[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7776 Enrolled Bill (ENR)]
H.R.7776
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two
An Act
To authorize appropriations for fiscal year 2023 for military activities
of the Department of Defense, 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.
(a) In General.--This Act may be cited as the ``James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023''.
(b) References.--Any reference in this or any other Act to the
``National Defense Authorization Act for Fiscal Year 2023'' shall be
deemed to be a reference to the ``James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into 11 divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Non-Department of Defense Matters.
(6) Division F--Intelligence Authorization Act for Fiscal Year
2023.
(7) Division G--Homeland Security.
(8) Division H--Water Resources.
(9) Division I--Department of State Authorizations.
(10) Division J--Oceans and Atmosphere.
(11) Division K--Don Young Coast Guard Authorization Act of
2022.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Explanatory statement.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery
howitzers.
Subtitle C--Navy Programs
Sec. 121. Requirements relating to EA-18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet
configuration of E-6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH-53K heavy lift helicopter
program.
Sec. 128. Procurement authorities for John Lewis-class fleet
replenishment oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer
program.
Sec. 131. Tomahawk and Standard Missile-6 capability on FFG-62 class
vessels.
Sec. 132. Report on advance procurement for CVN-82 and CVN-83.
Sec. 133. Quarterly briefings on the CH-53K King Stallion helicopter
program.
Subtitle D--Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the
combat air forces.
Sec. 142. Inventory and other requirements relating to air refueling
tanker aircraft.
Sec. 143. Requirements relating to F-22 aircraft.
Sec. 144. Modification of exception to prohibition on certain reductions
to B-1 bomber aircraft squadrons.
Sec. 145. Repeal of Air Force E-8C force presentation requirement.
Sec. 146. Minimum inventory of C-130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C-40
aircraft.
Sec. 148. Prohibition on availability of funds for termination of
production lines for HH-60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E-3 airborne
warning and control system aircraft.
Sec. 150. Limitation on divestment of F-15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T-38A
aircraft.
Sec. 152. Procurement authority for digital mission operations platform
for the Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and
rescue mission of the Air Force.
Sec. 155. Plan for transfer of KC-135 aircraft to the Air National
Guard.
Sec. 156. Annual reports on T-7A Advanced Pilot Training System.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use
parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter
threats posed by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft
industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the
propulsion, power, and thermal management systems of F-35
aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project
authority.
Sec. 212. Clarification of role of senior official with principal
responsibility for artificial intelligence and machine
learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research
and Engineering in personnel management authority to attract
experts in science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of
Executive Agent for a certain Defense Production Act program.
Sec. 215. Support for research and development of bioindustrial
manufacturing processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to
support critical hypersonic weapons development.
Sec. 217. Competitively awarded demonstrations and tests of
electromagnetic warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of
microelectronics.
Sec. 220. Government-Industry-Academia Working Group on
Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband
infrastructure at all military installations.
Sec. 222. Outreach to historically Black colleges and universities and
other minority-serving institutions regarding National
Security Innovation Network programs that promote
entrepreneurship and innovation at institutions of higher
education.
Sec. 223. Report and pilot program based on recommendations regarding
defense research capacity at historically Black colleges and
universities and other minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable
inventions in the Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery
technologies for warfighters.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational
Test and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy
for fifth generation information and communications
technologies.
Sec. 233. Plan for investments to support the development of novel
processing approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and
communications technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation
Fellowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense
innovation ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing
capacity of the Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded
research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the
Electronic Proving Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and
information technology.
Sec. 242. Study and report on sufficiency of operational test and
evaluation resources supporting certain major defense
acquisition programs.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program
for State-owned facilities of the National Guard with proven
exposure of hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of
Department of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals
and energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-
biofuel-powered, or hydrogen-powered vehicles for the
Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense
relating to renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance
and promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint
requirements for future operational energy needs of Department
of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to
extreme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at
certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging
solutions to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries
through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense
sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on
military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of
Department of Defense with electric vehicles, advanced-
biofuel-powered vehicles, or hydrogen-powered vehicles.
Subtitle C--Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at
Red Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States
Indo-Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red
Hill Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage
Facility.
Sec. 337. Briefing on Department of Defense efforts to track health
implications of fuel leaks at Red Hill Bulk Fuel Storage
Facility.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 342. Increase of transfer authority for funding of study and
assessment on health implications of per- and polyfluoroalkyl
substances contamination in drinking water by Agency for Toxic
Substances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of testing
for perfluoroalkyl or polyfluoroalkyl substances on private
property.
Sec. 345. Restriction on procurement or purchasing by Department of
Defense of turnout gear for firefighters containing
perfluoroalkyl substances or polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military
installations from sources other than aqueous film-forming
foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of
Defense procurement of certain items containing PFOS or PFOA.
Subtitle E--Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics
and objectives for major defense acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval
vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in
readiness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for
relief efforts following major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on
duration of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations
regarding Shipyard Infrastructure Optimization Plan of the
Navy.
Sec. 357. Limitation on availability of funds for military information
support operations.
Sec. 358. Notification of modification to policy regarding retention
rates for Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in
United States and effect of those shipyards on Naval fleet
readiness.
Sec. 360. Independent study relating to fuel distribution logistics
across United States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel
distribution points in United States Indo-Pacific Command area
of responsibility.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
Sec. 371. Budgeting for depot and ammunition production facility
maintenance and repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for
unspecified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition
production facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-
level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds
expended for performance of depot-level maintenance and repair
workloads.
Sec. 377. Clarification of calculation for certain workload carryover of
Department of the Army.
Subtitle G--Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of
Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using
military working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard
responsibilities in connection with natural and man-made
disasters.
Sec. 385. Support for training of National Guard personnel on wildfire
prevention and response.
Sec. 386. Interagency collaboration and extension of pilot program on
military working dogs and explosives detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military
installations.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of
members of the Armed Forces for uniform items.
Sec. 391. Implementation of recommendations relating to animal facility
sanitation and plan for housing and care of horses.
Sec. 392. Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and Technical Training
School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
TITLE IV--MILITARY PERSONNEL AUTHORIZATION
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty
in grades of major, lieutenant colonel, and colonel.
Sec. 502. Distribution of commissioned officers on active duty in
general officer and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in the
grades of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting
retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel
from limitations on authorized strengths for general and flag
officers.
Sec. 507. Constructive service credit for certain officers of the Armed
Forces.
Sec. 508. Improvements to the selection of warrant officers in the
military departments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory
retirement for Superintendents of military service academies.
Sec. 509A. Modification of reports on Air Force personnel performing
duties of a Nuclear and Missile Operations Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of
Defense and other Department of Defense headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve
Officers' Training Corps in reports accompanying the national
defense strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the
Junior Reserve Officers' Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in
the National Guard due to undue delays in Federal recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active
Guard and Reserve duty at the request of a Governor may not
interfere with certain duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of
certain reserve components.
Sec. 519. Independent study on Federal recognition of National Guard
officers.
Sec. 519A. Review and update of report on geographic dispersion of
Junior Reserve Officers' Training Corps.
Sec. 519B. Briefing on duties of the Army Interagency Training and
Education Center.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection
review boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by
members of the Armed Forces and Department of Defense and
Coast Guard employees and their families.
Sec. 523. Limitation of extension of period of active duty for a member
who accepts a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative
discharges of certain members on the basis of failure to
receive COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 527. Notification to next of kin upon the death of a member of the
Armed Forces: study; update; training; report.
Sec. 528. Gender-neutral fitness physical readiness standards for
military occupational specialties of the Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated from
the Armed Forces due to pregnancy or parenthood.
Subtitle D--Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding
prospective recruits.
Sec. 532. Revival and extension of temporary authority for targeted
recruitment incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of
Defense.
Sec. 535. Report on Department of Defense recruitment advertising to
racial and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in
public secondary schools.
Sec. 537. Best practices for the retention of certain female members of
the Armed Forces.
Sec. 538. Review of certain personnel policies of special operations
forces.
Sec. 539. Support for members who perform duties regarding remotely
piloted aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who
specialize in air and missile defense systems.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army CID
special agent training course.
Sec. 549. Review of titling and indexing practices of the Army and
certain other organizations.
Sec. 549A. Briefing and report on resourcing required for implementation
of military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of
offenses under the Uniform Code of Military Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F--Member Education
Sec. 551. Authorization of certain support for military service academy
foundations.
Sec. 552. Individuals from the District of Columbia who may be
considered for appointment to military service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport
constitutes a breach of agreement to serve as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force
Institute of Technology: terms of Provosts and Chief Academic
Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military
service academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional
military education.
Subtitle G--Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees
of the Department of Defense in STEM.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Clarification and expansion of authorization of support for
chaplain-led programs for members of the Armed Forces.
Sec. 572. Pilot program to expand eligibility for enrollment at domestic
dependent elementary and secondary schools: extension; report.
Sec. 573. Commercial air waiver for next of kin regarding transportation
of remains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 575. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces with enrollment
changes due to base closures, force structure changes, or
force relocations.
Sec. 576. Pilot program on hiring of special needs inclusion
coordinators for Department of Defense child development
centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military Interstate
Children's Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to
provide financial assistance to members of the Armed Forces
for in-home child care.
Sec. 579B. Briefing on policies regarding single parents serving as
members of the Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected
children for purposes of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending
schools operated by the Department of Defense Education
Activity.
Subtitle I--Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of
military records to review determinations regarding certain
decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General
of the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces: modifications;
codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill
at Arlington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington
National Cemetery.
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military
installations.
Sec. 597. Briefing on the effects of economic inflation on members of
the Armed Forces.
Sec. 598. Study on improvement of access to voting for members of the
Armed Forces overseas.
Sec. 599. Report on incidence of military suicides by military job code.
Sec. 599A. Report on efforts to prevent and respond to deaths by suicide
in the Navy.
Sec. 599B. Report on officer personnel management and the development of
the professional military ethic of the Space Force.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay
authorities.
Sec. 603. Cold weather duty: authorization of assignment or special duty
pay; travel allowance for members of the Armed Forces assigned
to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of
eligibility for basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance
for housing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing
for members of the Armed Forces whose sole dependent dies
while residing with the member.
Sec. 614. Basic allowance for housing for members without dependents
when home port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits
for certain members assigned to the Defense Intelligence
Agency.
Sec. 616. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to
certain congressional committees.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex
overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed
services for spousal business costs arising from a permanent
change of station.
Sec. 623. Extension of authority to reimburse members for spouse
relicensing costs pursuant to a permanent change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs
to relocate a pet that arise from a permanent change of
station.
Sec. 625. Travel and transportation allowances for certain members of
the Armed Forces who attend a professional military education
institution or training classes.
Sec. 626. Conforming amendments to update references to travel and
transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a permanent change of
station or assignment.
Subtitle D--Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed Forces
to accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E--Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection;
training; report.
Subtitle F--Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang
Uyghur Autonomous Region in commissaries and exchanges.
Subtitle G--Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces:
study; report.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following
required training or other duty to respond to a national
emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE
Prime during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services
for members of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in
TRICARE directory.
Sec. 706. Independent analysis of quality and patient safety review
process under direct care component of TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve and
dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and
oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental health parity laws.
Subtitle B--Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability
evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in
requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health
system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve
medical force readiness.
Sec. 715. Congressional notification requirement to modify scope of
services provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to
civilians for care provided at military medical treatment
facilities.
Sec. 717. Authority to carry out studies and demonstration projects
relating to delivery of health and medical care through use of
other transaction authority.
Sec. 718. Licensure requirement for certain health-care professionals
providing services as part of mission relating to emergency,
humanitarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid
management in the military health system.
Sec. 720. Modification of requirement to transfer research and
development and public health functions to Defense Health
Agency.
Sec. 721. Access to certain dependent medical records by remarried
former spouses.
Sec. 722. Authority for Department of Defense program to promote early
literacy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health
System Medical Logistics Directorate and Military Health
System Education and Training Directorate.
Subtitle C--Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military
medical manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation
authority for independent suicide prevention and response
review committee.
Sec. 734. Termination of veterans' advisory board on radiation dose
reconstruction.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States and
Ukraine for military trauma care and research.
Sec. 737. Improvements relating to behavioral health care available
under military health system.
Sec. 738. Certification program in provision of mental health services
to members of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed
Forces by individuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department
of Defense; congressional notification.
Sec. 741. Limitation on reduction of military medical manning end
strength: certification requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense
internship programs relating to civilian behavioral health
providers.
Sec. 743. Updates to prior feasibility studies on establishment of new
command on defense health.
Sec. 744. Capability assessment and action plan with respect to effects
of exposure to open burn pits and other environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military
department and related matters.
Sec. 747. Report on effects of low recruitment and retention on
operational tempo and physical and mental health of members of
the Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate
partner violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the
Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in
overcoming obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and
engineering services.
Sec. 803. Data requirements for commercial products for major weapon
systems.
Sec. 804. Revision of authority for procedures to allow rapid
acquisition and deployment of capabilities needed under
specified high-priority circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal
for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense
acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Inclusion in budget justification materials of enhanced
reporting on proposed cancellations and modifications to
multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and
related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with
requests for multiyear procurement authority for large defense
acquisitions.
Sec. 816. Modification of provision relating to determination of certain
activities with unusually hazardous risks.
Sec. 817. Modification to prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and
pricing processes.
Sec. 819. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department
of Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due
to inflation impacts.
Subtitle C--Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition
workforce excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and
agreements with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial
skills program.
Subtitle D--Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of
intellectual property.
Sec. 842. Modification of authority of the Department of Defense to
carry out certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate the
procurement and fielding of innovative technologies.
Sec. 846. Report on software delivery times.
Subtitle E--Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.
Sec. 852. Modification to miscellaneous limitations on the procurement
of goods other than United States goods.
Sec. 853. Requirements for the procurement of certain components for
certain naval vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance program.
Sec. 855. Codification of prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor-Protege
Program.
Sec. 857. Procurement requirements relating to rare earth elements and
strategic and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial
mobilization and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical
supply chains.
Sec. 861. Strategy for increasing competitive opportunities for certain
critical technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F--Small Business Matters
Sec. 871. Codification of Small Business Administration scorecard.
Sec. 872. Modifications to the SBIR and STTR programs.
Sec. 873. Access to data on bundled or consolidated contracts.
Sec. 874. Small business integration working group.
Sec. 875. Demonstration of commercial due diligence for small business
programs.
Sec. 876. Development and assessment of mission effectiveness metrics.
Subtitle G--Other Matters
Sec. 881. Technical correction to effective date of the transfer of
certain title 10 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance
into program classification guides and program protection
plans.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy
Assistant Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief
Management Officer.
Sec. 903. Limitation on use of funds pending demonstration of product to
identify, task, and manage congressional reporting
requirements.
Sec. 904. Limitation on use of funds pending compliance with
requirements relating to alignment of Close Combat Lethality
Task Force.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic
spectrum operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management
systems.
Sec. 918. Report on potential transition of all members of the Space
Force into a single component.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans
review process.
Sec. 1003. Annual reports on budgetary effects of inflation.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions
directly concerning Marine Corps amphibious force structure
and capability.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or inactivating
battle force ships before end of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning
baseline plans.
Sec. 1027. Withholding of certain information about sunken military
crafts.
Sec. 1028. Business case analyses on disposition of certain Government-
owned dry-docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1033. Modification and extension of prohibition on use of funds for
transfer or release of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and
unclassified form.
Sec. 1042. Department of Defense support for funerals and memorial
events for Members and former Members of Congress.
Sec. 1043. Modification of authority for humanitarian demining
assistance and stockpiled conventional munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health
incidents.
Sec. 1045. Security clearances for recently separated members of the
Armed Forces and civilian employees of the Department of
Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense
systems for certain congressional staff for oversight
purposes.
Sec. 1047. Introduction of entities in transactions critical to national
security.
Sec. 1048. Joint training pipeline between United States Navy and Royal
Australian Navy.
Sec. 1049. Standardization of sectional barge construction for
Department of Defense use on rivers and intercoastal
waterways.
Sec. 1050. Department of Defense support for recently enacted
commissions.
Subtitle F--Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support
operations in the information environment.
Sec. 1053. Modification and continuation of reporting requirement
relating to humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan Shield.
Sec. 1056. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement regarding
enhancement of information sharing and coordination of
military training between Department of Homeland Security and
Department of Defense.
Sec. 1059. Continuation of requirement for annual report on National
Guard and reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to transfer
excess aircraft to other departments of the Federal Government
and authority to transfer excess aircraft to States.
Sec. 1061. Combatant command risk assessment for airborne intelligence,
surveillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space
near wind turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility
multipurpose wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on
Government Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying
missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding
distinction between combatants and civilians in United States
military operations.
Sec. 1068. Report on strategy and improvement of community engagement
efforts of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the
Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for
civil authorities to address immigration at the southwest
border.
Sec. 1071. Annual report on procurement of equipment by State and local
governments through the Department of Defense.
Sec. 1072. Briefing on financial oversight of certain educational
institutions receiving Department of Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on
Department of Defense hiring, retention, and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major
units of the United States Armed Forces to certain European
countries.
Sec. 1076. Report on effects of strategic competitor naval facilities in
Africa.
Subtitle G--Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Department of Defense Civilian Protection Center of
Excellence.
Sec. 1083. Ronald V. Dellums Memorial Fellowship in STEM.
Sec. 1084. Amendment to memorial for members of the Armed Forces killed
in attack on Hamid Karzai International Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of
operations of United States Indo-Pacific Command.
Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for
Strategic Studies as the James M. Inhofe Center for Africa
Strategic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2
joint training exercises.
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Restricted reporting option for Department of Defense
civilian employees choosing to report experiencing adult
sexual assault.
Sec. 1102. Modification and extension of authority to waive annual
limitation on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the
Department of Defense.
Sec. 1105. Temporary extension of authority to provide security for
former Department of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology
positions in science and technology reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-
limited appointments to compete for permanent appointments.
Sec. 1109. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic
shaping of the workforce to improve the technical skills and
expertise at certain department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for
noncompetitive appointments of military spouses by federal
agencies.
Sec. 1112. Modification to pilot program for the temporary assignment of
cyber and information technology personnel to private sector
organizations.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation in
training program conducted by Colombia under the United
States-Colombia Action Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in multinational
centers of excellence.
Sec. 1204. Modification of existing authorities to provide for an
Irregular Warfare Center and a Regional Defense Fellowship
Program.
Sec. 1205. Modification to authority to provide support for conduct of
operations.
Sec. 1206. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1207. Modification and extension of authority to support border
security operations of certain foreign countries.
Sec. 1208. Security cooperation programs with foreign partners to
advance women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for
assistance to units of foreign security forces that have
committed a gross violation of human rights.
Sec. 1210. Independent assessment of United States efforts to train,
advise, assist, and equip the military forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation
Pilot Program.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress
injury and loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in
Afghanistan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities
of Iran and related activities.
Sec. 1232. Extension of authority to support operations and activities
of the Office of Security Cooperation in Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1234. Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated
operatives abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated networks linked to
the regime of Bashar al-Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D--Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1242. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1243. Modification to annual report on military and security
developments involving the Russian Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other
matters.
Sec. 1245. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over internationally recognized
territory of Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of
short and medium-term security assistance to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification to annual report on military and security
developments involving the People's Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to
authorize use of funds for the Coast Guard.
Sec. 1253. Modification of prohibition on participation of the People's
Republic of China in rim of the Pacific (RIMPAC) naval
exercises to include cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1256. Enhanced indications and warning for deterrence and
dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment
projects with ties to the Government of the People's Republic
of China.
Sec. 1258. Reporting on institutions of higher education domiciled in
the People's Republic of China that provide support to the
People's Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases and
investments made by the Government of the People's Republic of
China and entities directed or backed by the Government of the
People's Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in
the Indo-Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States
military posture in the Indo-Pacific region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Subtitle F--Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations
Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture
in Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist
organizations.
Sec. 1275. Report and feasibility study on collaboration to meet shared
national security interests in East Africa.
Sec. 1276. Assessment of challenges to implementation of the
partnership among Australia, the United Kingdom, and the
United States.
Sec. 1277. Modification and extension of United States-Israel
cooperation to counter unmanned aerial systems.
Sec. 1278. Sense of Congress and briefing on multinational force and
observers.
Sec. 1279. Briefing on Department of Defense program to protect United
States students against foreign agents.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B--National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling
Act.
Sec. 1412. Modification of acquisition authority under Strategic and
Critical Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense
Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged
conflict.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A--Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Annual reports on support by military departments for United
States Cyber Command.
Sec. 1503. Modification of office of primary responsibility for
strategic cybersecurity program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of
universities that advise Secretary of Defense on cybersecurity
matters.
Sec. 1506. Alignment of Department of Defense cyber international
strategy with National Defense Strategy and Department of
Defense Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of
Jordan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting
Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities for
certain systems of the Department of Defense.
Sec. 1513. Establishing projects for data management, artificial
intelligence, and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity
capabilities.
Subtitle B--Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation
in the information environment.
Sec. 1522. Assessment and optimization of Department of Defense
information and influence operations conducted through
cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission
of joint lexicon for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of
information operations strategy and posture review.
Sec. 1526. Limitation on availability of certain funds until submission
of assessments relating to cybersecurity of the defense
industrial base.
Subtitle C--Personnel
Sec. 1531. Cyber operations-peculiar awards.
Sec. 1532. Establishment of Cyber Operations Designator and rating for
the Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path
study.
Sec. 1537. Study to determine optimal strategy for structuring and
manning elements of Joint Force Headquarters-Cyber
Organizations, Joint Mission Operations Centers, and Cyber
Operations-Integrated Planning Elements.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office
of the Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for
Department of Defense.
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D--Reports and Other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related
information with foreign operational partners.
Sec. 1552. Demonstration program for cyber and information technology
budget data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of
artificial intelligence.
Sec. 1555. Review of Department of Defense implementation of
recommendations from Defense Science Board cyber report.
Sec. 1556. Annual briefing on relationship between National Security
Agency and United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations
Forces.
Sec. 1558. Annual assessments and reports on assignment of certain
budget control responsibility to Commander of United States
Cyber Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-
frequency enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter
adversaries in the information environment.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Requirements for protection of satellites.
Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and
capability delivery schedules for segments of major satellite
acquisitions programs and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space
technology development.
Sec. 1608. Review of Space Development Agency exemption from Joint
Capabilities Integration and Development System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and
Attack Assessment System and multi-domain sensors.
Sec. 1610. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that
support operational preparation of the environment.
Subtitle C--Nuclear Forces
Sec. 1631. Biannual briefing on nuclear weapons and related activities.
Sec. 1632. Industrial base monitoring for B-21 and Sentinel programs.
Sec. 1633. Improvements to Nuclear Weapons Council.
Sec. 1634. Portfolio management framework for nuclear forces.
Sec. 1635. Extension of requirement to report on nuclear weapons
stockpile.
Sec. 1636. Modification and extension of annual assessment of cyber
resilience of nuclear command and control system.
Sec. 1637. Modification of reports on Nuclear Posture Review
implementation.
Sec. 1638. Establishment of intercontinental ballistic missile site
activation task force for Sentinel program.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Plan for development of reentry vehicles.
Sec. 1641. Treatment of nuclear modernization and hypersonic missile
programs within Defense Priorities and Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise
missile.
Subtitle D--Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
Sec. 1652. Improvements to acquisition accountability reports on the
ballistic missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense
information and systems.
Sec. 1654. Next generation interceptors for missile defense of United
States homeland.
Sec. 1655. Termination of requirement to transition ballistic missile
defense programs to the military departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile
defense systems and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1660. Integrated air and missile defense architecture for defense
of Guam.
Sec. 1661. Limitation on availability of certain funds until submission
of report on implementation of the cruise missile defense
architecture for the homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to
certain allies and partners of the United States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous
United States.
Subtitle E--Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White
House Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of
weapons provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for
Patriot air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability
and capacity needs for munitions production and stockpiling.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2803. Effective date and automatic execution of conforming changes
to tables of sections, tables of contents, and similar tabular
entries.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Demolition of District of Columbia Fort McNair Quarters 4,
13, and 15.
Sec. 2105. Modification of authority to carry out fiscal year 2019
project at Camp Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain
fiscal year 2018 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018
project.
Sec. 2205. Transfer of customers from Navy electrical utility system at
former Naval Air Station Barber's Point, Hawaii, to new
electrical system in Kalaeloa, Hawaii.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2305. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2306. Modification of authority to carry out certain military
construction projects at Tyndall Air Force Base, Florida.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy resilience and conservation investment
program projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Repeal of authorized approach to certain construction
project.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Corrections to authority to carry out certain fiscal year
2022 projects.
Sec. 2608. Extension of authority to carry out certain fiscal year 2018
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account.
Sec. 2702. Authorization to fund certain demolition and removal
activities through Department of Defense Base Closure Account.
Sec. 2703. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority to
carry out unspecified minor military construction.
Sec. 2802. Modification of annual locality adjustment of dollar
thresholds applicable to unspecified minor military
construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization
program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified
minor military construction for lab revitalization.
Sec. 2805. Military construction projects for innovation, research,
development, test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy,
Installations, and Environment as Chief Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost variations
for military construction projects and military family housing
projects.
Sec. 2809. Use of operation and maintenance funds for certain
construction projects outside the United States.
Sec. 2810. Consideration of installation of integrated solar roofing to
improve energy resiliency of military installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and
Unified Facilities Criteria to include specifications on use
of gas insulated switchgear and criteria and specifications on
microgrids and microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders
that impact cost and scope of work of military construction
projects.
Sec. 2813. Requirement for inclusion of Department of Defense Forms 1391
with annual budget submission by President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B--Military Housing Reforms
Sec. 2821. Standardization of military installation Housing Requirements
and Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical
conditions of residents in privatized military housing.
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts
with federally funded research and development centers.
Sec. 2832. Limitation on use of funds pending completion of military
installation resilience component of master plans for at-risk
major military installations.
Sec. 2833. Physical entrances to certain military installations.
Subtitle D--Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army
Depot, Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex,
Virginia Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha,
Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E--Miscellaneous Studies and Reports
Sec. 2851. Study on practices with respect to development of military
construction projects.
Sec. 2852. Report on capacity of Department of Defense to provide
survivors of natural disasters with emergency short-term
housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States
military installations by the People's Republic of China.
Subtitle F--Other Matters
Sec. 2861. Required consultation with State and local entities for
notifications related to the basing decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program
of certain projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the
report on strategic seaports in Defense Community
Infrastructure Pilot Program.
Sec. 2864. Inclusion of certain property for purposes of defense
community infrastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable
building materials in military construction to include
locations throughout the United States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for
certain construction projects in the Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of
Inspectors General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training
facility.
Sec. 2870. Limitation on use of funds for closure of combat readiness
training centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot
Project.
Sec. 2873. Access to military installations for Homeland Security
Investigations personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with
civil aviation.
Sec. 2875. Electrical charging capability construction requirements
relating to parking for Federal Government motor vehicles.
TITLE XXIX--FALLON RANGE TRAINING COMPLEX
Subtitle A--Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.
Sec. 2902. Numu Newe Special Management Area.
Sec. 2903. National conservation areas.
Sec. 2904. Collaboration with State and county.
Sec. 2905. Wilderness areas in Churchill County, Nevada.
Sec. 2906. Release of wilderness study areas.
Sec. 2907. Land conveyances and exchanges.
Sec. 2908. Checkerboard resolution.
Subtitle B--Lander County Economic Development and Conservation
Sec. 2911. Definitions.
Part I--Lander County Public Purpose Land Conveyances
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
Part II--Lander County Wilderness Areas
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study areas.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Requirements for specific request for new or modified nuclear
weapons.
Sec. 3112. Modifications to long-term plan for meeting national security
requirements for unencumbered uranium.
Sec. 3113. Modification of minor construction threshold for plant
projects.
Sec. 3114. Update to plan for deactivation and decommissioning of
nonoperational defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation
threats at vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for
laboratory-directed research and development.
Sec. 3117. Workforce enhancement for National Nuclear Security
Administration.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
Sec. 3120. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration to
the Air Force for the development of the Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to
plutonium pit aging.
Sec. 3125. National Nuclear Security Administration facility advanced
manufacturing development.
Sec. 3126. Authorization of workforce development and training
partnership programs within National Nuclear Security
Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modification to certain reporting requirements.
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense
Act and other provisions.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime
Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to
cargoes procured, furnished, or financed by other Federal
departments and agencies.
Subtitle B--Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain
merchant mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States
Government works.
Sec. 3515. Reports on matters relating to the United States Merchant
Marine Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy
cadets on certain vessels.
Subtitle C--Maritime Infrastructure
Sec. 3521. United States marine highway program.
Sec. 3522. Port infrastructure development grants.
Sec. 3523. Project selection criteria for port infrastructure
development program.
Sec. 3524. Infrastructure improvements identified in the report on
strategic seaports.
Sec. 3525. GAO review of Government efforts to promote growth and
modernization of United States Merchant Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure
resiliency and disaster preparedness.
Sec. 3527. Study on foreign investment in shipping.
Sec. 3528. Report on alternate marine fuel bunkering facilities at
ports.
Sec. 3529. Study of cybersecurity and national security threats posed by
foreign manufactured cranes at United States ports.
Subtitle D--Maritime Workforce
Sec. 3531. Improving Protections for Midshipmen.
Sec. 3532. Maritime Technical Advancement Act.
Sec. 3533. Ensuring diverse mariner recruitment.
Sec. 3534. Low emissions vessels training.
Subtitle E--Other Matters
Sec. 3541. Waiver of navigation and vessel inspection laws.
Sec. 3542. National maritime strategy.
Sec. 3543. Maritime Environmental and Technical Assistance Program.
Sec. 3544. Definition of qualified vessel.
Sec. 3545. Establishing a capital construction fund.
Sec. 3546. Recapitalization of National Defense Reserve Fleet.
Sec. 3547. Sense of Congress on Merchant Marine.
Sec. 3548. Analysis of effects of chemicals in stormwater runoff on
Pacific salmon and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy National Security Programs.
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI--VETERANS AFFAIRS MATTERS
Subtitle A--Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.
Sec. 5102. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated States.
Subtitle B--Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of
information on Department of Veterans Affairs home loan
benefits.
Sec. 5112. GAO study on post-market surveillance of medical devices by
Department of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services
and housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of
Veterans Affairs.
Subtitle C--Other Matters
Sec. 5121. Improved application of employment and reemployment rights of
all members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of
Veterans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles Leasing
Act of 2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of
Veterans Affairs of donated facilities and related
improvements.
Sec. 5126. Improvement of Vet Centers at Department of Veterans Affairs.
Sec. 5127. Information on certain veterans with prior medical
occupations; program on intermediate care technicians of
Department of Veterans Affairs.
TITLE LII--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS
Subtitle A--Inspector General Independence
Sec. 5201. Short title.
Sec. 5202. Removal or transfer of Inspectors General; placement on non-
duty status.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
Subtitle B--Presidential Explanation of Failure to Nominate an Inspector
General
Sec. 5221. Presidential explanation of failure to nominate an Inspector
General.
Subtitle C--Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
Sec. 5231. Short title.
Sec. 5232. Additional information to be included in requests and reports
to Congress.
Sec. 5233. Availability of information to Congress on certain
allegations of wrongdoing closed without referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of
establishments by the Integrity Committee.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
Sec. 5241. Notice of ongoing investigations when there is a change in
status of Inspector General.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
Sec. 5251. CIGIE report on expenditures.
Subtitle F--Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to
Inspectors General.
Subtitle G--Training Resources for Inspectors General and Other Matters
Sec. 5271. Training resources for Inspectors General.
Sec. 5272. Definition of appropriate congressional committees.
Sec. 5273. Semiannual reports.
Sec. 5274. Submission of reports that specifically identify non-
governmental organizations or business entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of
evacuees from Afghanistan and the Afghanistan special
immigrant visa program.
TITLE LIII--OVERSIGHT AND REFORM MATTERS
Subtitle A--General Provisions
Sec. 5301. Access for Veterans to Records.
Sec. 5302. ONDCP supplemental strategies.
Sec. 5303. Performance Enhancement.
Sec. 5304. Appeals to merit systems protection board relating to FBI
reprisal allegations; salary of Special Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B--PLUM Act of 2022
Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and
supporting positions.
TITLE LIV--21ST CENTURY ASSISTIVE TECHNOLOGY ACT
Sec. 5401. Short title.
Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
TITLE LV--FOREIGN AFFAIRS MATTERS
Subtitle A--Taiwan Enhanced Resilience Act
Sec. 5501. Short title.
Part 1--Implementation of an Enhanced Defense Partnership Between the
United States and Taiwan
Sec. 5502. Modernizing Taiwan's security capabilities to deter and, if
necessary, defeat aggression by the People's Republic of
China.
Sec. 5503. Increase in annual regional contingency stockpile additions
and support for Taiwan.
Sec. 5504. International military education and training cooperation
with Taiwan.
Sec. 5505. Additional authorities to support Taiwan.
Sec. 5506. Multi-year plan to fulfill defensive requirements of military
forces of Taiwan.
Sec. 5507. Fast-tracking sales to Taiwan under Foreign Military Sales
program.
Sec. 5508. Arms exports delivery solutions for Taiwan and United States
allies in the Indo-Pacific.
Sec. 5509. Assessment of Taiwan's needs for civilian defense and
resilience.
Sec. 5510. Annual report on Taiwan defensive military capabilities and
intelligence support.
Sec. 5511. Findings and statement of policy.
Sec. 5512. Sense of Congress on Taiwan defense relations.
Part 2--Countering People's Republic of China's Coercion and Influence
Campaigns
Sec. 5513. Strategy to respond to influence and information operations
targeting Taiwan.
Sec. 5514. Task force to counter economic coercion by the People's
Republic of China.
Sec. 5515. China censorship monitor and action group.
Part 3--Inclusion of Taiwan in International Organizations
Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan's meaningful participation in the
international community.
Sec. 5518. Strategy to support Taiwan's meaningful participation in
international organizations.
Sec. 5519. Meaningful participation of Taiwan in the International Civil
Aviation Organization.
Part 4--Miscellaneous Provisions
Sec. 5520. Report on Taiwan Travel Act.
Sec. 5521. Amendments to the Taiwan Allies International Protection and
Enhancement Initiative (Taipei) Act of 2019.
Sec. 5522. Report on role of People's Republic of China's nuclear threat
in escalation dynamics.
Sec. 5523. Report analyzing the impact of Russia's war against Ukraine
on the objectives of the People's Republic of China with
respect to Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic
relations with Taiwan.
Part 5--Supporting United States Educational and Exchange Programs With
Taiwan
Sec. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs
with Taiwan.
Part 6--United States-Taiwan Public Health Protection
Sec. 5536. Short title.
Sec. 5537. Definitions.
Sec. 5538. Study on an infectious disease monitoring center.
Part 7--Rules of Construction
Sec. 5539. Rule of construction.
Sec. 5540. Rule of construction regarding the use of military force.
Subtitle B--United States-Ecuador Partnership Act of 2022
Sec. 5541. Short title.
Sec. 5542. Sense of Congress.
Sec. 5543. Facilitating economic and commercial ties.
Sec. 5544. Promoting inclusive economic development.
Sec. 5545. Combating illicit economies, corruption, and negative foreign
influence.
Sec. 5546. Strengthening democratic governance.
Sec. 5547. Fostering conservation and stewardship.
Sec. 5548. Authorization to transfer excess Coast Guard vessels.
Sec. 5549. Reporting requirements.
Sec. 5550. Sunset.
Subtitle C--FENTANYL Results Act
Sec. 5551. Short title.
Sec. 5552. Prioritization of efforts of the Department of State to
combat international trafficking in covered synthetic drugs.
Sec. 5553. Program to provide assistance to build the capacity of
foreign law enforcement agencies with respect to covered
synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to
illicit use of covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
Subtitle D--International Pandemic Preparedness
Sec. 5559. Short title.
Sec. 5560. Definitions.
Sec. 5561. Enhancing the United States' international response to
pandemics.
Sec. 5562. International pandemic prevention and preparedness.
Sec. 5563. Financial Intermediary Fund for Pandemic Prevention,
Preparedness, and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Sec. 5566. Rule of construction.
Subtitle E--Burma Act of 2022
Sec. 5567. Short title.
Sec. 5568. Definitions.
Part 1--Matters Relating to the Conflict in Burma
Sec. 5569. Statement of policy.
Part 2--Sanctions and Policy Coordination With Respect to Burma
Sec. 5570. Definitions.
Sec. 5571. Imposition of sanctions with respect to human rights abuses
and perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to
Burma.
Sec. 5574. Sunset.
Part 3--Authorizations of Appropriations for Assistance for Burma
Sec. 5575. General authorization of appropriations.
Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.
Part 4--Efforts Against Human Rights Abuses
Sec. 5578. Authorization to provide technical assistance for efforts
against human rights abuses.
Part 5--Sanctions Exception Relating to Importation of Goods
Sec. 5579. Sanctions exception relating to importation of goods.
Subtitle F--Promotion of Freedom of Information and Countering of
Censorship and Surveillance in North Korea
Sec. 5580. Short title.
Sec. 5581. Findings; sense of Congress.
Sec. 5582. Statement of policy.
Sec. 5583. United States strategy to combat North Korea's repressive
information environment.
Sec. 5584. Promoting freedom of information and countering censorship
and surveillance in North Korea.
Subtitle G--Other Matters
Sec. 5585. Congressional notification for rewards paid using
cryptocurrencies.
Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef
Conservation Act of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or
transfer of gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.
Sec. 5592. Secretary of State assistance for prisoners in Islamic
Republic of Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act
of 2022.
Subtitle H--Reports
Sec. 5594. Modification to peacekeeping operations report.
Sec. 5595. Report on Indo-Pacific region.
Sec. 5596. Report on humanitarian situation and food security in
Lebanon.
Sec. 5597. Statement of policy and report on engaging with Niger.
Sec. 5598. Report on bilateral security and law enforcement cooperation
with Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its
unprovoked invasion of and full-scale war against Ukraine.
Sec. 5599A. Feasibility study on United States support for and
participation in the international counterterrorism academy in
Cote d'Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family
members in North Korea.
Subtitle I--Sense of Congress Provisions
Sec. 5599C. Sense of Congress regarding the status of China.
Sec. 5599D. Sense of Congress regarding Israel.
Sec. 5599E. Sense of Congress relating to the NATO Parliamentary
Assembly.
Sec. 5599F. Condemning detention and indictment of Russian opposition
leader Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons
by Iran.
TITLE LVI--TRANSPORTATION AND INFRASTRUCTURE
Sec. 5601. Designation of small State and rural advocate.
Sec. 5602. Flexibility.
Sec. 5603. Preliminary damage assessment.
Sec. 5604. Letter of deviation authority.
Sec. 5605. Recognizing FEMA support.
TITLE LVII--FINANCIAL SERVICES MATTERS
Sec. 5701. United States policy on World Bank Group and Asian
Development Bank assistance to the People's Republic of China.
Sec. 5702. Support for international initiatives to provide debt
restructuring or relief to developing countries with
unsustainable levels of debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
TITLE LVIII--FINANCIAL DATA TRANSPARENCY
Sec. 5801. Short title.
Subtitle A--Data Standards for Covered Agencies; Department of the
Treasury Rulemaking
Sec. 5811. Data standards.
Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B--Securities and Exchange Commission
Sec. 5821. Data standards requirements for the Securities and Exchange
Commission.
Sec. 5822. Open data publication by the Securities and Exchange
Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification
at the Securities and Exchange Commission; sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C--Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit Insurance
Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance
Corporation.
Sec. 5833. Rulemaking.
Sec. 5834. No new disclosure requirements.
Subtitle D--Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for the
Office of the Comptroller of the Currency.
Sec. 5842. Rulemaking.
Sec. 5843. No new disclosure requirements.
Subtitle E--Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for the
Bureau of Consumer Financial Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
Subtitle F--Federal Reserve System
Sec. 5861. Data standards requirements for the Board of Governors of the
Federal Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the
Federal Reserve System.
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Subtitle G--National Credit Union Administration
Sec. 5871. Data standards.
Sec. 5872. Open data publication by the National Credit Union
Administration.
Sec. 5873. Rulemaking.
Sec. 5874. No new disclosure requirements.
Subtitle H--Federal Housing Finance Agency
Sec. 5881. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 5882. Open data publication by the Federal Housing Finance Agency.
Sec. 5883. Rulemaking.
Sec. 5884. No new disclosure requirements.
Subtitle I--Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
TITLE LIX--OTHER MATTERS
Subtitle A--Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain nonimmigrant H-2B
workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E-1 and
E-2 nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors'
bill of rights.
Sec. 5904. Extending the statute of limitations for certain money
laundering offenses.
Subtitle B--Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and
specialized facilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed
ledger technology.
Sec. 5914. Technical corrections.
Subtitle C--FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D--Judicial Security and Privacy
Sec. 5931. Short title.
Sec. 5932. Findings and purpose.
Sec. 5933. Definitions.
Sec. 5934. Protecting covered information in public records.
Sec. 5935. Training and education.
Sec. 5936. Vulnerability management capability.
Sec. 5937. Rules of construction.
Sec. 5938. Severability.
Sec. 5939. Effective date.
Subtitle E--Other Matters
Sec. 5941. Secretary of Agriculture report on improving supply chain
shortfalls and infrastructure needs at wholesale produce
markets.
Sec. 5942. Extension of deadline for transfer of parcels of land in New
Mexico.
Sec. 5943. Ending global wildlife poaching and trafficking.
Sec. 5944. Cost-sharing requirements applicable to certain Bureau of
Reclamation dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration
property in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-
binding instruments.
Sec. 5948. Ukraine Invasion War Crimes Deterrence and Accountability
Act.
Sec. 5949. Prohibition on certain semiconductor products and services.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified Schedule of Authorizations.
Sec. 6103. Intelligence Community Management Account.
Sec. 6104. Restriction on conduct of intelligence activities.
Sec. 6105. Increase in employee compensation and benefits authorized by
law.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Modification of requirements for certain employment
activities by former intelligence officers and employees.
Sec. 6302. Counterintelligence and national security protections for
intelligence community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement
jurisdiction to facilities of Office of Director of National
Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller
General of the United States for the Director of National
Intelligence.
Sec. 6305. Timely submission of classified intelligence budget
justification materials.
Sec. 6306. Copyright protection for civilian faculty of the National
Intelligence University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel
of intelligence community in positions highly vulnerable to
cyber attack.
Sec. 6309. Enforcement of cybersecurity requirements for national
security systems.
Sec. 6310. Review and briefing on intelligence community activities
under Executive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for
export controls and foreign investment screening.
Sec. 6312. Annual training requirement and report regarding analytic
standards.
Sec. 6313. Review of Joint Intelligence Community Council.
Sec. 6314. Required policy for minimum insider threat standards.
Sec. 6315. Unfunded priorities of the intelligence community.
Sec. 6316. Submission of covered documents and classified annexes.
Sec. 6317. Improvements to program on recruitment and training.
Sec. 6318. Measures to mitigate counterintelligence threats from
proliferation and use of foreign commercial spyware.
Sec. 6319. Personnel vetting performance measures.
Sec. 6320. Proactive cybersecurity.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Modifications to responsibilities and authorities of Director
of National Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence
Priorities Framework.
Sec. 6403. Disposition of records of Office of the Director of National
Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence
Agency functions.
Sec. 6412. Expansion of reporting requirements relating to authority to
pay personnel of Central Intelligence Agency for certain
injuries to the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide
protection for certain personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce
wellbeing.
Subtitle C--Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence
community.
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D--Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance
Office.
Sec. 6432. Establishment of advisory board for National Geospatial-
Intelligence Agency.
Sec. 6433. Elevation of the commercial and business operations office of
the National Geospatial-Intelligence Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership
Program.
Sec. 6436. Briefing on coordination between intelligence community and
Bureau of Industry and Security.
TITLE LXV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Intelligence Matters Relating to the People's Republic of
China
Sec. 6501. Report on wealth and corrupt activities of the leadership of
the Chinese Communist Party.
Sec. 6502. Identification and threat assessment of companies with
investments by the People's Republic of China.
Sec. 6503. Intelligence community working group for monitoring the
economic and technological capabilities of the People's
Republic of China.
Sec. 6504. Annual report on concentrated reeducation camps in the
Xinjiang Uyghur Autonomous Region of the People's Republic of
China.
Sec. 6505. Assessments of production of semiconductors by the People's
Republic of China.
Subtitle B--Miscellaneous Authorities, Requirements, and Limitations
Sec. 6511. Notice of deployment or transfer of containerized missile
systems by Russia, China, or Iran.
Sec. 6512. Intelligence community coordinator for Russian atrocities
accountability.
Sec. 6513. Lead intelligence community coordinator for countering and
neutralizing proliferation of Iran-origin unmanned aircraft
systems.
Sec. 6514. Collaboration between intelligence community and Department
of Commerce to counter foreign commercial threats.
Sec. 6515. Intelligence assessment on foreign weaponization of
advertisement technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray zone
assets.
Subtitle C--Reports and Other Matters
Sec. 6521. Report on assessing will to fight.
Sec. 6522. Report on threat from hypersonic weapons.
Sec. 6523. Report on ordnance of Russia and China.
Sec. 6524. Report on activities of China and Russia targeting Latin
America and the Caribbean.
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence
community for atrocity prevention and accountability.
TITLE LXVI--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 6601. Improving onboarding of personnel in intelligence community.
Sec. 6602. Report on legislative action required to implement Trusted
Workforce 2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment of
administration of polygraphs in intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified
information for certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of
covered insider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on use
of space certified as sensitive compartmented information
facilities.
Sec. 6608. Improving prohibition of certain personnel practices in
intelligence community with respect to contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and
information of urgent concern received by inspectors general
of the intelligence community.
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
Sec. 6701. Definitions.
Sec. 6702. Additional responsibilities of Director of National
Intelligence for artificial intelligence policies, standards,
and guidance for the intelligence community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B--Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of
commercial integration.
Sec. 6713. Pilot program on designated emerging technology transition
projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility
access by certain contractors; reports on expansion of
security clearances for certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of
Federal Acquisition Regulation relating to commercially
available off-the-shelf items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts
for artificial intelligence and emerging technology software
products.
Sec. 6718. Certification relating to information technology and software
systems.
Subtitle C--Reports
Sec. 6721. Reports on integration of artificial intelligence within
intelligence community.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence
community relating to science, technology, engineering, and
math, and related areas.
Subtitle D--Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E--Other Matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII--OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 6802. Modification of requirement for office to address
unidentified anomalous phenomena.
Sec. 6803. Comptroller General of the United States audits and briefings
on unidentified anomalous phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of
synthetic opioids.
Sec. 6805. Assessment and report on mass migration in the Western
Hemisphere.
Sec. 6806. Report on international norms, rules, and principles
applicable in space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect
to the Russian Federation's invasion of Ukraine.
Sec. 6808. Assessment of impact of Russia's invasion of Ukraine on food
security.
Sec. 6809. Pilot program for Director of Federal Bureau of Investigation
to undertake an effort to identify International Mobile
Subscriber Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research
assessment of anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing
requirements.
Sec. 6812. Increased intelligence-related engineering, research, and
development capabilities of minority institutions.
Sec. 6813. Reports on personnel vetting processes and progress under
Trusted Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National
Geospatial-Intelligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information
in personnel vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and
oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to
digital engineering environment.
Sec. 6819. Briefing on Department of Homeland Security intelligence
activities.
Sec. 6820. Report on declassification efforts of Central Intelligence
Agency.
Sec. 6821. Report on National Space Intelligence Center.
Sec. 6822. Report on implementation of Executive Order 13556, regarding
controlled unclassified information.
Sec. 6823. National Museum of Intelligence and Special Operations.
Sec. 6824. Technical corrections.
DIVISION G--HOMELAND SECURITY
TITLE LXXI--HOMELAND SECURITY MATTERS
Subtitle A--Strengthening Security in Our Communities
Sec. 7101. Enhancements to funding and administration of Nonprofit
Security Grant Program of the Department of Homeland Security.
Sec. 7102. Preservation of homeland security capabilities.
Sec. 7103. School and daycare protection.
Sec. 7104. Cybersecurity grants for schools.
Sec. 7105. Transnational Criminal Investigative Unit Stipend.
Sec. 7106. Chemical Security Analysis Center.
Subtitle B--Strengthening DHS Management, Policymaking, and Operations
Sec. 7111. Joint Task Forces of the Department of Homeland Security.
Sec. 7112. Homeland Procurement Reform Act.
Sec. 7113. Daily public report of covered contract awards.
Sec. 7114. Preference for United States industry.
Sec. 7115. Department of Homeland Security mentor-protege program.
Sec. 7116. DHS economic security council.
Subtitle C--Enhancing Cybersecurity Training and Operations
Sec. 7121. President's Cup Cybersecurity Competition.
Sec. 7122. Industrial control systems cybersecurity training.
Sec. 7123. National Computer Forensics Institute reauthorization.
Sec. 7124. Report on cybersecurity roles and responsibilities of the
Department of Homeland Security.
Subtitle D--Enhancing Transportation and Border Security Operations
Sec. 7131. TSA reaching across nationalities, societies, and languages
to advance traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to
deter vehicular terrorist attacks (Darren Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection
personnel on the use of containment devices to prevent
secondary exposure to fentanyl and other potentially lethal
substances.
Sec. 7136. Reports, evaluations, and research regarding drug
interdiction at and between ports of entry.
Subtitle E--Technical Corrections, Conforming Changes, and Improvements
Sec. 7141. Quadrennial homeland security review technical corrections.
Sec. 7142. Technical, conforming, and clerical amendments.
Sec. 7143. CISA technical corrections and improvements.
TITLE LXXII--GOVERNMENTAL AFFAIRS
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A--Improving Government for America's Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority
recommendations.
Subtitle B--Advancing American AI Act
Sec. 7221. Short title.
Sec. 7222. Purposes.
Sec. 7223. Definitions.
Sec. 7224. Principles and policies for use of artificial intelligence in
Government.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial
intelligence capabilities to demonstrate modernization
activities related to use cases.
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Subtitle C--Strategic EV Management
Sec. 7231. Short Title.
Sec. 7232. Definitions.
Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D--Congressionally Mandated Reports
Sec. 7241. Short title.
Sec. 7242. Definitions.
Sec. 7243. Establishment of online portal for congressionally mandated
reports.
Sec. 7244. Federal agency responsibilities.
Sec. 7245. Changing or removing reports.
Sec. 7246. Withholding of information.
Sec. 7247. Implementation.
Sec. 7248. Determination of budgetary effects.
TITLE LXXIII--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Subtitle A--Global Catastrophic Risk Management Act of 2022
Sec. 7301. Short title.
Sec. 7302. Definitions.
Sec. 7303. Assessment of global catastrophic risk.
Sec. 7304. Report required.
Sec. 7305. Enhanced catastrophic incident annex.
Sec. 7306. Validation of the strategy through an exercise.
Sec. 7307. Recommendations.
Sec. 7308. Reporting requirements.
Sec. 7309. Rules of construction.
Subtitle B--Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological
hazards and related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C--Other Matters
Sec. 7321. Crisis counseling assistance and training.
DIVISION H--WATER RESOURCES
TITLE LXXXI--WATER RESOURCES DEVELOPMENT ACT OF 2022
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Subtitle A--General Provisions
Sec. 8101. Federal breakwaters and jetties.
Sec. 8102. Emergency response to natural disasters.
Sec. 8103. Shoreline and riverbank protection and restoration mission.
Sec. 8104. Floodplain management services.
Sec. 8105. Public recreational amenities in ecosystem restoration
projects.
Sec. 8106. Scope of feasibility studies.
Sec. 8107. Water supply conservation.
Sec. 8108. Managed aquifer recharge study and working group.
Sec. 8109. Updates to certain water control manuals.
Sec. 8110. National coastal mapping study.
Sec. 8111. Tribal partnership program.
Sec. 8112. Tribal Liaison.
Sec. 8113. Tribal assistance.
Sec. 8114. Cost sharing provisions for the territories and Indian
Tribes.
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory
Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities;
outreach.
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.
Sec. 8120. Technical assistance for levee inspections.
Sec. 8121. Assessment of Corps of Engineers levees.
Sec. 8122. National low-head dam inventory.
Sec. 8123. Expediting hydropower at Corps of Engineers facilities.
Sec. 8124. Reserve component training at water resources development
projects.
Sec. 8125. Payment of pay and allowances of certain officers from
appropriation for improvements.
Sec. 8126. Maintenance dredging permits.
Sec. 8127. Environmental dredging.
Sec. 8128. Assessment of regional confined aquatic disposal facilities.
Sec. 8129. Studies for periodic nourishment.
Sec. 8130. Beneficial use of dredged material; management plans.
Sec. 8131. Criteria for funding operation and maintenance of small,
remote, and subsistence harbors.
Sec. 8132. Additional projects for underserved community harbors.
Sec. 8133. Inland waterways regional dredge pilot program.
Sec. 8134. NEPA reporting.
Sec. 8135. Funding to process permits.
Sec. 8136. Lease durations.
Sec. 8137. Reforestation.
Sec. 8138. Emergency streambank and shoreline protection.
Sec. 8139. Lease deviations.
Sec. 8140. Policy and technical standards.
Sec. 8141. Corps records relating to harmful algal blooms in Lake
Okeechobee, Florida.
Sec. 8142. Forecasting models for the Great Lakes.
Sec. 8143. Monitoring and assessment program for saline lakes in the
Great Basin.
Sec. 8144. Chattahoochee River program.
Sec. 8145. Lower Mississippi River Basin demonstration program.
Sec. 8146. Washington Aqueduct.
Sec. 8147. Water infrastructure public-private partnership pilot
program.
Sec. 8148. Advance payment in lieu of reimbursement for certain Federal
costs.
Sec. 8149. Use of other Federal funds.
Sec. 8150. Non-Federal Interest Advisory Committee.
Sec. 8151. Materials, services, and funds for repair, restoration, or
rehabilitation of certain public recreation facilities.
Sec. 8152. Rehabilitation of pump stations.
Sec. 8153. Report to Congress on Corps of Engineers reservoirs.
Sec. 8154. Temporary relocation assistance pilot program.
Sec. 8155. Continuation of construction.
Sec. 8156. Federal interest determination.
Sec. 8157. Inland waterway projects.
Sec. 8158. Corps of Engineers Western Water Cooperative Committee.
Sec. 8159. Support of Army civil works missions.
Sec. 8160. Civil works research and development.
Sec. 8161. Sense of Congress on operations and maintenance of recreation
sites.
Sec. 8162. Sense of Congress relating to post-disaster repairs.
Subtitle B--Studies and Reports
Sec. 8201. Authorization of proposed feasibility studies.
Sec. 8202. Expedited completion.
Sec. 8203. Expedited modifications of existing feasibility studies.
Sec. 8204. Corps of Engineers reservoir sedimentation assessment.
Sec. 8205. Report and recommendations on dredge capacity.
Sec. 8206. Assessment of impacts from changing operation and maintenance
responsibilities.
Sec. 8207. Maintenance dredging data.
Sec. 8208. Western infrastructure study.
Sec. 8209. Recreation and economic development at Corps facilities in
Appalachia.
Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.
Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek,
California.
Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.
Sec. 8213. Excess lands report for Whittier Narrows Dam, California.
Sec. 8214. Comprehensive central and southern Florida study.
Sec. 8215. Northern estuaries ecosystem restoration, Florida.
Sec. 8216. Study on shellfish habitat and seagrass, Florida Central Gulf
Coast.
Sec. 8217. Report on South Florida ecosystem restoration plan
implementation.
Sec. 8218. Great Lakes recreational boating.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois
River.
Sec. 8220. Disposition study on hydropower in the Willamette Valley,
Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project,
Texas.
Sec. 8222. Sabine-Neches waterway navigation improvement project, Texas.
Sec. 8223. Norfolk Harbor and Channels, Virginia.
Sec. 8224. Coastal Virginia, Virginia.
Sec. 8225. West Virginia hydropower.
Sec. 8226. Electronic preparation and submission of applications.
Sec. 8227. Investments for recreation areas.
Sec. 8228. Automated fee machines.
Sec. 8229. Review of recreational hazards.
Sec. 8230. Assessment of coastal flooding mitigation modeling and
testing capacity.
Sec. 8231. Report on socially and economically disadvantaged small
business concerns.
Sec. 8232. Report on solar energy opportunities.
Sec. 8233. Report to Congress on economic valuation of preservation of
open space, recreational areas, and habitat associated with
project lands.
Sec. 8234. Report on corrosion prevention activities.
Sec. 8235. Report to Congress on easements related to water resources
development projects.
Sec. 8236. GAO studies.
Sec. 8237. Assessment of forest, rangeland, and watershed restoration
services on lands owned by the Corps of Engineers.
Subtitle C--Deauthorizations and Modifications
Sec. 8301. Deauthorization of inactive projects.
Sec. 8302. Watershed and river basin assessments.
Sec. 8303. Forecast-informed reservoir operations.
Sec. 8304. Lakes program.
Sec. 8305. Invasive species.
Sec. 8306. Maintenance of navigation channels.
Sec. 8307. Project reauthorizations.
Sec. 8308. Special rule for certain beach nourishment projects.
Sec. 8309. Columbia River Basin.
Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.
Sec. 8311. Acequias irrigation systems.
Sec. 8312. Port of Nome, Alaska.
Sec. 8313. St. George, Alaska.
Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.
Sec. 8315. Storm damage prevention and reduction, coastal erosion, and
ice and glacial damage, Alaska.
Sec. 8316. St. Francis Lake Control Structure.
Sec. 8317. South Platte River and Tributaries, Adams and Denver
Counties, Colorado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles
County Drainage Area, California.
Sec. 8321. Murrieta Creek, California.
Sec. 8322. Sacramento River Basin, California.
Sec. 8323. San Diego River and Mission Bay, San Diego County,
California.
Sec. 8324. Additional assistance for Eastern Santa Clara Basin,
California.
Sec. 8325. San Francisco Bay, California.
Sec. 8326. South San Francisco Bay Shoreline, California.
Sec. 8327. Delaware shore protection and restoration.
Sec. 8328. St. Johns River Basin, Central and Southern Florida.
Sec. 8329. Little Pass, Clearwater Bay, Florida.
Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.
Sec. 8331. Palm Beach Harbor, Florida.
Sec. 8332. Port Everglades, Florida.
Sec. 8333. South Florida Ecosystem Restoration Task Force.
Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 8335. Little Wood River, Gooding, Idaho.
Sec. 8336. Chicago shoreline protection.
Sec. 8337. Great Lakes and Mississippi River Interbasin project, Brandon
Road, Will County, Illinois.
Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 8339. City of El Dorado, Kansas.
Sec. 8340. Algiers Canal Levees, Louisiana.
Sec. 8341. Mississippi River Gulf Outlet, Louisiana.
Sec. 8342. Camp Ellis, Saco, Maine.
Sec. 8343. Lower Mississippi River comprehensive management study.
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
Sec. 8346. Water level management on the Upper Mississippi River and
Illinois Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North
Kansas Levees units, Missouri River and tributaries at Kansas
Cities, Missouri and Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation
and demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa,
and Nebraska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New
Mexico.
Sec. 8356. Ecosystem restoration, Hudson-Raritan Estuary, New York and
New Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement
costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D--Water Resources Infrastructure
Sec. 8401. Project authorizations.
Sec. 8402. Special rules.
Sec. 8403. Facility investment.
TITLE LXXXV--CLEAN WATER
Sec. 8501. Regional water programs.
Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
DIVISION I--DEPARTMENT OF STATE AUTHORIZATIONS
Sec. 9001. Short title.
Sec. 9002. Definitions.
TITLE XCI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 9101. Modernizing the Bureau of Arms Control, Verification, and
Compliance and the Bureau of International Security and
Nonproliferation.
Sec. 9102. Notification to Congress for United States nationals
unlawfully or wrongfully detained abroad.
Sec. 9103. Family Engagement Coordinator.
Sec. 9104. Rewards for Justice.
Sec. 9105. Ensuring geographic diversity and accessibility of passport
agencies.
Sec. 9106. Cultural Antiquities Task Force.
Sec. 9107. Office of Sanctions Coordination.
Sec. 9108. Sense of Congress and strategic plan regarding the Department
of State's Unit for Subnational Diplomacy.
TITLE XCII--PERSONNEL ISSUES
Sec. 9201. Department of State paid Student Internship Program.
Sec. 9202. Improvements to the prevention of, and the response to,
harassment, discrimination, sexual assault, and related
retaliation.
Sec. 9203. Increasing the maximum amount authorized for science and
technology fellowship grants and cooperative agreements.
Sec. 9204. Additional personnel to address backlogs in hiring and
investigations.
Sec. 9205. Foreign affairs training.
Sec. 9206. Facilitation and encouragement of training and professional
development for Foreign Service and Civil Service personnel.
Sec. 9207. Security clearance approval process.
Sec. 9208. Addendum for study on foreign service allowances.
Sec. 9209. Curtailments, removals from post, and waivers of privileges
and immunities.
Sec. 9210. Report on worldwide availability.
Sec. 9211. Professional development.
Sec. 9212. Management assessments at diplomatic and consular posts.
Sec. 9213. Independent review of promotion policies.
Sec. 9214. Third party verification of permanent change of station (PCS)
orders.
Sec. 9215. Post-employment restrictions on Senate-confirmed officials at
the Department of State.
Sec. 9216. Expansion of authorities regarding special rules for certain
monthly workers' compensation payments and other payments.
Sec. 9217. Report on pilot program for lateral entry into the Foreign
Service.
Sec. 9218. Report on changes to the Foreign Service Officer test.
Sec. 9219. Dignity for people with disabilities serving in the Foreign
Service.
Sec. 9220. Expanding scope of fellowship programs to include civil
servants.
TITLE XCIII--EMBASSY SECURITY AND CONSTRUCTION
Sec. 9301. Amendments to Secure Embassy Construction and
Counterterrorism Act of 1999.
Sec. 9302. Diplomatic support and security.
Sec. 9303. Establishment of United States embassies in Solomon Islands,
Kiribati, and Tonga and a diplomatic presence in Vanuatu.
TITLE XCIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 9401. Report on barriers to applying for employment with the
Department of State.
Sec. 9402. Collection, analysis, and dissemination of workforce data.
Sec. 9403. Centers of Excellence in Foreign Affairs and Assistance.
Sec. 9404. Promoting transparency and accountability in the Department
of State workforce.
Sec. 9405. Rule of construction.
TITLE XCV--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 9501. United States international cyberspace policy.
Sec. 9502. Bureau of Cyberspace and Digital Policy.
Sec. 9503. International cyberspace and digital policy strategy.
Sec. 9504. Government Accountability Office report on cyber diplomacy.
Sec. 9505. Report on diplomatic programs to detect and respond to cyber
threats against allies and partners.
Sec. 9506. Cybersecurity recruitment and retention.
Sec. 9507. Short course on emerging technologies for senior officials.
Sec. 9508. Establishment and expansion of Regional Technology Officer
Program.
Sec. 9509. Vulnerability disclosure policy and bug bounty program
report.
TITLE XCVI--PUBLIC DIPLOMACY
Sec. 9601. United States participation in international fairs and
expositions.
Sec. 9602. Under Secretary for Public Diplomacy and Public Affairs.
Sec. 9603. Report on public diplomacy.
Sec. 9604. Promoting peace, education, and cultural exchange through
music diplomacy.
TITLE XCVII--OTHER MATTERS
Sec. 9701. Supporting the employment of United States citizens by
international organizations.
Sec. 9702. Increasing housing availability for certain employees
assigned to the United States Mission to the United Nations.
Sec. 9703. Limitation on United States contributions to peacekeeping
operations not authorized by the United Nations Security
Council.
Sec. 9704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia,
the Middle East Broadcasting Networks, and the Open Technology
Fund.
Sec. 9705. Broadcasting entities no longer required to consolidate into
a single private, nonprofit corporation.
Sec. 9706. International broadcasting activities.
Sec. 9707. Global internet freedom.
Sec. 9708. Arms Export Control Act alignment with the Export Control
Reform Act.
Sec. 9709. Increasing the maximum annual lease payment available without
approval by the Secretary.
Sec. 9710. Report on United States access to critical mineral resources
abroad.
Sec. 9711. Overseas United States strategic infrastructure development
projects.
Sec. 9712. Provision of parking services and retention of parking fees.
Sec. 9713. Diplomatic reception areas.
Sec. 9714. Return of supporting documents for passport applications
through United States Postal Service certified mail.
Sec. 9715. Report on distribution of personnel and resources related to
ordered departures and post closures.
Sec. 9716. Elimination of obsolete reports.
Sec. 9717. Locality pay for Federal employees working overseas under
Domestic Employee Teleworking Overseas agreements.
Sec. 9718. Report on countering the activities of malign actors.
TITLE XCVIII--EXTENSION OF AUTHORITIES
Sec. 9801. Diplomatic facilities.
Sec. 9802. Extension of existing authorities.
Sec. 9803. Commission on Reform and Modernization of the Department of
State.
DIVISION J--OCEANS AND ATMOSPHERE
Sec. 10000. Table of contents.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B--United States Coral Reef Task Force
Sec. 10011. Establishment.
Sec. 10012. Duties.
Sec. 10013. Membership.
Sec. 10014. Responsibilities of Federal agency members.
Sec. 10015. Working groups.
Sec. 10016. Definitions.
Subtitle C--Department of the Interior Coral Reef Authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management Fellowship.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.
Sec. 10102. Definitions.
Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
Sec. 10301. Findings.
Sec. 10302. Definitions.
Sec. 10303. Ocean Policy Committee.
Sec. 10304. National Ocean Mapping, Exploration, and Characterization
Council.
Sec. 10305. Modifications to the ocean exploration program of the
National Oceanic and Atmospheric Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the
National Oceanic and Atmospheric Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of
1998.
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 10401. Data collection and dissemination.
Sec. 10402. Stranding or entanglement response agreements.
Sec. 10403. Unusual mortality event activity funding.
Sec. 10404. Liability.
Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 10407. Health MAP.
Sec. 10408. Reports to Congress.
Sec. 10409. Authorization of appropriations.
Sec. 10410. Definitions.
Sec. 10411. Study on marine mammal mortality.
TITLE CV--VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and
Monitoring System.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.
DIVISION K--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
TITLE CXI--AUTHORIZATIONS
Sec. 11101. Authorization of appropriations.
Sec. 11102. Authorized levels of military strength and training.
Sec. 11103. Authorization for certain programs and services.
Sec. 11104. Availability of amounts for acquisition of additional
vessels.
Sec. 11105. Shoreside infrastructure and facilities.
Sec. 11106. Coast Guard yard resilient infrastructure and construction
improvement.
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
Sec. 11201. Report on shoreside infrastructure and facilities projects.
Sec. 11202. Report and briefing on resourcing strategy for Western
Pacific region.
Sec. 11203. Study and report on national security and drug trafficking
threats in Florida Straits, Cuba, and Caribbean region.
Sec. 11204. Coast Guard Yard.
Sec. 11205. Authority to enter into transactions other than contracts
and grants to procure cost-effective technology for mission
needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E-LORAN.
Subtitle B--Great Lakes
Sec. 11212. Great Lakes winter commerce.
Sec. 11213. Database on icebreaking operations in Great Lakes.
Sec. 11214. Center of expertise for Great Lakes oil spill search and
response.
Sec. 11215. Great Lakes snowmobile acquisition plan.
Sec. 11216. Great Lakes barge inspection exemption.
Sec. 11217. Study on sufficiency of Coast Guard aviation assets to meet
mission demands.
Subtitle C--Arctic
Sec. 11218. Establishment of medium icebreaker program office.
Sec. 11219. Arctic activities.
Sec. 11220. Study on Arctic operations and infrastructure.
Sec. 11221. Pribilof Island transition completion actions.
Sec. 11222. Report on shipyards of Finland and Sweden.
Sec. 11223. Acquisition of icebreaker.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous
control and computer vision technology project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine
transportation system.
Subtitle E--Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program
authorization and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft
and strategy for Coast Guard Aviation.
Subtitle F--Workforce Readiness
Sec. 11234. Authorized strength.
Sec. 11235. Continuation of officers with certain critical skills on
active duty.
Sec. 11236. Number and distribution of officers on active duty promotion
list.
Sec. 11237. Career incentive pay for marine inspectors.
Sec. 11238. Expansion of ability for selection board to recommend
officers of particular merit for promotion.
Sec. 11239. Modification to education loan repayment program.
Sec. 11240. Retirement of Vice Commandant.
Sec. 11241. Report on resignation and retirement processing times and
denial.
Sec. 11242. Calculation of active service.
Sec. 11243. Physical Disability Evaluation System procedure review.
Sec. 11244. Expansion of authority for multirater assessments of certain
personnel.
Sec. 11245. Promotion parity.
Sec. 11246. Partnership program to diversify Coast Guard.
Sec. 11247. Expansion of Coast Guard Junior Reserve Officers' Training
Corps.
Sec. 11248. Improving representation of women and racial and ethnic
minorities among Coast Guard active-duty members.
Sec. 11249. Strategy to enhance diversity through recruitment and
accession.
Sec. 11250. Support for Coast Guard Academy.
Sec. 11251. Training for congressional affairs personnel.
Sec. 11252. Strategy for retention of cuttermen.
Sec. 11253. Study on performance of Coast Guard Force Readiness Command.
Sec. 11254. Study on frequency of weapons training for Coast Guard
personnel.
Subtitle G--Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and
facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at
Port Mansfield.
Sec. 11266. Procurement of tethered aerostat radar system for Coast
Guard Station South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities
associated with Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards; testing
for fentanyl during interdiction operations.
Sec. 11269. Public availability of information on monthly migrant
interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H--Sexual Assault and Sexual Harassment Response and Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit
transfers by persons who report being the victim of sexual
assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims' Counsel program.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
Sec. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and
port operations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound
region.
Sec. 11305. Monitoring ocean soundscapes.
Subtitle B--Oil Spills
Sec. 11306. Report on changing salvors.
Sec. 11307. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 11308. Improving oil spill preparedness.
Sec. 11309. Western Alaska oil spill planning criteria.
Sec. 11310. Coast Guard claims processing costs.
Sec. 11311. Calculation of interest on debt owed to national pollution
fund.
Sec. 11312. Per-incident limitation.
Sec. 11313. Access to Oil Spill Liability Trust Fund.
Sec. 11314. Cost-reimbursable agreements.
Sec. 11315. Oil spill response review.
Sec. 11316. Additional exceptions to regulations for towing vessels.
Sec. 11317. Port Coordination Council for Point Spencer.
Subtitle C--Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and
recreational fisheries from development of renewable energy on
West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking
fishing gear.
Subtitle D--Environmental Issues
Sec. 11321. Notification of communication outages.
Sec. 11322. Improvements to communication with fishing industry and
related stakeholders.
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust
Fund administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase
energy production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.
Chapter 1--Combating Human Trafficking Through Seafood Import Monitoring
Sec. 11330. Enhancement of Seafood Import Monitoring Program Message Set
in Automated Commercial Environment system.
Sec. 11331. Data sharing and aggregation.
Sec. 11332. Import audits.
Sec. 11333. Availability of fisheries information.
Sec. 11334. Report on Seafood Import Monitoring Program.
Sec. 11335. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management To Combat
Human Trafficking
Sec. 11336. Denial of port privileges.
Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
Sec. 11401. Coast Guard child care improvements.
Sec. 11402. Armed Forces access to Coast Guard child development
services.
Sec. 11403. Cadet pregnancy policy improvements.
Sec. 11404. Combat-related special compensation.
Sec. 11405. Study on food security.
Subtitle B--Healthcare
Sec. 11406. Development of medical staffing standards for Coast Guard.
Sec. 11407. Healthcare system review and strategic plan.
Sec. 11408. Data collection and access to care.
Sec. 11409. Behavioral health policy.
Sec. 11410. Members asserting post-traumatic stress disorder or
traumatic brain injury.
Sec. 11411. Improvements to Physical Disability Evaluation System and
transition program.
Sec. 11412. Expansion of access to counseling.
Sec. 11413. Expansion of postgraduate opportunities for members of Coast
Guard in medical and related fields.
Sec. 11414. Study on Coast Guard medical facilities needs.
Sec. 11415. Study on Coast Guard telemedicine program.
Subtitle C--Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted
members of Coast Guard in Key West, Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized
housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D--Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast Guard
personnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment plan.
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
Sec. 11501. Responses to safety recommendations.
Sec. 11502. Requirements for DUKW amphibious passenger vessels.
Sec. 11503. Exoneration and limitation of liability for small passenger
vessels.
Sec. 11504. At-sea recovery operations pilot program.
Sec. 11505. Historic wood sailing vessels.
Sec. 11506. Certificates of numbers for undocumented vessels.
Sec. 11507. Comptroller General review and report on Coast Guard
oversight of third-party organizations.
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B--Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant
mariner credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Subtitle C--Other Matters
Sec. 11516. Nonoperating individual.
Sec. 11517. Oceanographic research vessels.
