of Public Law 109-362 (16 U.S.C. 1132 note; 120
Stat. 2065) and expanded by section 231(a)(15));
(E) the land described in subsection (a)(6) shall
be incorporated in, and considered to be a part of, the
Yolla Bolly-Middle Eel Wilderness as designated by
section 3 of the Wilderness Act (16 U.S.C. 1132) (as
amended by section 3(4) of Public Law 109-362 (16
U.S.C. 1132 note; 120 Stat. 2065) and expanded by
section 231(a)(17)); and
(F) the land described in subsection (a)(7) shall
be incorporated in, and considered to be a part of, the
Yuki Wilderness as designated by section 3(3) of Public
Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2065) and
expanded by section 231(a)(18).
(f) Report.--Within 3 years after the date of enactment of this
Act, and every 3 years thereafter until the date upon which the
potential wilderness is designated wilderness under subsection (d), the
Secretary shall submit a report to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate on the status of ecological restoration within
the potential wilderness area and the progress toward the potential
wilderness area's eventual wilderness designation under subsection (d).
SEC. 234. DESIGNATION OF WILD AND SCENIC RIVERS.
Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
``(231) South fork trinity river.--The following segments
from the source tributaries in the Yolla Bolly-Middle Eel
Wilderness, to be administered by the Secretary of Agriculture:
``(A) The 18.3-mile segment from its multiple
source springs in the Cedar Basin of the Yolla Bolly-
Middle Eel Wilderness in section 15, T. 27 N., R. 10 W.
to .25 miles upstream of the Wild Mad Road, as a wild
river.
``(B) The .65-mile segment from .25 miles upstream
of Wild Mad Road to the confluence with the unnamed
tributary approximately .4 miles downstream of the Wild
Mad Road in section 29, T. 28 N., R. 11 W., as a scenic
river.
``(C) The 9.8-mile segment from .75 miles
downstream of Wild Mad Road to Silver Creek, as a wild
river.
``(D) The 5.4-mile segment from Silver Creek
confluence to Farley Creek, as a scenic river.
``(E) The 3.6-mile segment from Farley Creek to
Cave Creek, as a recreational river.
``(F) The 5.6-mile segment from Cave Creek to the
confluence of the unnamed creek upstream of Hidden
Valley Ranch in section 5, T. 15, R. 7 E., as a wild
river.
``(G) The 2.5-mile segment from unnamed creek
confluence upstream of Hidden Valley Ranch to the
confluence with the unnamed creek flowing west from
Bear Wallow Mountain in section 29, T. 1 N., R. 7 E.,
as a scenic river.
``(H) The 3.8-mile segment from the unnamed creek
confluence in section 29, T. 1 N., R. 7 E. to Plummer
Creek, as a wild river.
``(I) The 1.8-mile segment from Plummer Creek to
the confluence with the unnamed tributary north of
McClellan Place in section 6, T. 1 N., R. 7 E., as a
scenic river.
``(J) The 5.4-mile segment from the unnamed
tributary confluence in section 6, T. 1 N., R. 7 E. to
Hitchcock Creek, as a wild river.
``(K) The 7-mile segment from Eltapom Creek to the
Grouse Creek, as a scenic river.
``(L) The 5-mile segment from Grouse Creek to Coon
Creek, as a wild river.
``(232) East fork south fork trinity river.--The following
segments to be administered by the Secretary of Agriculture:
``(A) The 8.4-mile segment from its source in the
Pettijohn Basin in the Yolla Bolly-Middle Eel
Wilderness in section 10, T. 3 S., R. 10 W. to .25
miles upstream of the Wild Mad Road, as a wild river.
``(B) The 3.4-mile segment from .25 miles upstream
of the Wild Mad Road to the South Fork Trinity River,
as a recreational river.
``(233) Rattlesnake creek.--The 5.9-mile segment from the
confluence with the unnamed tributary in the southeast corner
of section 5, T. 1 S., R. 12 W. to the South Fork Trinity
River, to be administered by the Secretary of Agriculture as a
recreational river.
``(234) Butter creek.--The 7-mile segment from .25 miles
downstream of the Road 3N08 crossing to the South Fork Trinity
River, to be administered by the Secretary of Agriculture as a
scenic river.
``(235) Hayfork creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.2-mile segment from Little Creek to
Bear Creek, as a recreational river.
``(B) The 13.2-mile segment from Bear Creek to the
northern boundary of section 19, T. 3 N., R. 7 E., as a
scenic river.
``(236) Olsen creek.--The 2.8-mile segment from the
confluence of its source tributaries in section 5, T. 3 N., R.
7 E. to the northern boundary of section 24, T. 3 N., R. 6 E.,
to be administered by the Secretary of the Interior as a scenic
river.
``(237) Rusch creek.--The 3.2-mile segment from .25 miles
downstream of the 32N11 Road crossing to Hayfork Creek, to be
administered by the Secretary of Agriculture as a recreational
river.
``(238) Eltapom creek.--The 3.4-mile segment from Buckhorn
Creek to the South Fork Trinity River, to be administered by
the Secretary of Agriculture as a wild river.
``(239) Grouse creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.9-mile segment from Carson Creek to Cow
Creek, as a scenic river.
``(B) The 7.4-mile segment from Cow Creek to the
South Fork Trinity River, as a recreational river.
``(240) Madden creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 6.8-mile segment from the confluence of
Madden Creek and its unnamed tributary in section 18,
T. 5 N., R. 5 E. to Fourmile Creek, as a wild river.
``(B) The 1.6-mile segment from Fourmile Creek to
the South Fork Trinity River, as a recreational river.
``(241) Canyon creek.--The following segments to be
administered by the Secretary of Agriculture and the Secretary
of the Interior:
``(A) The 6.6-mile segment from the outlet of lower
Canyon Creek Lake to Bear Creek upstream of Ripstein,
as a wild river.
``(B) The 11.2-mile segment from Bear Creek
upstream of Ripstein to the southern boundary of
section 25, T. 34 N., R. 11 W., as a recreational
river.
``(242) North fork trinity river.--The following segments
to be administered by the Secretary of Agriculture:
``(A) The 12-mile segment from the confluence of
source tributaries in section 24, T. 8 N., R. 12 W. to
the Trinity Alps Wilderness boundary upstream of Hobo
Gulch, as a wild river.
``(B) The .5-mile segment from where the river
leaves the Trinity Alps Wilderness to where it fully
reenters the Trinity Alps Wilderness downstream of Hobo
Gulch, as a scenic river.
``(C) The 13.9-mile segment from where the river
fully reenters the Trinity Alps Wilderness downstream
of Hobo Gulch to the Trinity Alps Wilderness boundary
upstream of the County Road 421 crossing, as a wild
river.
``(D) The 1.3-mile segment from the Trinity Alps
Wilderness boundary upstream of the County Road 421
crossing to the Trinity River, as a recreational river.
``(243) East fork north fork trinity river.--The following
segments to be administered by the Secretary of Agriculture:
``(A) The 9.5-mile segment from the river's source
north of Mt. Hilton in section 19, T. 36 N., R. 10 W.
to the end of Road 35N20 approximately .5 miles
downstream of the confluence with the East Branch East
Fork North Fork Trinity River, as a wild river.
``(B) The 3.25-mile segment from the end of Road
35N20 to .25 miles upstream of Coleridge, as a scenic
river.
``(C) The 4.6-mile segment from .25 miles upstream
of Coleridge to the confluence of Fox Gulch, as a
recreational river.
``(244) New river.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 12.7-mile segment of Virgin Creek from
its source spring in section 22, T. 9 N., R. 7 E. to
Slide Creek, as a wild river.
``(B) The 2.3-mile segment of the New River where
it begins at the confluence of Virgin and Slide Creeks
to Barron Creek, as a wild river.
``(245) Middle eel river.--The following segment, to be
administered by the Secretary of Agriculture:
``(A) The 37.7-mile segment from its source in
Frying Pan Meadow to Rose Creek, as a wild river.
``(B) The 1.5-mile segment from Rose Creek to the
Black Butte River, as a recreational river.
``(C) The 10.5-mile segment of Balm of Gilead Creek
from its source in Hopkins Hollow to the Middle Eel
River, as a wild river.
``(D) The 13-mile segment of the North Fork Middle
Fork Eel River from the source on Dead Puppy Ridge in
section 11, T. 26 N., R. 11 W. to the confluence of the
Middle Eel River, as a wild river.
``(246) North fork eel river, ca.--The 14.3-mile segment
from the confluence with Gilman Creek to the Six Rivers
National Forest boundary, to be administered by the Secretary
of Agriculture as a wild river.
``(247) Red mountain creek, ca.--The following segments to
be administered by the Secretary of Agriculture:
``(A) The 5.25-mile segment from its source west of
Mike's Rock in section 23, T. 26 N., R. 12 E. to the
confluence with Littlefield Creek, as a wild river.
``(B) The 1.6-mile segment from the confluence with
Littlefield Creek to the confluence with the unnamed
tributary in section 32, T. 26 N., R. 8 E., as a scenic
river.
``(C) The 1.25-mile segment from the confluence
with the unnamed tributary in section 32, T. 4 S., R. 8
E. to the confluence with the North Fork Eel River, as
a wild river.
``(248) Redwood creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the confluence with
Lacks Creek to the confluence with Coyote Creek as a
scenic river on publication by the Secretary of a
notice in the Federal Register that sufficient
inholdings within the boundaries of the segments have
been acquired in fee title to establish a manageable
addition to the system.
``(B) The 19.1-mile segment from the confluence
with Coyote Creek in section 2, T. 8 N., R. 2 E. to the
Redwood National Park boundary upstream of Orick in
section 34, T. 11 N., R. 1 E. as a scenic river.
``(C) The 2.3-mile segment of Emerald Creek (also
known as Harry Weir Creek) from its source in section
29, T. 10 N., R. 2 E. to the confluence with Redwood
Creek as a scenic river.
``(249) Lacks creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 5.1-mile segment from the confluence with
two unnamed tributaries in section 14, T. 7 N., R. 3 E.
to Kings Crossing in section 27, T. 8 N., R. 3 E. as a
wild river.
``(B) The 2.7-mile segment from Kings Crossing to
the confluence with Redwood Creek as a scenic river
upon publication by the Secretary of a notice in the
Federal Register that sufficient inholdings within the
segment have been acquired in fee title or as scenic
easements to establish a manageable addition to the
system.
``(250) Lost man creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.4-mile segment of Lost Man Creek from
its source in section 5, T. 10 N., R. 2 E. to .25 miles
upstream of the Prairie Creek confluence, as a
recreational river.
``(B) The 2.3-mile segment of Larry Damm Creek from
its source in section 8, T. 11 N., R. 2 E. to the
confluence with Lost Man Creek, as a recreational
river.
``(251) Little lost man creek.--The 3.6-mile segment of
Little Lost Man Creek from its source in section 6, T. 10 N.,
R. 2 E. to .25 miles upstream of the Lost Man Creek road
crossing, to be administered by the Secretary of the Interior
as a wild river.
``(252) South fork elk river.--The following segments to be
administered by the Secretary of the Interior through a
cooperative management agreement with the State of California:
``(A) The 3.6-mile segment of the Little South Fork
Elk River from the source in section 21, T. 3 N., R. 1
E. to the confluence with the South Fork Elk River, as
a wild river.
``(B) The 2.2-mile segment of the unnamed tributary
of the Little South Fork Elk River from its source in
section 15, T. 3 N., R. 1 E. to the confluence with the
Little South Fork Elk River, as a wild river.
``(C) The 3.6-mile segment of the South Fork Elk
River from the confluence of the Little South Fork Elk
River to the confluence with Tom Gulch, as a
recreational river.
``(253) Salmon creek.--The 4.6-mile segment from its source
in section 27, T. 3 N., R. 1 E. to the Headwaters Forest
Reserve boundary in section 18, T. 3 N., R. 1 E. to be
administered by the Secretary of the Interior as a wild river
through a cooperative management agreement with the State of
California.
``(254) South fork eel river.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the confluence with
Jack of Hearts Creek to the southern boundary of the
South Fork Eel Wilderness in section 8, T. 22 N., R. 16
W., as a recreational river to be administered by the
Secretary through a cooperative management agreement
with the State of California.
``(B) The 6.1-mile segment from the southern
boundary of the South Fork Eel Wilderness to the
northern boundary of the South Fork Eel Wilderness in
section 29, T. 23 N., R. 16 W., as a wild river.
``(255) Elder creek.--The following segments to be
administered by the Secretary of the Interior through a
cooperative management agreement with the State of California:
``(A) The 3.6-mile segment from its source north of
Signal Peak in section 6, T. 21 N., R. 15 W. to the
confluence with the unnamed tributary near the center
of section 28, T. 22 N., R. 16 W., as a wild river.
``(B) The 1.3-mile segment from the confluence with
the unnamed tributary near the center of section 28, T.
22 N., R. 15 W. to the confluence with the South Fork
Eel River, as a recreational river.
``(C) The 2.1-mile segment of Paralyze Canyon from
its source south of Signal Peak in section 7, T. 21 N.,
R. 15 W. to the confluence with Elder Creek, as a wild
river.
``(256) Cedar creek.--The following segments to be
administered as a wild river by the Secretary of the Interior:
``(A) The 7.7-mile segment from its source in
section 22, T. 24 N., R. 16 W. to the southern boundary
of the Red Mountain unit of the South Fork Eel
Wilderness.
``(B) The 1.9-mile segment of North Fork Cedar
Creek from its source in section 28, T. 24 N., R. 16 E.
to the confluence with Cedar Creek.
``(257) East branch south fork eel river.--The following
segments to be administered by the Secretary of the Interior as
a scenic river on publication by the Secretary of a notice in
the Federal Register that sufficient inholdings within the
boundaries of the segments have been acquired in fee title or
as scenic easements to establish a manageable addition to the
system:
``(A) The 2.3-mile segment of Cruso Cabin Creek
from the confluence of two unnamed tributaries in
section 18, T. 24 N., R. 15 W. to the confluence with
Elkhorn Creek.
``(B) The 1.8-mile segment of Elkhorn Creek from
the confluence of two unnamed tributaries in section
22, T. 24 N., R. 16 W. to the confluence with Cruso
Cabin Creek.
``(C) The 14.2-mile segment of the East Branch
South Fork Eel River from the confluence of Cruso Cabin
and Elkhorn Creeks to the confluence with Rays Creek.
``(D) The 1.7-mile segment of the unnamed tributary
from its source on the north flank of Red Mountain's
north ridge in section 2, T. 24 N., R. 17 W. to the
confluence with the East Branch South Fork Eel River.
``(E) The 1.3-mile segment of the unnamed tributary
from its source on the north flank of Red Mountain's
north ridge in section 1, T. 24 N., R. 17 W. to the
confluence with the East Branch South Fork Eel River.
``(F) The 1.8-mile segment of Tom Long Creek from
the confluence with the unnamed tributary in section
12, T. 5 S., R. 4 E. to the confluence with the East
Branch South Fork Eel River.
``(258) Mattole river estuary.--The 1.5-mile segment from
the confluence of Stansberry Creek to the Pacific Ocean, to be
administered as a recreational river by the Secretary of the
Interior.