Sec. 11518. Port access routes briefing.
Sec. 11519. Definition of stateless vessel.
Sec. 11520. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Sec. 11521. Report on securing vessels and cargo.
Sec. 11522. Report on enforcement of coastwise laws.
Sec. 11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 11524. Prohibition on entry and operation.
Sec. 11525. Floating dry docks.
Sec. 11526. Updated requirements for fishing crew agreements.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for
suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration Commissioned
Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and
weather reconnaissance and research mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B--Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and
Atmospheric Administration in Juneau, Alaska.
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 11801. Terms and vacancies.
Sec. 11802. Passenger vessel security and safety requirements.
Sec. 11803. Technical corrections.
Sec. 11804. Transportation worker identification credential technical
amendments.
Sec. 11805. Reinstatement.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on the conference report
or amendment between the Houses.
SEC. 5. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about December 7, 2022, by
the Chairman of the Committee on Armed Services of the House of
Representatives and the Chairman of the Committee on Armed Services of
the Senate, shall have the same effect with respect to the
implementation of this Act as if it were a joint explanatory statement
of a committee of conference.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery
howitzers.
Subtitle C--Navy Programs
Sec. 121. Requirements relating to EA-18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet
configuration of E-6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH-53K heavy lift helicopter
program.
Sec. 128. Procurement authorities for John Lewis-class fleet
replenishment oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer
program.
Sec. 131. Tomahawk and Standard Missile-6 capability on FFG-62 class
vessels.
Sec. 132. Report on advance procurement for CVN-82 and CVN-83.
Sec. 133. Quarterly briefings on the CH-53K King Stallion helicopter
program.
Subtitle D--Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the
combat air forces.
Sec. 142. Inventory and other requirements relating to air refueling
tanker aircraft.
Sec. 143. Requirements relating to F-22 aircraft.
Sec. 144. Modification of exception to prohibition on certain reductions
to B-1 bomber aircraft squadrons.
Sec. 145. Repeal of Air Force E-8C force presentation requirement.
Sec. 146. Minimum inventory of C-130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C-40
aircraft.
Sec. 148. Prohibition on availability of funds for termination of
production lines for HH-60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E-3 airborne
warning and control system aircraft.
Sec. 150. Limitation on divestment of F-15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T-38A
aircraft.
Sec. 152. Procurement authority for digital mission operations platform
for the Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and
rescue mission of the Air Force.
Sec. 155. Plan for transfer of KC-135 aircraft to the Air National
Guard.
Sec. 156. Annual reports on T-7A Advanced Pilot Training System.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use
parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter
threats posed by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft
industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the
propulsion, power, and thermal management systems of F-35
aircraft.
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for procurement for the Army, the Navy and the Marine Corps, the Air
Force and the Space Force, and Defense-wide activities, as specified in
the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. LIMITATIONS ON PRODUCTION OF EXTENDED RANGE CANNON
ARTILLERY HOWITZERS.
(a) Limitations.--In carrying out the acquisition of Extended Range
Cannon Artillery howitzers, the Secretary of the Army shall--
(1) limit production of prototype Extended Range Cannon
Artillery howitzers to not more than 20;
(2) compare the cost and value to the United States Government
of a Paladin Integrated Management-modification production approach
with a new-build production approach;
(3) include in any cost analysis or comparison--
(A) the monetary value of a Paladin howitzer that may be
modified to produce an Extended Range Cannon Artillery
howitzer; and
(B) the monetary value of leveraging government-owned
infrastructure to facilitate the modification;
(4) use a full and open competitive approach using best value
criteria for post-prototype production source selection; and
(5) base any production strategy and source selection decisions
on a full understanding of the cost of production, including--
(A) the comparison of production approaches described in
paragraph (2); and
(B) any cost analysis or comparison described in paragraph
(3).
(b) Certification.--Before issuing a request for proposal for the
post-prototype production of an Extended Range Cannon Artillery
howitzer, the Secretary of the Army shall--
(1) certify to the congressional defense committees that the
acquisition strategy upon which the request for proposal is based
complies with the requirements of subsection (a); and
(2) provide to the congressional defense committees a briefing
on that acquisition strategy and the relevant cost and value
comparison described in subsection (a)(2).
(c) Inclusion of Certain Information in Budget Materials.--The
Secretary of the Army shall ensure that the cost of procuring Paladin
howitzers to be modified for post-prototype production of Extended
Range Cannon Artillery howitzers is included--
(1) in the materials relating to the Extended Range Cannon
Artillery program submitted in support of the budget of the
President (as submitted to Congress under section 1105(a) of title
31, United States Code) for each fiscal year in which such program
is carried out; and
(2) in any budget briefings concerning such program.
Subtitle C--Navy Programs
SEC. 121. REQUIREMENTS RELATING TO EA-18G AIRCRAFT OF THE NAVY.
(a) Limitations and Minimum Inventory Requirements.--Section 8062
of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f)(1)(A) During the period beginning on the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2023 and ending on September 30, 2027, the Secretary of the Navy may
not--
``(i) retire an EA-18G aircraft;
``(ii) reduce funding for unit personnel or weapon
system sustainment activities for EA-18G aircraft in a
manner that presumes future congressional authority to
divest such aircraft;
``(iii) place an EA-18G aircraft in active storage
status or inactive storage status; or
``(iv) keep an EA-18G aircraft in a status considered
excess to the requirements of the possessing command and
awaiting disposition instructions.
``(B) The prohibition under subparagraph (A) shall not apply to
individual EA-18G aircraft that the Secretary of the Navy
determines, on a case-by-case basis, to be no longer mission
capable and uneconomical to repair because of aircraft accidents or
mishaps.
``(2)(A) The Secretary of the Navy shall maintain a total aircraft
inventory of EA-18G aircraft of not less than 158 aircraft, of which
not less than 126 aircraft shall be coded as primary mission aircraft
inventory.
``(B) The Secretary of the Navy may reduce the number of EA-18G
aircraft in the inventory of the Navy below the minimum number
specified in subparagraph (A) if the Secretary determines, on a case-
by-case basis, that an aircraft is no longer mission capable and
uneconomical to repair because of aircraft accidents or mishaps.
``(C) In this paragraph, the term `primary mission aircraft
inventory' means aircraft assigned to meet the primary aircraft
authorization--
``(i) to a unit for the performance of its wartime mission;
``(ii) to a training unit for technical and specialized
training for crew personnel or leading to aircrew qualification;
``(iii) to a test unit for testing of the aircraft or its
components for purposes of research, development, test, and
evaluation, operational test and evaluation, or to support testing
programs; or
``(iv) to meet requirements for missions not otherwise
specified in clauses (i) through (iii).''.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy and the Secretary of
the Air Force shall jointly submit to the congressional defense
committees a report that includes a strategy and execution plan for
continuously and effectively meeting the airborne electronic attack
training and combat requirements of the joint force. At a minimum, the
strategy and execution plan shall provide for--
(1) the integration and utilization of both reserve and active
duty component forces and resources within the Department of the
Navy and the Department of the Air Force; and
(2) the establishment or continuation of one or more joint
service expeditionary, land-based electronic attack squadrons that
equal or exceed the capacity and capability of such squadrons in
effect as of the date of the enactment of this Act.
SEC. 122. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT SPECIAL
INCENTIVE.
(a) In General.--Chapter 863 of title 10, United States Code, is
amended by adding at the end the following new section:
``SEC. 8696. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT SPECIAL INCENTIVE.
``(a) Requirement.--
``(1) In general.--The Secretary of the Navy shall include in
any solicitation for a covered contract a special incentive for
workforce development that funds one or more workforce development
activities described in subsection (c).
``(2) Amount of special incentive.--The amount of a special
incentive required under subsection (a)(1) shall be equal to not
less than one quarter of one percent and not more than one percent
of the estimated cost of the covered contract.
``(3) Waiver.--
``(A) In general.--The Secretary of the Navy may waive one
or more of the requirements of this section if the Secretary
determines--
``(i) unreasonable cost or delay would be incurred by
complying with such requirements;
``(ii) existing workforce development initiatives are
sufficient to meet workforce needs;
``(iii) there are minimal workforce development issues
to be addressed; or
``(iv) it is not in the national security interests of
the United States to comply with such requirements.
``(B) Notice to congress.--Not less than 30 days prior to
issuing a waiver under subparagraph (A), the Secretary of the
Navy shall submit to the congressional defense committees
written notice of the intent of the Secretary to issue such a
waiver. Such notice shall specify the basis for such waiver and
include a detailed explanation of the reasons for issuing the
waiver.
``(b) Matching Contribution Requirement.--
``(1) In general.--Funds for a special incentive for workforce
development required under subsection (a)(1) may be expended only--
``(A) on or after the date on which the service acquisition
executive of the Navy receives a written commitment from one or
more entities described in paragraph (2) of separate and
distinct cumulative monetary contributions to be made on or
after the date of such commitment for workforce development;
and
``(B) in an amount that is equal to the aggregate amount of
all monetary contributions from entities that made commitments
under subparagraph (A) not to exceed the amount of funding made
available for the special incentive under subsection (a)(2).
``(2) Entities described.--The entities described in this
paragraph are the following:
``(A) The prime contractor that was awarded a covered
contract.
``(B) A qualified subcontractor.
``(C) A State government or other State entity.
``(D) A county government or other county entity.
``(E) A local government or other local entity.
``(F) An industry association, organization, or consortium
that directly supports workforce development.
``(3) Special rule.--In a case in which the aggregate amount of
all monetary contributions from entities that made commitments
under paragraph (1)(A) is less than the minimum amount specified
for the special incentive under subsection (a)(2), funds for the
special incentive may be expended in an amount equal to such lesser
amount.
``(c) Authorized Activities.--
``(1) In general.--Funds for a special incentive for workforce
development required under subsection (a)(1) may be obligated or
expended only to provide for the activities described in paragraph
(2) in support of the production and production support workforce
of the prime contractor concerned or a qualified subcontractor
concerned.
``(2) Activities described.--The activities described in this
paragraph are the following:
``(A) The creation of short- and long-term workforce
housing, transportation, and other support services to
facilitate attraction, relocation, and retention of workers.
``(B) The expansion of local talent pipeline programs for
both new and existing workers.
``(C) Investments in long-term outreach in middle school
and high school programs, specifically career and technical
education programs, to promote and develop manufacturing
skills.
``(D) The development or modification of facilities for the
primary purpose of workforce development.
``(E) Payment of direct costs attributable to workforce
development.
``(F) Attraction and retention bonus programs.
``(G) On-the-job training to develop key manufacturing
skills.
``(d) Approval Requirement.--The service acquisition executive of
the Navy shall--
``(1) provide the final approval of the use of funds for a
special incentive for workforce development required under
subsection (a)(1); and
``(2) not later than 30 days after the date on which such
approval is provided, certify to the congressional defense
committees compliance with the requirements of subsections (b) and
(c), including--
``(A) a detailed explanation of such compliance; and
``(B) the associated benefits to--
``(i) the Federal Government; and
``(ii) the shipbuilding industrial base of the Navy.
``(e) Definitions.--In this section:
``(1) The term `covered contract' means a prime contract for
the construction of a naval vessel funded using amounts
appropriated or otherwise made available for Shipbuilding and
Conversion, Navy.
``(2) The term `qualified subcontractor' means a subcontractor
that will deliver the vessel or vessels awarded under a covered
contract to the Navy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 863 of such title is amended by adding at the end the following
new item:
``8696. Navy shipbuilding workforce development special incentive.''.
(c) Applicability.--Section 8696 of title 10, United States Code,
as added by subsection (a), shall apply with respect to--
(1) a solicitation for a covered contract (as defined in
subsection (e) of that section) made on or after June 1, 2023; and
(2) a solicitation or award of a covered contract, if otherwise
determined appropriate by the Secretary of the Navy.
SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR
NAVY PORT WATERBORNE SECURITY BARRIERS.
(a) In General.--Subsection (a) of section 130 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1665), as most recently amended by section 122
of the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 135 Stat. 1570), is further amended by striking ``for
fiscal years 2019, 2020, 2021, or 2022'' and inserting ``for any of
fiscal years 2019 through 2023''.
(b) Technical Amendment.--Subsection (b)(4) of such section is
amended by striking ``section 2304'' and inserting ``sections 3201
through 3205''.
SEC. 124. LIMITATION ON AUTHORITY TO MODIFY CAPABILITIES AND FLEET
CONFIGURATION OF E-6B AIRCRAFT.
(a) Limitation.--Until the date on which the certification
described in subsection (b) is submitted to the congressional defense
committees, the Secretary of the Navy--
(1) may not retire, or prepare to retire, any E-6B aircraft;
(2) shall maintain the fleet of E-6B aircraft in the
configuration in effect as of the date of the enactment of this
Act; and
(3) shall ensure that E-6B aircraft continue to meet the
operational requirements of the combatant commands that are met by
such aircraft as of the date of the enactment of this Act.
(b) Certification Described.--The certification described in this
subsection is a written certification from the Chair of the Joint
Requirements Oversight Council indicating that the replacement
capability for the E-6B aircraft--
(1) will be fielded at the same time or before the retirement
of the first E-6B aircraft; and
(2) at the time such replacement capability achieves initial
operational capability, will have the ability to meet the
operational requirements of the combatant commands that have been,
or that are expected to be, assigned to such replacement
capability.
(c) Exception.--The requirements of subsection (a) shall not apply
to an individual E-6B aircraft otherwise required to be maintained by
that subsection if the Secretary of the Navy determines, on a case-by-
case basis, that such aircraft is no longer mission capable due to a
mishap or other damage.
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS
DESTROYERS.
(a) Authority for Multiyear Procurement.--Subject to section 3501
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts for the procurement of up to 15
Arleigh Burke class Flight III guided missile destroyers.
(b) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts, beginning in fiscal year 2023,
for advance procurement associated with the destroyers for which
authorization to enter into a multiyear procurement contract is
provided under subsection (a), and for systems and subsystems
associated with such destroyers in economic order quantities when cost
savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2023 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(d) Mandatory Inclusion of Pre-priced Option in Certain
Circumstances.--
(1) In general.--In the event the total base quantity of
destroyers to be procured through all contracts entered into under
subsection (a) is less than 15, the Secretary of the Navy shall
ensure that one or more of the contracts includes a pre-priced
option for the procurement of additional destroyers such that the
sum of such base quantity and the number of destroyers that may be
procured through the exercise of such options is equal to 15
destroyers.
(2) Definitions.--In this subsection:
(A) The term ``base quantity'' means the quantity of
destroyers to be procured under a contract entered into under
subsection (a) excluding any quantity of destroyers that may be
procured through the exercise of an option that may be part of
such contract.
(B) The term ``pre-priced option'' means a contract option
for a contract entered into under subsection (a) that, if
exercised, would allow the Secretary of the Navy to procure a
destroyer at a predetermined price specified in such contract.
(e) Limitation.--The Secretary of the Navy may not modify a
contract entered into under subsection (a) if the modification would
increase the target price of the destroyer by more than 10 percent
above the target price specified in the original contract for the
destroyer under subsection (a).
SEC. 126. PROCUREMENT AUTHORITY FOR SHIP-TO-SHORE CONNECTOR
PROGRAM.
(a) Contract Authority.--Beginning in fiscal year 2023, the
Secretary of the Navy may enter into one or more contracts for the
procurement of up to 25 Ship-to-Shore Connector class craft and
associated material.
(b) Liability.--Any contract entered into under subsection (a)
shall provide that--
(1) any obligation of the United States to make a payment under
the contract is subject to the availability of appropriations for
that purpose; and
(2) the total liability of the Federal Government for
termination of the contract shall be limited to the total amount of
funding obligated to the contract at the time of termination.
(c) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of the Navy certifies to the
congressional defense committees, in writing, not later than 30 days
before entry into the contract, each of the following, which shall be
prepared by the milestone decision authority for the Ship-to-Shore
Connector program:
(1) The use of such a contract is consistent with the Chief of
Naval Operations' projected force structure requirements for Ship-
to-Shore Connector class craft.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying out the
program through annual contracts. In certifying cost savings under
the preceding sentence, the Secretary shall include a written
explanation of--
(A) the estimated end cost and appropriated funds by fiscal
year, by craft, without the authority provided in subsection
(a);
(B) the estimated end cost and appropriated funds by fiscal
year, by craft, with the authority provided in subsection (a);
(C) the estimated cost savings or increase by fiscal year,
by craft, with the authority provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will request
funding for the contract at the level required to avoid contract
cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract authorized
under subsection (a) are realistic, including a description of the
basis for such estimates.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the contract
in such fiscal year.
(d) Milestone Decision Authority Defined.--In this section, the
term ``milestone decision authority'' has the meaning given that term
in section 4251(d) of title 10, United States Code.
SEC. 127. PROCUREMENT AUTHORITY FOR CH-53K HEAVY LIFT HELICOPTER
PROGRAM.
(a) Contract Authority.--During fiscal years 2023 and 2024, the
Secretary of the Navy may enter into one or more fixed-price contracts
for the procurement of airframes and engines in support of the CH-53K
heavy lift helicopter program (in this section referred to as the
``program'').
(b) Liability.--Any contract entered into under subsection (a)
shall provide that--
(1) any obligation of the United States to make a payment under
the contract is subject to the availability of appropriations for
that purpose; and
(2) the total liability of the Federal Government for
termination of the contract shall be limited to the total amount of
funding obligated to the contract at the time of termination.
(c) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of Defense certifies to the
congressional defense committees, in writing, not later than 30 days
before entry into the contract, each of the following, which shall be
prepared by the milestone decision authority (as defined in section
4251(d) of title 10, United States Code) for the program:
(1) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying out the
program through annual contracts. In certifying cost savings under
the preceding sentence, the Secretary shall include a written
explanation of--
(A) the estimated obligations and expenditures by fiscal
year for the program without the authority provided in
subsection (a);
(B) the estimated obligations and expenditures by fiscal
year for the program with the authority provided in subsection
(a);
(C) the estimated cost savings or increase by fiscal year
for the program with the authority provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(2) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of Defense will request
funding for the contract at the level required to avoid contract
cancellation.
(3) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(4) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract authorized
under subsection (a) are realistic.
(5) The use of such a contract will promote the national
security of the United States.
(6) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the contract
in such fiscal year, and the future-years defense program submitted
to Congress under section 221 of title 10, United States Code, for
such fiscal year will include the funding required to execute the
program without cancellation.
SEC. 128. PROCUREMENT AUTHORITIES FOR JOHN LEWIS-CLASS FLEET
REPLENISHMENT OILER SHIPS.
(a) Contract Authority.--
(1) Procurement authorized.--During fiscal years 2023 and 2024,
the Secretary of the Navy may enter into one or more contracts for
the procurement of not more than eight John Lewis-class fleet
replenishment oiler ships.
(2) Procurement in conjunction with existing contracts.--The
ships authorized to be procured under paragraph (1) may be procured
as additions to existing contracts covering the John Lewis-class
fleet replenishment oiler ship program.
(b) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of the Navy certifies to the
congressional defense committees, in writing, not later than 30 days
before entry into the contract, each of the following, which shall be
prepared by the milestone decision authority for the John Lewis-class
fleet replenishment oiler ship program:
(1) The use of such a contract is consistent with the
Department of the Navy's projected force structure requirements for
such ships.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying out the
program through annual contracts. In certifying cost savings under
the preceding sentence, the Secretary shall include a written
explanation of--
(A) the estimated end cost and appropriated funds by fiscal
year, by hull, without the authority provided in subsection
(a);
(B) the estimated end cost and appropriated funds by fiscal
year, by hull, with the authority provided in subsection (a);
(C) the estimated cost savings or increase by fiscal year,
by hull, with the authority provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will request
funding for the contract at the level required to avoid contract
cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract authorized
under subsection (a) are realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the contract
in such fiscal year, and the future-years defense program (as
defined under section 221 of title 10, United States Code) for such
fiscal year will include the funding required to execute the
program without cancellation.
(c) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts for advance procurement associated
with a ship or ships for which authorization to enter into a contract
is provided under subsection (a), and for systems and subsystems
associated with such ships in economic order quantities when cost
savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year is
subject to the availability of appropriations for that purpose for such
fiscal year.
(e) Milestone Decision Authority Defined.--In this section, the
term ``milestone decision authority'' has the meaning given that term
in section 4251(d) of title 10, United States Code.
SEC. 129. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS
SHIPBUILDING PROGRAMS.
(a) Contract Authority.--
(1) Procurement authorized.--The Secretary of the Navy may
enter into one or more contracts for the procurement of up to five
covered ships.
(2) Procurement in conjunction with existing contracts.--The
ships authorized to be procured under paragraph (1) may be procured
as additions to existing contracts covering programs for covered
ships.
(b) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of the Navy certifies to the
congressional defense committees, in writing, not later than 30 days
before entry into the contract, each of the following, which shall be
prepared by the milestone decision authority for the covered ship
program concerned:
(1) The use of such a contract is consistent with the
Commandant of the Marine Corps' projected force structure
requirements for amphibious ships.
(2) The use of such a contract will result in savings compared
to the total anticipated costs of carrying out the program through
annual contracts. In certifying cost savings under the preceding
sentence, the Secretary shall include a written explanation of--
(A) the estimated end cost and appropriated funds by fiscal
year, by hull, without the authority provided in subsection
(a);
(B) the estimated end cost and appropriated funds by fiscal
year, by hull, with the authority provided in subsection (a);
(C) the estimated cost savings or increase by fiscal year,
by hull, with the authority provided in subsection (a); and
(D) the contractual actions that will ensure the estimated
cost savings are realized.
(3) The Secretary of the Navy has a reasonable expectation that
throughout the contemplated contract period funding will be
available for the contract at the level required to avoid contract
cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract authorized
under subsection (a) are realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the contract
in such fiscal year.
(c) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts for advance procurement associated
with a ship or ships for which authorization to enter into a contract
is provided under subsection (a), and for systems and subsystems
associated with such ships in economic order quantities when cost
savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year is
subject to the availability of appropriations for that purpose for such
fiscal year.
(e) Termination.--The authority of the Secretary of the Navy to
enter into contracts under subsection (a) shall terminate on September
30, 2026.
(f) Definitions.--In this section:
(1) The term ``covered ship'' means a San Antonio-class or
America-class ship.
(2) The term ``milestone decision authority'' has the meaning
given that term in section 4251(d) of title 10, United States Code.
SEC. 130. CONTRACTS FOR DESIGN AND CONSTRUCTION OF THE DDG(X)
DESTROYER PROGRAM.
(a) In General.--If the milestone decision authority of the covered
program elects to use source selection procedures for the detailed
design and construction of the covered program other than those
specified in section 3201 of title 10, United States Code, the
Secretary of the Navy--
(1) with respect to prime contracts for concept design,
preliminary design, and contract design for the covered program--
(A) shall award such contracts to eligible shipbuilders;
and
(B) may award such contracts to other contractors;
(2) shall award prime contracts for detailed design and
construction for the covered program only to eligible shipbuilders;
and
(3) shall allocate only one vessel in the covered program to
each eligible shipbuilder that is awarded a prime contract under
paragraph (2).
(b) Collaboration Requirement.--The Secretary of the Navy shall
maximize collaboration among the Federal Government and eligible
shipbuilders throughout the design and development phases of the
covered program, including--
(1) using a common design tool; and
(2) sharing production lessons learned.
(c) Competitive Incentive Requirement.--The Secretary of the Navy
shall provide for competitive incentives for eligible shipbuilders and
other contractors throughout the design, development, and production
phases of the covered program, including the following:
(1) Allocation of design labor hours, provided that no eligible
shipbuilder has fewer than 30 percent of aggregate design labor
hours for any phase of vessel design for the covered program.
(2) Allocation of the lead ship in the covered program.
(3) To the maximum extent practicable, competitive
solicitations for vessel procurement under the covered program.
(d) Technology Maturation Requirements.--The Secretary of the Navy
shall incorporate into the acquisition strategy of the covered program
the requirements of the following:
(1) Section 131 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1237).
(2) Section 221 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1599).
(e) Transition Requirement.--The Secretary of the Navy shall ensure
that the transition from the Arleigh Burke-class destroyer program to
the covered program maintains predictable production workload for
eligible shipbuilders.
(f) Definitions.--In this section:
(1) The term ``covered program'' means the program of the
Department of the Navy to procure DDG(X) destroyer class vessels.
(2) The term ``eligible shipbuilder'' means a prime contractor
designated by the milestone decision authority to perform detailed
design and construction of the covered program.
(3) The term ``milestone decision authority'' has the meaning
given in section 4211 of title 10, United States Code.
SEC. 131. TOMAHAWK AND STANDARD MISSILE-6 CAPABILITY ON FFG-62
CLASS VESSELS.
Before the first deployment of the vessel designated FFG-63 and
that of each successive vessel in the FFG-62 class, the Secretary of
the Navy shall ensure that such vessel is capable of carrying and
employing Tomahawk and Standard Missile-6 missiles.
SEC. 132. REPORT ON ADVANCE PROCUREMENT FOR CVN-82 AND CVN-83.
(a) Report.--Not later than March 1, 2023, the Secretary of the
Navy shall submit to the congressional defense committees a report on
the plan of the Navy for advance procurement for the aircraft carriers
designated CVN-82 and CVN-83.
(b) Elements.--The report required by subsection (a) shall include
an assessment of--
(1) the value, cost, and feasibility of a two-year advance
procurement period under a single-carrier acquisition strategy;
(2) the value, cost, and feasibility of a three-year advance
procurement period under a single-carrier acquisition strategy;
(3) the value, cost, and feasibility of a two-year advance
procurement period under a two-carrier acquisition strategy;
(4) the value, cost, and feasibility of a three-year advance
procurement period under a two-carrier acquisition strategy; and
(5) the effect of a two-carrier acquisition strategy on force
development and fleet capability.
(c) Definitions.--In this section:
(1) The term ``single-carrier acquisition strategy'' means a
strategy for the procurement of the aircraft carriers designated
CVN-82 and CVN-83 pursuant to which each aircraft carrier is
procured separately under a different contract.
(2) The term ``two-carrier acquisition strategy'' means a
strategy for the procurement of the aircraft carriers designated
CVN-82 and CVN-83 pursuant to which both aircraft carriers are
procured together under one contract.
SEC. 133. QUARTERLY BRIEFINGS ON THE CH-53K KING STALLION
HELICOPTER PROGRAM.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and on a quarterly basis thereafter through the
end of fiscal year 2024, the Secretary of the Navy shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the progress of the CH-53K King Stallion
helicopter program.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the CH-53K King Stallion helicopter program, the
following:
(1) An overview of the program schedule.
(2) A statement of the total cost of the program as of the date
of the briefing, including the cost of development, testing, and
production.
(3) A comparison of the total cost of the program relative to
the original acquisition program baseline and the most recently
approved acquisition program baseline as of the date of the
briefing.
(4) An assessment of the flight testing that remains to be
conducted under the program, including any testing required for
validation of correction of technical deficiencies.
(5) An update on the status of the correction of technical
deficiencies under the program and any effects on the program
schedule resulting from the discovery and correction of such
deficiencies.
(c) Conforming Repeal.--Section 132 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1238) is repealed.
Subtitle D--Air Force Programs
SEC. 141. MODIFICATION OF INVENTORY REQUIREMENTS FOR AIRCRAFT OF
THE COMBAT AIR FORCES.
(a) Total Fighter Aircraft Inventory Requirements.--Section
9062(i)(1) of title 10, United States Code, is amended by striking
``1,970'' and inserting ``1,800''.
(b) A-10 Minimum Inventory Requirements.--
(1) Section 134(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2038) is
amended by striking ``171'' and inserting ``153''.
(2) Section 142(b)(2) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 755) is amended
by striking ``171'' and inserting ``153''.
(c) Modification of Limitation on Availability of Funds for
Destruction of A-10 Aircraft in Storage Status.--Section 135(a) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2039) is amended by striking ``the report required
under section 134(e)(2)'' and inserting ``a report that includes the
information described in section 134(e)(2)(C)''.
SEC. 142. INVENTORY AND OTHER REQUIREMENTS RELATING TO AIR
REFUELING TANKER AIRCRAFT.
(a) Minimum Inventory Requirement for Air Refueling Tanker
Aircraft.--Section 9062(j) of title 10, United States Code, is
amended--
(1) by striking ``effective October 1, 2019,''; and
(2) by striking ``479'' each place it appears and inserting
``466''.
(b) Repeal of Limitation on Retirement of KC-135 Aircraft.--Section
137 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1576) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively.
(c) Minimum Number of Air Refueling Tanker Aircraft in PMAI of the
Air Force.--Section 135(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134
Stat. 3431) is amended by striking ``412'' and inserting ``400''.
(d) Prohibition on Reduction of KC-135 Aircraft in PMAI of the
Reserve Components.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2023 for the Air Force may be obligated or expended to reduce,
by more than 12 aircraft, the number of KC-135 aircraft designated
as primary mission aircraft inventory within the reserve components
of the Air Force.
(2) Primary mission aircraft inventory defined.--In this
subsection, the term ``primary mission aircraft inventory'' has the
meaning given that term in section 9062(i)(2)(B) of title 10,
United States Code.
SEC. 143. REQUIREMENTS RELATING TO F-22 AIRCRAFT.
(a) Limitations and Minimum Inventory Requirements.--Section 9062
of title 10, United States Code, is amended by adding at the end the
following new subsection:
``(k)(1) During the period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2023 and
ending on September 30, 2027, the Secretary of the Air Force may not--
``(A) retire an F-22 aircraft;
``(B) reduce funding for unit personnel or weapon system
sustainment activities for F-22 aircraft in a manner that presumes
future congressional authority to divest such aircraft;
``(C) keep an F-22 aircraft in a status considered excess to
the requirements of the possessing command and awaiting disposition
instructions (commonly referred to as `XJ' status); or
``(D) decrease the total aircraft inventory of F-22 aircraft
below 184 aircraft.
``(2) The prohibition under paragraph (1) shall not apply to
individual F-22 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
and uneconomical to repair because of aircraft accidents, mishaps, or
excessive material degradation and non-airworthiness status of certain
aircraft.''.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit
to the congressional defense committees a report that includes a
strategy and execution plan, approved by the Secretary, for
conducting formal training for F-22 aircrews to ensure that combat
capability, capacity, and availability at all F-22 operational
units is not degraded.
(2) Elements.--The strategy and execution plan under paragraph
(1) shall--
(A) address how the Air Force will avoid--
(i) diminishing the combat effectiveness of all block
variants of F-22 aircraft;
(ii) exacerbating F-22 aircraft availability concerns;
and
(iii) complicating F-22 aircraft squadron maintenance
operations; and
(B) include the plan of the Secretary for--
(i) the basing of 184 F-22 aircraft; and
(ii) the reestablishment of one or more F-22 formal
training units, including--
(I) the planned location of such units;
(II) the planned schedule for the reestablishment
of such units; and
(III) and the number of F-22 aircraft that are
expected to be assigned to such units.
(c) Comptroller General Audit.--
(1) Audit required.--The Comptroller General of the United
States shall conduct an audit to assess and validate data and
information relating to--
(A) the events and activities that would be necessary to
upgrade Block 20 F-22 aircraft to a capability configuration
comparable to or exceeding the existing or planned
configuration of Block 30/35 F-22 aircraft;
(B) the estimated costs of such upgrades; and
(C) a schedule of milestones for such upgrades.
(2) Availability of information.--At the request of the
Comptroller General, the Secretary of the Air Force shall promptly
provide to the Comptroller General any data or other information
that may be needed to conduct the audit under paragraph (1),
including any data or information it may be necessary to obtain
from the original equipment manufacturer of the F-22 aircraft.
(3) Briefing.--Not later than April 15, 2023, the Comptroller
General shall provide to the congressional defense committees a
briefing on the progress and any preliminary results of the audit
conducted under paragraph (1).
(4) Report.--Following the briefing under paragraph (3), at
such time as is mutually agreed upon by the congressional defense
committees and the Comptroller General, the Comptroller General
shall submit to the congressional defense committees a report on
the final results of the audit conducted under paragraph (1).
SEC. 144. MODIFICATION OF EXCEPTION TO PROHIBITION ON CERTAIN
REDUCTIONS TO B-1 BOMBER AIRCRAFT SQUADRONS.
Section 133(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1574) is amended by striking
``an individual unit'' and inserting ``a bomb wing''.
SEC. 145. REPEAL OF AIR FORCE E-8C FORCE PRESENTATION REQUIREMENT.
Section 147 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1669) is
amended by striking subsection (f).
SEC. 146. MINIMUM INVENTORY OF C-130 AIRCRAFT.
(a) Minimum Inventory Requirement.--
(1) In general.--During the covered period, the Secretary of
the Air Force shall maintain a total inventory of C-130 aircraft of
not less than 271 aircraft.
(2) Exception.--The Secretary of the Air Force may reduce the
number of C-130 aircraft in the Air Force below the minimum number
specified in paragraph (1) if the Secretary determines, on a case-
by-case basis, that an aircraft is no longer mission capable
because of a mishap or other damage.
(3) Covered period defined.--In this subsection, the term
``covered period'' means the period--
(A) beginning at the close of the period described in
section 138(c) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1577); and
(B) ending on September 30, 2023.
(b) Prohibition on Reduction of C-130 Aircraft Assigned to National
Guard.--
(1) In general.--During fiscal year 2023, the Secretary of the
Air Force may not reduce the total number of C-130 aircraft
assigned to the National Guard below the number so assigned as of
the date of the enactment of this Act.
(2) Exception.--The prohibition under paragraph (1) shall not
apply to an individual C-130 aircraft that the Secretary of the Air
Force determines, on a case-by-case basis, to be no longer mission
capable because of a mishap or other damage.
SEC. 147. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF C-
40 AIRCRAFT.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023 for the
Air Force may be obligated or expended to retire, prepare to retire, or
place in storage or on backup aircraft inventory status any C-40
aircraft.
(b) Exception.--
(1) In general.--The limitation under subsection (a) shall not
apply to an individual C-40 aircraft that the Secretary of the Air
Force determines, on a case-by-case basis, to be no longer mission
capable because of a Class A mishap.
(2) Certification required.--If the Secretary determines under
paragraph (1) that an aircraft is no longer mission capable, the
Secretary shall submit to the congressional defense committees a
certification that the status of such aircraft is due to a Class A
mishap and not due to lack of maintenance or repairs or other
reasons.
SEC. 148. PROHIBITION ON AVAILABILITY OF FUNDS FOR TERMINATION OF
PRODUCTION LINES FOR HH-60W AIRCRAFT.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Air Force may be
obligated or expended to terminate the operations of, or to prepare to
terminate the operations of, a production line for HH-60W Combat Rescue
Helicopters.
SEC. 149. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF E-3
AIRBORNE WARNING AND CONTROL SYSTEM AIRCRAFT.
(a) Prohibition.--Except as provided in subsections (b) and (c),
none of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Air Force may be
obligated or expended to retire, prepare to retire, or place in storage
or in backup aircraft inventory any E-3 aircraft if such actions would
reduce the total aircraft inventory for such aircraft below 26.
(b) Exception for Acquisition Strategy.--If the Secretary of the
Air Force submits to the congressional defense committees an
acquisition strategy for the E-7 Wedgetail aircraft approved by the
Service Acquisition Executive of the Air Force, the prohibition under
subsection (a) shall not apply to actions taken to reduce the total
aircraft inventory for E-3 aircraft to 21 after the date on which the
strategy is so submitted.
(c) Exception for Contract Award.--If the Secretary of the Air
Force awards a contract for the E-7 Wedgetail aircraft, the prohibition
under subsection (a) shall not apply to actions taken to reduce the
total aircraft inventory for E-3 aircraft to 18 after the date on which
such contact is so awarded.
(d) Designation as Primary Training Aircraft Inventory.--The
Secretary of the Air Force shall designate two E-3 aircraft as Primary
Training Aircraft Inventory.
SEC. 150. LIMITATION ON DIVESTMENT OF F-15 AIRCRAFT.
(a) Limitation.--Beginning on October 1, 2023, the Secretary of the
Air Force may not divest, or prepare to divest, any covered F-15
aircraft until a period of 180 days has elapsed following the date on
which the Secretary submits the report required under subsection (b).
(b) Report Required.--The Secretary of the Air Force shall submit
to the congressional defense committees a report on the following:
(1) Any plans of the Secretary to divest covered F-15 aircraft
during the period covered by the most recent future-years defense
program submitted to Congress under section 221 of title 10, United
States Code, including--
(A) a description of each proposed divestment by fiscal
year and location;
(B) an explanation of the anticipated effects of such
divestments on the missions, personnel, force structure, and
budgeting of the Air Force;
(C) a description of the actions the Secretary intends to
carry out--
(i) to mitigate any negative effects identified under
subparagraph (B); and
(ii) to modify or replace the missions and capabilities
of any units and military installations affected by such
divestments; and
(D) an assessment of how such divestments may affect the
ability of the Air Force to maintain minimum tactical aircraft
inventories.
(2) Any plans of the Secretary to procure covered F-15
aircraft.
(3) Any specific plans of the Secretary to deviate from
procurement of new F-15EX aircraft as articulated by the validated
requirements contained in Air Force Requirements Decision
Memorandum, dated February 1, 2019, regarding F-15EX Rapid Fielding
Requirements Document, dated January 16, 2019.
(c) Covered F-15 Aircraft Defined.--In this section, the term
``covered F-15 aircraft'' means the following:
(1) F-15C aircraft.
(2) F-15D aircraft.
(3) F-15E aircraft.
(4) F-15EX aircraft.
SEC. 151. AUTHORITY TO PROCURE UPGRADED EJECTION SEATS FOR CERTAIN
T-38A AIRCRAFT.
The Secretary of the Air Force is authorized to procure upgraded
ejection seats for--
(1) all T-38A aircraft of the Air Force Global Strike Command
that have not received an upgraded ejection seat under the T-38
Ejection Seat Upgrade Program; and
(2) all T-38A aircraft of the Air Combat Command that have not
received an upgraded ejection seat as part of such Program.
SEC. 152. PROCUREMENT AUTHORITY FOR DIGITAL MISSION OPERATIONS
PLATFORM FOR THE SPACE FORCE.
(a) Procurement Authority.--The Secretary of the Air Force is
authorized to enter into one or more contracts for the procurement of a
digital mission operations platform for the Space Force.
(b) Required Capabilities.--A digital mission operations platform
procured under subsection (a) shall include the following capabilities:
(1) The platform shall be capable of providing systems
operators with the ability to analyze system performance in a
simulated mission environment.
(2) The platform shall enable collaboration among such
operators in an integrated, physics-based environment.
SEC. 153. DIGITAL TRANSFORMATION COMMERCIAL SOFTWARE ACQUISITION.
(a) Procurement Authority.--The Secretary of the Air Force may
enter into one or more contracts for the procurement of commercial
digital engineering and software tools to meet the digital
transformation goals and objectives of the Department of the Air Force.
(b) Inclusion of Program Element in Budget Materials.--In the
materials submitted by the Secretary of the Air Force in support of the
budget of the President for fiscal year 2024 (as submitted to Congress
pursuant to section 1105 of title 31, United States Code), the
Secretary shall include a program element dedicated to the procurement
and management of the commercial digital engineering and software tools
described in subsection (a).
(c) Review.--In carrying out subsection (a), the Secretary of the
Air Force shall--
(1) review the market for commercial digital engineering and
software tools; and
(2) conduct research on providers of commercial software
capabilities that have the potential to expedite the progress of
digital engineering initiatives across the weapon system
enterprise, with a particular focus on capabilities that have the
potential to generate significant life-cycle cost savings,
streamline and accelerate weapon system acquisition, and provide
data-driven approaches to inform investments by the Department of
the Air Force.
(d) Report.--Not later than March 1, 2023, the Secretary of the Air
Force shall submit to the congressional defense committees a report
that includes--
(1) an analysis of specific digital engineering and software
tool capability manufacturers that deliver high mission impact with
broad reach into the weapon system enterprise of the Department of
the Air Force; and
(2) a prioritized list of programs and offices of the
Department of the Air Force that could better utilize commercial
digital engineering and software tools and opportunities for the
implementation of such digital engineering and software tool
capabilities within the Department.
SEC. 154. REQUIREMENTS STUDY AND STRATEGY FOR THE COMBAT SEARCH AND
RESCUE MISSION OF THE AIR FORCE.
(a) Requirements Study.--
(1) In general.--The Secretary of the Air Force shall conduct a
study to determine the requirements for the combat search and
rescue mission of the Air Force in support of the objectives of the
National Defense Strategy.
(2) Elements.--The study under paragraph (1) shall include the
following:
(A) Identification of anticipated combat search and rescue
mission requirements necessary to meet the objectives of the
most recent National Defense Strategy, including--
(i) requirements for short-term, mid-term, and long-
term contingency and steady-state operations against
adversaries;
(ii) requirements under the Agile Combat Employment
operational scheme of the Air Force;
(iii) requirements relating to regions and specific
geographic areas that are expected to have a need for
combat search and rescue forces based on the combat-
relevant range and penetration capability of United States
air assets and associated weapon systems; and
(iv) the level of operational risk associated with each
likely requirement and scenario.
(B) An assessment of the rotary, tilt, and fixed wing
aircraft and key combat search and rescue enabling capabilities
that--
(i) are needed to meet the requirements identified
under subparagraph (A); and
(ii) have been accounted for in the budget of the Air
Force as of the date of the study.
(C) Identification of any combat search and rescue
capability gaps, including an assessment of--
(i) whether and to what extent such gaps may affect the
ability of the Air Force to conduct combat search and
rescue operations;
(ii) any capability gaps that may be created by
procuring fewer HH-60W aircraft than planned under the
program of record, including any expected changes to the
plan for fielding such aircraft for active, reserve, and
National Guard units; and
(iii) any capability gaps attributable to unfunded
requirements.
(D) Identification and assessment of key current, emerging,
and future technologies with potential application to the
combat search and rescue mission, including electric vertical
takeoff and landing, unmanned aerial systems, armed air
launched effects or similar armed capabilities, electric short
take-off and landing, or a combination of such technologies.
(E) An assessment of each technology identified under
subparagraph (D), including (as applicable) an assessment of--
(i) technology maturity;
(ii) suitability to the combat search and rescue
mission;
(iii) range;
(iv) speed;
(v) payload capability and capacity;
(vi) radio frequency and infrared signatures;
(vii) operational conditions required for the use of
such technology, such as runway availability;
(viii) survivability;
(ix) lethality;
(x) potential to support combat missions other than
combat search and rescue; and
(xi) estimated cost.
(3) Submittal to congress.--
(A) In general.--Not later than April 30, 2023, the
Secretary of the Air Force shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report on the results of the study under paragraph (1).
(B) Form.--The report required under subparagraph (A) shall
be submitted in unclassified form, but may include a classified
annex.
(b) Strategy Required.--
(1) In general.--Based on the results of the study conducted
under subsection (a), the Secretary of the Air Force shall develop
a strategy to meet the requirements identified under such study.
(2) Elements.--The strategy under paragraph (1) shall include--
(A) A prioritized list of the capabilities needed to meet
the requirements identified under subsection (a).
(B) The estimated costs of such capabilities, including--
(i) any amounts already budgeted for such capabilities
as of the date of the strategy, including amounts already
budgeted for emerging and future technologies; and
(ii) any amounts not already budgeted for such
capabilities as of such date.
(C) An estimate of the date by which the capability is
expected to become operational.
(D) A description of any requirements identified under
subsection (a) that the Secretary of the Air Force does not
expect to meet as part of the strategy and an explanation of
the reasons such requirements cannot be met.
(3) Submittal to congress.--
(A) In general.--Not later than July 30, 2023, the
Secretary of the Air Force shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report on the strategy developed under paragraph (1).
(B) Form.--The report required under subparagraph (A) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 155. PLAN FOR TRANSFER OF KC-135 AIRCRAFT TO THE AIR NATIONAL
GUARD.
(a) Plan Required.--The Secretary of the Air Force shall develop a
plan to transfer covered KC-135 aircraft to air refueling wings of the
Air National Guard that are classic associations with active duty units
of the Air Force.
(b) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the plan developed under subsection (a).
The briefing shall include an explanation of--
(1) the effects the plan is expected to have on--
(A) the aerial refueling capability of the Department of
Defense; and
(B) personnel; and
(2) any costs associated with the plan.
(c) Definitions.--In this section:
(1) The term ``covered KC-135 aircraft'' means a KC-135
aircraft that the Secretary of the Air Force is in the process of
replacing with a KC-46A aircraft.
(2) The term ``classic association'' means a structure under
which a regular Air Force unit retains principal responsibility for
an aircraft and shares the aircraft with one or more reserve
component units.
SEC. 156. ANNUAL REPORTS ON T-7A ADVANCED PILOT TRAINING SYSTEM.
(a) Annual Report.--Not later than March 1, 2023, and annually
thereafter through 2028, the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the acquisition efforts of the Air Force with respect to the
T-7A Advanced Pilot Training System (including any associated aircraft
and ground training systems).
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) An overview of the Assistant Secretary's acquisition
strategy for the T-7 Advanced Pilot Training System, including the
current status of the acquisition strategy as of the date of the
report.
(2) The cost and schedule estimates for the T-7 Advanced Pilot
Training System program.
(3) In the case of the initial report under this section, the
key performance parameters or the equivalent requirements for the
program. In the case of subsequent reports, any key performance
parameters or the equivalent requirements for the program that have
changed since the submission of the previous report under this
section.
(4) The test and evaluation master plan for the program.
(5) With respect to the testing program events completed in the
year covered by the report--
(A) the completion date of each event;
(B) a summary of the event, including identification of--
(i) the quantity of data points evaluated and
subsequently considered complete and validated; and
(ii) the quantity of data points evaluated that remain
incomplete or unvalidated and requiring further testing.
(6) The logistics and sustainment strategy for the program and
a description of any activities carried out to implement such
strategy as of the date of the report.
(7) An explanation of--
(A) the causes of any engineering, manufacturing,
development, testing, production, delivery, acceptance, and
fielding delays incurred by the program as of the date of the
report;
(B) the effects of such delays; and
(C) any subsequent efforts to address such delays.
(8) The post-production aircraft basing and fielding strategy
for the program.
(9) Any other matters regarding the acquisition of the T-7
Advanced Pilot Training System that the Assistant Secretary
determines to be of critical importance to the long-term viability
of the program.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 161. INCREASE IN AIR FORCE AND NAVY USE OF USED COMMERCIAL
DUAL-USE PARTS IN CERTAIN AIRCRAFT AND ENGINES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force, with respect to
the Air Force, and the Secretary of the Navy, with respect to the Navy,
shall develop and implement processes and procedures for--
(1) the acquisition of used, overhauled, reconditioned, and
remanufactured commercial dual-use parts; and
(2) the use of such commercial dual-use parts in all--
(A) commercial derivative aircraft and engines; and
(B) aircraft used by the Air Force or Navy that are based
on the design of commercial products.
(b) Procurement of Parts.--The processes and procedures implemented
under subsection (a) shall provide that commercial dual-use parts shall
be acquired--
(1) pursuant to competitive procedures (as defined in section
3012 of title 10, United States Code); and
(2) only from suppliers that provide parts that possess an
Authorized Release Certificate Federal Aviation Administration Form
8130-3 Airworthy Approval Tag from a certified repair station
pursuant to part 145 of title 14, Code of Federal Regulations.
(c) Definitions.--In this section:
(1) Commercial derivative.--The term ``commercial derivative''
means an item procured by the Department of Defense that is or was
produced using the same or similar production facilities, a common
supply chain, and the same or similar production processes that are
used for the production of the item as predominantly used by the
general public or by nongovernmental entities for purposes other
than governmental purposes.
(2) Commercial dual-use part.--The term ``commercial dual-use
part'' means a product that is--
(A) a commercial product;
(B) dual-use;
(C) described in subsection (b)(2); and
(D) not a life-limited part.
(3) Commercial product.--The term ``commercial product'' has
the meaning given such term in section 103 of title 41, United
States Code.
(4) Dual-use.--The term ``dual-use'' has the meaning given such
term in section 4801 of title 10, United States Code.
SEC. 162. ASSESSMENT AND STRATEGY FOR FIELDING CAPABILITIES TO
COUNTER THREATS POSED BY UNMANNED AERIAL SYSTEM SWARMS.
(a) Assessment, Analysis, and Review.--The Secretary of Defense
shall conduct--
(1) an assessment of the threats posed by unmanned aerial
system swarms and unmanned aerial systems with swarm capabilities
to installations and deployed Armed Forces;
(2) an analysis of the use or potential use of unmanned aerial
system swarms by adversaries, including the People's Republic of
China, the Russian Federation, the Islamic Republic of Iran, the
Democratic People's Republic of North Korea, and non-state actors;
(3) an analysis of the national security implications of
swarming technologies such as autonomous intelligence and machine
learning;
(4) a review of the capabilities used by the Department of
Defense to counter threats posed by unmanned aerial systems and an
assessment of the effectiveness of such capabilities at countering
the threat of unmanned aerial system swarms; and
(5) an overview of the efforts of the Department of Defense to
develop and field test technologies that offer scalable, modular,
and rapidly deployable capabilities with the ability to counter
unmanned aerial system swarms.
(b) Strategy Development and Implementation Required.--
(1) In general.--The Secretary of Defense shall develop and
implement a strategy to field capabilities to counter threats posed
by unmanned aerial system swarms.
(2) Elements.--The strategy required by paragraph (1) shall
include the following:
(A) The development of a comprehensive definition of
``unmanned aerial system swarm''.
(B) A plan to establish and incorporate requirements for
the development, testing, and fielding of technologies and
capabilities to counter unmanned aerial system swarms.
(C) A plan to acquire and field adequate capabilities to
counter unmanned aerial system swarms in defense of the Armed
Forces, infrastructure, and other assets of the United States
across land, air, and maritime domains.
(D) An estimate of the resources needed by each Armed Force
to implement the strategy.
(E) An analysis, determination, and prioritization of
legislative action required to ensure the Department of Defense
has the ability to counter the threats posed by unmanned aerial
system swarms.
(F) Such other matters as the Secretary determines to be
relevant to the strategy.
(3) Incorporation into existing strategy.--The Secretary of
Defense may incorporate the strategy required by paragraph (1) into
a comprehensive strategy of the Department of Defense to counter
the threat of unmanned aerial systems.
(c) Information to Congress.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on--
(1) the findings of the Secretary under subsection (a); and
(2) the strategy developed and implemented by the Secretary
under subsection (b).
SEC. 163. ASSESSMENT AND REPORT ON MILITARY ROTARY WING AIRCRAFT
INDUSTRIAL BASE.
(a) Assessment Required.--The Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Secretaries of
the Army, Navy, and Air Force, shall conduct an assessment of the
military rotary wing aircraft industrial base.
(b) Elements.--The assessment under subsection (a) shall include
the following:
(1)(A) Identification of each rotary wing aircraft program of
the Department of Defense that is in the research and development
or procurement phase.
(B) A description of any platform-specific or capability-
specific facility or workforce technical skill requirements
necessary for each program identified under subparagraph (A).
(2) Identification of--
(A) the rotary wing aircraft capabilities of each Armed
Force anticipated for programming beyond the period covered by
the most recent future-years defense program submitted to
Congress under section 221 of title 10, United States Code (as
of the date of the assessment); and
(B) the technologies, facilities, and workforce skills
necessary for the development of such capabilities.
(3) An assessment of the military industrial base capacity and
skills that are available (as of the date of the assessment) to
design and manufacture the platforms and capabilities identified
under paragraphs (1) and (2) and a list of any gaps in such
capacity and skills.
(4)(A) Identification of each component, subcomponent, or
equipment supplier in the military rotary wing aircraft industrial
base that is the sole source within such industrial base from which
that component, subcomponent, or equipment may be obtained.
(B) An assessment of any risk resulting from the lack of other
suppliers for such components, subcomponents, or equipment.
(5) Analysis of the likelihood of future consolidation,
contraction, or expansion, within the rotary wing aircraft
industrial base, including--
(A) identification of the most probable scenarios with
respect to such consolidation, contraction, or expansion; and
(B) an assessment of how each such scenario may affect the
ability of the Armed Forces to acquire military rotary wing
aircraft in the future, including any effects on the cost and
schedule of such acquisitions.
(6) Such other matters the Under Secretary of Defense for
Acquisition and Sustainment determines appropriate.
(c) Report.--Not later than June 1, 2023, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
congressional defense committees a report that includes--
(1) the results of the assessment conducted under subsection
(a); and
(2) based on such results, recommendations for reducing any
risks identified with respect to the military rotary wing aircraft
industrial base.
(d) Rotary Wing Aircraft Defined.--In this section, the term
``rotary wing aircraft'' includes rotary wing and tiltrotor aircraft.
SEC. 164. COMPTROLLER GENERAL AUDIT OF EFFORTS TO MODERNIZE THE
PROPULSION, POWER, AND THERMAL MANAGEMENT SYSTEMS OF F-35
AIRCRAFT.
(a) Audit Required.--The Comptroller General of the United States
shall conduct an audit of the efforts of the Department of Defense to
modernize the propulsion, power, and thermal management systems of F-35
aircraft.
(b) Elements.--The audit conducted under subsection (a) shall
include the following:
(1) An evaluation of the results of the business-case analysis
conducted by the Director of the F-35 Joint Program Office, in
which the Director assessed options to modernize the propulsion,
power, and thermal management systems of the F-35 aircraft.
(2) An assessment of the costs associated with each
modernization option assessed in the business-case analysis
described in paragraph (1), including any costs associated with
development, production, retrofit, integration, and installation of
the option (including any aircraft modifications required to
accommodate such option), and an assessment of the sustainment
infrastructure requirements associated with that option for each
variant of F-35 aircraft.
(3) An assessment of the progress made by the prototype engines
developed under the Adaptive Engine Transition Program and the
development and testing status of the other modernization options
assessed in the business-case analysis described in paragraph (1).
(4) An assessment of the timeline associated with modernizing
the propulsion, power, and thermal management systems of F-35
aircraft to meet the capability performance requirements of the
full Block 4 suite upgrade planned for each variant of such
aircraft.
(5) An assessment of the costs associated with modernizing the
propulsion, power, and thermal management systems of F-35 aircraft
to meet the capability performance requirements of the full Block 4
suite upgrade planned for each variant of such aircraft.
(6) An assessment of the potential effects of each
modernization option assessed in the business-case analysis
described in paragraph (1) on life-cycle sustainment costs and the
costs of spare parts for F-35 aircraft, including any participatory
effects on international partners and foreign military sales
customers.
(c) Briefing.--Not later than February 28, 2023, the Comptroller
General shall provide to the congressional defense committees a
briefing on the preliminary results of the audit conducted under
subsection (a).
(d) Report.--Following the briefing under subsection (c), at such
time as is mutually agreed upon by the congressional defense committees
and the Comptroller General, the Comptroller General shall submit to
the congressional defense committees a report on the final results of
the audit conducted under subsection (a), including the findings of the
Comptroller General with respect to each element specified in
subsection (b).
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project
authority.
Sec. 212. Clarification of role of senior official with principal
responsibility for artificial intelligence and machine
learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research
and Engineering in personnel management authority to attract
experts in science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of
Executive Agent for a certain Defense Production Act program.
Sec. 215. Support for research and development of bioindustrial
manufacturing processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to
support critical hypersonic weapons development.
Sec. 217. Competitively awarded demonstrations and tests of
electromagnetic warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of
microelectronics.
Sec. 220. Government-Industry-Academia Working Group on
Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband
infrastructure at all military installations.
Sec. 222. Outreach to historically Black colleges and universities and
other minority-serving institutions regarding National
Security Innovation Network programs that promote
entrepreneurship and innovation at institutions of higher
education.
Sec. 223. Report and pilot program based on recommendations regarding
defense research capacity at historically Black colleges and
universities and other minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable
inventions in the Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery
technologies for warfighters.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational
Test and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy
for fifth generation information and communications
technologies.
Sec. 233. Plan for investments to support the development of novel
processing approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and
communications technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation
Fellowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense
innovation ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing
capacity of the Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded
research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the
Electronic Proving Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and
information technology.
Sec. 242. Study and report on sufficiency of operational test and
evaluation resources supporting certain major defense
acquisition programs.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MODIFICATION OF COOPERATIVE RESEARCH AND DEVELOPMENT
PROJECT AUTHORITY.
(a) In General.--Section 2350a(a)(2) of title 10, United States
Code, is amended by adding at the end the following:
``(F) The European Union, including the European Defence
Agency, the European Commission, and the Council of the European
Union, and their suborganizations.''.
(c) Conforming Regulations.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall revise the
Department of Defense Supplement to the Federal Acquisition Regulation
to conform with section 2350a of title 10, United States Code, as
amended by subsection (a).
SEC. 212. CLARIFICATION OF ROLE OF SENIOR OFFICIAL WITH PRINCIPAL
RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING.
(a) Personnel Management Authority to Attract Experts in Science
and Engineering.--Section 4092 of title 10, United States Code, is
amended--
(1) in subsection (a)(6)--
(A) by striking ``Director of the Joint Artificial
Intelligence Center'' and inserting ``official designated under
section 238(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)'';
(B) by striking ``for the Center'' and inserting ``to
support the activities of such official under section 238 of
such Act''; and
(C) in the paragraph heading, by striking ``Center'';
(2) in subsection (b)(1)(F)--
(A) by striking ``Joint Artificial Intelligence Center''
and inserting ``office of the official designated under section
238(b) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232)''; and
(B) by striking ``in the Center'' and inserting ``in
support of the activities of such official under section 238 of
such Act''; and
(3) in subsection (c)(2), by striking ``Joint Artificial
Intelligence Center'' and inserting ``the activities under section
238 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232)''.
(b) Review of Artificial Intelligence Applications and
Establishment of Performance Metrics.--Section 226(b) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 4001 note) is amended--
(1) in paragraph (3), by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)'';
(2) in paragraph (4), by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)''; and
(3) in paragraph (5), by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)''.
(c) Modification of the Joint Common Foundation Program.--Section
227(a) of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 10 U.S.C. 4001 note) is amended by striking ``Joint
Artificial Intelligence Center'' and inserting ``the office of the
official designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 10 U.S.C. note prec. 4061)''.
(d) Pilot Program on Data Repositories to Facilitate the
Development of Artificial Intelligence Capabilities for the Department
of Defense.--Section 232 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4001 note) is amended--
(1) in the section heading, by striking ``pilot program on data
repositories'' and inserting ``data repositories'';
(2) by amending subsection (a) to read as follows:
``(a) Establishment of Data Repositories.--The Secretary of
Defense, acting through the official designated under subsection (b) of
section 238 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061)
(and such other officials as the Secretary determines appropriate),
shall--
``(1) establish data repositories containing Department of
Defense data sets relevant to the development of artificial
intelligence software and technology; and
``(2) allow appropriate public and private sector organizations
to access such data repositories for the purpose of developing
improved artificial intelligence and machine learning software
capabilities that may, as determined appropriate by the Secretary,
be procured by the Department to satisfy Department requirements
and technology development goals.'';
(3) in subsection (b), by striking ``If the Secretary of
Defense carries out the pilot program under subsection (a), the
data repositories established under the program'' and inserting
``The data repositories established under subsection (a)''; and
(4) by amending subsection (c) to read as follows:
``(c) Briefing.--Not later than July 1, 2023, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on--
``(1) the types of information the Secretary determines are
feasible and advisable to include in the data repositories
established under subsection (a); and
``(2) the progress of the Secretary in establishing such data
repositories.''.
(e) Digital Development Infrastructure Plan and Working Group.--
Section 1531(d)(2)(C) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2051) is amended by
striking ``The Joint Artificial Intelligence Center (JAIC)'' and
inserting ``The office of the official designated under subsection (b)
of section 238 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061)''.
(f) Board of Advisors for the Office of the Senior Official With
Principal Responsibility for Artificial Intelligence and Machine
Learning.--Section 233 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10
U.S.C. 4001 note) is amended--
(1) in the section heading, by striking ``joint artificial
intelligence center'' and inserting ``office of the senior official
with principal responsibility for artificial intelligence and
machine learning'';
(2) in subsection (a), by striking ``Joint Artificial
Intelligence Center'' and inserting ``office of the official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061) (referred to in
this section as the `Official')'';
(3) in subsection (b), by striking ``Director'' each place in
appears and inserting ``Official'';
(4) in subsection (f), by striking ``September 30, 2024'' and
inserting ``September 30, 2026''; and
(5) in subsection (g)--
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph (2).
(g) Application of Artificial Intelligence to the Defense Reform
Pillar in the National Defense Strategy.--Section 234(b) of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 113 note) is amended by striking
``Director of the Joint Artificial Intelligence Center'' and inserting
``official designated under section 238(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. note prec. 4061)''.
(h) Pilot Program on the Use of Electronic Portfolios to Evaluate
Certain Applicants for Technical Positions.--Section 247(c) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. note prec. 1580) is
amended--
(1) in paragraph (1), by striking ``the Joint Artificial
Intelligence Center'' and inserting ``the office of the official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs (2)
and (3), respectively.
(i) Acquisition Authority of the Director of the Joint Artificial
Intelligence Center.--Section 808 the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 4001 note) is amended--
(1) in the section heading, by striking ``the director of the
joint artificial intelligence center'' and inserting ``the senior
official with principal responsibility for artificial intelligence
and machine learning'';
(2) in subsection (a)--
(A) by striking ``the Director of the Joint Artificial
Intelligence Center'' and inserting ``the official designated
under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 10 U.S.C. note prec. 4061) (referred to in this
section as the `Official')''; and
(B) by striking ``the Center'' and inserting ``the office
of such official (referred to in this section as the
`Office')'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``JAIC'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
(I) by striking ``staff of the Director'' and
inserting ``staff of the Official''; and
(II) by striking ``the Director of the Center'' and
inserting ``such Official'';
(ii) in subparagraph (A), by striking ``the Center''
and inserting ``the Office'';
(iii) in subparagraph (B), by striking ``the Center''
and inserting ``the Office'';
(iv) in subparagraph (C), by striking ``the Center''
each place it appears and inserting ``the Office''; and
(v) in subparagraph (D), by striking ``the Center''
each place it appears and inserting ``the Office''; and
(C) in paragraph (2)--
(i) by striking ``the Center'' and inserting ``the
Office''; and
(ii) by striking ``the Director'' and inserting ``the
Official'';
(4) in subsection (c)(1)--
(A) by striking ``the Center'' and inserting ``the
Office''; and
(B) by striking ``the Director'' and inserting ``the
Official'';
(5) in subsection (d), by striking ``the Director'' and
inserting ``the Official'';
(6) in subsection (e)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``Center
missions'' and inserting ``the missions of the Office'';
and
(ii) in subparagraph (D), by striking ``the Center''
and inserting ``the Office''; and
(B) in paragraph (3), by striking ``the Center'' and
inserting ``the Office'';
(7) in subsection (f), by striking ``the Director'' and
inserting ``the Official''; and
(8) in subsection (g)--
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(1) and (2), respectively.
(j) Biannual Report on Office of the Senior Official With Principal
Responsibility for Artificial Intelligence and Machine Learning.--
Section 260 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92) is amended--
(1) in the section heading, by striking ``joint artificial
intelligence center'' and inserting ``office of the senior official
with principal responsibility for artificial intelligence and
machine learning'';
(2) in subsection (a)--
(A) by striking ``2023'' and inserting ``2026''; and
(B) by striking ``the Joint Artificial Intelligence Center
(referred to in this section as the `Center')'' and inserting
``the office of the official designated under subsection (b) of
section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. note prec. 4061) (referred to in this section as the
`Office')'';
(3) in subsection (b)--
(A) by striking ``Center'' each place it appears and
inserting ``Office'';
(B) in paragraph (2), by striking ``the National Mission
Initiatives, Component Mission Initiatives, and any other
initiatives'' and inserting ``any initiatives''; and
(C) in paragraph (7), by striking ``the Center's
investments in the National Mission Initiatives and Component
Mission Initiatives'' and inserting ``the Office's investments
in its initiatives and other activities''; and
(4) by striking subsection (c).
(k) Chief Data Officer Responsibility for Department of Defense
Data Sets.--Section 903(b) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2223 note) is
amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(l) Joint Artificial Intelligence Research, Development, and
Transition Activities.--Section 238 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. note prec. 4061) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Organization and Roles.--
``(1) In general.--In addition to designating an official under
subsection (b), the Secretary of Defense shall assign to
appropriate officials within the Department of Defense roles and
responsibilities relating to the research, development,
prototyping, testing, procurement of, requirements for, and
operational use of artificial intelligence technologies.
``(2) Appropriate officials.--The officials assigned roles and
responsibilities under paragraph (1) shall include--
``(A) the Under Secretary of Defense for Research and
Engineering;
``(B) the Under Secretary of Defense for Acquisition and
Sustainment;
``(C) one or more officials in each military department;
``(D) officials of appropriate Defense Agencies; and
``(E) such other officials as the Secretary of Defense
determines appropriate.'';
(2) in subsection (e), by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official
designated under subsection (b)''; and
(3) by striking subsection (h).
(m) References.--Any reference in any law, regulation, guidance,
instruction, or other document of the Federal Government to the
Director of the Joint Artificial Intelligence Center of the Department
of Defense or to the Joint Artificial Intelligence Center shall be
deemed to refer to the official designated under section 238(b) of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061) or the office of such
official, as the case may be.
SEC. 213. INCLUSION OF OFFICE OF UNDER SECRETARY OF DEFENSE FOR
RESEARCH AND ENGINEERING IN PERSONNEL MANAGEMENT AUTHORITY TO
ATTRACT EXPERTS IN SCIENCE AND ENGINEERING.
Section 4092 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following new
paragraph:
``(10) Office of the under secretary of defense for research
and engineering.--The Under Secretary of Defense for Research and
Engineering may carry out a program of personnel management
authority provided in subsection (b) in order to facilitate
recruitment of eminent experts in science or engineering for the
Office of the Under Secretary.''; and
(2) in subsection (b)(1)--
(A) in subparagraph (H), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (I), by striking the semicolon and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(J) in the case of the Office of the Under Secretary of
Defense for Research and Engineering, appoint scientists and
engineers to a total of not more than 10 scientific and
engineering positions in the Office;''.
SEC. 214. MODIFICATION OF LIMITATION ON CANCELLATION OF DESIGNATION
OF EXECUTIVE AGENT FOR A CERTAIN DEFENSE PRODUCTION ACT PROGRAM.
Section 226 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1335) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Designation of Other Executive Agents.--Notwithstanding the
requirements of this section or section 1792 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (50 U.S.C. 4531
note), the Secretary of Defense may designate one or more Executive
Agents within the Department of Defense (other than the Executive Agent
described in subsection (a)) to implement Defense Production Act
transactions entered into under the authority of sections 4021, 4022,
and 4023 of title 10, United States Code.''.
SEC. 215. SUPPORT FOR RESEARCH AND DEVELOPMENT OF BIOINDUSTRIAL
MANUFACTURING PROCESSES.
(a) Authorization.--Subject to the availability of appropriations,
the Secretary of Defense shall provide support for the development of a
network of bioindustrial manufacturing facilities to conduct research
and development to improve the ability of the industrial base to
assess, validate, and scale new, innovative bioindustrial manufacturing
processes for the production of chemicals, materials, and other
products necessary to support national security or secure fragile
supply chains.
(b) Form of Support.--The support provided under subsection (a) may
consist of--
(1) providing funding to one or more existing facilities or the
establishment of new facilities--
(A) to support the research and development of
bioindustrial manufacturing processes; or
(B) to otherwise expand the bioindustrial manufacturing
capabilities of such facilities;
(2) the establishment of dedicated facilities within one or
more bioindustrial manufacturing facilities to serve as regional
hubs for the research, development, and the scaling of
bioindustrial manufacturing processes and products to higher levels
of production; or
(3) designating a bioindustrial manufacturing facility to serve
as the lead entity responsible for integrating a network of pilot
and intermediate scale bioindustrial manufacturing facilities.
(c) Activities.--A facility that receives support under subsection
(a) shall carry out activities relating to the research, development,
test, and evaluation of innovative bioindustrial manufacturing
processes and the scaling of bioindustrial manufacturing products to
higher levels of production, which may include--
(1) research on the use of bioindustrial manufacturing to
create materials such as polymers, coatings, resins, commodity
chemicals, and other materials with fragile supply chains;
(2) demonstration projects to evaluate bioindustrial
manufacturing processes and technologies;
(3) activities to scale bioindustrial manufacuring processes
and products to higher levels of production;
(4) strategic planning for infrastructure and equipment
investments for bioindustrial manufacturing of defense-related
materials;
(5) analyses of bioindustrial manufactured products and
validation of the application of biological material used as input
to new and existing processes to aid in future investment
strategies and the security of critical supply chains;
(6) the selection, construction, and operation of pilot and
intermediate scale bioindustrial manufacturing facilities;
(7) development and management of a network of facilities to
scale production of bioindustrial products;
(8) activities to address workforce needs in bioindustrial
manufacturing;
(9) establishing an interoperable, secure, digital
infrastructure for collaborative data exchange across entities in
the bioindustrial manufacturing community, including government
agencies, industry, and academia;
(10) developing and implementing digital tools, process
security and assurance capabilities, cybersecurity protocols, and
best practices for data storage, sharing and analysis; and
(11) such other activities as the Secretary of Defense
determines appropriate.
(d) Considerations.--In determining the number, type, and location
of facilities to support under subsection (a), the Secretary of Defense
shall consider--
(1) how the facilities may complement each other or increase
production levels by functioning together as a network;
(2) how to geographically distribute support to such
facilities--
(A) to maximize access to biological material needed as an
input to bioindustrial manufacturing processes;
(B) to leverage available industrial and academic
expertise, including workforce and human capital;
(C) to leverage relevant domestic infrastructure required
to secure supply chains for chemicals and other materials;
(D) to leverage access to venture capital and private
sector finance expertise and funding instruments; and
(E) to complement the capabilities of similar facilities;
and
(3) how the activities supported under this section can be
coordinated with relevant activities of other departments and
agencies of the Federal Government.
(e) Initial Concept Plan Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees and the National Security
Commission on Emerging Biotechnology an initial concept plan for
the implementation of this section that includes--
(A) an assessment of capacity scaling needs to determine
if, and what type of, additional bioindustrial manufacturing
facilities may be needed to meet the needs of the Department of
Defense;
(B) a description of types, relative sizes, and locations
of the facilities the Secretary intends to establish or support
under this section;
(C) a general description of the focus of each facility,
including the types of bioindustrial manufacturing equipment,
if any, that are expected to be procured for each such
facility;
(D) a general description of how the facilities will work
as a network to maximize the diversity of bioindustrial
products available to be produced by the network;
(E) an explanation of how the network will support the
establishment and maintenance of the bioindustrial
manufacturing industrial base; and
(F) an explanation of how the Secretary intends to ensure
that bioindustrial manufacturing activities conducted under
this section are modernized digitally, including through--
(i) the use of data automation to represent processes
and products as models and simulations; and
(ii) the implementation of measures to address
cybersecurity and process assurance concerns.
(2) Briefings.--Not later than 180 days after the date of the
submittal of the plan under paragraph (1), and annually thereafter
for five years, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the Secretary's
progress in implementing the plan.
(f) Bioindustrial Manufacturing Defined.--In this section, the term
``bioindustrial manufacturing'' means the use of living organisms,
cells, tissues, enzymes, or cell-free systems to produce materials and
products for non-pharmaceutical applications.
SEC. 216. AIR-BREATHING AND ROCKET BOOSTER TESTING CAPACITY
UPGRADES TO SUPPORT CRITICAL HYPERSONIC WEAPONS DEVELOPMENT.
(a) In General.--Subject to the availability of appropriations for
such purpose, the Secretary of the Air Force shall carry out activities
to upgrade testing facilities of the Department of the Air Force that
support the development of critical hypersonic weapons that--
(1) use air-breathing or rocket booster capabilities; and
(2) are expected to operate in sea-level or high-altitude
operational domains.
(b) Timeline for Completion.--The Secretary of the Air Force shall
seek to complete any upgrade under subsection (a), subject to
availability of appropriations for such upgrade, not later than 24
months after the upgrade is commenced.
SEC. 217. COMPETITIVELY AWARDED DEMONSTRATIONS AND TESTS OF
ELECTROMAGNETIC WARFARE TECHNOLOGY.
(a) Demonstrations and Tests Required.--Not later than 270 days
after the date of the enactment of this Act, the Director of the Air
Force Rapid Capabilities Office, in coordination with the Air Force
Life Cycle Management Center, shall select one or more qualified
entities under competitive processes to conduct demonstrations and
tests of commercial electronics technology to determine whether
technology currently exists that could enable the following
electromagnetic warfare capabilities:
(1) The operation of multiple emitters and receivers in the
same frequency at the same time and in the same location without
mutual interference and without using adaptive beam forming or
nulling.
(2) Protecting the reception of Global Positioning System and
other vulnerable low-power signals from multiple high-power jammers
at a level that is significantly better than the protection
afforded by controlled reception pattern antennas.
(3) Simultaneous transmission from and reception of separate
signals on the same platform wherein the signals lie in the same
frequency and are transmitted and received at the same time without
interference.
(4) Capabilities similar those described in paragraphs (1)
through (3) in a live, virtual constructive simulation environment.
(5) Other capabilities that might satisfy or support needs set
forth in the Electromagnetic Spectrum Superiority Strategy
Implementation Plan released on August 5, 2021.
(b) Oversight of Tests.--The Director of Operational Test and
Evaluation shall--
(1) provide oversight of the demonstrations and tests required
by subsection (a);
(2) review other applicable government or commercial
demonstrations and tests; and
(3) not later than 30 days after the completion of the
demonstrations and tests under subsection (a), advise the Chief
Information Officer of the Department of Defense, the Under
Secretary of Defense for Research and Engineering, and the Under
Secretary of Defense for Acquisition and Sustainment of the
outcomes of the demonstrations and tests.
(c) Outcome-based Actions Required.--If the Director of Operational
Test and Evaluation and the Director of the Air Force Rapid
Capabilities Office affirm that the demonstrations and tests under
subsection (a) confirm that certain commercial electronics technology
could enable one or more of the capabilities described in such
subsection--
(1) not later than 45 days after the conclusion of the tests
under subsection (a), the Director of the Air Force Rapid
Capabilities Office and the Director of Operational Test and
Evaluation shall jointly provide to the congressional defense
committees a briefing on the outcomes of the tests;
(2) the Director of the Air Force Rapid Capabilities Office may
begin engineering form, fit, and function development and
integration to incorporate technologies demonstrated and tested
under subsection (a) into specific Department of Defense platforms
and applications; and
(3) not later than 90 days after the conclusion of the tests
under subsection (a), the Director of the Air Force Rapid
Capabilities Office, the Chief Information Officer, the Under
Secretary of Defense for Research and Engineering, and the Under
Secretary of Defense for Acquisition and Sustainment shall jointly
provide to the congressional defense committees a briefing on any
plans of the Department of Defense to further develop and deploy
the technologies demonstrated and tested under subsection (a) to
support the Electromagnetic Spectrum Superiority Strategy
Implementation Plan released on August 5, 2021.
(d) Competitiveness Requirements.--A decision to commit, obligate,
or expend funds for the purposes outlined in this section shall be
based on merit-based selection procedures in accordance with the
requirements of sections 3201(e) and 4024 of title 10, United States
Code, or on competitive procedures.
(e) Commercial Electronics Technology Defined.--The term
``commercial electronics technology'' means electronics technology that
is--
(1) a commercial component (as defined in section 102 of title
41, United States Code);
(2) a commercial product (as defined in section 103 such
title);
(3) a commercial service (as defined in section 103a of such
title); or
(4) a commercially available off-the-shelf item (as defined in
section 104 of such title).
SEC. 218. ADMINISTRATION OF THE ADVANCED SENSOR APPLICATIONS
PROGRAM.
(a) Resource Sponsors.--
(1) In general.--The Commander of Naval Air Systems Command and
the Director of Air Warfare shall jointly serve as the resource
sponsors for the Advanced Sensor Applications Program (commonly
known as ``ASAP'' and in this section referred to as the
``Program'').
(2) Responsibilities.--The resource sponsors of the Program
shall be responsible for the following:
(A) Developing budget requests relating to the Program.
(B) Establishing priorities for the Program.
(C) Approving the execution of funding and projects for the
Program.
(D) Coordination and joint planning with external
stakeholders in matters relating to the Program.
(b) Limitations.--Only the Secretary of the Navy, the Under
Secretary of the Navy, and the Commander of Naval Air Systems Command
may--
(1) provide direction and management for the Program;
(2) set priorities for the Program;
(3) regulate or limit the information available or accessible
to the Program;
(4) edit reports or findings generated under the Program; or
(5) coordinate and manage interactions of the Program with
external stakeholders.
(c) Authority for Program Manager.--The program manager for the
Program may access, consider, act on, and apply information, at all
levels of classification and from all sources and organizations, that
is pertinent to the projects and activities that the Program is
executing, or considering proposing for the future.
(d) Quarterly Briefings.--Not less frequently than once every three
months, the program manager for the Program shall provide to the
congressional defense committees and congressional intelligence
committees (as defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)) a briefing on all aspects of the Program,
including on the status of--
(1) the implementation of this section;
(2) the implementation of other congressional directives
relating to the Program; and
(3) any direction and oversight of the Program exercised by the
Commander of Naval Air Systems Command, the Secretary of the Navy,
or the Under Secretary of the Navy.
(e) Strategic Relationship.--The program manager for the Program
shall evaluate the feasibility and advisability of establishing a
strategic relationship with the Naval Research Laboratory pursuant to
which the Laboratory provides scientific and technical assistance and
support for the Program.
(f) Use of Assets.--The Commander of Naval Air Systems Command
shall take all actions the Commander considers reasonable--
(1) to enable the Program to use assets controlled within the
Naval Air Systems Command enterprise, including sensor systems and
platforms; and
(2) to pursue the use of other assets that may further the
mission of the Program.
(g) Termination.--This section shall have no force or effect after
September 30, 2027.
SEC. 219. QUANTIFIABLE ASSURANCE CAPABILITY FOR SECURITY OF
MICROELECTRONICS.
(a) Development and Implementation of Capability.--The Secretary of
Defense shall develop and implement a capability for quantifiable
assurance to achieve practical, affordable, and risk-based objectives
for security of microelectronics to enable the Department of Defense to
access and apply state-of-the-art microelectronics for military
purposes.
(b) Establishment of Requirements and Schedule of Support for
Development, Test, and Assessment.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Deputy Secretary of Defense shall, in
consultation with the Under Secretary of Defense for Research and
Engineering, establish requirements and a schedule for support from
the National Security Agency to develop, test, assess, implement,
and improve the capability required by subsection (a).
(2) National security agency.--The Director of the National
Security Agency shall take such actions as may be necessary to
satisfy the requirements established under paragraph (1).
(3) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Defense for Research
and Engineering and the Director of the National Security Agency
shall jointly provide the congressional defense committees a
briefing on the requirements and the schedule for support
established under paragraph (1).
(c) Assessment.--
(1) In general.--The Secretary of Defense shall assess whether
the Department of Defense, to enable expanded use of unprogrammed
application specific integrated circuits or other custom-designed
integrated circuits manufactured by a supplier that is not using
processes accredited by the Defense Microelectronics Activity for
the purpose of enabling the Department to access commercial state-
of-the-art microelectronics technology using risk-based
quantifiable assurance security methodology, should--
(A) seek changes to the International Traffic in Arms
Regulations under subchapter M of chapter I of title 22, Code
of Federal Regulations, and Department of Defense Instruction
5200.44 (relating to protection of mission critical functions
to achieve trusted systems and networks); and
(B) expand the use of unprogrammed custom-designed
integrated circuits that are not controlled by such
regulations.
(2) Briefing.--Not later than April 1, 2023, the Secretary of
Defense shall provide the congressional defense committees a
briefing on the findings of the Secretary with respect to the
assessment conducted under paragraph (1).
SEC. 220. GOVERNMENT-INDUSTRY-ACADEMIA WORKING GROUP ON
MICROELECTRONICS.
(a) Establishment and Designation.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a
working group to facilitate coordination among industry, academia,
and the Department of Defense on issues of mutual interest relating
to microelectronics as described in subsection (c).
(2) Designation.--The working group established under paragraph
(1) shall be known as the ``Government-Industry-Academia Working
Group on Microelectronics'' (referred to in this section as the
``Working Group'').
(b) Composition.--The Working Group shall be composed of
representatives of organizations and elements of the Department of
Defense, industry, and academia.
(c) Scope.--The Secretary shall ensure that the Working Group
supports dialogue and coordination among industry, academia, and the
Department of Defense on the following issues relating to
microelectronics:
(1) Research needs.
(2) Infrastructure needs and shortfalls.
(3) Technical and process standards.
(4) Training and certification needs for the workforce.
(5) Supply chain issues.
(6) Supply chain, manufacturing, and packaging security.
(7) Technology transition issues and opportunities.
(d) Charter and Policies.--Not later than March 1, 2023, the
Secretary of Defense shall develop a charter and issue policies for the
functioning of the Working Group.
(e) Administrative Support.--The joint federation of capabilities
established under section 937 of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note) shall
provide administrative support to the Working Group.
(f) Rule of Construction.--Nothing in this section shall be
construed to allow the Department of Defense to provide any competitive
advantage to any participant in the Working Group.
(g) Sunset.--The provisions of this section shall terminate on
December 31, 2030.
SEC. 221. TARGET DATE FOR DEPLOYMENT OF 5G WIRELESS BROADBAND
INFRASTRUCTURE AT ALL MILITARY INSTALLATIONS.
(a) Target Required.--Not later than July 30, 2023, the Secretary
of Defense shall--
(1) establish a target date by which the Secretary plans to
deploy 5G wireless broadband infrastructure at all military
installations; and
(2) establish metrics, which shall be identical for each of the
military departments, to measure progress toward reaching the
target required by paragraph (1).
(b) Annual Report.--Not later than December 31, 2023, and on an
annual basis thereafter until the date specified in subsection (c), the
Secretary of Defense shall submit to the congressional defense
committees a report that includes--
(1) the metrics in use pursuant to subsection (a)(2); and
(2) the progress of the Secretary in reaching the target
required by subsection (a)(1).
(c) Termination.--The requirement to submit annual reports under
subsection (b) shall terminate on the date that is five years after the
date of the enactment of this Act.
SEC. 222. OUTREACH TO HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
AND OTHER MINORITY-SERVING INSTITUTIONS REGARDING NATIONAL
SECURITY INNOVATION NETWORK PROGRAMS THAT PROMOTE
ENTREPRENEURSHIP AND INNOVATION AT INSTITUTIONS OF HIGHER
EDUCATION.
(a) Pilot Program.--The Under Secretary of Defense for Research and
Engineering, acting through the National Security Innovation Network,
may carry out a pilot program under which the Under Secretary conducts
activities, including outreach and technical assistance, to better
connect historically Black colleges and universities and other
minority-serving institutions to the commercialization, innovation, and
entrepreneurial activities of the Department of Defense.
(b) Briefing.--Not later than one year after commencing a pilot
program under subsection (a), the Under Secretary of Defense for
Research and Engineering shall provide to the congressional defense
committees a briefing on the program, including--
(1) an explanation of--
(A) the results of any outreach efforts conducted under the
pilot program;
(B) the success of the pilot program in expanding National
Security Innovation Network programs to historically Black
colleges and universities and other minority-serving
institutions; and
(C) any potential barriers to the expansion of the pilot
program; and
(2) recommendations for how the Department of Defense can
support historically Black colleges and universities and other
minority-serving institutions to enable such institutions to
successfully participate in Department of Defense
commercialization, innovation, and entrepreneurship programs.
(c) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate on the date that is five years
after the date of the enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``historically Black college or university'' means
a part B institution (as defined in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061)).
(2) The term ``other minority-serving institution'' means an
institution of higher education specified in paragraphs (2) through
(7) of section 371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)).
SEC. 223. REPORT AND PILOT PROGRAM BASED ON RECOMMENDATIONS
REGARDING DEFENSE RESEARCH CAPACITY AT HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES AND OTHER MINORITY-SERVING
INSTITUTIONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the recommendations
set forth in the publication of the National Academies of Sciences,
Engineering, and Medicine titled ``Defense Research Capacity at
Historically Black Colleges and Universities and Other Minority
Institutions: Transitioning from Good Intentions to Measurable
Outcomes'' and dated April 28, 2022.
(2) Contents.--The report required under paragraph (1) shall
include the following:
(A) With respect to the recommendations and
subrecommendations set forth in the publication described in
paragraph (1)--
(i) a description of each recommendation and
subrecommendation the Secretary has implemented as of the
date of the report;
(ii) a description of each recommendation and
subrecommendation the Secretary has commenced implementing
as of the date of the report, including a justification for
determining to commence implementing the recommendation;
and
(iii) a description of each recommendation and
subrecommendation the Secretary has not implemented or
commenced implementing as of the date of the report and a
determination as to whether or not to implement the
recommendation.
(B) For each recommendation or subrecommendation the
Secretary determines to implement under subparagraph (A)(iii)--
(i) a timeline for implementation;
(ii) a description of any additional resources or
authorities required for implementation; and
(iii) the plan for implementation.
(C) For each recommendation or subrecommendation the
Secretary determines not to implement under subparagraph
(A)(iii), a justification for the determination not to
implement the recommendation.
(3) Format.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(b) Program to Implement Report Recommendations and
Subrecommendations.--
(1) Program required.--The Secretary of Defense shall establish
and carry out a program (referred to in this subsection as the
``Program'') under which the Secretary carries out activities to
increase the capacity of eligible institutions to achieve very high
research activity status.
(2) Considerations.--In establishing the Program the Secretary
shall consider--
(A) the recommendations and subrecommendations to be
implemented under subsection (a);
(B) the extent of nascent research capabilities and planned
research capabilities at eligible institutions and the
relevance of those capabilities to research areas of interest
to the Department of Defense;
(C) recommendations from previous studies for increasing
the level of research activity at eligible institutions to very
high research activity status, including measurable milestones
such as growth in very high research activity status indicators
and other relevant factors;
(D) how institutions participating in the Program will
evaluate and assess progress toward achieving very high
research activity status;
(E) how such institutions will sustain an increased level
of research activity after the Program terminates; and
(F) reporting requirements for institutions participating
in the Program.
(3) Consultation.--In designing the Program, the Secretary may
consult with the President's Board of Advisors on historically
Black colleges and universities.
(4) Program activities.--
(A) Activities.--Under the Program, the Secretary shall
carry out activities to build the capacity of eligible
institutions to achieve very high research activity status,
which may include--
(i) activities to support--
(I) faculty professional development;
(II) stipends for undergraduate and graduate
students and post-doctoral scholars;
(III) recruitment and retention of faculty and
graduate students;
(IV) the provision of laboratory equipment and
instrumentation;
(V) communication and dissemination of research
products produced during the Program;
(VI) construction, modernization, rehabilitation,
or retrofitting of facilities for research purposes;
and
(ii) such other activities as the Secretary determines
appropriate.
(B) Identification of priority areas.--The Secretary shall
establish and update, on an annual basis, a list of research
priorities for STEM and critical technologies appropriate for
the Program to assist eligible institutions in identifying
appropriate areas for research and related activities.
(5) Termination.--The Program shall terminate 10 years after
the date on which the Secretary commences the Program.
(6) Evaluation.--Not later than two years after the date of the
enactment of this Act and every two years thereafter until the date
on which the Program terminates under paragraph (5), the Secretary
shall submit to the Committees on Armed Services of the Senate and
the House of Representatives a report providing an update on the
Program, including--
(A) a description of the activities carried out under the
Program;
(B) an analysis of any growth in very high research
activity status indicators of eligible institutions that
participated in the Program; and
(C) emerging research areas of interest to the Department
of Defense that are being pursued by such institutions.
(7) Report to congress.--Not later than 180 days after the date
on which the program terminates under paragraph (5), the Secretary
shall submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the Program that includes
the following:
(A) An analysis of the growth in very high research
activity status indicators of eligible institutions that
participated in the Program.
(B) An evaluation on the effectiveness of the Program in
increasing the research capacity of such institutions.
(C) An explanation of how institutions that achieved very
high research activity status plan to sustain that status after
the termination of the Program.
(D) An evaluation of the maintenance of very high research
status by eligible institutions that participated in the
Program.
(E) An evaluation of the effectiveness of the Program in
increasing the diversity of students conducting high quality
research in unique areas.
(F) Recommendations with respect to further activities and
investments necessary to elevate the research status of
historically Black colleges and universities and other
minority-serving institutions.
(G) Recommendations as to whether the Program should be
renewed or expanded.
(c) Definitions.--In this section:
(1) The term ``eligible institution'' means a historically
Black college or university or other minority-serving institution
that is classified as a high research activity status institution
at the time of participation in the program under subsection (b).
(2) The term ``high research activity status'' means R2 status,
as classified by the Carnegie Classification of Institutions of
Higher Education.
(3) The term ``historically Black college or university'' has
the meaning given the term ``part B institution'' under section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061).
(4) The term ``other minority-serving institution'' means an
institution of higher education specified in paragraphs (2) through
(7) of section 371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)).
(5) The term ``Secretary'' means the Secretary of Defense.
(6) The term ``very high research activity status'' means R1
status, as classified by the Carnegie Classification of
Institutions of Higher Education.
(7) The term ``very high research activity status indicators''
means the categories used by the Carnegie Classification of
Institutions of Higher Education to delineate which institutions
have very high activity status, including--
(A) annual expenditures in science and engineering;
(B) per-capita (faculty member) expenditures in science and
engineering;
(C) annual expenditures in non-science and engineering
fields;
(D) per-capita (faculty member) expenditures in non-science
and engineering fields;
(E) doctorates awarded in science, technology, engineering,
and mathematics fields;
(F) doctorates awarded in social science fields;
(G) doctorates awarded in the humanities;
(H) doctorates awarded in other fields with a research
emphasis;
(I) total number of research staff including postdoctoral
researchers;
(J) other doctorate-holding non-faculty researchers in
science and engineering and per-capita (faculty) number of
doctorate-level research staff including post-doctoral
researchers; and
(K) other categories utilized to determine classification.
SEC. 224. PILOT PROGRAM TO SUPPORT THE DEVELOPMENT OF PATENTABLE
INVENTIONS IN THE DEPARTMENT OF THE NAVY.
(a) In General.--The Secretary of the Navy may carry out a pilot
program to expand the support available to covered personnel who seek
to engage in the development of patentable inventions that--
(1) have applicablity to the job-related functions of such
personnel; and
(2) may have applicability in the civilian sector.
(b) Activities.--As part of the pilot program under subsection (a),
the Secretary of the Navy may--
(1) expand outreach to covered personnel regarding the
availability of patent-related training, legal assistance, and
other support for personnel interested in developing patentable
inventions;
(2) expand the availability of patent-related training to
covered personnel, including by making such training available
online;
(3) clarify and issue guidance detailing how covered personnel,
including personnel outside of the laboratories and other research
organizations of the Department of the Navy, may--
(A) seek and receive support for the development of
patentable inventions; and
(B) receive a portion of any royalty or other payment as an
inventor or coinventor such as may be due under section
14(a)(1)(A)(i) of the Stevension-Wylder Technology Innovation
Act of 1980 (15 U.S.C. 3710c(a)(1)(A)(i)); and
(4) carry out other such activities as the Secretary determines
appropriate in accordance with the purposes of the pilot program.
(c) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate three years after the date of the
enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``covered personnel'' means members of the Navy
and Marine Corps and civilian employees of the Department of the
Navy, including members and employees whose primary duties do not
involve research and development.
(2) The term ``patentable invention'' means an invention that
is patentable under title 35, United States Code.
SEC. 225. PILOT PROGRAM TO FACILITATE THE DEVELOPMENT OF BATTERY
TECHNOLOGIES FOR WARFIGHTERS.
(a) Establishment.--
(1) In general.--The Secretary of Defense may establish and
carry out a pilot program to assess the feasibility and
advisability of providing support to battery producers--
(A) to facilitate the research and development of safe and
secure battery technologies for existing and new or novel
battery chemistry configurations, including through the
research and development of new or updated manufacturing
processes and technologies;
(B) to assess commercial battery offerings within the
marketplace for viability and utility for warfighter
applications; and
(C) to transition battery technologies, including
technologies developed under other pilot programs, prototype
projects, or other research and development programs, from the
prototyping phase to manufacturing production.
(2) Designation.--The pilot program established under paragraph
(1) shall be known as the ``Warfighter Electric Battery Transition
Project'' (referred to in this section as the ``Project'').
(3) Administration.--The Under Secretary of Defense for
Research and Engineering shall administer the Project.
(b) Grants, Contracts, and Other Agreements.--The Secretary of
Defense may carry out the Project through the award of support, as
described in subsection (a)(1), in the form of grants to, or contracts
or other agreements with, battery producers.
(c) Coordination.--The Secretary of Defense shall ensure that
activities under the Project are coordinated with the Strategic
Environmental Research and Development Program under section 2901 of
title 10, United States Code.
(d) Use of Grant and Contract Amounts.--A battery producer who
receives a grant, contract, or other agreement under the Project may
use the amount of the grant, contract, or other agreement to carry out
one or more of the following activities:
(1) Conducting research and development to validate new or
novel battery chemistry configurations, including through--
(A) experimentation;
(B) prototyping;
(C) testing;
(D) adapting battery technology to integrate with other
technologies and systems; or
(E) addressing manufacturing or other production
challenges.
(2) Providing commercially available battery technologies to
each Secretary of a military department and the commanders of the
combatant commands to support utility assessments or other testing
by warfighters.
(3) Expanding, validating, or assessing battery recycling
capabilities that may provide operational utility to the Department
of Defense.
(4) Building and strengthening relationships of the Department
of Defense with nontraditional defense contractors in the
technology industry that may have unused or underused solutions to
specific operational challenges of the Department relating to
battery technology.
(e) Priority of Awards.--In awarding grants, contracts, or other
agreements under the Project, the Secretary shall give preference to
battery producers that meet one or more of the following criteria:
(1) The producer manufactures, designs, or develops battery
cells, packs, modules, or other related capabilities in the United
States.
(2) The producer manufactures, designs, or develops battery
cells, packs, modules, or other related capabilities in the
national technology and industrial base (as defined in section 4801
of title 10, United States Code).
(3) The technology made available by the producer provides
modularity to support diverse applications.
(4) The technology made available by the producer facilitates
safety in tactical and combat applications by using battery
chemistries and configurations that reduce thermal runaway and
minimize oxygen liberation.
(5) The producer demonstrates new or novel battery chemistry
configurations, safety characteristics, or form-factor
configurations.
(6) The producer facilitates the domestic supply chain for raw
materials needed for battery production.
(7) The producer offers battery-related commercial products or
commercial services.
(f) Planning, Reporting and Data Collection.--
(1) Plan required before implementation.--
(A) In general.--The Secretary of Defense may not commence
the Project until the Secretary has completed a plan for the
implementation of the Project.
(B) Elements.--The plan under subparagraph (A) shall
provide for--
(i) collecting, analyzing, and retaining Project data;
(ii) developing and sharing best practices for
achieving the objectives of the Project;
(iii) identification of any policy or regulatory
impediments inhibiting the execution of the Project; and
(iv) sharing results from the Project across the
Department of Defense and with other departments and
agencies of the Federal Government and Congress.
(C) Submittal to congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees the
implementation plan developed under subparagraph (A).
(2) Final report.--Not later than one year after the date on
which the Project terminates under subsection (g), the Secretary of
Defense shall submit to the congressional defense committees a
final report on the results of the Project. Such report shall
include--
(A) a summary of the objectives achieved by the Project;
and
(B) recommendations regarding the steps that may be taken
to promote battery technologies that are not dependent on
foreign competitors to meet the needs of the Armed Forces.
(g) Termination.--The authority to carry out the Project shall
terminate on December 31, 2028.
Subtitle C--Plans, Reports, and Other Matters
SEC. 231. MODIFICATION TO ANNUAL REPORTS OF THE DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.
Section 139(h)(3) of title 10, United States Code, is amended--
(1) by inserting ``or controlled unclassified'' after
``classified''; and
(2) by striking ``submit an unclassified version of the report
to Congress'' and inserting ``submit to Congress a version of the
report that is unclassified and does not require safeguarding or
dissemination controls''.
SEC. 232. EXTENSION OF REQUIREMENT FOR QUARTERLY BRIEFINGS ON
STRATEGY FOR FIFTH GENERATION INFORMATION AND COMMUNICATIONS
TECHNOLOGIES.
Section 254(d)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 4571 note) is amended,
in the matter preceding subparagraph (A), by striking ``March 15,
2022'' and inserting ``December 1, 2026''.
SEC. 233. PLAN FOR INVESTMENTS TO SUPPORT THE DEVELOPMENT OF NOVEL
PROCESSING APPROACHES FOR DEFENSE APPLICATIONS.
(a) Investment Plans Required.--Not later than November 1, 2023,
and not less frequently than once every three years thereafter until
December 31, 2035, the Secretary of Defense shall submit to the
congressional defense committees a plan for making investments to
support the development of novel processing approaches for defense
applications.
(b) Elements.--Each investment plan required by subsection (a)
shall--
(1) identify any investments the Secretary has made, and any
future investments the Secretary intends to make, in research and
technology development to support the use and fielding of novel
processing approaches for defense applications;
(2) identify any investments the Secretary has made, and any
future investments the Secretary intends to make, to accelerate the
development of novel processing approaches for defense
applications, including investments in--
(A) personnel and workforce capabilities;
(B) facilities and infrastructure to host systems utilizing
novel processing approaches;
(C) algorithm developments necessary to expand the
functionality of each novel processing approach;
(D) other Federal agencies and federally funded
laboratories; and
(E) appropriate international and commercial sector
organizations and activities;
(3) describe mechanisms to coordinate and leverage investments
in novel processing approaches within the Department and with non-
Federal partners;
(4) describe the technical goals to be achieved and
capabilities to be developed under the plan; and
(5) include recommendations for such legislative or
administration actions as may support the effective execution of
the investment plan.
(c) Form.--Each plan submitted under subsection (a) shall be
submitted in such form as the Secretary considers appropriate, which
may include classified, unclassified, and publicly releasable formats.
(d) Novel Processing Approaches Defined.--In this section, the term
``novel processing approaches'' means--
(1) emerging techniques in computation, such as biocomputing,
exascale computing, utility scale quantum computing; and
(2) associated algorithm and hardware development needed to
implement such techniques.
SEC. 234. PLANS TO ACCELERATE THE TRANSITION TO 5G INFORMATION AND
COMMUNICATIONS TECHNOLOGY WITHIN THE MILITARY DEPARTMENTS.
(a) Three-year Transition Plan Required.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, each Assistant Secretary concerned shall
develop and submit to the congressional defense committees a plan
that specifies--
(A) the extent to which fifth generation information and
communications technology (5G) infrastructure is expected to be
implemented in the military department of the Assistant
Secretary by the end of the three-year period following the
date of the enactment of this Act; and
(B) how the implementation of such technology is expected
to be achieved during such period.
(2) Elements.--Each plan required under paragraph (1) shall
include--
(A) an operational needs assessment that identifies the
highest priority areas in which the Assistant Secretary intends
to implement fifth generation information and communications
technologies during the three-year period described in
paragraph (1);
(B) an explanation of--
(i) whether and to what extent the Assistant Secretary
intends to use an open radio access network approach in
implementing fifth generation information and
communications technologies in the areas identified under
subparagraph (A); and
(ii) if the Assistant Secretary does not intend to use
such an open radio access network approach, an explanation
of the reasons for such determination;
(C) an investment plan that includes funding estimates, by
fiscal year and appropriation account, to accelerate--
(i) the maturation and acquisition of fifth generation
information and communications capabilities that use the
open radio access network approach; and
(ii) the deployment of such capabilities in the
facilities and systems of the military department
concerned;
(D) metrics and reporting mechanisms to ensure progress in
achieving the objectives of the plan within the three-year
period described in paragraph (1);
(E) identification and designation of a single point of
contact at each military installation and within each armed
force under the jurisdiction of the military department
concerned to facilitate the deployment of fifth generation
information and communications technologies;
(F) actions the Assistant Secretary intends to carry out to
streamline the process for establishing fifth generation
wireless coverage at military installations, including actions
to reduce delays caused by policies and processes relating to
contracting, communications, and the use of real property;
(G) identification of investments that are required to
support the transition to fifth generation information and
communications technology that uses an open radio access
network approach; and
(H) such other matters as the Assistant Secretary considers
appropriate.
(3) Coordination.--In developing the plans required under
paragraph (1), each Assistant Secretary concerned shall coordinate
with--
(A) the Chief Information Officer of the Department of
Defense;
(B) and the Under Secretary of Defense for Acquisition and
Sustainment; and
(C) the Under Secretary of Defense for Research and
Engineering.
(4) Form of plan.--Each plan required under paragraph (1) shall
be submitted in unclassified form.
(b) Cross-functional Team Assessment.--
(1) Assessment and briefing required.--After all of the plans
required by subsection (a)(1) have been submitted in accordance
with such subsection and not later than 150 days after the date of
the enactment of this Act, the cross-functional team established
pursuant to section 224(c)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 4571 note) shall assess such plans and provide
to the congressional defense committees a briefing on the findings
of the team with respect to such assessment.
(2) Elements.--The briefing provided under paragraph (1) shall
include the following:
(A) Recommendations to further accelerate the deployment of
fifth-generation information and communications technologies
that use the open radio access network approach across the
Department of Defense.
(B) Recommendations to standardize and streamline the
process for establishing fifth generation wireless coverage at
military installations, including recommendations for reducing
delays caused by policies and processes relating to
contracting, communications, and the use of real property.
(C) A plan for the inclusion of representatives of the
Department of Defense in international wireless standards-
setting bodies.
(D) Such other matters as the cross-functional team
described in paragraph (1) considers appropriate.
(c) Definitions.--In this section:
(1) The term ``Assistant Secretary concerned'' means--
(A) the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology, with respect to matters concerning
the Department of the Army;
(B) the Assistant Secretary of the Navy for Research,
Development, and Acquisition, with respect to matters
concerning the Department of the Navy; and
(C) the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics, with respect to matters
concerning the Department of the Air Force.
(2) The term ``open radio access network approach'' means an
approach to networking, such as the Open Radio Access Network
(commonly known as ``Open RAN''), that uses open protocols and
interfaces within a network so that components provided by
different vendors can be interoperable.
SEC. 235. PLAN FOR DEFENSE ADVANCED RESEARCH PROJECTS AGENCY
INNOVATION FELLOWSHIP PROGRAM.
(a) In General.--The Director of the Defense Advanced Research
Projects Agency shall develop a plan for the establishment of a
fellowship program (to be known as the ``Innovation Fellowship
Program'') to expand opportunities for early career scientists to
participate in the programs, projects, and other activities of the
Agency.
(b) Elements.--In developing the plan under subsection (a), the
Director of the Defense Advanced Research Projects Agency shall--
(1) review the types of programs, projects, and other
activities of the Agency that may be open to participation from
early career scientists to identify opportunities for the expansion
of such participation;
(2) identify criteria for evaluating applicants to the
fellowship program described in subsection (a);
(3) establish detailed plans for the implementation of the
fellowship program;
(4) conduct an assessment of the potential costs of the
fellowship program;
(5) define eligibility requirements for participants in the
fellowship program; and
(6) address such other matters as the Director determines
appropriate.
(c) Submittal to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Director of the Defense Advanced
Research Projects Agency shall submit to the congressional defense
committee a report that includes--
(1) the plan developed under subsection (a); and
(2) recommendations for expanding opportunities for early
career scientists to participate in the programs, projects, and
other activities of the Agency.
(d) Early Career Scientist Defined.--The term ``early career
scientist'' means a scientist who is in an early stage of career
development according to criteria determined by the Director of the
Defense Advanced Research Projects Agency for purposes of this section.
SEC. 236. STRATEGY AND PLAN FOR FOSTERING AND STRENGTHENING THE
DEFENSE INNOVATION ECOSYSTEM.
(a) Strategy and Implementation Plan Required.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense, acting through the Under Secretary of Defense for Research and
Engineering, shall develop--
(1) a strategy fostering and strengthening the defense
innovation ecosystem; and
(2) a plan for implementing such strategy.
(b) Purposes.--
(1) Strategy.--The purpose of the strategy required by
subsection (a)(1) is to provide a framework for identifying,
assessing, and tracking innovation ecosystems that are beneficial
to advancing the defense, national security, and warfighting
missions of the Department of Defense.
(2) Implementation plan.--The purpose of the implementation
plan required by subsection (a)(2) is to provide--
(A) concrete steps and measures of effectiveness to gauge
the effect of the innovation ecosystems described in paragraph
(1) on the Department; and
(B) a means for assessing the effectiveness of the strategy
developed under subsection (a)(1), including the approaches
taken by the Department to grow, foster, and sustain such
innovation ecosystems.
(c) Elements.--The strategy and the implementation plan required by
subsection (a) shall include the following elements:
(1) A process for defining, assessing, and selecting innovation
ecosystems with potential to provide benefit to the Department of
Defense.
(2) Metrics for measuring the performance and health of
innovation ecosystems being supported by the Department, including
identification of criteria to determine when to support or cease
supporting identified ecosystems.
(3) Identification of the authorities and Department of Defense
research, development, test, and evaluation assets that can be used
to identify, establish, sustain, and expand innovation ecosystems.
(4) For each innovation ecosystem supported by the Department--
(A) a description of the core competencies or focus areas
of the ecosystem;
(B) identification of any organizations or elements of the
Department that engage with the ecosystem;
(C) identification of the private sector assets that are
being used to support, sustain, and expand the identified
innovation ecosystem; and
(D) a description of any challenges and successes
associated with such ecosystem.
(5) Such other elements as the Secretary considers appropriate.
(d) Interim Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the strategy and
implementation plan developed under subsection (a).
(e) Submittal of Strategy and Plan.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees the strategy and
implementation plan developed under subsection (a).
(f) Quadrennial Updates.--Not later than March 1, 2027, and not
less frequently than once ever four years thereafter until December 31,
2039, the Secretary shall--
(1) update the strategy and plan developed under subsection
(a); and
(2) submit the updated strategy and plan to the congressional
defense committees.
(g) Definitions.--In this section:
(1) The term ``Department of Defense research, development,
test, and evaluation assets'' includes the following:
(A) The Department of Defense science and technology
reinvention laboratories designated under section 4121 of title
10, United States Code.
(B) The Major Range and Test Facility Base (as defined in
section 4173(i) of such title).
(C) Department of Defense sponsored manufacturing
innovation institutes.
(D) The organic industrial base.
(E) Defense Agencies and Department of Defense Field
Activities (as defined in section 101(a) of title 10, United
States Code) that carry out activities using funds appropriated
for research, development, test, and evaluation.
(F) Any other organization or element of the Department of
Defense that carries out activities using funds appropriated
for research, development, test, and evaluation.
(2) The term ``innovation ecosystem'' refers to a regionally
based network of private sector, academic, and government
institutions in a network of formal and informal institutional
relationships that contribute to technological and economic
development in a defined technology sector or sectors.
SEC. 237. ASSESSMENT AND STRATEGY RELATING TO HYPERSONIC TESTING
CAPACITY OF THE DEPARTMENT OF DEFENSE.
(a) Assessment.--The Secretary of Defense shall assess the capacity
of the Department of Defense to test, evaluate, and qualify the
hypersonic capabilities and related technologies of the Department.
(b) Elements.--The assessment under subsection (a) shall include
the following:
(1) An assumption, for purposes of evaluating the capacity
described in subsection (a), that the Department of Defense will
conduct at least one full-scale, operationally relevant, live-fire,
hypersonic weapon test of each hypersonic weapon system that is
under development each year by each of the Air Force, the Army, and
the Navy, once such system reaches initial operational capability.
(2) An identification of test facilities outside the Department
of Defense that have potential to be used to expand the capacity
described in subsection (a), including test facilities of other
departments and agencies of the Federal Government, academia, and
commercial test facilities.
(3) An analysis of the capability of each test facility
identified under paragraph (2) to simulate various individual and
coupled hypersonic conditions to accurately simulate a realistic
flight-like environment with all relevant aero-thermochemical
conditions.
(4) An identification of the coordination, scheduling,
reimbursement processes, and requirements needed for the potential
use of test facilities of other departments and agencies of the
Federal Government, as available.
(5) An analysis of the test frequency, scheduling lead time,
test cost, and capacity of each test facility identified under
paragraph (2).
(6) A review of test facilities identified under paragraph (2)
that could enhance efforts to test flight vehicles of the
Department in all phases of hypersonic flight, and other
technologies, including sensors, communications, thermal protective
shields and materials, optical windows, navigation, and
environmental sensors.
(7) An assessment of any cost savings and time savings that
could result from using technologies identified in the strategy
under subsection (c).
(c) Strategy.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a strategy to coordinate the
potential use of test facilities and ranges identified under
subsection (b)(2) to evaluate hypersonic technologies.
(2) Elements.--The strategy under paragraph (1) shall--
(A) be based on the assessment under subsection (a);
(B) address how the Secretary will coordinate with other
departments and agencies of the Federal Government, including
the National Aeronautics and Space Administration, to plan for
and schedule the potential use of other Federal Government-
owned test facilities and ranges, as available, to evaluate the
hypersonic technologies of the Department of Defense;
(C) to the extent practicable, address in what cases the
Secretary can use test facilities identified under subsection
(b)(2) to fill any existing testing requirement gaps to enhance
and accelerate flight qualification of critical hypersonic
technologies of the Department;
(D) identify--
(i) the resources needed to improve the frequency and
capacity for testing hypersonic technologies of the
Department at ground-based test facilities and flight test
ranges, including estimated costs for conducting at least
one full-scale, operationally relevant, live-fire,
hypersonic weapon test of each hypersonic weapon system
that is under development each year by each of the Air
Force, the Army, and the Navy, once such system reaches
initial operational capability;
(ii) the resources needed to reimburse other
departments and agencies of the Federal Government for the
use of the test facilities and ranges of those departments
or agencies to test the hypersonics technologies of the
Department;
(iii) the requirements, approval processes, and
resources needed to enhance, as appropriate, the testing
capabilities and capacity of other Federal Government-owned
test facilities and flight ranges, in coordination with the
heads of the relevant departments and agencies;
(iv) investments that the Secretary can make to
incorporate test facilities identified under subsection
(b)(2) into the overall hypersonic test infrastructure of
the Department of Defense; and
(v) the environmental conditions, testing sizes, and
duration required for flight qualification of both
hypersonic cruise and hypersonic boost-glide technologies
of the Department; and
(E) address all advanced or emerging technologies that
could shorten timelines and reduce costs for hypersonic missile
testing, including with respect to--
(i) 3D printing of hypersonic test missile components
including the frame, warhead, and propulsion systems;
(ii) reusable hypersonic test beds, including air-
launched, sea-launched, and ground-launched options;
(iii) additive manufacturing solutions;
(iv) the potential use of airborne platforms other than
the B-52 aircraft to improve flight schedules for such
testing; and
(v) other relevant technologies.
(3) Coordination.--The Secretary of Defense shall develop the
strategy under paragraph (1) in coordination with the Program
Director of the Joint Hypersonics Transition Office, the
Administrator of the National Aeronautics and Space Administration,
the research laboratories of the military departments, and the
Department of Defense Test Resource Management Center.
(d) Report on Estimated Costs of Conducting a Minimum Frequency of
Hypersonic Weapons Testing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report that includes an estimate
of the costs of conducting at least one full-scale, operationally
relevant, live-fire, hypersonic weapon test of each hypersonic weapon
system that is under development each year by each of the Air Force,
the Army, and the Navy, once such system reaches initial operational
capability.
(e) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
SEC. 238. ANNUAL REPORT ON STUDIES AND REPORTS OF FEDERALLY FUNDED
RESEARCH AND DEVELOPMENT CENTERS.
(a) Annual Report Required.--On an annual basis, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report that identifies and provides
information about the studies and reports undertaken for the Department
of Defense by federally funded research and development centers.
(b) Elements.--Each report submitted under subsection (a) shall set
forth the following:
(1) A list identifying each study and report undertaken by a
federally funded research center for the Department of Defense--
(A) that has been completed during the period covered by
the report under subsection (a); or
(B) that is in progress as of the date of the report under
subsection (a).
(2) For each study and report listed under paragraph (1), the
following:
(A) The title of the study or report.
(B) The federally funded research and development center
undertaking the study or report.
(C) The amount of funding provided to the federally funded
research and development center under the contract or other
agreement pursuant to which the study or report is being
produced or conducted.
(D) The completion date or anticipated completion date of
the study or report.
(c) Exceptions.--The report required by subsection (a) shall not
apply to the following:
(1) Classified reports or studies.
(2) Technical reports associated with scientific research or
technical development activities.
(3) Any report or study undertaken pursuant to a contract or
other agreement between a federally funded research and development
center and an entity outside the Department of Defense.
(4) Reports or studies that are in draft form or that have not
undergone a peer-review or prepublication security review process
established by the federally funded research and development center
concerned.
(d) Special Rule.--Each report under subsection (a) shall be
generated using the products and processes generated pursuant to
section 908 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
111 note).
(e) Termination.--The requirement to submit annual reports under
subsection (a) shall terminate on the date that is three years after
the date of the enactment of this Act.
SEC. 239. REPORT ON RECOMMENDATIONS FROM ARMY FUTURES COMMAND
RESEARCH PROGRAM REALIGNMENT STUDY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
congressional defense committees a report on the recommendations set
forth in the publication of the National Academies of Sciences,
Engineering, and Medicine titled ``Consensus Study Report: U.S. Army
Futures Command Research Program Realignment'' and dated April 23,
2022.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) A description of each recommendation described in such
subsection that has already been implemented.
(2) A description of each recommendation described in such
subsection that the Secretary has commenced implementing, including
a justification for determining to commence implementing the
recommendation.
(3) A description of each recommendation described in such
subsection that the Secretary has not implemented or commenced
implementing and a determination as to whether or not to implement
the recommendation.
(4) For each recommendation under paragraph (3) the Secretary
determines to implement, the following:
(A) A timeline for implementation.
(B) A description of any additional resources or
authorities required for implementation.
(C) The plan for implementation.
(5) For each recommendation under paragraph (3) the Secretary
determines not to implement, a justification for the determination
not to implement.
(c) Format.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 240. REPORT ON POTENTIAL FOR INCREASED UTILIZATION OF THE
ELECTRONIC PROVING GROUNDS TESTING RANGE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Chair of the Electronic Warfare Executive Committee of the Department
of Defense, shall submit to the congressional defense committees a
report on the Electronic Proving Grounds testing range located at Fort
Huachuca, Arizona.
(b) Elements.--The report under subsection (a) shall address--
(1) the amount and types of testing activities conducted at the
Electronic Proving Grounds testing range;
(2) any shortfalls in the facilities and equipment of the
range;
(3) the capacity of the range to be used for additional testing
activities;
(4) the possibility of using the range for the testing
activities of other Armed Forces, Federal agencies, and private-
sector entities in the United States;
(5) the capacity of the range to be used for realistic
electronic warfare training;
(6) electronic warfare training shortfalls at domestic military
installations generally; and
(7) the feasibility and advisability of providing a dedicated
training area for electronic warfare capabilities.
(c) Consultation.--In preparing the report under subsection (a),
the Chair of the Electronic Warfare Executive Committee shall consult
with the following:
(1) The Under Secretary of Defense for Research and
Engineering.
(2) The Chief Information Officer of the Department of Defense.
(3) The Director of Operational Test and Evaluation of the
Department of Defense.
(4) The Commander of the United States Strategic Command.
(5) The Secretary of the Army.
(6) The Electromagnetic Spectrum Operations Cross-Functional
Team established pursuant to section 911(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 111 note).
(7) The governments of Cochise County and Sierra Vista,
Arizona.
SEC. 241. STUDY ON COSTS ASSOCIATED WITH UNDERPERFORMING SOFTWARE
AND INFORMATION TECHNOLOGY.
(a) Study Required.--The Secretary of Defense shall seek to enter
into a contract or other agreement with an eligible entity to conduct
an independent study on the challenges associated with the use of
software and information technology in the Department of Defense, the
effects of such challenges, and potential solutions to such challenges.
(b) Elements.--The independent study conducted under subsection (a)
shall include the following:
(1) A survey of members of each Armed Force under the
jurisdiction of a Secretary of a military department to identify
the most important software and information technology challenges
that result in lost working hours, including--
(A) an estimate of the number of working hours lost due to
each challenge and the cost of such lost working hours;
(B) the effects of each challenge on servicemember and
employee retention; and
(C) any negative effects of each challenge on a mission of
the Armed Force or military department concerned.
(2) A summary of the policy or technical challenges that limit
the ability of each Secretary of a military department to implement
needed software and information technology reforms, which shall be
determined based on interviews conducted with individuals who serve
as a chief information officer (or an equivalent position) in a
military department.
(3) Development of a framework for assessing underperforming
software and information technology, with an emphasis on
foundational information technology to standardize the measurement
and comparison of programs across the Department of Defense and its
component organizations. Such a framework shall enable the
assessment of underperforming software and information technology
based on--
(A) designs, interfaces, and functionality which prioritize
user experience and efficacy;
(B) costs due to lost productivity;
(C) reliability and sustainability;
(D) comparisons between--
(i) outdated or outmoded information technologies,
software, and applications; and
(ii) modern information technologies, software, and
applications;
(E) overhead costs for software and information technology
in the Department compared to the overhead costs for comparable
software and information technology in the private sector;
(F) comparison of the amounts the Department planned to
expend on software and information technology services versus
the amounts actually spent for such software and services;
(G) the mean amount of time it takes to resolve technical
problems reported by users;
(H) the average rate, expressed in time, for remediating or
patching weaknesses or flaws in information technologies,
software, and applications;
(I) workforce training time; and
(J) customer satisfaction.
(4) The development of recommendations--
(A) to address the challenges identified under paragraph
(1); and
(B) to improve the processes through which the Secretary
provides software and information technology throughout the
Department, including through--
(i) business processes reengineering;
(ii) improvement of procurement or sustainment
processes;
(iii) remediation of hardware and software technology
gaps; and
(iv) the development of more detailed and effective
cost estimates.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the eligible entity that conducts the study
under subsection (a) shall submit to the Secretary of Defense and the
congressional defense committees a report on the results of such study.
(d) Definitions.--In this section:
(1) The term ``eligible entity'' means an independent entity
not under the direction or control of the Secretary of Defense,
which may include a department or agency of the Federal Government
outside the Department of Defense.
(2) The term ``software and information technology'' does not
include embedded software and information technology used for
weapon systems.
SEC. 242. STUDY AND REPORT ON SUFFICIENCY OF OPERATIONAL TEST AND
EVALUATION RESOURCES SUPPORTING CERTAIN MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Study.--The Director of Operational Test and Evaluation of the
Department of Defense shall conduct a study of at least one major
defense acquisition program within each covered Armed Force to
determine the sufficiency of the operational test and evaluation
resources supporting such program.
(b) Elements.--The study under subsection (a) shall include, with
respect to each major defense acquisition program evaluated as part of
the study, the following:
(1) Identification and assessment of the operational test and
evaluation resources supporting the program--
(A) as of the date of the study;
(B) during the five-year period preceding the date of the
study; and
(C) over the period covered by the most recent future-years
defense program submitted to Congress under section 221 of
title 10, United States Code.
(2) For any operational test and evaluation resources
determined to be insufficient to meet the needs of the program, an
evaluation of the amount of additional funding and any other
support that may be required to ensure the sufficiency of such
resources.
(3) The amount of Government-funded, contractor-provided
operational test and evaluation resources--
(A) provided for the program as of the date of the study;
and
(B) that are planned to be provided for the program after
such date.
(4) Such other matters as the Director of Operational Test and
Evaluation determines to be relevant to the study.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Director of Operational Test and Evaluation
shall submit to the congressional defense committees a report on the
results of the study conducted under subsection (a).
(d) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the Army, the Navy,
the Marine Corps, the Air Force, and the Space Force.
(2) The term ``major defense acquisition program'' has the
meaning given that term in section 4201 of title 10, United States
Code.
(3) The term ``operational test and evaluation resources''
means the facilities, specialized test assets, schedule, workforce,
and any other resources supporting operational test and evaluation
activities under a major defense acquisition program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program
for State-owned facilities of the National Guard with proven
exposure of hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of
Department of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals
and energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-
biofuel-powered, or hydrogen-powered vehicles for the
Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense
relating to renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance
and promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint
requirements for future operational energy needs of Department
of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to
extreme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at
certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging
solutions to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries
through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense
sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on
military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of
Department of Defense with electric vehicles, advanced-
biofuel-powered vehicles, or hydrogen-powered vehicles.
Subtitle C--Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at
Red Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States
Indo-Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red
Hill Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage
Facility.
Sec. 337. Briefing on Department of Defense efforts to track health
implications of fuel leaks at Red Hill Bulk Fuel Storage
Facility.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 342. Increase of transfer authority for funding of study and
assessment on health implications of per- and polyfluoroalkyl
substances contamination in drinking water by Agency for Toxic
Substances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of testing
for perfluoroalkyl or polyfluoroalkyl substances on private
property.
Sec. 345. Restriction on procurement or purchasing by Department of
Defense of turnout gear for firefighters containing
perfluoroalkyl substances or polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military
installations from sources other than aqueous film-forming
foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of
Defense procurement of certain items containing PFOS or PFOA.
Subtitle E--Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics
and objectives for major defense acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval
vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in
readiness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for
relief efforts following major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on
duration of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations
regarding Shipyard Infrastructure Optimization Plan of the
Navy.
Sec. 357. Limitation on availability of funds for military information
support operations.
Sec. 358. Notification of modification to policy regarding retention
rates for Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in
United States and effect of those shipyards on Naval fleet
readiness.
Sec. 360. Independent study relating to fuel distribution logistics
across United States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel
distribution points in United States Indo-Pacific Command area
of responsibility.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
Sec. 371. Budgeting for depot and ammunition production facility
maintenance and repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for
unspecified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition
production facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-
level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds
expended for performance of depot-level maintenance and repair
workloads.
Sec. 377. Clarification of calculation for certain workload carryover of
Department of the Army.
Subtitle G--Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of
Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using
military working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard
responsibilities in connection with natural and man-made
disasters.
Sec. 385. Support for training of National Guard personnel on wildfire
prevention and response.
Sec. 386. Interagency collaboration and extension of pilot program on
military working dogs and explosives detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military
installations.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of
members of the Armed Forces for uniform items.
Sec. 391. Implementation of recommendations relating to animal facility
sanitation and plan for housing and care of horses.
Sec. 392. Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and Technical Training
School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. CENTER FOR EXCELLENCE IN ENVIRONMENTAL SECURITY.
Chapter 7 of title 10, United States Code, is amended by inserting
after section 182 the following new section (and conforming the table
of sections at the beginning of such chapter accordingly):
``Sec. 182a. Center for Excellence in Environmental Security
``(a) Establishment.--The Secretary of Defense may operate a Center
for Excellence in Environmental Security (in this section referred to
as the `Center').
``(b) Missions.--(1) The Center shall be used to provide and
facilitate education, training, and research in civil-military
operations, particularly operations that require international
assistance and operations that require coordination between the
Department of Defense and other Federal agencies.
``(2) The Center shall be used to provide and facilitate education,
training, interagency coordination, and research on the following
additional matters:
``(A) Management of the consequences of environmental
insecurity with respect to--
``(i) access to water, food, and energy;
``(ii) related health matters; and
``(iii) matters relating to when, how, and why
environmental stresses to human safety, health, water, energy,
and food will cascade to economic, social, political, or
national security events.
``(B) Appropriate roles for the reserve components in response
to environmental insecurity resulting from natural disasters.
``(C) Meeting requirements for information in connection with
regional and global disasters, including through the use of
advanced communications technology as a virtual library.
``(3) The Center shall perform such other missions as the Secretary
of Defense may specify.
``(4) To assist the Center in carrying out the missions under this
subsection, upon request of the Center, the head of any Federal agency
may grant to the Center access to the data, archives, and other
physical resources (including facilities) of that agency, and may
detail any personnel of that agency to the Center, for the purpose of
enabling the development of global environmental indicators.
``(c) Joint Operation With Educational Institution Authorized.--The
Secretary of Defense may enter into an agreement with appropriate
officials of an institution of higher education to provide for the
operation of the Center. Any such agreement shall provide for the
institution to furnish necessary administrative services for the
Center, including by directly providing such services or providing the
funds for such services.
``(d) Acceptance of Donations.--(1) Except as provided in paragraph
(2), the Secretary of Defense may accept, on behalf of the Center,
donations to be used to defray the costs of the Center or to enhance
the operation of the Center. Such donations may be accepted from any
agency of the Federal Government, any State or local government, any
foreign government, any foundation or other charitable organization
(including any that is organized or operates under the laws of a
foreign country), or any other private source in the United States or a
foreign country.
``(2) The Secretary may not accept a donation under paragraph (1)
if the acceptance of the donation would compromise or appear to
compromise--
``(A) the ability of the Department of Defense, any employee of
the Department, or any member of the armed forces, to carry out any
responsibility or duty of the Department or the armed forces in a
fair and objective manner; or
``(B) the integrity of any program of the Department of Defense
or of any person involved in such a program.
``(3) The Secretary shall prescribe written guidance setting forth
the criteria to be used in determining whether or not the acceptance of
a foreign donation under paragraph (1) would have a result described in
paragraph (2).
``(4) Funds accepted by the Secretary under paragraph (1) as a
donation on behalf of the Center shall be credited to appropriations
available to the Department of Defense for the Center. Funds so
credited shall be merged with the appropriations to which credited and
shall be available for the Center for the same purposes and the same
period as the appropriations with which merged.''.
SEC. 312. PARTICIPATION IN POLLUTANT BANKS AND WATER QUALITY
TRADING.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2694c the following new section:
``Sec. 2694d. Participation in pollutant banks and water quality
trading
``(a) Authority to Participate.--The Secretary of a military
department, and the Secretary of Defense with respect to matters
concerning a Defense Agency, when engaged in an authorized activity
that may or will result in the discharge of pollutants, may make
payments to a pollutant banking program or water quality trading
program approved in accordance with the Water Quality Trading Policy
dated January 13, 2003, set forth by the Office of Water of the
Environmental Protection Agency, or any successor administrative
guidance or regulation.
``(b) Treatment of Payments.--Payments made under subsection (a) to
a pollutant banking program or water quality trading program may be
treated as eligible project costs for military construction.
``(c) Discharge of Pollutants Defined.--In this section, the term
`discharge of pollutants' has the meaning given that term in section
502(12) of the Federal Water Pollution Control Act (33 U.S.C. 1362(12))
(commonly referred to as the `Clean Water Act').''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2694c following new item:
``2694d. Participation in pollutant banks and water quality trading.''.
SEC. 313. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL RESTORATION
PROGRAM FOR STATE-OWNED FACILITIES OF THE NATIONAL GUARD WITH
PROVEN EXPOSURE OF HAZARDOUS SUBSTANCES AND WASTE.
(a) Definition of State-owned National Guard Facility.--Section
2700 of title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(4) The term `State-owned National Guard facility' includes
land owned and operated by a State when such land is used for
training the National Guard pursuant to chapter 5 of title 32 with
funds provided by the Secretary of Defense or the Secretary of a
military department, even though such land is not under the
jurisdiction of the Department of Defense.''.
(b) Authority for Defense Environmental Restoration Program.--
Section 2701(a)(1) of such title is amended, in the first sentence, by
inserting ``and at State-owned National Guard facilities'' before the
period.
(c) Responsibility for Response Actions.--Section 2701(c)(1) of
such title is amended by adding at the end the following new
subparagraph:
``(D) Each State-owned National Guard facility being used
for training the National Guard pursuant to chapter 5 of title
32 with funds provided by the Secretary of Defense or the
Secretary of a military department at the time of actions
leading to contamination by hazardous substances or pollutants
or contaminants.''.
SEC. 314. RENEWAL OF ANNUAL ENVIRONMENTAL AND ENERGY REPORTS OF
DEPARTMENT OF DEFENSE.
(a) Environmental Report.--Section 2711 of title 10, United States
Code, is amended by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) Report Required.--Not later than March 31 of each year, the
Secretary of Defense shall submit to Congress a report on progress made
by environmental programs of the Department of Defense during the
preceding fiscal year.
``(b) Elements.--Each report under subsection (a) shall include,
for the year covered by the report, the following:
``(1) With respect to environmental restoration activities of
the Department of Defense, and for each of the military
departments, information on the Defense Environmental Restoration
Program under section 2701 of this title, including--
``(A) the total number of sites at which such program was
carried out;
``(B) the progress of remediation for sites that have not
yet completed cleanup;
``(C) the remaining cost to complete cleanup of known
sites; and
``(D) an assessment by the Secretary of Defense of the
overall progress of such program.
``(2) An assessment by the Secretary of achievements for
environmental conservation and planning by the Department.
``(3) An assessment by the Secretary of achievements for
environmental compliance by the Department.
``(4) An assessment by the Secretary of achievements for
climate resiliency by the Department.
``(5) An assessment by the Secretary of the progress made by
the Department in achieving the objectives and goals of the
Environmental Technology Program of the Department.
``(c) Consolidation.--The Secretary of Defense may consolidate,
attach with, or otherwise include in any report required under
subsection (a) any annual report or other requirement that is aligned
or associated with, or would be better understood if presented as part
of a consolidated report addressing environmental restoration,
compliance, and resilience.''.
(b) Energy Report.--
(1) In general.--Section 2925 of such title is amended--
(A) by amending the section heading to read as follows:
``Annual report on energy performance, resilience, and
readiness of Department of Defense''; and
(B) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) Report Required.--Not later than 240 days after the end of
each fiscal year, the Secretary of Defense shall submit to the
congressional defense committees a report detailing the fulfillment
during that fiscal year of the authorities and requirements under
sections 2688, 2911, 2912, 2920, and 2926 of this title, including
progress on energy resilience at military installations and the use of
operational energy in combat platforms and at contingency locations.
``(b) Elements.--Each report under subsection (a) shall include the
following:
``(1) For the year covered by the report, the following:
``(A) A description of the progress made to achieve the
goals of the Energy Policy Act of 2005 (Public Law 109-58),
section 2911(g) of this title, and the Energy Independence and
Security Act of 2007 (Public Law 110-140).
``(B) A description of the energy savings, return on
investment, and enhancements to installation mission assurance
realized by the fulfillment of the goals described in
subparagraph (A).
``(C) A description of and progress toward the energy
security, resilience, and performance goals and master planning
for the Department of Defense, including associated metrics
pursuant to subsections (c) and (d) of section 2911 of this
title and requirements under section 2688(g) of this title.
``(D) An evaluation of progress made by the Department in
implementing the operational energy strategy of the Department,
including the progress of key initiatives and technology
investments related to operational energy demand and
management.
``(E) Details of the amounts of any funds transferred by
the Secretary of Defense pursuant to section 2912 of this
title, including a detailed description of the purpose for
which such amounts have been used.
``(2) Statistical information on operational energy demands of
the Department, in terms of expenditures and consumption, for the
preceding five fiscal years, including information on funding made
available in regular defense appropriations Acts and any
supplemental appropriations Acts.
``(3) A description of each initiative related to the
operational energy strategy of the Department and a summary of
funds appropriated for each initiative in the previous fiscal year
and current fiscal year and requested for each initiative for the
next five fiscal years.
``(4) Such recommendations as the Secretary considers
appropriate for additional changes in organization or authority
within the Department to enable further implementation of the
energy strategy and such other comments and recommendations as the
Secretary considers appropriate.
``(c) Classified Form.--If a report under subsection (a) is
submitted in classified form, the Secretary of Defense shall,
concurrently with such report, submit to the congressional defense
committees an unclassified version of the report.
``(d) Consolidation.--The Secretary of Defense may consolidate,
attach with, or otherwise include in any report required under
subsection (a) any annual report or other requirement that is aligned
or associated with, or would be better understood if presented as part
of a consolidated report addressing energy performance, resilience, and
readiness.''.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter III of chapter 173 of such title is amended by
striking the item relating to section 2925 and inserting the
following new item:
``2925. Annual report on energy performance, resilience, and readiness
of Department of Defense.''.
(c) Continuation of Reporting Requirements.--
(1) In general.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1000; 10 U.S.C. 111 note) does not apply to the following
reports:
(A) The report required to be submitted to Congress under
section 2711 of title 10, United States Code.
(B) The report required to be submitted to Congress under
section 2925 of title 10, United States Code.
(2) Conforming repeal.--Section 1061(c) of National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 111 note) is amended by striking paragraphs (51) and (54).
SEC. 315. AGGREGATION OF ENERGY CONSERVATION MEASURES AND FUNDING.
Section 2911 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j) Aggregate Energy Conservation Measures and Funding.--(1) To
the maximum extent practicable, the Secretary concerned shall take a
holistic view of the energy project opportunities on installations
under the jurisdiction of such Secretary and shall consider aggregate
energy conservation measures, including energy conservation measures
with quick payback, with energy resilience enhancement projects and
other projects that may have a longer payback period.
``(2) In considering aggregate energy conservation measures under
paragraph (1), the Secretary concerned shall incorporate all funding
available to such Secretary for such measures, including--
``(A) appropriated funds, such as--
``(i) funds appropriated for the Energy Resilience and
Conservation Investment Program of the Department; and
``(ii) funds appropriated for the Facilities Sustainment,
Restoration, and Modernization program of the Department; and
``(B) funding available under performance contracts, such as
energy savings performance contracts and utility energy service
contracts.''.
SEC. 316. ADDITIONAL SPECIAL CONSIDERATIONS FOR ENERGY PERFORMANCE
GOALS AND ENERGY PERFORMANCE MASTER PLAN.
Section 2911(e) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(14) The reliability and security of energy resources in the
event of a military conflict.
``(15) The value of resourcing energy from partners and allies
of the United States.''.
SEC. 317. PURCHASE OR LEASE OF ELECTRIC, ZERO EMISSION, ADVANCED-
BIOFUEL-POWERED, OR HYDROGEN-POWERED VEHICLES FOR THE DEPARTMENT
OF DEFENSE.
(a) Requirement.--Section 2922g of title 10, United States Code, is
amended--
(1) in the heading, by striking ``systems'' and inserting
``systems; purchase or lease of certain electric and other
vehicles'';
(2) in subsection (a), by striking ``In leasing'' and inserting
``During the period preceding October 1, 2035, in leasing'';
(3) in subsection (c), by inserting ``, during the period
specified in subsection (a),'' after ``from authorizing''; and
(4) by adding at the end the following new subsections:
``(d) Requirement.--Except as provided in subsection (e), beginning
on October 1, 2035, each covered nontactical vehicle purchased or
leased by or for the use of the Department of Defense shall be--
``(1) an electric or zero emission vehicle that uses a charging
connector type (or other means to transmit electricity to the
vehicle) that meets applicable industry accepted standards for
interoperability and safety;
``(2) an advanced-biofuel-powered vehicle; or
``(3) a hydrogen-powered vehicle.
``(e) Relation to Other Vehicle Technologies That Reduce
Consumption of Fossil Fuels.--Notwithstanding the requirement under
subsection (d), beginning on October 1, 2035, the Secretary of Defense
may authorize the purchase or lease of a covered nontactical vehicle
that is not described in such subsection if the Secretary determines,
on a case-by-case basis, that--
``(1) the technology used in the vehicle to be purchased or
leased reduces the consumption of fossil fuels compared to vehicles
that use conventional internal combustion technology;
``(2) the purchase or lease of such vehicle is consistent with
the energy performance goals and plan of the Department of Defense
required by section 2911 of this title; and
``(3) the purchase or lease of a vehicle described in
subsection (d) is impracticable under the circumstances.
``(f) Waiver.--(1) The Secretary of Defense may waive the
requirement under subsection (d).
``(2) The Secretary of Defense may not delegate the waiver
authority under paragraph (1).
``(g) Definitions.--In this section:
``(1) The term `advanced-biofuel-powered vehicle' includes a
vehicle that uses a fuel described in section 9001(3)(A) of the
Farm Security and Rural Investment Act of 2202 (7 U.S.C.
8101(3)(A)).
``(2) The term `covered nontactical vehicle' means any
vehicle--
``(A) that is not a tactical vehicle designed for use in
combat; and
``(B) that is purchased or leased by the Department of
Defense pursuant to a contract entered into, renewed, modified,
or amended on or after October 1, 2035.
``(3) The term `hydrogen-powered vehicle' means a vehicle that
uses hydrogen as the main source of motive power, either through a
fuel cell or internal combustion.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 173 of such title is amended by striking the
item relating to section 2922g and inserting the following new item:
``2922g. Preference for motor vehicles using electric or hybrid
propulsion systems; purchase or lease of certain electric and
other vehicles.''.
SEC. 318. CLARIFICATION AND REQUIREMENT FOR DEPARTMENT OF DEFENSE
RELATING TO RENEWABLE BIOMASS AND BIOGAS.
Section 2924 of title 10, United States Code, is amended--
(1) in paragraph (6)--
(A) by redesignating subparagraphs (D) through (I) as
subparagraphs (E) through (J), respectively; and
(B) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) Biogas.''; and
(2) by adding at the end the following new paragraphs:
``(7) The term `biomass' has the meaning given the term
`renewable biomass' in section 211(o)(1) of the Clean Air Act (42
U.S.C. 7545(o)(1)).
``(8) The term `biogas' means biogas as such term is used in
section 211(o)(1)(B)(ii)(V) of the Clean Air Act (42 U.S.C.
7545(o)(1)(B)(ii)(V)).''.
SEC. 319. PROGRAMS OF MILITARY DEPARTMENTS ON REDUCTION OF FUEL
RELIANCE AND PROMOTION OF ENERGY-AWARE BEHAVIORS.
(a) Establishment.--Subchapter III of chapter 173 of title 10,
United States Code, is amended by adding at the end the following new
section (and conforming the table of sections at the beginning of such
subchapter accordingly):
``Sec. 2928. Programs on reduction of fuel reliance and promotion of
energy-aware behaviors
``(a) Establishment.--Each Secretary of a military department shall
establish a program for the promotion of energy-aware behaviors and the
reduction of unnecessary fuel consumption within that military
department.
``(b) Goals.--The goals of the programs established under
subsection (a) shall be as follows:
``(1) To increase operational energy resiliency.
``(2) To decrease energy-related strategic vulnerabilities and
enhance military readiness.
``(3) To integrate sustainability features for new and existing
military installations and other facilities of the Department.
``(c) Minimum Required Elements.--Under the program of a military
department under subsection (a), the Secretary of the military
department shall carry out, with respect to the military department,
and at a minimum, the following:
``(1) The development and implementation of a strategy for the
collection and analysis of data on fuel consumption, to identify
operational inefficiencies and enable data-driven decision making
with respect to fuel logistics and the reduction of fuel
consumption.
``(2) The fostering of an energy-aware culture across the
military department to reduce fuel consumption, including through--
``(A) the incorporation of energy conservation and
resiliency principles into training curricula and other
training materials of the military department, including by
updating such materials to include information on the effect of
energy-aware behaviors on improving readiness and combat
capability; and
``(B) the review of standard operating procedures, and
other operational manuals and procedures, of the military
department, to identify procedures that increase fuel
consumption with no operational benefit.
``(3) The integration of operational energy factors into the
wargaming of the military department and related training
activities that involve the modeling of scenarios, in accordance
with subsection (d), to provide to participants in such activities
realistic data on the risks and challenges relating to operational
energy and fuel logistics.
``(4) The implementation of data-driven procedures, operations
planning, and logistics, to optimize cargo transport and refueling
operations within the military department.
``(d) Wargaming Elements.--In integrating operational energy
factors into the wargaming and related training activities of a
military department under subsection (c)(3), the Secretary of the
military department shall seek to ensure that the planning, design, and
execution of such activities include--
``(1) coordination with the elements of the military department
responsible for fuel and logistics matters, to ensure the modeling
of energy demand and network risk during such activities are
accurate, taking into account potential shortfalls and the direct
and indirect effects of the efforts of foreign adversaries to
target fuel supply chains; and
``(2) a focus on improving integrated life-cycle management
processes and fuel supply logistics.''.
(b) Deadline for Establishment.--The programs required under
section 2928 of title 10, United States Code, as added by subsection
(a), shall be established by not later than 180 days after the date of
the enactment of this Act.
(c) Briefing.--Not later than 180 days after the date of enactment
of this Act, each Secretary of a military department shall provide to
the congressional defense committees a briefing on the establishment of
the program of the military department required under such section
2928.
SEC. 320. ESTABLISHMENT OF JOINT WORKING GROUP TO DETERMINE JOINT
REQUIREMENTS FOR FUTURE OPERATIONAL ENERGY NEEDS OF DEPARTMENT OF
DEFENSE.
Section 352 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1653) is amended by adding at
the end the following new subsection:
``(e) Establishment of Joint Working Group to Determine Joint
Requirements for Future Operational Energy Needs of Department of
Defense.--
``(1) Establishment.--The Secretary of Defense shall establish
a joint working group (in this subsection referred to as the
`working group') to determine joint requirements for future
operational energy needs of the Department of Defense.
``(2) Executive agent.--The Secretary of the Air Force shall
serve as the executive agent of the working group.
``(3) Requirements specified.--
``(A) In general.--In determining joint requirements under
paragraph (1), the working group shall address the operational
energy needs of each military department and combatant command
to meet energy needs in all domains of warfare, including land,
air, sea, space, cyberspace, subsea, and subterranean
environments.
``(B) Priority for certain systems.--Priority for joint
requirements under paragraph (1) shall be given to independent
operational energy systems that--
``(i) are capable of operating in austere and isolated
environments with quick deployment capabilities; and
``(ii) may reduce conventional air pollution and
greenhouse gas emissions comparable to systems already in
use.
``(4) Existing or new programs.--The working group shall
address the feasibility of meeting joint requirements determined
under paragraph (1) through the existing energy programs of the
Department and make recommendations for new programs to meet such
requirements.
``(5) Focus areas.--In carrying out the requirements under this
subsection, the working group shall focus the efforts of the
working group on operational energy, including--
``(A) micro-reactors and small modular reactors;
``(B) hydrogen-based fuel systems, including hydrogen fuel
cells and hydrogen-based combustion engines;
``(C) battery storage;
``(D) renewable energy sources;
``(E) retrofits to existing platforms that shall increase
efficiencies; and
``(F) other technologies and resources that meet joint
requirements determined under paragraph (1).
``(6) Recommended plan of action.--
``(A) In general.--Not later than 180 days after the date
of the enactment of this subsection, the Secretary shall submit
to the congressional defense committees a report, and provide
to the congressional defense committees a classified briefing,
outlining recommendations for programs to meet joint
requirements for future operational energy needs of the
Department of Defense by 2025, 2030, and 2040.
``(B) Focus on readiness and flexibility.--In submitting
the report and providing the briefing under subparagraph (A),
the Secretary shall--
``(i) address each element of the report or briefing,
as the case may be, in the context of maintaining or
increasing the readiness levels of the Armed Forces and the
flexibility of operational elements within the Department;
and
``(ii) disregard energy sources that do not increase
such readiness and flexibility, with an explanation for the
reason such sources were disregarded.
``(C) Form.--The report under subparagraph (A) shall be
submitted in unclassified form, but may include a classified
annex.
``(7) Definitions.--In this subsection:
``(A) The term `advanced nuclear reactor' has the meaning
given that term in section 951(b) of the Energy Policy Act of
2005 (42 U.S.C. 16271(b)).
``(B) The term `micro-reactor' means an advanced nuclear
reactor that has an electric power production capacity that is
not greater than 50 megawatts that can be transported via land,
air, or sea transport and can be redeployed.
``(C) The term `small modular reactor' means an advanced
nuclear reactor--
``(i) with a rated capacity of less than 300 electrical
megawatts; or
``(ii) that can be constructed and operated in
combination with similar reactors at a single site.''.
SEC. 321. AMENDMENT TO BUDGETING OF DEPARTMENT OF DEFENSE RELATING
TO EXTREME WEATHER.
Section 328(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 221 note) is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) a calculation of the annual costs to the Department for--
``(A) assistance that is--
``(i) provided to the Federal Emergency Management
Agency or any Federal land management agency (as such term
is defined in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801)) pursuant to a request for
such assistance and in consultation with the National
Interagency Fire Center; or
``(ii) provided under title 10 or title 32, United
States Code, to any State, territory, or possession of the
United States, regarding extreme weather; and
``(B) resourcing required to support--
``(i) wildfire response, recovery, or restoration
efforts occurring within military installations or other
facilities of the Department; or
``(ii) any Federal agency other than the Department
(including the Federal Emergency Management Agency and the
National Interagency Fire Center) with respect to wildfire
response, recovery, or restoration efforts, where such
resourcing is not reimbursed.''.
SEC. 322. PROTOTYPE AND DEMONSTRATION PROJECTS FOR ENERGY
RESILIENCE AT CERTAIN MILITARY INSTALLATIONS.
(a) In General.--Subject to the availability of appropriations for
such purpose, each Secretary of a military department shall ensure that
covered prototype and demonstration projects are conducted at each
military installation under the jurisdiction of that Secretary that is
designated by the Secretary of Defense as an ``Energy Resilience
Testbed'' pursuant to subsection (b).
(b) Selection of Military Installations.--
(1) Nomination.--Each Secretary of a military department shall
nominate military installations under the jurisdiction of that
Secretary for selection under paragraph (2), and submit to the
Secretary of Defense a list of such nominations.
(2) Selection.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall select, from
among the lists of nominated military installations provided by the
Secretaries of the military departments under paragraph (1), at
least one such nominated military installation per military
department for designation pursuant to paragraph (4).
(3) Considerations.--In selecting military installations under
paragraph (2), the Secretary of Defense shall, to the extent
practicable, take into consideration the following:
(A) The mission of the installation.
(B) The geographic terrain of the installation and of the
community surrounding the installation.