``(259) Honeydew creek.--The following segments to be
administered as a wild river by the Secretary of the Interior:
``(A) The 5.1-mile segment of Honeydew Creek from
its source in the southwest corner of section 25, T. 3
S., R. 1 W. to the eastern boundary of the King Range
National Conservation Area in section 18, T. 3 S., R. 1
E.
``(B) The 2.8-mile segment of West Fork Honeydew
Creek from its source west of North Slide Peak to the
confluence with Honeydew Creek.
``(C) The 2.7-mile segment of Upper East Fork
Honeydew Creek from its source in section 23, T. 3 S.,
R. 1 W. to the confluence with Honeydew Creek.
``(260) Bear creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 1.9-mile segment of North Fork Bear Creek
from the confluence with the unnamed tributary
immediately downstream of the Horse Mountain Road
crossing to the confluence with the South Fork, as a
scenic river.
``(B) The 6.1-mile segment of South Fork Bear Creek
from the confluence in section 2, T. 5 S., R. 1 W. with
the unnamed tributary flowing from the southwest flank
of Queen Peak to the confluence with the North Fork, as
a scenic river.
``(C) The 3-mile segment of Bear Creek from the
confluence of the North and South Forks to the southern
boundary of section 11, T. 4 S., R. 1 E., as a wild
river.
``(261) Gitchell creek.--The 3-mile segment of Gitchell
Creek from its source near Saddle Mountain to the Pacific Ocean
to be administered by the Secretary of the Interior as a wild
river.
``(262) Big flat creek.--The following segments to be
administered by the Secretary of the Interior as a wild river:
``(A) The 4-mile segment of Big Flat Creek from its
source near King Peak in section 36, T. 3 S., R. 1 W.
to the Pacific Ocean.
``(B) The .8-mile segment of the unnamed tributary
from its source in section 35, T. 3 S., R. 1 W. to the
confluence with Big Flat Creek.
``(C) The 2.7-mile segment of North Fork Big Flat
Creek from the source in section 34, T. 3 S., R. 1 W.
to the confluence with Big Flat Creek.
``(263) Big creek.--The following segments to be
administered by the Secretary of the Interior as wild rivers:
``(A) The 2.7-mile segment of Big Creek from its
source in section 26, T. 3 S., R. 1 W. to the Pacific
Ocean.
``(B) The 1.9-mile unnamed southern tributary from
its source in section 25, T. 3 S., R. 1 W. to the
confluence with Big Creek.
``(264) Elk creek.--The 11.4-mile segment from its
confluence with Lookout Creek to its confluence with Deep Hole
Creek, to be jointly administered by the Secretaries of
Agriculture and the Interior, as a wild river.
``(265) Eden creek.--The 2.7-mile segment from the private
property boundary in the northwest quarter of section 27, T. 21
N., R. 12 W. to the eastern boundary of section 23, T. 21 N.,
R. 12 W., to be administered by the Secretary of the Interior
as a wild river.
``(266) Deep hole creek.--The 4.3-mile segment from the
private property boundary in the southwest quarter of section
13, T. 20 N., R. 12 W. to the confluence with Elk Creek, to be
administered by the Secretary of the Interior as a wild river.
``(267) Indian creek.--The 3.3-mile segment from 300 feet
downstream of the jeep trail in section 13, T. 20 N., R. 13 W.
to the confluence with the Eel River, to be administered by the
Secretary of the Interior as a wild river.
``(268) Fish creek.--The 4.2-mile segment from the source
at Buckhorn Spring to the confluence with the Eel River, to be
administered by the Secretary of the Interior as a wild
river.''.
SEC. 235. SANHEDRIN SPECIAL CONSERVATION MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there is
established the Sanhedrin Special Conservation Management Area
(referred to in this section as the ``conservation management area''),
comprising approximately 14,177 acres of Federal land administered by
the Forest Service in Mendocino County, California, as generally
depicted on the map entitled ``Sanhedrin Special Conservation
Management Area--Proposed'' and dated April 12, 2017.
(b) Purposes.--The purposes of the conservation management area are
to--
(1) conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, roadless, cultural, historical,
natural, educational, and scientific resources of the
conservation management area;
(2) protect and restore late-successional forest structure,
oak woodlands and grasslands, aquatic habitat, and anadromous
fisheries within the conservation management area;
(3) protect and restore the wilderness character of the
conservation management area; and
(4) allow visitors to enjoy the scenic, natural, cultural,
and wildlife values of the conservation management area.
(c) Management.--
(1) In general.--The Secretary shall manage the
conservation management area--
(A) in a manner consistent with the purposes
described in subsection (b); and
(B) in accordance with--
(i) the laws (including regulations)
generally applicable to the National Forest
System;
(ii) this section; and
(iii) any other applicable law (including
regulations).
(2) Uses.--The Secretary shall only allow uses of the
conservation management area that the Secretary determines
would further the purposes described in subsection (b).
(d) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (3), the
use of motorized vehicles in the conservation management area
shall be permitted only on existing roads, trails, and areas
designated for use by such vehicles as of the date of enactment
of this Act.
(2) New or temporary roads.--Except as provided in
paragraph (3), no new or temporary roads shall be constructed
within the conservation management area.
(3) Exception.--Nothing in paragraph (1) or (2) prevents
the Secretary from--
(A) rerouting or closing an existing road or trail
to protect natural resources from degradation, or to
protect public safety, as determined to be appropriate
by the Secretary;
(B) designating routes of travel on lands acquired
by the Secretary and incorporated into the conservation
management area if the designations are--
(i) consistent with the purposes described
in subsection (b); and
(ii) completed, to the maximum extent
practicable, within 3 years of the date of
acquisition;
(C) constructing a temporary road on which
motorized vehicles are permitted as part of a
vegetation management project carried out in accordance
with subsection (e);
(D) authorizing the use of motorized vehicles for
administrative purposes; or
(E) responding to an emergency.
(4) Decommissioning of temporary roads.--
(A) Requirement.--The Secretary shall decommission
any temporary road constructed under paragraph (3)(C)
not later than 3 years after the date on which the
applicable vegetation management project is completed.
(B) Definition.--As used in subparagraph (A), the
term ``decommission'' means--
(i) to reestablish vegetation on a road;
and
(ii) to restore any natural drainage,
watershed function, or other ecological
processes that are disrupted or adversely
impacted by the road by removing or
hydrologically disconnecting the road prism.
(e) Timber Harvest.--
(1) In general.--Except as provided in paragraph (2), no
harvesting of timber shall be allowed within the conservation
management area.
(2) Exceptions.--The Secretary may authorize harvesting of
timber in the conservation management area--
(A) if the Secretary determines that the harvesting
is necessary to further the purposes of the
conservation management area;
(B) in a manner consistent with the purposes
described in subsection (b); and
(C) subject to--
(i) such reasonable regulations, policies,
and practices as the Secretary determines
appropriate; and
(ii) all applicable laws (including
regulations).
(f) Grazing.--The grazing of livestock in the conservation
management area, where established before the date of enactment of this
Act, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies, and
practices as the Secretary considers necessary; and
(B) applicable law (including regulations); and
(2) in a manner consistent with the purposes described in
subsection (b).
(g) Wildfire, Insect, and Disease Management.--Consistent with this
section, the Secretary may take any measures within the conservation
management area that the Secretary determines to be necessary to
control fire, insects, and diseases, including the coordination of
those activities with a State or local agency.
(h) Acquisition and Incorporation of Land and Interests in Land.--
(1) Acquisition authority.--In accordance with applicable
laws (including regulations), the Secretary may acquire any
land or interest in land within or adjacent to the boundaries
of the conservation management area by purchase from willing
sellers, donation, or exchange.
(2) Incorporation.--Any land or interest in land acquired
by the Secretary under paragraph (1) shall be--
(A) incorporated into, and administered as part of,
the conservation management area; and
(B) withdrawn in accordance with subsection (i).
(i) Withdrawal.--Subject to valid existing rights, all Federal land
located in the conservation management area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patenting under the mining laws;
and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
Subtitle D--Miscellaneous
SEC. 241. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall prepare maps and legal descriptions of
the--
(1) wilderness areas and wilderness additions designated by
section 231;
(2) potential wilderness areas designated by section 233;
(3) South Fork Trinity-Mad River Restoration Area;
(4) Horse Mountain Special Management Area; and
(5) Sanhedrin Special Conservation Management Area.
(b) Submission of Maps and Legal Descriptions.--The Secretary shall
file the maps and legal descriptions prepared under subsection (a)
with--
(1) the Committee on Natural Resources of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate.
(c) Force of Law.--The maps and legal descriptions prepared under
subsection (a) shall have the same force and effect as if included in
this title, except that the Secretary may correct any clerical and
typographical errors in the maps and legal descriptions.
(d) Public Availability.--The maps and legal descriptions prepared
under subsection (a) shall be on file and available for public
inspection in the appropriate offices of the Forest Service, Bureau of
Land Management, and National Park Service.
SEC. 242. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS.
As soon as practicable, in accordance with applicable laws
(including regulations), the Secretary shall incorporate the
designations and studies required by this title into updated management
plans for units covered by this title.
SEC. 243. PACIFIC GAS AND ELECTRIC COMPANY UTILITY FACILITIES AND
RIGHTS-OF-WAY.
(a) Effect of Act.--Nothing in this title--
(1) affects any validly issued right-of-way for the
customary operation, maintenance, upgrade, repair, relocation
within an existing right-of-way, replacement, or other
authorized activity (including the use of any mechanized
vehicle, helicopter, and other aerial device) in a right-of-way
acquired by or issued, granted, or permitted to Pacific Gas and
Electric Company (including any predecessor or successor in
interest or assign) that is located on land included in the
South Fork Trinity--Mad River Restoration Area, Bigfoot
National Recreation Trail, Sanhedrin Special Conservation
Management Area, and Horse Mountain Special Management Area; or
(2) prohibits the upgrading or replacement of any--
(A) utility facilities of the Pacific Gas and
Electric Company, including those utility facilities
known on the date of enactment of this Act within the--
(i) South Fork Trinity--Mad River
Restoration Area known as--
(I) Gas Transmission Line 177A or
rights-of-way;
(II) Gas Transmission Line DFM
1312-02 or rights-of-way;
(III) Electric Transmission Line
Bridgeville--Cottonwood 115 kV or
rights-of-way;
(IV) Electric Transmission Line
Humboldt--Trinity 60 kV or rights-of-
way;
(V) Electric Transmission Line
Humboldt--Trinity 115 kV or rights-of-
way;
(VI) Electric Transmission Line
Maple Creek--Hoopa 60 kV or rights-of-
way;
(VII) Electric Distribution Line--
Willow Creek 1101 12 kV or rights-of-
way;
(VIII) Electric Distribution Line--
Willow Creek 1103 12 kV or rights-of-
way;
(IX) Electric Distribution Line--
Low Gap 1101 12 kV or rights-of-way;
(X) Electric Distribution Line--
Fort Seward 1121 12 kV or rights-of-
way;
(XI) Forest Glen Border District
Regulator Station or rights-of-way;
(XII) Durret District Gas Regulator
Station or rights-of-way;
(XIII) Gas Distribution Line 4269C
or rights-of-way;
(XIV) Gas Distribution Line 43991
or rights-of-way;
(XV) Gas Distribution Line 4993D or
rights-of-way;
(XVI) Sportsmans Club District Gas
Regulator Station or rights-of-way;
(XVII) Highway 36 and Zenia
District Gas Regulator Station or
rights-of-way;
(XVIII) Dinsmore Lodge 2nd Stage
Gas Regulator Station or rights-of-way;
(XIX) Electric Distribution Line--
Wildwood 1101 12kV or rights-of-way;
(XX) Low Gap Substation;
(XXI) Hyampom Switching Station; or
(XXII) Wildwood Substation;
(ii) Bigfoot National Recreation Trail
known as--
(I) Gas Transmission Line 177A or
rights-of-way;
(II) Electric Transmission Line
Humboldt--Trinity 115 kV or rights-of-
way;
(III) Electric Transmission Line
Bridgeville--Cottonwood 115 kV or
rights-of-way; or
(IV) Electric Transmission Line
Humboldt--Trinity 60 kV or rights-of-
way;
(iii) Sanhedrin Special Conservation
Management Area known as, Electric Distribution
Line--Willits 1103 12 kV or rights-of-way; or
(iv) Horse Mountain Special Management Area
known as, Electric Distribution Line Willow
Creek 1101 12 kV or rights-of-way; or
(B) utility facilities of the Pacific Gas and
Electric Company in rights-of-way issued, granted, or
permitted by the Secretary adjacent to a utility
facility referred to in paragraph (1).
(b) Plans for Access.--Not later than 1 year after the date of
enactment of this subtitle or the issuance of a new utility facility
right-of-way within the South Fork Trinity--Mad River Restoration Area,
Bigfoot National Recreation Trail, Sanhedrin Special Conservation
Management Area, and Horse Mountain Special Management Area, whichever
is later, the Secretary, in consultation with the Pacific Gas and
Electric Company, shall publish plans for regular and emergency access
by the Pacific Gas and Electric Company to the rights-of-way of the
Pacific Gas and Electric Company.
TITLE III--CENTRAL COAST HERITAGE PROTECTION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Central Coast Heritage Protection
Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Scenic areas.--The term ``scenic area'' means a scenic
area designated by section 308(a).
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land managed by the Bureau of
Land Management, the Secretary of the Interior; and
(B) with respect to land managed by the Forest
Service, the Secretary of Agriculture.
(3) State.--The term ``State'' means the State of
California.
(4) Wilderness area.--The term ``wilderness area'' means a
wilderness area or wilderness addition designated by section
303(a).
SEC. 303. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 35,116
acres, as generally depicted on the map entitled ``Proposed
Caliente Mountain Wilderness'' and dated November 13, 2019,
which shall be known as the ``Caliente Mountain Wilderness''.
(2) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 13,332
acres, as generally depicted on the map entitled ``Proposed
Soda Lake Wilderness'' and dated June 25, 2019, which shall be
known as the ``Soda Lake Wilderness''.
(3) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 12,585
acres, as generally depicted on the map entitled ``Proposed
Temblor Range Wilderness'' and dated June 25, 2019, which shall
be known as the ``Temblor Range Wilderness''.
(4) Certain land in the Los Padres National Forest
comprising approximately 23,670 acres, as generally depicted on
the map entitled ``Chumash Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Chumash Wilderness
as designated by the Los Padres Condor Range and River
Protection Act (Public Law 102-301; 106 Stat. 242).
(5) Certain land in the Los Padres National Forest
comprising approximately 54,036 acres, as generally depicted on
the maps entitled ``Dick Smith Wilderness Area Additions--
Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)'' and
``Dick Smith Wilderness Area Additions--Proposed Map 2 of 2
(Buckhorn and Mono Units)'' and dated November 14, 2019, which
shall be incorporated into and managed as part of the Dick
Smith Wilderness as designated by the California Wilderness Act
of 1984 (Public Law 98-425; 16 U.S.C. 1132 note).