(C) The energy resources available to support the
installation.
(D) An assessment of any extreme weather risks or
vulnerabilities at the installation and the community
surrounding the installation.
(4) Designation as energy resilience testbed.--Each military
installation selected under paragraph (2) shall be known as an
``Energy Resilience Testbed''.
(c) Covered Technologies.--Covered prototype and demonstration
projects conducted at military installations designated pursuant to
subsection (b) shall include the prototype and demonstration of
technologies in the following areas:
(1) Energy storage technologies, including long-duration energy
storage systems.
(2) Technologies to improve building energy efficiency in a
cyber-secure manner, such as advanced lighting controls, high-
performance cooling systems, and technologies for waste heat
recovery.
(3) Technologies to improve building energy management and
control in a cyber-secure manner.
(4) Tools and processes for design, assessment, and decision
making on the installation with respect to all hazards resilience
and hazard analysis, energy use, management, and the construction
of resilient buildings and infrastructure.
(5) Carbon sequestration technologies.
(6) Technologies relating to on-site resilient energy
generation, including the following:
(A) Advanced geothermal technologies.
(B) Advanced nuclear technologies, including small modular
reactors.
(7) Port electrification and surrounding defense community
infrastructure.
(8) Tidal and wave power technologies.
(9) Distributed ledger technologies.
(d) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments, shall provide to the
appropriate congressional committees a briefing on the conduct of
covered prototype and demonstration projects at each military
installation designated pursuant to subsection (b). Such briefing shall
include the following:
(1) An identification of each military installation so
designated.
(2) A justification as to why each military installation so
designated was selected for such designation.
(3) A strategy for commencing the conduct of such projects at
each military installation so designated by not later than one year
after the date of the enactment of this Act.
(e) Deadline for Commencement of Projects.--Beginning not later
than one year after the date of the enactment of this Act, covered
prototype and demonstration projects shall be conducted at, and such
conduct shall be incorporated into the mission of, each military
installation designated pursuant to subsection (b).
(f) Responsibility for Administration and Oversight.--
Notwithstanding the responsibility of the Secretary of Defense to
select each military installation for designation pursuant to
subsection (b)(2), the administration and oversight of the conduct of
covered prototype and demonstration projects at a military installation
so designated, as required under subsection (a), shall be the
responsibility of the Secretary of the military department with
jurisdiction over that military installation.
(g) Consortiums.--
(1) In general.--Each Secretary of a military department may
enter into a partnership with, or seek to establish, a consortium
of industry, academia, and other entities described in paragraph
(2) to conduct covered prototype and demonstration projects at a
military installation that is under the jurisdiction of that
Secretary and designated by the Secretary of Defense pursuant to
subsection (b).
(2) Consortium entities.--The entities described in this
paragraph are as follows:
(A) National laboratories.
(B) Industry entities the primary work of which relates to
technologies and business models relating to energy resilience
and all hazards resilience.
(h) Authorities.--
(1) In general.--Covered prototype and demonstration projects
required under this section may be conducted as part of the program
for operational energy prototyping established under section 324(c)
of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3523; 10
U.S.C. 2911 note) (including by using funds available under the
Operational Energy Prototyping Fund established pursuant to such
section), using the other transactions authority under section 4021
or 4022 of title 10, United States Code, or using any other
available authority or funding source the Secretary of Defense
determines appropriate.
(2) Follow-on production contracts or transactions.--Each
Secretary of a military department shall ensure that, to the extent
practicable, any transaction entered into under the other
transactions authority under section 4022 of title 10, United
States Code, for the conduct of a covered prototype and
demonstration project under this section shall provide for the
award of a follow-on production contract or transaction pursuant to
subsection (f) of such section 4022.
(i) Interagency Collaboration.--In carrying out this section, to
the extent practicable, the Secretary of Defense shall collaborate with
the Secretary of Energy and the heads of such other Federal departments
and agencies as the Secretary of Defense may determine appropriate,
including by entering into relevant memoranda of understanding.
(j) Rule of Construction.--Nothing in this section shall be
construed as precluding any Secretary of a military department from
carrying out any activity, including conducting a project or making an
investment, relating to the improvement of energy resilience or all
hazards resilience under an authority other than this section.
(k) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Energy and Natural Resources of the Senate.
(2) The term ``community infrastructure'' has the meaning given
that term in section 2391(e) of title 10, United States Code.
(3) The term ``covered prototype and demonstration project''
means a project to prototype and demonstrate advanced technologies
to enhance energy resilience, including with respect to energy
supply disruptions, and all hazards resilience at a military
installation.
(4) The term ``military installation'' has the meaning given
that term in section 2867 of title 10, United States Code.
SEC. 323. PILOT PROGRAM FOR DEVELOPMENT OF ELECTRIC VEHICLE
CHARGING SOLUTIONS TO MITIGATE GRID STRESS.
(a) In General.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, and in consultation with the
Secretary of Energy, shall carry out a pilot program to develop and
test covered infrastructure to mitigate grid stress caused by electric
vehicles through the implementation and maintenance on certain military
installations of charging stations, microgrids, and other covered
infrastructure sufficient to cover the energy demand at such
installations.
(b) Selection of Military Installations.--
(1) Selection.--Not later than 180 days after the date of the
enactment of this Act, each Secretary of a military department
shall--
(A) select at least one military installation of each Armed
Force under the jurisdiction of that Secretary at which to
carry out the pilot program under subsection (a); and
(B) submit to the Committees on Armed Services of the House
of Representatives and the Senate a notification containing an
identification of each such selected installation.
(2) Considerations.--In choosing a military installation for
selection pursuant to paragraph (1), each Secretary of a military
department shall take into account the following:
(A) A calculation of existing loads at the installation and
the existing capacity of the installation for the charging of
electric vehicles, including (as applicable) light duty trucks.
(B) Any required upgrades to covered infrastructure on the
installation, including electrical wiring, anticipated by the
Secretary.
(C) The ownership, financing, operation, and maintenance
models of existing and planned covered infrastructure on the
installation.
(D) An assessment of local grid needs, and any required
updates relating to such needs anticipated by the Secretary.
(c) Report.--
(1) In general.--Not later than one year after the date on
which a Secretary of a military department submits a notification
identifying a selected military installation under subsection (b),
that Secretary shall submit to the Committee on Armed Services and
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Armed Services of the Senate a
report on--
(A) the covered infrastructure to be implemented under the
pilot program at the installation;
(B) the methodology by which each type of covered
infrastructure so implemented shall be assessed for efficacy
and efficiency at providing sufficient energy to cover the
anticipated energy demand of the electric vehicle fleet at the
installation and mitigating grid stress; and
(C) the maintenance on the military installation of
charging stations and other covered infrastructure, including a
microgrid, that will be sufficient to--
(i) cover the anticipated electricity demand of such
fleet; and
(ii) improve installation energy resilience.
(2) Elements.--Each report under paragraph (1) shall include,
with respect to the selected military installation for which the
report is submitted, the following:
(A) A determination of the type and number of charging
stations to implement on the installation, taking into account
the interoperability of chargers and the potential future needs
or applications for chargers, such as vehicle-to-grid or
vehicle-to-building applications.
(B) A determination of the optimal ownership model to
provide charging stations on the installation, taking into
account the following:
(i) Use of Government-owned (purchased, installed, and
maintained) charging stations.
(ii) Use of third-party financed, installed, operated,
and maintained charging stations.
(iii) Use of financing models in which energy and
charging infrastructure operations and maintenance are
treated as a service.
(iv) Cyber and physical security considerations and
best practices associated with different ownership,
network, and control models.
(C) A determination of the optimal power source to provide
charging stations at the installation, taking into account the
following:
(i) Transformer and substation requirements.
(ii) Microgrids and distributed energy to support both
charging requirements and energy storage.
(3) Source of services.--Each Secretary of a military
department may use expertise within the military department or
enter into a contract with a non-Department of Defense entity to
make the determinations specified in paragraph (2).
(d) Final Report.--Not later than January 1, 2025, the Secretary of
Defense shall submit to the congressional committees specified in
subsection (c)(1) a final report on the pilot program under subsection
(a). Such report shall include the observations and findings of the
Department relating to the charging stations and other covered
infrastructure implemented and maintained under such pilot program,
including with respect to the elements specified in subsection (c)(2).
(e) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``military departments''
have the meanings given those terms in section 101 of title 10,
United States Code.
(2) The term ``charging station'' means a collection of one or
more electric vehicle supply equipment units serving the purpose of
charging an electric vehicle battery.
(3) The term ``covered infrastructure''--
(A) means infrastructure that the Secretary of Defense
determines may be used to--
(i) charge electric vehicles, including by transmitting
electricity to such vehicles directly; or
(ii) support the charging of electric vehicles,
including by supporting the resilience of grids or other
systems for delivering energy to such vehicles (such as
through the mitigation of grid stress); and
(B) includes--
(i) charging stations;
(ii) batteries;
(iii) battery-swapping systems;
(iv) microgrids;
(v) off-grid charging systems; and
(vi) other apparatuses installed for the specific
purpose of delivering energy to an electric vehicle or to a
battery intended to be used in an electric vehicle,
including wireless charging technologies.
(4) The term ``electric vehicle'' includes--
(A) a plug-in hybrid electric vehicle that uses a
combination of electric and gas powered engine that can use
either gasoline or electricity as a fuel source; and
(B) a plug-in electric vehicle that runs solely on
electricity and does not contain an internal combustion engine
or gas tank.
(5) The term ``electric vehicle supply equipment unit'' means
the port that supplies electricity to one vehicle at a time.
(6) The term ``microgrid'' means a group of interconnected
loads and distributed energy resources within clearly defined
electrical boundaries that acts as a single controllable entity
with respect to the grid.
(7) The term ``military installation'' has the meaning given
that term in section 2801 of title 10, United States Code.
(8) The term ``wireless charging'' means the charging of a
battery by inductive charging or by any means in which a battery is
charged without a wire, or plug-in wire, connecting the power
source and battery.
SEC. 324. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.
(a) Pilot Program Required.--
(1) In general.--Subject to the availability of appropriations
for such purpose, the Secretary of Defense shall conduct a pilot
program on the use of sustainable aviation fuel by the Department
of Defense (in this section referred to as the ``pilot program'').
(2) Design of program.--The pilot program shall be designed
to--
(A) identify any logistical challenges with respect to the
use of sustainable aviation fuel by the Department;
(B) promote understanding of the technical and performance
characteristics of sustainable aviation fuel when used in a
military setting; and
(C) engage nearby commercial airports to explore
opportunities and challenges to partner on the increased use of
sustainable aviation fuel.
(b) Selection of Facilities.--
(1) Selection.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
select not fewer than two geographically diverse facilities of
the Department at which to carry out the pilot program.
(B) Onsite refinery.--Not fewer than one facility selected
under subparagraph (A) shall be a facility with an onsite
refinery that is located in proximity to not fewer than one
major commercial airport that is also actively seeking to
increase the use of sustainable aviation fuel.
(2) Notice to congress.--Upon the selection of each facility
under paragraph (1), the Secretary shall submit to the appropriate
congressional committees notice of the selection, including an
identification of the facility selected.
(c) Use of Sustainable Aviation Fuel.--
(1) Plans.--For each facility selected under subsection (b),
not later than one year after the selection of the facility, the
Secretary shall--
(A) develop a plan on how to implement, by September 30,
2028, a target of exclusively using at the facility aviation
fuel that is blended to contain not less than 10 percent
sustainable aviation fuel;
(B) submit the plan developed under subparagraph (A) to the
appropriate congressional committees; and
(C) provide to the appropriate congressional committees a
briefing on such plan that includes, at a minimum--
(i) a description of any operational, infrastructure,
or logistical requirements, and recommendations, for the
blending and use of sustainable aviation fuel; and
(ii) a description of any stakeholder engagement in the
development of the plan, including any consultations with
nearby commercial airport owners or operators.
(2) Implementation of plans.--For each facility selected under
subsection (b), during the period beginning on a date that is not
later than September 30, 2028, and for five years thereafter, the
Secretary shall require, in accordance with the respective plan
developed under paragraph (1), the exclusive use at the facility of
aviation fuel that is blended to contain not less than 10 percent
sustainable aviation fuel.
(d) Criteria for Sustainable Aviation Fuel.--Sustainable aviation
fuel used under the pilot program shall meet the following criteria:
(1) Such fuel shall be produced in the United States from
domestic feedstock sources.
(2) Such fuel shall constitute drop-in fuel that meets all
specifications and performance requirements of the Department of
Defense and the Armed Forces.
(e) Waiver.--The Secretary may waive the use of sustainable
aviation fuel at a facility under the pilot program if the Secretary--
(1) determines such use is not feasible due to a lack of
domestic availability of sustainable aviation fuel or a national
security contingency; and
(2) submits to the congressional defense committees notice of
such waiver and the reasons for such waiver.
(f) Final Report.--
(1) In general.--At the conclusion of the pilot program, the
Assistant Secretary of Defense for Energy, Installations, and
Environment shall submit to the appropriate congressional
committees a final report on the pilot program.
(2) Elements.--The report under paragraph (1) shall include
each of the following:
(A) An assessment of the effect of using sustainable
aviation fuel on the overall fuel costs of blended fuel.
(B) A description of any operational, infrastructure, or
logistical requirements, and recommendations, for the blending
and use of sustainable aviation fuel, with a focus on scaling
up adoption of such fuel throughout the Armed Forces.
(C) Recommendations with respect to how military
installations can leverage proximity to commercial airports and
other jet fuel consumers to increase the rate of use of
sustainable aviation fuel, for both military and non-military
use, including potential collaboration on innovative financing
or purchasing and shared supply chain infrastructure.
(D) A description of the effects on performance and
operation of aircraft using sustainable aviation fuel,
including--
(i) if used, considerations of various blending ratios
and the associated benefits thereof;
(ii) efficiency and distance improvements of flights
using sustainable aviation fuel;
(iii) weight savings on large transportation aircraft
and other types of aircraft by using blended fuel with
higher concentrations of sustainable aviation fuel;
(iv) maintenance benefits of using sustainable aviation
fuel, including with respect to engine longevity;
(v) the effect of the use of sustainable aviation fuel
on emissions and air quality;
(vi) the effect of the use of sustainable aviation fuel
on the environment and on surrounding communities,
including environmental justice factors that are created by
the demand for and use of sustainable aviation fuel by the
Department of Defense; and
(vii) benefits with respect to job creation in the
sustainable aviation fuel production and supply chain.
(g) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
following:
(A) The Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(B) The Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate.
(2) The term ``sustainable aviation fuel'' has the meaning
given such term in section 40007(e) of the Act titled `An Act to
provide for reconciliation pursuant to title II of S. Con. Res. 14'
(Public Law 117-169).
SEC. 325. POLICY TO INCREASE DISPOSITION OF SPENT ADVANCED
BATTERIES THROUGH RECYCLING.
(a) Policy Required.--Not later than one year after the date of the
enactment of this Act, the Assistant Secretary of Defense for Energy,
Installations, and Environment, in coordination with the Director of
the Defense Logistics Agency, shall establish a policy to increase the
disposition of spent advanced batteries of the Department of Defense
through recycling (including by updating the Department of Defense
Manual 4160.21, titled ``Defense Material Disposition: Disposal
Guidance and Procedures'', or such successor document, accordingly),
for the purpose of supporting the reclamation and return of precious
metals, rare earth metals, and elements of strategic importance (such
as cobalt and lithium) into the supply chain or strategic reserves of
the United States.
(b) Considerations.--In developing the policy under subsection (a),
the Assistant Secretary shall consider, at a minimum, the following
recycling methods:
(1) Pyroprocessing.
(2) Hydroprocessing.
(3) Direct cathode recycling, relithiation, and upcycling.
SEC. 326. GUIDANCE AND TARGET GOAL RELATING TO FORMERLY USED
DEFENSE SITES PROGRAMS.
(a) Guidance Relating to Site Prioritization.--The Assistant
Secretary of Defense for Energy, Installations, and Environment shall
issue guidance setting forth how, in prioritizing sites for activities
funded under the ``Environmental Restoration Account, Formerly Used
Defense Sites'' account established under section 2703(a)(5) of title
10, United States Code, the Assistant Secretary shall weigh the
relative risk or other factors between Installation Restoration Program
sites and Military Munitions Response Program sites.
(b) Target Goal for Military Munitions Response Program.--The
Assistant Secretary of Defense for Energy, Installations, and
Environment shall establish a target goal for the completion of the
cleanup of all Military Munitions Response Program sites.
SEC. 327. ANALYSIS AND PLAN FOR ADDRESSING HEAT ISLAND EFFECT ON
MILITARY INSTALLATIONS.
(a) Installation Analysis.--Each Secretary of a military department
shall conduct an analysis of the military installations under the
jurisdiction of that Secretary to assess the extent to which heat
islands affect readiness, infrastructure service life, and utilities
costs. Each such analysis shall contain each of the following:
(1) An analysis of how heat islands exacerbate summer heat
conditions and necessitate the increased use of air conditioning on
the installations, including an estimate of the cost of such
increased usage with respect to both utilities costs and shortened
service life of air conditioning units.
(2) An assessment of any readiness effects related to heat
islands, including the loss of training hours due to black flag
conditions, and the corresponding cost of such effects.
(b) Plan.--Based on the results of the analyses conducted under
subsection (a), the Secretaries of the military departments shall
jointly--
(1) develop a plan for mitigating the effects of heat islands
at the most severely affected installations, including by
increasing tree coverage, installing cool roofs or green roofs, and
painting asphalt; and
(2) promulgate best practices enterprise-wide for cost
avoidance and reduction of the effects of heat islands.
(c) Briefing.--Not later than September 30, 2024, the Secretaries
of the military departments shall jointly provide to the congressional
defense committees a briefing on--
(1) the findings of each analysis conducted under subsection
(a);
(2) the plan developed under subsection (b); and
(3) such other matters as the Secretaries determine
appropriate.
(d) Heat Island Defined.--The term ``heat island'' means an area
with a high concentration of structures (such as building, roads, and
other infrastructure) that absorb and re-emit the sun's heat more than
natural landscapes such as forests or bodies of water.
SEC. 328. LIMITATION ON REPLACEMENT OF NON-TACTICAL VEHICLE FLEET
OF DEPARTMENT OF DEFENSE WITH ELECTRIC VEHICLES, ADVANCED-
BIOFUEL-POWERED VEHICLES, OR HYDROGEN-POWERED VEHICLES.
(a) In General.--Until the date on which the Secretary of Defense
submits to the Committees on Armed Services of the House of
Representatives and the Senate the report described in subsection (b),
the Secretary may not enter into an indefinite delivery-indefinite
quantity delivery order contract to procure and replace the existing
non-tactical vehicle fleet of the Department of Defense with electric
vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered
vehicles.
(b) Elements.--The report described in this subsection shall
include the following:
(1) A cost estimate for the procurement by the Secretary of
Defense, or through contract mechanisms used by the Department
(such as energy savings performance contracts), of electric non-
tactical vehicles to replace the existing non-tactical vehicle
fleet of the Department, which shall include--
(A) an estimated cost per unit and number of units to be
procured of each type of electric non-tactical vehicle (such as
trucks, buses, and vans);
(B) the cost associated with building the required
infrastructure to support electric non-tactical vehicles,
including charging stations and electric grid requirements;
(C) a lifecycle cost comparison between electric vehicles
and combustion engine vehicles of each type (such as an
electric truck versus a conventional truck);
(D) maintenance requirements of electric vehicles compared
to combustion engine vehicles; and
(E) for each military department, a cost comparison over
periods of three, five, and 10 years of pursuing an electric
non-tactical vehicle fleet versus continuing with combustion
engine non-tactical vehicles.
(2) An assessment of the current and projected supply chain
shortfalls, including critical minerals, for electric vehicles and
combustion engine vehicles.
(3) An assessment of the security risks associated with data
collection conducted with respect to electric vehicles, combustion
engine vehicles, and the related computer systems for each.
(4) An assessment of the current range requirements for
electric vehicles compared to combustion engine vehicles and the
average life of vehicles of the Department necessary to maintain
current readiness requirements of the Department.
(5) An identification of components for electric non-tactical
vehicles, advanced-biofuel-powered vehicles, hydrogen-powered
vehicles, and combustion engine vehicles that are currently being
sourced from the People's Republic of China.
(6) An assessment of the mid- and long-term costs and benefits
to the Department of falling behind industry trends related to the
adoption of alternative fuel vehicles including electric vehicles,
hydrogen-powered vehicles, and advanced-biofuel-powered vehicles.
(7) An assessment of the long-term availability to the
Department of internal combustion engines and spare parts for such
engines, including whether or not such engines and spare parts will
be manufactured in the United States or repairable with parts made
in the United States and labor in the United States.
(8) An assessment of the relative risks associated with parking
and storing electric vehicles, hydrogen-powered vehicles, advanced-
biofuel-powered vehicles, and combustion engine vehicles inside
parking structures, including fire risk and water damage.
(c) Additional Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the Department
of Defense may be obligated or expended to procure non-tactical
vehicles that are electric vehicles, advanced-biofuel-powered vehicles,
or hydrogen-powered vehicles, or any components or spare parts
associated with such vehicles, that are not in compliance with subpart
22.15 of the Federal Acquisition Regulation (or any successor
regulations).
(d) Definitions.--In this section:
(1) The term ``advanced-biofuel-powered vehicle'' includes a
vehicle that uses a fuel described in section 9001(3)(A) of the
Farm Security and Rural Investment Act of 2202 (7 U.S.C.
8101(3)(A)).
(2) The term ``charging station'' means a parking space with
electric vehicle supply equipment that supplies electric energy for
the recharging of electric vehicles with at least a level two
charger.
(3) The term ``electric grid requirements'' means the power
grid and infrastructure requirements needed to support plug-in
electric vehicles and vehicle-to-grid requirements.
(4) The term ``electric non-tactical vehicle'' means a non-
tactical vehicle that is an electric vehicle.
(5) The terms ``electric vehicle'' includes--
(A) a plug-in hybrid electric vehicle that uses a
combination of electric and gas powered engine that can use
either gasoline or electricity as a fuel source; and
(B) a plug-in electric vehicle that runs solely on
electricity and does not contain an internal combustion engine
or gas tank.
(6) The term ``hydrogen-powered vehicle'' means a vehicle that
uses hydrogen as the main source of motive power, either through a
fuel cell or internal combustion.
(7) The term ``non-tactical vehicle'' means a vehicle other
than a tactical vehicle.
(8) The term ``tactical vehicle'' means a motor vehicle
designed to military specification, or a commercial design motor
vehicle modified to military specification, to provide direct
transportation support of combat or tactical operations, or for the
training of personnel for such operations.
Subtitle C--Red Hill Bulk Fuel Storage Facility
SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE FACILITY.
(a) Deadline for Completion of Defueling.--
(1) In general.--The Secretary of Defense shall complete the
defueling of the Red Hill Bulk Fuel Storage Facility in a safe and
expeditious manner by a deadline that is approved by the State of
Hawaii Department of Health.
(2) Report.--Not later than 30 days after the date of the
enactment of this Act, and quarterly thereafter until the
completion of the defueling of the Red Hill Bulk Fuel Storage
Facility, the Secretary of Defense shall submit to the
congressional defense committees, and make publicly available on an
appropriate website of the Department of Defense, a report on the
status of such defueling.
(b) Planning and Implementation of Defueling.--The Secretary of
Defense shall plan for and implement the defueling of the Red Hill Bulk
Fuel Storage Facility in consultation with the Administrator of the
Environmental Protection Agency and the State of Hawaii Department of
Health.
(c) Notification Requirement.--The Secretary of Defense may not
begin the process of defueling the Red Hill Bulk Storage Facility until
the date on which the Secretary submits to the congressional defense
committees a notification that such defueling would not adversely
affect the ability of the Department of Defense to provide fuel to
support military operations in the area of responsibility of the United
States Indo-Pacific Command.
SEC. 332. AUTHORIZATION OF CLOSURE OF UNDERGROUND STORAGE TANK
SYSTEM AT RED HILL BULK FUEL STORAGE FACILITY.
(a) Authorization.--The Secretary of Defense may close the
underground storage tank system at the Red Hill Bulk Fuel Storage
Facility of the Department of Defense located in Hawaii (in this
section referred to as the ``Facility'').
(b) Plan for Facility Closure and Post-closure Care.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a plan for--
(A) the closure of the Facility, along with a report on the
cost projections for such closure;
(B) monitoring of the Facility following closure;
(C) corrective actions to mitigate fuel releases of
groundwater at the Facility, including resources necessary for
the Secretary of the Navy to conduct such actions at the
Facility;
(D) coordination and communication with applicable Federal
and State regulatory authorities, and surrounding communities,
on release response and remediation activities conducted by the
Secretary of the Navy at the Facility;
(E) improvements to processes, procedures, organization,
training, leadership, education, facilities, and policy of the
Department of Defense related to best practices for the
remediation and closure of the Facility; and
(F) measures to ensure that future strategic level assets
of the Department of Defense are properly maintained and
critical environmental assets are protected.
(2) Preparation of plan.--The Secretary of the Navy shall
prepare the plan required under paragraph (1) in consultation with
the following:
(A) The Environmental Protection Agency.
(B) The Hawaii Department of Health.
(C) The United States Geological Survey.
(D) Any other relevant Federal or State agencies the
Secretary considers appropriate.
(c) Identification of Point of Contact at Department of Defense.--
Not later than 60 days after the date of the enactment of this Act, to
ensure clear and consistent communication relating to defueling,
closure, and release response, the Secretary of Defense shall identify
a single point of contact within the Office of the Secretary of Defense
to oversee and communicate with the public and Members of Congress
regarding the status of the Facility.
(d) Water Monitoring Briefing.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of the Navy shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the status of the ground
water monitoring program--
(1) to monitor movement of the fuel plume in the aquifer
surrounding the Facility;
(2) to monitor long-term impacts to such aquifer and local
water bodies resulting from fuel releases from the Facility; and
(3) to coordinate with the Agency for Toxic Substances and
Disease Registry of the Department of Health and Human Services as
the Agency conducts a follow up to the previously conducted
voluntary survey of individuals and entities potentially impacted
by fuel releases from the Facility.
SEC. 333. REPORT ON BULK FUEL REQUIREMENTS APPLICABLE TO UNITED
STATES INDO-PACIFIC COMMAND.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the Office of
the Secretary of Defense for administration and service-wide
activities, not more than 90 percent may be obligated or expended until
the Secretary of Defense submits to the congressional defense
committees a report that includes the following elements:
(1) The bulk fuel requirements of the United States Indo-
Pacific Command associated with the operational plans of the
command that involve the most stress on bulk fuel, disaggregated by
theater component commander, as such term is defined in section
1513 of title 10, United States Code, implementing the requirement.
(2) The hardening requirements of the United States Indo-
Pacific Command associated with the distribution of bulk fuel to
support the proposed force laydown in the area of responsibility of
such command.
(3) A bulk fuels connector strategy to reposition fuels within
the area of responsibility of such command, which shall include a
specific assessment of the following:
(A) The overall bulk fuel requirements for the force
structure of the surface fleet tankers of the Navy and any
specific requirements associated with the proposed force
laydown specified in paragraph (2).
(B) The intra-theater connector strategy of the Department
of Defense to logistically support theater-specific bulk fuel
requirements.
(C) The bulk fuel requirements for light amphibious warfare
ships.
(4) An identification of the funding mechanisms used, or
proposed to be used, to meet each of the requirements specified in
paragraphs (1) through (3), including programmed and unfunded
requirements, and a description of any additional staffing or
resources necessary to meet such requirements.
(5) A risk assessment of the potential risk associated with the
denial of access to bulk fuel storage facilities located in foreign
countries, including a specific assessment of clauses in contracts
entered into by the Director of the Defense Logistics Agency that
provide for surety of access to such storage facilities, taking
into account the insurance sought with respect to such surety and
the anticipated penalties for failing to provide such surety.
(b) Inclusion in Separate Reports.--An element listed in paragraphs
(1) through (5) of subsection (a) shall be deemed to be included in the
report under subsection (a) if included in a separate report submitted
to the congressional defense committees on or before the date of the
submission of the report under such subsection.
(c) Form.--The report under subsection (a) shall be submitted in an
unclassified and publicly releasable form, but may contain a classified
annex.
SEC. 334. PLACEMENT OF SENTINEL OR MONITORING WELLS IN PROXIMITY TO
RED HILL BULK FUEL STORAGE FACILITY.
(a) In General.--Not later than April 1, 2023, the Secretary of the
Navy, in coordination with the Director of the United States Geological
Survey and the Administrator of the Environmental Protection Agency,
shall submit to the congressional defense committees a report on the
placement of sentinel or monitoring wells in proximity to the Red Hill
Bulk Fuel Storage Facility for the purpose of monitoring and tracking
the movement of fuel that has escaped the Facility. Such report shall
include--
(1) the number and location of new wells that have been
established during the 12-month period preceding the date of the
submission of the report;
(2) an identification of any new wells proposed to be
established;
(3) an analysis of the need for any other wells;
(4) the proposed number and location of any such additional
wells; and
(5) the priority level of each proposed well based on--
(A) the optimal locations for new wells; and
(B) the capability of a proposed well to assist in
monitoring and tracking the movement of fuel toward the Halawa
shaft, the Halawa Well, and the Aiea Well.
(b) Quarterly Briefings.--Not later than 30 days after the
submission of the report under subsection (a), and every 90 days
thereafter for 12 months, the Secretary of the Navy shall provide to
the congressional defense committees a briefing on the progress of the
Department of the Navy toward installing the wells described in
paragraphs (2) and (3) of subsection (a).
SEC. 335. STUDIES RELATING TO WATER NEEDS OF THE ARMED FORCES ON
OAHU.
(a) Study on Future Water Needs of Oahu.--
(1) In general.--Not later than July 31, 2023, the Secretary of
Defense shall conduct a study on how the Department of Defense may
best address the future water needs of the Armed Forces on the
island of Oahu. Such study shall include consideration of--
(A) the construction of a new water treatment plant or
plants;
(B) the construction of a new well for use by members of
the Armed Forces and the civilian population;
(C) the construction of a new well for the exclusive use of
members of the Armed Forces;
(D) transferring ownership and operation of existing
Department of Defense utilities to a municipality or existing
publicly owned utility;
(E) conveying certain Navy utilities to the Honolulu Board
of Water Supply; and
(F) any other water solutions the Secretary of Defense
determines appropriate.
(2) Consultation.--In carrying out the study under paragraph
(1), the Secretary of Defense shall consult with the Administrator
of the Environmental Protection Agency, the State of Hawaii, the
Honolulu Board of Water Supply, and any other entity the Secretary
of Defense determines appropriate.
(3) Report; briefing.--Upon completion of the study under
paragraph (1), the Secretary of Defense shall--
(A) submit to the appropriate congressional committees a
report on the findings of the study; and
(B) provide to the appropriate congressional committees a
briefing on such findings.
(b) Hydrological Studies.--
(1) Groundwater flow model study.--Not later than July 31,
2023, the Secretary of the Navy, in consultation with the
Administrator of the Environmental Protection Agency, the Director
of the United States Geological Survey, and the State of Hawaii,
shall commence the conduct of a new study, or continue an existing
study, to further refine the modeling of groundwater flow in the
area surrounding the Red Hill Bulk Fuel Storage Facility. Such
study shall be designed to--
(A) seek to improve the understanding of the direction and
rate of groundwater flow and dissolved fuel migration within
the aquifers in the area surrounding the facility;
(B) reflect site-specific data, including available data of
the heterogeneous subsurface geologic system of such area; and
(C) address previously identified deficiencies in existing
groundwater flow models.
(2) Deadlines for completion.--
(A) Groundwater flow model study.--The study under
paragraph (1) shall be completed by not later than one year
after the date of the enactment of this Act.
(B) Subsequent study.--Not later than one year after the
date on which the study under paragraph (1) is completed, the
Secretary of the Navy shall complete a subsequent study to
model contaminant fate and transport in the area surrounding
the Red Hill Bulk Fuel Storage Facility.
(3) Reports; briefings.--Upon completion of a study under this
subsection, the Secretary of the Navy shall--
(A) submit to the congressional defense committees a report
on the findings of the study; and
(B) provide to the congressional defense committees a
briefing on such findings.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Energy and Commerce of the House of
Representatives.
(3) The Committee on Environment and Public Works of the
Senate.
SEC. 336. STUDY ON ALTERNATIVE USES FOR RED HILL BULK FUEL STORAGE
FACILITY.
(a) Study Required.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center that meets the criteria specified in paragraph (2) under
which such center will conduct a study to determine the range of
feasible alternative Department of Defense uses for the Red Hill
Bulk Fuel Storage Facility and provide to the Secretary a report on
the findings of the study. The conduct of such study shall
include--
(A) engagement with stakeholders;
(B) a review of historical alternative uses of facilities
with similar characteristics; and
(C) such other modalities as determined necessary to
appropriately identify alternative use options, including data
and information collected from various stakeholders and through
site visits to physically inspect the facility.
(2) Criteria for ffrdc.--The federally funded research and
development center with which the Secretary seeks to enter into an
agreement under paragraph (1) shall meet the following criteria:
(A) A primary focus on studies and analysis.
(B) A record of conducting research and analysis using a
multidisciplinary approach.
(C) Demonstrated specific competencies in--
(i) life cycle cost-benefit analysis;
(ii) military facilities and how such facilities
support missions; and
(iii) the measurement of environmental impacts.
(D) A strong reputation for publishing publicly releasable
analysis to inform public debate.
(b) Cost-benefit Analysis.--An agreement entered into pursuant to
subsection (a) shall specify that the study conducted under the
agreement will include a cost-benefit analysis of the feasible
Department of Defense alternative uses considered under the study. Such
cost-benefit analysis shall cover each of the following for each such
alternative use:
(1) The design and construction costs.
(2) Life-cycle costs, including the operation and maintenance
costs of operating the facility, such as annual operating costs,
predicted maintenance costs, and any disposal costs at the end of
the useful life of the facility.
(3) Any potential military benefits.
(4) Any potential benefits for the local economy, including any
potential employment opportunities for members of the community.
(5) A determination of environmental impact analysis
requirements.
(6) The effects of the use on future mitigation efforts.
(7) Any additional factors determined to be relevant by the
federally funded research and development center in consultation
with the Secretary.
(c) Deadline for Completion.--An agreement entered into pursuant to
subsection (a) shall specify that the study conducted under the
agreement shall be completed by not later than February 1, 2024.
(d) Briefing.--Upon completion of a study conducted under an
agreement entered into pursuant to subsection (a), the Secretary shall
provide to the Committees on Armed Services of the Senate and House of
Representatives a briefing on the findings of the study.
(e) Public Availability.--
(1) FFRDC.--An agreement entered into pursuant to subsection
(a) shall specify that the federally funded research and
development center shall make an unclassified version of the report
provided to the Secretary publicly available on an appropriate
website of the center.
(2) Department of defense.--Upon receipt of such report, the
Secretary shall make an unclassified version of the report publicly
available on an appropriate website of the Department of Defense.
SEC. 337. BRIEFING ON DEPARTMENT OF DEFENSE EFFORTS TO TRACK HEALTH
IMPLICATIONS OF FUEL LEAKS AT RED HILL BULK FUEL STORAGE
FACILITY.
(a) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of Health and Human Services, shall provide to the
congressional defense committees a briefing on the efforts of the
Secretary of Defense to appropriately track the health implications of
fuel leaks at the Red Hill Bulk Fuel Storage Facility for members of
the Armed Forces and dependents thereof, including members of each
Armed Force and dependents thereof. The briefing shall include each of
the following:
(1) A plan to coordinate with the Director of the Centers for
Disease Control and Prevention to align such efforts with the
public health assessment and monitoring efforts of the Director.
(2) A description of any potential benefits of coordinating and
sharing data with the State of Hawaii Department of Health.
(3) An analysis of the extent to which data from the State of
Hawaii Department of Health and data from other non-Department of
Defense sources can and should be used in any long-term health
study relating to fuel leaks at the Red Hill Bulk Fuel Storage
Facility.
(4) A description of the potential health implications of
contaminants, including fuel, detected in the drinking water
distribution system at the Red Hill Bulk Fuel Storage Facility
during testing after the fuel leaks at such facility that occurred
in May and November 2021, respectively.
(5) A description of any contaminants, including fuel, detected
in the water supply at the Red Hill Bulk Fuel Storage Facility
during the 12-month period preceding the fuel leak at such facility
that occurred in November 2021.
(6) A description of any potential benefits of broadening the
tracing window to include indications of contaminants, including
fuel, in the drinking water supply at the Red Hill Bulk Fuel
Storage Facility prior to May 2021.
(b) Armed Forces Defined.--In this section, the term ``Armed
Forces'' has the meaning given that term in section 101 of title 10,
United States Code.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 341. DEPARTMENT OF DEFENSE RESEARCH RELATING TO PERFLUOROALKYL
OR POLYFLUOROALKYL SUBSTANCES.
(a) Publication of Information.--
(1) In general.--Beginning not later than 180 days after the
date of the enactment of this Act, Secretary of Defense shall
publish on the publicly available website established under section
331(b) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 2701 note) timely and regularly
updated information on the research efforts of the Department of
Defense relating to perfluoroalkyl substances or polyfluoroalkyl
substances, which shall include the following:
(A) A description of any research collaboration or data
sharing by the Department with the Department of Veterans
Affairs, the Agency for Toxic Substances and Disease Registry,
or any other agency (as defined in section 551 of title 5,
United States Code), State, academic institution,
nongovernmental organization, or other entity.
(B) Regularly updated information on research projects
supported or conducted by the Department of Defense pertaining
to the development, testing, and evaluation of a fluorine-free
firefighting foam or any other alternative to aqueous film
forming foam that contains perfluoroalkyl substances or
polyfluoroalkyl substances, excluding any proprietary
information that is business confidential.
(C) Regularly updated information on research projects
supported or conducted by the Department pertaining to the
health effects of perfluoroalkyl substances or polyfluoroalkyl
substances, including information relating to the impact of
such substances on firefighters, veterans, and military
families, and excluding any personally identifiable
information.
(D) Regularly updated information on research projects
supported or conducted by the Department pertaining to
treatment options for drinking water, surface water, ground
water, and the safe disposal of perfluoroalkyl substances or
polyfluoroalkyl substances.
(E) Budget information, including specific spending
information for the research projects relating to
perfluoroalkyl substances or polyfluoroalkyl substances that
are supported or conducted by the Department.
(F) Such other matters as may be relevant to ongoing
research projects supported or conducted by the Department to
address the use of perfluoroalkyl substances or polyfluoroalkyl
substances and the health effects of the use of such
substances.
(2) Format.--The information published under paragraph (1)
shall be made available in a downloadable, machine-readable, open,
and user-friendly format.
(3) Definitions.--In this subsection:
(A) The term ``military installation'' includes active,
inactive, and former military installations.
(B) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(C) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
(b) Inclusion of Research Duties in Perfluoroalkyl Substances and
Polyfluoroalkyl Substances Task Force.--Section 2714(e) of title 10,
United States Code, is amended by adding at the end the following new
paragraphs:
``(5) Supporting research efforts relating to perfluoroalkyl
substances or polyfluoroalkyl substances.
``(6) Establishing practices to ensure the timely and complete
dissemination of research findings and related data relating to
perfluoroalkyl substances or polyfluoroalkyl substances to the
general public.''.
SEC. 342. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF STUDY AND
ASSESSMENT ON HEALTH IMPLICATIONS OF PER- AND POLYFLUOROALKYL
SUBSTANCES CONTAMINATION IN DRINKING WATER BY AGENCY FOR TOXIC
SUBSTANCES AND DISEASE REGISTRY.
Section 316(a)(2)(B) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350), as amended by
section 315(a) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1713), section 321
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1307), section 337 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3533), and section 342 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1643), is further amended--
(1) in clause (ii), by striking ``2023'' and inserting
``2022''; and
(2) by adding at the end the following new clause:
``(iii) Without regard to section 2215 of title 10, United
States Code, the Secretary of Defense may transfer not more
than $20,000,000 during fiscal year 2023 to the Secretary of
Health and Human Services to pay for the study and assessment
required by this section.''.
SEC. 343. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING TURNOUT
GEAR.
Section 330 of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 134 Stat. 3528; 10 U.S.C. 2661 note
prec.) is amended--
(1) in subsection (a)--
(A) by striking ``of a non-PFAS-containing'' and inserting
``of the following:''
``(1) A non-PFAS-containing''; and
(B) by adding at the end the following new paragraph:
``(2) Covered personal protective firefighting equipment that
does not contain an intentionally added perfluoroalkyl substance or
polyfluoroalkyl substance.''; and
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section:
``(1) The term `perfluoroalkyl substance' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
``(2) The term `polyfluoroalkyl substance' means a man-made
chemical containing at least one fully fluorinated carbon atom and
at least one non-fully fluorinated carbon atom.
``(3) The term `covered personal protective firefighting
equipment'' means the following:
``(A) Turnout gear jacket or coat.
``(B) Turnout gear pants.
``(C) Turnout coveralls.
``(D) Any other personal protective firefighting equipment,
as determined by the Secretary of Defense, in consultation with
the Administrator of the United States Fire Administration.''.
SEC. 344. MODIFICATION OF LIMITATION ON DISCLOSURE OF RESULTS OF
TESTING FOR PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES ON
PRIVATE PROPERTY.
Section 345(a)(2) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2715 note) is amended by
inserting ``personally identifiable information in connection with''
after ``publicly disclose''.
SEC. 345. RESTRICTION ON PROCUREMENT OR PURCHASING BY DEPARTMENT OF
DEFENSE OF TURNOUT GEAR FOR FIREFIGHTERS CONTAINING
PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES.
(a) Prohibition on Procurement and Purchasing.--Subject to
subsection (d), beginning on October 1, 2026, the Secretary of Defense
may not enter into a contract to procure or purchase covered personal
protective firefighting equipment for use by Federal or civilian
firefighters if such equipment contains an intentionally added
perfluoroalkyl substance or polyfluoroalkyl substance.
(b) Implementation.--
(1) Inclusion in contracts.--The Secretary of Defense shall
include the prohibition under subsection (a) in any contract
entered into by the Department of Defense to procure covered
personal protective firefighting equipment for use by Federal or
civilian firefighters.
(2) No obligation to test.--In carrying out the prohibition
under subsection (a), the Secretary shall not have an obligation to
test covered personal protective firefighting equipment to confirm
the absence of perfluoroalkyl substances or polyfluoroalkyl
substances.
(c) Existing Inventory.--Nothing in this section shall impact
existing inventories of covered personal protective firefighting
equipment.
(d) Availability of Alternatives.--
(1) In general.--The requirement under subsection (a) shall be
subject to the availability of sufficiently protective covered
personal protective firefighting equipment that does not contain
intentionally added perfluoroalkyl substances or polyfluoroalkyl
substances.
(2) Extension of effective date.--If the Secretary of Defense
determines that no sufficiently protective covered personal
protective firefighting equipment that does not contain
intentionally added perfluoroalkyl substances or polyfluoroalkyl
substances is available, the deadline under subsection (a) shall be
extended until the Secretary determines that such covered personal
protective firefighting equipment is available.
(e) Definitions.--In this section:
(1) The term ``covered personal protective firefighting
equipment'' means--
(A) any product that provides protection to the upper and
lower torso, arms, legs, head, hands, and feet; or
(B) any other personal protective firefighting equipment,
as determined by the Secretary of Defense.
(2) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(3) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing at least one fully fluorinated carbon atom and
at least one non-fully fluorinated carbon atom.
SEC. 346. ANNUAL REPORT ON PFAS CONTAMINATION AT CERTAIN MILITARY
INSTALLATIONS FROM SOURCES OTHER THAN AQUEOUS FILM-FORMING FOAM.
Not later than one year after the date of the enactment of this
Act, and annually thereafter for the following four years, the Under
Secretary of Defense for Acquisition and Sustainment shall submit to
the congressional defense committees a report on any known or suspected
contamination on or around military installations located in the United
States resulting from the release of any perfluoroalkyl substance or
polyfluoroalkyl substance originating from a source other than aqueous
film-forming foam.
SEC. 347. REPORT ON CRITICAL PFAS USES; BRIEFINGS ON DEPARTMENT OF
DEFENSE PROCUREMENT OF CERTAIN ITEMS CONTAINING PFOS OR PFOA.
(a) Identification of Critical Uses.--Not later than June 1, 2023,
the Secretary of Defense, in consultation with the Defense Critical
Supply Chain Task Force and the Chemical and Material Risk Management
Program of the Department of Defense, shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
outlining the uses of perfluoroalkyl substances and polyfluoroalkyl
substances that are critical to the national security of the United
States, with a focus on such critical uses in--
(1) the sectors outlined in the February 2022 report of the
Department of Defense titled ``Securing Defense-Critical Supply
Chains''; and
(2) sectors of strategic importance for domestic production and
investment to build supply chain resilience, including kinetic
capabilities, energy storage and batteries, and microelectronics
and semiconductors.
(b) Annual Briefings.--Not later than 270 days after the date of
the enactment of this Act, and annually thereafter, the Secretary of
Defense shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing that includes a
description of each of the following:
(1) Steps taken to identify covered items procured by the
Department of Defense that contain perfluorooctane sulfonate (PFOS)
or perfluorooctanoic acid (PFOA).
(2) Steps taken to identify products and vendors of covered
items that do not contain PFOS or PFOA.
(3) Steps taken to limit the procurement by the Department of
covered items that contain PFOS or PFOA.
(4) Steps the Secretary intends to take to limit the
procurement of covered items that contain PFOS or PFOA.
(c) Covered Item Defined.--In this section, the term ``covered
item'' means--
(1) nonstick cookware or cooking utensils for use in galleys or
dining facilities; and
(2) upholstered furniture, carpets, and rugs that have been
treated with stain-resistant coatings.
Subtitle E--Logistics and Sustainment
SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATERIEL READINESS
METRICS AND OBJECTIVES FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) In General.--Section 118 of title 10, United States Code, is
amended:
(1) in subsection (d)(2), by striking ``objectives'' and
inserting ``objectives, such as infrastructure, workforce, or
supply chain considerations'';
(2) redesignating subsection (e) as subsection (f); and
(3) inserting after subsection (d) the following new subsection
(e):
``(e) Funding Estimates.--Not later than five days after the date
on which the Secretary of Defense submits to Congress the materials in
support of the budget of the President for a fiscal year, the Director
of Cost Assessment and Performance Evaluation shall submit to the
congressional defense committees a comprehensive estimate of the funds
necessary to meet the materiel readiness objectives required by
subsection (c) through the period covered by the most recent future-
years defense program. At a minimum, the Director shall provide, for
each major weapon system, by designated mission design series, variant,
or class, a comprehensive estimate of the funds necessary to meet such
objectives that--
``(1) have been obligated by subactivity group within the
operation and maintenance accounts for the second fiscal year
preceding the budget year;
``(2) the Director estimates will have been obligated by
subactivity group within the operation and maintenance accounts by
the end of the fiscal year preceding the budget year; and
``(3) have been budgeted and programmed across the future years
defense program within the operation and maintenance accounts by
subactivity group.''.
(b) Phased Implementation.--The Director of Cost Assessment and
Performance Evaluation may meet the requirements of subsection (e) of
section 118 of title 10, United States Code, as added by subsection
(a), through a phased submission of the funding estimates required
under such subsection. In conducting a phased implementation, the
Director shall ensure that--
(1) for the budget request for fiscal year 2024, funding
estimates are provided for a representative sample by military
department of at least one-third of the major weapon systems;
(2) for the budget request for fiscal year 2025, funding
estimates are provided for an additional one-third of the major
weapon systems; and
(3) full implementation for all major weapons systems is
completed not later than five days after the date on which the
Secretary of Defense submits to Congress the materials in support
of the budget of the President for fiscal year 2026.
SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MODERNIZATION OF NAVAL
VESSELS.
(a) Annual Plan.--Section 231 of title 10, United States Code, is
amended--
(1) in the heading, by inserting ``, maintenance, and
modernization'' after ``construction'';
(2) by redesignating subsections (d) through (f) as subsections
(e) through (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) Annual Plan for Maintenance and Modernization of Naval
Vessels.--In addition to the plan included under subsection (a)(1), the
Secretary of Defense shall include with the defense budget materials
for a fiscal year each of the following:
``(1) A plan for the maintenance and modernization of naval
vessels that includes the following:
``(A) A forecast of the maintenance and modernization
requirements for both the naval vessels in the inventory of the
Navy and the vessels required to be delivered under the naval
vessel construction plan under subsection (a)(1).
``(B) A description of the initiatives of the Secretary of
the Navy to ensure that activities key to facilitating the
maintenance and modernization of naval vessels (including with
respect to increasing workforce and industrial base capability
and capacity, shipyard level-loading, and facility
improvements) receive sufficient resourcing, and are including
in appropriate planning, to facilitate the requirements
specified in subparagraph (A).
``(2) A certification by the Secretary that both the budget for
that fiscal year and the future-years defense program submitted to
Congress in relation to such budget under section 221 of this title
provide for funding for the maintenance and modernization of naval
vessels at a level that is sufficient for such maintenance and
modernization in accordance with the plan under paragraph (1).'';
and
(4) in subsection (f), as redesignated by paragraph (2), by
inserting `` and the plan and certification under subsection (d)''
after ``subsection (a)''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of title 10, United States Code, is amended by striking the
item relating to section 231 and inserting the following new item:
``231. Budgeting for construction, maintenance, and modernization of
naval vessels: annual plan and certification.''.
SEC. 353. INCLUSION OF INFORMATION REGARDING JOINT MEDICAL
ESTIMATES IN READINESS REPORTS.
Section 482(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new
paragraph:
``(11) A summary of the joint medical estimate under section
732(b)(1) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1817) prepared
by the Joint Staff Surgeon, with a mitigation plan to correct any
readiness problem or deficiency and the timeline, cost, and any
legislative action required to correct any such problem or
deficiency.''.
SEC. 354. INAPPLICABILITY OF ADVANCE BILLING DOLLAR LIMITATION FOR
RELIEF EFFORTS FOLLOWING MAJOR DISASTERS OR EMERGENCIES.
Section 2208(l)(3) of title 10, United States Code, is amended--
(1) by striking ``The total'' and inserting ``(A) Except as
provided in subparagraph (B), the total''; and
(2) by adding at the end the following new subparagraph:
``(B) The dollar limitation under subparagraph (A) shall not apply
with respect to advance billing for relief efforts following a
declaration of a major disaster or emergency under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.).''.
SEC. 355. REPEAL OF COMPTROLLER GENERAL REVIEW ON TIME LIMITATIONS
ON DURATION OF PUBLIC-PRIVATE COMPETITIONS.
Section 322(c) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2252) is repealed.
SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS
REGARDING SHIPYARD INFRASTRUCTURE OPTIMIZATION PLAN OF THE NAVY.
(a) In General.--Not later than March 1, 2023, the Secretary of the
Navy shall--
(1) develop metrics for assessing progress of the Secretary
toward improved shipyard capacity and performance in carrying out
the Shipyard Infrastructure Optimization Plan of the Navy,
including by measuring the effectiveness of capital investments;
(2) ensure that the shipyard optimization program office of the
Navy--
(A) includes all costs, such as inflation, program office
activities, utilities, roads, environmental remediation,
historic preservation, and alternative workspace when
developing a detailed cost estimate; and
(B) uses cost estimating best practices in developing a
detailed cost estimate, including--
(i) a program baseline;
(ii) a work breakdown structure;
(iii) a description of the methodology and key
assumptions;
(iv) a consideration of inflation;
(v) a full assessment of risk and uncertainty; and
(vi) a sensitivity analysis; and
(3) obtain independent cost estimates for projects under the
shipyard optimization program that are estimated to exceed
$250,000,000, to validate the cost estimates of the Navy developed
for such projects pursuant to paragraph (2) and inform the
prioritization of projects under such program.
(b) Briefing.--If the Secretary of the Navy is unable to implement
the requirements under subsection (a) by March 1, 2023, the Secretary
shall brief the Committees on Armed Services of the Senate and the
House of Representatives before such date on--
(1) the current progress of the Secretary toward implementing
those requirements;
(2) any hindrance to implementing those requirements; and
(3) any additional resources necessary to implement those
requirements.
SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS FOR MILITARY
INFORMATION SUPPORT OPERATIONS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for Operation and Maintenance, Defense-Wide, for
military information support operations, not more than 75 percent may
be obligated or expended until the Secretary of Defense submits to the
congressional defense committees a plan for--
(1) appropriately scoping and tailoring messaging activities to
foreign target audiences;
(2) ensuring messages serve a valid military purpose;
(3) effectively managing risk associated with web-based
military information support operations;
(4) maintaining alignment with policies and procedures of the
Department of Defense;
(5) adequately overseeing and approving the work of
contractors;
(6) ensuring alignment with policy guidance and procedures of
the Department; and
(7) coordinating activities with the Global Engagement Center
of the Department of State and other relevant non-Department of
Defense entities.
SEC. 358. NOTIFICATION OF MODIFICATION TO POLICY REGARDING
RETENTION RATES FOR NAVY SHIP REPAIR CONTRACTS.
(a) Notification.--The Secretary of the Navy may not modify the
general policy of the Department of the Navy regarding retention rates
for contracts for Navy ship repair until a period of 15 days has
elapsed following the date on which the Assistant Secretary of the Navy
for Research, Development, and Acquisition submits to the congressional
defense committees a notification that includes, with respect to such
modification, the following information:
(1) An identification of any considerations that informed the
decision to so modify.
(2) A description of the desired effect of the modification on
the Navy ship repair industrial base.
(b) Termination.--This section, and the requirements thereof, shall
terminate on September 30, 2025.
SEC. 359. RESEARCH AND ANALYSIS ON CAPACITY OF PRIVATE SHIPYARDS IN
UNITED STATES AND EFFECT OF THOSE SHIPYARDS ON NAVAL FLEET
READINESS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Navy shall seek to enter
into an agreement with a nonprofit entity or a federally funded
research and development center to conduct research and analysis
regarding the capacity and capability of private shipyards in the
United States to repair, maintain, and modernize surface combatants and
support ships of the Navy to ensure fleet readiness.
(b) Elements.--The research and analysis conducted under subsection
(a) shall include the following:
(1) An assessment of the maintenance needs of the Navy during
the five-year period preceding the date of the enactment of this
Act, including the frequency of unplanned maintenance and the
average time it takes to repair ships.
(2) An assessment of the projected maintenance needs of the
Navy during the 10-year period following such date of enactment.
(3) An assessment of whether current private shipyards in the
United States have the capacity to meet current and anticipated
needs of the Navy to maintain and repair ships, including whether
there are adequate ship repair facilities and a sufficiently
trained workforce.
(4) An identification of barriers limiting the success of
intermediate-level and depot-level maintenance availabilities,
including constraints of adding private depot capacity and
capability.
(5) Recommendations based on the findings of paragraphs (1)
through (4) regarding actions the Secretary of the Navy can take to
ensure there is an industrial base of private ship repair
facilities to meet the needs of the Navy and ensure fleet
readiness, including whether the Secretary should institute a new
force generation model, establish additional homeport facilities,
or establish new hub-type maintenance facilities.
(c) Input From Private Shipyards.--In conducting research and
analysis under subsection (a), the nonprofit entity or federally funded
research and development center with which the Secretary of the Navy
enters into an agreement under subsection (a) shall consult with
private shipyards regarding--
(1) the fleet maintenance needs of surface combatant and
support ships of the Navy;
(2) private shipyard capacity, including workforce; and
(3) additional investment in private shipyards necessary to
meet the needs of the Navy.
(d) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the nonprofit entity or federally funded
research and development center with which the Secretary of the
Navy enters into an agreement under subsection (a) shall submit to
the Secretary a report on the results of the research and analysis
undertaken under such subsection.
(2) Submission to congress.--Not later than 30 days after the
Secretary receives the report under paragraph (1), the Secretary
shall submit to the congressional defense committees a copy of the
report.
SEC. 360. INDEPENDENT STUDY RELATING TO FUEL DISTRIBUTION LOGISTICS
ACROSS UNITED STATES INDO-PACIFIC COMMAND.
(a) Study.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into a
contract with a federally funded research and development center that
meets the criteria under subsection (b) to conduct a study on fuel
distribution logistics in the area of responsibility of the United
States Indo-Pacific Command.
(b) Criteria for FFRDC.--The criteria under this subsection are the
following:
(1) A primary focus on the conduct of studies and analysis.
(2) A demonstrated record of conducting research and analysis
using a multidisciplinary approach.
(3) A strong reputation for publishing publicly releasable
analysis to inform public debate.
(c) IDA Strategic Fuel Assessment.--In conducting the study
pursuant to a contract under subsection (a), the federally funded
research and development center shall use the results of the July 1,
2020, report of the Institute for Defense Analyses titled ``INDOPACOM
Strategic Fuel Assessment'' as a baseline to inform its analysis of
fuel distribution logistics in the area of responsibility of the United
States Indo-Pacific Command.
(d) Elements.--A contract under subsection (a) shall provide that a
study conducted under the contract shall include, with respect to the
area of responsibility of the United States Indo-Pacific Command, the
following:
(1) An evaluation of the vulnerabilities associated with the
production, refinement, and distribution of fuel by the Armed
Forces during periods of conflict and in contested logistics
environments within the area, including with respect to the
capability of the Armed Forces to sustain operational flights by
aircraft and joint force distributed operations.
(2) An assessment of potential adversary capabilities to
disrupt such fuel distribution in the area through a variety of
means, including financial means, cyber means, and conventional
kinetic attacks.
(3) An assessment of any gaps in the capability or capacity of
inter- or intra-theater fuel distribution, including any gaps
relating to storage, transfer platforms, manning for platforms,
command and control, or fuel handling.
(4) An evaluation of the positioning of defense fuel support
points in the area, including with respect to operational
suitability and vulnerability to a variety of kinetic threats.
(5) An assessment of the readiness of allies and partners of
the United States to support the supply, storage, and distribution
of fuel by the Armed Forces in the area, including a review of any
relevant security cooperation agreements entered into between the
United States and such allies and partners.
(6) An assessment of potential actions to mitigate any
vulnerabilities identified pursuant to the study.
(e) Report.--
(1) Submission to secretary of defense.--
(A) In general.--A contract under subsection (a) shall
provide that a study conducted under the contract shall require
that the federally funded research and development center
submit to the Secretary a report containing the findings of
such study.
(B) Form.--The report under subparagraph (A) shall be
submitted in an unclassified and publicly releasable form, but
may include a classified annex.
(2) Submission to congress.--Not later than 30 days after the
date on which the Secretary receives the report under paragraph
(1)(A), the Secretary shall submit to the appropriate congressional
committees a copy of such report, submitted without change.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(C) the Committee on Commerce, Science, and Transportation
of the Senate.
(2) The term ``contested logistics environment'' has the
meaning given such term in section 2926 of title 10, United States
Code.
SEC. 361. QUARTERLY BRIEFINGS ON EXPENDITURES FOR ESTABLISHMENT OF
FUEL DISTRIBUTION POINTS IN UNITED STATES INDO-PACIFIC COMMAND
AREA OF RESPONSIBILITY.
(a) Quarterly Briefings.--On a quarterly basis until the date that
is two years after the date of the enactment of this Act, the Commander
of United States Indo-Pacific Command shall provide to the
congressional defense committees briefings on the use of the funds
described in subsection (c).
(b) Contents of Briefings.--Each briefing under subsection (a)
shall include an expenditure plan for the establishment of fuel
distribution points in the area of responsibility of United States
Indo-Pacific Command relating to the defueling and closure of the Red
Hill Bulk Fuel Storage Facility.
(c) Funds Described.--The funds described in this subsection are
the amounts authorized to be appropriated or otherwise made available
for fiscal year 2023 for Military Construction, Defense-wide for
Planning and Design for United States Indo-Pacific Command.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
SEC. 371. BUDGETING FOR DEPOT AND AMMUNITION PRODUCTION FACILITY
MAINTENANCE AND REPAIR: ANNUAL REPORT.
Chapter 9 of title 10, United States Code, is amended by adding at
the end the following new section (and conforming the table of sections
at the beginning of such chapter accordingly):
``Sec. 239d. Budgeting for depot and ammunition production facility
maintenance and repair: annual report
``(a) Annual Report.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall include with
the defense budget materials for each fiscal year a report regarding
the maintenance and repair of covered facilities.
``(b) Elements.--Each report required under subsection (a) shall
include, at a minimum, the following (disaggregated by military
department):
``(1) With respect to each of the three fiscal years preceding
the fiscal year covered by the defense budget materials with which
the report is included, revenue data for that fiscal year for the
maintenance, repair, and overhaul workload funded at all the depots
of the military department.
``(2) With respect to the fiscal year covered by the defense
budget materials with which the report is included and each of the
two fiscal years prior, an identification of the following:
``(A) The amount of appropriations budgeted for that fiscal
year for depots, further disaggregated by the type of
appropriation.
``(B) The amount budgeted for that fiscal year for working-
capital fund investments by the Secretary of the military
department for the capital budgets of the covered depots of the
military department, shown in total and further disaggregated
by whether the investment relates to the efficiency of depot
facilities, work environment, equipment, equipment (non-capital
investment program), or processes.
``(C) The total amount required to be invested by the
Secretary of the military department for that fiscal year for
the capital budgets of covered depots pursuant to section
2476(a) of this title.
``(D) A comparison of the budgeted amount identified under
subparagraph (B) with the total required amount identified
under subparagraph (C).
``(E) For each covered depot of the military department, of
the total required amount identified under subparagraph (C),
the percentage of such amount allocated, or projected to be
allocated, to the covered depot for that fiscal year.
``(3) For each covered facility of the military department, the
following:
``(A) Information on the average facility condition,
average critical facility condition, restoration and
maintenance project backlog, and average equipment age,
including a description of any changes in such metrics from
previous years.
``(B) Information on the status of the implementation at
the covered facility of the plans and strategies of the
Department of Defense relating to covered facility improvement,
including, as applicable, the implementation of the strategy
required under section 359 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1323; 10 U.S.C. 2460 note).
``(c) Definitions.--In this section:
``(1) The term `ammunition production facility' means an
ammunition organic industrial base production facility.
``(2) The terms `budget' and `defense budget materials' have
the meaning given those terms in section 234 of this title.
``(3) The term `covered depot' has the meaning given that term
in section 2476 of this title.
``(4) The term `covered facility' means a covered depot or an
ammunition production facility.''.
SEC. 372. EXTENSION OF AUTHORIZATION OF DEPOT WORKING CAPITAL FUNDS
FOR UNSPECIFIED MINOR MILITARY CONSTRUCTION.
Section 2208(u)(4) of title 10, United States Code, is amended by
striking ``2023'' and inserting ``2025''.
SEC. 373. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT AND AMMUNITION
PRODUCTION FACILITY INFRASTRUCTURE.
Chapter 146 of title 10, United States Code, is amended by
inserting after section 2742 the following new section (and conforming
the table of sections at the beginning of such chapter accordingly):
``Sec. 2473. Annual five-year plans on improvement of depot
infrastructure
``(a) Submission.--As part of the annual budget submission of the
President under section 1105(a) of title 31, each Secretary of a
military department shall submit to the congressional defense
committees a plan describing the objectives of that Secretary to
improve depot infrastructure during the five fiscal years following the
fiscal year for which such budget is submitted.
``(b) Elements.--Each plan submitted by a Secretary of a military
department under subsection (a) shall include the following:
``(1) With respect to the five-year period covered by the plan,
an identification of the major lines of effort, milestones, and
specific goals of the Secretary over such period relating to the
improvement of depot infrastructure and a description of how such
goals support the goals outlined in section 359(b)(1)(B) of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1324; 10 U.S.C. 2476 note).
``(2) The estimated costs of necessary depot infrastructure
improvements and a description of how such costs would be addressed
by the Department of Defense budget request submitted during the
same year as the plan and the applicable future-years defense
program.
``(3) Information regarding the plan of the Secretary to
initiate such environmental and engineering studies as may be
necessary to carry out planned depot infrastructure improvements.
``(4) Detailed information regarding how depot infrastructure
improvement projects will be paced and sequenced to ensure
continuous operations.
``(c) Incorporation of Results-oriented Management Practices.--Each
plan under subsection (a) shall incorporate the leading results-
oriented management practices identified in the report of the
Comptroller General of the United States titled `Actions Needed to
Improve Poor Conditions of Facilities and Equipment that Affect
Maintenance Timeliness and Efficiency' (GAO-19-242), or any successor
report, including--
``(1) analytically based goals;
``(2) results-oriented metrics;
``(3) the identification of required resources, risks, and
stakeholders; and
``(4) regular reporting on progress to decision makers.''.
SEC. 374. MODIFICATION TO MINIMUM CAPITAL INVESTMENT FOR CERTAIN
DEPOTS.
(a) Modification.--Section 2476 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Each fiscal year'' and inserting ``(1)
Each fiscal year'';
(B) by striking ``six'' and inserting ``eight''; and
(C) by inserting after paragraph (1), as designated by
subparagraph (A), the following new paragraph:
``(2) Of the amount required to be invested in the capital budgets
of the covered depots of a military department under paragraph (1) for
each fiscal year--
``(A) 75 percent shall be used for the modernization or
improvement of the efficiency of depot facilities, equipment, work
environment, or processes in direct support of depot operations;
and
``(B) 25 percent shall be used for the sustainment,
restoration, and modernization (as such terms are defined in the
Department of Defense Financial Management Regulation 7000.14-R, or
successor regulation) of existing facilities or infrastructure.'';
(2) in subsection (b), by striking ``, but does not include
funds spent for sustainment of existing facilities, infrastructure,
or equipment'';
(3) by redesignating subsections (c) through (e) as subsections
(d) through (f);
(4) by inserting after subsection (b) the following new
subsection:
``(c) Compliance With Certain Requirements Relating to Personnel
and Total Force Management.--In identifying amounts to invest pursuant
to the requirement under subsection (a)(1), the Secretary of a military
department shall comply with all applicable requirements of sections
129 and 129a of this title.''; and
(5) in subsection (e)(2), as redesignated by paragraph (3), by
adding at the end the following new subparagraph:
``(F) A table enumerating, for the period covered by the
report, the amounts invested to meet the requirement under
subsection (a)(1), disaggregated by funding source and whether the
amount is allocated pursuant to subparagraph (A) or subparagraph
(B) of subsection (a)(2).''.
(b) Technical and Conforming Amendments.--
(1) In general.--Such section is further amended in subsections
(d) and (e), as redesignated by subsection (a)(3), by striking
``subsection (a)'' and inserting ``subsection (a)(1)'' each place
it appears.
(2) Additional technical and conforming amendments.--Section
2861(b) of title 10, United States Code, is amended--
(A) by striking ``subsection (e) of section 2476'' and
inserting ``subsection (f) of section 2476''; and
(B) by striking ``subsection (a) of such section'' and
inserting ``subsection (a)(1) of such section''.
(c) Applicability.--The amendments made by this section shall apply
with respect to fiscal years beginning on or after October 1, 2023.
SEC. 375. CONTINUATION OF REQUIREMENT FOR BIENNIAL REPORT ON CORE
DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) In General.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) does not apply to the report required to be
submitted to Congress under section 2464(d) of title 10, United States
Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2401; 10 U.S.C. 111 note) is amended by striking paragraph (45).
SEC. 376. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT ON FUNDS
EXPENDED FOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR
WORKLOADS.
(a) In General.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) does not apply to the report required to be
submitted to Congress under section 2466(d) of title 10, United States
Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2401; 10 U.S.C. 111 note) is amended by striking paragraph (46).
SEC. 377. CLARIFICATION OF CALCULATION FOR CERTAIN WORKLOAD
CARRYOVER OF DEPARTMENT OF THE ARMY.
For purposes of calculating the amount of workload carryover with
respect to the depots and arsenals of the Department of the Army, the
Secretary of Defense shall authorize the Secretary of the Army to use a
calculation for such carryover that applies a material end of period
exclusion.
Subtitle G--Other Matters
SEC. 381. ANNUAL REPORTS BY DEPUTY SECRETARY OF DEFENSE ON
ACTIVITIES OF JOINT SAFETY COUNCIL.
Section 184(k) of title 10, United States Code is amended--
(1) by striking ``Report.--The Chair'' and inserting
``Reports.--(1) The Chair''; and
(2) by adding at the end the following new paragraph:
``(2) Not later than March 31, 2023, and not later than December 31
of each year thereafter, the Deputy Secretary of Defense shall submit
to the congressional defense committees a report containing--
``(A) a summary of the goals and priorities of the Deputy
Secretary for the year following the date of the submission of the
report with respect to the activities of the Council; and
``(B) an assessment by the Deputy Secretary of the activities
of the Council carried out during the year preceding the date of
such submission.''.
SEC. 382. ACCOUNTABILITY FOR DEPARTMENT OF DEFENSE CONTRACTORS
USING MILITARY WORKING DOGS.
(a) In General.--Chapter 50 of title 10, United States Code, is
amended by adding at the end the following new section (and conforming
the table of sections at the beginning of such chapter accordingly):
``Sec. 995. Accountability for contractors using military working dogs
``(a) Annual Reporting Requirement for Contractors.--Each covered
contract shall specify that the contractor is required to submit to the
Under Secretary of Defense (Comptroller), on an annual basis for the
duration of the covered contract, a report containing an identification
of--
``(1) the number of military working dogs that are in the
possession of the covered contractor and located outside of the
continental United States in support of a military operation, if
any; and
``(2) the primary location of any such military working dogs.
``(b) Covered Contract Defined.--In this section the term `covered
contract' means a contract that the Secretary of Defense determines
involves military working dogs.''.
(b) Applicability.--Section 995 of title 10, United States Code, as
added by subsection (a), shall apply with respect to a contract entered
into on or after the date of the enactment of this Act.
(c) Briefing Requirement.--Not later than March 1, 2023, and
annually thereafter for each of the subsequent three years, the
Secretary of Defense shall provide to the congressional defense
committees a briefing on the implementation of section 995 of title 10,
United States Code, as added by subsection (a).
(d) Deadline for Guidance.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense
(Comptroller) shall issue the guidance on the annual reporting
requirement under section 995 of title 10, United States Code, as added
by subsection (a).
(e) Regulations to Prohibit Abandonment.--Not later than two years
after the date of the enactment of this Act, the Secretary of Defense
shall issue regulations to prohibit the abandonment of military working
dogs used in support of a military operation outside of the continental
United States.
SEC. 383. MEMBERSHIP OF COAST GUARD ON JOINT SAFETY COUNCIL.
Section 184(b)(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (D) as subparagraph (E); and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) During periods in which the Coast Guard is not operating
as a service in the Department of the Navy, an officer of the Coast
Guard, appointed by the Secretary of Homeland Security.''.
SEC. 384. INCLUSION IN REPORT ON UNFUNDED PRIORITIES NATIONAL GUARD
RESPONSIBILITIES IN CONNECTION WITH NATURAL AND MAN-MADE
DISASTERS.
(a) In General.--In the report required under section 222a of title
10, United States Code, for fiscal year 2024, the officer specified
under subsection (b)(7) of such section shall include as part of the
National Guard unfunded priorities described in subsection (c)(3) of
such section unfunded priorities that relate to non-Federal National
Guard responsibilities in connection with natural and man-made
disasters.
(b) Technical Amendment.--Section 222a(c)(3) of title 10, United
States Code, is amended by striking ``subsection (b)(6)'' both places
it appears and inserting ``subsection (b)(7)''.
SEC. 385. SUPPORT FOR TRAINING OF NATIONAL GUARD PERSONNEL ON
WILDFIRE PREVENTION AND RESPONSE.
Section 351 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1367; 32 U.S.C. 501 note) is
amended to read as follows:
``SEC. 351. TRAINING OF NATIONAL GUARD PERSONNEL ON WILDFIRE
PREVENTION AND RESPONSE.
``The Secretary of the Army and the Secretary of the Air Force, in
consultation with the Chief of the National Guard Bureau, may provide
support for the training of appropriate personnel of the National Guard
on wildfire prevention and response. In carrying out this section, the
Secretaries--
``(1) shall give a preference to personnel assigned to military
installations with the highest wildfire suppression needs, as
determined by the Secretaries; and
``(2) may consult with the Executive Board of the National
Interagency Fire Center.''.
SEC. 386. INTERAGENCY COLLABORATION AND EXTENSION OF PILOT PROGRAM
ON MILITARY WORKING DOGS AND EXPLOSIVES DETECTION.
(a) Extension of Pilot Program.--Section 381(b) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1672; 10 U.S.C. 3062 note) is amended by striking ``2024'' and
inserting ``2025''.
(b) Review of Research Efforts of Department of Defense and
Department of Homeland Security.--
(1) Review.--The Secretary of Defense, in coordination with the
Secretary of Homeland Security, shall conduct a review of the
recent and ongoing research, testing, and evaluation efforts of the
Department of Defense and the Department of Homeland Security,
respectively, regarding explosives detection working dogs.
(2) Matters.--The review under paragraph (1) shall include an
analysis of the following:
(A) Any recent or ongoing research efforts of the
Department of Defense or the Department of Homeland Security,
respectively, relating to explosives detection working dogs,
and any similarities between such efforts.
(B) Any recent or ongoing veterinary research efforts of
the Department of Defense or the Department of Homeland
Security, respectively, relating to working dogs, canines, or
other areas that may be relevant to the improvement of the
breeding, health, performance, or training of explosives
detection working dogs.
(C) Any research areas relating to explosives detection
working dogs in which there is a need for ongoing research but
no such ongoing research is being carried out by either the
Secretary of Defense or the Secretary of Homeland Security,
particularly with respect to the health, domestic breeding, and
training of explosives detection working dogs.
(D) How the recent and ongoing research efforts of the
Department of Defense and the Department of Homeland Security,
respectively, may improve the domestic breeding of working
dogs, including explosives detection working dogs, and the
health outcomes and performance of such domestically bred
working dogs, including through coordination with academic or
industry partners with experience in research relating to
working dogs.
(E) Potential opportunities for the Secretary of Defense to
collaborate with the Secretary of Homeland Security on research
relating to explosives detection working dogs.
(F) Any research partners of the Department of Defense or
the Department of Homeland Security, or both, that may be
beneficial in assisting with the research efforts and areas
described in this subsection.
(c) Plan Required.--Not later than 180 days of the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of Homeland Security, shall submit to the appropriate
congressional committees a plan for the Secretary of Defense to
collaborate, as appropriate, with the Secretary of Homeland Security on
research relating to explosives detection working dogs and other
relevant matters. Such plan shall include the following:
(1) An analysis of potential opportunities for collaboration
between the Secretary of Defense and the Secretary of Homeland
Security on the research efforts and areas described in subsection
(a)(2).
(2) An identification of specific programs or areas of research
for such collaboration.
(3) An identification of any additional agreements or
authorities necessary for the Secretaries to carry out such
collaboration.
(4) An identification of additional funding necessary to carry
out such collaboration.
(5) An analysis of potential coordination on the research
efforts and areas described in subsection (a)(2) with academic and
industry partners with experience in research relating to working
dogs, including an identification of potential opportunities for
such coordination in carrying out the collaboration described in
paragraph (1).
(6) A proposed timeline for the Secretary of Defense to engage
in such collaboration, including specific proposed deadlines.
(7) A description of how programs carried out pursuant to this
section seek to address the health and welfare issues identified by
the Comptroller General of the United States in the report titled
``Working Dogs: Federal Agencies Need to Better Address Health and
Welfare'' published on October 19, 2022 (GAO-23-104489).
(8) Any other matters the Secretary of Defense considers
appropriate.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
following:
(A) The congressional defense committees.
(B) The Committee on Homeland Security of the House of
Representatives.
(C) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(2) The term ``explosives detection working dog'' means a
canine that, in connection with the work duties of the canine
performed for a Federal department or agency, is certified and
trained to detect odors indicating the presence of explosives in a
given object or area, in addition to the performance of such other
duties for the Federal department or agency as may be assigned.
SEC. 387. AMENDMENT TO THE SIKES ACT.
(a) Use of Natural Features.--Section 101(a)(3)(A) of the Sikes Act
(16 U.S.C. 670a(a)(3)(A)) is amended--
(1) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively; and
(2) by inserting after clause (i) the following:
``(ii) the use of natural and nature-based features to
maintain or improve military installation resilience;''.
(b) Expanding and Making Permanent the Program for Invasive Species
Management for Military Installations.--Section 101(g) of the Sikes Act
(16 U.S.C. 670a(g)) is amended--
(1) by striking the header and inserting ``Program for Invasive
Species Management for Military Installations''; and
(2) in paragraph (1)--
(A) by striking ``During fiscal years 2009 through 2014,
the'' and inserting ``The''; and
(B) by striking ``in Guam''.
SEC. 388. NATIONAL STANDARDS FOR FEDERAL FIRE PROTECTION AT
MILITARY INSTALLATIONS.
(a) Standards Required.--Beginning not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall
ensure that--
(1) members of the Armed Forces and employees of Defense
Agencies who provide fire protection services to military
installations comply with the national consensus standards
developed by the National Fire Protection Association;
(2) the minimum staffing requirement for any firefighting
vehicle responding to a structural building emergency at a military
installation is not less than four firefighters per vehicle; and
(3) the minimum staffing requirement for any firefighting
vehicle responding to an aircraft or airfield incident at a
military installation is not less than three firefighters per
vehicle.
(b) Reports Required.--Not later than 180 days after the date of
the enactment of this Act, each Secretary of a military department
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report that--
(1) details each instance in which the standards of that
military department deviate from the national consensus standards
specified in subsection (a)(1), and at what military installation;
(2) includes, for each military installation under the
jurisdiction of that Secretary, a detailed description of response
times for emergency services and firefighting vehicle staffing
levels; and
(3) includes an assessment of the feasibility of requiring
compliance with the national consensus standards specified in
subsection (a)(1) in accordance with such subsection at each
military installation under the jurisdiction of that Secretary
(without exception), the cost of requiring such compliance, and the
estimated timeline for that Secretary to implement such
requirement.
(c) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``Defense Agency'' have the
meanings given such terms in section 101 of title 10, United States
Code.
(2) The term ``firefighter'' has the meaning given that term in
section 707(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Pub. L. 116-92; 10 U.S.C. 1074m note).
(3) The term ``military installation'' has the meaning given
that term in section 2801 of title 10, United States Code.
SEC. 389. PILOT PROGRAMS FOR TACTICAL VEHICLE SAFETY DATA
COLLECTION.
(a) In General.--Not later than October 1, 2023, the Secretary of
the Army and the Secretary of the Navy shall each initiate a pilot
program to evaluate the utility of using data recorders to monitor,
assess, and improve readiness and the safe operation of military
tactical vehicles in the Army and the Marine Corps, respectively.
(b) Duration.--Each pilot program initiated under subsection (a)
shall be carried out for a period of not less than two years.
(c) Requirements.--In carrying out a pilot program under this
section, the Secretary of the Army and the Secretary of the Navy each
shall--
(1) select not fewer than one military installation in the
United States under the jurisdiction of the Secretary that contains
the necessary forces, equipment, and maneuver training ranges to
collect data on drivers and military tactical vehicles during
training and routine operation at which to carry out the pilot
program;
(2) install data recorders on a sufficient number of each type
of military tactical vehicle specified in subsection (d) to gain
statistically significant results;
(3) select a data recorder capable of collecting and exporting
telemetry data, event data, and driver identification data during
operation and accidents;
(4) establish and maintain a data repository for operation and
event data captured by the data recorder; and
(5) establish processes to leverage operation and event data to
improve individual vehicle operator performance, identify
installation hazards that threaten safe vehicle operation, and
identify vehicle-type specific operating conditions that increase
the risk of accidents or mishaps.
(d) Military Tactical Vehicles Specified.--Military tactical
vehicles specified in this subsection are the following:
(1) High Mobility Multipurpose Wheeled Vehicles.
(2) Family of Medium Tactical Vehicles.
(3) Medium Tactical Vehicle Replacements.
(4) Heavy Expanded Mobility Tactical Trucks.
(5) Light Armored Vehicles.
(6) Stryker armored combat vehicles.
(7) Such other military tactical vehicles as the Secretary of
the Army or the Secretary of the Navy considers appropriate.
(e) Cyber Risk Exemption.--The Secretary of the Army or the
Secretary of the Navy, as the case may be, may exempt from a pilot
program under this section a military tactical vehicle specified under
subsection (d) if that Secretary submits to the Committees on Armed
Services of the House of Representatives and the Senate a certification
that, with respect to inclusion of the military tactical vehicle, there
is a high potential of cyber risk as a result of the absence of a
cross-domain solution capable of segregating classified and
unclassified data.
(f) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army and the Secretary
of the Navy shall each--
(1) develop plans for implementing the pilot programs under
this section; and
(2) provide to the congressional defense committees a briefing
on those plans and the estimated cost of implementing those plans.
(g) Report Required.--Not later than December 15, 2024, the
Secretary of the Army and the Secretary of the Navy shall each submit
to the congressional defense committees a report on the respective
pilot programs carried out under this section by the Secretaries,
including--
(1) insights and findings regarding the utility of using data
recorders to monitor, assess, and improve readiness and the safe
operation of military tactical vehicles;
(2) adjustments made, or to be made, to the implementation
plans developed under subsection (f); and
(3) any other matters determined appropriate by the
Secretaries.
(h) Assessment Required.--Not later than December 15, 2025, the
Secretary of the Army and the Secretary of the Navy shall jointly
submit to the congressional defense committees an assessment of the
pilot programs carried out under this section, including--
(1) insights and findings regarding the utility of using data
recorders to monitor, assess, and improve readiness and the safe
operation of military tactical vehicles;
(2) an assessment of the utility of establishing an enduring
program to use data recorders to monitor, assess, and improve
readiness and the safe operation of military tactical vehicles;
(3) an assessment of the scope, size, and estimated cost of
such an enduring program; and
(4) such other matters as the Secretary of the Army and the
Secretary of the Navy determine appropriate.
SEC. 390. REQUIREMENTS RELATING TO REDUCTION OF OUT-OF-POCKET COSTS
OF MEMBERS OF THE ARMED FORCES FOR UNIFORM ITEMS.
(a) Tracking Requirement.--The Secretary of Defense shall take such
steps as may be necessary to track the expected useful life of uniform
items for officers and enlisted members of the Armed Forces, for the
purposes of--
(1) estimating the rate at which such uniform items are
replaced;
(2) determining the resulting out-of-pocket costs for such
members over time;
(3) determining the necessity of establishing a uniform
replacement allowance for officers of the Armed Forces, based on
the replacement rate estimated pursuant to paragraph (1) and the
out-of-pocket costs determined pursuant to paragraph (2); and
(4) determining the adequacy of the uniform allowance for
enlisted members of the Armed Forces.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the expected useful life
of required uniform items for members of the Armed Forces, projected
changes to such required uniform items, and related costs anticipated
by the Secretary (disaggregated by Armed Force). Such report shall
include--
(1) pricing information for each such item, including items
that are not considered uniquely military; and
(2) an assessment of the necessity of establishing a uniform
replacement allowance for officers of the Armed Forces, as
determined pursuant to subsection (a)(3).
SEC. 391. IMPLEMENTATION OF RECOMMENDATIONS RELATING TO ANIMAL
FACILITY SANITATION AND PLAN FOR HOUSING AND CARE OF HORSES.
(a) Implementation by Secretary of the Army of Certain
Recommendations Relating to Animal Facility Sanitation.--Not later than
March 1, 2023, the Secretary of the Army shall implement the
recommendations contained in the memorandum of the Department of the
Army dated February 25, 2022, the subject of which is ``Animal Facility
Sanitation Inspection Findings for the Fort Myer Caisson Barns/Paddocks
and the Fort Belvoir Caisson Pasture Facility'' (MHCB-RN).
(b) Plan for Housing and Care of All Horses Within Care of Old
Guard.--
(1) In general.--Not later than March 1, 2023, the Secretary of
the Army shall submit to Congress a plan for the housing and care
of all horses within the care of the 3rd United States Infantry
(commonly known as the ``Old Guard'').
(2) Elements.--The plan required by paragraph (1) shall
include--
(A) a description of each modification planned or underway
at the Fort Myer Caisson Barns/Paddocks, the Fort Belvoir
Caisson Pasture Facility, and any other facility or location
under consideration for stabling of the horses described in
paragraph (1);
(B) an identification of adequate space at Fort Myer,
Virginia, to properly care for the horses described in
paragraph (1);
(C) a prioritization of the allotment of the space
identified under subparagraph (B) over other functions of Fort
Myer that could be placed elsewhere;
(D) projected timelines and resource requirements to
execute the plan; and
(E) a description of--
(i) immediate remedies for the unsanitary and unsafe
conditions present at the locations described in
subparagraph (A); and
(ii) how long-term quality of life improvements will be
provided for the horses described in paragraph (1).
SEC. 392. CONTINUED DESIGNATION OF SECRETARY OF THE NAVY AS
EXECUTIVE AGENT FOR NAVAL SMALL CRAFT INSTRUCTION AND TECHNICAL
TRAINING SCHOOL.
The Secretary of the Navy shall continue, through fiscal year
2023--
(1) to perform the responsibilities of the Department of
Defense executive agent for the Naval Small Craft Instruction and
Technical Training School pursuant to section 352(b) of title 10,
United States Code; and
(2) to provide such support as may be necessary for the
continued operation of such school.
SEC. 393. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEGACY
MARITIME MINE COUNTERMEASURES PLATFORMS.
(a) Prohibition.--Except as provided in subsection (b), the
Secretary of the Navy may not obligate or expend funds to discontinue
or prepare to discontinue, including by making a substantive reduction
in training and operational employment, any element of the Marine
Mammal Program of the Navy, that has been used, or is currently being
used, for--
(1) port security at Navy bases, known as Mark-6 systems; or
(2) mine search capabilities, known as Mark-7 systems.
(b) Waiver.--The Secretary of the Navy may waive the prohibition
under subsection (a) if the Secretary, with the concurrence of the
Director of Operational Test and Evaluation, certifies in writing to
the congressional defense committees that the Secretary has--
(1) identified a replacement capability and the necessary
quantity of such capability to meet all operational requirements
currently being met by the Marine Mammal Program, including a
detailed explanation of such capability and quantity;
(2) achieved initial operational capability of all capabilities
referred to in paragraph (1), including a detailed explanation of
such achievement; and
(3) deployed a sufficient quantity of capabilities referred to
in paragraph (1) that have achieved initial operational capability
to continue to meet or exceed all operational requirements
currently being met by Marine Mammal Program, including a detailed
explanation of such deployment.
TITLE IV--MILITARY PERSONNEL AUTHORIZATION
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2023, as follows:
(1) The Army, 452,000.
(2) The Navy, 354,000.
(3) The Marine Corps, 177,000.
(4) The Air Force, 325,344.
(5) The Space Force, 8,600.
SEC. 402. END STRENGTH LEVEL MATTERS.
(a) Strength Levels to Support National Defense Strategy.--
(1) Repeal.--Section 691 of title 10, United States Code, is
repealed.
(2) Table of sections.--The table of sections at the beginning
of chapter 39 of such title is amended by striking the item
relating to section 691.
(b) Certain Active-duty and Selected Reserve Strengths.--Section
115 of such title is amended--
(1) in subsection (f), by striking ``increase'' each place it
appears and inserting ``vary''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following new subparagraphs:
``(A) vary the end strength pursuant to subsection (a)(1)(A)
for a fiscal year for the armed force or forces under the
jurisdiction of that Secretary by a number not equal to more than
two percent of such authorized end strength; and
``(B) vary the end strength pursuant to subsection (a)(2) for a
fiscal year for the Selected Reserve of the reserve component of
the armed force or forces under the jurisdiction of that Secretary
by a number equal to not more than one percent of such authorized
end strength.'';
(B) in paragraph (2), by striking ``increase'' each place
it appears and inserting ``variance''; and
(C) by adding at the end the following new paragraph (3):
``(3) The Secretary of the military department concerned shall
promptly notify the congressional defense committees if such Secretary
exceeds a variance under paragraph (1), and at least once every 90 days
thereafter for so long as such end strength is outside such variance.
Each such notification shall include the following:
``(A) Modified projected end strengths for active and reserve
components of the armed force or forces for which such Secretary
exceeds such variance.
``(B) An identification of any budgetary effects projected as a
result of such modified end strength projections.
``(C) An explanation of any effects on readiness resulting from
such modified end strength projections.''.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END STRENGTH.
(a) In General.--Notwithstanding section 115(g) of title 10, United
States Code, upon determination by the Secretary of the Air Force that
such action would enhance manning and readiness in essential units or
in critical specialties, the Secretary may vary the end strength
authorized by Congress for each fiscal year as follows:
(1) Increase the end strength authorized pursuant to section
115(a)(1)(A) of such title for a fiscal year for the Space Force by
a number equal to not more than 5 percent of such authorized end
strength.
(2) Decrease the end strength authorized pursuant to section
115(a)(1)(A) of such title for a fiscal year for the Space Force by
a number equal to not more than 10 percent of such authorized end
strength.
(b) Termination.--The authority provided under subsection (a) shall
terminate on December 31, 2023.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2023, as follows:
(1) The Army National Guard of the United States, 325,000.
(2) The Army Reserve, 177,000.
(3) The Navy Reserve, 57,000.
(4) The Marine Corps Reserve, 33,000.
(5) The Air National Guard of the United States, 108,400.
(6) The Air Force Reserve, 70,000.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which are on
active duty (other than for training) at the end of the fiscal
year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at
the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve for any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2023, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,077.
(4) The Marine Corps Reserve, 2,388.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The minimum number of military technicians (dual
status) as of the last day of fiscal year 2023 for the reserve
components of the Army and the Air Force (notwithstanding section 129
of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States, 22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 10,994.
(4) For the Air Force Reserve, 7,111.
(b) Limitation on Number of Temporary Military Technicians (dual
Status).--The number of temporary military technicians (dual-status)
employed under the authority of subsection (a) may not exceed 25
percent of the total authorized number specified in such subsection.
(c) Limitation.--Under no circumstances may a military technician
(dual status) employed under the authority of this section be coerced
by a State into accepting an offer of realignment or conversion to any
other military status, including as a member of the Active, Guard, and
Reserve program of a reserve component. If a military technician (dual
status) declines to participate in such realignment or conversion, no
further action will be taken against the individual or the individual's
position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2023, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2023 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2023.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty
in grades of major, lieutenant colonel, and colonel.
Sec. 502. Distribution of commissioned officers on active duty in
general officer and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in the
grades of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting
retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel
from limitations on authorized strengths for general and flag
officers.
Sec. 507. Constructive service credit for certain officers of the Armed
Forces.
Sec. 508. Improvements to the selection of warrant officers in the
military departments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory
retirement for Superintendents of military service academies.
Sec. 509A. Modification of reports on Air Force personnel performing
duties of a Nuclear and Missile Operations Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of
Defense and other Department of Defense headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve
Officers' Training Corps in reports accompanying the national
defense strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the
Junior Reserve Officers' Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in
the National Guard due to undue delays in Federal recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active
Guard and Reserve duty at the request of a Governor may not
interfere with certain duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of
certain reserve components.
Sec. 519. Independent study on Federal recognition of National Guard
officers.
Sec. 519A. Review and update of report on geographic dispersion of
Junior Reserve Officers' Training Corps.
Sec. 519B. Briefing on duties of the Army Interagency Training and
Education Center.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection
review boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by
members of the Armed Forces and Department of Defense and
Coast Guard employees and their families.
Sec. 523. Limitation of extension of period of active duty for a member
who accepts a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative
discharges of certain members on the basis of failure to
receive COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 527. Notification to next of kin upon the death of a member of the
Armed Forces: study; update; training; report.
Sec. 528. Gender-neutral fitness physical readiness standards for
military occupational specialties of the Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated from
the Armed Forces due to pregnancy or parenthood.
Subtitle D--Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding
prospective recruits.
Sec. 532. Revival and extension of temporary authority for targeted
recruitment incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of
Defense.
Sec. 535. Report on Department of Defense recruitment advertising to
racial and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in
public secondary schools.
Sec. 537. Best practices for the retention of certain female members of
the Armed Forces.
Sec. 538. Review of certain personnel policies of special operations
forces.
Sec. 539. Support for members who perform duties regarding remotely
piloted aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who
specialize in air and missile defense systems.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army CID
special agent training course.
Sec. 549. Review of titling and indexing practices of the Army and
certain other organizations.
Sec. 549A. Briefing and report on resourcing required for implementation
of military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of
offenses under the Uniform Code of Military Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F--Member Education
Sec. 551. Authorization of certain support for military service academy
foundations.
Sec. 552. Individuals from the District of Columbia who may be
considered for appointment to military service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport
constitutes a breach of agreement to serve as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force
Institute of Technology: terms of Provosts and Chief Academic
Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military
service academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional
military education.
Subtitle G--Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees
of the Department of Defense in STEM.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Clarification and expansion of authorization of support for
chaplain-led programs for members of the Armed Forces.
Sec. 572. Pilot program to expand eligibility for enrollment at domestic
dependent elementary and secondary schools: extension; report.
Sec. 573. Commercial air waiver for next of kin regarding transportation
of remains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 575. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces with enrollment
changes due to base closures, force structure changes, or
force relocations.
Sec. 576. Pilot program on hiring of special needs inclusion
coordinators for Department of Defense child development
centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military Interstate
Children's Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to
provide financial assistance to members of the Armed Forces
for in-home child care.
Sec. 579B. Briefing on policies regarding single parents serving as
members of the Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected
children for purposes of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending
schools operated by the Department of Defense Education
Activity.
Subtitle I--Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of
military records to review determinations regarding certain
decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General
of the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces: modifications;
codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill
at Arlington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington
National Cemetery.
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military
installations.
Sec. 597. Briefing on the effects of economic inflation on members of
the Armed Forces.
Sec. 598. Study on improvement of access to voting for members of the
Armed Forces overseas.
Sec. 599. Report on incidence of military suicides by military job code.
Sec. 599A. Report on efforts to prevent and respond to deaths by suicide
in the Navy.
Sec. 599B. Report on officer personnel management and the development of
the professional military ethic of the Space Force.
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTHS FOR SPACE FORCE OFFICERS ON ACTIVE
DUTY IN GRADES OF MAJOR, LIEUTENANT COLONEL, AND COLONEL.
The table in subsection (a)(1) of section 523 of title 10, United
States Code, is amended by inserting after the items relating to the
Marine Corps new items relating to the total number of commissioned
officers (excluding officers in categories specified in subsection (b)
of such section) serving on active duty in the Space Force in the
grades of major, lieutenant colonel, and colonel, respectively, as
follows:
``3,900 1,016 782 234
4,300 1,135 873 262
5,000 1,259 845 315
7,000 1,659 1,045 415
10,000 2,259 1,345 565''.
SEC. 502. DISTRIBUTION OF COMMISSIONED OFFICERS ON ACTIVE DUTY IN
GENERAL OFFICER AND FLAG OFFICER GRADES.
Section 525 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking ``as
follows:'' and inserting an em dash;
(B) in paragraph (4)(C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) in the Space Force, if that appointment would result in
more than--
``(A) 2 officers in the grade of general;
``(B) 7 officers in a grade above the grade of major
general; or
``(C) 6 officers in the grade of major general.'';'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``and Marine Corps''
and inserting ``Marine Corps, and Space Force''; and
(B) in paragraph (2), by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''; and
(3) in subsection (d), by striking ``or Commandant of the
Marine Corps'' and inserting ``Commandant of the Marine Corps, or
Chief of Space Operations''.
SEC. 503. REDISTRIBUTION OF NAVAL OFFICERS SERVING ON ACTIVE DUTY
IN THE GRADES OF O-8 AND O-9.
Subsection (a)(3) of section 525 of title 10, United States Code,
as amended by section 502, is amended--
(1) in subparagraph (B), by striking ``33'' and inserting
``34''; and
(2) in subparagraph (C), by striking ``50'' and inserting
``49''.
SEC. 504. AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022: GENERAL
OFFICERS AND FLAG OFFICERS ON ACTIVE DUTY.
Section 526a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``and Marine Corps'' and inserting ``Marine Corps, and Space
Force'';
(B) in paragraph (1), by striking ``220'' and inserting
``218'';
(C) in paragraph (2), by striking ``151'' and inserting
``149'';
(D) in paragraph (3), by striking ``187'' and inserting
``170''; and
(E) by adding at the end the following new paragraph:
``(5) For the Space Force, 21.''; and
(2) in subsection (b)(2), by adding at the end the following
new subparagraph:
``(E) For the Space Force, 6.''.
SEC. 505. EXTENSION OF GRADE RETENTION FOR CERTAIN OFFICERS
AWAITING RETIREMENT.
Section 601(b)(5) of title 10, United States Code, is amended by
striking ``retirement, but not for more than 60 days.'' and inserting
the following: ``retirement, but--
``(A) subject to subparagraph (B), not for more than 60
days; and
``(B) with respect to an officer awaiting retirement
following not less than one year of consecutive deployment
outside of the United States to a combat zone (as defined in
section 112(c) of the Internal Revenue Code of 1986) or in
support of a contingency operation, not for more than 90
days.''.
SEC. 506. EXCLUSION OF OFFICERS SERVING AS LEAD SPECIAL TRIAL
COUNSEL FROM LIMITATIONS ON AUTHORIZED STRENGTHS FOR GENERAL AND
FLAG OFFICERS.
During the two-year period beginning on the date of the enactment
of this Act, the limitations in section 526a(a) of title 10, United
States Code, as amended by section 504, shall not apply to a general or
flag officer serving in the position of lead special trial counsel
pursuant to an appointment under section 1044f(a)(2) of such title.
SEC. 507. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN OFFICERS OF THE
ARMED FORCES.
(a) Constructive Service Credit for Warrant Officers.--Section 572
of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``For the purposes''; and
(2) by adding at the end the following new subsection:
``(b) The Secretary concerned shall credit a person who is
receiving an original appointment as a warrant officer in the regular
component of an armed force under the jurisdiction of such Secretary
concerned, and who has advanced education or training or special
experience, with constructive service for such education, training, or
experience, as follows:
``(1) For special training or experience in a particular
warrant officer field designated by the Secretary concerned, if
such training or experience is directly related to the operational
needs of the armed force concerned, as determined by such Secretary
concerned.
``(2) For advanced education in a warrant officer field
designated by the Secretary concerned, if such education is
directly related to the operational needs of the armed force
concerned, as determined by such Secretary concerned.''.
(b) Report.--Not later than February 1, 2027, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the amendments made by
subsection (a). Such report shall include--
(1) the evaluation of such amendments by the Secretary;
(2) the estimate of the Secretary regarding how many
individuals are eligible for credit under subsection (b) of such
section, as added by subsection (a); and
(3) the determination of the Secretary whether existing special
pay for such members is adequate.
SEC. 508. IMPROVEMENTS TO THE SELECTION OF WARRANT OFFICERS IN THE
MILITARY DEPARTMENTS FOR PROMOTION.
(a) Promotion by Selection Boards: Recommendation; Exclusion From
Consideration.--Section 575 of title 10, United States Code, is amended
by adding at the end the following new subsections:
``(e)(1) In selecting the warrant officers to be recommended for
promotion, a selection board shall, when authorized by the Secretary
concerned, recommend warrant officers of particular merit, pursuant to
guidelines and procedures prescribed by the Secretary concerned, from
among those warrant officers selected for promotion, to be placed
higher on the promotion list contained in the report of such board
under section 576(c) of this title.
``(2) A selection board may recommend that a warrant officer be
placed higher on a promotion list under paragraph (1) only if the
warrant officer receives the recommendation of at least a majority of
the members of the board, unless the Secretary concerned establishes an
alternative requirement. Any such alternate requirement shall be
furnished to the board as part of the guidelines furnished to the board
under section 576 of this title.
``(3) For the warrant officers recommended to be placed higher on a
promotion list under paragraph (1), the board shall recommend the order
in which those warrant officers should be placed on the list.
``(f)(1) Upon the request of a warrant officer, the Secretary
concerned may exclude the warrant officer from consideration for
promotion under this section.
``(2) The Secretary concerned may approve a request of a warrant
officer under paragraph (1) only if--
``(A) the basis for the request is to allow the officer to
complete--
``(i) an assignment in support of career progression;
``(ii) advanced education;
``(iii) an assignment such Secretary determines is of
significant value to the Armed Force concerned; or
``(iv) a career progression requirement delayed by an
assignment or education;
``(B) such Secretary determines that such exclusion from
consideration is in the best interest of the Armed Force concerned;
and
``(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests exclusion
from consideration.''.
(b) Priority for Promotion of Warrant Officers in Report of
Selection Board.--Subsection (c) of section 576 of such title is
amended to read as follows:
``(c) The names of warrant officers selected for promotion under
this section shall be arranged in the report of such board in the
following order of priority:
``(1) Warrant officers recommended under section 575(e) of this
title to be placed higher on the promotion list, in the order in
which the board determines.
``(2) Warrant officers otherwise recommended for promotion, in
the order of seniority on the warrant officer active-duty list.''.
(c) Promotions: How Made; Effective Date.--Section 578(a) of such
title is amended by striking ``of the seniority of such officers on the
warrant officer active-duty list'' and inserting ``set forth in section
576(c) of this title''.
SEC. 509. ADVICE AND CONSENT REQUIREMENT FOR WAIVERS OF MANDATORY
RETIREMENT FOR SUPERINTENDENTS OF MILITARY SERVICE ACADEMIES.
(a) United States Military Academy.--Section 7321(b) of title 10,
United States Code, is amended by adding at the end the following: ``In
the event a waiver under this subsection is granted, the subsequent
nomination and appointment of such officer having served as
Superintendent of the Academy to a further assignment in lieu of
retirement shall be subject to the advice and consent of the Senate.''.
(b) United States Naval Academy.--Section 8371(b) of title 10,
United States Code, is amended by adding at the end the following: ``In
the event a waiver under this subsection is granted, the subsequent
nomination and appointment of such officer having served as
Superintendent of the Academy to a further assignment in lieu of
retirement shall be subject to the advice and consent of the Senate.''.
(c) United States Air Force Academy.--Section 9321(b) of title 10,
United States Code, is amended by adding at the end the following: ``In
the event a waiver under this subsection is granted, the subsequent
nomination and appointment of such officer having served as
Superintendent of the Academy to a further assignment in lieu of
retirement shall be subject to the advice and consent of the Senate.''.
SEC. 509A. MODIFICATION OF REPORTS ON AIR FORCE PERSONNEL PERFORMING
DUTIES OF A NUCLEAR AND MISSILE OPERATIONS OFFICER (13N).
Section 506(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1682) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) A staffing plan for managing personnel in the 13N career
field as the Air Force transitions from the Minuteman III weapon
system to the Sentinel weapon system.''.
SEC. 509B. ASSESSMENTS OF STAFFING IN THE OFFICE OF THE SECRETARY OF
DEFENSE AND OTHER DEPARTMENT OF DEFENSE HEADQUARTERS OFFICES.
(a) Office of the Secretary of Defense.--The Secretary of Defense
shall conduct an assessment of staffing of the Office of the Secretary
of Defense. Such assessment shall including the following elements:
(1) A validation of every military staff billet assigned to the
Office of the Secretary of Defense against existing military
personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have on the
office of the Secretary of Defense and other Department of Defense
Headquarters Offices.
(3) A plan and milestones for how reductions described in
paragraph (2) would occur, a schedule for such reductions, and the
process by which the billets would be returned to the operational
activities of the Armed Forces concerned.
(b) Office of the Joint Chiefs of Staff.--The Chairman of the Joint
Chiefs of Staff shall conduct an assessment of staffing of the Office
of the Joint Chiefs of Staff. Such assessment shall including the
following elements:
(1) A validation of every military staff billet assigned to the
Office of the Joint Chiefs of Staff against existing military
personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have on the
office of the Joint Staff and the Chairman's Controlled Activities
and other related Joint Staff Headquarters Offices.
(3) A plan and milestones for how reductions described in
paragraph (2) would occur, a schedule for such reductions, and the
process by which the billets would be returned to the operational
activities of the Armed Forces concerned.
(c) Interim Briefing and Report.--
(1) Interim briefing.--Not later than April 1, 2023, the
Secretary shall provide to the Committees on Armed Services of the
Senate and House of Representatives an interim briefing on the
assessments under subsections (a) and (b).
(2) Final report.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the assessments under subsections (a)
and (b). Such report shall include the following:
(A) A validation of every military staff billet assigned to
the Office of the Secretary of Defense and the Joint Staff to
include the Chairman's Controlled Activities against existing
military personnel requirements.
(B) The methodology and process through which such
validation was performed.
(C) Relevant statistical analysis on military billet fill
rates against validated requirements.
(D) An analysis of unvalidated military billets currently
performing staff support functions,
(E) The rationale for why unvalidated military billets may
be required.
(F) The cost of military staff filling both validated and
unvalidated billets.
(G) Lessons learned through the military billet validation
process and statistical analysis under subparagraphs (B)
through (F).
(H) Any other matters the Secretary determines relevant to
understanding the use of military staff billets described in
subsections (a) and (b).
(I) Any legislative, policy or budgetary recommendations of
the Secretary related to the subject matter of the report.
SEC. 509C. GAO REVIEW OF CERTAIN OFFICER PERFORMANCE EVALUATIONS.
(a) Review Required.--Not later than one year after the enactment
of this Act, the Comptroller General of the United States shall review
the officer performance reports of each Armed Force under the
jurisdiction of a Secretary of a military department in order to--
(1) study the fitness report systems used for the performance
evaluation of officers; and
(2) provide to the Secretary of Defense and the Secretaries of
the military departments recommendations regarding how to improve
such systems.
(b) Elements.--The review required under subsection (a) shall
include the following:
(1) An analysis of the effectiveness of the fitness report
systems at evaluating and documenting the performance of officers.
(2) A comparison of the fitness report systems for officers of
each Armed Force described in subsection (a) with best practices
for performance evaluations used by public- and private-sector
organizations.
(3) An analysis of the value of fitness reports in providing
useful information to officer promotion boards.
(4) An analysis of the value of fitness reports in providing
useful feedback to officers being evaluated.
(5) Recommendations to improve the fitness report systems to--
(A) increase its effectiveness at accurately evaluating and
documenting the performance of officers;
(B) provide more useful information to officer promotion
boards; and
(C) provide more useful feedback regarding evaluated
officers.
(c) Access to Data and Records.--The Secretaries of the military
departments shall provide to the Comptroller General sufficient
resources and access to technical data, individuals, organizations, and
records that the Comptroller General requires to complete the review
under this section.
(d) Submission to Secretaries.--Upon completing the review under
subsection (a), the Comptroller General shall submit to the Secretary
of Defense and the Secretaries of the military departments a report on
the results of the review.
(e) Submission to Congress.--Not later than 30 days after the date
on which the Secretary of Defense and the Secretaries of the military
departments receive the report under subsection (d), the Secretary of
Defense shall submit to the congressional defense committees--
(1) an unaltered copy of such report; and
(2) any comments of the Secretary regarding such report.
SEC. 509D. STUDY OF CHAPLAINS.
(a) Study Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a study of the roles and responsibilities of chaplains.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) The resources (including funding, administrative support,
and personnel) available to support religious programs.
(2) Inclusion of chaplains in resiliency, suicide prevention,
wellness, and other related programs.
(3) The role of chaplains in embedded units, headquarters
activities. and military treatment facilities.
(4) Recruitment and retention of chaplains.
(5) An analysis of the number of hours chaplains spend in roles
including pastoral care, religious services, counseling, and
administration.
(6) The results of any surveys that have assessed the roles,
responsibilities and satisfaction of chaplains.
(7) A review of the personnel requirements for chaplains during
fiscal years 2013 through 2022.
(8) Challenges to the abilities of chaplains to offer ministry
services.
Subtitle B--Reserve Component Management
SEC. 511. INCLUSION OF ADDITIONAL INFORMATION ON THE SENIOR RESERVE
OFFICERS' TRAINING CORPS IN REPORTS ACCOMPANYING THE NATIONAL
DEFENSE STRATEGY.
Section 113(m) of title 10, United States Code, is amended--
(1) by redesignating the second paragraph (8) as paragraph
(11);
(2) by redesignating the first paragraph (8), as paragraph
(10);
(3) by redesignating paragraphs (5), (6), and (7) paragraphs
(7), (8), and (9), respectively; and
(4) by inserting after paragraph (4) the following new
paragraphs:
``(5) The number of Senior Reserve Officers' Training Corps
scholarships awarded during the fiscal year covered by the report,
disaggregated by gender, race, and ethnicity, for each military
department.
``(6) The program completion rates and program withdrawal rates
of Senior Reserve Officers' Training Corps scholarship recipients
during the fiscal year covered by the report, disaggregated by
gender, race, and ethnicity, for each military department.''.
SEC. 512. EXPANSION OF ELIGIBILITY TO SERVE AS AN INSTRUCTOR IN THE
JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) In General.--Section 2031 of title 10, United States Code, is
amended--
(1) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f)(1) Instead of, or in addition to, detailing officers and
noncommissioned officers on active duty under subsection (c)(1) or
authorizing the employment of retired officers and noncommissioned
officers under subsection (d) or (e), the Secretary of the military
department concerned may authorize qualified institutions to employ as
administrators and instructors in the program officers or
noncommissioned officers who--
``(A)(i) receive honorable discharges--
``(I) after completing at least eight years of service; and
``(II) not longer than five years before applying for such
employment; or
``(ii)(I) are in an active status; and
``(II) who are not yet eligible for retired pay; and
``(B) apply for such employment.
``(2) The Secretary of the military department concerned shall pay
to the institution an amount equal to one-half of the amount to be paid
to an instructor pursuant to the JROTC Instructor Pay Scale for any
period.
``(3) Notwithstanding the limitation in paragraph (2), the
Secretary of the military department concerned may pay to the
institution more than one-half of the amount paid to the member by the
institution if, as determined by such Secretary--
``(A) the institution is in an educationally and economically
deprived area; and
``(B) such action is in the national interest.
``(4) Payments under this subsection shall be made from funds
appropriated for that purpose.
``(5) The Secretary of the military department concerned may
require an officer or noncommissioned officer employed under this
subsection to transfer to the Individual Ready Reserve as a condition
of such employment.''.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a briefing regarding--
(1) the number of instructors employed pursuant to the
amendment made by subsection (a); and
(2) costs to the Federal Government arising from such
employment.
SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR RESERVE OFFICERS
IN THE NATIONAL GUARD DUE TO UNDUE DELAYS IN FEDERAL RECOGNITION.
Paragraph (2) of section 14308(f) of title 10, United States Code,
is amended to read as follows:
``(2) If there is a delay in extending Federal recognition in the
next higher grade in the Army National Guard or the Air National Guard
to a reserve commissioned officer of the Army or the Air Force that
exceeds 100 days from the date the National Guard Bureau deems such
officer's application for Federal recognition to be completely
submitted by the State and ready for review at the National Guard
Bureau, and the delay was not attributable to the action or inaction of
such officer--
``(A) in the event of State promotion with an effective date
before January 1, 2024, the effective date of the promotion
concerned under paragraph (1) may be adjusted to a date determined
by the Secretary concerned, but not earlier than the effective date
of the State promotion; and
``(B) in the event of State promotion with an effective date on
or after January 1, 2024, the effective date of the promotion
concerned under paragraph (1) shall be adjusted by the Secretary
concerned to the later of--
``(i) the date the National Guard Bureau deems such
officer's application for Federal recognition to be completely
submitted by the State and ready for review at the National
Guard Bureau; and
``(ii) the date on which the officer occupies a billet in
the next higher grade.''.
SEC. 514. INSPECTIONS OF THE NATIONAL GUARD.
(a) Element.--Subsection (a) of section 105 of title 32, United
States Code, is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) the units and members of the Army National Guard or Air
National Guard comply with Federal law and policy applicable to the
National Guard, including policies issued by the Secretary of
Defense, the Secretary of the military department concerned, or the
Chief of the National Guard Bureau.''.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of the Army and the Secretary of
the Air Force shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the implementation of
paragraph (8) of such subsection, as added by subsection (a). Such
report shall include the following:
(1) The number of inspections conducted that included
determinations under such paragraph.
(2) With regard to each such inspection--
(A) the date;
(B) the unit of the Army National Guard or the Air National
Guard inspected;
(C) the officer who conducted such inspection; and
(D) the determination of the officer whether the unit was
in compliance with Federal law and policy applicable to the
National Guard.
SEC. 515. AUTHORITY TO WAIVE REQUIREMENT THAT PERFORMANCE OF ACTIVE
GUARD AND RESERVE DUTY AT THE REQUEST OF A GOVERNOR MAY NOT
INTERFERE WITH CERTAIN DUTIES.
(a) In General.--Section 328(b) of title 32, United States Code, is
amended by adding at the end the following new subsection:
``(c) Waiver Authority.--(1) Notwithstanding section 101(d)(6)(A)
of title 10 and subsection (b) of this section, the Governor of a State
or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the
commanding general of the District of Columbia National Guard, as the
case may be, may, at the request of the Secretary concerned, order a
member of the National Guard to perform Active Guard and Reserve duty
for purposes of performing training of the regular components of the
armed forces as the primary duty.
``(2) Training performed under paragraph (1) must be in compliance
with the requirements of section 502(f)(2)(B)(i) of this title.
``(3) No more than 100 personnel may be granted a waiver by a
Secretary concerned under paragraph (1) at a time.
``(4) The authority under paragraph (1) shall terminate on October
1, 2024.''.
(b) Briefing on Performance of Training as Primary Duty.--Not later
than March 1, 2023, the Secretary of the Army and the Secretary of the
Air Force shall each submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a briefing describing how many members of the National
Guard are performing Active Guard and Reserve duty for purposes of
performing training of the regular components of the Armed Forces as
primary duty.
(c) Briefing on End Strength Requirements.--Not later than October
1, 2024, the Secretary of the Army and the Secretary of the Air Force
shall each submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a
briefing outlining the end strength requirement going forward for
Active Guard and Reserve forces of the National Guard impacted by
subsection (c) of section 328(b) of title 32, United States Code, as
added by subsection (a) of this section.
SEC. 516. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD PROGRAM.
Section 515 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81), is amended--
(1) by inserting ``(a) <SUP>in</SUP> general.--</SUP>'' before
``Until'';
(2) by striking ``September 30, 2026'' and inserting
``September 30, 2029'';
(3) by striking ``support'' and inserting ``carry out'';
(4) by striking ``personnel of the California National Guard''
and inserting ``National Guard personnel (including from the
Colorado National Guard and the California National Guard)''; and
(5) by adding at the end the following:
``(b) Transfer.--Until the date specified in subsection (a), no
component (including any analytical responsibility) of the FireGuard
program may be transferred from the Department of Defense to another
entity. If the Secretary seeks to make such a transfer, the Secretary
shall, at least three years before such transfer, provide to the
appropriate congressional committees a written report and briefing that
detail--
``(1) plans of the Secretary for such transfer; and
``(2) how such transfer will sustain and improve detection and
monitoring of wildfires.
``(c) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means the
following:
``(1) The Committee on Armed Services of the Senate.
``(2) The Committee on Armed Services of the House of
Representatives.
``(3) The Select Committee on Intelligence of the Senate.
``(4) The Permanent Select Committee on Intelligence of the
House of Representatives.''.
SEC. 517. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Section 516 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) is amended, in subsection (a), by
striking ``fiscal year 2022'' and inserting ``fiscal years 2022 and
2023''.
SEC. 518. NOTICE TO CONGRESS BEFORE CERTAIN ACTIONS REGARDING UNITS
OF CERTAIN RESERVE COMPONENTS.
(a) Notice Required; Elements.--The Secretary of a military
department may not take any covered action regarding a covered unit
until the day that is 60 days after the Secretary of a military
department submits to Congress notice of such covered action. Such
notice shall include the following elements:
(1) An analysis of how the covered action would improve
readiness.
(2) A description of how the covered action would align with
the National Defense Strategy and the supporting strategies of each
military departments.
(3) A description of any proposed organizational change
associated with the covered action and how the covered action will
affect the relationship of administrative, operational, or tactical
control responsibilities of the covered unit.
(4) The projected cost and any projected long-term cost savings
of the covered action.
(5) A detailed description of any requirements for new
infrastructure or relocation of equipment and assets necessary for
the covered action.
(6) A description of how the covered activity will affect the
ability of the covered Armed Force to accomplish its current
mission.
(b) Applicability.--This section shall apply to any step to perform
covered action regarding a covered unit on or after the date of the
enactment of this Act.
(c) Definitions.--In this section:
(1) The term ``covered action'' means any of the following:
(A) To deactivate.
(B) To reassign.
(C) To move the home station.
(2) The term ``covered Armed Force'' means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(3) The term ``covered unit'' means a unit of a reserve
component of a covered Armed Force.
SEC. 519. INDEPENDENT STUDY ON FEDERAL RECOGNITION OF NATIONAL
GUARD OFFICERS.
(a) Independent Study.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development
center to conduct a study on the National Guard commissioned
officer and warrant officer promotion system and provide
recommendations to the Department of Defense, the Department of the
Air Force, the Department of the Army, the National Guard Bureau,
and individual State National Guard commands.
(2) Elements.--The study referred to in paragraph (1) shall
include a comprehensive review and assessment of the following:
(A) Reasons for delays in processing personnel actions for
Federal recognition of State National Guard member promotions.
(B) The Federal recognition process used to extend Federal
recognition to State promotions.
(C) Best practices among the various State National Guards
for managing their requirements under the existing National
Guard promotion system.
(D) Possible improvements to requirements, policies,
procedures, workflow, or resources to reduce the processing
time for Federal recognition of state promotions.
(E) An assessment of the feasibility of developing or
adopting a commercially available solution for an integrated
enterprise information technology system for managing National
Guard officer and warrant officer promotions that allows
seamless transition for promotions as they move through review
at the National Guard Bureau, the Department of the Army, the
Department of the Air Force, and the Department of Defense.
(F) Possible metrics to evaluate effectiveness of any
recommendations made.
(G) Possible remedies for undue delays in Federal
recognition, including adjustment to the effective date of
promotion beyond current statutory authorities.
(H) Any other matters the federally funded research and
development center determines relevant.
(3) Report.--
(A) In general.--The contract under paragraph (1) shall
require the federally funded research and development center
that conducts the study under the contract to submit to the
Secretary of Defense, the Secretary of the Army, the Secretary
of the Air Force, and the Chief of the National Guard Bureau a
report on the results of the study.
(B) Submission to congress.--Upon receiving the report
required under subparagraph (A), the Secretary of Defense shall
submit an unedited copy of the report results to the
congressional defense committees within 30 days of receiving
the report from the federally funded research and development
corporation.
(b) Reporting Requirement.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until the date
specified in paragraph (3), the Secretary of Defense, in
consultation with the Secretary of the Army and the Secretary of
the Air Force as appropriate, shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives a report detailing the current status
of the Federal recognition process for National Guard promotions.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) An update on efforts to transition to fully digital
processes in accordance with recommendations made pursuant to
subsection (a).
(B) The average processing time for personnel actions
related to Federal recognition of reserve commissioned officer
promotions in the Army and Air National Guards, respectively,
including the time in days from the date at which the National
Guard Bureau received the promotion until the date at which
Federal recognition was granted.
(C) The average time it took during the previous fiscal
year to extend Federal recognition.
(D) The number of Army and Air National Guard officers who
experienced Federal recognition delays greater than 90 days in
the previous fiscal year.
(E) A summary of any additional resources or authorities
needed to further streamline the Federal recognition processes
to reduce average Federal recognition processing time to 90
days or fewer.
(F) Any other information that the Secretaries concerned
deem relevant.
(3) Expiration of annual reporting requirement.--The date
referred to in paragraph (1) is such time as the average processing
time for personnel actions described under this subsection is
reduced to 90 days or fewer for each of the Army and Air National
Guards.
SEC. 519A. REVIEW AND UPDATE OF REPORT ON GEOGRAPHIC DISPERSION OF
JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) Report: Review; Update.--The Secretary of Defense, in
consultation with the Secretaries of the military departments, shall
review and update the 2017 report from the RAND Corporation titled
``Geographic and Demographic Representativeness of Junior Reserve
Officer Training Corps'' (Library of Congress Control Number:
2017950423).
(b) Elements.--The report updated under subsection (a) shall
include the following:
(1) An assessment of whether there is adequate representation
in, and reasonable access to, units of the Junior Reserve Officers'
Training Corps (hereinafter, ``JROTC'') for students in all regions
of the of the United States.
(2) The estimated cost and time to increase the number of units
of JROTC to ensure adequate representation and reasonable access
described in paragraph (1).
(3) Recommendations to increase adequate representation and
reasonable access described in paragraph (1) in areas of the United
States that the Secretary of Defense determines lack such adequate
representation and reasonable access.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives the report updated under this section.
SEC. 519B. BRIEFING ON DUTIES OF THE ARMY INTERAGENCY TRAINING AND
EDUCATION CENTER.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the Assistant
Secretary of Defense for Homeland Defense and Global Security and the
Chief of the National Guard Bureau, shall submit to the Committees on
Armed Services of the Senate and House of Representatives a briefing
that includes--
(1) an organizational plan and an estimate of the annual costs
necessary for the Army Interagency Training and Education Center to
carry out duties assigned to it by the Chief of the National Guard
Bureau; and
(2) the staffing requirements needed to adequately staff such
duties.
Subtitle C--General Service Authorities and Military Records
SEC. 521. CONSIDERATION OF ADVERSE INFORMATION BY SPECIAL SELECTION
REVIEW BOARDS.
Section 628a(a)(1) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' before ``If the Secretary concerned'';
and
(2) by adding at the end the following new subparagraph:
``(B) Nothing in this section shall be construed to prevent a
Secretary concerned from deferring consideration of adverse information
concerning an officer subject to this section until the next regularly
scheduled promotion board applicable to such officer, in lieu of
furnishing such adverse information to a special selection review board
under this section.''.
SEC. 522. EXPANSION OF ELIGIBILITY FOR DIRECT ACCEPTANCE OF GIFTS
BY MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE AND
COAST GUARD EMPLOYEES AND THEIR FAMILIES.
Section 2601a of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``; or'' and inserting a
semicolon;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph:
``(3) that results in enrollment in a Warriors in Transition
program, as defined in section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10
U.S.C. 1071 note); or''; and
(2) in subsection (c), by striking ``paragraph (1), (2) or (3)
of''.
SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF ACTIVE DUTY FOR A
MEMBER WHO ACCEPTS A FELLOWSHIP, SCHOLARSHIP, OR GRANT.
(a) Limitation.--Subsection (b) of section 2603 of title 10, United
States Code, is amended by striking ``at least''.
(b) Modernization.--Subsection (a) of such section is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``or his designee'' and inserting ``(or an
individual designated by the President)''; and
(B) by striking ``him'' and inserting ``the member'';
(2) in paragraph (1), by striking ``his field'' and inserting
``the field of the member'';
(3) in paragraph (3), by striking ``his recognized potential
for future career service'' and inserting ``the recognized
potential for future career service of the member''; and
(4) in the matter following paragraph (3)--
(A) by striking ``his'' both places it appears and
inserting ``the member's''; and
(B) by striking ``him'' and inserting ``the member''.
SEC. 524. EXPANSION OF MANDATORY CHARACTERIZATIONS OF
ADMINISTRATIVE DISCHARGES OF CERTAIN MEMBERS ON THE BASIS OF
FAILURE TO RECEIVE COVID-19 VACCINE.
Section 736(a) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 1161 note) is amended--
(1) in the matter preceding paragraph (1), by striking ``During
the period of time beginning on August 24, 2021, and ending on the
date that is two years after the date of the enactment of this Act,
any'' and inserting ``Any'';
(2) in paragraph (1) by striking ``; or'' and inserting a
semicolon;
(3) in paragraph (2), by striking the period and inserting ``;
or''; and
(4) by adding at the end the following new paragraph:
``(3) in the case of a covered member receiving an
administrative discharge before completing the first 180 continuous
days of active duty, uncharacterized.''.
SEC. 525. RESCISSION OF COVID-19 VACCINATION MANDATE.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Defense shall rescind the mandate that members of the
Armed Forces be vaccinated against COVID-19 pursuant to the memorandum
dated August 24, 2021, regarding ``Mandatory Coronavirus Disease 2019
Vaccination of Department of Defense Service Members''.
SEC. 526. TEMPORARY EXEMPTION FROM END STRENGTH GRADE RESTRICTIONS
FOR THE SPACE FORCE.
Section 517 and section 523 (as amended by section 501 of this Act)
of title 10, United States Code, shall not apply to the Space Force
until January 1, 2024.
SEC. 527. NOTIFICATION TO NEXT OF KIN UPON THE DEATH OF A MEMBER OF
THE ARMED FORCES: STUDY; UPDATE; TRAINING; REPORT.
(a) Study.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall conduct a study on the
notification processes of the next of kin upon the death of a member of
the Armed Forces. In conducting the study, the Secretary shall identify
the following elements:
(1) The time it takes for such notification to occur after such
death, recovery of remains, and identification of remains. Such
time shall be determined through an analysis of data regarding
cases involving such notifications.
(2) The effect of media (including social media) and other
forms of communication on such processes.
(3) Means by which the Secretary may improve such processes to
reduce the time described in paragraph (1).
(4) Any legislative recommendations of the Secretary to improve
such processes to reduce the time described in paragraph (1).
(b) Update.--Upon completion of the study under subsection (a), the
Secretary shall review and update training and education materials
regarding such processes, implementing means described in subsection
(a)(3).
(c) Operational Training.--The Secretary of the military department
concerned shall include a training exercise, using materials updated
(including lessons learned) under subsection (b), regarding a death
described in this section in each major exercise conducted by such
Secretary or the Secretary of Defense.
(d) Report.--Not later one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing--
(1) the results of the study;
(2) a description of the update under subsection (b); and
(3) lessons learned, as described in subsection (c).
SEC. 528. GENDER-NEUTRAL FITNESS PHYSICAL READINESS STANDARDS FOR
MILITARY OCCUPATIONAL SPECIALTIES OF THE ARMY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Army shall--
(1) establish gender-neutral physical readiness standards that
ensure soldiers can perform the duties of their respective military
occupational specialties; and
(2) provide to the Committees on Armed Services of the Senate
and House of Representatives a briefing describing the methodology
used to determine the standards established under paragraph (1).
SEC. 529. RECURRING REPORT REGARDING COVID-19 MANDATE.
(a) Report Required.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a recurring report regarding the requirement that a member of the Armed
Forces shall receive a vaccination against COVID-19. Each such report
may not contain any personally identifiable information, and shall
contain the following:
(1) With regard to religious exemptions to such requirement--
(A) the number of such exemptions for which members
applied;
(B) the number of such religious exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a religious exemption
who complied with the requirement; and
(E) the number of members denied such a religious exemption
who did not comply with the requirement who were separated, and
with what characterization.
(2) With regard to medical exemptions to such requirement--
(A) the number of such medical exemptions for which members
applied;
(B) the number of such medical exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a medical exemption
who complied with the requirement; and
(E) the number of members denied such a medical exemption
who did not comply with the requirement who were separated, and
with what characterization.
(b) Frequency; Termination.--The Secretary shall submit the first
such report not later than 90 days after the date of the enactment of
this Act and every 90 days thereafter until the first of the following
to occur:
(1) The Secretary of Defense lifts such requirement.
(2) The day that is two years after the date of the enactment
of this Act.
SEC. 530. SENSE OF CONGRESS REGARDING WOMEN INVOLUNTARILY SEPARATED
FROM THE ARMED FORCES DUE TO PREGNANCY OR PARENTHOOD.
(a) Findings.--Congress finds the following:
(1) In June 1948, Congress enacted the Women's Armed Services
Integration Act of 1948, which formally authorized the appointment
and enlistment of women in the regular components of the Armed
Forces.
(2) With the expansion of the Armed Forces to include women,
the possibility arose for the first time that members of the
regular components of the Armed Forces could become pregnant.
(3) The response to such possibilities and actualities was
Executive Order 10240, signed by President Harry S. Truman in 1951,
which granted the Armed Forces the authority to involuntarily
separate or discharge a woman if she became pregnant, gave birth to
a child, or became a parent by adoption or a stepparent.
(4) The Armed Forces responded to the Executive order by
systematically discharging any woman in the Armed Forces who became
pregnant.
(5) The Armed Forces were required to offer women who were
involuntarily separated or discharged due to pregnancy the
opportunity to request retention in the military.
(6) The Armed Forces may not have provided required separation
benefits, counseling, or assistance to the members of the Armed
Forces who were separated or discharged due to pregnancy.
(7) Thousands of members of the Armed Forces were involuntarily
separated or discharged from the Armed Forces as a result of
pregnancy.
(8) Such involuntary separation or discharge from the Armed
Forces on the basis of pregnancy was challenged in Federal district
court by Stephanie Crawford in 1975, whose legal argument stated
that this practice violated her constitutional right to due process
of law.
(9) The Court of Appeals for the Second Circuit ruled in
Stephanie Crawford's favor in 1976 and found that Executive Order
10240 and any regulations relating to the Armed Forces that made
separation or discharge mandatory due to pregnancy were
unconstitutional.
(10) By 1976, all regulations that permitted involuntary
separation or discharge of a member of the Armed Forces because of
pregnancy or any form of parenthood were rescinded.
(11) Today, women comprise 17 percent of the Armed Forces, and
many are parents, including 12 percent of whom are single parents.
(12) While military parents face many hardships, today's Armed
Forces provide various lengths of paid family leave for mothers and
fathers, for both birth and adoption of children.
(b) Sense of Congress.--It is the sense of Congress that women who
served in the Armed Forces before February 23, 1976, should not have
been involuntarily separated or discharged due to pregnancy or
parenthood.
Subtitle D--Recruitment and Retention
SEC. 531. TREATMENT OF PERSONALLY IDENTIFIABLE INFORMATION
REGARDING PROSPECTIVE RECRUITS.
(a) Treatment of Personally Identifiable Information.--Section
503(a) of title 10, United States Code, is amended adding at the end
the following new paragraphs:
``(3) PII regarding a prospective recruit collected or compiled
under this subsection shall be kept confidential, and a person who
has had access to such PII may not disclose the information except
for purposes of this section or other purpose authorized by law.
``(4) In the course of conducting a recruiting campaign, the
Secretary concerned shall--
``(A) notify a prospective recruit of data collection
policies of the armed force concerned; and
``(B) permit the prospective recruit to elect not to
participate in such data collection.
``(5) In this subsection, the term `PII' means personally
identifiable information.''.
(b) Pilot Program on Recruiting.--
(1) Authority.--The Secretary of Defense may conduct a pilot
program (such a program shall be referred to as a ``Military
Recruiting Modernization Program'') to evaluate the feasibility and
effectiveness of collecting and using PRI with modern technologies
to allow the Secretary to more effectively and efficiently use
recruiting resources.
(2) Treatment of prospective recruit information.--PRI
collected under a pilot program under this subsection--
(A) may be used by the Armed Forces and entities into which
the Secretary has entered into an agreement regarding military
recruitment only for purposes of military recruitment;
(B) shall be kept confidential.
(C) may not be maintained more than three years after
collection; and
(3) Opt-out.--A pilot program under this subsection may allow a
prospective recruit to opt-out of the collection of PRI regarding
such prospective recruit.
(4) Termination.--Any such pilot program shall terminate three
years after implementation.
(5) Interim briefing.--Not later than 90 days after the
implementing a pilot program under this subsection, the Secretary
shall provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the pilot program. Such
briefing shall include the following:
(A) The definition, prescribed by the Secretary, of PRI.
(B) How the Secretary intends to handle privacy concerns
related to the collection of PRI.
(C) Legal concerns over the collection, use, and
maintenance of PRI.
(6) Final report.--Not later than 120 days after the completion
of a pilot program under this subsection, the Under Secretary of
Defense for Personnel and Readiness shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the pilot program. Such report shall include the
following:
(A) A summary of whether and how the pilot program
modernized recruiting efforts.
(B) A description of any efficiencies identified under the
pilot program.
(C) Any violations of privacy laws arising from the pilot
program.
(D) Legislative recommendations of the Under Secretary
arising from this pilot program.
(7) Definitions.--In this section:
(A) The term ``PRI'' means information, prescribed by the
Secretary of Defense, regarding a prospective recruit.
(B) The term ``prospective recruit'' means an individual
who is eligible to join the Armed Forces and is--
(i) 17 years of age or older; or
(ii) in the eleventh grade (or its equivalent) or
higher.
SEC. 532. REVIVAL AND EXTENSION OF TEMPORARY AUTHORITY FOR TARGETED
RECRUITMENT INCENTIVES.
Section 522(h) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 503 note) is--
(1) is revived to read as it did immediately before its
expiration on December 31, 2020; and
(2) is amended--
(A) by striking the semicolon and inserting a comma; and
(B) by striking ``2020'' and inserting ``2025''.
SEC. 533. REPORT ON RECRUITING EFFORTS OF CERTAIN ARMED FORCES.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this act, the Secretary of Defense, in coordination with
the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on recruiting efforts of the covered Armed Forces.
(b) Elements.--The report shall contain, with regards to the
covered Armed Forces during fiscal years 2018 through 2022, the
following elements:
(1) A comparison of--
(A) the number of active duty enlistments from each
geographic region;
(B) the number of recruiters stationed in each geographic
region; and
(C) advertising dollars spent in each geographic region,
including annual numbers and averages.
(2) A comparison of the number of active duty enlistments
produced by each recruiting battalion, recruiting district, or
recruiting region, the number of recruiters stationed in each
battalion, and advertising dollars spent in support of each
battalion, including annual numbers and averages.
(3) An analysis of the geographic dispersion of enlistments by
military occupational specialty.
(4) An analysis of the amount of Federal funds spent on
advertising per active duty enlistment by recruiting battalion,
recruiting district, or recruiting region, and a ranked list of
those battalions from most efficient to least efficient.
(5) A comparison of the race, religion, sex, education levels,
military occupational specialties, and waivers for enlistment
granted to enlistees by geographic region and recruiting battalion,
recruiting district, or recruiting region of responsibility.
(6) An assessment of obstacles that recruiters face in the
field, including access to schools and administrative support.
(7) Efforts the Secretary of the military department concerned
is taking to mitigate obstacles described in paragraph (6).
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force under
the jurisdiction of the Secretary of a military department.
(2) The term ``geographic region'' means a region used for the
2020 decennial census.
SEC. 534. REVIEW OF MARKETING AND RECRUITING OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Not later that September 30, 2023, the Comptroller
General of the United States, in consultation with experts determined
by the Secretary of Defense, shall evaluate the marketing and
recruiting efforts of the Department of Defense to determine how to use
social media and other technology platforms to convey to young people
the opportunities and benefits of service in the covered Armed Forces.
(b) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the following:
(1) The Army.
(2) The Navy.
(3) The Marine Corps.
(4) The Air Force.
(5) The Space Force.
SEC. 535. REPORT ON DEPARTMENT OF DEFENSE RECRUITMENT ADVERTISING
TO RACIAL AND ETHNIC MINORITY COMMUNITIES.
Not later than June 1, 2023, the Secretary of Defense shall submit
to the congressional defense committees a report on the efforts of the
Department of Defense to increase marketing and advertising to
adequately reach racial and ethnic minority communities.
SEC. 536. IMPROVING OVERSIGHT OF MILITARY RECRUITMENT PRACTICES IN
PUBLIC SECONDARY SCHOOLS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
military recruitment practices in public secondary schools during
calendar years 2018 through 2022, including--
(1) the zip codes of public secondary schools visited by
military recruiters; and
(2) the number of recruits from public secondary schools by zip
code and local education agency.
SEC. 537. BEST PRACTICES FOR THE RETENTION OF CERTAIN FEMALE
MEMBERS OF THE ARMED FORCES.
The Secretaries of the military departments shall share and
implement best practices regarding the use of retention and exit survey
data to identify barriers and lessons learned to improve the retention
of female members of the Armed Forces under the jurisdiction of such
Secretaries.
SEC. 538. REVIEW OF CERTAIN PERSONNEL POLICIES OF SPECIAL
OPERATIONS FORCES.
(a) Review Required.--The Secretary of Defense shall direct the
covered officials to review (and, if a covered official determines it
necessary, update guidance and processes) matters described in section
167(e)(2)(J) of title 10, United States Code. The covered officials
shall complete such review (and update) not later than 180 days after
the date of the enactment of this Act.
(b) Elements of Review.--The review and updates under subsection
(a) shall address the respective roles of the military departments and
the United States Special Operations Command with respect to the
following:
(1) Coordination between special operations command and the
military departments regarding recruiting and retention to ensure
that personnel requirements of special operations forces and the
military departments are met appropriately.
(2) Opportunities for members of special operations forces to
enroll in professional military education.
(3) Promotion opportunities for members of special operations
forces and an assessment of whether such opportunities are adequate
to fulfill staffing requirements of special operations forces.
(4) Data sharing between the military departments and special
operations command with respect to special operations forces
personnel.
(5) Any other matter the Secretary of Defense determines
appropriate.
(c) Report Required.--Not later than 90 days after completing the
review (and any updates) under subsection (a), the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on such review and any resulting
updates to guidance and processes. The report shall also include any
recommendations of the Secretary regarding matters described in
subsection (a) or (b).
(d) Definitions.--In this section:
(1) The term ``covered officials'' means--
(A) the Secretaries of the military departments;
(B) the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict; and
(C) the Commander of special operations command.
(2) The term ``special operations command'' has the meaning
given that term in section 167(a) of title 10, United States Code.
(3) The term ``special operations forces'' means the forces
described in section 167(j) of title 10, United States Code.
SEC. 539. SUPPORT FOR MEMBERS WHO PERFORM DUTIES REGARDING REMOTELY
PILOTED AIRCRAFT: STUDY; REPORT.
(a) Study.--The Secretary of Defense shall conduct a study to
identify opportunities to provide more support services to, and greater
recognition of combat accomplishments of, RPA crew. Such study shall
identify the following with respect to each covered Armed Force:
(1) Safety policies applicable to crew of traditional aircraft
that apply to RPA crew.
(2) Personnel policies, including crew staffing and training
practices, applicable to crew of traditional aircraft that apply to
RPA crew.
(3) Metrics the Secretaries of the military departments use to
evaluate the health of RPA crew.
(4) Incentive pay, retention bonuses, promotion rates, and
career advancement opportunities for RPA crew.
(5) Combat zone compensation available to RPA crew.
(6) Decorations and awards for combat available to RPA crew.
(7) Mental health care available to crew of traditional
aircraft and RPA crew who conduct combat operations.
(8) Whether RPA crew receive post-separation health (including
mental health) care equivalent to crew of traditional aircraft.
(9) An explanation of any difference under paragraph (8).
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the following:
(1) The results of the study conducted under this section.
(2) Any policy recommendations of the Secretary regarding such
results.
(3) Progress made by the Secretary of the Air Force in
implementing the recommendations of the Comptroller General of the
United States in the following reports:
(A) GAO-19-155, titled ``Unmanned Aerial Systems: Air Force
Pilot Promotion Rates Have Increased but Oversight Process of
Some Positions Could Be Enhanced''.
(B) GAO-20-320, titled ``Unmanned Aerial Systems: Air Force
Should Take Additional Steps to Improve Aircrew Staffing and
Support''.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force under
the jurisdiction of the Secretary of a military department.
(2) The term ``RPA crew'' means members of covered Armed Forces
who perform duties relating to remotely piloted aircraft.
(3) The term ``traditional aircraft'' means fixed or rotary
wing aircraft operated by an onboard pilot.
SEC. 539A. RETENTION AND RECRUITMENT OF MEMBERS OF THE ARMY WHO
SPECIALIZE IN AIR AND MISSILE DEFENSE SYSTEMS.
(a) Study.--The Comptroller General of the United States shall
study efforts to retain and recruit members with military occupational
specialties regarding air and missile defense systems of the Army.
(b) Interim Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a briefing on the status of the study.
(c) Final Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report that identifies steps the Secretary of the Army may take to
improve such retention and recruitment.
Subtitle E--Military Justice and Other Legal Matters
SEC. 541. MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL.
(a) Definition of Covered Offense.--
(1) In general.--Section 801(17)(A) of title 10, United States
Code (article 1(17)(A) of the Uniform Code of Military Justice), as
added by section 533 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1695), is amended by
striking ``section 920 (article 120)'' and inserting ``section 919a
(article 119a), section 920 (article 120), section 920a (article
120a)''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect immediately after the coming into effect of the
amendments made by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1695) as provided in section 539C of that Act (10 U.S.C. 801
note) and shall apply with respect to offenses that occur after
that date.
(b) Inclusion of Sexual Harassment as Covered Offense.--
(1) In general.--Section 801(17)(A) of title 10, United States
Code (article 1(17)(A) of the Uniform Code of Military Justice), as
added by section 533 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1695) and amended by
subsection (a) of this section, is further amended--
(A) by striking ``or''; and
(B) by striking ``of this title'' and inserting ``, or the
standalone offense of sexual harassment punishable under
section 934 (article 134) of this title in each instance in
which a formal complaint is made and such formal complaint is
substantiated in accordance with regulations prescribed by the
Secretary concerned''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on January 1, 2025, and shall apply with respect to
offenses that occur after that date.
(c) Residual Prosecutorial Duties and Other Judicial Functions of
Convening Authorities in Covered Cases.--The President shall prescribe
regulations to ensure that residual prosecutorial duties and other
judicial functions of convening authorities, including granting
immunity, ordering depositions, and hiring experts, with respect to
charges and specifications over which a special trial counsel exercises
authority pursuant to section 824a of title 10, United States Code
(article 24a of the Uniform Code of Military Justice) (as added by
section 531 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1692)), are transferred to the
military judge, the special trial counsel, or other authority as
appropriate in such cases by no later than the effective date
established in section 539C of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 801 note), in
consideration of due process for all parties involved in such a case.
(d) Amendment to the Rules for Courts-Martial.--The President shall
prescribe in regulation such modifications to Rule 813 of the Rules for
Courts-Martial and other Rules as appropriate to ensure that at the
beginning of each court-martial convened, the presentation of orders
does not in open court specify the name, rank, or position of the
convening authority convening such court, unless such convening
authority is the Secretary concerned, the Secretary of Defense, or the
President.
(e) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the progress of the Department of Defense
in implementing this section, including an identification of--
(1) the duties to be transferred under subsection (c);
(2) the positions to which those duties will be transferred;
and
(3) any provisions of law or Rules for Courts Martial that must
be amended or modified to fully complete the transfer.
(f) Additional Reporting Relating to Implementation of Subtitle D
of Title V of the National Defense Authorization Act for Fiscal Year
2022.--Not later than February 1, 2025, and annually thereafter for
five years, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
assessing the holistic effect of the reforms contained in subtitle D of
title V of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) on the military justice system. The report shall
include the following elements:
(1) An overall assessment of the effect such reforms have had
on the military justice system and the maintenance of good order
and discipline in the ranks.
(2) The percentage of caseload and courts-martial assessed as
meeting, or having been assessed as potentially meeting, the
definition of ``covered offense'' under section 801(17) of title
10, United States Code (article 1(17) of the Uniform Code of
Military Justice) (as added by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 17
Stat. 1695)), disaggregated by offense and military service where
possible.
(3) An assessment of prevalence and data concerning disposition
of cases by commanders after declination of prosecution by special
trial counsel, disaggregated by offense and military service when
possible.
(4) Assessment of the effect, if any, the reforms contained in
such subtitle have had on non-judicial punishment concerning
covered and non-covered offenses.
(5) A description of the resources and personnel required to
maintain and execute the reforms made by such subtitle during the
reporting period relative to fiscal year 2022.
(6) A description of any other factors or matters considered by
the Secretary to be important to a holistic assessment of those
reforms on the military justice system.
SEC. 542. TECHNICAL CORRECTIONS RELATING TO SPECIAL TRIAL COUNSEL.
(a) Technical Corrections.--Section 824a(c)(3) of title 10, United
States Code (article 24a(c)(3) of the Uniform Code of Military
Justice), is amended--
(1) by striking ``Subject to paragraph (4)'' and inserting
``Subject to paragraph (5)''; and
(2) in subparagraph (D), by striking ``an ordered rehearing''
and inserting ``an authorized rehearing''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect immediately after the coming into effect of the amendments
made by section 531 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1692) as provided in
section 539C of that Act (10 U.S.C. 801 note).
SEC. 543. RANDOMIZATION OF COURT-MARTIAL PANELS.
(a) In General.--Section 825(e) of title 10, United States Code
(article 25(e) of the Uniform Code of Military Justice), is amended by
adding at the end the following new paragraph:
``(4) When convening a court-martial, the convening authority shall
detail as members thereof members of the armed forces under such
regulations as the President may prescribe for the randomized selection
of qualified personnel, to the maximum extent practicable.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is two years after the date of the
enactment of this Act and shall apply with respect to courts-martial
convened on or after that effective date.
(c) Regulations.--Not later than the effective date specified in
subsection (b), the President shall prescribe regulations implementing
the requirement under paragraph (4) of section 825(e) of title 10,
United States Code (article 25(e) of the Uniform Code of Military
Justice), as added by subsection (a) of this section.
SEC. 544. JURISDICTION OF COURTS OF CRIMINAL APPEALS.
(a) Waiver of Right to Appeal; Withdrawal of Appeal.--Section
861(d) of title 10, United States Code (article 61(d) of the Uniform
Code of Military Justice), is amended by striking ``A waiver'' and
inserting ``Except as provided by section 869(c)(2) of this title
(article 69(c)(2)), a waiver''.