(6) Certain land in the Los Padres National Forest and the
Bakersfield Field Office of the Bureau of Land Management
comprising approximately 7,289 acres, as generally depicted on
the map entitled ``Garcia Wilderness Area Additions--Proposed''
and dated March 29, 2019, which shall be incorporated into and
managed as part of the Garcia Wilderness as designated by the
Los Padres Condor Range and River Protection Act (Public Law
102-301; 106 Stat. 242).
(7) Certain land in the Los Padres National Forest and the
Bakersfield Field Office of the Bureau of Land Management
comprising approximately 8,774 acres, as generally depicted on
the map entitled ``Machesna Mountain Wilderness--Proposed
Additions'' and dated October 30, 2019, which shall be
incorporated into and managed as part of the Machesna Mountain
Wilderness as designated by the California Wilderness Act of
1984 (Public Law 98-425; 16 U.S.C. 1132 note).
(8) Certain land in the Los Padres National Forest
comprising approximately 30,184 acres, as generally depicted on
the map entitled ``Matilija Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Matilija
Wilderness as designated by the Los Padres Condor Range and
River Protection Act (Public Law 102-301; 106 Stat. 242).
(9) Certain land in the Los Padres National Forest
comprising approximately 23,969 acres, as generally depicted on
the map entitled ``San Rafael Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the San Rafael
Wilderness as designated by Public Law 90-271 (82 Stat. 51),
the California Wilderness Act of 1984 (Public Law 98-425; 16
U.S.C. 1132 note), and the Los Padres Condor Range and River
Protection Act (Public Law 102-301; 106 Stat. 242).
(10) Certain land in the Los Padres National Forest
comprising approximately 2,921 acres, as generally depicted on
the map entitled ``Santa Lucia Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Santa Lucia
Wilderness as designated by the Endangered American Wilderness
Act of 1978 (Public Law 95-237; 16 U.S.C. 1132 note).
(11) Certain land in the Los Padres National Forest
comprising approximately 14,313 acres, as generally depicted on
the map entitled ``Sespe Wilderness Area Additions--Proposed''
and dated March 29, 2019, which shall be incorporated into and
managed as part of the Sespe Wilderness as designated by the
Los Padres Condor Range and River Protection Act (Public Law
102-301; 106 Stat. 242).
(12) Certain land in the Los Padres National Forest
comprising approximately 17,870 acres, as generally depicted on
the map entitled ``Diablo Caliente Wilderness Area--Proposed''
and dated March 29, 2019, which shall be known as the ``Diablo
Caliente Wilderness''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the wilderness areas with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
any clerical and typographical errors in the maps and legal
descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
SEC. 304. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National
Forest comprising approximately 2,359 acres, as generally depicted on
the map entitled ``Machesna Mountain Potential Wilderness'' and dated
March 29, 2019, is designated as the Machesna Mountain Potential
Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Machesna Mountain Potential Wilderness Area
(referred to in this section as the ``potential wilderness
area'') with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
any clerical and typographical errors in the map and legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--Except as provided in subsection (d) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.).
(d) Trail Use, Construction, Reconstruction, and Realignment.--
(1) In general.--In accordance with paragraph (2), the
Secretary may reconstruct, realign, or reroute the Pine
Mountain Trail.
(2) Requirement.--In carrying out the reconstruction,
realignment, or rerouting under paragraph (1), the Secretary
shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use the
minimum tool or administrative practice necessary to
accomplish the reconstruction, realignment, or
rerouting with the least amount of adverse impact on
wilderness character and resources.
(3) Motorized vehicles and machinery.--In accordance with
paragraph (2), the Secretary may use motorized vehicles and
machinery to carry out the trail reconstruction, realignment,
or rerouting authorized by this subsection.
(4) Motorized and mechanized vehicles.--The Secretary may
permit the use of motorized and mechanized vehicles on the
existing Pine Mountain Trail in accordance with existing law
(including regulations) and this subsection until such date as
the potential wilderness area is designated as wilderness in
accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the Federal land
in the potential wilderness area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into cooperative agreements with State, Tribal, and
local governmental entities and private entities to complete the trail
reconstruction, realignment, or rerouting authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of the
potential wilderness area to exclude any area within 150 feet of the
centerline of the new location of any trail that has been
reconstructed, realigned, or rerouted under subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified
under subsection (g), shall be designated as wilderness and as
a component of the National Wilderness Preservation System on
the earlier of--
(A) the date on which the Secretary publishes in
the Federal Register notice that the trail
reconstruction, realignment, or rerouting authorized by
subsection (d) has been completed; or
(B) the date that is 20 years after the date of
enactment of this Act.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness area
shall be--
(A) incorporated into the Machesna Mountain
Wilderness Area, as designated by the California
Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C.
1132 note) and expanded by section 303; and
(B) administered in accordance with section 305 and
the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 305. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the wilderness
areas shall be administered by the Secretary in accordance with this
title and the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) 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 the Wilderness Act (16 U.S.C. 1131 et
seq.) to the Secretary of Agriculture shall be considered to be
a reference to the Secretary that has jurisdiction over the
wilderness area.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take any measures in a
wilderness area as are necessary for the control of fire,
insects, and diseases in accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of
the 98th Congress.
(2) Funding priorities.--Nothing in this title limits
funding for fire and fuels management in the wilderness areas.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this Act, the Secretary shall amend the local information in
the Fire Management Reference System or individual operational
plans that apply to the land designated as a wilderness area.
(4) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and efficient
response to fire emergencies in the wilderness areas, the
Secretary shall enter into agreements with appropriate State or
local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness areas, if
established before the date of enactment of this Act, shall be
permitted to continue, subject to any reasonable regulations as the
Secretary considers necessary in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4));
(2) the guidelines set forth in Appendix A of House Report
101-405, accompanying H.R. 2570 of the 101st Congress for land
under the jurisdiction of the Secretary of the Interior;
(3) the guidelines set forth in House Report 96-617,
accompanying H.R. 5487 of the 96th Congress for land under the
jurisdiction of the Secretary of Agriculture; and
(4) all other laws governing livestock grazing on Federal
public land.
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title
affects the jurisdiction or responsibilities of the State with
respect to fish and wildlife on public land in the State.
(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 that are
necessary to maintain or restore fish and wildlife populations
and habitats in the wilderness areas, if the management
activities are--
(A) consistent with relevant wilderness management
plans;
(B) conducted in accordance with appropriate
policies, such as the policies established in Appendix
B of House Report 101-405; and
(C) in accordance with memoranda of understanding
between the Federal agencies and the State Department
of Fish and Wildlife.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas by this title to lead to the
creation of protective perimeters or buffer zones around each
wilderness area.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(f) Military Activities.--Nothing in this title precludes--
(1) low-level overflights of military aircraft over the
wilderness areas;
(2) the designation of new units of special airspace over
the wilderness areas; or
(3) the use or establishment of military flight training
routes over wilderness areas.
(g) Horses.--Nothing in this title precludes horseback riding in,
or the entry of recreational saddle or pack stock into, a wilderness
area--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the wilderness
areas are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(i) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area that is acquired by the United States
shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) this section;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(C) any other applicable law.
(j) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological collection devices in the wilderness areas if the
Secretary determines that the facilities and access to the facilities
are essential to flood warning, flood control, or water reservoir
operation activities.
SEC. 306. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Indian Creek, Mono Creek, and Matilija Creek, California.--
Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
``(231) Indian creek, california.--The following segments
of Indian Creek in the State of California, to be administered
by the Secretary of Agriculture:
``(A) The 9.5-mile segment of Indian Creek from its
source in sec. 19, T. 7 N., R. 26 W., to the Dick Smith
Wilderness boundary, as a wild river.
``(B) The 1-mile segment of Indian Creek from the
Dick Smith Wilderness boundary to 0.25 miles downstream
of Road 6N24, as a scenic river.
``(C) The 3.9-mile segment of Indian Creek from
0.25 miles downstream of Road 6N24 to the southern
boundary of sec. 32, T. 6 N., R. 26 W., as a wild
river.
``(232) Mono creek, california.--The following segments of
Mono Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 4.2-mile segment of Mono Creek from its
source in sec. 1, T. 7 N., R. 26 W., to 0.25 miles
upstream of Don Victor Fire Road in sec. 28, T. 7 N.,
R. 25 W., as a wild river.
``(B) The 2.1-mile segment of Mono Creek from 0.25
miles upstream of the Don Victor Fire Road in sec. 28,
T. 7 N., R. 25 W., to 0.25 miles downstream of Don
Victor Fire Road in sec. 34, T. 7 N., R. 25 W., as a
recreational river.
``(C) The 14.7-mile segment of Mono Creek from 0.25
miles downstream of Don Victor Fire Road in sec. 34, T.
7 N., R. 25 W., to the Ogilvy Ranch private property
boundary in sec. 22, T. 6 N., R. 26 W., as a wild
river.
``(D) The 3.5-mile segment of Mono Creek from the
Ogilvy Ranch private property boundary to the southern
boundary of sec. 33, T. 6 N., R. 26 W., as a
recreational river.
``(233) Matilija creek, california.--The following segments
of Matilija Creek in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 7.2-mile segment of the Matilija Creek
from its source in sec. 25, T. 6 N., R. 25 W., to the
private property boundary in sec. 9, T. 5 N., R. 24 W.,
as a wild river.
``(B) The 7.25-mile segment of the Upper North Fork
Matilija Creek from its source in sec. 36, T. 6 N., R.
24 W., to the Matilija Wilderness boundary, as a wild
river.''.
(b) Sespe Creek, California.--Section 3(a) of the National Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph
(142) and inserting the following:
``(142) Sespe creek, california.--The following segments of
Sespe Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 2.7-mile segment of Sespe Creek from the
private property boundary in sec. 10, T. 6 N., R. 24
W., to the Hartman Ranch private property boundary in
sec. 14, T. 6 N., R. 24 W., as a wild river.
``(B) The 15-mile segment of Sespe Creek from the
Hartman Ranch private property boundary in sec. 14, T.
6 N., R. 24 W., to the western boundary of sec. 6, T. 5
N., R. 22 W., as a recreational river.
``(C) The 6.1-mile segment of Sespe Creek from the
western boundary of sec. 6, T. 5 N., R. 22 W., to the
confluence with Trout Creek, as a scenic river.
``(D) The 28.6-mile segment of Sespe Creek from the
confluence with Trout Creek to the southern boundary of
sec. 35, T. 5 N., R. 20 W., as a wild river.''.
(c) Sisquoc River, California.--Section 3(a) of the National Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking
paragraph (143) and inserting the following:
``(143) Sisquoc river, california.--The following segments
of the Sisquoc River and its tributaries in the State of
California, to be administered by the Secretary of Agriculture:
``(A) The 33-mile segment of the main stem of the
Sisquoc River extending from its origin downstream to
the Los Padres Forest boundary, as a wild river.
``(B) The 4.2-mile segment of the South Fork
Sisquoc River from its source northeast of San Rafael
Mountain in sec. 2, T. 7 N., R. 28 W., to its
confluence with the Sisquoc River, as a wild river.
``(C) The 10.4-mile segment of Manzana Creek from
its source west of San Rafael Peak in sec. 4, T. 7 N.,
R. 28 W., to the San Rafael Wilderness boundary
upstream of Nira Campground, as a wild river.
``(D) The 0.6-mile segment of Manzana Creek from
the San Rafael Wilderness boundary upstream of the Nira
Campground to the San Rafael Wilderness boundary
downstream of the confluence of Davy Brown Creek, as a
recreational river.
``(E) The 5.8-mile segment of Manzana Creek from
the San Rafael Wilderness boundary downstream of the
confluence of Davy Brown Creek to the private property
boundary in sec. 1, T. 8 N., R. 30 W., as a wild river.
``(F) The 3.8-mile segment of Manzana Creek from
the private property boundary in sec. 1, T. 8 N., R. 30
W., to the confluence of the Sisquoc River, as a
recreational river.
``(G) The 3.4-mile segment of Davy Brown Creek from
its source west of Ranger Peak in sec. 32, T. 8 N., R.
29 W., to 300 feet upstream of its confluence with
Munch Canyon, as a wild river.
``(H) The 1.4-mile segment of Davy Brown Creek from
300 feet upstream of its confluence with Munch Canyon
to its confluence with Manzana Creek, as a recreational
river.
``(I) The 2-mile segment of Munch Canyon from its
source north of Ranger Peak in sec. 33, T. 8 N., R. 29
W., to 300 feet upstream of its confluence with Sunset
Valley Creek, as a wild river.
``(J) The 0.5-mile segment of Munch Canyon from 300
feet upstream of its confluence with Sunset Valley
Creek to its confluence with Davy Brown Creek, as a
recreational river.
``(K) The 2.6-mile segment of Fish Creek from 500
feet downstream of Sunset Valley Road to its confluence
with Manzana Creek, as a wild river.
``(L) The 1.5-mile segment of East Fork Fish Creek
from its source in sec. 26, T. 8 N., R. 29 W., to its
confluence with Fish Creek, as a wild river.''.
(d) Piru Creek, California.--Section 3(a) of the National Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph
(199) and inserting the following:
``(199) Piru creek, california.--The following segments of
Piru Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 9.1-mile segment of Piru Creek from its
source in sec. 3, T. 6 N., R. 22 W., to the private
property boundary in sec. 4, T. 6 N., R. 21 W., as a
wild river.
``(B) The 17.2-mile segment of Piru Creek from the
private property boundary in sec. 4, T. 6 N., R. 21 W.,
to 0.25 miles downstream of the Gold Hill Road, as a
scenic river.
``(C) The 4.1-mile segment of Piru Creek from 0.25
miles downstream of Gold Hill Road to the confluence
with Trail Canyon, as a wild river.
``(D) The 7.25-mile segment of Piru Creek from the
confluence with Trail Canyon to the confluence with
Buck Creek, as a scenic river.
``(E) The 3-mile segment of Piru Creek from 0.5
miles downstream of Pyramid Dam at the first bridge
crossing to the boundary of the Sespe Wilderness, as a
recreational river.
``(F) The 13-mile segment of Piru Creek from the
boundary of the Sespe Wilderness to the boundary of the
Sespe Wilderness, as a wild river.
``(G) The 2.2-mile segment of Piru Creek from the
boundary of the Sespe Wilderness to the upper limit of
Piru Reservoir, as a recreational river.''.
(e) Effect.--The designation of additional miles of Piru Creek
under subsection (d) shall not affect valid water rights in existence
on the date of enactment of this Act.
(f) Motorized Use of Trails.--Nothing in this section (including
the amendments made by this section) affects the motorized use of
trails designated by the Forest Service for motorized use that are
located adjacent to and crossing upper Piru Creek, if the use is
consistent with the protection and enhancement of river values under
the National Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
SEC. 307. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National
Forest comprising approximately 41,082 acres, as generally depicted on
the map entitled ``Fox Mountain Potential Wilderness Area'' and dated
November 14, 2019, is designated as the Fox Mountain Potential
Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture shall file
a map and a legal description of the Fox Mountain Potential
Wilderness Area (referred to in this section as the ``potential
wilderness area'') with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary of
Agriculture may correct any clerical and typographical errors
in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--Except as provided in subsection (d) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.).