(b) Jurisdiction.--Section 866 of title 10, United States Code
(article 66 of the Uniform Code of Military Justice), is amended--
(1) in subsection (b)(1), by striking ``shall have jurisdiction
over'' and all that follows through the period at the end of
subparagraph (D) and inserting the following: ``shall have
jurisdiction over--
``(A) a timely appeal from the judgment of a court-martial,
entered into the record under section 860c(a) of this title
(article 60c(a)), that includes a finding of guilty; and
``(B) a summary court-martial case in which the accused filed
an application for review with the Court under section 869(d)(1) of
this title (article 69(d)(1)) and for which the application has
been granted by the Court.''; and
(2) in subsection (c), by striking ``is timely if'' and all
that follows through the period at the end of paragraph (2) and
inserting the following: ``is timely if--
``(1) in the case of an appeal under subparagraph (A) of such
subsection, it is filed before the later of--
``(A) the end of the 90-day period beginning on the date
the accused is provided notice of appellate rights under
section 865(c) of this title (article 65(c)); or
``(B) the date set by the Court of Criminal Appeals by rule
or order; and
``(2) in the case of an appeal under subparagraph (B) of such
subsection, an application for review with the Court is filed not
later than the earlier of the dates established under section
869(d)(2)(B) of this title (article 69(d)(2)(B)).''.
(c) Review by Judge Advocate General.--Section 869 of title 10,
United States Code (article 69 of the Uniform Code of Military
Justice), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Upon application by the accused or receipt of
the record pursuant to section 864(c)(3) of this title (article
64(c)(3)) and subject to subsections (b), (c), and (d), the Judge
Advocate General may--
``(1) with respect to a summary court-martial, modify or set
aside, in whole or in part, the findings and sentence; or
``(2) with respect to a general or special court-martial, order
such court-martial to be reviewed under section 866 of this title
(article 66).''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``To qualify''; and
(B) by striking ``not later than one year after'' and all
that follows through the period at the end and inserting the
following: ``not later than--
``(A) for a summary court-martial, one year after the date of
completion of review under section 864 of this title (article 64);
or
``(B) for a general or special court-martial, one year after
the end of the 90-day period beginning on the date the accused is
provided notice of appellate rights under section 865(c) of this
title (article 65(c)), unless the accused submitted a waiver or
withdrawal of appellate review under section 861 of this title
(article 61) before being provided notice of appellate rights, in
which case the application must be submitted to the Judge Advocate
General not later than one year after the entry of judgment under
section 860c of this title (article 60c).
``(2) The Judge Advocate General may, for good cause shown, extend
the period for submission of an application, except that--
``(A) in the case of an application for review of a summary
court martial, the Judge Advocate may not consider an application
submitted more than three years after the completion date referred
to in paragraph (1)(A); and
``(B) in case of an application for review of a general or
special court-martial, the Judge Advocate may not consider an
application submitted more than three years after the end of the
applicable period under paragraph (1)(B).'';
(3) in subsection (c)--
(A) in paragraph (1)(A), by striking ``section 864 or
865(b) of this title (article 64 or 65(b))'' and inserting
``section 864 of this title (article 64)''; and
(B) in paragraph (2), by striking ``the Judge Advocate
General shall order appropriate corrective action under rules
prescribed by the President'' and inserting ``the Judge
Advocate General shall send the case to the Court of Criminal
Appeals''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``under subsection (c)--
'' and all that follows through ``(B) in a case submitted'' and
inserting ``under subsection (c)(1) in a case submitted''; and
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``paragraph (1)(B)'' and inserting ``paragraph
(1)''.
(d) Applicability.--The amendments made by this section shall not
apply to--
(1) any matter that was submitted before the date of the
enactment of this Act to a Court of Criminal Appeals established
under section 866 of title 10, United States Code (article 66 of
the Uniform Code of Military Justice); or
(2) any matter that was submitted before the date of the
enactment of this Act to a Judge Advocate General under section 869
of such title (article 69 of the Uniform Code of Military Justice).
SEC. 545. SPECIAL TRIAL COUNSEL OF THE DEPARTMENT OF THE AIR FORCE.
(a) In General.--Section 1044f of title 10, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph (1),
by striking ``The policies shall'' and inserting ``Subject to
subsection (c), the policies shall'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Special Trial Counsel of Department of the Air Force.--In
establishing policies under subsection (a), the Secretary of Defense
shall--
``(1) in lieu of providing for separate offices for the Air
Force and Space Force under subsection (a)(1), provide for the
establishment of a single dedicated office from which office the
activities of the special trial counsel of the Department of the
Air Force shall be supervised and overseen; and
``(2) in lieu of providing for separate lead special trial
counsels for the Air Force and Space Force under subsection (a)(2),
provide for the appointment of one lead special trial counsel who
shall be responsible for the overall supervision and oversight of
the activities of the special trial counsel of the Department of
the Air Force.''.
(b) Effective Date.--The amendments made subsection (a) shall take
effect immediately after the coming into effect of the amendments made
by section 532 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1694) as provided in section
539C of that Act (10 U.S.C. 801 note).
SEC. 546. INDEPENDENT INVESTIGATION OF SEXUAL HARASSMENT.
(a) Definitions.--Subsection (e) of section 1561 of title 10,
United States Code, as amended by section 543 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1709), is amended to read as follows:
``(e) Definitions.--In this section:
``(1) The term `independent investigator' means a civilian
employee of the Department of Defense or a member of the Army,
Navy, Marine Corps, Air Force, or Space Force who--
``(A) is outside the immediate chain of command of the
complainant and the subject of the investigation; and
``(B) is trained in the investigation of sexual harassment,
as determined by--
``(i) the Secretary of Defense, in the case of a
civilian employee of the Department of Defense;
``(ii) the Secretary of the Army, in the case of a
member of the Army;
``(iii) the Secretary of the Navy, in the case of a
member of the Navy or Marine Corps; or
``(iv) the Secretary of the Air Force, in the case of a
member of the Air Force or Space Force.
``(2) The term `sexual harassment' means conduct that
constitutes the offense of sexual harassment as punishable under
section 934 of this title (article 134) pursuant to the regulations
prescribed by the Secretary of Defense for purposes of such section
(article).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect immediately after the coming into effect of the amendments
made by section 543 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1709) as provided in
subsection (c) of that section.
SEC. 547. PRIMARY PREVENTION RESEARCH AGENDA AND WORKFORCE.
(a) Annual Primary Prevention Research Agenda.--Section 549A(c) of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 1722) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs
(5), (6), and (7), respectively;
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) include a focus on whether and to what extent sub-
populations of the military community may be targeted for
interpersonal violence more than others;
``(3) seek to identify factors that influence the prevention,
perpetration, and victimization of interpersonal and self-directed
violence;
``(4) seek to improve the collection and dissemination of data
on hazing and bullying related to interpersonal and self-directed
violence;''; and
(3) by amending paragraph (6), as redesignated by paragraph (1)
of this section, to read as follows:
``(6) incorporate collaboration with other Federal departments
and agencies, including the Department of Health and Human Services
and the Centers for Disease Control and Prevention, State
governments, academia, industry, federally funded research and
development centers, nonprofit organizations, and other
organizations outside of the Department of Defense, including
civilian institutions that conduct similar data-driven studies,
collection, and analysis; and''.
(b) Primary Prevention Workforce.--Section 549B of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1722) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``subsection (a)'' and
inserting ``paragraph (1)''; and
(B) by adding at the end the following new paragraph:
``(3) Comptroller general report.--Not later than one year
after the date of the enactment of this paragraph, the Comptroller
General of the United States shall submit to the congressional
defense committees a report that--
``(A) compares the sexual harassment and prevention
training of the Department of Defense with similar programs at
other departments and agencies of the Federal Government; and
``(B) includes relevant data collected by colleges and
universities and other relevant outside entities on hazing and
bullying and interpersonal and self-directed violence.''; and
(2) by adding at the end the following new subsection:
``(e) Incorporation of Research and Findings.--The Secretary of
Defense shall ensure that the findings and conclusions from the primary
prevention research agenda established under section 549A are regularly
incorporated, as appropriate, within the primary prevention workforce
established under subsection (a).''.
SEC. 548. LIMITATION ON AVAILABILITY OF FUNDS FOR RELOCATION OF
ARMY CID SPECIAL AGENT TRAINING COURSE.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2023 for the Army
may be obligated or expended to relocate an Army CID special agent
training course until--
(1)(A) the Secretary of the Army submits to the Committees on
Armed Services of the Senate and the House of Representatives--
(i) the evaluation and plan required by subsection (a) of
section 549C of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1724);
(ii) the implementation plan required by subsection (b) of
such section; and
(iii) a separate report on any plans of the Secretary to
relocate an Army CID special agent training course, including
an explanation of the business case for any transfer of
training personnel proposed as part of such plan;
(B) the Secretary provides to the Committee on Armed Services
of the House of Representatives a briefing on the contents of each
report specified in subparagraph (A); and
(C) a period of 90 days has elapsed following the briefing
under subparagraph (B); and
(2) the Secretary submits a written certification to the
Committees on Armed Services of the Senate and the House of
Representatives indicating that the Army has fully complied with
subsection (c) of section 549C of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1724) with regard to locations at which military criminal
investigative training is conducted.
(b) Definitions.--In this section:
(1) The term ``relocate'', when used with respect to an Army
CID special agent training course, means the transfer of such
course to a location different than the location used for such
course as of the date of the enactment of this Act.
(2) The term ``Army CID special agent training course'' means a
training course provided to members of the Army to prepare such
members for service as special agents in the Army Criminal
Investigation Division.
SEC. 549. REVIEW OF TITLING AND INDEXING PRACTICES OF THE ARMY AND
CERTAIN OTHER ORGANIZATIONS.
(a) Review of Titling an Indexing Decisions.--Not later than 180
days after the date of the enactment of this Act, the Secretary of the
Army shall review the case file of each member or former member of the
Army, the Army Reserve, or the Army National Guard who was titled or
indexed in connection with the Guard Recruiting Assistance Program, the
Army Reserve Recruiting Assistance Program, or any related activity to
determine the appropriateness of the titling or indexing decision that
was made with respect to such member or former member.
(b) Factors to Be Considered.--In reviewing a titling or indexing
decision under subsection (a), the Secretary of the Army shall
consider--
(1) the likelihood that the member or former member to whom the
decision pertains will face future criminal prosecution or other
adverse action on the basis of the facts in the record at the time
of the review;
(2) the appropriate evidentiary standard to apply to the review
of the decision; and
(3) such other circumstances or factors as the Secretary
determines are in the interest of equity and fairness.
(c) Notification and Appeal.--
(1) In general.--Upon the completion of each review under
subsection (a), the Secretary of the Army shall notify the member
or former member concerned of such review, the disposition of the
relevant instance of titling or indexing, and the mechanisms the
member or former member may pursue to seek correction, removal, or
expungement of that instance of titling or indexing.
(2) Notification of next of kin.--In a case in which a member
or former member required to be notified under paragraph (1) is
deceased, the Secretary of the Army shall provide the notice
required under such paragraph to the primary next of kin of the
member or former member.
(d) Actions by the Secretary of the Army.--If the Secretary of the
Army determines that correction, removal, or expungement of an instance
of titling or indexing is appropriate after considering the factors
under subsection (b), the Secretary of the Army may request that the
name, personally identifying information, and other information
relating to the individual to whom the titling or indexing pertains be
corrected in, removed from, or expunged from, the following:
(1) A law enforcement or criminal investigative report of the
Department of Defense or any component of the Department.
(2) An index item or entry in the Department of Defense Central
Index of Investigations (DCII).
(3) Any other record maintained in connection with a report
described in paragraph (1), or an index item or entry described in
paragraph (2), in any system of records, records database, records
center, or repository maintained by or on behalf of the Department,
including entries in the Federal Bureau of Investigation's
Interstate Identification Index or any successor system.
(e) Report of Secretary of the Army.--Not later than 180 days after
the completion of the review required by subsection (a), the Secretary
of the Army shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the results of the
review. The report shall include the following:
(1) The total number of instances of titling and indexing
reviewed under such subsection.
(2) The number of cases in which action was taken to correct,
remove, or expunge an instance of titling or indexing.
(3) The number of members and former members who remain titled
after the conclusion of the review.
(4) The number of members and former members who remain indexed
after the conclusion of the review.
(5) A brief description of the reasons the members and former
members counted under paragraphs (3) and (4) remain titled or
indexed.
(6) Such other matters as the Secretary determines appropriate.
(f) Secretary of Defense Review and Report.--
(1) Review.--The Secretary of Defense shall conduct a review
the titling and indexing practices of the criminal investigative
organizations of the Armed Forces. Such review shall include--
(A) an assessment of the practices of titling and indexing
and the continued relevance of such practices to the operation
of such criminal investigative organizations;
(B) an evaluation of the suitability of the evidentiary
requirements and related practices for titling and indexing in
effect at the time of the review; and
(C) the development of recommendations, as appropriate, to
improve the consistency, accuracy, and utility of the titling
and indexing processes across such criminal investigative
organizations.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the review conducted
under paragraph (1).
(g) Definitions.--In this section:
(1) The term ``titling'' means the practice of identifying an
individual as the subject of a criminal investigation the records
of a military criminal investigative organization and storing such
information in a database or other records system.
(2) The term ``indexing'' means the practice of submitting an
individual's name or other personally identifiable information to
the Federal Bureau of Investigation's Interstate Identification
Index, or any successor system.
SEC. 549A. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR
IMPLEMENTATION OF MILITARY JUSTICE REFORM.
(a) Briefing and Report Required.--
(1) Briefing.--Not later than March 1, 2023, and no less
frequently than once every 180 days thereafter through December 31,
2024, each Secretary concerned shall provide to the appropriate
congressional committees a briefing that details the resourcing
necessary to implement subtitle D of title V of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81)
and the amendments made by that subtitle.
(2) Report.--Not later than one year after the date of the
enactment of this Act, each Secretary concerned shall submit to the
appropriate congressional committees a report that details the
resourcing necessary to implement subtitle D of title V of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81) and the amendments made by that subtitle.
(3) Form of briefing and report.--The Secretaries concerned may
provide the briefings and report required under paragraphs (1) and
(2) jointly, or separately, as determined appropriate by such
Secretaries.
(b) Elements.--The briefing and report required under subsection
(a) shall address the following:
(1) The number of personnel and personnel authorizations
(military and civilian) required by the Armed Forces to implement
and execute the provisions of subtitle D of title V of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81)
and the amendments made by that subtitle.
(2) The basis for the numbers provided pursuant to paragraph
(1), including the following:
(A) A description of the organizational structure in which
such personnel or groups of personnel are or will be aligned.
(B) The nature of the duties and functions to be performed
by any such personnel or groups of personnel across the domains
of policy-making, execution, assessment, and oversight.
(C) The optimum caseload goal assigned to the following
categories of personnel who are or will participate in the
military justice process: criminal investigators of different
levels and expertise, laboratory personnel, defense counsel,
special trial counsel, military defense counsel, military
judges, military magistrates, and paralegals.
(D) Any required increase in the number of personnel
currently authorized in law to be assigned to the Armed Force
concerned.
(3) The nature and scope of any contract required by the Armed
Force concerned to implement and execute the provisions of subtitle
D of title V of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) and the amendments made by that
subtitle.
(4) The amount and types of additional funding required by the
Armed Force concerned to implement the provisions of subtitle D of
title V of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81) and the amendments made by that subtitle.
(5) Any additional authorities required to implement the
provisions of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) and the
amendments made by that subtitle.
(6) Any additional information the Secretary concerned
determines is necessary to ensure the manning, equipping, and
resourcing of the Armed Forces to implement and execute the
provisions of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) and the
amendments made by that subtitle.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on
Appropriations of the House of Representatives.
(2) The term ``Secretary concerned'' has the meaning given that
term in section 101(a) of title 10, United States Code.
SEC. 549B. REPORT ON SHARING INFORMATION WITH COUNSEL FOR VICTIMS OF
OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed Forces
(referred to in this section as the ``Advisory Committee'') shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives and each Secretary concerned a report on the
feasibility and advisability of establishing a uniform policy for the
sharing of the information described in subsection (c) with a Special
Victims' Counsel, Victims' Legal Counsel, or other counsel representing
a victim of an offense under chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice).
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An assessment of the feasibility and advisability of
establishing the uniform policy described in subsection (a),
including an assessment of the potential effects of such a policy
on--
(A) the privacy of individuals;
(B) the criminal investigative process; and
(C) the military justice system generally.
(2) If the Advisory Committee determines that the establishment
of such a policy is feasible and advisable, a description of--
(A) the stages of the military justice process at which the
information described in subsection (c) should be made
available to counsel representing a victim; and
(B) any circumstances under which some or all of such
information should not be shared.
(3) Such recommendations for legislative or administrative
action as the Advisory Committee considers appropriate.
(c) Information Described.--The information described in this
subsection is the following:
(1) Any recorded statements of the victim to investigators.
(2) The record of any forensic examination of the person or
property of the victim, including the record of any sexual assault
forensic exam of the victim that is in possession of investigators
or the Government.
(3) Any medical record of the victim that is in the possession
of investigators or the Government.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(a)(9) of title 10, United States Code.
SEC. 549C. DISSEMINATION OF CIVILIAN LEGAL SERVICES INFORMATION.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense, acting through the head of the Sexual
Assault Prevention and Response Office of the Department of Defense,
shall ensure that information on the availability of legal resources
from civilian legal service organizations is distributed to military-
connected sexual assault victims in an organized and consistent manner.
Subtitle F--Member Education
SEC. 551. AUTHORIZATION OF CERTAIN SUPPORT FOR MILITARY SERVICE
ACADEMY FOUNDATIONS.
(a) In General.--Subchapter I of chapter 134 of title 10, United
States Code, is amended by inserting after section 2245 the end the
following new section:
``Sec. 2246. Authorization of certain support for military service
academy foundations
``(a) Authority.--Subject to subsection (b) and pursuant to
regulations prescribed by the Secretary of Defense, the Superintendent
of a Service Academy may authorize a covered foundation to use, on an
unreimbursed basis, facilities or equipment of such Service Academy.
``(b) Limitations.--Use of facilities or equipment under subsection
(a) may be provided only if such use--
``(1) is without any liability of the United States to the
covered foundation;
``(2) does not affect the ability of any official or employee
of the military department concerned, or any member of the armed
forces, to carry out any responsibility or duty in a fair and
objective manner;
``(3) does not compromise the integrity or appearance of
integrity of any program of the military department concerned, or
any individual involved in such a program;
``(4) does not include the participation of any cadet or
midshipman, other than participation in an honor guard at an event
of the covered foundation;
``(5) complies with the Joint Ethics Regulation; and
``(6) has been reviewed and approved by an attorney of the
military department concerned.
``(c) Briefing.--In any fiscal year during which the Superintendent
of a Service Academy exercises the authority under subsection (a), the
Secretary of the military department concerned shall provide a briefing
not later than the last day of that fiscal year to the Committees on
Armed Services of the Senate and House of Representatives regarding the
number of events or activities of a covered foundation supported by
such exercise during such fiscal year.
``(d) Definitions.--In this section:
``(1) The term `covered foundation' means a charitable,
educational, or civic nonprofit organization under section
501(c)(3) of the Internal Revenue Code of 1986, that the Secretary
concerned determines operates exclusively to support, with respect
to a Service Academy, any of the following:
``(A) Recruiting.
``(B) Parent or alumni development.
``(C) Academic, leadership, or character development.
``(D) Institutional development.
``(E) Athletics.
``(2) The term `Service Academy' has the meaning given such
term in section 347 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to item
2245 the following new item:
``2246. Authorization of certain support for military service academy
foundations.''.
SEC. 552. INDIVIDUALS FROM THE DISTRICT OF COLUMBIA WHO MAY BE
CONSIDERED FOR APPOINTMENT TO MILITARY SERVICE ACADEMIES.
(a) United States Military Academy.--Section 7442 of title 10,
United States Code, is amended, in subsection (b)(5), by striking
``paragraphs (3) and (4)'' and inserting ``paragraphs (3) through
(10)''.
(b) United States Naval Academy.--Section 8454 of title 10, United
States Code, is amended, in subsection (b)(5), by striking ``paragraphs
(3) and (4)'' and inserting ``paragraphs (3) through (10)''.
(c) United States Air Force Academy.--Section 9442 of title 10,
United States Code, is amended, in subsection (b)(5), by striking
``paragraphs (3) and (4)'' and inserting ``paragraphs (3) through
(10)''.
SEC. 553. AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY PROFESSIONAL
SPORT CONSTITUTES A BREACH OF AGREEMENT TO SERVE AS AN OFFICER.
(a) United States Military Academy.--Section 7448 of title 10,
United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) That the cadet may not obtain employment as a
professional athlete until two years after the cadet graduates from
the Academy.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) is not
eligible for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following new
paragraph (2):
``(2) that a cadet who obtains employment as a professional
athlete--
``(A) in violation of paragraph (5) of subsection (a) has
breached an agreement under such subsection; and
``(B) at least two years after the cadet graduates from the
Academy has not breached an agreement under subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is a
graduate of the Academy'' and inserting ``with respect to a
cadet''; and
(B) by striking ``officer's'' and inserting ``cadet's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
(b) United States Naval Academy.--Section 8459 of title 10, United
States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) That the midshipman may not obtain employment as a
professional athlete until two years after the midshipman graduates
from the Academy.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A midshipman who violates paragraph (5) of subsection (a) is
not eligible for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following new
paragraph (2):
``(2) that a midshipman who obtains employment as a
professional athlete--
``(A) in violation of paragraph (5) of subsection (a) has
breached an agreement under such subsection; and
``(B) at least two years after the midshipman graduates
from the Academy has not breached an agreement under subsection
(a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is a
graduate of the Academy'' and inserting ``with respect to a
midshipman''; and
(B) by striking ``officer's'' and inserting
``midshipman's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
(c) United States Air Force Academy.--Section 9448 of title 10,
United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) That the cadet may not obtain employment as a
professional athlete until two years after the cadet graduates from
the Academy.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) is not
eligible for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following new
paragraph (2):
``(2) that a cadet who obtains employment as a professional
athlete--
``(A) in violation of paragraph (5) of subsection (a) has
breached an agreement under such subsection; and
``(B) at least two years after the cadet graduates from the
Academy has not breached an agreement under subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is a
graduate of the Academy'' and inserting ``with respect to a
cadet''; and
(B) by striking ``officer's'' and inserting ``cadet's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
SEC. 554. NAVAL POSTGRADUATE SCHOOL AND UNITED STATES AIR FORCE
INSTITUTE OF TECHNOLOGY: TERMS OF PROVOSTS AND CHIEF ACADEMIC
OFFICERS.
(a) Naval Postgraduate School.--
(1) In general.--Section 8543 of title 10, United States Code,
is amended--
(A) by striking ``Academic Dean'' each place it appears and
inserting ``Chief Academic Officer'';
(B) in subsection (a), by striking the second sentence and
inserting ``An individual selected by the Secretary of the Navy
for the position of Provost and Chief Academic Officer shall
serve in that position for a term of not more than five years
and may be continued in that position for an additional term of
up to five years.''
(2) Technical and conforming amendments.--
(A) Section heading.--The heading of such section is
amended by striking ``Academic Dean'' and inserting ``Chief
Academic Officer''.
(B) Table of sections.--The table of sections at the
beginning of chapter 855 of such title is amended by striking
the item relating to section 8543 and inserting the following
new item:
``8543. Provost and Chief Academic Officer.''.
(C) Conforming amendment.--Section 8542(a)(4)(A)(ii)(II) of
such title is amended by striking ``permanently appointed to
the position of Provost and Academic Dean'' and inserting
``selected for the position of Provost and Chief Academic
Officer''.
(b) United States Air Force Institute of Technology.--Subsection
(b) of section 9414b of such title is amended--
(1) in the heading, by striking ``Academic Dean'' and inserting
``Chief Academic Officer'';
(2) by striking ``Academic Dean'' each place it appears and
inserting ``Chief Academic Officer'';
(3) in paragraph (1), by striking ``appointed'' and inserting
``selected''; and
(4) by striking paragraph (2) and inserting the following:
``(2) Term.--An individual selected for the position of Provost
and Chief Academic Officer shall serve in that position for a term
of not more than five years and may be continued in that position
for an additional term of up to five years.''.
SEC. 555. NAVAL POSTGRADUATE SCHOOL: ATTENDANCE BY ENLISTED
MEMBERS.
(a) In General.--Subsection (a)(2)(D)(iii) of section 8545 of title
10, United States Code, is amended by striking ``only on a space-
available basis''.
(b) Briefing.--Six years after the date of the enactment of this
Act, the Secretary of Defense shall brief the Committees on Armed
Services of the Senate and House of Representatives on the effects of
increasing enrollment of enlisted members at the Naval Postgraduate
School pursuant to the amendment made by subsection (a). Such briefing
shall include the following elements:
(1) Any increase to the effectiveness, readiness, or lethality
of the Armed Forces.
(2) Effects on rates of recruitment, promotion (including
compensation to members), and retention.
SEC. 556. MODIFICATION OF ANNUAL REPORT ON DEMOGRAPHICS OF MILITARY
SERVICE ACADEMY APPLICANTS.
Subsection (c)(2) of section 575 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 7442 note) is amended by adding at the end the
following new subparagraph:
``(C) Anything the Secretary determines to be significant
regarding gender, race, ethnicity, or other demographic
information, described in subsection (b), of such
individuals.''.
SEC. 557. STUDY AND REPORT ON PROFESSIONAL MILITARY EDUCATION.
(a) Report.--Not later than December 1, 2025, the Secretary of
Defense, in coordination with the Chairman of the Joint Chiefs of Staff
and the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the effectiveness of PME in educating officers of the Armed
Forces.
(b) Elements.--The Secretary of Defense shall include in the report
the following elements:
(1) Definitions; purpose statement.--In order to improve
readiness and create a culture of lifelong learning for PME
students and faculty--
(A) recommendations regarding whether to define PME, or to
revise existing definitions in section 2151 of title 10, United
States Code; and
(B) a purpose statement for PME.
(2) Course of study.--With regards to a course of study in
PME--
(A) an analysis of, and legislative recommendations
regarding, the existing three-phase approach to JPME under
section 2154 of title 10, United States Code.
(B) legislative recommendations regarding developing a
statutory three-phase approach for PME other than JPME, similar
to such approach for JPME; and
(C) a proposed career learning plan, provided to an officer
every two years, to track the progress of such officer in
achieving PME and JPME outcomes and other career milestones.
(3) Curriculum evaluation.--An evaluation of curricula of
institutions of PME, including--
(A) compliance with subject matter requirements under
chapter 107 of title 10, United States Code;
(B) legislative recommendations regarding such subject
matter requirements, including whether to include the national
defense strategy in such requirements;
(C) the curriculum development process, including whether
such process is responsive to changing global threats, and any
ways to improve such process to be able to make rapid,
relevant, and responsive curriculum updates;
(D) current modes of instruction and related
recommendations, including the use of interactive seminars, war
games, simulations, experiential learning, and iterative case
studies;
(E) special areas of focus regarding innovation, including
disruptive change, adaptive thinking, design thinking, cyber
security, artificial intelligence, applied design for
innovation, and other areas the Secretary determines
appropriate; and
(F) the development and assessment of learning outcomes
regarding lethality and strategic influence.
(4) Systems of accountability and performance.--An evaluation
of the following accountability and performance systems:
(A) Student performance assessments.
(B) The documentation of student performance in military
service records.
(C) Consideration of student performance records in the
determination of assignments and promotions.
(D) Consideration of expertise or academic focus in the
determination of assignments.
(5) Academic faculty and student review system.--A summary of
current processes to review the following:
(A) The means by which faculty assigned to teach PME
(including members of the Armed Forces and civilian personnel)
are selected, managed, promoted, and evaluated.
(B) The academic freedom of faculty described in
subparagraph (A).
(C) A review of how members are selected for residential
and non-residential PME, including the consideration of student
performance assessments during PME.
(6) Interactions of with institutions of pme civilian
institutions.--
(A) Partnerships.--A review of existing academic
partnerships between institutions of PME and civilian
institutions, including--
(i) the scopes, purposes, and lengths of such
partnerships;
(ii) any research, curriculum development, or sharing
of faculty or students between institutions; and
(iii) any collaborations or exchanges by faculties or
students.
(B) Consortium.--An appraisal of a prospective consortium
of institutions of PME and civilian institutions, including--
(i) the feasability and advisability of establishing
such a consortium;
(ii) recommendations, if any, regarding potential
consortium members;
(iii) the anticipated costs and timeline to establish
such a consortium; and
(iii) whether the inclusion of the Naval Postgraduate
School or Air Force Institute of Technology in such a
consortium would require legislation.
(7) Organization.--With regards to the organizational structure
and lines of authority established pursuant to section 2152 of
title 10, United States Code--
(A) an analysis; and
(B) any legislative recommendations.
(c) Interim Briefings and Final Report.--
(1) Initial briefing.--Not later than June 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate an initial
briefing on the progress of the Secretary in preparing the report.
(2) Interim briefings.--Every six months after the initial
briefing, the Secretary of Defense shall provide to the Committees
on Armed Services of the House of Representatives and the Senate an
interim briefing on the progress and contents of the report.
(3) Final briefing.--Not later than December 1, 2025, in
conjunction with issuance of the final report, the Secretary of
Defense shall provide to the Committees on Armed Services of the
Senate and House of Representatives a final briefing on the
findings and recommendations in the report.
(d) Definitions.--In this section:
(1) The term ``institutions of PME'' means--
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ``intermediate level service school'', ``joint
intermediate level service school'', and ``senior level service
school'' have the meaning given such terms in section 2151 of title
10, United States Code.
(3) The term ``JPME'' means ``joint professional military
education'' has the meaning given such term in section 2151 of
title 10, United States Code.
(4) The term ``PME'' means professional military education,
including JPME.
(5) The term ``professional military education schools'' means
the schools specified in section 2162(b) of title 10, United States
Code.
SEC. 558. REPORT ON TREATMENT OF CHINA IN CURRICULA OF PROFESSIONAL
MILITARY EDUCATION.
(a) In General.--Not later than December 1, 2023, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report regarding the treatment of China
in the curricula of institutions of military education, including
changes to such treatment implemented in the five years preceding the
date of such report.
(b) Definitions.--In this section:
(1) The term ``institutions of military education'' means--
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ``intermediate level service school'', ``joint
intermediate level service school'', and ``senior level service
school'' have the meaning given such terms in section 2151 of title
10, United States Code.
(3) The term ``professional military education schools'' means
the schools specified in section 2162 of title 10, United States
Code.
Subtitle G--Member Training and Transition
SEC. 561. CODIFICATION OF SKILLBRIDGE PROGRAM.
(a) In General.--Section 1143(e) of title 10, United States Code,
is amended--
(1) in the heading, by adding ``; Skillbridge'' after
``Training''; and
(2) in paragraph (1), by adding at the end ``Such a program
shall be known as `Skillbridge'.''.
(b) Regulations.--To carry out Skillbridge, the Secretary of
Defense shall, not later than September 30, 2023--
(1) update Department of Defense Instruction 1322.29, titled
``Job Training, Employment Skills Training, Apprenticeships, and
Internships (JTEST-AI) for Eligible Service Members''; and
(2) develop a funding plan for Skillbridge that includes
funding lines across the future-years defense program under section
221 of title 10, United States Code.
SEC. 562. PILOT PROGRAM ON REMOTE PERSONNEL PROCESSING IN THE ARMY.
(a) Establishment.--Not later than January 1, 2024, the Secretary
of the Army shall implement a pilot program to expedite in-processing
and out-processing at one or more military installations--
(1) under the jurisdiction of such Secretary; and
(2) located within the continental United States.
(b) Functions.--The pilot program shall perform the following
functions:
(1) Enable the remote in-processing and out-processing of
covered personnel, including by permitting covered personnel to
sign forms electronically.
(2) Reduce the number of hours required of covered personnel
for in-processing and out-processing.
(3) Provide, to covered personnel and the commander of a
military installation concerned, electronic copies of records
related to in-processing and out-processing.
(c) Termination.--The pilot program shall terminate on January 1st,
2027.
(d) Report.--Not later than January 1, 2026, the Secretary shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report regarding the pilot program, including the
recommendation of the Secretary whether to make the pilot program
permanent.
(e) Definitions.--In this section:
(1) The term ``covered personnel'' includes members of the Army
and civilian employees of the Department of the Army.
(2) The term ``in-processing'' means the administrative
activities that covered personnel undertake pursuant to a permanent
change of station.
(3) The term ``out-processing'' means the administrative
activities that covered personnel undertake pursuant to a permanent
change of station, separation from the Army, or end of employment
with the Department of the Army.
SEC. 563. ANNUAL REPORT ON MEMBERS SEPARATING FROM ACTIVE DUTY WHO
FILE CLAIMS FOR DISABILITY BENEFITS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, and not later than each January 1 thereafter
through 2025, the Secretary of Defense, in consultation with the
Secretary of Veterans Affairs, shall submit to the appropriate
congressional committees a report on members of the Armed Forces who
file claims for disability benefits.
(b) Elements.--The report under this section shall include, for the
period beginning on October 1, 2019, through the month that ended most
recently before the date of the report, the number of members serving
on active duty, disaggregated by Armed Force, who filed a claim for
disability benefits--
(1) more than 180 days before the discharge or release of such
member from active duty;
(2) between 180 and 90 days before the discharge or release of
such member from active duty;
(3) fewer than 90 days before the discharge or release of such
member from active duty;
(4) before separation and was issued a decision letter before
the discharge or release of such member from active duty;
(5) before separation and was issued a decision letter after
the discharge or release of such member from active duty;
(6) completed a mental health evaluation before the discharge
or release of such member from active duty; and
(7) did not complete a mental health evaluation before the
discharge or release of such member from active duty.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committees on Armed Services of the Senate and House of
Representatives.
(2) The Committees on Veterans' Affairs of the Senate and House
of Representatives.
SEC. 564. FEMALE MEMBERS OF CERTAIN ARMED FORCES AND CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE IN STEM.
(a) Study on Members and Civilians.--Not later than September 30,
2023, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a briefing
containing the results of a study on how to increase participation of
covered individuals in positions in the covered Armed Forces or
Department of Defense and related to STEM.
(b) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force under
the jurisdiction of the Secretary of a military department.
(2) The term ``covered individual'' means a female--
(A) member of a covered Armed Force; or
(B) civilian employee of the Department of Defense.
(3) The term ``STEM'' means science, technology, engineering,
and mathematics.
Subtitle H--Military Family Readiness and Dependents' Education
SEC. 571. CLARIFICATION AND EXPANSION OF AUTHORIZATION OF SUPPORT
FOR CHAPLAIN-LED PROGRAMS FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 1789 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``chaplain-led programs'' and inserting ``a
chaplain-led program'';
(B) by striking ``members of the armed forces'' and all
that follows through ``status and their immediate family
members,'' and inserting ``a covered individual''; and
(C) by inserting ``, or to support the resiliency, suicide
prevention, or holistic wellness of such covered individual''
after ``structure'';
(2) in subsection (b)--
(A) by striking ``members of the armed forces and their
family members'' and inserting ``a covered individual'';
(B) by striking ``programs'' and inserting ``a program'';
and
(C) by striking ``retreats and conferences'' and inserting
``a retreat or conference''; and
(3) by striking subsection (c) and inserting the following:
``(c) Covered Individual Defined.--In this section, the term
`covered individual' means--
``(1) a member of the armed forces on active duty;
``(2) a member of the reserve components in an active status;
or
``(3) a dependent of an individual described in subparagraph
(A) or (B).''.
(b) Annual Briefings.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for five years, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a briefing on implementation
of the amendments made by this section. Each such briefing shall
include the following:
(1) The frequency with which the Secretaries of the military
departments used the authority under such amendments in the year
preceding the date of the briefing.
(2) Lessons learned from such usage.
SEC. 572. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS: EXTENSION;
REPORT.
(a) Extension.--Section 589C(e) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 2164 note) is amended by striking ``four years after
the date of the enactment of this Act'' and inserting ``on July 1,
2029''.
(b) Report Required.--
(1) In general.--Not later than December 31, 2028, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on
the conduct of the pilot program under such section.
(2) Elements.--The report shall include a description of--
(A) the locations at which the pilot program is carried
out;
(B) the number of students participating in the pilot
program for each academic year by location; and
(C) the outcome measures used to gauge the value of the
pilot program to the Department of Defense.
SEC. 573. COMMERCIAL AIR WAIVER FOR NEXT OF KIN REGARDING
TRANSPORTATION OF REMAINS OF CASUALTIES.
Section 580A of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended by adding at the end the
following:
``(c) Transportation of Deceased Military Member.--In the event of
a death that requires the Secretary concerned to provide a death
benefit under subchapter II of chapter 75 of title 10, United States
Code, such Secretary--
``(1) shall provide the next of kin or other appropriate person
a commercial air travel use waiver for the transportation of
deceased remains of military member who dies outside of--
``(A) the United States; and
``(B) a theater of combat operations; or
``(2) may provide the next of kin or other appropriate person a
commercial air travel use waiver for the transportation of deceased
remains of military member who dies inside a theater of combat
operations.''.
SEC. 574. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational Agencies
That Benefit Dependents of Members of the Armed Forces and Department
of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers of military
dependent students.--Of the amount authorized to be appropriated
for fiscal year 2023 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $50,000,000 shall be available only for the
purpose of providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(2) Local educational agency defined.--In this subsection, the
term ``local educational agency'' has the meaning given that term
in section 7013(9) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be appropriated
for fiscal year 2023 pursuant to section 301 and available for
operation and maintenance for Defense-wide activities as specified
in the funding table in section 4301, $10,000,000 shall be
available for payments under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C.
7703a).
(2) Additional amount.--Of the amount authorized to be
appropriated for fiscal year 2023 pursuant to section 301 and
available for operation and maintenance for Defense-wide activities
as specified in the funding table in section 4301, $10,000,000
shall be available for use by the Secretary of Defense to make
payments to local educational agencies determined by the Secretary
to have higher concentrations of military dependent students with
severe disabilities.
(3) Report.--Not later than March 31, 2023, the Secretary shall
brief the Committees on Armed Services of the Senate and the House
of Representatives on the evaluation of the Secretary of each local
educational agency with higher concentrations of military dependent
students with severe disabilities and subsequent determination of
the amounts of impact aid each such agency shall receive.
SEC. 575. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES WITH ENROLLMENT CHANGES
DUE TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE
RELOCATIONS.
(a) Assistance Authorized.--To assist communities in making
adjustments resulting from changes in the size or location of the Armed
Forces, the Secretary of Defense shall provide financial assistance to
an eligible local educational agency described in subsection (b) if,
during the period between the end of the school year preceding the
fiscal year for which the assistance is authorized and the beginning of
the school year immediately preceding that school year, the local
educational agency--
(1) had (as determined by the Secretary of Defense in
consultation with the Secretary of Education) an overall increase
or reduction of--
(A) not less than five percent in the average daily
attendance of military dependent students in the schools of the
local educational agency; or
(B) not less than 500 military dependent students in
average daily attendance in the schools of the local
educational agency; or
(2) is projected to have an overall increase, between fiscal
years 2023 and 2028, of not less than 500 military dependent
students in average daily attendance in the schools of the local
educational agency as the result of a signed record of decision.
(b) Eligible Local Educational Agencies.--A local educational
agency is eligible for assistance under subsection (a) for a fiscal
year if--
(1) 20 percent or more of students enrolled in schools of the
local educational agency are military dependent students; and
(2) in the case of assistance described in subsection (a)(1),
the overall increase or reduction in military dependent students in
schools of the local educational agency is the result of one or
more of the following:
(A) The global rebasing plan of the Department of Defense.
(B) The official creation or activation of one or more new
military units.
(C) The realignment of forces as a result of the base
closure process.
(D) A change in the number of housing units on a military
installation.
(E) A signed record of decision.
(c) Calculation of Amount of Assistance.--
(1) Pro rata distribution.--The amount of the assistance
provided under subsection (a) to a local educational agency that is
eligible for such assistance for a fiscal year shall be equal to
the product obtained by multiplying--
(A) the per-student rate determined under paragraph (2) for
that fiscal year; by
(B) the net of the overall increases and reductions in the
number of military dependent students in schools of the local
educational agency, as determined under subsection (a).
(2) Per-student rate.--For purposes of paragraph (1)(A), the
per-student rate for a fiscal year shall be equal to the dollar
amount obtained by dividing--
(A) the total amount of funds made available for that
fiscal year to provide assistance under subsection (a); by
(B) the sum of the overall increases and reductions in the
number of military dependent students in schools of all
eligible local educational agencies for that fiscal year under
that subsection.
(3) Maximum amount of assistance.--A local educational agency
may not receive more than $15,000,000 in assistance under
subsection (a) for any fiscal year.
(d) Duration.--Assistance may not be provided under subsection (a)
after September 30, 2028.
(e) Notification.--Not later than June 30, 2023, and June 30 of
each fiscal year thereafter for which funds are made available to carry
out this section, the Secretary of Defense shall notify each local
educational agency that is eligible for assistance under subsection (a)
for that fiscal year of--
(1) the eligibility of the local educational agency for the
assistance; and
(2) the amount of the assistance for which the local
educational agency is eligible.
(f) Disbursement of Funds.--The Secretary of Defense shall disburse
assistance made available under subsection (a) for a fiscal year not
later than 30 days after the date on which notification to the eligible
local educational agencies is provided pursuant to subsection (e) for
that fiscal year.
(g) Briefing Required.--Not later than March 1, 2023, the Secretary
of Defense shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the estimated cost of providing
assistance to local educational agencies under subsection (a) through
September 30, 2028.
(h) Eligible Uses.--Amounts disbursed to a local education agency
under subsection (f) may be used by such local educational agency for--
(1) general fund purposes;
(2) special education;
(3) school maintenance and operation;
(4) school expansion; or
(5) new school construction.
(i) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operation and Maintenance, Defense-
wide, Department of Defense Education Activity, Line 390, as
specified in the corresponding funding table in section 4301, is
hereby increased by $15,000,000 for purposes of this section.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operation and Maintenance, Defense-
wide, for Washington Headquarters Services, Line 500, as specified
in the corresponding funding table in section 4301, is hereby
reduced by $15,000,000.
(j) Definitions.--In this section:
(1) The term ``base closure process'' means any base closure
and realignment process conducted after the date of the enactment
of this Act under section 2687 of title 10, United States Code, or
any other similar law enacted after that date.
(2) The term ``local educational agency'' has the meaning given
that term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ``military dependent students'' means--
(A) elementary and secondary school students who are
dependents of members of the Armed Forces; and
(B) elementary and secondary school students who are
dependents of civilian employees of the Department of Defense.
(4) The term ``State'' means each of the several States and the
District of Columbia.
SEC. 576. PILOT PROGRAM ON HIRING OF SPECIAL NEEDS INCLUSION
COORDINATORS FOR DEPARTMENT OF DEFENSE CHILD DEVELOPMENT CENTERS.
(a) In General.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, shall carry out a pilot
program to hire special needs inclusion coordinators at child
development centers selected by the Secretary under subsection (b).
(b) Selection of Centers.--The Secretary of Defense shall select
the child development centers at which the pilot program required by
subsection (a) will be carried out based on--
(1) the number of dependent children enrolled in the
Exceptional Family Member Program at the military installation on
which the center in located;
(2) the number of children with special needs enrolled in the
center; and
(3) such other considerations as the Secretary, in consultation
with the Secretaries of the military departments, considers
appropriate.
(c) Functions.--Each special needs inclusion coordinator assigned
to a child development center under the pilot program required by
subsection (a) shall--
(1) coordinate intervention and inclusion services at the
center;
(2) provide direct classroom support; and
(3) provide guidance and assistance relating to the increased
complexity of working with the behaviors of children with special
needs.
(d) Briefings Required.--
(1) Briefing on anticipated costs.--Not later than March 1,
2023, the Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a
briefing on the anticipated costs for the pilot program required by
subsection (a).
(2) Briefing on effectiveness of program.--Not later than
September 30, 2025, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the pilot program required by
subsection (a) that includes--
(A) the number of special needs inclusion coordinators
hired under the pilot program;
(B) a description of any issues relating to the retention
of those coordinators;
(C) a recommendation with respect to whether the pilot
program should be made permanent or expanded to other military
installations; and
(D) an assessment of the amount of funding required to make
the pilot program permanent or expand the pilot program to
other military installations, as the Secretary recommends under
subparagraph (C).
(e) Duration of Pilot Program.--The pilot program required by
subsection (a) shall--
(1) commence not later than January 1, 2024; and
(2) terminate on December 31, 2026.
(f) Child Development Center Defined.--In this section, the term
``child development center'' has the meaning given that term in section
2871(2) of title 10, United States Code, and includes a facility
identified as a child care center or day care center.
SEC. 577. PROMOTION OF CERTAIN CHILD CARE ASSISTANCE.
(a) In General.--Each Secretary concerned shall promote, to members
of the Armed Forces under the jurisdiction of such Secretary concerned,
awareness of child care assistance available under--
(1) section 1798 of title 10, United States Code; and
(2) section 589 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283;
10 U.S.C. 1791 note).
(b) Reporting.--Not later than one year after the date of the
enactment of this Act, each Secretary concerned shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report summarizing activities taken by such Secretary concerned to
carry out subsection (a).
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given such term in section 101
of title 10, United States Code.
SEC. 578. INDUSTRY ROUNDTABLE ON MILITARY SPOUSE HIRING.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Personnel and
Readiness shall seek to convene an industry roundtable to discuss the
hiring of military spouses. Such discussion shall include the following
elements:
(1) The value of, and opportunities to, private entities that
hire military spouses.
(2) Career opportunities for military spouses.
(3) Understanding the challenges that military spouses
encounter in the labor market.
(4) Gaps and opportunities in the labor market for military
spouses.
(5) Best hiring practices from industry leaders in human
resources.
(6) The benefits of portable licenses and interstate licensure
compacts for military spouses.
(b) Participants.--The participants in the roundtable shall include
the following:
(1) The Under Secretary of Defense for Personnel and Readiness.
(2) The Assistant Secretary for Manpower and Reserve Affairs of
each military department.
(3) The Director of the Defense Human Resources Activity.
(4) Other officials of the Department of Defense the Secretary
of Defense determines appropriate.
(5) Private entities that elect to participate.
(c) Notice.--The Under Secretary shall publish notice of the
roundtable in multiple private sector forums and the Federal Register
to encourage participation in the roundtable by private entities and
entities interested in the hiring of military spouses.
(d) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the Committees on Armed Services of the Senate and House of
Representatives on the lessons learned from the roundtable, including
the recommendation of the Secretary whether to convene the roundtable
annually.
SEC. 579. RECOMMENDATIONS FOR THE IMPROVEMENT OF THE MILITARY
INTERSTATE CHILDREN'S COMPACT.
(a) Recommendations Required.--The Secretaries concerned, in
consultation with States through the Defense-State Liaison Office,
shall develop recommendations to improve the Military Interstate
Children's Compact.
(b) Considerations.--In carrying out subsection (a), the
Secretaries concerned shall--
(1) identify any barriers--
(A) to the ability of a parent of a transferring military-
connected child to enroll the child, in advance, in an
elementary or secondary school in the State in which the child
is transferring, without requiring the parent or child to be
physically present in the State; and
(B) to the ability of a transferring military-connected
child who receives special education services to gain access to
such services and related supports in the State to which the
child transfers within the timeframes required under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.);
(2) consider the feasibility and advisability of--
(A) tracking and reporting the number of families who use
advanced enrollment in States that offer advanced enrollment to
military-connected children;
(B) States clarifying in legislation that eligibility for
advanced enrollment requires only written evidence of a
permanent change of station order, and does not require a
parent of a military-connected child to produce a rental
agreement or mortgage statement; and
(C) the Secretary of Defense, in coordination with the
Military Interstate Children's Compact, developing a letter or
other memorandum that military families may present to local
educational agencies that outlines the protections afforded to
military-connected children by the Military Interstate
Children's Compact; and
(3) identify any other actions that may be taken by the States
(acting together or separately) to improve the Military Interstate
Children's Compact.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretaries concerned shall submit to the
Committees on Armed Services of the Senate and House of
Representatives, and to the States, a report setting forth the
recommendations developed under subsection (a).
(d) Definitions.--In this section:
(1) The terms ``armed forces'', ``active duty'' and
``congressional defense committees'' have the meanings given those
terms in section 101 of title 10, United States Code.
(2) The terms ``child'', ``elementary school'', ``local
educational agency'', ``secondary school'', ``parent'', and
``State'' have the meanings given those terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) The term ``Military Interstate Children's Compact'' means
the Interstate Compact on Educational Opportunity for Military
Children as described in Department of Defense Instruction 1342.29,
dated January 31, 2017 (or any successor to such instruction).
(4) The term ``Secretary concerned'' means--
(A) the Secretary of Defense, with respect to matters
concerning the Department of Defense; and
(B) the Secretary of the department in which the Coast
Guard is operating, with respect to matters concerning the
Coast Guard when it is not operating as a service in the
Department of the Navy.
(5) The term ``transferring military-connected child'' means
the child of a parent who--
(A) is serving on active duty in the Armed Forces;
(B) is changing duty locations due to a permanent change of
station order; and
(C) has not yet established an ongoing physical presence in
the State to which the parent is transferring.
SEC. 579A. FEASIBILITY OF INCLUSION OF AU PAIRS IN PILOT PROGRAM TO
PROVIDE FINANCIAL ASSISTANCE TO MEMBERS OF THE ARMED FORCES FOR IN-HOME
CHILD CARE.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the Secretary of
State, shall submit, to the Committees on Armed Services of the Senate
and House of Representatives, a briefing containing the assessment of
the Secretary of Defense of the feasibility, advisability, and
considerations of expanding eligibility for the pilot program under
section 589 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
1791 note) to members of the Armed Forces who participate in an
exchange visitor program under section 62.31 of title 22, Code of
Federal Regulations, or successor regulation.
SEC. 579B. BRIEFING ON POLICIES REGARDING SINGLE PARENTS SERVING AS
MEMBERS OF THE ARMED FORCES.
Not later than September 30, 2023, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a briefing on regulations and rules of the Department
of Defense regarding single parents serving as members of the Armed
Forces. Such briefing shall include ways the Secretary has determined
to improve such regulations and rules.
SEC. 579C. PUBLIC REPORTING ON CERTAIN MILITARY CHILD CARE PROGRAMS.
Not later than September 30, 2023, and each calendar quarter
thereafter, the Secretary of Defense shall post, on a publicly
accessible website of the Department of Defense, information regarding
the Military Child Care in Your Neighborhood and Military Child Care in
Your Neighborhood-Plus programs, disaggregated by State, ZIP code, and
Armed Force. Such information shall include whether each such provider
is nationally accredited or rated by the Quality Rating and Improvement
System of the State.
SEC. 579D. BRIEFING ON VERIFICATION OF ELIGIBLE FEDERALLY CONNECTED
CHILDREN FOR PURPOSES OF FEDERAL IMPACT AID PROGRAMS.
Not later than February 1, 2023, the Secretary of Defense, in
consultation with the Secretaries of the military departments, shall
brief the Committees on Armed Services of the Senate and House of
Representatives on the following:
(1) The feasibility of developing a process whereby the
commander of a military installation may certify the information
contained in impact aid source check forms received by such
commander from local educational agencies as of the date of such
certification.
(2) An estimate of resources, per military installation
concerned, necessary to implement such a process, including
personnel, information technology, and other costs.
(3) The estimated time required to implement such a process,
including time for the Secretary of Defense to develop guidance
regarding such a process.
(4) The possible benefits of working with local educational
agencies to ensure that impact aid source check forms are submitted
appropriately to enable such certification.
SEC. 579E. SENSE OF CONGRESS ON RIGHTS OF PARENTS OF CHILDREN ATTENDING
SCHOOLS OPERATED BY THE DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
(a) Sense of Congress.--It is the sense of Congress that the parent
of a child who attends a school operated by the Department of Defense
Education Activity has parental rights as previously established by the
Activity, including the following:
(1) The right to information about the curriculum and
instructional materials of the school.
(2) The right to be informed if the school or Department of
Defense Education Activity alters the school's academic standards
or learning benchmarks.
(3) The right to meet with each teacher of their child not less
than twice during each school year, including meetings in the form
of parent-teacher conferences.
(4) The right to information about the budget of the school.
(5) The right to request information regarding the professional
qualifications of their child's classroom teacher.
(6) The right to address the school advisory committee or the
school board.
(7) The right to information about the school's discipline
policy, including policies related to responding to any violent
activity in the school.
(8) The right to information about any plans to eliminate
gifted and talented programs or accelerated coursework at the
school.
(9) The right to be informed of the results of environmental
testing and safety at school facilities.
(b) Report.--Not later than six months after the date of the
enactment of this Act and consistent with the parental rights specified
in subsection (a), the Director of the Department of Defense Education
Activity shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the parental rights
specified in such subsection. The report shall include, with respect to
the schools operated by the Department of Defense Education Activity,
an explanation of--
(1) how and where a parent may access information about their
rights;
(2) the accessibility of that information;
(3) how such schools inform parents of their rights and the
means to access such rights; and
(4) the uniformity of parental rights across such schools.
(c) Definition.--In this section, the term ``school operated by the
Department of Defense Education Activity'' means--
(1) a Department of Defense domestic dependent elementary or
secondary school, as described in section 2164 of title 10, United
States Code; or
(2) any other elementary or secondary school or program for
dependents operated by the Department of Defense Education
Activity.
Subtitle I--Decorations, Awards, and Other Honors
SEC. 581. CLARIFICATION OF PROCEDURE FOR BOARDS FOR THE CORRECTION
OF MILITARY RECORDS TO REVIEW DETERMINATIONS REGARDING CERTAIN
DECORATIONS.
Section 1552 of title 10, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting, after subsection (i), the following new
subsection:
``(j) For a recommendation to award or upgrade a military
decoration or award submitted pursuant to section 1130 of this title, a
board determination in favor of the claimant shall allow such a
recommendation to proceed, and an award or upgrade to be made by the
applicable award authority, without regard to the statutory time
limitation contained in section 7274, section 8298, or section 9274 of
this title, as the case may be.''.
SEC. 582. AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) Authorization for Award of the Medal of Honor to Fred McGee for
Acts of Valor on June 16, 1952.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Medal of Honor under section 7272 of such title to Fred
McGee for the acts of valor described in the paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Fred McGee as a corporal in the
Army on June 16, 1952, for which he was previously awarded the
Silver Star.
(b) Authorization for Award of the Medal of Honor to David R.
Halbruner for Acts of Valor on September 11-12, 2012.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Medal of Honor under section 7272 of such title to David
R. Halbruner for the acts of valor described in the paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of David R. Halbruner as a master
sergeant in the Army on September 11-12, 2012, for which he was
previously awarded the Distinguished-Service Cross.
SEC. 583. POSTHUMOUS APPOINTMENT OF ULYSSES S. GRANT TO GRADE OF
GENERAL OF THE ARMIES OF THE UNITED STATES.
The President is authorized to appoint Ulysses S. Grant
posthumously to the grade of General of the Armies of the United
States, equal to the rank and precedence held by General John J.
Pershing pursuant to the Act titled ``An Act Relating to the creation
of the office of General of the Armies of the United States'', approved
September 3, 1919 (41 Stat. 283, ch. 56).
SEC. 584. ENHANCED INFORMATION RELATED TO AWARDING OF THE PURPLE
HEART.
(a) Publication of Award Criteria.--Not later than 180 days after
the date of the enactment of this Act, each Chief of an Armed Force
shall publish on a publicly available website of such Armed Force
includes a link to--
(1) a description of the background of the Purple Heart;
(2) the eligibility criteria for awarding the Purple Heart; and
(3) contact information for the awards and decorations liaison
of such Armed Force to facilitate confirmation, by a veteran or a
veteran's next of kin, whether a veteran was awarded the Purple
Heart after December 31, 2002.
(b) Report.--Not later than one year after the date of the
enactment of this Act, each Chief of an Armed Force shall submit to the
congressional defense committees a report on implementation of the
requirements under subsection (a). The report shall--
(1) provide background on the website described in such
subsection;
(2) include the number of requests received by the Armed Force
related to confirming the award of a Purple Heart;
(3) describe the average response time for confirming the award
of a Purple Heart in response to an inquiry from a veteran or next
of kin; and
(4) include recommendations for decreasing the amount of time
taken to respond to such inquiries.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. REPORT ON NON-CITIZEN MEMBERS OF THE ARMED FORCES.
Section 115a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Not later than April 1 each year, the Secretary shall submit
to Congress a report that sets forth the following with respect to
personnel:
``(1) The number of members of the Armed Forces who are not
citizens of the United States during the year covered by such
report.
``(2) The immigration status of such members.
``(3) The number of such members naturalized.''.
SEC. 592. NOTIFICATION ON MANNING OF AFLOAT NAVAL FORCES:
MODIFICATIONS; CODIFICATION.
(a) Repeals.--
(1) Sunset.--Subsection (e) of section 597 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92;
10 U.S.C. 8013 note) is repealed.
(2) Obsolete provision.--Subsection (f) of such section is
repealed.
(b) Definitions: Addition; Clerical Improvements.--Subsection (d)
of such section--
(1) is amended--
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (3), (2), and (1), respectively;
(B) by striking the heading of each such paragraph; and
(C) by adding at the end the following new paragraph:
``(4) The term `surface combatant vessel' means any littoral
combat ship (including the LCS-1 and LCS-2 classes), frigate
(including the FFG-62 class), destroyer (excluding the DDG-1000
class), or cruiser (including the CG-47 class).''; and
(2) is redesignated as subsection (e).
(c) Establishment of Certain Crewing Requirement.--Such section is
amended by inserting, after subsection (c), the following new
subsection (d):
``(d) Crewing of a Surface Combatant Vessel: Prohibition;
Exception.--(1) Beginning on October 1, 2025, the Secretary of the Navy
may not assign more than one crew to a covered ship that is a surface
combatant vessel if any surface combatant vessel was included in a
notification under subsection (a) during the 12 months preceding such
assignment.
``(2) The prohibition under paragraph (1) shall not apply to a
littoral combat ship configured to conduct mine countermeasures if the
Secretary of the Navy submits to the congressional defense committees a
certification and detailed explanation that such ship is unable to meet
operational requirements regarding mine countermeasures, determined by
the commander of a combatant command concerned, with only one crew.''.
(d) Codification.--
(1) In general.--Such section, as amended by this section, is
transferred to chapter 825 of title 10, United States Code,
inserted after section 8226, and redesignated as section 8227.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding, after the item relating to
section 8226, the following new item:
``8227. Notifications on manning of afloat naval forces.''.
SEC. 593. CLARIFICATION OF AUTHORITY OF NCMAF TO UPDATE CHAPLAINS
HILL AT ARLINGTON NATIONAL CEMETERY.
Section 584(a) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 38 U.S.C. 2409 note) is amended by adding
at the end the following new paragraph:
``(4) Authority of secretary of the army.--The Secretary of the
Army may permit NCMAF to carry out any action authorized by this
subsection without regard to the time limitation under section
2409(b)(2)(C) of title 38, United States Code.''.
SEC. 594. DISINTERMENT OF REMAINS OF ANDREW CHABROL FROM ARLINGTON
NATIONAL CEMETERY.
(a) Disinterment.--Not later than September 30, 2023, the Secretary
of the Army shall disinter the remains of Andrew Chabrol from Arlington
National Cemetery.
(b) Notification.--The Secretary of the Army may not carry out
subsection (a) until after notifying the next of kin of Andrew Chabrol.
(c) Disposition.--After carrying out subsection (a), the Secretary
of the Army shall--
(1) relinquish the remains to the next of kin described in
subsection (b); or
(2) if no such next of kin responds to notification under
subsection (b), arrange for disposition of the remains as the
Secretary of the Army determines appropriate.
SEC. 595. PILOT PROGRAM ON SAFE STORAGE OF PERSONALLY OWNED
FIREARMS.
(a) Establishment.--The Secretary of Defense shall establish a
pilot program to promote the safe storage of personally owned firearms.
(b) Elements.--Under the pilot program under subsection (a), the
Secretary of Defense shall furnish to members of the Armed Forces who
are participating in the pilot program at military installations
selected under subsection (e) locking devices or firearm safes, or
both, for the purpose of securing personally owned firearms when not in
use (including by directly providing, subsidizing, or otherwise making
available such devices or safes).
(c) Participation.--
(1) Voluntary participation.--Participation by members of the
Armed Forces in the pilot program under subsection (a) shall be on
a voluntary basis.
(2) Location of participants.--A member of the Armed Forces may
participate in the pilot program under subsection (a) carried out
at a military installation selected under subsection (e) regardless
of whether the member resides at the military installation.
(d) Plan.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a plan
for the implementation of the pilot program under subsection (a).
(e) Selection of Installations.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense shall
select not fewer than five military installations at which to carry out
the pilot program under subsection (a).
(f) Effect on Existing Policies.--Nothing in this section shall be
construed to circumvent or undermine any existing safe storage
policies, laws, or regulations on military installations.
(g) Report.--Upon the termination under subsection (h) of the pilot
program under subsection (a), the Secretary of Defense shall submit to
the congressional defense committees a report containing the following
information:
(1) The number and type of locking devices and firearm safes
furnished to members of the Armed Forces under the pilot program.
(2) The cost of carrying out the pilot program.
(3) An analysis of the effect of the pilot program on suicide
prevention.
(4) Such other information as the Secretary may determine
appropriate, which shall exclude any personally identifiable
information about participants in the pilot program.
(h) Termination.--The pilot program under subsection (a) shall
terminate on the date that is six years after the date of the enactment
of this Act.
SEC. 596. PILOT PROGRAM ON CAR SHARING ON REMOTE OR ISOLATED
MILITARY INSTALLATIONS.
(a) Determination.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall determine whether
it is feasible and advisable to carry out a pilot program to allow car
sharing on more than two remote or isolated military installations.
(b) Authority.--If the Secretary determines that such a pilot
program is feasible and advisable, the Secretary shall submit to the
congressional defense committees a plan to carry out the pilot program
not later than 90 days after such determination.
(c) Program Elements.--To carry out a pilot program under this
section, the Secretary shall take steps including the following:
(1) Seek to enter into an agreement with an entity that--
(A) provides car sharing services; and
(B) is capable of serving the selected military
installations.
(2) Provide to members assigned to such military installations
the resources the Secretary determines necessary to participate in
such pilot program.
(3) Promote such pilot program to such members as the Secretary
determines.
(d) Duration.--A pilot program under this section shall terminate
two years after the Secretary commences such pilot program.
(e) Report.--Upon the termination of a pilot program under this
section, the Secretary of Defense shall submit to the congressional
defense committees a report containing the following information:
(1) The number of individuals who used car sharing services
offered pursuant to the pilot program.
(2) The cost to the United States of the pilot program.
(3) An analysis of the effect of the pilot program on mental
health and community connectedness of members described in
subsection (b)(2).
(4) Other information the Secretary determines appropriate.
(f) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given such term in section
2801 of title 10, United States Code.
SEC. 597. BRIEFING ON THE EFFECTS OF ECONOMIC INFLATION ON MEMBERS
OF THE ARMED FORCES.
The Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a briefing on the
extent to which economic inflation has affected members of the Armed
Forces.
SEC. 598. STUDY ON IMPROVEMENT OF ACCESS TO VOTING FOR MEMBERS OF
THE ARMED FORCES OVERSEAS.
(a) Study Required.--The Director of the Federal Voting Assistance
Program of the Department of Defense shall conduct a study on means of
improving access to voting for members of the Armed Forces overseas.
(b) Report.--Not later than September 30, 2024, the Director shall
submit to Congress a report on the results of the study conducted under
subsection (a). The report shall include the following:
(1) The results of a survey, undertaken for purposes of the
study, of Voting Assistance Officers and members of the Armed
Forces overseas on means of improving access to voting for such
members, including through the establishment of unit-level
assistance mechanisms or permanent voting assistance offices.
(2) An estimate of the costs and requirements in connection
with an expansion of the number of Voting Assistance Officers in
order to fully meet the needs of members of the Armed Forces
overseas for access to voting.
(3) A description and assessment of various actions to be
undertaken under the Federal Voting Assistance Program in order to
increase the capabilities of the Voting Assistance Officer program.
SEC. 599. REPORT ON INCIDENCE OF MILITARY SUICIDES BY MILITARY JOB
CODE.
(a) Report.--Not later than December 31, 2023, the Secretary of
Defense, in coordination with the Secretary of Homeland Security with
regards to the Coast Guard, shall conduct a review and submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the rates of suicides in the Armed Forces, beginning after
September 11, 2001, disaggregated by--
(1) year;
(2) military job code (Army military occupational specialty,
Navy enlisted classification or billet, Marine Corps military
occupational specialty, Air Force specialty code, or Coast Guard
rating); and
(3) whether the member was serving on active duty, in the
National Guard, or as a Reserve.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A compilation of suicide data by military job code to
determine which military career fields have a higher per capita
suicide rate compared to--
(A) other military career fields for the same period;
(B) the overall suicide rate for each Armed Force for the
same period;
(C) the overall suicide rate for the Department of Defense
for the same period; and
(D) the national suicide rate for the same period.
(2) A disaggregation of suicide data by age categories
consistent with the age categories used in the Department of
Defense Annual Suicide Report.
(c) Interim Briefing.--Not later than June 1, 2023, the Secretary
of Defense shall provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing on the preliminary
findings of the review conducted under this section.
SEC. 599A. REPORT ON EFFORTS TO PREVENT AND RESPOND TO DEATHS BY
SUICIDE IN THE NAVY.
(a) Review Required.--The Inspector General of the Department of
Defense shall conduct a review of the efforts by the Secretary of the
Navy to--
(1) prevent incidents of deaths by suicide, suicide attempts,
and suicidal ideation among covered members; and
(2) respond to such incidents.
(b) Elements of Review.--The study conducted under subsection (a)
shall include an assessment of each of the following:
(1) The extent of data collected regarding incidents of deaths
by suicide, suicide attempts, and suicidal ideation among covered
members, including data regarding whether such covered members are
assigned to sea duty or shore duty at the time of such incidents.
(2) The means used by commanders to prevent and respond to
incidents of deaths by suicide, suicide attempts, and suicidal
ideation among covered members.
(3) Challenges related to--
(A) the prevention of incidents of deaths by suicide,
suicide attempts, and suicidal ideation among members of the
Navy assigned to sea duty; and
(B) the development of a response to such incidents.
(4) The capacity of teams providing mental health services to
covered members to respond to incidents of suicidal ideation or
suicide attempts among covered members in the respective unit each
such team serves.
(5) The means used by such teams to respond to such incidents,
including the extent to which post-incident programs are available
to covered members.
(6) Such other matters as the Inspector General considers
appropriate in connection with the prevention of deaths by suicide,
suicide attempts, and suicidal ideation among covered members.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report that includes a summary of the
results of the review conducted under subsection (a).
(d) Covered Member Defined.--In this section the term ``covered
member'' means a member of the Navy assigned to sea duty or shore duty.
SEC. 599B. REPORT ON OFFICER PERSONNEL MANAGEMENT AND THE DEVELOPMENT
OF THE PROFESSIONAL MILITARY ETHIC OF THE SPACE FORCE.
(a) Report Required.--Not later than June 1, 2023, the Secretary of
the Air Force shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on officer personnel
management and the development of the professional military ethic of
the Space Force.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of issues related to officer development in
the Space Force, including--
(A) the professional military education model for
professional education of, and continual learning for, officers
of the Space Force;
(B) the career development model for officers of the Space
Force, including key knowledge, skills, and attributes expected
of Space Force officers at each of the company grade, field
grade, and general officer levels;
(C) desired career trajectories for Space Force officers,
including key assignments throughout identified Space Force
career tracks and how the flexibility of the Space Force
Component proposal will be used to achieve these desired career
paths;
(D) how proposed constructive credit for civilian education
and non-military experience in related space industry or
government sectors will align with the proposed PME and career
development models; and
(E) how the Space Force Component proposal will enable
officers to achieve joint qualifications required for promotion
to general officer.
(2) A description of issues related to officer accessions of
the Space Force, including--
(A) the expected sources of commissioning for officers of
the Space Force, including the desired proportions of officer
assessments from the Reserve Officer Training Corps, military
service academies, Officer Training School, and direct
commissions at each grade above O-1;
(B) the role of proposed constructive credit for civilian
education and non-military experience in accessing officers at
each grade above O-1 and the extent to which the Space Force
plans to grant constructive credit in determining an officer's
entry grade at each grade above O-1; and
(C) the role of targeted recruiting, as described in the
Guardian Ideal, for officer accessions, including how it will
work, how frequently it will be used, for what positions, and
how it will fit into overall officer accessions.
(3) A description of issues related to the professional
military ethic of the Space Force, including--
(A) how the proposed talent management system, career
development model, PME model, and proposed Space Force
Component structure will affect the development of a unique
military culture of the Space Force as an Armed Force with
space as a warfighting domain;
(B) the role of the professional military ethic in the
Space Force, including expectations of commissioned officers as
public servants and military leaders;
(C) the expected role of civilian employees of the Space
Force in the development and stewardship of the Space Force as
an Armed Force, and how such employees are distinct from
members of the Space Force;
(D) the ethical implications of creating a force that is
designed to ``partner effectively with other space-interested
entities,'' as described in the Guardian Ideal, and how the
Space Force intends to address any ethical conflicts arising
from its desired close partnership with non-military and non-
governmental entities in private industry; and
(E) the specific barriers between officers, enlisted
members, and civilian employees that are described as
``unnecessary'' in the Guardian Ideal, how and why such
barriers are unnecessary for the Space Force, and any statutory
or policy changes the Space Force proposes to remove such
barriers, including any proposed changes to the Uniform Code of
Military Justice.
(4) Any other issues related to personnel management and
professional development of officers of the Space Force that the
Secretary of the Air Force determines appropriate.
(c) Definitions.--In this section:
(1) The term ``Guardian Ideal'' means the document with that
title, dated September 17, 2021, and issued by the Chief of Space
Operations.
(2) The term ``PME'' means professional military education.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay
authorities.
Sec. 603. Cold weather duty: authorization of assignment or special duty
pay; travel allowance for members of the Armed Forces assigned
to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of
eligibility for basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance
for housing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing
for members of the Armed Forces whose sole dependent dies
while residing with the member.
Sec. 614. Basic allowance for housing for members without dependents
when home port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits
for certain members assigned to the Defense Intelligence
Agency.
Sec. 616. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to
certain congressional committees.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex
overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed
services for spousal business costs arising from a permanent
change of station.
Sec. 623. Extension of authority to reimburse members for spouse
relicensing costs pursuant to a permanent change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs
to relocate a pet that arise from a permanent change of
station.
Sec. 625. Travel and transportation allowances for certain members of
the Armed Forces who attend a professional military education
institution or training classes.
Sec. 626. Conforming amendments to update references to travel and
transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a permanent change of
station or assignment.
Subtitle D--Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed Forces
to accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E--Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection;
training; report.
Subtitle F--Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang
Uyghur Autonomous Region in commissaries and exchanges.
Subtitle G--Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces:
study; report.
Subtitle A--Bonus and Incentive Pays
SEC. 601. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL
PAY AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g) of
title 37, United States Code, relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service, is amended by striking ``December
31, 2022'' and inserting ``December 31, 2023''.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2022'' and inserting ``December 31, 2023'':
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education loans
for certain health professionals who serve in the Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code, is amended by striking ``December 31,
2022'' and inserting ``December 31, 2023''.
(d) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2022''
and inserting ``December 31, 2023'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive pay
and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive pay
authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers' Training
Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special duty
pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to high
priority units.
(e) Authority to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b) of title 37, United States Code,
is amended--
(1) in paragraph (7)(E), by striking ``December 31, 2022'' and
inserting ``December 31, 2023''; and
(2) in paragraph (8)(C), by striking ``September 30, 2022'' and
inserting ``December 31, 2023''.
SEC. 602. INCREASE TO MAXIMUM AMOUNTS OF CERTAIN BONUS AND SPECIAL
PAY AUTHORITIES.
(a) General Bonus Authority for Enlisted Members.--Section
331(c)(1) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``$50,000'' and inserting
``$75,000''; and
(2) in subparagraph (B), by striking ``$30,000'' and inserting
``$50,000''.
(b) Special Bonus and Incentive Pay Authorities for Nuclear
Officers.--Section 333(d)(1)(A) of title 37, United States Code, is
amended by striking ``$50,000'' and inserting ``$75,000''.
(c) Special Aviation Incentive Pay and Bonus Authorities for
Officers.--Section 334(c)(1) of title 37, United States Code, is
amended--
(1) in subparagraph (A), by striking ``$1,000'' and inserting
``$1,500''; and
(2) in subparagraph (B), by striking ``$35,000'' and inserting
``$50,000''.
(d) Skill Incentive Pay or Proficiency Bonus.--Section 353(c)(1)(A)
of title 37, United States Code, is amended by striking ``$1,000'' and
inserting ``$1,750''.
SEC. 603. COLD WEATHER DUTY: AUTHORIZATION OF ASSIGNMENT OR SPECIAL
DUTY PAY; TRAVEL ALLOWANCE FOR MEMBERS OF THE ARMED FORCES
ASSIGNED TO ALASKA.
(a) Pay.--Section 352(a)(2) of title 37, United States Code, is
amended by inserting ``(including a cold weather location)'' after
``location''.
(b) Travel Allowance.--
(1) Establishment.--During the period specified in paragraph
(5), the Secretary of a military department shall reimburse an
eligible member of the armed forces for the cost of airfare for
that member to travel to the home of record of the member.
(2) Eligible members.--A member of the armed forces is eligible
for a reimbursement under paragraph (1) if--
(A) the member is assigned to a duty location in Alaska;
and
(B) an officer in a grade above O-5 in the chain of command
of the member authorizes the travel of the member.
(3) Treatment of time as leave.--The time during which an
eligible member is absent from duty for travel reimbursable under
paragraph (1) shall be treated as leave for purposes of section 704
of title 10, United States Code.
(4) Briefing required.--Not later than February 1, 2024, the
Secretary shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on--
(A) the use and effectiveness of reimbursements under
paragraph (1);
(B) the calculation and use of the cost of living allowance
for a member assigned to a duty location in Alaska; and
(C) the use of special pays and other allowances as
incentives for cold weather proficiency or duty location.
(5) Period specified.--The period specified in this paragraph
is the period--
(A) beginning on the date of the enactment of this Act; and
(B) ending on December 31, 2023.
SEC. 604. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION PROGRAM.
(a) Program Requirement.--The Secretary shall establish and carry
out within the Department of the Air Force a demonstration program to
assess and improve retention on active duty in the Air Force of rated
officers described in subsection (b).
(b) Rated Officers Described.--Rated officers described in this
subsection are rated officers serving on active duty in the Air Force,
excluding rated officers with a reserve appointment in the Air National
Guard or Air Force Reserve--
(1) whose continued service on active duty would be in the best
interest of the Department of the Air Force, as determined by the
Secretary; and
(2) who have not more than three years and not less than one
year remaining on an active duty service obligation under section
653 of title 10, United States Code.
(c) Written Agreement.--
(1) In general.--Under the demonstration program required under
subsection (a), the Secretary shall offer retention incentives
under subsection (d) to a rated officer described in subsection (b)
who executes a written agreement to remain on active duty in a
regular component of the Air Force for not less than four years
after the completion of the active duty service obligation of the
officer under section 653 of title 10, United States Code.
(2) Exception.--If the Secretary of the Air Force determines
that an assignment previously guaranteed under subsection (d)(1) to
a rated officer described in subsection (b) cannot be fulfilled,
the agreement of the officer under paragraph (1) to remain on
active duty shall expire not later than one year after that
determination.
(d) Retention Incentives.--
(1) Guarantee of future assignment location.--Under the
demonstration program required under subsection (a), the Secretary
may offer to a rated officer described in subsection (b) a
guarantee of future assignment locations based on the preference of
the officer.
(2) Aviation bonus.--Under the demonstration program required
under subsection (a), notwithstanding section 334(c) of title 37,
United States Code, the Secretary may pay to a rated officer
described in subsection (b) an aviation bonus not to exceed an
average annual amount of $50,000 (subject to paragraph (3)(B)).
(3) Combination of incentives.--The Secretary may offer to a
rated officer described in subsection (b) a combination of
incentives under paragraphs (1) and (2).
(e) Annual Briefing.--Not later than December 31, 2023, and
annually thereafter until the termination of the demonstration program
required under subsection (a), the Secretary shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing describing the use of such demonstration
program and its effects on the retention on active duty in the Air
Force of rated officers described in subsection (b).
(f) Definitions.--In this section:
(1) Rated officer.--The term ``rated officer'' means an officer
specified in section 9253 of title 10, United States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Air Force.
(g) Termination.--This section shall terminate on December 31,
2028.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
SEC. 611. INCREASES IN MAXIMUM ALLOWABLE INCOME FOR PURPOSES OF
ELIGIBILITY FOR BASIC NEEDS ALLOWANCE.
(a) In General.--Section 402b(b) of title 37, United States Code,
is amended--
(1) by striking ``130 percent'' both places it appears and
inserting ``150 percent''; and
(2) in paragraph (2)--
(A) by inserting ``(A)'' before ``the gross'';
(B) by striking ``; and'' and inserting ``; or''; and
(C) by inserting at the end the following:
``(B) if the Secretary concerned determines it appropriate
(based on location, household need, or special circumstance), the
gross household income of the member during the most recent
calendar year did not exceed an amount equal to 200 percent of the
Federal poverty guidelines of the Department of Health and Human
Services for the location of the member and the number of
individuals in the household of the member for such year; and''.
(b) Implementation.--Not later than January 1, 2024, the Secretary
concerned (as defined in section 101 of title 37, United States Code)
shall modify the calculation of the basic needs allowance under section
402b of title 37, United States Code, to implement the amendments made
by subsection (a).
SEC. 612. EXTENSION OF AUTHORITY TO TEMPORARILY ADJUST BASIC
ALLOWANCE FOR HOUSING IN CERTAIN AREAS.
Section 403(b)(8)(C) of title 37, United States Code, is amended by
striking ``2022'' and inserting ``2024''.
SEC. 613. TEMPORARY CONTINUATION OF RATE OF BASIC ALLOWANCE FOR
HOUSING FOR MEMBERS OF THE ARMED FORCES WHOSE SOLE DEPENDENT DIES
WHILE RESIDING WITH THE MEMBER.
(a) Authority.--Section 403 of title 37, United States Code, as
amended by section 612, is further amended--
(1) by redesignating subsections (m) through (p) as subsections
(n) through (q); and
(2) by inserting after subsection (l) the following new
subsection (m):
``(m) Temporary Continuation of Rate of Basic Allowance for Members
of the Armed Forces Whose Sole Dependent Dies While Residing With the
Member.--(1) Notwithstanding subsection (a)(2) or any other section of
law, the Secretary of Defense or the Secretary of the Department in
which the Coast Guard is operating, may, after the death of the sole
dependent of a member of the armed forces, continue to pay a basic
allowance for housing to such member at the rate paid to such member on
the date of such death if--
``(A) such sole dependent dies--
``(i) while the member is on active duty; and
``(ii) while residing with the member, unless separated by
the necessity of military service or to receive institutional
care as a result of disability or incapacitation or under such
other circumstances as the Secretary concerned may by
regulation prescribe; and
``(B) the member is not occupying a housing facility under the
jurisdiction of the Secretary concerned on the date of the death of
the sole dependent.
``(2) The continuation of the rate of an allowance under this
subsection shall terminate upon the earlier of the following to occur:
``(A) The day that is one year after the date of the death of
the sole dependent.
``(B) The permanent change of station, or permanent change of
assignment with movement of personal property and household goods
under section 453(c) of this title, of the member.''.
(b) Conforming Amendment.--Section 2881a(c) of title 10, United
States Code, is amended by striking ``section 403(n)'' and inserting
``section 403(o)''.
SEC. 614. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS WITHOUT
DEPENDENTS WHEN HOME PORT CHANGE WOULD FINANCIALLY DISADVANTAGE
MEMBER.
Subsection (p) of section 403 of title 37, United States Code, as
redesignated by section 612, is further amended in subsection (p)--
(1) in the subsection heading, by striking ``Low-cost and No-
cost'' and inserting ``Certain'';
(2) by inserting ``(1)'' before ``In the case of a member who
is assigned''; and
(3) by adding at the end the following new paragraph:
``(2)(A) In the case of a member without dependents who is assigned
to a unit that undergoes a change of home port or a change of permanent
duty station, if the Secretary concerned determines that it would be
inequitable to base the member's entitlement to, and amount of, a basic
allowance for housing on the new home port or permanent duty station,
the Secretary concerned may--
``(i) waive the requirement to base the member's entitlement
to, and amount of, a basic allowance for housing on the new home
port or permanent duty station member; and
``(ii) treat that member for the purposes of this section as if
the unit to which the member is assigned did not undergo such a
change.
``(B) The Secretary concerned may grant a waiver under subparagraph
(A) to not more than 100 members in a calendar year.
``(C) Not later than March 1 of each calendar year, the Secretary
concerned shall provide a briefing to the Committees on Armed Services
of the Senate and the House of Representatives on the use of the
authority provided by subparagraph (A) during the preceding calendar
year that includes--
``(i) the number of members granted a waiver under subparagraph
(A) during that year; and
``(ii) for each such waiver, an identification of--
``(I) the grade of the member;
``(II) the home port or permanent duty station of the unit
to which the member is assigned before the change described in
subparagraph (A); and
``(III) the new home port or permanent duty station of that
unit.
``(D) This paragraph shall cease to be effective on December 31,
2027.''.
SEC. 615. REVIVAL AND REDESIGNATION OF PROVISION ESTABLISHING
BENEFITS FOR CERTAIN MEMBERS ASSIGNED TO THE DEFENSE INTELLIGENCE
AGENCY.
(a) Revivial.--Section 491 of title 37, United States Code--
(1) is revived to read as it did immediately before its repeal
under section 604 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81); and
(2) is redesignated as section 431 of such title.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by inserting, after the item
relating to section 427, the following new item:
``431. Benefits for certain members assigned to the Defense Intelligence
Agency.''.
SEC. 616. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO
TRANSFER TO THE SPACE FORCE.
Subsection (d)(1) of section 606 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 3672; 37 U.S.C. 416 note) is amended by striking
``September 30, 2022'' and inserting ``September 30, 2023''.
SEC. 617. OCONUS COST OF LIVING ALLOWANCE: ADJUSTMENTS; NOTICE TO
CERTAIN CONGRESSIONAL COMMITTEES.
(a) Adjustments.--
(1) Reductions: limitation.--The Secretary of Defense and the
Secretary of the Department in which the Coast Guard is operating
may reduce the cost-of-living allowance for a member of the Armed
Forces assigned to a duty station located outside the United
States--
(A) not more than once every six months; or
(B) in connection with a permanent change of station for
such member.
(2) Increases.--The Secretary of Defense and the Secretary of
the Department in which the Coast Guard is operating may increase
the allowance described in paragraph (1) for a member of the Armed
Forces at any time.
(b) Notice.--The Secretary of Defense shall notify the Committees
on Armed Services of the Senate and House of Representatives not less
than 180 days before modifying a table used to calculate the living
allowance described in subsection (a).
(c) Briefing.--Not later than March 1, 2023, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a briefing containing--
(1) the determination of the Secretary regarding the effects of
this section on the allowance described in subsection (a);
(2) an assessment of the representative market basket of goods
and services used to determine such allowance, including the
methodology to identify such market basket and the frequency with
which such allowance is adjusted; and
(3) the methodology and process by which surveys regarding such
allowance are updated, including the average response rates and the
efforts undertaken to ensure a representative sample of
beneficiaries are surveyed.
Subtitle C--Travel and Transportation Allowances
SEC. 621. ALLOWABLE TRAVEL AND TRANSPORTATION ALLOWANCES: COMPLEX
OVERHAUL.
Section 452 of title 37, United States Code, is amended, in
subsection (b)--
(1) by redesignating the second paragraph (18) as paragraph
(21); and
(2) by adding at the end the following new paragraphs:
``(22) Permanent change of assignment to or from a naval vessel
undergoing nuclear refueling or defueling and any concurrent
complex overhaul, even if such assignment is within the same area
as the current assignment of the member.
``(23) Current assignment to a naval vessel entering or exiting
nuclear refueling or defueling and any concurrent complex
overhaul.''.
SEC. 622. EXPANSION OF AUTHORITY TO REIMBURSE A MEMBER OF THE
UNIFORMED SERVICES FOR SPOUSAL BUSINESS COSTS ARISING FROM A
PERMANENT CHANGE OF STATION.
(a) In General.--Section 453 of title 37, United States Code, is
amended, in subsection (g)--
(1) in the heading, by inserting ``or Business Costs'' after
``Relicensing Costs'';
(2) in paragraph (1), by inserting ``or qualified business
costs'' after ``qualified relicensing costs'';
(3) in paragraph (2)--
(A) by inserting ``(A)'' before ``Reimbursement'';
(B) by inserting ``for qualified relicensing costs'' after
``subsection'';
(C) by striking ``$1000'' and inserting ``$1,000''; and
(D) by adding at the end the following new subparagraph:
``(B) Reimbursement provided to a member under this subsection for
qualified business costs may not exceed $1,000 in connection with each
reassignment described in paragraph (1).'';
(4) in paragraph (3), by inserting ``or qualified business
costs'' after ``qualified relicensing costs'';
(5) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by inserting
``business license, permit,'' after ``courses,'';
(B) in subparagraph (A)--
(i) by inserting ``, or owned a business,'' before
``during'';
(ii) by inserting ``professional'' before ``license'';
and
(iii) by inserting ``, or business license or permit,''
after ``certification''; and
(C) in subparagraph (B)--
(i) by inserting ``professional'' before ``license'';
and
(ii) by inserting ``, or business license or permit,''
after ``certification''; and
(6) by adding at the end the following new paragraph:
``(5) In this subsection, the term `qualified business costs' means
costs, including moving services for equipment, equipment removal, new
equipment purchases, information technology expenses, and inspection
fees, incurred by the spouse of a member if--
``(A) the spouse owned a business during the member's previous
duty assignment and the costs result from a movement described in
paragraph (1)(B) in connection with the member's change in duty
location pursuant to reassignment described in paragraph (1)(A);
and
``(B) the costs were incurred or paid to move such business to
a new location in connection with such reassignment.''.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, each Secretary of a military department shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a briefing regarding implementation of the amendments
made by subsection (a), including--
(1) the number of times such Secretary used the authority under
such amendments; and
(2) the costs to the Federal Government arising from such
usage.
SEC. 623. EXTENSION OF AUTHORITY TO REIMBURSE MEMBERS FOR SPOUSE
RELICENSING COSTS PURSUANT TO A PERMANENT CHANGE OF STATION.
Section 453 of title 37, United States Code, as amended by section
622, is further amended, in subsection (g)(3), by striking ``December
31, 2024'' and inserting ``December 31, 2029''.
SEC. 624. REIMBURSEMENT OF A MEMBER OF THE UNIFORMED SERVICES FOR
COSTS TO RELOCATE A PET THAT ARISE FROM A PERMANENT CHANGE OF
STATION.
Section 453 of title 37, United States Code, as amended by sections
622, and 623, is further amended by adding at the end the following new
subsection:
``(h) Reimbursement for Transportation of Pets Arising From Certain
Permanent Changes of Stations.--(1) The Secretary concerned may
reimburse a member for any cost related to the relocation of a pet that
arises from a permanent change of station of such member within the
continental United States. Such reimbursement may not exceed $550 for
each such permanent change of station.
``(2) The Secretary concerned may reimburse a member for any cost
related to the relocation of a pet that arises from a permanent change
of station of such member to or from a duty station located outside the
continental United States. Such reimbursement may not exceed $4,000 for
each such permanent change of station.''.
SEC. 625. TRAVEL AND TRANSPORTATION ALLOWANCES FOR CERTAIN MEMBERS
OF THE ARMED FORCES WHO ATTEND A PROFESSIONAL MILITARY EDUCATION
INSTITUTION OR TRAINING CLASSES.
Section 453 of title 37, United States Code, as amended by sections
622, 623, and 624, is further amended by adding at the end the
following new subsection:
``(i) Attendance at Professional Military Education Institution or
Training Classes.--
``(1) The Secretary of the military department concerned may
authorize temporary duty status, and travel and transportation
allowances payable to a member in such status, for a member under
the jurisdiction of such Secretary who is reassigned--
``(A) between duty stations located within the United
States;
``(B) for a period of not more than one year;
``(C) for the purpose of participating in professional
military education or training classes,
``(D) with orders to return to the duty station where the
member maintains primary residence and the dependents of such
member reside.
``(2) If the Secretary of the military department concerned
assigns permanent duty status to a member described in paragraph
(1), such member shall be eligible for travel and transportation
allowances including the following:
``(A) Transportation, including mileage at the same rate
paid for a permanent change of station.
``(B) Per diem while traveling between the permanent duty
station and professional military education institution or
training site.
``(C) Per diem paid in the same manner and amount as
temporary lodging expenses.
``(D) Per diem equal to the amount of the basic allowance
for housing under section 403 of this title paid to a member--
``(i) in the grade of such member;
``(ii) without dependents;
``(iii) who resides in the military housing area in
which the professional military education institution or
training site is located.
``(E) Movement of household goods in an amount determined
under applicable regulations.''.
SEC. 626. CONFORMING AMENDMENTS TO UPDATE REFERENCES TO TRAVEL AND
TRANSPORTATION AUTHORITIES.
(a) Balanced Budget and Emergency Deficit Control Act of 1985.--
Section 256(g)(2)(B)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 906(g)(2)(B)(ii)) is amended by striking
``sections 403a and 475'' and inserting ``sections 403b and 405''.
(b) Title 5.--Title 5, United States Code, is amended--
(1) in section 4109(a)(2)--
(A) in subparagraph (A), by striking ``sections 474 and
475'' and inserting ``sections 405 and 452''; and
(B) in subparagraph (B), by striking ``sections 476 and
479'' and inserting ``sections 452 and 453(c)'';
(2) in section 5725(c)(2)(B), by striking ``section
476(b)(1)(H)(iii)'' and inserting ``subsections (c) and (d) of
section 453''; and
(3) in section 5760--
(A) in subsection (c), by striking ``section 481h(b)'' and
inserting ``section 451(a)''; and
(B) in subsection (d)--
(i) in paragraph (2), by striking ``section 474(d)''
and inserting ``section 464''; and
(ii) in paragraph (3), by striking ``section
481h(d)(1)'' and inserting ``section 452(d)''.
(c) Title 10.--Title 10, United States Code, is amended--
(1) in section 710--
(A) in subsection (f)(4)(A), in the matter preceding clause
(i), by striking ``section 474'' and inserting ``section 452'';
and
(B) in subsection (h)(4), by striking ``section 481f'' and
inserting ``section 453(f)'';
(2) in section 1174a(b)(2)(B), by striking ``sections 474 and
476'' and inserting ``sections 452 and 453(c)'';
(3) in section 1175(j), by striking ``sections 474 and 476''
and inserting ``sections 452 and 453(c)'';
(4) in section 1175a(e)(2)(B), by striking ``sections 474 and
476'' and inserting ``sections 452 and 453(c)'';
(5) in section 1491(d)(3), by striking ``section 495(a)(2)''
and inserting ``section 435(a)(2)'';
(6) in section 2013(b)(2)--
(A) in subparagraph (A), by striking ``sections 474 and
475'' and inserting ``sections 405 and 452''; and
(B) in subparagraph (B), by striking ``sections 476 and
479'' and inserting ``sections 452 and 453(c)'';
(7) in section 2493(a)(4)(B)(ii), by striking ``section
481f(d)'' and inserting ``section 453(f)'';
(8) in section 2613(g), by striking ``section 481h(b)'' and
inserting ``section 451(a)''; and
(9) in section 12503--
(A) in subsection (a), in the second sentence, by striking
``sections 206 and 495'' and inserting ``sections 206 and
435'';
(B) in subsection (b)(2)(A), by striking ``section 495''
and inserting ``section 435''; and
(C) in subsection (c), by striking ``chapter 7'' and
inserting ``section 452''.
(d) Title 14.--Section 2764 of title 14, United States Code, is
amended, in the first and third sentences, by striking ``subsection (b)
of section 476'' and inserting ``section 453(c)''.
(e) Title 32.--Section 115 of title 32, United States Code, is
amended--
(1) in subsection (a), in the third sentence, by striking
``sections 206 and 495'' and inserting ``sections 206 and 435'';
(2) in subsection (b)(2)(A), by striking ``section 495'' and
inserting ``section 435''; and
(3) in subsection (c), by striking ``chapter 7'' and inserting
``section 452''.
(f) National Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002.--Section 236(f)(4)(A) of the National
Oceanic and Atmospheric Administration Commissioned Officer Corps Act
of 2002 (33 U.S.C. 3036(f)(4)(A)) is amended, in the matter preceding
clause (i), by striking ``section 474'' and inserting ``section 452''.
(g) Title 36.--Section 2101(b)(2) of title 36, United States Code,
is amended by striking ``section 475'' and inserting ``section 405''.
(h) Title 37.--Title 37, United States Code, is amended--
(1) in section 403--
(A) in subsection (d)(2)(A), by striking ``section 476''
and inserting ``section 452''; and
(B) in subsection (g)--
(i) in paragraph (2), in the second sentence, by
striking ``section 474'' and inserting ``section 452''; and
(ii) in paragraph (3), by striking ``section 476'' and
inserting ``section 453(c)'';
(2) in section 420(b), by striking ``sections 474-481'' and
inserting ``section 452'';
(3) in section 422(a), by striking ``section 480'' and
inserting ``section 452'';
(4) in section 427--
(A) in subsection (a)(1)(A), by striking ``section 476''
and inserting ``section 452''; and
(B) in subsection (c)(1), by striking ``section 476'' and
inserting ``section 452'';
(5) in section 433(b), by striking ``section 474(d)(2)(A)'' and
inserting ``section 452'';
(6) in section 451(a)(2)(H)--
(A) in clause (i), by striking ``section 481f'' and
inserting ``section 453(f)'';
(B) in clause (ii), by striking ``section 481h'' and
inserting ``section 452(b)(12)'';
(C) in clause (iii), by striking ``section 481j'' and
inserting ``section 452(b)(13)'';
(D) in clause (iv), by striking ``section 481k'' and
inserting ``section 452(b)(14)''; and
(E) in clause (v), by striking ``section 481l'' and
inserting ``section 452(b)(15)'';
(7) in section 1002(b)(1), by striking ``section 474(a)-(d),
and (f),'' and inserting ``section 452'';
(8) in section 1003, by striking ``sections 402-403b, 474-477,
479-481, and 414'' and inserting ``sections 402 through 403b, 405,
414, 452, and 453''; and
(9) in section 1006(g)--
(A) by striking ``section 477'' and inserting ``section
452(c)(2)''; and
(B) by striking ``section 475a(a)'' and inserting ``section
452(b)(11)''.
(i) Child Nutrition Act of 1966.--Section 17(d)(2)(B)(ii) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)(ii)) is amended by
striking ``section 475'' and inserting ``section 405''.
SEC. 627. PILOT PROGRAM TO REIMBURSE MEMBERS OF THE ARMED FORCES
FOR CERTAIN CHILD CARE COSTS INCIDENT TO A PERMANENT CHANGE OF
STATION OR ASSIGNMENT.
(a) Establishment.--The Secretary of Defense shall carry out a
pilot program to reimburse members of the Armed Forces for certain
child care costs incident to a permanent change of station or
assignment.
(b) Travel and Transportation Allowances.--Under the pilot program,
the Secretary of Defense shall treat a designated child care provider
as an authorized traveler if child care is not available to a member of
the Armed Forces at a military child development center at the
permanent duty location of such member not later than 30 days after the
member arrives at such location.
(c) Reimbursement of Certain Child Care Costs.--
(1) Authority.--Under the pilot program, the Secretary of
Defense may reimburse a member of the Armed Forces for travel
expenses for a designated child care provider when--
(A) the member is reassigned, either as a permanent change
of station or permanent change of assignment, to a new duty
station;
(B) the movement of the member's dependents is authorized
at the expense of the United States under section 451 of title
37, United States Code, as part of the reassignment;
(C) child care is not available at a military child
development center at such duty station not later than 30 days
after the member arrives at such duty station; and
(D) the dependent child is on the wait list for child care
at such military child development center.
(2) Maximum amounts.--Reimbursement provided to a member under
this subsection may not exceed--
(A) $500 for a reassignment between duty stations within
the continental United States; and
(B) $1,500 for a reassignment involving a duty station
outside of the continental United States.
(3) Deadline.--A member may not apply for reimbursement under
this subsection later than one year after a reassignment described
in paragraph (1).
(4) Concurrent receipt prohibited.--In the event a household
contains more than one member eligible for reimbursement under this
subsection, reimbursement may be paid to one member among such
members as such members shall jointly elect.
(d) Report.--Not later than January 1, 2027, the Secretary shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the pilot program, including the
recommendation of the Secretary whether to make the pilot program
permanent.
(e) Termination.--The pilot program shall terminate on September
30, 2028.
(f) Definitions.--In this section:
(1) The term ``authorized traveler'' has the meaning given such
term in section 451 of title 37, United States Code.
(2) The term ``designated child care provider'' means an adult
selected by a member of the armed forces to provide child care to a
dependent child of such member.
(3) The term ``military child development center'' has the
meaning given such term in section 1800 of title 10, United States
Code.
Subtitle D--Leave
SEC. 631. TECHNICAL AMENDMENTS TO LEAVE ENTITLEMENT AND
ACCUMULATION.
(a) Repeal of Obsolete Authority.--Section 701 of title 10, United
States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (m) as subsections
(d) through (l).
(b) Conforming Amendments to Section 701 of Title 10.--Section 701
of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``subsections (d), (f), and
(g)'' and inserting ``subsections (e) and (f)'';
(2) in subsection (f), as redesignated by subsection (a)(2), in
the first sentence, by striking ``subsections (b), (d), and (f)''
and inserting ``subsections (b) and (e)''; and
(3) in subsection (i), as so redesignated, in the first
sentence, by striking ``subsections (b), (d), and (f)'' and
inserting ``subsections (b) and (e)''.
(c) Conforming Amendments to Other Provisions of Law.--
(1) Title 14.--Section 2508(a) of title 14, United States Code,
is amended by striking ``section 701(f)(2)'' and inserting
``section 701(e)''.
(2) Title 37.--Title 37, United States Code, is amended--
(A) in section 501--
(i) in subsection (b)(6), by striking ``120 days of
leave under section 701(f)(1)'' and inserting ``90 days of
leave under section 701(e)''; and
(ii) in subsection (h), by striking ``section 701(g)''
and inserting ``section 701(f)''; and
(B) in section 502(b), by striking ``section 701(h)'' and
inserting ``section 701(g)''.
(d) Effective Date.--The amendments made by this section take
effect on January 1, 2023.
SEC. 632. MODIFICATION OF AUTHORITY TO ALLOW MEMBERS OF THE ARMED
FORCES TO ACCUMULATE LEAVE IN EXCESS OF 60 DAYS.
(a) In General.--Section 701 of title 10, United States Code, as
amended by section 631, is further amended by striking subsection (e)
and inserting the following:
``(e)(1) The Secretary concerned, under uniform regulations to be
prescribed by the Secretary of Defense, may authorize a member
described in paragraph (2) to retain not more than 30 days of excess
leave.
``(2) A member described in this paragraph is a member who--
``(A)(i) serves on active duty for a continuous period of at
least 120 days for which the member is entitled to special pay
under section 310(a) of title 37; or
``(ii) is assigned to a deployable ship or mobile unit or to
other duty designated for the purposes of this section;
``(B) except for this subsection, would lose any excess leave
at the end of the fiscal year; and
``(C) receives, from the first officer in a grade above O-6 in
the chain of command of such member, written authorization to
retain such excess leave.
``(3) Excess leave retained by a member under this subsection shall
be forfeited unless used before the end of the second fiscal year after
the end of the fiscal year in which the service or assignment described
in paragraph (2)(A) terminated.
``(4) In this subsection, the term `excess leave' means leave
accrued by a member in excess of the number of days of leave authorized
to be accumulated under subsection (b).''.
(b) Transition Rule.--Leave in excess of 90 days, accumulated by a
member of the Armed Forces under section 701 of such title before the
effective date under subsection (c), is forfeited unless--
(1) used by the member on or before September 30, 2026; or
(2) the retention of such leave is otherwise authorized by law.
(c) Effective Date.--The amendment made by subsection (a) takes
effect on January 1, 2023.
SEC. 633. CONVALESCENT LEAVE FOR A MEMBER OF THE ARMED FORCES.
(a) In General.--Section 701 of title 10, United States Code, as
amended by sections 631 and 632, is further amended by adding at the
end the following new subsection:
``(m)(1) Except as provided by subsection (h)(3), and under
regulations prescribed by the Secretary of Defense, a member of the
armed forces diagnosed with a medical condition is allowed convalescent
leave if--
``(A) the medical or behavioral health provider of the member--
``(i) determines that the member is not yet fit for duty as
a result of that condition; and
``(ii) recommends such leave for the member to provide for
the convalescence of the member from that condition; and
``(B) the commanding officer of the member or the commander of
the military medical treatment facility authorizes such leave for
the member.
``(2) A member may take not more than 30 days of convalescent leave
under paragraph (1) with respect to a condition described in that
paragraph unless--
``(A) such leave in excess of 30 days is authorized by--
``(i) the Secretary concerned; or
``(ii) an individual at the level designated by the
Secretary concerned, but not below the grade of O-5 or the
civilian equivalent; or
``(B) the member is authorized to receive convalescent leave
under subsection (h)(3) in conjunction with the birth of a child.
``(3)(A) Convalescent leave may be authorized under paragraph (1)
only for a medical condition of a member and may not be authorized for
a member in connection with a condition of a dependent or other family
member of the member.
``(B) In authorizing convalescent leave for a member under
paragraph (1) with respect to a condition described in that paragraph,
the commanding officer of the member or the commander of the military
medical treatment facility, as the case may be, shall--
``(i) limit the duration of such leave to the minimum necessary
in relation to the diagnosis, prognosis, and probable final
disposition of the condition of the member; and
``(ii) authorize leave tailored to the specific medical needs
of the member rather than (except for convalescent leave provided
for under subsection (h)(3)) authorizing leave based on a
predetermined formula.
``(4) A member taking convalescent leave under paragraph (1) shall
not have the member's leave account reduced as a result of taking such
leave.
``(5) In this subsection, the term `military medical treatment
facility' means a facility described in subsection (b), (c), or (d) of
section 1073d of this title.''.
(b) Treatment of Convalescent Leave for Birth of Child.--Paragraph
(4) of subsection (h) of such section, as redesignated by section 632,
is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively;
(2) by inserting ``(A)'' after ``(4)''; and
(3) by adding at the end the following new subparagraph:
``(B) Convalescent leave may be authorized under subparagraph (A)
only for a medical condition of a member and may not be authorized for
a member in connection with a condition of a dependent or other family
member of the member.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2023.
Subtitle E--Family and Survivor Benefits
SEC. 641. CLAIMS RELATING TO THE RETURN OF PERSONAL EFFECTS OF A
DECEASED MEMBER OF THE ARMED FORCES.
Section 1482(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(11)(A) Delivery of personal effects of a decedent to the
next of kin or other appropriate person.
``(B) If the Secretary concerned enters into an agreement with
an entity to carry out subparagraph (A), the Secretary concerned
may, at the request of the person described in such subparagraph,
pursue a claim against such entity that arises from the failure of
such entity to substantially perform such subparagraph.
``(C) If an entity described in subparagraph (B) fails to
substantially perform subparagraph (A) by damaging, losing, or
destroying the personal effects of a decedent, the Secretary
concerned shall reimburse the person designated under subsection
(c) the greater of $1,000 or the fair market value of such damage,
loss, or destruction. The Secretary concerned may request, from the
person designated under subsection (c), proof of fair market value
and ownership of the personal effects.''.
SEC. 642. EXTENSION OF PARENT FEE DISCOUNT TO CHILD CARE EMPLOYEES.
Section 1793 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Child Care Employee Discount.--The Secretary of Defense may,
to support recruitment and retention initiatives, charge a child care
employee, whose child attends a military child development center, a
reduced fee for such attendance.''.
SEC. 643. SURVIVOR BENEFIT PLAN OPEN SEASON.
(a) Elections by Persons Not Currently Participating in Survivor
Benefit Plan.--
(1) Election of sbp coverage.--An eligible retired or former
member may elect to participate in the Survivor Benefit Plan during
the open season described in subsection (e).
(2) Eligible retired or former members.--For purposes of
paragraph (1), an eligible retired or former member is a member or
former member of the uniformed services who, on or before the day
before the first day of the open season described in subsection
(e)--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter 1223 of
title 10, United States Code (or chapter 67 of such title as in
effect before October 5, 1994), but for the fact that such
member or former member is under 60 years of age.
(3) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election under
paragraph (1) by reason of eligibility under paragraph (2)(A)
shall be treated for all purposes as providing a standard
annuity under the Survivor Benefit Plan.
(B) Reserve-component annuity.--A person making an election
under paragraph (1) by reason of eligibility under paragraph
(2)(B) shall be treated for all purposes as providing a
reserve-component annuity under the Survivor Benefit Plan.
(4) Premiums for open season.--
(A) Premiums to be charged.--The Secretary of Defense shall
prescribe in regulations premiums that a person who makes an
election under paragraph (1) shall be required to pay for
participating in the Survivor Benefit Plan pursuant to the
election.
(B) Amount of premiums.--The total amount of the premiums
to be paid by a person under the regulations prescribed under
subparagraph (A) shall be equal to the sum of--
(i) the total amount by which the retired pay of the
person would have been reduced before the effective date of
the election under subsection (d) if the person had elected
to participate in the Survivor Benefit Plan (for the same
base amount specified in the election) at the first
opportunity that was afforded the person to participate
under chapter 73 of title 10, United States Code;
(ii) interest on the amount by which the retired pay of
the person would have been so reduced, computed from the
date on which the retired pay would have been so reduced at
such rate or rates and according to such methodology as the
Secretary determines reasonable; and
(iii) any additional amount that the Secretary
determines necessary to protect the actuarial soundness of
the Department of Defense Military Retirement Fund against
any increased risk for the fund that is associated with the
election.
(C) Premiums to be credited to retirement fund.--Premiums
paid under the regulations prescribed under subparagraph (A)
shall be credited to the Department of Defense Military
Retirement Fund.
(b) Elections by Persons Currently Participating in Survivor
Benefit Plan.--
(1) Election of to discontinue sbp participation.--A person
participating in the Survivor Benefit Plan on the day before the
first day of the open season described in subsection (e) may elect
to discontinue such participation during the open season.
(2) Consent of beneficiaries.--
(A) In general.--Except as provided in subparagraph (B), a
person described in paragraph (1) may not make an election
under that paragraph without the concurrence of--
(i) each designated beneficiary of such person under
the Survivor Benefit Plan; and
(ii) the spouse of such person, if such person is
married.
(B) Exception when beneficiary unavailable.--A person may
make an election under paragraph (1) without a concurrence
required under subparagraph (2) if the person establishes to
the satisfaction of the Secretary concerned--
(i) that the whereabouts of the spouse or beneficiary,
as the case may be, cannot be determined; or
(ii) that, due to exceptional circumstances, requiring
the person to seek the consent of the spouse or
beneficiary, as the case may be, would otherwise be
inappropriate.
(3) Treatment of premiums.--
(A) Discontinuation of reductions in pay.--As of the
effective date under subsection (d) of an election by a person
under paragraph (1), the Secretary concerned shall discontinue
the reduction being made in the retired pay of the person
arising from participation in the Survivor Benefit Plan or, in
the case of a person who has been required to make deposits in
the Treasury on account of participation in the Survivor
Benefit Plan, that person may discontinue making such deposits
effective on such effective date.
(B) Treatment of previous reductions.--A person who makes
an election under paragraph (1) is not entitled to a refund of
any reduction or deposit described in subparagraph (A) made
before such effective date.
(c) Manner of Making Elections.--
(1) In general.--An election under subsection (a) or (b) shall
be made in writing, signed by the person making the election, and
received by the Secretary concerned before the end of the open
season described in subsection (e).
(2) Conditions.--Except as provided in paragraph (3), an
election under subsection (a) shall be made subject to the same
conditions, and with the same opportunities for designation of
beneficiaries and specification of base amount, that apply under
the Survivor Benefit Plan.
(3) Election must be voluntary.--An election under subsection
(a) or (b) is not effective unless the person making the election
declares the election to be voluntary. An election under subsection
(a) or (b) to participate or not to participate in the Survivor
Benefit Plan may not be required by any court. An election by a
person under subsection (a) to participate in the Survivor Benefit
Plan is not subject to the concurrence of a spouse or former spouse
of the person.
(4) Designation with respect to reserve-component annuity.--A
person making an election under subsection (a) to provide a
reserve-component annuity shall make a designation described in
section 1448(e) of title 10, United States Code.
(d) Effective Date for Elections.--An election under subsection (a)
or (b) shall be effective on the first day of the first calendar month
following the month in which the election is received by the Secretary
concerned.
(e) Open Season Described.--The open season described in this
subsection is the period beginning on the date of the enactment of this
Act and ending on January 1, 2024.
(f) Applicability of Certain Provisions of Law.--The provisions of
sections 1449, 1453, and 1454 of title 10, United States Code, are
applicable to a person making an election, and to an election, under
subsection (a) or (b) in the same manner as if the election were made
under the Survivor Benefit Plan.
(g) Definitions.--In this section:
(1) The terms ``base amount'', ``reserve-component annuity'',
and ``standard annuity'' have the meanings given those terms in
section 1447 of title 10, United States Code.
(2) The term ``Department of Defense Military Retirement Fund''
means the fund established under section 1461(a) of title 10,
United States Code.
(3) The term ``retired pay'' includes retainer pay.
(4) The terms ``Secretary concerned'' and ``uniformed
services'' have the meanings given those terms in section 101 of
title 37, United States Code.
(5) The term ``Survivor Benefit Plan'' means the program
established under subchapter II of chapter 73 of title 10, United
States Code.
SEC. 644. MILITARY INSTALLATIONS WITH LIMITED CHILD CARE: BRIEFING.
(a) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a briefing regarding child care at
military installations of the covered Armed Forces--
(1) that are not served by a military child development center;
or
(2) where the military child development center has few
available spots.
(b) Elements.--The briefing under subsection (a) shall include the
following elements:
(1) With regards to each military installation described in
such subsection:
(A) The current and maximum possible enrollment at the
military child development center (if one exists).
(B) Plans of the Secretary to expand an existing, or
construct a new, military child development center.
(C) The resulting capacity of each military child
development center described in subparagraph (B).
(D) The median cost of services at accredited child care
facilities located near such military installation compared to
the amount of assistance provided by the Secretary of the
military department concerned to members for child care
services.
(2) Any policy recommendations of the Secretary of Defense--
(A) to address the rising cost of child care near military
installations; and
(B) regarding the rates of child care fee assistance
provided to members of the covered Armed Forces.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(2) The term ``military child development center'' has the
meaning given such term in section 1800 of title 10, United States
Code.
SEC. 645. FOOD INSECURITY AMONG MILITARY FAMILIES: DATA COLLECTION;
TRAINING; REPORT.
(a) Data Collection.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Personnel and
Readiness, in coordination with the Under Secretary for Food,
Nutrition, and Consumer Services of the Department of Agriculture,
shall--
(1) develop a survey, in collaboration with the Department of
Agriculture, to determine how many members of the Armed Forces
serving on active duty, and dependents of such members, are food
insecure;
(2) issue the survey to such members and dependents;
(3) collect data related to the number of such members and
dependents who--
(A) are eligible for the basic needs allowance under
section 402b of title 37, United States Code;
(B) receive such basic needs allowance; and
(C) are surveyed on the use, by such members and
dependents, of Federal nutrition assistance programs,
including--
(i) the supplemental nutrition assistance program under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
(ii) the special supplemental nutrition program for
women, infants, and children under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786); and
(iii) the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
and the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773);
(4) develop and carry out a plan to train and designate an
individual who will assist members at military installations on how
and where to refer such members and their dependents for
participation in Federal nutrition assistance programs described in
paragraph (3)(C); and
(5) coordinate efforts of the Department of Defense to address
food insecurity and nutrition.
(b) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for the four subsequent
years, the Under Secretary of Defense for Personnel & Readiness shall
submit to the congressional defense committees, the Committees on
Agriculture and Education and Labor of the House of Representatives,
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate, a report including the following:
(1) The number of members of the Armed Forces serving on active
duty and their dependents who are food insecure.
(2) The number of such members and their dependents who use the
Federal nutrition assistance programs described in subsection
(a)(3).
(3) The number of such members and their dependents described
in subsection (a)(3).
(4) The status of implementation of the plan under subsection
(a)(5).
Subtitle F--Defense Resale Matters
SEC. 651. PROHIBITION OF THE SALE OF CERTAIN GOODS FROM THE
XINJIANG UYGHUR AUTONOMOUS REGION IN COMMISSARIES AND EXCHANGES.
(a) Prohibition.--Subchapter III of chapter 147 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2496. Sale of certain goods from the Xinjiang Uyghur Autonomous
Region prohibited
``(a) Prohibition.--The Secretary of Defense may not knowingly
permit the sale, at a commissary store or military exchange, of any
good, ware, article, or merchandise--
``(1) containing any product mined, produced, or manufactured,
wholly or in part, by forced labor from the XUAR; or
``(2) from an entity that has used labor from within or
transferred from XUAR as part of a `poverty alleviation' or
`pairing assistance' program.
``(b) Definitions.--In this section:
``(1) The term `forced labor' means any work or service that is
exacted from any person under the menace of any penalty for
nonperformance and that the worker does not offer to perform.
``(2) The term `XUAR' means the Xinjiang Uyghur Autonomous
Region of the People's Republic of China.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2496. Sale of certain goods from the Xinjiang Uyghur Autonomous Region
prohibited.''.
Subtitle G--Miscellaneous Studies, Briefings and Reports
SEC. 661. STUDY ON BASIC PAY.
(a) In General.--The Secretary of Defense shall seek to enter into
an agreement with a nonprofit entity or a federally funded research and
development center to conduct research and analysis on the value of
basic pay for members of the Armed Forces. The Secretary may include
such research and analysis in the next quadrennial review of military
compensation.
(b) Elements.--The research and analysis conducted under subsection
(a) shall include the following:
(1) An assessment of the model used to determine the basic pay
in the current basic pay tables, including--
(A) an analysis of whether to update the current model to
meet the needs of the 2023 employment market;
(B) a historical understanding of when the current model
was established and how frequently it has been during the last
10 years;
(C) an understanding of the assumptions on which the model
is based and how such assumptions are validated;
(D) an analysis of time-in-grade requirements and how they
may affect retention and promotion; and
(E) an assessment of how recruiting and retention
information is used to adjust the model.
(2) An assessment of whether to modify current basic pay tables
to consider higher rates of pay for specialties the Secretary
determines are in critical need of personnel.
(3) An analysis of--
(A) how basic pay has compared with civilian pay since the
70th percentile benchmark for basic pay was established; and
(B) whether to change the 70th percentile benchmark.
(4) An assessment of whether--
(A) to adjust the annual increase in basic pay, currently
guided by changes in the Employment Cost Index as a measure of
the growth in private-sector employment costs; or
(B) to use a different index, such as the Defense
Employment Cost Index.
(5) Legislative and policy recommendations regarding basic pay
table based on analyses and assessments under paragraphs (1)
through (4).
(c) Briefings and Progress Report.--
(1) Interim briefing.--Not later than April 1, 2023, the
Secretary shall provide to the appropriate congressional committees
an interim briefing on the elements described in subsection (b).
(2) Progress report.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a progress report on the study
under this section.
(3) Final briefing.--Not later than two years after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a final briefing on the study
under this section.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
SEC. 662. REPORT ON ACCURACY OF BASIC ALLOWANCE FOR HOUSING.
(a) Report; Elements.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of the department in which the Coast Guard is
operating, shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on BAH. Such report shall
contain the following elements:
(1) The evaluation of the Secretary--
(A) of the efficiency and accuracy of the current system
used to calculate BAH;
(B) the appropriateness of using mean and median housing
costs in such calculation;
(C) of existing MHAs, in relation to choices in, and
availability of, housing to servicemembers;
(D) of the suitability of the six standard housing profiles
in relation to the average family sizes of servicemembers,
disaggregated by uniformed service, rank, and MHA;
(E) of the flexibility of BAH to respond to changes in real
estate markets; and
(F) of residential real estate processes to determine
rental rates.
(2) The recommendation of the Secretary--
(A) regarding the feasibility of including information,
furnished by Federal entities, regarding school districts, in
calculating BAH;
(B) whether to calculate BAH more frequently, including in
response to a sudden change in the housing market;
(C) whether to enter into an agreement with a covered
entity, to compile data and develop an enterprise grade,
objective, data-driven algorithm to calculate BAH;
(D) whether to publish the methods used by the Secretary to
calculate BAH on a publicly accessible website of the
Department of Defense; and
(E) whether BAH calculations appropriately account for
increased housing costs associated with Coast Guard facilities.
(b) Definitions.--In this section:
(1) The term ``BAH'' means the basic allowance for housing for
members of the uniformed services under section 403 of title 37,
United States Code.
(2) The term ``covered entity'' means a nationally recognized
entity in the field of commercial real estate that has data on
local rental rates in real estate markets across the United States.
(3) The term ``MHA'' means military housing area.
(4) The term ``servicemember'' has the meaning given such term
in section 101 of the Servicemembers Civil Relief Act (50 U.S.C.
3911).
SEC. 663. REVIEW OF DISLOCATION AND RELOCATION ALLOWANCES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report--
(1) reviewing the adequacy of the amounts of dislocation and
relocation allowances paid under section 452 of title 37, United
States Code, to members of the covered Armed Forces, in connection
with changes in such members' temporary or permanent duty
assignment locations, taking into consideration the rising costs of
moving, challenges in the housing market, and other expenses
incurred by such members;
(2) assessing the effects of delays in the issuance of orders
relating to changes to temporary or permanent duty assignment
locations on the timing of dislocation and relocation allowances
paid to members of the covered Armed Forces;
(3) assessing the feasibility and advisability of paying
dislocation or relocation allowances to members of the covered
Armed Forces who are permanently assigned from one unit to another
with no change of permanent duty station when the units are within
the same metropolitan area; and
(4) making recommendations with respect to the matters
described in paragraphs (1), (2), and (3).
(b) Covered Armed Forces Defined.--In this section, the term
``covered Armed Forces'' means the Army, Navy, Marine Corps, Air Force,
and Space Force.
SEC. 664. COMPLEX OVERHAUL PAY: BRIEFING.
(a) Briefing.--Not later than six months after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a briefing regarding the feasibility and advisability of establishing
complex overhaul pay.
(b) Complex Overhaul Pay Defined.--In this section, the term
``complex overhaul pay'' means a special monthly pay--
(1) established pursuant to regulations prescribed under
section 352 of title 37, United States Code;
(2) paid to a member of the Armed Forces assigned to a naval
vessel undergoing nuclear refueling or defueling, and any
concurrent complex overhaul;
(3) in addition to any other pay or allowance to which a member
is entitled; and
(4) in an amount equal to $200 per month.
SEC. 665. STUDIES ON COMPENSATION FOR DOD CHILD CARE PROVIDERS.
(a) In General.--
(1) Studies required.--The Secretary of Defense shall, for each
geographic area in which the Secretary of a military department
operates a military child development center, conduct a study--
(A) comparing the total compensation, including all pay and
benefits, of child care employees of each military child
development center in the geographic area to the total
compensation of similarly credentialed employees in such
geographic area; and
(B) estimating the difference in average pay and the
difference in average benefits between such child care
employees.
(2) Schedule.--The Secretary of Defense shall complete the
studies required under paragraph (1)--
(A) for the geographic areas containing the military
installations with the 25 longest wait lists for child care
services at military child development centers, not later than
one year after the date of the enactment of this Act; and
(B) for geographic areas other than geographic areas
described in subparagraph (A), not later than two years after
the date of the enactment of this Act.
(3) Reports.--
(A) Interim report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report summarizing the results of
the studies required under paragraph (1) that have been
completed as of the date of the submission of such report.
(B) Final report.--Not later than 120 days after the
completion of all the studies required under paragraph (1), the
Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report summarizing
the results of such studies.
(b) Definitions.--In this section:
(1) The term ``benefits'' includes--
(A) retirement benefits;
(B) any insurance premiums paid by an employer;
(C) education benefits, including tuition reimbursement and
student loan repayment; and
(D) any other compensation an employer provides to an
employee for service performed as an employee (other than pay),
as determined appropriate by the Secretary of Defense.
(2) The terms ``child care employee'' and ``military child
development center'' have the meanings given such terms in section
1800 of title 10, United States Code.
(3) The term ``pay'' includes the basic rate of pay of an
employee and any additional payments an employer pays to an
employee for service performed as an employee.
SEC. 666. BARRIERS TO HOME OWNERSHIP FOR MEMBERS OF THE ARMED
FORCES: STUDY; REPORT.
(a) Study.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into an
agreement with a federally funded research and development center or
non-profit entity to conduct a study on the unique barriers to home
ownership for members of the Armed Forces.
(b) Report.--At the conclusion of the study under subsection (a),
the Secretary shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the results of
such study.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following
required training or other duty to respond to a national
emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE
Prime during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services
for members of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in
TRICARE directory.
Sec. 706. Independent analysis of quality and patient safety review
process under direct care component of TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve and
dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and
oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental health parity laws.
Subtitle B--Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability
evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in
requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health
system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve
medical force readiness.
Sec. 715. Congressional notification requirement to modify scope of
services provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to
civilians for care provided at military medical treatment
facilities.
Sec. 717. Authority to carry out studies and demonstration projects
relating to delivery of health and medical care through use of
other transaction authority.
Sec. 718. Licensure requirement for certain health-care professionals
providing services as part of mission relating to emergency,
humanitarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid
management in the military health system.
Sec. 720. Modification of requirement to transfer research and
development and public health functions to Defense Health
Agency.
Sec. 721. Access to certain dependent medical records by remarried
former spouses.
Sec. 722. Authority for Department of Defense program to promote early
literacy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health
System Medical Logistics Directorate and Military Health
System Education and Training Directorate.
Subtitle C--Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military
medical manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation
authority for independent suicide prevention and response
review committee.
Sec. 734. Termination of veterans' advisory board on radiation dose
reconstruction.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States and
Ukraine for military trauma care and research.
Sec. 737. Improvements relating to behavioral health care available
under military health system.
Sec. 738. Certification program in provision of mental health services
to members of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed
Forces by individuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department
of Defense; congressional notification.
Sec. 741. Limitation on reduction of military medical manning end
strength: certification requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense
internship programs relating to civilian behavioral health
providers.
Sec. 743. Updates to prior feasibility studies on establishment of new
command on defense health.
Sec. 744. Capability assessment and action plan with respect to effects
of exposure to open burn pits and other environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military
department and related matters.
Sec. 747. Report on effects of low recruitment and retention on
operational tempo and physical and mental health of members of
the Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate
partner violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the
Armed Forces.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. IMPROVEMENTS TO TRICARE DENTAL PROGRAM.
(a) In General.--Section 1076a of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) by striking ``The plans'' and inserting the following:
``(1) In general.--The plans''; and
(B) by adding at the end the following new paragraph:
``(2) Premium sharing plans.--Effective as of January 1, 2026,
the regulations prescribed pursuant to paragraph (1) shall include,
with respect to premium sharing plans referred to in subsection
(d)(1), the following elements:
``(A) A third party administrator shall manage the
administrative features of such plans, including eligibility,
enrollment, plan change and premium payment processes,
submission of qualifying life events changes, and address
changes.
``(B) Such plans shall include the following three
enrollment options:
``(i) Self.
``(ii) Self plus one.
``(iii) Family.
``(C) In the United States, to the extent practicable,
individuals eligible to enroll in such a plan shall be offered
options to enroll in plans of not fewer than two and not more
than four dental insurance carriers.
``(D) To the extent practicable, each carrier described in
subparagraph (C)--
``(i) shall manage dental care delivery matters,
including claims adjudication (with required electronic
submission of claims), coordination of benefits, covered
services, enrollment verification, and provider networks;
``(ii) shall, in addition to offering a standard option
plan, offer a non-standard option plan;
``(iii) may offer a non-standard option plan managed as
a dental health maintenance organization plan;
``(iv) shall establish and operate dental provider
networks that provide--
``(I) accessible care with a prevention or wellness
focus;
``(II) continuity of care;
``(III) coordinated care (including appropriate
dental and medical referrals);
``(IV) patient-centered care (including effective
communications, individualized care, and shared
decision-making); and
``(V) high-quality, safe care;
``(v) shall develop and implement adult and pediatric
dental quality measures, including effective measurements
for--
``(I) access to care;
``(II) continuity of care;
``(III) cost;
``(IV) adverse patient events;
``(V) oral health outcomes; and
``(VI) patient experience; and
``(vi) may conduct in the provider networks established
and operated by the carrier under clause (iv), to the
extent practicable, pilot programs on the development of a
model of care based on the model of care commonly referred
to as patient-centered dental homes.'';
(2) in subsection (d)(1)--
(A) in subparagraph (B), by striking ``The member's'' and
inserting ``During the period preceding January 1, 2026, the
member's'';
(B) in subparagraph (C), by striking ``of each year,'' and
inserting ``of each year during the period preceding January 1,
2026,'';
(C) in subparagraph (D), by striking ``The Secretary of
Defense'' and inserting ``During the period preceding January
1, 2026, the Secretary of Defense''; and
(D) by adding at the end the following new subparagraphs:
``(E) Beginning on January 1, 2026, the amount of the premium
required under subparagraph (A)--
``(i) for standard option plans, shall be established by
the Secretary annually such that in the aggregate (taking into
account the adjustments under subparagraph (F) and subsection
(e)(3), the Secretary's share of each premium is 60 percent of
the premium for each enrollment category (self, self plus one,
and family, respectively) of each standard option plan; and
``(ii) for non-standard option plans, shall be equal to the
amount determined under clause (i) plus 100 percent of the
additional premium amount applicable to such non-standard
option plan.
``(F) Beginning on January 1, 2026, the Secretary of Defense
shall reduce the monthly premium required to be paid under
paragraph (1) in the case of enlisted members in pay grade E-1, E-
2, E-3, or E-4.'';
(3) in subsection (e), by adding at the end the following new
paragraph:
``(3) Beginning on January 1, 2026, the Secretary of Defense shall
reduce copayments required to be paid under paragraph (1) in the case
of enlisted members in pay grade E-1, E-2, E-3, or E-4.'';
(4) in subsection (j), by striking ``The Secretary of Defense
may not reduce benefits provided under a plan established under
this section until'' and inserting ``During the period preceding
January 1, 2026, the Secretary of Defense may not reduce benefits
provided under a plan established under this section, and on or
after January 1, 2026, the Secretary may not reduce benefits
provided under a standard option plan under this section, until'';
and
(5) by adding at the end the following new subsection:
``(l) Definitions.--In this section:
``(1) The term `non-standard option plan' means a high option
dental insurance plan that includes covered services in addition
to, or provides greater coverage with respect to, services covered
under a standard option plan.
``(2) The term `standard option plan' means a dental insurance
plan that provides for the coverage of preventive services, basic
restorative services, and specialty dental care services at a level
that is at least commensurate with the coverage of the same
services provided under the premium sharing plans under this
section during the period preceding January 1, 2026.''.
(b) Rulemaking.--Pursuant to the authority under section
1076a(b)(1) of title 10, United States Code, as amended by subsection
(a), the Secretary of Defense shall--
(1) not later than January 1, 2025, prescribe an interim final
rule to carry out the amendments made by subsection (a); and
(2) after prescribing the interim final rule under subparagraph
(A) and considering public comments with respect to such interim
final rule, prescribe a final rule, effective on January 1, 2026,
to carry out such amendments.
(c) Briefings.--Not later than January 1 of each of 2024, 2025, and
2026, the Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing on
the status of the implementation of the amendments made by subsection
(a).
SEC. 702. HEALTH BENEFITS FOR MEMBERS OF THE NATIONAL GUARD
FOLLOWING REQUIRED TRAINING OR OTHER DUTY TO RESPOND TO A
NATIONAL EMERGENCY.
(a) Transitional Health Care.--Subsection (a)(2) of section 1145 of
title 10, United States Code, is amended by adding at the end the
following new subparagraph:
``(G) A member of the National Guard who is separated from
full-time National Guard Duty to which called or ordered under
section 502(f) of title 32 for a period of active service of more
than 30 days to perform duties that are authorized by the President
or the Secretary of Defense for the purpose of responding to a
national emergency declared by Congress or the President and
supported by Federal funds.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``active duty'' and inserting ``active
service'';
(B) in paragraph (3), by striking ``paragraph (2)(B)'' and
inserting ``subparagraph (B) or (G) of paragraph (2)'';
(C) in paragraph (4)--
(i) by striking ``active duty'' each place it appears
and inserting ``active service''; and
(ii) in the second sentence, by striking ``or (D)'' and
inserting ``(D), or (G)'';
(D) in paragraph (5), in subparagraphs (A) and (B), by
striking ``active duty'' each place it appears and inserting
``active service''; and
(E) in paragraph (7)(A)--
(i) by striking ``service on active duty'' and
inserting ``active service''; and
(ii) by striking ``active duty for'' and inserting
``active service for'';
(2) in subsection (b)(1), by striking ``active duty'' and
inserting ``active service''; and
(3) in subsection (d)(1)(A), by striking ``active duty'' and
inserting ``active service''.
SEC. 703. IMPROVEMENT OF REFERRALS FOR SPECIALTY CARE UNDER TRICARE
PRIME DURING PERMANENT CHANGES OF STATION.
(a) In General.--Section 714 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
1095f note) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Improvement of Specialty Care Referrals During Permanent
Changes of Station.--In conducting evaluations and improvements under
subsection (d) to the referral process described in subsection (a), the
Secretary shall ensure beneficiaries enrolled in TRICARE Prime who are
undergoing a permanent change of station receive referrals from their
primary care manager to such specialty care providers in the new
location as the beneficiary may need before undergoing the permanent
change of station.''.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the contractual and technical barriers
preventing record sharing between civilian provider networks under the
TRICARE program that lead to increased wait times for care for members
of the Armed Forces and the dependents thereof undergoing permanent
changes of station across provider network regions.
SEC. 704. CONFIDENTIALITY REQUIREMENTS FOR MENTAL HEALTH CARE
SERVICES FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--In order to reinforce the policies of eliminating
stigma in obtaining mental health care services and further encouraging
help-seeking behavior by members of the Armed Forces, not later than
July 1, 2023, the Secretary of Defense shall--
(1) update and reissue Department of Defense Instruction
6490.08, titled ``Command Notification Requirements to Dispel
Stigma in Providing Mental Health Care to Service Members'' and
issued on August 17, 2011, taking into account--
(A) experience implementing the Instruction; and
(B) opportunities to more effectively dispel stigma in
obtaining mental health care services and encourage help-
seeking behavior; and
(2) develop standards within the Department of Defense that--
(A) ensure, except in a case in which there is an exigent
circumstance, the confidentiality of mental health care
services provided to members who voluntarily seek such
services;
(B) include a model for making determinations with respect
to exigent circumstances that clarifies the responsibilities
regarding the determination of the effect on military function
and the prevention of self-harm by the individual; and
(C) in a case in which there is an exigent circumstance,
prevent health care providers from disclosing more than the
minimum amount of information necessary to address the exigent
circumstance.
(b) Elements.--The standards required by subsection (a)(2) shall
include the following elements:
(1) Requirements for confidentiality regarding the request and
receipt by a member of the Armed Forces of mental health care
services under the self-initiated referral process under section
1090a(e) of title 10, United States Code.
(2) Requirements for confidentiality regarding the results of
any drug testing incident to such mental health care services.
(3) Procedures that reflect best practices of the mental health
profession with respect to suicide prevention.
(4) A prohibition against retaliating against a member of the
Armed Forces who requests mental health care services.
(5) Such other elements as the Secretary determines will most
effectively support the policies of--
(A) eliminating stigma in obtaining mental health care
services; and
(B) encouraging help-seeking behavior by members of the
Armed Forces.
(c) Joint Policy With the Secretary of Veterans Affairs.--
(1) In general.--Not later than July 1, 2023, the Secretary of
Defense and the Secretary of Veterans Affairs shall issue a joint
policy that provides, except in a case in which there is an exigent
circumstance, for the confidentiality of mental health care
services provided by the Secretary of Veterans Affairs to members
of the Armed Forces, including the reserve components, under
section 1712A, 1720F, 1720H, or 1789 of title 38, United States
Code, or other applicable law.
(2) Elements.--The joint policy issued under paragraph (1)
shall, to the extent practicable, include standards comparable to
the standards developed under subsection (a)(2).
(d) Report.--Not later than July 1, 2023, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a copy of the standards developed under
subsection (a)(2) and the joint policy issued under subsection (c).
(e) Exigent Circumstance Defined.--In this section, the term
``exigent circumstance'' means a circumstance in which the Secretary of
Defense determines the need to prevent serious harm to an individual or
essential military function clearly outweighs the need for
confidentiality of information obtained by a health care provider
incident to mental health care services voluntarily sought by a member
of the Armed Forces.
SEC. 705. AUDIT OF BEHAVIORAL HEALTH CARE NETWORK PROVIDERS LISTED
IN TRICARE DIRECTORY.
(a) Audit Required.--The Comptroller General of the United States
shall conduct an audit of the behavioral health care providers listed
in the TRICARE directory.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the findings of the audit under subsection (a). Such
report shall include the following:
(1) An identification of the following, disaggregated by
provider specialty and TRICARE provider network region:
(A) The number of such behavioral health care providers
with respect to which there are duplicate listings in the
TRICARE directory.
(B) The number of such behavioral health care providers
that, as of the commencement of the audit, were listed in the
TRICARE directory as available and accepting new TRICARE
patients.
(C) The number of such behavioral health care providers
that, as a result of the audit, the Comptroller General
determines are no longer available or accepting new TRICARE
patients.
(D) The number of such behavioral health care providers
that were not previously listed in the TRICARE directory as
available and accepting new TRICARE patients but that, as a
result of the audit, the Comptroller General determines are so
available and accepting.
(E) The number of behavioral health care providers listed
in the TRICARE directory that are no longer practicing.
(F) The number of behavioral health care providers that, in
conducting the audit, the Comptroller General could not reach
for purposes of verifying information relating to availability
or status.
(2) An identification of the number of TRICARE beneficiaries in
each TRICARE region, disaggregated by beneficiary category.
(3) A description of the methods by which the Secretary of
Defense measures the following:
(A) The accessibility and accuracy of the TRICARE
directory, with respect to behavioral health care providers
listed therein.
(B) The adequacy of behavioral health care providers under
the TRICARE program.
(4) A description of the efforts of the Secretary of Defense to
recruit and retain behavioral health care providers.
(5) Recommendations by the Comptroller General, based on the
findings of the audit, on how to improve the availability of
behavioral health care providers that are network providers under
the TRICARE program, including through the inclusion of specific
requirements in the next generation of TRICARE contracts.
(c) Definitions.--In this section:
(1) The term ``TRICARE directory'' means the directory of
network providers under the TRICARE program.
(2) The term ``TRICARE program'' has the meaning given such
term in section 1072 of title 10, United States Code.
SEC. 706. INDEPENDENT ANALYSIS OF QUALITY AND PATIENT SAFETY REVIEW
PROCESS UNDER DIRECT CARE COMPONENT OF TRICARE PROGRAM.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center for the federally funded research and development center to
carry out the activities described in subsections (b) and (c).
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later October 1, 2023.
(b) Analysis by FFRDC.--
(1) Analysis.--Under an agreement between the Secretary and a
federally funded research and development center entered into
pursuant to subsection (a), the federally funded research and
development center shall conduct an analysis of the quality and
patient safety review process for health care provided under the
direct care component of the TRICARE program and develop
recommendations for the Secretary based on such analysis.
(2) Elements.--The analysis conducted and recommendations
developed under paragraph (1) shall include, with respect to the
direct care component of the TRICARE program, an assessment of the
following:
(A) The procedures under such component regarding
credentialing and privileging for health care providers (and an
assessment of compliance with such procedures).
(B) The processes under such component for quality
assurance, standard of care, and incident review (and an
assessment of compliance with such processes).
(C) The accountability processes under such component for
health care providers who are found to have not met a required
standard of care.
(D) The transparency activities carried out under such
component, including an assessment of the publication of
clinical quality metrics (at the level of military medical
treatment facilities and other operational medical units of the
Department of Defense), and a comparison with similar metrics
for non-Department health care entities.
(E) The standardization activities carried under such
component, including activities aimed at eliminating
unwarranted variation in clinical quality metrics at the level
of military medical treatment facilities and other operational
medical units of the Department.
(F) The implementation under such component of the
requirements of section 744 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134
Stat. 3708; 10 U.S.C. 1071 note), including with respect to
health care delivery on ships and planes, in deployed settings,
and in all other circumstances outside of military medical
treatment facilities.
(G) The organizational roles and responsibilities of
military health system entities involved in clinical quality
management functions under such component, including the
Assistant Secretary of Defense for Health Affairs, the Director
of the Defense Health Agency, and the Surgeons General of the
Army, Navy, and Air Force, each of whom shall conduct and
submit to the federally funded research and development center
an internal assessment of the respective entity regarding each
element set forth under this paragraph.
(3) Information access and privacy.--
(A) Access to records.--Notwithstanding section 1102 of
title 10, United States Code, the Secretary shall provide the
federally funded research and development center with access to
such records of the Department of Defense as the Secretary may
determine necessary for purposes of the federally funded
research and development center conducting the analysis and
developing the recommendations under paragraph (1).
(B) Privacy of information.--In conducting the analysis and
developing the recommendations under paragraph (1), the
federally funded research and development center--
(i) shall maintain any personally identifiable
information in records accessed by the federally funded
research and development center pursuant to subparagraph
(A) in accordance with applicable laws, protections, and
best practices regarding the privacy of information; and
(ii) may not permit access to such information by any
individual or entity not engaged in conducting such
analysis or developing such recommendations.
(c) Briefing and Reports.--
(1) Interim briefing.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate an interim briefing on--
(A) the selection of a federally funded research and
development center with which the Secretary shall seek to enter
into an agreement with under subsection (a);
(B) any related guidance issued by the Secretary; and
(C) the methodology for conducting the study to be used by
such federally funded research and development center.
(2) Report to secretary.--Under an agreement entered into
between the Secretary and a federally funded research and
development center under subsection (a), the federally funded
research and development center, not later than one year after the
date of the execution of the agreement, shall submit to the
Secretary a report on the findings of the federally funded research
and development center with respect to the analysis conducted and
recommendations developed under subsection (b).
(3) Report to congress.--Not later than 120 days after the date
on which the Secretary receives the report of the federally funded
research and development center under paragraph (1), the Secretary
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate such report, along with an
assessment by the Secretary of the analysis, findings, and
recommendations contained therein and the plan of the Secretary for
strengthening clinical quality management in the military health
system.
(4) Publication.--The Secretary shall make the report under
paragraph (2) available on a public website in unclassified form.
(d) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given such term in section 1072 of title 10,
United States Code.
SEC. 707. STUDY ON PROVIDING BENEFITS UNDER TRICARE RESERVE SELECT
AND TRICARE DENTAL PROGRAM TO MEMBERS OF THE SELECTED RESERVE AND
DEPENDENTS THEREOF.
(a) Study.--The Secretary of Defense may conduct a study on the
feasibility, potential cost effects to the budget of the Department of
Defense, changes in out-of-pocket costs to beneficiaries, and effects
on other Federal programs of expanding eligibility for TRICARE Reserve
Select and the TRICARE dental program to include all members of the
Selected Reserve of the Ready Reserve of a reserve component of the
Armed Forces, the dependents thereof, and the non-dependent children
thereof under the age of 26.
(b) Specifications.--If the Secretary conducts the study under
subsection (a), the Secretary shall include in the study an assessment
of the following:
(1) Cost-shifting to the Department of Defense to support the
expansion of TRICARE Reserve Select and the TRICARE dental program
from--
(A) health benefit plans under chapter 89 of title 5,
United States Code;
(B) employer-sponsored health insurance;
(C) private health insurance;
(D) insurance under a State health care exchange; and
(E) the Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) New costs for the Department of Defense to enroll in
TRICARE Reserve Select and the TRICARE dental program members of
the Selected Reserve of the Ready Reserve of a reserve component of
the Armed Forces who were previously uninsured.
(3) The resources needed to implement TRICARE Reserve Select
and the TRICARE dental program for all such members, the dependents
thereof, and the non-dependent children thereof under the age of
26.
(4) Cost-savings, if any, resulting from the expansion of
TRICARE Reserve Select and the TRICARE dental program with regard
to increased training days performed in support of mass medical
events during battle assemblies of the reserve components,
including an assessment of the impact of such expansion on--
(A) medical readiness;
(B) overall deployability rates;
(C) deployability timelines;
(D) fallout rates at mobilization sites;
(E) cross-leveling of members of the reserve components to
backfill medical fallouts at mobilization sites; and
(F) any other readiness metrics affected by such expansion.
(5) Any effect of such expansion on recruitment and retention
of members of the Armed Forces, including members of the Ready
Reserve of the reserve components of the Armed Forces.
(6) Cost-savings, if any, in contracts that implement the
Reserve Health Readiness Program of the Department of Defense.
(c) Determination of Cost Effects.--If the Secretary conducts the
study under subsection (a), the Secretary shall include in such study
an assessment of the potential cost effects to the budget of the
Department of Defense for scenarios of expanded eligibility for TRICARE
Reserve Select and the TRICARE dental program as follows:
(1) Premium free for members of the Selected Reserve of the
Ready Reserve of a reserve component of the Armed Forces, the
dependents thereof, and the non-dependent children thereof under
the age of 26.
(2) Premium free for such members and subsidized premiums for
such dependents and non-dependent children.
(3) Subsidized premiums for such members, dependents, and non-
dependent children.
(d) Use of a Federally Funded Research and Development Center.--The
Secretary may enter into a contract with a federally funded research
and development center the Secretary determines is qualified and
appropriate to conduct the study under subsection (a).
(e) Briefing; Report.--
(1) Briefing.--If the Secretary conducts the study under
subsection (a), not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the methodology and approach of the
study.
(2) Report.--If the Secretary conducts the study under
subsection (a), not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the results of the study.
(f) Definitions.--In this section:
(1) The term ``TRICARE dental program'' means dental benefits
under section 1076a of title 10, United States Code.
(2) The term ``TRICARE Reserve Select'' means health benefits
under section 1076d of such title.
SEC. 708. GAO STUDY ON CERTAIN CONTRACTS RELATING TO TRICARE
PROGRAM AND OVERSIGHT OF SUCH CONTRACTS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on certain contracts relating to the TRICARE program
and the oversight provided by the Director of the Defense Health Agency
with respect to such contracts.
(b) Matters.--The study under subsection (a) shall include an
assessment of the following:
(1) TRICARE managed care support contracts.--With respect to
TRICARE managed care support contracts (including the TRICARE
managed care support contract for which the Director of the Defense
Health Agency published a request for proposals on April 15, 2021,
commonly referred to as ``T-5''), the process used in awarding such
contracts.
(2) Other contracts.--With respect to each contract relating to
the TRICARE program other than a contract specified in paragraph
(1) entered into by the Director of the Defense Health Agency
during the period beginning on October 1, 2017, and ending on
September 30, 2022, where the value of such contract is greater
than $500,000,000, the following:
(A) The total number of such contracts, disaggregated by
fiscal year, contract type, type of product or service
procured, and total expenditure under each such contract by
fiscal year.
(B) The total number of bid protests filed with respect to
such contracts, and the outcome of such protests.
(C) The total number of such contracts awarded through
means other than full and open competition.
(3) Defense health agency contract oversight.--With respect to
the period beginning on October 1, 2017, and ending on September
30, 2022, the following:
(A) The staff of the Defense Health Agency responsible for
performing oversight of the contracts specified in paragraphs
(1) and (2), including the following:
(i) The number of such staff.
(ii) Any professional training requirements for such
staff.
(iii) Any acquisition certifications or accreditations
held by such staff.
(B) Any office or other element of the Defense Health
Agency responsible for contract award, administration, or
oversight with respect to the TRICARE program, including the
organizational structure, responsibilities, authorities, and
key roles of each such office or element.
(C) The process used by the Director of the Defense Health
Agency for determining staffing needs and competencies relating
to contract award, administration, or oversight with respect to
the TRICARE program.
(c) Interim Briefing; Report.--
(1) Interim briefing.--Not later than one year after the date
of the enactment of this Act, the Comptroller General shall provide
to the Committees on Armed Services of the House of Representatives
and the Senate an interim briefing on the study under subsection
(a).
(2) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate a report containing the results of the study under
subsection (a).
SEC. 709. GAO STUDY ON COVERAGE OF MENTAL HEALTH SERVICES UNDER
TRICARE PROGRAM AND RELATIONSHIP TO CERTAIN MENTAL HEALTH PARITY
LAWS.
(a) Study and Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of the
United States shall--
(1) conduct a study to describe--
(A) coverage of mental health services under the TRICARE
program;
(B) any limits on such coverage that are not also imposed
on health services other than mental health services under the
TRICARE program; and
(C) the efforts of the Department of Defense to align
coverage of mental health services under the TRICARE program
with coverage requirements under mental health parity laws; and
(2) submit to the Secretary of Defense, the congressional
defense committees, and (with respect to any findings concerning
the Coast Guard when it is not operating as a service in the
Department of the Navy), the Secretary of Homeland Security, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the findings of
such study.
(b) Definitions.--In this section:
(1) The term ``mental health parity laws'' means--
(A) section 2726 of the Public Health Service Act (42
U.S.C. 300gg-26);
(B) section 712 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1185a);
(C) section 9812 of the Internal Revenue Code of 1986 (26
U.S.C. 9812); or
(D) any other Federal law that applies the requirements
under any of the sections described in subparagraph (A), (B),
or (C), or requirements that are substantially similar to those
provided under any such section, as determined by the
Comptroller General.