(d) Trail Use Construction, Reconstruction, and Realignment.--
(1) In general.--In accordance with paragraph (2), the
Secretary of Agriculture may--
(A) construct a new trail for use by hikers,
equestrians, and mechanized vehicles that connects the
Aliso Park Campground to the Bull Ridge Trail; and
(B) reconstruct or realign--
(i) the Bull Ridge Trail; and
(ii) the Rocky Ridge Trail.
(2) Requirement.--In carrying out the construction,
reconstruction, or alignment under paragraph (1), the Secretary
shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use the
minimum tool or administrative practice necessary to
accomplish the construction, reconstruction, or
alignment with the least amount of adverse impact on
wilderness character and resources.
(3) Motorized vehicles and machinery.--In accordance with
paragraph (2), the Secretary may use motorized vehicles and
machinery to carry out the trail construction, reconstruction,
or realignment authorized by this subsection.
(4) Mechanized vehicles.--The Secretary may permit the use
of mechanized vehicles on the existing Bull Ridge Trail and
Rocky Ridge Trail in accordance with existing law (including
regulations) and this subsection until such date as the
potential wilderness area is designated as wilderness in
accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the Federal land
in the potential wilderness area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into cooperative agreements with State, Tribal, and
local governmental entities and private entities to complete the trail
construction, reconstruction, and realignment authorized by subsection
(d).
(g) Boundaries.--The Secretary shall modify the boundary of the
potential wilderness area to exclude any area within 50 feet of the
centerline of the new location of any trail that has been constructed,
reconstructed, or realigned under subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified
under subsection (g), shall be designated as wilderness and as
a component of the National Wilderness Preservation System on
the earlier of--
(A) the date on which the Secretary publishes in
the Federal Register notice that the trail
construction, reconstruction, or alignment authorized
by subsection (d) has been completed; or
(B) the date that is 20 years after the date of
enactment of this Act.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness area
shall be--
(A) incorporated into the San Rafael Wilderness, as
designated by Public Law 90-271 (82 Stat. 51), the
California Wilderness Act of 1984 (Public Law 98-425;
16 U.S.C. 1132 note), and the Los Padres Condor Range
and River Protection Act (Public Law 102-301; 106 Stat.
242), and section 303; and
(B) administered in accordance with section 305 and
the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 308. DESIGNATION OF SCENIC AREAS.
(a) In General.--Subject to valid existing rights, there are
established the following scenic areas:
(1) Condor ridge scenic area.--Certain land in the Los
Padres National Forest comprising approximately 18,666 acres,
as generally depicted on the map entitled ``Condor Ridge Scenic
Area--Proposed'' and dated March 29, 2019, which shall be known
as the ``Condor Ridge Scenic Area''.
(2) Black mountain scenic area.--Certain land in the Los
Padres National Forest and the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 16,216
acres, as generally depicted on the map entitled ``Black
Mountain Scenic Area--Proposed'' and dated March 29, 2019,
which shall be known as the ``Black Mountain Scenic Area''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture shall file
a map and legal description of the Condor Ridge Scenic Area and
Black Mountain Scenic Area with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary of
Agriculture may correct any clerical and typographical errors
in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
(c) Purpose.--The purpose of the scenic areas is to conserve,
protect, and enhance for the benefit and enjoyment of present and
future generations the ecological, scenic, wildlife, recreational,
cultural, historical, natural, educational, and scientific resources of
the scenic areas.
(d) Management.--
(1) In general.--The Secretary shall administer the scenic
areas--
(A) in a manner that conserves, protects, and
enhances the resources of the scenic areas, and in
particular the scenic character attributes of the
scenic areas; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and Management
Act (43 U.S.C. 1701 et seq.) for land under the
jurisdiction of the Secretary of the Interior;
(iii) any laws (including regulations)
relating to the National Forest System, for
land under the jurisdiction of the Secretary of
Agriculture; and
(iv) any other applicable law (including
regulations).
(2) Uses.--The Secretary shall only allow those uses of the
scenic areas that the Secretary determines would further the
purposes described in subsection (c).
(e) Withdrawal.--Subject to valid existing rights, the Federal land
in the scenic areas is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Prohibited Uses.--The following shall be prohibited on the
Federal land within the scenic areas:
(1) Permanent roads.
(2) Permanent structures.
(3) Timber harvesting except when necessary for the
purposes described in subsection (g).
(4) Transmission lines.
(5) Except as necessary to meet the minimum requirements
for the administration of the scenic areas and to protect
public health and safety--
(A) the use of motorized vehicles; or
(B) the establishment of temporary roads.
(6) Commercial enterprises, except as necessary for
realizing the purposes of the scenic areas.
(g) Wildfire, Insect, and Disease Management.--Consistent with this
section, the Secretary may take any measures in the scenic areas that
the Secretary determines to be necessary to control fire, insects, and
diseases, including, as the Secretary determines to be appropriate, the
coordination of those activities with the State or a local agency.
(h) Adjacent Management.--The fact that an otherwise authorized
activity or use can be seen or heard within a scenic area shall not
preclude the activity or use outside the boundary of the scenic area.
SEC. 309. CONDOR NATIONAL SCENIC TRAIL.
(a) In General.--The contiguous trail established pursuant to this
section shall be known as the ``Condor National Scenic Trail'' named
after the California condor, a critically endangered bird species that
lives along the extent of the trail corridor.
(b) Purpose.--The purposes of the Condor National Scenic Trail are
to--
(1) provide a continual extended hiking corridor that
connects the southern and northern portions of the Los Padres
National Forest, spanning the entire length of the forest along
the coastal mountains of southern and central California; and
(2) provide for the public enjoyment of the nationally
significant scenic, historic, natural, and cultural qualities
of the Los Padres National Forest.
(c) Amendment.--Section 5(a) of the National Trails System Act (16
U.S.C. 1244(a)) is amended by adding at the end the following:
``(31) Condor national scenic trail.--
``(A) In general.--The Condor National Scenic
Trail, a trail extending approximately 400 miles from
Lake Piru in the southern portion of the Los Padres
National Forest to the Bottchers Gap Campground in
northern portion of the Los Padres National Forest.
``(B) Administration.--The trail shall be
administered by the Secretary of Agriculture, in
consultation with--
``(i) other Federal, State, Tribal,
regional, and local agencies;
``(ii) private landowners; and
``(iii) other interested organizations.
``(C) Recreational uses.--Notwithstanding section
7(c), the use of motorized vehicles on roads or trails
included in the Condor National Scenic Trail on which
motorized vehicles are permitted as of the date of
enactment of this paragraph may be permitted.
``(D) Private property rights.--
``(i) Prohibition.--The Secretary shall not
acquire for the trail any land or interest in
land outside the exterior boundary of any
federally managed area without the consent of
the owner of land or interest in land.
``(ii) Effect.--Nothing in this paragraph--
``(I) requires any private property
owner to allow public access (including
Federal, State, or local government
access) to private property; or
``(II) modifies any provision of
Federal, State, or local law with
respect to public access to or use of
private land.
``(E) Realignment.--The Secretary of Agriculture
may realign segments of the Condor National Scenic
Trail as necessary to fulfill the purposes of the
trail.
``(F) Map.--A map generally depicting the trail
described in subparagraph (A) shall be on file and
available for public inspection in the appropriate
offices of the Forest Service.''.
(d) Study.--
(1) Study required.--Not later than 3 years after the date
of enactment of this Act, in accordance with this section, the
Secretary of Agriculture shall conduct a study that--
(A) addresses the feasibility of, and alternatives
for, connecting the northern and southern portions of
the Los Padres National Forest by establishing a trail
across the applicable portions of the northern and
southern Santa Lucia Mountains of the southern
California Coastal Range; and
(B) considers realignment of the trail or
construction of new trail segments to avoid existing
trail segments that currently allow motorized vehicles.
(2) Contents.--In carrying out the study required by
paragraph (1), the Secretary of Agriculture shall--
(A) conform to the requirements for national scenic
trail studies described in section 5(b) of the National
Trails System Act (16 U.S.C. 1244(b));
(B) provide for a continual hiking route through
and connecting the southern and northern sections of
the Los Padres National Forest;
(C) promote recreational, scenic, wilderness and
cultural values;
(D) enhance connectivity with the overall National
Forest trail system;
(E) consider new connectors and realignment of
existing trails;
(F) emphasize safe and continuous public access,
dispersal from high-use areas, and suitable water
sources; and
(G) to the extent practicable, provide all-year
use.
(3) Additional requirement.--In completing the study
required by paragraph (1), the Secretary of Agriculture shall
consult with--
(A) appropriate Federal, State, Tribal, regional,
and local agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(4) Submission.--The Secretary of Agriculture shall submit
the study required by paragraph (1) to--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(5) Additions and alterations to the condor national scenic
trail.--
(A) In general.--Upon completion of the study
required by paragraph (1), if the Secretary of
Agriculture determines that additional or alternative
trail segments are feasible for inclusion in the Condor
National Scenic Trail, the Secretary of Agriculture
shall include those segments in the Condor National
Scenic Trail.
(B) Effective date.--Additions or alternations to
the Condor National Scenic Trail shall be effective on
the date the Secretary of Agriculture publishes in the
Federal Register notice that the additional or
alternative segments are included in the Condor
National Scenic Trail.
(e) Cooperative Agreements.--In carrying out this section
(including the amendments made by this section), the Secretary of
Agriculture may enter into cooperative agreements with State, Tribal,
and local government entities and private entities to complete needed
trail construction, reconstruction, and realignment projects authorized
by this section (including the amendments made by this section).
SEC. 310. FOREST SERVICE STUDY.
Not later than 6 years after the date of enactment of this Act, the
Secretary of Agriculture (acting through the Chief of the Forest
Service) shall study the feasibility of opening a new trail, for
vehicles measuring 50 inches or less, connecting Forest Service Highway
95 to the existing off-highway vehicle trail system in the Ballinger
Canyon off-highway vehicle area.
SEC. 311. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 6 years after the date of enactment of this Act, the
Secretary of Agriculture, in consultation with interested parties,
shall conduct a study to improve nonmotorized recreation trail
opportunities (including mountain bicycling) on land not designated as
wilderness within the Santa Barbara, Ojai, and Mt. Pinos ranger
districts.
SEC. 312. USE BY MEMBERS OF TRIBES.
(a) Access.--The Secretary shall ensure that Tribes have access, in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), to the
wilderness areas, scenic areas, and potential wilderness areas
designated by this title for traditional cultural and religious
purposes.
(b) Temporary Closures.--
(1) In general.--In carrying out this section, the
Secretary, on request of a Tribe, may temporarily close to the
general public one or more specific portions of a wilderness
area, scenic area, or potential wilderness area designated by
this title to protect the privacy of the members of the Tribe
in the conduct of traditional cultural and religious
activities.
(2) Requirement.--Any closure under paragraph (1) shall
be--
(A) made in such a manner as to affect the smallest
practicable area for the minimum period of time
necessary for the activity to be carried out; and
(B) be consistent with the purpose and intent of
Public Law 95-341 (commonly known as the American
Indian Religious Freedom Act) (42 U.S.C. 1996) and the
Wilderness Act (16 U.S.C. 1131 et seq.).
TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION
SEC. 401. SHORT TITLE.
This title may be cited as the ``San Gabriel Mountains Foothills
and Rivers Protection Act''.
SEC. 402. DEFINITION OF STATE.
In this title, the term ``State'' means the State of California.
Subtitle A--San Gabriel National Recreation Area
SEC. 411. PURPOSES.
The purposes of this subtitle are--
(1) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, cultural, historical, natural,
educational, and scientific resources of the Recreation Area;
(2) to provide environmentally responsible, well-managed
recreational opportunities within the Recreation Area;
(3) to improve access to and from the Recreation Area;
(4) to provide expanded educational and interpretive
services to increase public understanding of, and appreciation
for, the natural and cultural resources of the Recreation Area;
(5) to facilitate the cooperative management of the land
and resources within the Recreation Area, in collaboration with
the State and political subdivisions of the State, historical,
business, cultural, civic, recreational, tourism and other
nongovernmental organizations, and the public; and
(6) to allow the continued use of the Recreation Area by
all individuals, entities, and local government agencies in
activities relating to integrated water management, flood
protection, water conservation, water quality, water rights,
water supply, groundwater recharge and monitoring, wastewater
treatment, public roads and bridges, and utilities within or
adjacent to the Recreation Area.
SEC. 412. DEFINITIONS.
In this subtitle:
(1) Adjudication.--The term ``adjudication'' means any
final judgment, order, ruling, or decree entered in any
judicial proceeding adjudicating or affecting water rights,
surface water management, or groundwater management.
(2) Advisory council.--The term ``Advisory Council'' means
the San Gabriel National Recreation Area Public Advisory
Council established under section 417(a).
(3) Federal lands.--The term ``Federal lands'' means--
(A) public lands under the jurisdiction of the
Secretary of the Interior; and
(B) lands under the jurisdiction of the Secretary
of Defense, acting through the Chief of Engineers.
(4) Management plan.--The term ``management plan'' means
the management plan for the Recreation Area required under
section 414(d).
(5) Partnership.--The term ``Partnership'' means the San
Gabriel National Recreation Area Partnership established by
section 418(a).
(6) Public water system.--The term ``public water system''
has the meaning given the term in 42 U.S.C. 300(f)(4) or in
section 116275 of the California Health and Safety Code.
(7) Recreation area.--The term ``Recreation Area'' means
the San Gabriel National Recreation Area established by section
413(a).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Utility facility.--The term ``utility facility''
means--
(A) any electric substations, communication
facilities, towers, poles, and lines, ground wires,
communication circuits, and other structures, and
related infrastructure; and
(B) any such facilities associated with a public
water system.
(10) Water resource facility.--The term ``water resource
facility'' means irrigation and pumping facilities, dams and
reservoirs, flood control facilities, water conservation works,
including debris protection facilities, sediment placement
sites, rain gauges and stream gauges, water quality facilities,
recycled water facilities, water pumping, conveyance and
distribution systems, water storage tanks and reservoirs, and
water treatment facilities, aqueducts, canals, ditches,
pipelines, wells, hydropower projects, and transmission and
other ancillary facilities, groundwater recharge facilities,
water conservation, water filtration plants, and other water
diversion, conservation, groundwater recharge, storage, and
carriage structures.
SEC. 413. SAN GABRIEL NATIONAL RECREATION AREA.
(a) Establishment; Boundaries.--Subject to valid existing rights,
there is established as a unit of the National Park System in the State
the San Gabriel National Recreation Area depicted as the ``Proposed San
Gabriel National Recreation Area'' on the map entitled ``San Gabriel
National Recreation Area Proposed Boundary,'' numbered 503/152,737, and
dated July 2019.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and a
legal description of the Recreation Area with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
any clerical or typographical error in the map or legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the National
Park Service.
(c) Administration and Jurisdiction.--
(1) Public lands.--The public lands included in the
Recreation Area shall be administered by the Secretary, acting
through the Director of the National Park Service.
(2) Department of defense land.--Although certain Federal
lands under the jurisdiction of the Secretary of Defense are
included in the recreation area, nothing in this subtitle
transfers administration jurisdiction of such Federal lands
from the Secretary of Defense or otherwise affects Federal
lands under the jurisdiction of the Secretary of Defense.
(3) State and local jurisdiction.--Nothing in this subtitle
alters, modifies, or diminishes any right, responsibility,
power, authority, jurisdiction, or entitlement of the State, a
political subdivision of the State, including, but not limited
to courts of competent jurisdiction, regulatory commissions,
boards, and departments, or any State or local agency under any
applicable Federal, State, or local law (including
regulations).
SEC. 414. MANAGEMENT.
(a) National Park System.--Subject to valid existing rights, the
Secretary shall manage the public lands included in the Recreation Area
in a manner that protects and enhances the natural resources and values
of the public lands, in accordance with--
(1) this subtitle;
(2) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753 and 102101 of title 54, United States
Code (formerly known as the ``National Park Service Organic
Act'');
(3) the laws generally applicable to units of the National
Park System; and
(4) other applicable law, regulations, adjudications, and
orders.
(b) Cooperation With Secretary of Defense.--The Secretary shall
cooperate with the Secretary of Defense to develop opportunities for
the management of the Federal land under the jurisdiction of the
Secretary of Defense included in the Recreation Area in accordance with
the purposes described in section 411, to the maximum extent
practicable.
(c) Treatment of Non-Federal Land.--
(1) In general.--Nothing in this subtitle--
(A) authorizes the Secretary to take any action
that would affect the use of any land not owned by the
United States within the Recreation Area;
(B) affects the use of, or access to, any non-
Federal land within the Recreation Area;
(C) modifies any provision of Federal, State, or
local law with respect to public access to, or use of,
non-Federal land;
(D) requires any owner of non-Federal land to allow
public access (including Federal, State, or local
government access) to private property or any other
non-Federal land;
(E) alters any duly adopted land use regulation,
approved land use plan, or any other regulatory
authority of any State or local agency or unit of
Tribal government;
(F) creates any liability, or affects any liability
under any other law, of any private property owner or
other owner of non-Federal land with respect to any
person injured on the private property or other non-
Federal land;
(G) conveys to the Partnership any land use or
other regulatory authority;
(H) shall be construed to cause any Federal, State,
or local regulation or permit requirement intended to
apply to units of the National Park System to affect
the Federal lands under the jurisdiction of the
Secretary of Defense or non-Federal lands within the
boundaries of the recreation area; or
(I) requires any local government to participate in
any program administered by the Secretary.
(2) Cooperation.--The Secretary is encouraged to work with
owners of non-Federal land who have agreed to cooperate with
the Secretary to advance the purposes of this subtitle.
(3) Buffer zones.--
(A) In general.--Nothing in this subtitle
establishes any protective perimeter or buffer zone
around the Recreation Area.
(B) Activities or uses up to boundaries.--The fact
that an activity or use of land can be seen or heard
from within the Recreation Area shall not preclude the
activity or land use up to the boundary of the
Recreation Area.
(4) Facilities.--Nothing in this subtitle affects the
operation, maintenance, modification, construction,
destruction, removal, relocation, improvement or expansion of
any water resource facility or public water system, or any
solid waste, sanitary sewer, water or waste-water treatment,
groundwater recharge or conservation, hydroelectric, conveyance
distribution system, recycled water facility, or utility
facility located within or adjacent to the Recreation Area.
(5) Exemption.--Section 100903 of title 54, United States
Code, shall not apply to the Puente Hills landfill, materials
recovery facility, or intermodal facility.
(d) Management Plan.--
(1) Deadline.--Not later than 3 years after the date of the
enactment of this Act, the Secretary and the Advisory Council
shall establish a comprehensive management plan for the
Recreation Area that supports the purposes described in section
411.
(2) Use of existing plans.--In developing the management
plan, to the extent consistent with this section, the Secretary
may incorporate any provision of a land use or other plan
applicable to the public lands included in the Recreation Area.
(3) Incorporation of visitor services plan.--To the maximum
extent practicable, the Secretary shall incorporate into the
management plan the visitor services plan under section
419(a)(2).
(4) Partnership.--In developing the management plan, the
Secretary shall consider recommendations of the Partnership. To
the maximum extent practicable, the Secretary shall incorporate
recommendations of the Partnership into the management plan if
the Secretary determines that the recommendations are feasible
and consistent with the purposes in section 411, this subtitle,
and applicable laws (including regulations).
(e) Fish and Wildlife.--Nothing in this subtitle affects the
jurisdiction of the State with respect to fish or wildlife located on
public lands in the State.
SEC. 415. ACQUISITION OF NON-FEDERAL LAND WITHIN RECREATION AREA.
(a) Limited Acquisition Authority.--
(1) In general.--Subject to paragraph (2), the Secretary
may acquire non-Federal land within the boundaries of the
Recreation Area only through exchange, donation, or purchase
from a willing seller.
(2) Additional requirement.--As a further condition on the
acquisition of land, the Secretary shall make a determination
that the land contains important biological, cultural,
historic, or recreational values.
(b) Prohibition on Use of Eminent Domain.--Nothing in this subtitle
authorizes the use of eminent domain to acquire land or an interest in
land.
(c) Treatment of Acquired Land.--Any land or interest in land
acquired by the United States within the boundaries of the Recreation
Area shall be--
(1) included in the Recreation Area; and
(2) administered by the Secretary in accordance with--
(A) this subtitle; and
(B) other applicable laws (including regulations).
SEC. 416. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC ROADS;
UTILITY FACILITIES.
(a) No Effect on Water Rights.--Nothing in this subtitle or section
422--
(1) shall affect the use or allocation, as in existence on
the date of the enactment of this Act, of any water, water
right, or interest in water (including potable, recycled,
reclaimed, waste, imported, exported, banked, or stored water,
surface water, groundwater, and public trust interest);
(2) shall affect any public or private contract in
existence on the date of the enactment of this Act for the
sale, lease, loan, or transfer of any water (including potable,
recycled, reclaimed, waste, imported, exported, banked, or
stored water, surface water, and groundwater);
(3) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State on or before the date of the enactment of
this Act;
(4) authorizes or imposes any new reserved Federal water
right or expands water usage pursuant to any existing Federal
reserved, riparian or appropriative right;
(5) shall be considered a relinquishment or reduction of
any water rights (including potable, recycled, reclaimed,
waste, imported, exported, banked, or stored water, surface
water, and groundwater) held, reserved, or appropriated by any
public entity or other persons or entities, on or before the
date of the enactment of this Act;
(6) shall be construed to, or shall interfere or conflict
with the exercise of the powers or duties of any watermaster,
public agency, public water system, court of competent
jurisdiction, or other body or entity responsible for
groundwater or surface water management or groundwater
replenishment as designated or established pursuant to any
adjudication or Federal or State law, including the management
of the San Gabriel River watershed and basin, to provide water
supply or other environmental benefits;
(7) shall be construed to impede or adversely impact any
previously adopted Los Angeles County Drainage Area project, as
described in the report of the Chief of Engineers dated June
30, 1992, including any supplement or addendum to that report,
or any maintenance agreement to operate that project;
(8) shall interfere or conflict with any action by a
watermaster, water agency, public water system, court of
competent jurisdiction, or public agency pursuant to any
Federal or State law, water right, or adjudication, including
any action relating to water conservation, water quality,
surface water diversion or impoundment, groundwater recharge,
water treatment, conservation or storage of water, pollution,
waste discharge, the pumping of groundwater; the spreading,
injection, pumping, storage, or the use of water from local
sources, storm water flows, and runoff, or from imported or
recycled water, that is undertaken in connection with the
management or regulation of the San Gabriel River;
(9) shall interfere with, obstruct, hinder, or delay the
exercise of, or access to, any water right by the owner of a
public water system or any other individual or entity,
including the construction, operation, maintenance,
replacement, removal, repair, location, or relocation of any
well; pipeline; or water pumping, treatment, diversion,
impoundment, or storage facility; or other facility or property
necessary or useful to access any water right or operate an
public water system;
(10) shall require the initiation or reinitiation of
consultation with the United States Fish and Wildlife Service
under, or the application of any provision of, the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to any
action affecting any water, water right, or water management or
water resource facility in the San Gabriel River watershed and
basin; or
(11) authorizes any agency or employee of the United
States, or any other person, to take any action inconsistent
with any of paragraphs (1) through (10).
(b) Water Resource Facilities.--
(1) No effect on existing water resource facilities.--
Nothing in this subtitle or section 422 shall affect--
(A) the use, operation, maintenance, repair,
construction, destruction, removal, reconfiguration,
expansion, improvement or replacement of a water
resource facility or public water system within or
adjacent to the Recreation Area or San Gabriel
Mountains National Monument; or
(B) access to a water resource facility within or
adjacent to the Recreation Area or San Gabriel
Mountains National Monument.
(2) No effect on new water resource facilities.--Nothing in
this subtitle or section 422 shall preclude the establishment
of a new water resource facility (including instream sites,
routes, and areas) within the Recreation Area or San Gabriel
Mountains National Monument if the water resource facility or
public water system is necessary to preserve or enhance the
health, safety, reliability, quality or accessibility of water
supply, or utility services to residents of Los Angeles County.
(3) Flood control.--Nothing in this subtitle or section 422
shall be construed to--
(A) impose any new restriction or requirement on
flood protection, water conservation, water supply,
groundwater recharge, water transfers, or water quality
operations and maintenance; or
(B) increase the liability of an agency or public
water system carrying out flood protection, water
conservation, water supply, groundwater recharge, water
transfers, or water quality operations.
(4) Diversion or use of water.--Nothing in this subtitle or
section 422 shall authorize or require the use of water or
water rights in, or the diversion of water to, the Recreation
Area or San Gabriel Mountains National Monument.
(c) Utility Facilities and Rights of Way.--Nothing in this subtitle
or section 422 shall--
(1) affect the use, operation, maintenance, repair,
construction, destruction, reconfiguration, expansion,
inspection, renewal, reconstruction, alteration, addition,
relocation, improvement, removal, or replacement of a utility
facility or appurtenant right-of-way within or adjacent to the
Recreation Area or San Gabriel Mountains National Monument;
(2) affect access to a utility facility or right-of-way
within or adjacent to the Recreation Area or San Gabriel
Mountains National Monument; or
(3) preclude the establishment of a new utility facility or
right-of-way (including instream sites, routes, and areas)
within the Recreation Area or San Gabriel Mountains National
Monument if such a facility or right-of-way is necessary for
public health and safety, electricity supply, or other utility
services.
(d) Roads; Public Transit.--
(1) Definitions.--In this subsection:
(A) Public road.--The term ``public road'' means
any paved road or bridge (including any appurtenant
structure and right-of-way) that is--
(i) operated or maintained by a non-Federal
entity; and
(ii)(I) open to vehicular use by the
public; or
(II) used by a public agency or utility for
the operation, maintenance, improvement,
repair, removal, relocation, construction,
destruction or rehabilitation of
infrastructure, a utility facility, or a right-
of-way.
(B) Public transit.--The term ``public transit''
means any transit service (including operations and
rights-of-way) that is--
(i) operated or maintained by a non-Federal
entity; and
(ii)(I) open to the public; or
(II) used by a public agency or contractor
for the operation, maintenance, repair,
construction, or rehabilitation of
infrastructure, a utility facility, or a right-
of-way.
(2) No effect on public roads or public transit.--Nothing
in this subtitle or section 422--
(A) authorizes the Secretary to take any action
that would affect the operation, maintenance, repair,
or rehabilitation of public roads or public transit
(including activities necessary to comply with Federal
or State safety or public transit standards); or
(B) creates any new liability, or increases any
existing liability, of an owner or operator of a public
road.
SEC. 417. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish an advisory
council, to be known as the ``San Gabriel National Recreation Area
Public Advisory Council''.
(b) Duties.--The Advisory Council shall advise the Secretary
regarding the development and implementation of the management plan and
the visitor services plan.
(c) Applicable Law.--The Advisory Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) all other applicable laws (including regulations).
(d) Membership.--The Advisory Council shall consist of 22 members,
to be appointed by the Secretary after taking into consideration
recommendations of the Partnership, of whom--
(1) 2 shall represent local, regional, or national
environmental organizations;
(2) 2 shall represent the interests of outdoor recreation,
including off-highway vehicle recreation, within the Recreation
Area;
(3) 2 shall represent the interests of community-based
organizations, the missions of which include expanding access
to the outdoors;
(4) 2 shall represent business interests;
(5) 1 shall represent Indian Tribes within or adjacent to
the Recreation Area;
(6) 1 shall represent the interests of homeowners'
associations within the Recreation Area;
(7) 3 shall represent the interests of holders of
adjudicated water rights, public water systems, water agencies,
wastewater and sewer agencies, recycled water facilities, and
water management and replenishment entities;
(8) 1 shall represent energy and mineral development
interests;
(9) 1 shall represent owners of Federal grazing permits or
other land use permits within the Recreation Area;
(10) 1 shall represent archaeological and historical
interests;
(11) 1 shall represent the interests of environmental
educators;
(12) 1 shall represent cultural history interests;
(13) 1 shall represent environmental justice interests;
(14) 1 shall represent electrical utility interests; and
(15) 2 shall represent the affected public at large.
(e) Terms.--
(1) Staggered terms.--A member of the Advisory Council
shall be appointed for a term of 3 years, except that, of the
members first appointed, 7 of the members shall be appointed
for a term of 1 year and 7 of the members shall be appointed
for a term of 2 years.
(2) Reappointment.--A member may be reappointed to serve on
the Advisory Council on the expiration of the term of service
of the member.
(3) Vacancy.--A vacancy on the Advisory Council shall be
filled in the same manner in which the original appointment was
made.
(f) Quorum.--A quorum shall be ten members of the advisory council.
The operations of the advisory council shall not be impaired by the
fact that a member has not yet been appointed as long as a quorum has
been attained.
(g) Chairperson; Procedures.--The Advisory Council shall elect a
chairperson and establish such rules and procedures as the advisory
council considers necessary or desirable.
(h) Service Without Compensation.--Members of the Advisory Council
shall serve without pay.
(i) Termination.--The Advisory Council shall cease to exist--
(1) on the date that is 5 years after the date on which the
management plan is adopted by the Secretary; or
(2) on such later date as the Secretary considers to be
appropriate.
SEC. 418. SAN GABRIEL NATIONAL RECREATION AREA PARTNERSHIP.
(a) Establishment.--There is established a Partnership, to be known
as the ``San Gabriel National Recreation Area Partnership''.
(b) Purposes.--The purposes of the Partnership are to--
(1) coordinate the activities of Federal, State, Tribal,
and local authorities and the private sector in advancing the
purposes of this subtitle; and
(2) use the resources and expertise of each agency in
improving management and recreational opportunities within the
Recreation Area.
(c) Membership.--The Partnership shall include the following:
(1) The Secretary (or a designee) to represent the National
Park Service.
(2) The Secretary of Defense (or a designee) to represent
the Corps of Engineers.
(3) The Secretary of Agriculture (or a designee) to
represent the Forest Service.
(4) The Secretary of the Natural Resources Agency of the
State (or a designee) to represent--
(A) the California Department of Parks and
Recreation; and
(B) the Rivers and Mountains Conservancy.
(5) One designee of the Los Angeles County Board of
Supervisors.
(6) One designee of the Puente Hills Habitat Preservation
Authority.
(7) Four designees of the San Gabriel Council of
Governments, of whom one shall be selected from a local land
conservancy.
(8) One designee of the San Gabriel Valley Economic
Partnership.
(9) One designee of the Los Angeles County Flood Control
District.
(10) One designee of the San Gabriel Valley Water
Association.
(11) One designee of the Central Basin Water Association.
(12) One designee of the Main San Gabriel Basin
Watermaster.
(13) One designee of a public utility company, to be
appointed by the Secretary.
(14) One designee of the Watershed Conservation Authority.
(15) One designee of the Advisory Council for the period
during which the Advisory Council remains in effect.
(16) One designee of San Gabriel Mountains National
Monument Community Collaborative.
(d) Duties.--To advance the purposes described in section 411, the
Partnership shall--
(1) make recommendations to the Secretary regarding the
development and implementation of the management plan;
(2) review and comment on the visitor services plan under
section 419(a)(2), and facilitate the implementation of that
plan;
(3) assist units of local government, regional planning
organizations, and nonprofit organizations in advancing the
purposes of the Recreation Area by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values within the Recreation Area;
(B) establishing and maintaining interpretive
exhibits and programs within the Recreation Area;
(C) developing recreational and educational
opportunities in the Recreation Area in accordance with
the purposes of this subtitle;
(D) increasing public awareness of, and
appreciation for, natural, historic, scenic, and
cultural resources of the Recreation Area;
(E) ensuring that signs identifying points of
public access and sites of interest are posted
throughout the Recreation Area;
(F) promoting a wide range of partnerships among
governments, organizations, and individuals to advance
the purposes of the Recreation Area; and
(G) ensuring that management of the Recreation Area
takes into consideration--
(i) local ordinances and land-use plans;
and
(ii) adjacent residents and property
owners;
(4) make recommendations to the Secretary regarding the
appointment of members to the Advisory Council; and
(5) carry out any other actions necessary to achieve the
purposes of this subtitle.
(e) Authorities.--Subject to approval by the Secretary, for the
purposes of preparing and implementing the management plan, the
Partnership may use Federal funds made available under this section--
(1) to make grants to the State, political subdivisions of
the State, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with, or provide
grants or technical assistance to, the State, political
subdivisions of the State, nonprofit organizations, Federal
agencies, and other interested parties;
(3) to hire and compensate staff;
(4) to obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(5) to contract for goods or services; and
(6) to support activities of partners and any other
activities that--
(A) advance the purposes of the Recreation Area;
and
(B) are in accordance with the management plan.
(f) Terms of Office; Reappointment; Vacancies.--
(1) Terms.--A member of the Partnership shall be appointed
for a term of 3 years.
(2) Reappointment.--A member may be reappointed to serve on
the Partnership on the expiration of the term of service of the
member.
(3) Vacancy.--A vacancy on the Partnership shall be filled
in the same manner in which the original appointment was made.
(g) Quorum.--A quorum shall be 11 members of the Partnership. The
operations of the Partnership shall not be impaired by the fact that a
member has not yet been appointed as long as a quorum has been
attained.
(h) Chairperson; Procedures.--The Partnership shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
(i) Service Without Compensation.--A member of the Partnership
shall serve without compensation.
(j) Duties and Authorities of Secretary.--
(1) In general.--The Secretary shall convene the
Partnership on a regular basis to carry out this subtitle.
(2) Technical and financial assistance.--The Secretary may
provide to the Partnership or any member of the Partnership, on
a reimbursable or nonreimbursable basis, such technical and
financial assistance as the Secretary determines to be
appropriate to carry out this subtitle.
(3) Cooperative agreements.--The Secretary may enter into a
cooperative agreement with the Partnership, a member of the
Partnership, or any other public or private entity to provide
technical, financial, or other assistance to carry out this
subtitle.
(4) Construction of facilities on non-federal land.--
(A) In general.--In order to facilitate the
administration of the Recreation Area, the Secretary is
authorized, subject to valid existing rights, to
construct administrative or visitor use facilities on
land owned by a non-profit organization, local agency,
or other public entity in accordance with this title
and applicable law (including regulations).
(B) Additional requirements.--A facility under this
paragraph may only be developed--
(i) with the consent of the owner of the
non-Federal land; and
(ii) in accordance with applicable Federal,
State, and local laws (including regulations)
and plans.
(5) Priority.--The Secretary shall give priority to actions
that--
(A) conserve the significant natural, historic,
cultural, and scenic resources of the Recreation Area;
and
(B) provide educational, interpretive, and
recreational opportunities consistent with the purposes
of the Recreation Area.
(k) Committees.--The Partnership shall establish--
(1) a Water Technical Advisory Committee to advise the
Secretary regarding water-related issues relating to the
Recreation Area; and
(2) a Public Safety Advisory Committee to advise the
Secretary regarding public safety issues relating to the
Recreation Area.
SEC. 419. VISITOR SERVICES AND FACILITIES.
(a) Visitor Services.--
(1) Purpose.--The purpose of this subsection is to
facilitate the development of an integrated visitor services
plan to improve visitor experiences in the Recreation Area
through expanded recreational opportunities and increased
interpretation, education, resource protection, and
enforcement.
(2) Visitor services plan.--
(A) In general.--Not later than 3 years after the
date of the enactment of this Act, the Secretary shall
develop and carry out an integrated visitor services
plan for the Recreation Area in accordance with this
paragraph.
(B) Contents.--The visitor services plan shall--
(i) assess current and anticipated future
visitation to the Recreation Area, including
recreation destinations;
(ii) consider the demand for various types
of recreation (including hiking, picnicking,
horseback riding, and the use of motorized and
mechanized vehicles), as permissible and
appropriate;
(iii) evaluate the impacts of recreation on
natural and cultural resources, water rights
and water resource facilities, public roads,
adjacent residents and property owners, and
utilities within the Recreation Area, as well
as the effectiveness of current enforcement and
efforts;
(iv) assess the current level of
interpretive and educational services and
facilities;
(v) include recommendations to--
(I) expand opportunities for high-
demand recreational activities, in
accordance with the purposes described
in section 411;
(II) better manage Recreation Area
resources and improve the experience of
Recreation Area visitors through
expanded interpretive and educational
services and facilities, and improved
enforcement; and
(III) better manage Recreation Area
resources to reduce negative impacts on
the environment, ecology, and
integrated water management activities
in the Recreation Area;
(vi) in coordination and consultation with
affected owners of non-Federal land, assess
options to incorporate recreational
opportunities on non-Federal land into the
Recreation Area--
(I) in manner consistent with the
purposes and uses of the non-Federal
land; and
(II) with the consent of the non-
Federal landowner;
(vii) assess opportunities to provide
recreational opportunities that connect with
adjacent National Forest System land; and
(viii) be developed and carried out in
accordance with applicable Federal, State, and
local laws and ordinances.
(C) Consultation.--In developing the visitor
services plan, the Secretary shall--
(i) consult with--
(I) the Partnership;
(II) the Advisory Council;
(III) appropriate State and local
agencies; and
(IV) interested nongovernmental
organizations; and
(ii) involve members of the public.
(b) Visitor Use Facilities.--
(1) In general.--The Secretary may construct visitor use
facilities in the Recreation Area.
(2) Requirements.--Each facility under paragraph (1) shall
be developed in accordance with applicable Federal, State, and
local--
(A) laws (including regulations); and
(B) plans.
(c) Donations.--
(1) In general.--The Secretary may accept and use donated
funds (subject to appropriations), property, in-kind
contributions, and services to carry out this subtitle.
(2) Prohibition.--The Secretary may not use the authority
provided by paragraph (1) to accept non-Federal land that has
been acquired after the date of the enactment of this Act
through the use of eminent domain.
(d) Cooperative Agreements.--In carrying out this subtitle, the
Secretary may make grants to, or enter into cooperative agreements
with, units of State, Tribal, and local governments and private
entities to conduct research, develop scientific analyses, and carry
out any other initiative relating to the management of, and visitation
to, the Recreation Area.
Subtitle B--San Gabriel Mountains
SEC. 421. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Wilderness area or addition.--The term ``wilderness
area or addition'' means any wilderness area or wilderness
addition designated by section 423(a).
SEC. 422. NATIONAL MONUMENT BOUNDARY MODIFICATION.
(a) In General.--The San Gabriel Mountains National Monument
established by Presidential Proclamation 9194 (54 U.S.C. 320301 note)
(referred to in this section as the ``Monument'') is modified to
include the approximately 109,167 acres of additional National Forest
System land depicted as the ``Proposed San Gabriel Mountains National
Monument Expansion'' on the map entitled ``Proposed San Gabriel
Mountains National Monument Expansion'' and dated June 26, 2019.
(b) Administration.--The Secretary shall administer the San Gabriel
Mountains National Monument, including the lands added by subsection
(a), in accordance with--
(1) Presidential Proclamation 9194, as issued on October
10, 2014 (54 U.S.C. 320301 note);
(2) the laws generally applicable to the Monument; and
(3) this title.
(c) Management Plan.--Within 3 years after the date of enactment of
this Act, the Secretary shall consult with State and local governments
and the interested public to update the existing San Gabriel Mountains
National Monument Plan to provide management direction and protection
for the lands added to the Monument by subsection (a).
SEC. 423. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following parcels of National Forest System land in
the State are designated as wilderness and as components of the
National Wilderness Preservation System:
(1) Condor peak wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 8,207 acres,
as generally depicted on the map entitled ``Condor Peak
Wilderness--Proposed'' and dated June 6, 2019, which shall be
known as the ``Condor Peak Wilderness''.
(2) San gabriel wilderness additions.--Certain Federal land
in the Angeles National Forest, comprising approximately 2,032
acres, as generally depicted on the map entitled ``San Gabriel
Wilderness Additions'' and dated June 6, 2019, which is
incorporated in, and considered to be a part of, the San
Gabriel Wilderness designated by Public Law 90-318 (16 U.S.C.
1132 note; 82 Stat. 131).
(3) Sheep mountain wilderness additions.--Certain Federal
land in the Angeles National Forest, comprising approximately
13,726 acres, as generally depicted on the map entitled ``Sheep
Mountain Wilderness Additions'' and dated June 6, 2019, which
is incorporated in, and considered to be a part of, the Sheep
Mountain Wilderness designated by section 101(a)(29) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1623; Public Law 98-425).
(4) Yerba buena wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 6,694 acres,
as generally depicted on the map entitled ``Yerba Buena
Wilderness--Proposed'' and dated June 6, 2019, which shall be
known as the ``Yerba Buena Wilderness''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and a
legal description of the wilderness areas and additions with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct any clerical or typographical error in the map or legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
SEC. 424. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS.
(a) In General.--Subject to valid existing rights, the wilderness
areas and additions shall be administered by the Secretary in
accordance with this section and the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in that Act to the effective date of
that Act shall be considered to be a reference to the date of the
enactment of this Act.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or addition designated in section 423 as are
necessary for the control of fire, insects, or diseases in
accordance with--
(A) section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)); and
(B) House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire or fuels management in a wilderness area or
addition.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of the enactment
of this Act, the Secretary shall amend, as applicable, any
local fire management plan that applies to a wilderness area or
addition designated in section 423.
(4) Administration.--In accordance with paragraph (1) and
any other applicable Federal law, to ensure a timely and
efficient response to a fire emergency in a wilderness area or
addition, the Secretary shall--
(A) not later than 1 year after the date of the
enactment of this Act, establish agency approval
procedures (including appropriate delegations of
authority to the Forest Supervisor, District Manager,
or other agency officials) for responding to fire
emergencies; and
(B) enter into agreements with appropriate State or
local firefighting agencies.
(c) Grazing.--The grazing of livestock in a wilderness area or
addition, if established before the date of the enactment of this Act,
shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines contained 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
(H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle
affects the jurisdiction or responsibility of the State with
respect to fish or wildlife on public land in the State.
(2) Management activities.--
(A) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may conduct any management
activity that are necessary to maintain or restore fish
or wildlife populations or habitats in the wilderness
areas and wilderness additions designated in section
423, if the management activities are--
(i) consistent with relevant wilderness
management plans; and
(ii) conducted in accordance with
appropriate policies, such as the policies
established 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 (H. Rept. 101-405).
(B) Inclusions.--A management activity under
subparagraph (A) may include 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 while
causing the minimum impact necessary to accomplish
those tasks.
(C) Existing activities.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)) and appropriate policies (such as the
policies established in Appendix B of House Report 101-
405), the State may use aircraft (including
helicopters) in a wilderness area or addition to
survey, capture, transplant, monitor, or provide water
for a wildlife population, including bighorn sheep.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas or wilderness additions by
section 423 to lead to the creation of protective perimeters or
buffer zones around each wilderness area or wilderness
addition.
(2) Activities or uses up to boundaries.--The fact that a
nonwilderness activities or uses can be seen or heard from
within a wilderness area or wilderness addition designated by
section 423 shall not, of itself, preclude the activities or
uses up to the boundary of the wilderness area or addition.
(f) Military Activities.--Nothing in this title precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by section
423;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
section 423; or
(3) the use or establishment of military flight training
routes over wilderness areas or wilderness additions designated
by section 423.
(g) Horses.--Nothing in this subtitle precludes horseback riding
in, or the entry of recreational or commercial saddle or pack stock
into, an area designated as a wilderness area or wilderness addition by
section 423--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to such terms and conditions as the Secretary
determines to be necessary.
(h) Law Enforcement.--Nothing in this subtitle precludes any law
enforcement or drug interdiction effort within the wilderness areas or
wilderness additions designated by section 423 in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(i) Withdrawal.--Subject to valid existing rights, the wilderness
areas and additions designated by section 423 are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(j) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area or addition that is acquired by the
United States shall--
(1) become part of the wilderness area or addition in which
the land is located; and
(2) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable laws (including regulations).
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological collection devices in a wilderness area or addition if
the Secretary determines that the facilities and access to the
facilities is essential to a flood warning, flood control, or water
reservoir operation activity.
(l) Authorized Events.--The Secretary of Agriculture may authorize
the Angeles Crest 100 competitive running event to continue in
substantially the same manner and degree in which this event was
operated and permitted in 2015 within additions to the Sheep Mountain
Wilderness in section 423 of this title and the Pleasant View Ridge
Wilderness Area designated by section 1802 of the Omnibus Public Land
Management Act of 2009, provided that the event is authorized and
conducted in a manner compatible with the preservation of the areas as
wilderness.
SEC. 425. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation.--Section 3(a) of the National Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(__) East fork san gabriel river, california.--The
following segments of the East Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10-mile segment from the confluence of
the Prairie Fork and Vincent Gulch to 100 yards
upstream of the Heaton Flats trailhead and day use
area, as a wild river.
``(B) The 2.7-mile segment from 100 yards upstream
of the Heaton Flats trailhead and day use area to 100
yards upstream of the confluence with Williams Canyon,
as a recreational river.
``(__) North fork san gabriel river, california.--The 4.3-
mile segment of the North Fork San Gabriel River from the
confluence with Cloudburst Canyon to 0.25 miles upstream of the
confluence with the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture as a recreational
river.
``(__) West fork san gabriel river, california.--The
following segments of the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 6.7-mile segment from 0.25 miles
downstream of its source near Red Box Gap in sec. 14,
T. 2 N., R. 12 W., to the confluence with the unnamed
tributary 0.25 miles downstream of the power lines in
sec. 22, T. 2 N., R. 11 W., as a recreational river.
``(B) The 1.6-mile segment of the West Fork from
0.25 miles downstream of the powerlines in sec. 22, T.
2 N., R. 11 W., to the confluence with Bobcat Canyon,
as a wild river.
``(__) Little rock creek, california.--The following
segments of Little Rock Creek and tributaries, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10.3-mile segment from its source on Mt.
Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards
upstream of the confluence with the South Fork Little
Rock Creek, as a wild river.
``(B) The 6.6-mile segment from 100 yards upstream
of the confluence with the South Fork Little Rock Creek
to the confluence with Santiago Canyon, as a
recreational river.
``(C) The 1-mile segment of Cooper Canyon Creek
from 0.25 miles downstream of Highway 2 to 100 yards
downstream of Cooper Canyon Campground, as a scenic
river.
``(D) The 1.3-mile segment of Cooper Canyon Creek
from 100 yards downstream of Cooper Canyon Campground
to the confluence with Little Rock Creek, as a wild
river.
``(E) The 1-mile segment of Buckhorn Creek from 100
yards downstream of the Buckhorn Campground to its
confluence with Cooper Canyon Creek, as a wild
river.''.
(b) Water Resource Facilities; and Water Use.--
(1) Water resource facilities.--
(A) Definition.--In this section, the term ``water
resource facility'' means irrigation and pumping
facilities, dams and reservoirs, flood control
facilities, water conservation works and facilities,
including debris protection facilities, sediment
placement sites, rain gauges and stream gauges, water
quality facilities, recycled water facilities and water
pumping, conveyance distribution systems, water storage
tanks and reservoirs, and water treatment facilities,
aqueducts, canals, ditches, pipelines, wells,
hydropower projects, and transmission and other
ancillary facilities, groundwater recharge facilities,
water conservation, water filtration plants, and other
water diversion, conservation, groundwater recharge,
storage, and carriage structures.
(B) No effect on existing water resource
facilities.--Nothing in this section shall alter,
modify, or affect--
(i) the use, operation, maintenance,
repair, construction, destruction,
reconfiguration, expansion, relocation or
replacement of a water resource facility
downstream of a wild and scenic river segment
designated by this section, provided that the
physical structures of such facilities or
reservoirs shall not be located within the
river areas designated in this section; or
(ii) access to a water resource facility
downstream of a wild and scenic river segment
designated by this section.
(C) No effect on new water resource facilities.--
Nothing in this section shall preclude the
establishment of a new water resource facilities
(including instream sites, routes, and areas)
downstream of a wild and scenic river segment.
(2) Limitation.--Any new reservation of water or new use of
water pursuant to existing water rights held by the United
States to advance the purposes of the National Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.) shall be for nonconsumptive
instream use only within the segments designated by this
section.
(3) Existing law.--Nothing in this section affects the
implementation of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
SEC. 426. WATER RIGHTS.
(a) Statutory Construction.--Nothing in this title, and no action
to implement this title--
(1) shall constitute an express or implied reservation of
any water or water right, or authorizing an expansion of water
use pursuant to existing water rights held by the United
States, with respect to the San Gabriel Mountains National
Monument, the land designated as a wilderness area or
wilderness addition by section 423 or land adjacent to the wild
and scenic river segments designated by the amendment made by
section 425;
(2) shall affect, alter, modify, or condition any water
rights in the State in existence on the date of the enactment
of this Act, including any water rights held by the United
States;
(3) shall be construed as establishing a precedent with
regard to any future wilderness or wild and scenic river
designations;
(4) shall affect, alter, or modify the interpretation of,
or any designation, decision, adjudication or action made
pursuant to, any other Act; or
(5) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportions water among or between
the State and any other State.
(b) State Water Law.--The Secretary shall comply with applicable
procedural and substantive requirements of the law of the State in
order to obtain and hold any water rights not in existence on the date
of the enactment of this Act with respect to the San Gabriel Mountains
National Monument, wilderness areas and wilderness additions designated
by section 423, and the wild and scenic rivers designated by amendment
made by section 425.
TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Rim of the Valley Corridor
Preservation Act''.
SEC. 502. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION.
(a) Boundary Adjustment.--Section 507(c)(1) of the National Parks
and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is amended in the
first sentence by striking ``, which shall'' and inserting `` and
generally depicted as `Rim of the Valley Unit Proposed Addition' on the
map entitled `Rim of the Valley Unit--Santa Monica Mountains National
Recreation Area', numbered 638/147,723, and dated September 2018. Both
maps shall''.
(b) Rim of the Valley Unit.--Section 507 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460kk) is amended by adding at the
end the following:
``(u) Rim of the Valley Unit.--(1) Not later than 3 years after the
date of the enactment of this subsection, the Secretary shall update
the general management plan for the recreation area to reflect the
boundaries designated on the map referred to in subsection (c)(1) as
the `Rim of the Valley Unit' (hereafter in the subsection referred to
as the `Rim of the Valley Unit'). Subject to valid existing rights, the
Secretary shall administer the Rim of the Valley Unit, and any land or
interest in land acquired by the United States and located within the
boundaries of the Rim of the Valley Unit, as part of the recreation
area in accordance with the provisions of this section and applicable
laws and regulations.
``(2) The Secretary may acquire non-Federal land within the
boundaries of the Rim of the Valley Unit only through exchange,
donation, or purchase from a willing seller. Nothing in this subsection
authorizes the use of eminent domain to acquire land or interests in
land.
``(3) Nothing in this subsection or the application of the
management plan for the Rim of the Valley Unit shall be construed to--
``(A) modify any provision of Federal, State, or local law
with respect to public access to or use of non-Federal land;
``(B) create any liability, or affect any liability under
any other law, of any private property owner or other owner of
non-Federal land with respect to any person injured on private
property or other non-Federal land;
``(C) affect the ownership, management, or other rights
relating to any non-Federal land (including any interest in any
non-Federal land);
``(D) require any local government to participate in any
program administered by the Secretary;
``(E) alter, modify, or diminish any right, responsibility,
power, authority, jurisdiction, or entitlement of the State,
any political subdivision of the State, or any State or local
agency under existing Federal, State, and local law (including
regulations);
``(F) require the creation of protective perimeters or
buffer zones, and the fact that certain activities or land can
be seen or heard from within the Rim of the Valley Unit shall
not, of itself, preclude the activities or land uses up to the
boundary of the Rim of the Valley Unit;
``(G) require or promote use of, or encourage trespass on,
lands, facilities, and rights-of-way owned by non-Federal
entities, including water resource facilities and public
utilities, without the written consent of the owner;
``(H) affect the operation, maintenance, modification,
construction, or expansion of any water resource facility or
utility facility located within or adjacent to the Rim of the
Valley Unit;
``(I) terminate the fee title to lands or customary
operation, maintenance, repair, and replacement activities on
or under such lands granted to public agencies that are
authorized pursuant to Federal or State statute;
``(J) interfere with, obstruct, hinder, or delay the
exercise of any right to, or access to any water resource
facility or other facility or property necessary or useful to
access any water right to operate any public water or utility
system;
``(K) require initiation or reinitiation of consultation
with the United States Fish and Wildlife Service under, or the
application of provisions of, the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), or division A of
subtitle III of title 54, United States Code, concerning any
action or activity affecting water, water rights or water
management or water resource facilities within the Rim of the
Valley Unit; or
``(L) limit the Secretary's ability to update applicable
fire management plans, which may consider fuels management
strategies including managed natural fire, prescribed fires,
non-fire mechanical hazardous fuel reduction activities, or
post-fire remediation of damage to natural and cultural
resources.
``(4) The activities of a utility facility or water resource
facility shall take into consideration ways to reasonably avoid or
reduce the impact on the resources of the Rim of the Valley Unit.
``(5) For the purpose of paragraph (4)--
``(A) the term `utility facility' means electric
substations, communication facilities, towers, poles, and
lines, ground wires, communications circuits, and other
structures, and related infrastructure; and
``(B) the term `water resource facility' means irrigation
and pumping facilities; dams and reservoirs; flood control
facilities; water conservation works, including debris
protection facilities, sediment placement sites, rain gauges,
and stream gauges; water quality, recycled water, and pumping
facilities; conveyance distribution systems; water treatment
facilities; aqueducts; canals; ditches; pipelines; wells;
hydropower projects; transmission facilities; and other
ancillary facilities, groundwater recharge facilities, water
conservation, water filtration plants, and other water
diversion, conservation, groundwater recharge, storage, and
carriage structures.''.
TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Wild Olympics Wilderness and Wild
and Scenic Rivers Act''.
SEC. 602. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS.
(a) In General.--In furtherance of the Wilderness Act (16 U.S.C.
1131 et seq.), the following Federal land in the Olympic National
Forest in the State of Washington comprising approximately 126,554
acres, as generally depicted on the map entitled ``Proposed Wild
Olympics Wilderness and Wild and Scenic Rivers Act'' and dated April 8,
2019 (referred to in this section as the ``map''), is designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Lost creek wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 7,159 acres, as
generally depicted on the map, which shall be known as the
``Lost Creek Wilderness''.
(2) Rugged ridge wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 5,956 acres, as
generally depicted on the map, which shall be known as the
``Rugged Ridge Wilderness''.
(3) Alckee creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,787 acres, as
generally depicted on the map, which shall be known as the
``Alckee Creek Wilderness''.
(4) Gates of the elwha wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 5,669
acres, as generally depicted on the map, which shall be known
as the ``Gates of the Elwha Wilderness''.
(5) Buckhorn wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 21,965
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Buckhorn Wilderness'',
as designated by section 3 of the Washington State Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).
(6) Green mountain wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 4,790
acres, as generally depicted on the map, which shall be known
as the ``Green Mountain Wilderness''.
(7) The brothers wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,625
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``The Brothers
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(8) Mount skokomish wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,933
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Mount Skokomish
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(9) Wonder mountain wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 26,517
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Wonder Mountain
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(10) Moonlight dome wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 9,117
acres, as generally depicted on the map, which shall be known
as the ``Moonlight Dome Wilderness''.
(11) South quinault ridge wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 10,887
acres, as generally depicted on the map, which shall be known
as the ``South Quinault Ridge Wilderness''.
(12) Colonel bob wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
353 acres, as generally depicted on the map, is incorporated
in, and shall be managed as part of, the ``Colonel Bob
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(13) Sam's river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 13,418 acres,
as generally depicted on the map, which shall be known as the
``Sam's River Wilderness''.
(14) Canoe creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,378 acres, as
generally depicted on the map, which shall be known as the
``Canoe Creek Wilderness''.
(b) Administration.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness by subsection (a) shall be
administered by the Secretary of Agriculture (referred to in
this section as the ``Secretary''), in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that 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.
(2) Map and description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
a map and a legal description of the land designated as
wilderness by subsection (a) with--
(i) the Committee on Natural Resources of
the House of Representatives; and
(ii) the Committee on Energy and Natural
Resources of the Senate.
(B) Effect.--Each map and legal description filed
under subparagraph (A) shall have the same force and
effect as if included in this title, except that the
Secretary may correct minor errors in the map and legal
description.
(C) Public availability.--Each map and legal
description filed under subparagraph (A) shall be filed
and made available for public inspection in the
appropriate office of the Forest Service.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 5,346
acres as identified as ``Potential Wilderness'' on the map, is
designated as potential wilderness.
(2) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that any
nonconforming uses in the potential wilderness designated by
paragraph (1) have terminated, the potential wilderness shall
be--
(A) designated as wilderness and as a component of
the National Wilderness Preservation System; and
(B) incorporated into the adjacent wilderness area.
(d) Adjacent Management.--
(1) No protective perimeters or buffer zones.--The
designations in this section shall not create a protective
perimeter or buffer zone around any wilderness area.
(2) Nonconforming uses permitted outside of boundaries of
wilderness areas.--Any activity or use outside of the boundary
of any wilderness area designated under this section shall be
permitted even if the activity or use would be seen or heard
within the boundary of the wilderness area.
(e) Fire, Insects, and Diseases.--The Secretary may take such
measures as are necessary to control fire, insects, and diseases, in
the wilderness areas designated by this section, in accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
subject to such terms and conditions as the Secretary determines to be
appropriate.
SEC. 603. WILD AND SCENIC RIVER DESIGNATIONS.
(a) In General.--Section 3(a) of the National Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(231) Elwha river, washington.--The approximately 29.0-
mile segment of the Elwha River and tributaries from the source
to Cat Creek, to be administered by the Secretary of the
Interior as a wild river.
``(232) Dungeness river, washington.--The segment of the
Dungeness River from the headwaters to the State of Washington
Department of Natural Resources land in T. 29 N., R. 4 W., sec.
12, to be administered by the Secretary of Agriculture, except
that portions of the river within the boundaries of Olympic
National Park shall be administered by the Secretary of the
Interior, including the following segments of the mainstem and
major tributary the Gray Wolf River, in the following classes:
``(A) The approximately 5.8-mile segment of the
Dungeness River from the headwaters to the 2870 Bridge,
as a wild river.
``(B) The approximately 2.1-mile segment of the
Dungeness River from the 2870 Bridge to Silver Creek,
as a scenic river.
``(C) The approximately 2.7-mile segment of the
Dungeness River from Silver Creek to Sleepy Hollow
Creek, as a wild river.
``(D) The approximately 6.3-mile segment of the
Dungeness River from Sleepy Hollow Creek to the Olympic
National Forest boundary, as a scenic river.
``(E) The approximately 1.9-mile segment of the
Dungeness River from the National Forest boundary to
the State of Washington Department of Natural Resources
land in T. 29 N., R. 4 W., sec. 12, to be administered
as a recreational river through a cooperative
management agreement between the State of Washington
and the Secretary of Agriculture as provided in section
10(e) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e)).
``(F) The approximately 16.1-mile segment of the
Gray Wolf River from the headwaters to the 2870 Bridge,
as a wild river.
``(G) The approximately 1.1-mile segment of the
Gray Wolf River from the 2870 Bridge to the confluence
with the Dungeness River, as a scenic river.
``(233) Big quilcene river, washington.--The segment of the
Big Quilcene River from the headwaters to the City of Port
Townsend water intake facility, to be administered by the
Secretary of Agriculture, in the following classes:
``(A) The approximately 4.4-mile segment from the
headwaters to the Buckhorn Wilderness boundary, as a
wild river.
``(B) The approximately 5.3-mile segment from the
Buckhorn Wilderness boundary to the City of Port
Townsend water intake facility, as a scenic river.
``(C) Section 7(a), with respect to the licensing
of dams, water conduits, reservoirs, powerhouses,
transmission lines, or other project works, shall apply
to the approximately 5-mile segment from the City of
Port Townsend water intake facility to the Olympic
National Forest boundary.
``(234) Dosewallips river, washington.--The segment of the
Dosewallips River from the headwaters to the private land in T.
26 N., R. 3 W., sec. 15, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 12.9-mile segment from the
headwaters to Station Creek, as a wild river.
``(B) The approximately 6.8-mile segment from
Station Creek to the private land in T. 26 N., R. 3 W.,
sec. 15, as a scenic river.
``(235) Duckabush river, washington.--The segment of the
Duckabush River from the headwaters to the private land in T.
25 N., R. 3 W., sec. 1, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 19.0-mile segment from the
headwaters to the Brothers Wilderness boundary, as a
wild river.
``(B) The approximately 1.9-mile segment from the
Brothers Wilderness boundary to the private land in T.
25 N., R. 3 W., sec. 1, as a scenic river.
``(236) Hamma hamma river, washington.--The segment of the
Hamma Hamma River from the headwaters to the eastern edge of
the NW1/4 sec. 21, T. 24 N., R. 3 W., to be administered by the
Secretary of Agriculture, in the following classes:
``(A) The approximately 3.1-mile segment from the
headwaters to the Mt. Skokomish Wilderness boundary, as
a wild river.
``(B) The approximately 5.8-mile segment from the
Mt. Skokomish Wilderness boundary to Lena Creek, as a
scenic river.
``(C) The approximately 6.8-mile segment from Lena
Creek to the eastern edge of the NW1/4 sec. 21, T. 24
N., R. 3 W., to be administered as a recreational river
through a cooperative management agreement between the
State of Washington and the Secretary of Agriculture as
provided in section 10(e) of the Wild and Scenic Rivers
Act (16 U.S.C. 1281(e)).
``(237) South fork skokomish river, washington.--The
segment of the South Fork Skokomish River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 6.7-mile segment from the
headwaters to Church Creek, as a wild river.
``(B) The approximately 8.3-mile segment from
Church Creek to LeBar Creek, as a scenic river.
``(C) The approximately 4.0-mile segment from LeBar
Creek to upper end of gorge in the NW1/4 sec. 22, T. 22
N., R. 5 W., as a recreational river.
``(D) The approximately 6.0-mile segment from the
upper end of the gorge to the Olympic National Forest
boundary, as a scenic river.
``(238) Middle fork satsop river, washington.--The
approximately 7.9-mile segment of the Middle Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(239) West fork satsop river, washington.--The
approximately 8.2-mile segment of the West Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(240) Wynoochee river, washington.--The segment of the
Wynoochee River from the headwaters to the head of Wynoochee
Reservoir to be administered by the Secretary of Agriculture,
except that portions of the river within the boundaries of
Olympic National Park shall be administered by the Secretary of
the Interior, in the following classes:
``(A) The approximately 2.5-mile segment from the
headwaters to the boundary of the Wonder Mountain
Wilderness, as a wild river.
``(B) The approximately 7.4-mile segment from the
boundary of the Wonder Mountain Wilderness to the head
of Wynoochee Reservoir, as a recreational river.
``(241) East fork humptulips river, washington.--The
segment of the East Fork Humptulips River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 7.4-mile segment from the
headwaters to the Moonlight Dome Wilderness boundary,
as a wild river.
``(B) The approximately 10.3-mile segment from the
Moonlight Dome Wilderness boundary to the Olympic
National Forest boundary, as a scenic river.
``(242) West fork humptulips river, washington.--The
approximately 21.4-mile segment of the West Fork Humptulips
River from the headwaters to the Olympic National Forest
Boundary, to be administered by the Secretary of Agriculture,
as a scenic river.
``(243) Quinault river, washington.--The segment of the
Quinault River from the headwaters to private land in T. 24 N.,
R. 8 W., sec. 33, to be administered by the Secretary of the
Interior, in the following classes:
``(A) The approximately 16.5-mile segment from the
headwaters to Graves Creek, as a wild river.
``(B) The approximately 6.7-mile segment from
Graves Creek to Cannings Creek, as a scenic river.
``(C) The approximately 1.0-mile segment from
Cannings Creek to private land in T. 24 N., R. 8 W.,
sec. 33, as a recreational river.
``(244) Queets river, washington.--The segment of the
Queets River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
except that portions of the river outside the boundaries of
Olympic National Park shall be administered by the Secretary of
Agriculture, including the following segments of the mainstem
and certain tributaries in the following classes:
``(A) The approximately 28.6-mile segment of the
Queets River from the headwaters to the confluence with
Sams River, as a wild river.
``(B) The approximately 16.0-mile segment of the
Queets River from the confluence with Sams River to the
Olympic National Park boundary, as a scenic river.
``(C) The approximately 15.7-mile segment of the
Sams River from the headwaters to the confluence with
the Queets River, as a scenic river.
``(D) The approximately 17.7-mile segment of
Matheny Creek from the headwaters to the confluence
with the Queets River, to be administered as a scenic
river through a cooperative management agreement
between the State of Washington and the Secretary of
Agriculture as provided in section 10(e) of the Wild
and Scenic Rivers Act (16 U.S.C. 1281(e)).
``(245) Hoh river, washington.--The segment of the Hoh
River and the major tributary South Fork Hoh from the
headwaters to Olympic National Park boundary, to be
administered by the Secretary of the Interior, in the following
classes:
``(A) The approximately 20.7-mile segment of the
Hoh River from the headwaters to Jackson Creek, as a
wild river.
``(B) The approximately 6.0-mile segment of the Hoh
River from Jackson Creek to the Olympic National Park
boundary, as a scenic river.
``(C) The approximately 13.8-mile segment of the
South Fork Hoh River from the headwaters to the Olympic
National Park boundary, as a wild river.
``(D) The approximately 4.6-mile segment of the
South Fork Hoh River from the Olympic National Park
boundary to the Washington State Department of Natural
Resources boundary in T. 27 N., R. 10 W., sec. 29, to
be administered as a recreational river through a
cooperative management agreement between the State of
Washington and the Secretary of Agriculture as provided
in section 10(e) of the Wild and Scenic Rivers Act (16
U.S.C. 1281(e)).
``(246) Bogachiel river, washington.--The approximately
25.6-mile segment of the Bogachiel River from the source to the
Olympic National Park boundary, to be administered by the
Secretary of the Interior, as a wild river.
``(247) South fork calawah river, washington.--The segment
of the South Fork Calawah River and the major tributary Sitkum
River from the headwaters to Hyas Creek to be administered by
the Secretary of Agriculture, except those portions of the
river within the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior, including the
following segments in the following classes:
``(A) The approximately 15.7-mile segment of the
South Fork Calawah River from the headwaters to the
Sitkum River, as a wild river.
``(B) The approximately 0.9-mile segment of the
South Fork Calawah River from the Sitkum River to Hyas
Creek, as a scenic river.
``(C) The approximately 1.6-mile segment of the
Sitkum River from the headwaters to the Rugged Ridge
Wilderness boundary, as a wild river.
``(D) The approximately 11.9-mile segment of the
Sitkum River from the Rugged Ridge Wilderness boundary
to the confluence with the South Fork Calawah, as a
scenic river.
``(248) Sol duc river, washington.--The segment of the Sol
Duc River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
including the following segments of the mainstem and certain
tributaries in the following classes:
``(A) The approximately 7.0-mile segment of the Sol
Duc River from the headwaters to the end of Sol Duc Hot
Springs Road, as a wild river.
``(B) The approximately 10.8-mile segment of the
Sol Duc River from the end of Sol Duc Hot Springs Road
to the Olympic National Park boundary, as a scenic
river.
``(C) The approximately 14.2-mile segment of the
North Fork Sol Duc River from the headwaters to the
Olympic Hot Springs Road bridge, as a wild river.
``(D) The approximately 0.2-mile segment of the
North Fork Sol Duc River from the Olympic Hot Springs
Road bridge to the confluence with the Sol Duc River,
as a scenic river.
``(E) The approximately 8.0-mile segment of the
South Fork Sol Duc River from the headwaters to the
confluence with the Sol Duc River, as a scenic river.
``(249) Lyre river, washington.--The approximately 0.2-mile
segment of the Lyre River from Lake Crescent to the Olympic
National Park boundary, to be administered by the Secretary of
the Interior as a scenic river.''.
(b) Restoration Activities.--Consistent with the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.) (including any regulations issued
under that Act), the Secretary of Agriculture or the Secretary of the
Interior, as applicable, may authorize an activity or project for a
component of the Wild and Scenic Rivers System designated under the
amendments made by subsection (a), the primary purpose of which is--
(1) river restoration;
(2) the recovery of a species listed as endangered or
threatened under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); or
(3) restoring ecological and hydrological function.
(c) Updates to Land and Resource Management Plans.--
(1) In general.--Except as provided in paragraph (2), not
later than 3 years after the date of the enactment of this Act,
the Secretary of Agriculture shall, with respect to the
designations made under subsection (a) on lands under the
jurisdiction of the Secretary, incorporate such designations
into updated management plans for units of the National Forest
System in accordance with applicable laws (including
regulations).
(2) Exception.--The date specified in paragraph (1) shall
be 5 years after the date of the enactment of this Act if the
Secretary of Agriculture--
(A) is unable to meet the requirement under such
paragraph by the date specified in such paragraph; and
(B) not later than 3 years after the date of the
enactment of this Act, includes in the Department of
Agriculture annual budget submission to Congress a
request for additional sums as may be necessary to meet
the requirement of such paragraph.
(3) Comprehensive management plan requirements.--Updated
management plans under paragraph (1) or (2) satisfy the
requirements under section 3(d) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(d)).
SEC. 604. EXISTING RIGHTS AND WITHDRAWAL.
(a) Effect on Existing Rights.--
(1) Private parties.--In accordance with section 12(b) of
the Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in
this division or an amendment made by this division affects or
abrogates any existing rights, privileges, or contracts held by
a private party.
(2) State land.--Nothing in this division or an amendment
made by this division modifies or directs the management,
acquisition, or disposition of land managed by the Washington
Department of Natural Resources.
(b) Withdrawal.--Subject to valid existing rights, the Federal land
within the boundaries of the river segments designated by this title
and the amendment made by section 603(a) is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 605. TREATY RIGHTS.
Nothing in this title alters, modifies, diminishes, or extinguishes
the reserved treaty rights of any Indian tribe with hunting, fishing,
gathering, and cultural or religious rights in the Olympic National
Forest as protected by a treaty.
TITLE VII--CERRO DE LA OLLA WILDERNESS ESTABLISHMENT
SEC. 701. DESIGNATION OF CERRO DE LA OLLA WILDERNESS.
(a) In General.--
(1) In general.--Section 1202 of the John D. Dingell, Jr.
Conservation, Management, and Recreation Act (16 U.S.C. 1132
note; Public Law 116-9; 133 Stat. 651) is amended--
(A) in the section heading, by striking ``cerro del
yuta and rio san antonio'' and inserting ``rio grande
del norte national monument'';
(B) in subsection (a), by striking paragraph (1)
and inserting the following:
``(1) Map.--The term `map' means--
``(A) for purposes of subparagraphs (A) and (B) of
subsection (b)(1), the map entitled `Rio Grande del
Norte National Monument Proposed Wilderness Areas' and
dated July 28, 2015; and
``(B) for purposes of subsection (b)(1)(C), the map
entitled `Proposed Cerro de la Olla Wilderness and Rio
Grande del Norte National Monument Boundary' and dated
June 30th, 2022.''; and
(C) in subsection (b)--
(i) in paragraph (1), by adding at the end
the following:
``(C) Cerro de la olla wilderness.--Certain Federal
land administered by the Bureau of Land Management in
Taos County, New Mexico, comprising approximately
12,898 acres as generally depicted on the map, which
shall be known as the `Cerro de la Olla Wilderness'.'';
(ii) in paragraph (4), in the matter
preceding subparagraph (A), by striking ``this
Act'' and inserting ``this Act (including a
reserve common grazing allotment)'';
(iii) in paragraph (7)--
(I) by striking ``map and'' each
place it appears and inserting ``maps
and''; and
(II) in subparagraph (B), by
striking ``the legal description and
map'' and inserting ``the maps or legal
descriptions''; and
(iv) by adding at the end the following:
``(12) Wildlife water development projects in cerro de la
olla wilderness.--
``(A) In general.--Subject to subparagraph (B) and
in accordance with section 4(c) of the Wilderness Act
(16 U.S.C. 1133(c)), the Secretary may authorize the
maintenance of any structure or facility in existence
on the date of enactment of this paragraph for wildlife
water development projects (including guzzlers) in the
Cerro de la Olla Wilderness if, as determined by the
Secretary--
``(i) the structure or facility would
enhance wilderness values by promoting healthy,
viable, and more naturally distributed wildlife
populations; and
``(ii) the visual impacts of the structure
or facility on the Cerro de la Olla Wilderness
can reasonably be minimized.
``(B) Cooperative agreement.--Not later than 1 year
after the date of enactment of this paragraph, the
Secretary shall enter into a cooperative agreement with
the State of New Mexico that specifies, subject to
section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)),
the terms and conditions under which wildlife
management activities in the Cerro de la Olla
Wilderness may be carried out.''.
(2) Clerical amendment.--The table of contents for the John
D. Dingell, Jr. Conservation, Management, and Recreation Act
(Public Law 116-9; 133 Stat. 581) is amended by striking the
item relating to section 1202 and inserting the following:
``Sec. 1202. Rio Grande del Norte National Monument Wilderness
Areas.''.
(b) Rio Grande Del Norte National Monument Boundary Modification.--
The boundary of the Rio Grande del Norte National Monument in the State
of New Mexico is modified, as depicted on the map entitled ``Proposed
Cerro de la Olla Wilderness and Rio Grande del Norte National Monument
Boundary'' and dated June 30th, 2022.
TITLE VIII--STUDY ON FLOOD RISK MITIGATION
SEC. 801. STUDY ON FLOOD RISK MITIGATION.
The Comptroller General shall conduct a study to determine the
contributions of wilderness designations under this division to
protections to flood risk mitigation in residential areas.
TITLE IX--MISCELLANEOUS
SEC. 901. PROMOTING HEALTH AND WELLNESS FOR VETERANS AND
SERVICEMEMBERS.
The Secretary of Interior and the Secretary of Agriculture are
encouraged to ensure servicemember and veteran access to public lands
designed by this division for the purposes of outdoor recreation and to
participate in outdoor-related volunteer and wellness programs.
SEC. 902. FIRE, INSECTS, AND DISEASES.
Nothing in this division may be construed to limit the authority of
the Secretary of the Interior or the Secretary of Agriculture under
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), in
accordance with existing laws (including regulations).
SEC. 903. MILITARY ACTIVITIES.
Nothing in this division precludes--
(1) low-level overflights of military aircraft over
wilderness areas;
(2) the designation of new units of special airspace over
wilderness areas; or
(3) the establishment of military flight training routes
over wilderness areas.
Passed the House of Representatives July 14, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.
Calendar No. 467
117th CONGRESS
2d Session
H. R. 7900
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2023 for military
activities of the Department of Defense and for military construction,
and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
_______________________________________________________________________
August 3, 2022
Read twice and placed on the calendar