(2) The term ``TRICARE program'' has the meaning given such
term in section 1072 of title 10, United States Code.
Subtitle B--Health Care Administration
SEC. 711. ACCOUNTABILITY FOR WOUNDED WARRIORS UNDERGOING DISABILITY
EVALUATION.
(a) Policy.--Not later than April 1, 2023, the Secretary of
Defense, in consultation with the Secretaries concerned, shall
establish a policy to ensure accountability for actions taken under the
authorities of the Defense Health Agency and the Armed Forces,
respectively, concerning wounded, ill, and injured members of the Armed
Forces during the integrated disability evaluation system process. Such
policy shall include the following:
(1) A restatement of the requirement that, in accordance with
section 1216(b) of title 10, United States Code, a determination of
fitness for duty of a member of the Armed Forces under chapter 61
of title 10, United States Code, is the responsibility of the
Secretary concerned.
(2) A description of the role of the Director of the Defense
Health Agency in supporting the Secretaries concerned in carrying
out determinations of fitness for duty as specified in paragraph
(1).
(3) A description of how the medical evaluation board processes
of the Armed Forces are integrated with the Defense Health Agency,
including with respect to case management, appointments, and other
relevant matters.
(4) A requirement that, in determining fitness for duty of a
member of the Armed Forces under chapter 61 of title 10, United
States Code, the Secretary concerned shall consider the results of
any medical evaluation of the member provided under the authority
of the Defense Health Agency pursuant to section 1073c of title 10,
United States Code.
(5) A description of how the Director of the Defense Health
Agency adheres to the medical evaluation processes of the Armed
Forces, including an identification of each applicable regulation
or policy to which the Director is required to so adhere.
(6) An assessment of the feasibility of affording various
additional due process protections to members of the Armed Forces
undergoing the medical evaluation board process.
(7) A restatement of the requirement that wounded, ill, and
injured members of the Armed Forces may not be denied any due
process protection afforded under applicable law or regulation of
the Department of Defense or the Armed Forces.
(8) A description of the types of due process protections
specified in paragraph (7), including an identification of each
specific due process protection.
(b) Clarification of Responsibilities Regarding Medical Evaluation
Boards.--Section 1073c of title 10, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Rule of Construction Regarding Secretaries Concerned and
Medical Evaluation Boards.--Nothing in this section shall be construed
as transferring to the Director of the Defense Health Agency, or
otherwise revoking, any authority or responsibility of the Secretary
concerned under chapter 61 of this title with respect to a member of
the armed forces (including with respect to the administration of
morale and welfare and the determination of fitness for duty for the
member) while the member is being considered by a medical evaluation
board.''.
(c) Briefing.--Not later than February 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on the status of the
implementation of subsections (a) and (b).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the implementation of subsections (a) and (b),
lessons learned as a result of such implementation, and the
recommendations of the Secretary relating to the policy on wounded,
ill, and injured members of the Armed Forces undergoing the integrated
disability evaluation system process.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Code.
SEC. 712. INCLUSION OF LEVEL THREE TRAUMA CARE CAPABILITIES IN
REQUIREMENTS FOR MEDICAL CENTERS.
Section 1073d(b)(3) of title 10, United States Code, is amended by
striking ``or level two'' and inserting ``, level two, or level
three''.
SEC. 713. CENTERS OF EXCELLENCE FOR SPECIALTY CARE IN MILITARY
HEALTH SYSTEM.
(a) Centers of Excellence.--Section 1073d(b)(4) of title 10, United
States Code, is amended to read as follows:
``(4)(A) The Secretary shall designate certain major medical
centers as regional centers of excellence for the provision of
specialty care services in the areas of specialty care described in
subparagraph (D). A major medical center may be designated as a center
of excellence under this subparagraph for more than one such area of
specialty care.
``(B) The Secretary may designate certain medical centers as
satellite centers of excellence for the provision of specialty care
services for specific conditions, such as the following:
``(i) Post-traumatic stress.
``(ii) Traumatic brain injury.
``(iii) Such other conditions as the Secretary determines
appropriate.
``(C) Centers of excellence designated under this paragraph shall
serve the purposes of--
``(i) ensuring the military medical force readiness of the
Department of Defense and the medical readiness of the armed
forces;
``(ii) improving the quality of health care furnished by the
Secretary to eligible beneficiaries; and
``(iii) improving health outcomes for eligible beneficiaries.
``(D) The areas of specialty care described in this subparagraph
are as follows:
``(i) Oncology.
``(ii) Burn injuries and wound care.
``(iii) Rehabilitation medicine.
``(iv) Psychological health and traumatic brain injury.
``(v) Amputations and prosthetics.
``(vi) Neurosurgery.
``(vii) Orthopedic care.
``(viii) Substance abuse.
``(ix) Infectious diseases and preventive medicine.
``(x) Cardiothoracic surgery.
``(xi) Such other areas of specialty care as the Secretary
determines appropriate.
``(E)(i) Centers of excellence designated under this paragraph
shall be the primary source within the military health system for the
receipt by eligible beneficiaries of specialty care.
``(ii) Eligible beneficiaries seeking a specialty care service
through the military health system shall be referred to a center of
excellence designated under subparagraph (A) for that area of specialty
care or, if the specialty care service sought is unavailable at such
center, to an appropriate specialty care provider in the private
sector.
``(F) Not later than 90 days prior to the designation of a center
of excellence under this paragraph, the Secretary shall notify the
Committees on Armed Services of the House of Representatives and the
Senate of such designation.
``(G) In this paragraph, the term `eligible beneficiary' means any
beneficiary under this chapter.''.
(b) Deadline.--The Secretary of Defense shall designate certain
major medical centers as regional centers of excellence in accordance
with section 1073d(b)(4)(A) of title 10, United States Code, as added
by subsection (a), by not later than one year after the date of the
enactment of this Act.
(c) Report.--
(1) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate a report that sets forth the plan of the Department of
Defense to designate centers of excellence under section
1073d(b)(4) of title 10, United States Code, as added by subsection
(a).
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) A list of the centers of excellence to be designated
under such section 1073d(b)(4) and the locations of such
centers.
(B) A description of the specialty care services to be
provided at each such center and a staffing plan for each such
center.
(C) A description of how each such center shall improve--
(i) the military medical force readiness of the
Department and the medical readiness of the Armed Forces;
(ii) the quality of care received by eligible
beneficiaries; and
(iii) the health outcomes of eligible beneficiaries.
(D) A comprehensive plan for the referral of eligible
beneficiaries for specialty care services at centers of
excellence designated under such section 1073d(b)(4) and
appropriate specialty care providers in the private sector.
(E) A plan to assist eligible beneficiaries with travel and
lodging, if necessary, in connection with the receipt of
specialty care services at centers of excellence designated
under such section 1073d(b)(4) or appropriate specialty care
providers in the private sector.
(F) A plan to transfer specialty care providers of the
Department to centers of excellence designated under such
section 1073d(b)(4), in a number as determined by the Secretary
to be required to provide specialty care services to eligible
beneficiaries at such centers.
(G) A plan to monitor access to care, beneficiary
satisfaction, experience of care, and clinical outcomes to
understand better the impact of such centers on the health care
of eligible beneficiaries.
(d) Eligible Beneficiary Defined.--In this section, the term
``eligible beneficiary'' means any beneficiary under chapter 55 of
title 10, United States Code.
SEC. 714. MAINTENANCE OF CORE CASUALTY RECEIVING FACILITIES TO
IMPROVE MEDICAL FORCE READINESS.
(a) In General.--Section 1073d(b) of title 10, United States Code,
as amended by section 713, is further amended by adding at the end the
following new paragraph:
``(5)(A) The Secretary of Defense shall designate and maintain
certain military medical treatment facilities as core casualty
receiving facilities, to ensure the medical capability and capacity
required to diagnose, treat, and rehabilitate large volumes of combat
casualties and, as may be directed by the President or the Secretary,
provide a medical response to events the President determines or
declares as natural disasters, mass casualty events, or other national
emergencies.
``(B) The Secretary shall ensure that the military medical
treatment facilities selected for designation pursuant to subparagraph
(A) are geographically located to facilitate the aeromedical evacuation
of casualties from theaters of operations.
``(C) The Secretary--
``(i) shall ensure that the Secretaries of the military
departments assign military personnel to core casualty receiving
facilities designated under subparagraph (A) at not less than 90
percent of the staffing level required to maintain the operating
bed capacity necessary to support operation planning requirements;
``(ii) may augment the staffing of military personnel at core
casualty receiving facilities under subparagraph (A) with civilian
employees of the Department of Defense to fulfil the staffing
requirement under clause (i); and
``(iii) shall ensure that each core casualty receiving facility
under subparagraph (A) is staffed with a civilian Chief Financial
Officer and a civilian Chief Operating Officer with experience in
the management of civilian hospital systems, for the purpose of
ensuring continuity in the management of the facility.
``(D) In this paragraph:
``(i) The term `core casualty receiving facility' means a Role
4 medical treatment facility that serves as a medical hub for the
receipt and treatment of casualties, including civilian casualties,
that may result from combat or from an event the President
determines or declares as a natural disaster, mass casualty event,
or other national emergency.
``(ii) The term `Role 4 medical treatment facility' means a
medical treatment facility that provides the full range of
preventative, curative, acute, convalescent, restorative, and
rehabilitative care.''.
(b) Timeline for Establishment.--
(1) Designation.--Not later than October 1, 2024, the Secretary
of Defense shall designate four military medical treatment
facilities as core casualty receiving facilities under section
1073d(b)(5) of title 10, United States Code (as added by subsection
(a)).
(2) Operational.--Not later than October 1, 2025, the Secretary
shall ensure that each such designated military medical treatment
facility is fully staffed and operational as a core casualty
receiving facility, in accordance with the requirements of such
section 1073d(b)(5).
SEC. 715. CONGRESSIONAL NOTIFICATION REQUIREMENT TO MODIFY SCOPE OF
SERVICES PROVIDED AT MILITARY MEDICAL TREATMENT FACILITIES.
Section 1073d of title 10, United States Code, as amended by
section 714, is further amended by adding at the end the following new
subsection:
``(f) Notification Required to Modify Scope of Services Provided at
Military Medical Treatment Facilities.--(1) The Secretary of Defense
may not modify the scope of medical care provided at a military medical
treatment facility, or the beneficiary population served at the
facility, unless--
``(A) the Secretary submits to the Committees on Armed Services
of the House of Representatives and the Senate a notification of
the proposed modification in scope;
``(B) a period of 180 days has elapsed following the date on
which the Secretary submits such notification; and
``(C) if the proposed modification in scope involves the
termination or reduction of inpatient capabilities at a military
medical treatment facility located outside the United States, the
Secretary has provided to each member of the armed forces or
covered beneficiary receiving services at such facility a
transition plan for the continuity of health care for such member
or covered beneficiary.
``(2) Each notification under paragraph (1) shall contain
information demonstrating, with respect to the military medical
treatment facility for which the modification in scope has been
proposed, the extent to which the commander of the military
installation at which the facility is located has been consulted
regarding such modification, to ensure that the proposed modification
in scope would have no impact on the operational plan for such
installation.''.
SEC. 716. IMPROVEMENTS TO PROCESSES TO REDUCE FINANCIAL HARM CAUSED
TO CIVILIANS FOR CARE PROVIDED AT MILITARY MEDICAL TREATMENT
FACILITIES.
(a) Clarification of Fee Waiver Process.--Section 1079b of title
10, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Waiver of Fees.--The Director of the Defense Health Agency
may issue a waiver for a fee that would otherwise be charged under the
procedures implemented under subsection (a) to a civilian provided
medical care who is not a covered beneficiary if the provision of such
care enhances the knowledge, skills, and abilities of health care
providers, as determined by the Director of the Defense Health
Agency.''; and
(2) by redesignating subsection (c) as subsection (d).
(b) Modified Payment Plan for Certain Civilians.--Such section is
further amended--
(1) by inserting after subsection (b), as amended by subsection
(a), the following:
``(c) Modified Payment Plan for Certain Civilians.--(1)(A) If a
civilian specified in subsection (a) is covered by a covered payer at
the time care under this section is provided, the civilian shall only
be responsible to pay the standard copays, coinsurance, deductibles, or
nominal fees that are otherwise applicable under the covered payer
plan.
``(B) Except with respect to the copays, coinsurance, deductibles,
and nominal fees specified in subparagraph (A)--
``(i) the Secretary of Defense may bill only the covered payer
for care provided to a civilian described in subparagraph (A); and
``(ii) payment received by the Secretary from the covered payer
of a civilian for care provided under this section that is provided
to the civilian shall be considered payment in full for such care.
``(2) If a civilian specified in subsection (a) does not meet the
criteria under paragraph (1), is underinsured, or has a remaining
balance and is at risk of financial harm, the Director of the Defense
Health Agency shall reduce each fee that would otherwise be charged to
the civilian under this section according to a sliding fee discount
program, as prescribed by the Director of the Defense Health Agency.
``(3) If a civilian specified in subsection (a) does not meet the
criteria under paragraph (1) or (2), the Director of the Defense Health
Agency shall implement an additional catastrophic waiver to prevent
severe financial harm.
``(4) The modified payment plan under this subsection may not be
administered by a Federal agency other than the Department of
Defense.''; and
(2) by adding at the end the following new subsection:
``(e) Definitions.--In this section:
``(1) The term `covered payer' means a third-party payer or
other insurance, medical service, or health plan.
``(2) The terms `third-party payer' and `insurance, medical
service, or health plan' have the meaning given those terms in
section 1095(h) of this title.''.
(c) Applicability.--The amendments made by subsections (a) and (b)
shall apply with respect to care provided on or after the date that is
180 days after the date of the enactment of this Act.
SEC. 717. AUTHORITY TO CARRY OUT STUDIES AND DEMONSTRATION PROJECTS
RELATING TO DELIVERY OF HEALTH AND MEDICAL CARE THROUGH USE OF
OTHER TRANSACTION AUTHORITY.
(a) In General.--Section 1092(b) of title 10, United States Code,
is amended by inserting ``or transactions (other than contracts,
cooperative agreements, and grants)'' after ``contracts''.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on how the Secretary intends to use the
authority to enter into transactions under section 1092(b) of title 10,
United States Code, as amended by subsection (a).
SEC. 718. LICENSURE REQUIREMENT FOR CERTAIN HEALTH-CARE
PROFESSIONALS PROVIDING SERVICES AS PART OF MISSION RELATING TO
EMERGENCY, HUMANITARIAN, OR REFUGEE ASSISTANCE.
Section 1094(d)(2) of title 10, United States Code, is amended by
inserting `` contractor not covered under section 1091 of this title
who is providing medical treatment as part of a mission relating to
emergency, humanitarian, or refugee assistance,'' after ``section 1091
of this title,''.
SEC. 719. AUTHORIZATION OF PERMANENT PROGRAM TO IMPROVE OPIOID
MANAGEMENT IN THE MILITARY HEALTH SYSTEM.
Section 716 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1090 note), is
amended--
(1) in subsection (a)(1), by striking ``Beginning not'' and
inserting ``Except as provided in subsection (e), beginning not'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Alternative Initiative to Improve Opioid Management.--As an
alternative to the pilot program under this section, the Director of
the Defense Health Agency, not later than January 1, 2023--
``(1) may implement a permanent program to improve opioid
management for beneficiaries under the TRICARE program; and
``(2) if the Director decides to implement such a permanent
program, shall submit to the Committees on Armed Services of the
Senate and the House of Representatives the specifications of and
reasons for implementing such program.''.
SEC. 720. MODIFICATION OF REQUIREMENT TO TRANSFER RESEARCH AND
DEVELOPMENT AND PUBLIC HEALTH FUNCTIONS TO DEFENSE HEALTH AGENCY.
(a) Temporary Retention.--Notwithstanding section 1073c(e) of title
10, United States Code, at the discretion of the Secretary of Defense,
a military department may retain, until not later than February 1,
2024, a covered function if the Secretary of Defense determines the
covered function--
(1) addresses a need that is unique to the military department;
and
(2) is in direct support of operating forces and necessary to
execute strategies relating to national security and defense.
(b) Briefing.--
(1) In general.--Not later than March 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on any covered
function that the Secretary has determined should be retained by a
military department pursuant to subsection (a).
(2) Elements.--The briefing required by paragraph (1) shall
address the following:
(A) A description of each covered function that the
Secretary has determined should be retained by a military
department pursuant to subsection (a).
(B) The rationale for each such determination.
(C) Recommendations for amendments to section 1073c of
title 10, United States Code, to authorize the ongoing
retention of covered functions by military departments.
(c) Modification to Names of Public Health Commands.--Section
1073c(e)(2)(B) of title 10, United States Code, is amended by striking
``Army Public Health Command, the Navy-Marine Corps Public Health
Command'' and inserting ``Army Public Health Center, the Navy-Marine
Corps Public Health Center''.
(d) Covered Function Defined.--In this section, the term ``covered
function'' means--
(1) a function relating to research and development that would
otherwise be transferred to the Defense Health Agency Research and
Development pursuant to section 1073c(e)(1) of title 10, United
States Code; or
(2) a function relating to public health that would otherwise
be transferred to the Defense Health Agency Public Health pursuant
to section 1073c(e)(2) of such title.
SEC. 721. ACCESS TO CERTAIN DEPENDENT MEDICAL RECORDS BY REMARRIED
FORMER SPOUSES.
(a) Access.--The Secretary of Defense may authorize a remarried
former spouse who is a custodial parent of a dependent child to retain
electronic access to the privileged medical records of such dependent
child, notwithstanding that the former spouse is no longer a dependent
under section 1072(2) of title 10, United States Code.
(b) Definitions.--In this section:
(1) The term ``dependent'' has the meaning given that term in
section 1072 of title 10, United States Code.
(2) The term ``dependent child'' means a dependent child of a
remarried former spouse and a member or former member of a
uniformed service.
(3) The term ``remarried former spouse'' means a remarried
former spouse of a member or former member of a uniformed service.
SEC. 722. AUTHORITY FOR DEPARTMENT OF DEFENSE PROGRAM TO PROMOTE
EARLY LITERACY AMONG CERTAIN YOUNG CHILDREN.
(a) Authority.--The Secretary of Defense may carry out a program to
promote early literacy among young children in child development
centers and libraries located on installations of the Department of
Defense.
(b) Activities.--Activities under the program under subsection (a)
shall include the following:
(1) The provision of training on early literacy promotion to
appropriate personnel of the Department.
(2) The purchase and distribution of age-appropriate books to
covered caregivers assigned to or serving at an installation of the
Department with a child development center or library at which the
Secretary is carrying out the program.
(3) The dissemination to covered caregivers of education
materials on early literacy.
(4) Such other activities as the Secretary determines
appropriate.
(c) Locations.--In carrying out the program under subsection (a),
the Secretary may conduct the activities under subsection (b) at any
child development center or library located on an installation of the
Department.
(d) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the Committees on
Armed Services of the House of Representatives and the Senate a
briefing on the extent to which the authority under subsection (a) is
used, including--
(1) a description of any activities carried out under the
program so authorized; and
(2) an evaluation of the potential expansion of such program to
be included as a part of the pediatric primary care of young
children and to be carried out in military medical treatment
facilities.
(b) Definitions.--In this section:
(1) The term ``covered caregiver'' means a member of the Armed
Forces who is a caregiver of a young child.
(2) The term ``young child'' means any child from birth to the
age of five years old, inclusive.
SEC. 723. PLAN FOR ACCOUNTABLE CARE ORGANIZATION DEMONSTRATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Director of the Defense Health Agency, shall submit to the Committees
on Armed Services of the House of Representatives and the Senate a plan
for the conduct of the Accountable Care Organization demonstration,
notice of which was published in the Federal Register on August 16,
2019 (84 Fed. Reg. 41974), (in this section referred to as the
``Demonstration'').
(b) Elements.--The plan under subsection (a) shall include, the
following:
(1) A description of how the Demonstration shall be conducted
to deliver improved health outcomes, improved quality of care, and
lower costs under the TRICARE program.
(2) A description of the results for the TRICARE program that
the Secretary plans to achieve through the Demonstration, with
respect to the following outcome measures:
(A) Clinical performance.
(B) Utilization improvement.
(C) Beneficiary engagement.
(D) Membership growth and retention.
(E) Case management.
(F) Continuity of care.
(G) Use of telehealth.
(3) A description of how the Demonstration shall be conducted
to shift financial risk from the Department of Defense to civilian
health care providers.
(4) A description of how investment in the Demonstration shall
serve as a bridge to future competitive demonstrations of the
Department of Defense with accountable care organizations.
(5) A detailed description of the geographic locations at which
the Secretary plans to conduct such future competitive
demonstrations.
(6) A description of how a third-party administrator shall
manage the administrative components of the Demonstration,
including with respect to eligibility, enrollment, premium payment
processes, submission of qualifying life events changes, and
mailing address changes.
(c) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given that term in section 1072 of title 10,
United States Code.
SEC. 724. FEASIBILITY STUDY AND PLAN ON ESTABLISHING A MILITARY
HEALTH SYSTEM MEDICAL LOGISTICS DIRECTORATE AND MILITARY HEALTH
SYSTEM EDUCATION AND TRAINING DIRECTORATE.
(a) Study and Plan.--The Secretary of Defense, in consultation with
the Secretaries of the military departments and the Joint Chiefs of
Staff, shall--
(1) conduct a study on the feasibility of the establishment
within the Defense Health Agency of two subordinate organizations,
to be known as the Military Health System Medical Logistics
Directorate and the Military Health System Education and Training
Directorate, respectively; and
(2) develop a plan for such establishment.
(b) Elements.--The plan under subsection (a)(2) shall include the
following:
(1) Military health system medical logistics directorate.--With
respect to the Military Health System Medical Logistics
Directorate, the following:
(A) A description of the organizational structure of the
Directorate (including any subordinate organizations),
including the incorporation into the Directorate of existing
organizations of the military departments that provide
operational theater medical materiel support.
(B) A description of the resourcing by the Secretary of the
executive leadership of the Directorate.
(C) A description of the geographic location, or multiple
such locations, of the elements of the Directorate.
(D) A description of how the head of the medical research
and development organization within the Defense Health Agency
shall coordinate with the Directorate.
(E) A description of the ability of the Directorate to
address the medical logistics requirements of the military
departments, the combatant commands, and the Joint Staff.
(F) A description of any additional funding required to
establish the Directorate.
(G) A description of any additional legislative authorities
required to establish the Directorate, including any such
authorities required for the leadership and direction of the
Directorate.
(H) A description of any military department-specific
capabilities, requirements, or best practices relating to
medical logistics necessary to be considered prior to the
establishment of the Directorate.
(I) Such other matters relating to the establishment,
operations, or activities of the Directorate as the Secretary
may determine appropriate.
(2) Military health system education and training
directorate.--With respect to the Military Health System Education
and Training Directorate, the following:
(A) A description of the organizational structure of the
Directorate (including any subordinate organizations),
including the incorporation into the Directorate of existing
organizations that provide relevant medical education and
training, such as the following:
(i) The Uniformed Services University of the Health
Sciences.
(ii) The College of Allied Health Sciences of the
Uniformed Services University of the Health Sciences.
(iii) The Medical Education and Training Campus of the
Department of Defense.
(iv) The medical education and training commands and
organizations of the military departments.
(v) The medical training programs of the military
departments affiliated with civilian academic institutions.
(B) A description of the resourcing by the Secretary of the
executive leadership of the Directorate.
(C) A description of the geographic location, or multiple
such locations, of the elements of the Directorate.
(D) A description of the ability of the Directorate to
address the medical education and training requirements of the
military departments.
(E) A description of any additional funding required for
the establishment the Directorate.
(F) A description of any additional legislative authorities
required for the establishment of the Directorate, including
any such authorities required for the leadership and direction
of the Directorate.
(G) Such other matters relating to the establishment,
operations, or activities of the Directorate as the Secretary
may determine appropriate.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate--
(1) the results of the study under subsection (a)(1); and
(2) the plan under subsection (a)(2).
Subtitle C--Reports and Other Matters
SEC. 731. BRIEFING AND REPORT ON REDUCTION OR REALIGNMENT OF
MILITARY MEDICAL MANNING AND MEDICAL BILLETS.
Section 731(a)(2)(A) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1796) is amended to read
as follows:
``(A) Briefing; report.--The Comptroller General of the
United States shall--
``(i) not later than February 1, 2023, provide to the
Committees on Armed Services of the House of
Representatives and the Senate a briefing on preliminary
observations regarding the analyses used to support any
reduction or realignment of military medical manning,
including any reduction or realignment of medical billets
of the military departments; and
``(ii) not later than May 31, 2023, submit to the
Committees on Armed Services of the House of
Representatives and the Senate a report on such
analyses.''.
SEC. 732. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE
COMPREHENSIVE AUTISM CARE DEMONSTRATION PROGRAM.
Section 737 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1800) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by inserting ``broadly'' after ``disorder''; and
(ii) by striking ``demonstration project'' and
inserting ``demonstration program'';
(B) in subparagraph (B), by striking ``demonstration
project'' and inserting ``demonstration program'';
(C) in subparagraph (C), by inserting ``parental
involvement in applied behavioral analysis treatment, and''
after ``including'';
(D) in subparagraph (D), by striking ``for an individual
who has'' and inserting ``, including mental health outcomes,
for individuals who have'';
(E) in subparagraph (E), by inserting ``since its
inception'' after ``demonstration program'';
(F) in subparagraph (F), by inserting ``cost effectiveness,
program effectiveness, and clinical'' after ``measure the'';
(G) in subparagraph (G), by inserting ``than in the general
population'' after ``families'';
(H) by redesignating subparagraph (H) as subparagraph (I);
and
(I) by inserting after subparagraph (G) the following new
subparagraph (H):
``(H) An analysis of whether the diagnosis and treatment of
autism is higher among the children of military families than
in the general population.''; and
(2) in subsection (c), in the matter preceding paragraph (1),
by striking ``nine'' and inserting ``31''.
SEC. 733. CLARIFICATION OF MEMBERSHIP REQUIREMENTS AND COMPENSATION
AUTHORITY FOR INDEPENDENT SUICIDE PREVENTION AND RESPONSE REVIEW
COMMITTEE.
Section 738 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1801) is amended--
(1) in subsection (b)(3), by striking ``none of whom may be''
and all that follows through the closing period and inserting
``none of whom may be--''
``(A) a member of an Armed Force; or
``(B) a civilian employee of the Department of Defense,
unless the individual is a former member of an Armed Force.''.
(2) by redesignating subsections (f) through (h) as subsections
(g) through (i), respectively; and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Compensation.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may compensate members of the committee established under
subsection (a) for the work of such members for the committee.
``(2) Exception.--A member of the committee established under
subsection (a) who is a civilian employee of the Department of
Defense and a former member of an Armed Force may not receive
compensation under paragraph (1).
``(3) Treatment of compensation.--A member of the committee
established under subsection (a) who receives compensation under
paragraph (1) shall not be considered a civilian employee of the
Department of Defense for purposes of subsection (b)(3)(B).''.
SEC. 734. TERMINATION OF VETERANS' ADVISORY BOARD ON RADIATION DOSE
RECONSTRUCTION.
Section 601 of the Veterans Benefit Act of 2003 (Public Law 108-
183; 38 U.S.C. 1154 note) is amended--
(1) in subsection (b), by striking ``, including the
establishment of the advisory board required by subsection (c)'';
and
(2) by striking subsection (c).
SEC. 735. BRAIN HEALTH INITIATIVE OF DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense, in consultation with the
Secretaries concerned, shall establish a comprehensive initiative for
brain health to be known as the ``Warfighter Brain Health Initiative''
(in this section referred to as the ``Initiative'') for the purpose of
unifying efforts and programs across the Department of Defense to
improve the cognitive performance and brain health of members of the
Armed Forces.
(b) Objectives.--The objectives of the Initiative shall be the
following:
(1) To enhance, maintain, and restore the cognitive performance
of members of the Armed Forces through education, training,
prevention, protection, monitoring, detection, diagnosis,
treatment, and rehabilitation, including through the following
activities:
(A) The establishment of a program to monitor cognitive
brain health across the Department of Defense, with the goal of
detecting any need for cognitive enhancement or restoration
resulting from potential brain exposures of members of Armed
Forces, to mitigate possible evolution of injury or disease
progression.
(B) The identification and dissemination of thresholds for
blast pressure safety and associated emerging scientific
evidence.
(C) The modification of high-risk training and operational
activities to mitigate the negative effects of repetitive blast
exposure.
(D) The identification of individuals who perform high-risk
training or occupational activities, for purposes of increased
monitoring of the brain health of such individuals.
(E) The development and operational fielding of non-
invasive, portable, point-of-care medical devices, to inform
the diagnosis and treatment of traumatic brain injury.
(F) The establishment of a standardized monitoring program
that documents and analyzes blast exposures that may affect the
brain health of members of the Armed Forces.
(G) The consideration of the findings and recommendations
of the report of the National Academies of Science,
Engineering, and Medicine titled ``Traumatic Brain Injury: A
Roadmap for Accelerating Progress'' and published in 2022
(relating to the acceleration of progress in traumatic brain
injury research and care), or any successor report, in relation
to the activities of the Department relating to brain health,
as applicable.
(2) To harmonize and prioritize the efforts of the Department
of Defense into a single approach to brain health.
(c) Annual Budget Justification Documents.--In the budget
justification materials submitted to Congress in support of the
Department of Defense budget for each of fiscal years 2025 through 2029
(as submitted with the budget of the President under section 1105(a) of
title 31, United States Code), the Secretary of Defense shall include a
budget justification display that includes all activities of the
Department relating to the Initiative.
(d) Pilot Program Relating to Monitoring of Blast Coverage.--
(1) Authority.--The Director of the Defense Health Agency may
conduct, as part of the Initiative, a pilot program under which the
Director shall monitor blast overpressure exposure through the use
of commercially available, off-the-shelf, wearable sensors, and
document and evaluate data collected as a result of such
monitoring.
(2) Locations.--Monitoring activities under a pilot program
conducted pursuant to paragraph (1) shall be carried out in each
training environment that the Director determines poses a risk for
blast overpressure exposure.
(3) Documentation and sharing of data.--If the Director
conducts a pilot program pursuant to paragraph (1), the Director
shall--
(A) ensure that any data collected pursuant to such pilot
program that is related to the health effects of the blast
overpressure exposure of a member of the Armed Forces who
participated in the pilot program is documented and maintained
by the Secretary of Defense in an electronic health record for
the member; and
(B) to the extent practicable, and in accordance with
applicable provisions of law relating to data privacy, make
data collected pursuant to such pilot program available to
other academic and medical researchers for the purpose of
informing future research and treatment options.
(e) Strategy and Implementation Plan.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report setting forth a strategy and
implementation plan of the Department of Defense to achieve the
objectives of the Initiative under subsection (b).
(f) Annual Briefings.--Not later than January 31, 2024, and
annually thereafter until January 31, 2027, the Secretary of Defense
shall provide to the Committees on Armed Services of the House of
Representatives and the Senate a report on the Initiative that includes
the following:
(1) A description of the activities taken under the Initiative
and resources expended under the Initiative during the prior fiscal
year.
(2) A summary of the progress made during the prior fiscal year
with respect to the objectives of the Initiative under subsection
(b).
(g) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Code.
SEC. 736. ESTABLISHMENT OF PARTNERSHIP PROGRAM BETWEEN UNITED
STATES AND UKRAINE FOR MILITARY TRAUMA CARE AND RESEARCH.
Not later than February 24, 2023, the Secretary of Defense shall
seek to enter into a partnership with the appropriate counterpart from
the Government of Ukraine for the establishment of a joint program on
military trauma care and research. Such program shall consist of the
following:
(1) The sharing of relevant lessons learned from the Russo-
Ukraine War.
(2) The conduct of relevant joint conferences and exchanges
with military medical professionals from Ukraine and the United
States.
(3) Collaboration with the armed forces of Ukraine on matters
relating to health policy, health administration, and medical
supplies and equipment, including through knowledge exchanges.
(4) The conduct of joint research and development on the health
effects of new and emerging weapons.
(5) The entrance into agreements with military medical schools
of Ukraine for reciprocal education programs under which students
at the Uniformed Services University of the Health Sciences receive
specialized military medical instruction at the such military
medical schools of Ukraine and military medical personnel of
Ukraine receive specialized military medical instruction at the
Uniformed Services University of the Health Sciences, pursuant to
section 2114(f) of title 10, United States Code.
(6) The provision of support to Ukraine for the purpose of
facilitating the establishment in Ukraine of a program
substantially similar to the Wounded Warrior Program in the United
States.
(7) The provision of training to the armed forces of Ukraine in
the following areas:
(A) Health matters relating to chemical, biological,
radiological, nuclear and explosive weapons.
(B) Preventive medicine and infectious disease.
(C) Post traumatic stress disorder.
(D) Suicide prevention.
(8) The maintenance of a list of medical supplies and equipment
needed.
(9) Such other elements as the Secretary of Defense may
determine appropriate.
SEC. 737. IMPROVEMENTS RELATING TO BEHAVIORAL HEALTH CARE AVAILABLE
UNDER MILITARY HEALTH SYSTEM.
(a) Study Relating to Uniformed Services University of the Health
Science.--
(1) Study.--The Secretary of Defense shall conduct a study on
the feasibility and advisability of the following:
(A) Establishing graduate degree-granting programs in
counseling and social work at the Uniformed Services University
of the Health Sciences.
(B) Expanding the clinical psychology graduate program of
the Uniformed Services University of the Health Sciences.
(2) Matters.--The study under paragraph (1) shall include a
description of--
(A) the process by which, as a condition of enrolling in a
degree-granting program specified in such paragraph, a civilian
student would be required to commit to post-award employment
obligations; and
(B) the processes and consequences that would apply if such
obligations are not met.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and the Senate a
report containing the findings of the study under paragraph (1).
(b) Pilot Program on Scholarship-for-service for Civilian
Behavioral Health Providers.--
(1) Pilot program.--Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall commence
the conduct of a pilot program under which--
(A) the Secretary may provide--
(i) scholarships to cover tuition and related fees at
an institution of higher education to an individual
enrolled in a program of study leading to a graduate degree
in clinical psychology, social work, counseling, or a
related field (as determined by the Secretary); and
(ii) student loan repayment assistance to a
credentialed behavioral health provider who has a graduate
degree in clinical psychology, social work, counseling, or
a related field (as determined by the Secretary); and
(B) in exchange for such assistance, the recipient shall
commit to work as a covered civilian behavioral health provider
in accordance with paragraph (2).
(2) Post-award employment obligations.--
(A) In general.--Subject to subparagraph (B), as a
condition of receiving assistance under paragraph (1), the
recipient of such assistance shall enter into an agreement with
the Secretary of Defense pursuant to which the recipient agrees
to work on a full-time basis as a covered civilian behavioral
health provider for a period of a duration that is at least
equivalent to the period during which the recipient received
assistance under such paragraph.
(B) Other terms and conditions.--An agreement entered into
pursuant to subparagraph (A) may include such other terms and
conditions as the Secretary of Defense may determine necessary
to protect the interests of the United States or otherwise
appropriate for purposes of this section, including terms and
conditions providing for limited exceptions from the post-award
employment obligation specified in such subparagraph.
(3) Repayment.--
(A) In general.--An individual who receives assistance
under paragraph (1) and does not complete the employment
obligation required under the agreement entered into pursuant
to paragraph (2) shall repay to the Secretary of Defense a
prorated portion of the financial assistance received by the
individual under paragraph (1).
(B) Determination of amount.--The amount of any repayment
required under subparagraph (A) shall be determined by the
Secretary.
(4) Duration.--The authority to carry out the pilot program
under paragraph (1) shall terminate on the date that is 10 years
after the date on which such pilot program commences.
(5) Implementation plan.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a plan for the implementation of
this section.
(6) Reports.--
(A) In general.--Not later than each of one year and five
years after the commencement of the pilot program under
paragraph (1), the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representative and
the Senate a report on the pilot program.
(B) Elements.--Each report under subparagraph (A) shall
include, with respect to the pilot program under subsection
(1), the following:
(i) The number of students receiving scholarships under
the pilot program.
(ii) The institutions of higher education at which such
students are enrolled.
(iii) The total amount of financial assistance expended
under the pilot program per academic year.
(iv) The average scholarship amount per student under
the pilot program.
(v) The number of students hired as covered behavioral
health providers pursuant to the pilot program.
(vi) Any recommendations for terminating the pilot
program, extending the pilot program, or making the pilot
program permanent.
(c) Report on Behavioral Health Workforce.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct an
analysis of the behavioral health workforce under the direct care
component of the military health system and submit to the
Committees on Armed Services of the House of Representatives and
the Senate a report containing the results of such analysis. Such
report shall include, with respect to such workforce, the
following:
(A) The number of positions authorized for military
behavioral health providers within such workforce, and the
number of such positions filled, disaggregated by the
professions described in paragraph (2).
(B) The number of positions authorized for civilian
behavioral health providers within such workforce, and the
number of such positions filled, disaggregated by the
professions described in paragraph (2).
(C) For each military department, the ratio of military
behavioral health providers assigned to military medical
treatment facilities compared to civilian behavioral health
providers so assigned, disaggregated by the professions
described in paragraph (2).
(D) For each military department, the number of military
behavioral health providers authorized to be embedded within an
operational unit, and the number of such positions filled,
disaggregated by the professions described in paragraph (2).
(E) Data on the historical demand for behavioral health
services by members of the Armed Forces.
(F) An estimate of the number of health care providers
necessary to meet the demand by such members for behavioral
health care services under the direct care component of the
military health system, disaggregated by provider type.
(G) An identification of any shortfall between the
estimated number under subparagraph (F) and the total number of
positions for behavioral health providers filled within such
workforce.
(H) Such other information as the Secretary may determine
appropriate.
(2) Provider types.--The professions described in this
paragraph are as follows:
(A) Clinical psychologists.
(B) Social workers.
(C) Counselors.
(D) Such other professions as the Secretary may determine
appropriate.
(3) Behavioral health workforce at remote locations.--In
conducting the analysis of the behavioral health workforce under
paragraph (1), the Secretary of Defense shall ensure such
behavioral health workforce at remote locations (including Guam and
Hawaii) and any shortfalls thereof, is taken into account.
(d) Plan to Address Shortfalls in Behavioral Health Workforce.--Not
later than one year after the date on which the report under subsection
(c) is submitted, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a plan to address any shortfall of the behavioral health
workforce identified under paragraph (1)(G) of such subsection. Such
plan shall address the following:
(1) With respect to any such shortfall of military behavioral
health providers (addressed separately with respect to such
providers assigned to military medical treatment facilities and
such providers assigned to be embedded within operational units),
the recruitment, accession, retention, special pay and other
aspects of compensation, workload, role of the Uniformed Services
University of the Health Sciences and the Armed Forces Health
Professions Scholarship Program under chapter 105 of title 10,
United States Code, any additional authorities or resources
necessary for the Secretary to increase the number of such
providers, and such other considerations as the Secretary may
consider appropriate.
(2) With respect to addressing any such shortfall of civilian
behavioral health providers, the recruitment, hiring, retention,
pay and benefits, workload, educational scholarship programs, any
additional authorities or resources necessary for the Secretary to
increase the number of such providers, and such other
considerations as the Secretary may consider appropriate.
(3) A recommendation as to whether the number of military
behavioral health providers in each military department should be
increased, and if so, by how many.
(4) A plan to ensure that remote installations are prioritized
for the assignment of military behavioral health providers.
(5) Updated access standards for behavioral health care under
the military health system, taking into account--
(A) the duration of time between a patient receiving a
referral for such care and the patient receiving individualized
treatment (following an initial intake assessment) from a
behavioral health provider; and
(B) the frequency of regular follow-up appointments
subsequent to the first appointment at which a patient receives
such individualized treatment.
(6) A plan to expand access to behavioral health care under the
military health system using telehealth.
(e) Definitions.--In this section:
(1) The term ``behavioral health'' includes psychiatry,
clinical psychology, social work, counseling, and related fields.
(2) The term ``civilian behavioral health provider'' means a
behavioral health provider who is a civilian employee of the
Department of Defense.
(3) The term ``counselor'' means an individual who holds--
(A) a master's or doctoral degree from an accredited
graduate program in--
(i) marriage and family therapy; or
(ii) clinical mental health counseling; and
(B) a current license or certification from a State that
grants the individual the authority to provide counseling
services as an independent practitioner in the respective field
of the individual.
(4) The term ``covered civilian behavioral health provider''
means a civilian behavioral health provider whose employment by the
Secretary of Defense involves the provision of behavioral health
services at a military medical treatment facility.
(5) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001).
(6) The term ``military behavioral health provider'' means a
behavioral health provider who is a member of the Armed Forces.
(7) The term ``military installation'' has the meaning given
that term in section 2801 of title 10, United States Code.
(8) The term ``military medical treatment facility'' means a
facility specified in section 1073d of such title.
(9) The term ``remote installation'' means a military
installation that the Secretary determines to be in a remote
location.
(10) The term ``State'' means each of the several States, the
District of Columbia, and each commonwealth, territory or
possession of the United States.
SEC. 738. CERTIFICATION PROGRAM IN PROVISION OF MENTAL HEALTH
SERVICES TO MEMBERS OF THE ARMED FORCES AND MILITARY FAMILIES.
(a) In General.--The Secretary of Defense, in consultation with the
President of the Uniformed Services University of the Health Sciences,
shall develop a curriculum and certification program to provide
civilian mental health professionals and students in mental health-
related disciplines with the specialized knowledge and skills necessary
to address the unique mental health needs of members of the Armed
Forces and military families.
(b) Implementation.--Not later than 90 days after completing the
development of the curriculum and certification program under
subsection (a), the Secretary of Defense shall implement such
curriculum and certification program in the Uniformed Services
University of the Health Sciences.
(c) Authority to Disseminate Best Practices.--The Secretary of
Defense may disseminate best practices based on the curriculum and
certification program developed and implemented under this section to
other institutions of higher education, as such term is defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(d) Termination.--The authority to carry out the curriculum and
certification program under this section shall terminate on the date
that is five years after the date of the enactment of this Act.
(e) Briefing.--Not later than 180 days after the termination date
specified in subsection (d), the Secretary of Defense shall provide to
the Committees on Armed Services of the House of Representatives and
the Senate a briefing on the results of the curriculum and
certification program developed and implemented under this section.
SEC. 739. STANDARDIZATION OF POLICIES RELATING TO SERVICE IN ARMED
FORCES BY INDIVIDUALS DIAGNOSED WITH HBV.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretaries concerned, shall--
(1) review regulations, establish policies, and issue guidance
relating to service in the Armed Forces by individuals diagnosed
with HBV, consistent with the health care standards and clinical
guidelines of the Department of Defense; and
(2) identify areas where the regulations, policies, and
guidance of the Department relating to individuals diagnosed with
HBV (including with respect to enlistments, assignments,
deployments, and retention standards) may be standardized across
the Armed Forces.
(b) Definitions.--In this section:
(1) The term ``HBV'' means the Hepatitis B Virus.
(2) The term ``Secretary concerned'' has the meaning given that
term in section 101 of title 10, United States Code.
SEC. 740. SUICIDE CLUSTER: STANDARDIZED DEFINITION FOR USE BY
DEPARTMENT OF DEFENSE; CONGRESSIONAL NOTIFICATION.
(a) Standardization of Definition.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries concerned, shall develop, for use
across the Armed Forces, a standardized definition for the term
``suicide cluster''.
(b) Notification Required.--Beginning not later than one year after
the date of the enactment of this Act, whenever the Secretary
determines the occurrence of a suicide cluster (as that term is defined
pursuant to subsection (a)) among members of the Armed Forces, the
Secretary shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a notification of such determination.
(c) Briefing.--Not later than April 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on the following:
(1) The methodology being used in the development of the
definition under subsection (a).
(2) The progress made towards the development of the process
for submitting required notifications under subsection (b).
(3) An estimated timeline for the implementation of this
section.
(d) Coordination Required.--In developing the definition under
subsection (a) and the process for submitting required notifications
under subsection (b), the Secretary of Defense shall coordinate with
the Secretaries concerned.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Codes.
SEC. 741. LIMITATION ON REDUCTION OF MILITARY MEDICAL MANNING END
STRENGTH: CERTIFICATION REQUIREMENT AND OTHER REFORMS.
(a) Limitation.--
(1) In general.--Except as provided in paragraph (2), and in
addition to the limitation under section 719 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1454), as most recently amended by section 731 of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 1795), during the five-year period beginning on
the date of the enactment of this Act, neither the Secretary of
Defense nor a Secretary concerned may reduce military medical end
strength authorizations, and following such period, neither may
reduce such authorizations unless the Secretary of Defense issues a
waiver pursuant to paragraph (6).
(2) Exception.--The limitation under paragraph (1) shall not
apply with respect to the following:
(A) Administrative billets of a military department that
have remained unfilled since at least October 1, 2018.
(B) Billets identified as non-clinical in the budget of the
President for fiscal year 2020 submitted to Congress pursuant
to section 1105(a) of title 31, United States Code, except that
the number of such billets may not exceed 1,700.
(C) Medical headquarters billets of the military
departments not assigned to, or providing direct support to,
operational commands.
(3) Report on composition of military medical workforce
requirements.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, shall conduct an
assessment of current military medical manning requirements (taking
into consideration factors including future operational planning,
training, and beneficiary healthcare) and submit to the Committees
on Armed Services of the House of Representatives and the Senate a
report containing the findings of such assessment. Such assessment
shall be informed by the following:
(A) The National Defense Strategy submitted under section
113(g) of title 10, United States Code.
(B) The National Military Strategy prepared under section
153(b) of such title.
(C) The campaign plans of the combatant commands.
(D) Theater strategies.
(E) The joint medical estimate under section 732 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1817).
(F) The plan of the Department of Defense on integrated
medical operations, as updated pursuant to paragraph (1) of
section 724(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1793; 10 U.S.C.
1096 note).
(G) The plan of the Department of Defense on global patient
movement, as updated pursuant to paragraph (2) of such section
724(a).
(H) The biosurveillance program of the Department of
Defense established pursuant to Department of Defense Directive
6420.02 (relating to biosurveillance).
(I) Requirements for graduate medical education.
(J) The report of the COVID-19 Military Health System
Review Panel under section 731 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 3698).
(K) The report of the Inspector General of the Department
of Defense titled ``Evaluation of Department of Defense
Military Medical Treatment Facility Challenges During the
Coronavirus Disease-2019 (COVID-19) Pandemic in Fiscal Year
2021 (DODIG-2022-081)'' and published on April 5, 2022.
(L) Reports of the Comptroller General of the United States
relating to military health system reforms undertaken on or
after January, 1, 2017, including any such reports relating to
military medical manning and force composition mix.
(M) Such other reports as may be determined appropriate by
the Secretary of Defense.
(4) Certification.--The Secretary of Defense shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a certification containing the following:
(A) A certification of the completion of a comprehensive
review of military medical manning, including with respect to
the medical corps (or other health- or medical-related
component of a military department), designator, profession,
occupation, and rating of medical personnel.
(B) A justification for any proposed increase, realignment,
reduction, or other change to the specialty or occupational
composition of military medical end strength authorizations,
which may include compliance with a requirement or
recommendation set forth in a strategy, plan, or other matter
specified in paragraph (3).
(C) A certification that, in the case that any change to
such specialty or occupational composition is required, a
vacancy resulting from such change may not be filled with a
position other than a health- or medical-related position until
such time as there are no military medical billets remaining to
fill the vacancy.
(D) A risk analysis associated with the potential
realignment or reduction of any military medical end strength
authorizations.
(E) An identification of any plans of the Department to
backfill military medical personnel positions with civilian
personnel.
(F) A plan to address persistent vacancies for civilian
personnel in health- or medical-related positions, and a risk
analysis associated with the hiring, onboarding, and retention
of such civilian personnel, taking into account provider
shortfalls across the United States.
(G) A comprehensive plan to mitigate any risk identified
pursuant to subparagraph (D) or (F), including with respect to
funding necessary for such mitigation across fiscal years.
(5) Process required.--The Secretaries of the military
departments, in coordination with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, shall develop and submit to
the Committees on Armed Services of the House of Representatives
and the Senate a process for the authorization of proposed
modifications to the composition of the medical manning force mix
across the military departments while maintaining compliance with
the limitation under paragraph (1). Such process shall--
(A) take into consideration the funding required for any
such proposed modification; and
(B) include distinct processes for proposed increases and
proposed decreases, respectively, to the medical manning force
mix of each military department.
(6) Waiver.--
(A) In general.--Following the conclusion of the five-year
period specified in paragraph (1), the Secretary of Defense may
waive the prohibition under such subsection if--
(i) the report requirement under paragraph (3), the
certification requirement under paragraph (4), and the
process requirement under paragraph (5) have been
completed;
(ii) the Secretary determines that the waiver is
necessary and in the interests of the national security of
the United States; and
(iii) the waiver is issued in writing.
(B) Notification to congress.--Not later than five days
after issuing a waiver under subparagraph (A), the Secretary of
Defense shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a notification of the
waiver (including the text of the waiver and a justification
for the waiver) and provide to such committees a briefing on
the components of the waiver.
(b) Temporary Suspension of Implementation of Plan for Restructure
or Realignment of Military Medical Treatment Facilities.--The Secretary
of Defense may not implement the plan under section 703(d)(1) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2199) until the later of the following:
(1) The date that is one year after the date of the enactment
of this Act.
(2) The date on which the Secretary of Defense completes the
following:
(A) A risk analysis for each military medical treatment
facility to be realigned, restructured, or otherwise affected
under the implementation plan under such section 703(d)(1),
including an assessment of the capacity of the TRICARE network
of providers in the area of such military medical treatment
facility to provide care to the TRICARE Prime beneficiaries
that would otherwise be assigned to such military medical
treatment facility.
(B) An identification of the process by which the
assessment conducted under subsection (a)(3) and the
certification required under subsection (a)(4) shall be linked
to any restructuring or realignment of military medical
treatment facilities.
(c) Briefings; Final Report.--
(1) Initial briefing.--Not later than April 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing
on--
(A) the method by which the Secretary plans to meet the
report requirement under subsection (a)(3), the certification
requirement under subsection (a)(4), and the process
requirement under subsection (a)(5); and
(B) the matters specified in subparagraphs (A) and (B) of
subsection (b)(2).
(2) Briefing on progress.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the progress made
towards completion of the requirements specified in paragraph
(1)(A).
(3) Final briefing.--Not later than three years after the date
of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a final briefing on the completion
of such requirements.
(4) Final report.--Not later than three years after the date of
the enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a final report on the completion of such
requirements. Such final report shall be in addition to the report,
certification, and process submitted under paragraphs (3), (4), and
(5) of subsection (a), respectively.
(d) Definitions.--In this section:
(1) The term ``medical personnel'' has the meaning given such
term in section 115a(e) of title 10, United States Code.
(2) The term ``Secretary concerned'' has the meaning given that
term in section 101(a) of such title.
(3) The term ``theater strategy'' means an overarching
construct outlining the vision of a combatant commander for the
integration and synchronization of military activities and
operations with other national power instruments to achieve the
strategic objectives of the United States.
SEC. 742. FEASIBILITY STUDY ON ESTABLISHMENT OF DEPARTMENT OF
DEFENSE INTERNSHIP PROGRAMS RELATING TO CIVILIAN BEHAVIORAL
HEALTH PROVIDERS.
(a) Feasibility Study.--The Secretary of Defense shall conduct a
study on the feasibility of establishing paid pre-doctoral and post-
doctoral internship programs for the purpose of training clinical
psychologists to work as covered civilian behavioral health providers.
(b) Elements.--The feasibility study under subsection (a) shall
assess, with respect to the potential internship programs specified in
such subsection, the following:
(1) A model under which, as a condition of participating in
such an internship program, the participant would enter into an
agreement with the Secretary under which the participant agrees to
work on a full-time basis as a covered civilian behavioral health
provider for a period of a duration that is at least equivalent to
the period of participation in such internship program.
(2) Methods by which the Secretary may address scenarios in
which an individual who participates in such an internship program
does not complete the employment obligation required under the
agreement referred to in paragraph (1), including by requiring the
individual to repay to the Secretary a prorated portion of the cost
of administering such program (to be determined by the Secretary)
with respect to such individual and of any payment received by the
individual under such program.
(3) The methods by which the Secretary may adjust the workload
and staffing of behavioral health providers in military medical
treatment facilities to ensure sufficient capacity to supervise
participants in such internship programs.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
containing the findings of the feasibility study under subsection (a).
(d) Definitions.--In this section:
(1) The term ``behavioral health'' includes psychiatry,
clinical psychology, social work, counseling, and related fields.
(2) The term ``behavioral health provider'' includes the
following:
(A) A licensed professional counselor.
(B) A licensed mental health counselor.
(C) A licensed clinical professional counselor.
(D) A licensed professional clinical counselor of mental
health.
(E) A licensed clinical mental health counselor.
(F) A licensed mental health practitioner.
(3) The term ``covered civilian behavioral health provider''
means a civilian behavioral health provider whose employment by the
Secretary of Defense involves the provision of behavioral health
services at a military medical treatment facility.
(4) The term ``civilian behavioral health provider'' means a
behavioral health provider who is a civilian employee of the
Department of Defense.
(5) The term ``military medical treatment facility'' means a
facility specified in section 1073d of title 10, United States
Code.
SEC. 743. UPDATES TO PRIOR FEASIBILITY STUDIES ON ESTABLISHMENT OF
NEW COMMAND ON DEFENSE HEALTH.
(a) Updates.--The Secretary of Defense shall update prior studies
regarding the feasibility of establishing a new defense health command
under which the Defense Health Agency would be a joint component. In
conducting such updates, the Secretary shall consider for such new
command each of the following potential structures:
(1) A unified combatant command.
(2) A specified combatant command.
(3) Any other command structure the Secretary determines is
appropriate for consideration.
(b) Matters.--The updates under subsection (a) shall include, with
respect to the new command specified in such subsection, the following:
(1) An assessment of the potential organizational structure of
the new command sufficient for the new command to carry out the
responsibilities described in subsection (c), including a
description of the following:
(A) The potential reporting relationship between the
commander of the new command, the Assistant Secretary of
Defense for Health Affairs, and the Under Secretary of Defense
for Personnel and Readiness.
(B) The potential relationship of the new command to the
military departments, the combatant commands, and the Joint
Staff.
(C) The potential responsibilities of the commander of the
new command and how such responsibilities would differ from the
responsibilities of the Director of the Defense Health Agency.
(D) The potential chain of command between such commander
and the Secretary of Defense.
(E) The potential roles of the Surgeons General of the
Army, Navy, and Air Force, with respect to such commander.
(F) Any organizations that support the Defense Health
Agency, such as the medical departments and medical logistics
organizations of each military department.
(G) The potential organizational structure of the new
command, including any subordinate commands.
(H) The geographic location, or multiple such locations, of
the headquarters of the new command and any subordinate
commands.
(I) How the Defense Health Agency currently serves as a
provider of optimally trained and clinically proficient health
care professionals to support combatant commands.
(J) How the new command may further serve as a provider of
optimally trained and clinically proficient health care
professionals to support combatant commands.
(2) An assessment of any additional funding necessary to
establish the new command.
(3) An assessment of any additional legislative authorities
necessary to establish the new command, including with respect to
the executive leadership and direction of the new command.
(4) An assessment of the required resourcing of the executive
leadership of the new command.
(5) If the Secretary makes the determination to establish the
new command, a timeline for such establishment.
(6) If the Secretary defers such determination pending further
implementation of other organizational reforms to the military
health system, a timeline for such future determination.
(7) Such other matters relating to the establishment,
operations, or activities of the new command as the Secretary may
determine appropriate.
(c) Responsibilities Described.--The responsibilities described in
this subsection are as follows:
(1) The conduct of health operations among operational units of
the Armed Forces.
(2) The administration of military medical treatment
facilities.
(3) The administration of the TRICARE program.
(4) Serving as the element of the Armed Forces with the primary
responsibility for the following:
(A) Medical treatment, advanced trauma management,
emergency surgery, and resuscitative care.
(B) Emergency and specialty surgery, intensive care,
medical specialty care, and related services.
(C) Preventive, acute, restorative, curative,
rehabilitative, and convalescent care.
(5) Collaboration with medical facilities participating in the
National Disaster Medical System established pursuant to section
2812 of the Public Health Service Act (42 U.S.C. 300hh-11), the
Veterans Health Administration, and such other Federal departments
and agencies and nongovermental organizations as may be determined
appropriate by the Secretary, including with respect to the care
services specified in paragraph (4)(C).
(6) The conduct of existing research and education activities
of the Department of Defense in the field of health sciences.
(7) The conduct of public health and global health activities
not otherwise assigned to the Armed Forces.
(8) The administration of the Defense Health Program Account
under section 1100 of title 10, United States Code.
(d) Interim Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the House of Representatives and
the Senate a briefing on the method by which the Secretary intends to
update prior studies as required pursuant to subsection (a).
(e) Final Briefing; Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall--
(1) provide to the Committees on Armed Services of the House of
Representatives and the Senate a final briefing on the
implementation of this section; and
(2) submit to the Committees on Armed Services of the House of
Representatives and the Senate a report containing the updates to
prior studies required pursuant to subsection (a), including each
of the elements specified in subsection (b).
SEC. 744. CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT TO
EFFECTS OF EXPOSURE TO OPEN BURN PITS AND OTHER ENVIRONMENTAL
HAZARDS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) conduct a capability assessment of potential improvements
to activities of the Department of Defense to reduce the effects of
environmental exposures with respect to members of the Armed
Forces; and
(2) develop an action plan to implement such improvements
assessed under paragraph (1) as the Secretary considers
appropriate.
(b) Elements.--The capability assessment required by subsection
(a)(1) shall include the following elements:
(1) With respect to the conduct of periodic health assessments,
the following:
(A) An assessment of the feasibility and advisability of
adding additional screening questions relating to environmental
and occupational exposures to current health assessments of
members of the Armed Forces conducted by the Secretary of
Defense, including pre- and post-deployment assessments and
pre-separation assessments.
(B) An assessment of the potential value and feasibility of
regularly requiring spirometry or other pulmonary function
testing pre- and post-deployment for all members, or selected
members, of the Armed Forces.
(2) With respect to the conduct of outreach and education, the
following:
(A) An evaluation of clinician training on the health
effects of airborne hazards and how to document exposure
information in health records maintained by the Department of
Defense and the Department of Veterans Affairs.
(B) An assessment of the adequacy of current actions by the
Secretary of Defense and the Secretary of Veterans Affairs to
increase awareness among members of the Armed Forces and
veterans of the purposes and uses of the Airborne Hazards and
Open Burn Pit Registry and the effect of a potential
requirement that individuals meeting applicable criteria be
automatically enrolled in the registry unless such individuals
opt out of enrollment.
(C) An assessment of operational plans for deployment with
respect to the adequacy of educational activities for, and
evaluations of, performance of command authorities, medical
personnel, and members of the Armed Forces on deployment on
anticipated environmental exposures and potential means to
minimize and mitigate any adverse health effects of such
exposures, including through the use of monitoring, personal
protective equipment, and medical responses.
(D) An evaluation of potential means to improve the
education of health care providers of the Department of Defense
with respect to the diagnosis and treatment of health
conditions associated with environmental exposures.
(3) With respect to the monitoring of exposure during
deployment operations, the following:
(A) An evaluation of potential means to strengthen tactics,
techniques, and procedures used in deployment operations to
document--
(i) specific locations where members of the Armed
Forces served;
(ii) environmental exposures in such locations; and
(iii) any munitions involved during such service in
such locations.
(B) An assessment of potential improvements in the
acquisition and use of wearable monitoring technology and
remote sensing capabilities to record environmental exposures
by geographic location.
(C) An analysis of the potential value and feasibility of
maintaining a repository of frozen soil samples from each
deployment location to be later tested as needed when concerns
relating to environmental exposures are identified.
(4) With respect to the use of the Individual Longitudinal
Exposure Record, the following:
(A) An assessment of feasibility and advisability of
recording individual clinical diagnosis and treatment
information in the Individual Longitudinal Exposure Record to
be integrated with exposure data.
(B) An evaluation of--
(i) the progress toward making the Individual
Longitudinal Exposure Record operationally capable and
accessible to members of the Armed Forces and veterans by
2023; and
(ii) the integration of data from the Individual
Longitudinal Exposure Record with the electronic health
records of the Department of Defense and the Department of
Veterans Affairs.
(C) An assessment of the feasibility and advisability of
making such data accessible to the surviving family members of
members of the Armed Forces and veterans.
(5) With respect to the conduct of research, the following:
(A) An assessment of the potential use of the Airborne
Hazards and Open Burn Pit Registry for research on monitoring
and identifying the health consequences of exposure to open
burn pits.
(B) An analysis of options for increasing the amount and
the relevance of additional research into the health effects of
open burn pits and effective treatments for such health
effects.
(C) An evaluation of potential research of biomarker
monitoring to document environmental exposures during
deployment or throughout the military career of a member of the
Armed Forces.
(D) An analysis of potential organizational strengthening
with respect to the management of research on environmental
exposure hazards, including the establishment of a joint
program executive office for such management.
(E) An assessment of the findings and recommendations of
the 2020 report by the National Academies of Science,
Engineering, and Medicine titled ``Respiratory Health Effects
of Airborne Hazards Exposures in the Southwest Asia Theater of
Military Operations''.
(6) An evaluation of such other matters as the Secretary of
Defense determines appropriate to ensure a comprehensive review of
activities relating to the effects of exposure to open burn pits
and other environmental hazards.
(c) Submission of Plan and Briefing.--Not later than 240 days after
the date of the enactment of this Act, the Secretary of Defense shall--
(1) submit to the Committees on Armed Services of the House of
Representatives and the Senate the action plan required by
subsection (a)(2); and
(2) provide to such committees a briefing on the results of the
capability assessment required by subsection (a)(1).
(d) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit Registry''
means the registry established under section 201 of the Dignified
Burial and Other Veterans' Benefits Improvement Act of 2012 (Public
Law 112-260; 38 U.S.C. 527 note).
(2) The term ``environmental exposure'' means an exposure to an
open burn pit or other environmental hazard, as determined by the
Secretary of Defense.
(3) The term ``open burn pit'' has the meaning given that term
in section 201(c) of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
SEC. 745. KYLE MULLEN NAVY SEAL MEDICAL TRAINING REVIEW.
(a) Review.--The Inspector General of the Department of Defense
shall conduct a comprehensive review of the medical training for health
care professionals furnishing medical care to individuals undergoing
Navy Sea, Air, and Land (SEAL) training, the quality assurance
mechanisms in place with respect to such care, and the efforts to
mitigate health stress of individuals undergoing such training.
(b) Elements.--The review under subsection (a) shall include the
following elements:
(1) A review of the policies for improved medical care of
individuals undergoing Navy SEAL training and quality assurance
with respect to such care.
(2) A review of sleep deprivation practices implemented with
respect to Navy SEAL training, including an identification of when
such practices were initially implemented and how frequently such
practices are updated.
(3) An assessment of the policies and rules relating to the use
of performance enhancing drugs by individuals undergoing Navy SEAL
training.
(4) An assessment of the oversight of health care professionals
(including enlisted and officer medical personnel, civilian
employees of the Department of Defense, and contractors of the
Department) with respect to the provision by such professionals of
health care services to individuals undergoing Navy SEAL training.
(5) A review and assessment of deaths, occurring during the
twenty-year period preceding the date of the review, of individuals
who were undergoing Navy SEAL training at the time of death.
(6) A review of ongoing efforts and initiatives to ensure the
safety of individuals undergoing Navy SEAL training and to prevent
the occurrence of long-term injury, illness, and death among such
individuals.
(7) An assessment of the role of nutrition in Navy SEAL
training.
(c) Interim Briefing.--Not later than March 1, 2023, the Inspector
General of the Department of Defense shall provide to the Committees on
Armed Services of the House of Representatives and the Senate a
briefing on how the Inspector General plans to conduct the review under
subsection (a), including with respect to each element specified in
subsection (b).
(d) Final Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a final report on the completion of
the review under subsection (a), including recommendations of the
Inspector General developed as a result of such review.
SEC. 746. REPORTS ON COMPOSITION OF MEDICAL PERSONNEL OF EACH
MILITARY DEPARTMENT AND RELATED MATTERS.
(a) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for three years, the
Secretary of Defense, in coordination with the Secretaries of the
military departments, shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report on the
composition of the medical personnel of each military department and
related matters.
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) With respect to each military department, the following:
(A) An identification of the number of medical personnel of
the military department who are officers in a grade above O-6.
(B) An identification of the number of such medical
personnel who are officers in a grade below O-7.
(C) A description of any plans of the Secretary to--
(i) reduce the total number of such medical personnel;
or
(ii) eliminate any covered position for such medical
personnel.
(D) A recommendation by the Secretary for the number of
covered positions for such medical personnel that should be
required for purposes of maximizing medical readiness (without
regard to current statutory limitations, or potential future
statutory limitations, on such number), presented as a total
number for each military department and disaggregated by grade.
(2) An assessment of the grade for the position of the Medical
Officer of the Marine Corps, including--
(A) a comparison of the effects of filling such position
with an officer in the grade of O-6 versus an officer in the
grade of O-7;
(B) an assessment of potential issues associated with the
elimination of such position; and
(C) a description of any potential effects of such
elimination with respect to medical readiness.
(3) An assessment of all covered positions for medical
personnel of the military departments, including the following:
(A) The total number of authorizations for such covered
positions, disaggregated by--
(i) whether the authorization is for a position in a
reserve component; and
(ii) whether the position so authorized is filled or
vacant.
(B) A description of any medical- or health-related
specialty requirements for such covered positions.
(C) For each such covered position, an identification of
the title and geographic location of, and a summary of the
responsibility description for, the position.
(D) For each such covered position, an identification of
the span of control of the position, including with respect to
the highest grade at which each such position has been filled.
(E) An identification of any downgrading, upgrading, or
other changes to such covered positions occurring during the
10-year period preceding the date of the report, and an
assessment of whether any such changes have resulted in the
transfer of responsibilities previously assigned to such a
covered position to--
(i) a position in the Senior Executive Service or
another executive personnel position; or
(ii) a position other than a covered position.
(F) A description of any officers in a grade above O-6
assigned to the Defense Health Agency, the Office of the
Assistant Secretary of Defense for Health Affairs, the Joint
Staff, or any other position within the military health system.
(G) A description of the process by which the positions
specified in subparagraph (F) are validated against military
requirements or similar billet justification processes.
(H) A side-by-side comparison demonstrating, across the
military departments, the span of control and the
responsibilities of covered positions for medical personnel of
each military department.
(c) Disaggregation of Certain Data.--The data specified in
subparagraphs (A) and (B) of subsection (b)(1) shall be presented as a
total number and disaggregated by each medical component of the
respective military department.
(d) Definitions.--In this section:
(1) The term ``covered position'' means a position for an
officer in a grade above O-6.
(2) The term ``officer'' has the meanings given that term in
section 101(b) of title 10, United States Code.
(3) The term ``medical component'' means--
(A) in the case of the Army, the Medical Corps, Dental
Corps, Nurse Corps, Medical Service Corps, Veterinary Corps,
and Army Medical Specialist Corps;
(B) in the case of the Air Force, members designated as
medical officers, dental officers, Air Force nurses, medical
service officers, and biomedical science officers; and
(C) in the case of the Navy, the Medical Corps, Dental
Corps, Nurse Corps, and Medical Service Corps.
(4) The term ``medical personnel'' has the meaning given such
term in section 115a(e) of title 10, United States Code.
(5) The term ``military department'' has the meaning given that
term in section 101(a) of such title.
SEC. 747. REPORT ON EFFECTS OF LOW RECRUITMENT AND RETENTION ON
OPERATIONAL TEMPO AND PHYSICAL AND MENTAL HEALTH OF MEMBERS OF
THE ARMED FORCES.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the effects of low recruitment and retention on the
Armed Forces.
(b) Matters.--The report under subsection (a) shall include an
assessment of the following:
(1) The effect of low recruitment on the tempo for operational
units during the previous five years, including with respect to
deployed units and units in pre-deployment training.
(2) Whether the rate of operational tempo during the pervious
five years has affected the retention of members of the Armed
Forces, including with respect to deployed units and units in pre-
deployment training.
(3) How the rate of operational tempo during the previous five
years has affected the number of mental health visits of members of
the Armed Forces serving in such units.
(4) How the rate of operational tempo during the pervious five
years has affected the number of suicides occurring within such
units.
(5) Whether the rate of operational tempo during the pervious
five years has affected the number of musculoskeletal and related
injuries incurred by members of the Armed Forces serving in such
units.
(6) The type or types of military occupational specialties most
affected by low recruitment.
(7) Lessons learned in the process of gathering data for the
report under this section.
(8) Any policy or legislative recommendations to mitigate the
effect of low recruitment on the operational tempo of the Armed
Forces.
SEC. 748. GUIDANCE FOR ADDRESSING HEALTHY RELATIONSHIPS AND
INTIMATE PARTNER VIOLENCE THROUGH TRICARE PROGRAM.
(a) Guidance.--The Secretary of Defense shall disseminate guidance
on the implementation through the TRICARE program of--
(1) education on healthy relationships and intimate partner
violence; and
(2) protocols for--
(A) the routine assessment of intimate partner violence and
sexual assault; and
(B) the promotion of, and strategies for, trauma-informed
care plans.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate a briefing on the implementation of this section.
SEC. 749. BRIEFING ON SUICIDE PREVENTION REFORMS FOR MEMBERS OF THE
ARMED FORCES.
(a) In General.--Not later than March 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the following:
(1) The feasibility and advisability of implementing reforms
related to suicide prevention among members of the Armed Forces as
follows:
(A) Eliminating mental health history as a disqualifier for
service in the Armed Forces, including by eliminating
restrictions related to mental health history that are specific
to military occupational specialties.
(B) Requiring comprehensive and in-person annual mental
health assessments of members of the Armed Forces.
(C) Requiring behavioral health providers under the TRICARE
program, including providers contracted through such program,
to undergo evidence-based and suicide-specific training.
(D) Requiring leaders at all levels of the Armed Forces to
be trained on the following:
(i) Total wellness.
(ii) Suicide warning signs and risk factors.
(iii) Evidence-based, suicide-specific interventions.
(iv) Effectively communicating with medical and
behavioral health providers.
(v) Communicating with family members, including
extended family members who are not co-located with a
member of the Armed Forces, on support and access to
resources for members of the Armed Forces and the
dependents thereof.
(E) Requiring mandatory referral to Warriors in Transition
programs, or other transitional programs, for members of the
Armed Forces who are eligible for such programs.
(2) Recommendations for additional legislative actions
necessary to further enhance or expand suicide prevention efforts
of the Department of Defense.
(b) Definitions.--In this section--
(1) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
(2) The term ``Warriors in Transition program'' has the meaning
given that term in section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10
U.S.C. 1071 note).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in
overcoming obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and
engineering services.
Sec. 803. Data requirements for commercial products for major weapon
systems.
Sec. 804. Revision of authority for procedures to allow rapid
acquisition and deployment of capabilities needed under
specified high-priority circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal
for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense
acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Inclusion in budget justification materials of enhanced
reporting on proposed cancellations and modifications to
multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and
related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with
requests for multiyear procurement authority for large defense
acquisitions.
Sec. 816. Modification of provision relating to determination of certain
activities with unusually hazardous risks.
Sec. 817. Modification to prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and
pricing processes.
Sec. 819. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department
of Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due
to inflation impacts.
Subtitle C--Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition
workforce excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and
agreements with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial
skills program.
Subtitle D--Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of
intellectual property.
Sec. 842. Modification of authority of the Department of Defense to
carry out certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate the
procurement and fielding of innovative technologies.
Sec. 846. Report on software delivery times.
Subtitle E--Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.
Sec. 852. Modification to miscellaneous limitations on the procurement
of goods other than United States goods.
Sec. 853. Requirements for the procurement of certain components for
certain naval vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance program.
Sec. 855. Codification of prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor-Protege
Program.
Sec. 857. Procurement requirements relating to rare earth elements and
strategic and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial
mobilization and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical
supply chains.
Sec. 861. Strategy for increasing competitive opportunities for certain
critical technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F--Small Business Matters
Sec. 871. Codification of Small Business Administration scorecard.
Sec. 872. Modifications to the SBIR and STTR programs.
Sec. 873. Access to data on bundled or consolidated contracts.
Sec. 874. Small business integration working group.
Sec. 875. Demonstration of commercial due diligence for small business
programs.
Sec. 876. Development and assessment of mission effectiveness metrics.
Subtitle G--Other Matters
Sec. 881. Technical correction to effective date of the transfer of
certain title 10 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance
into program classification guides and program protection
plans.
Subtitle A--Acquisition Policy and Management
SEC. 801. WRITING AWARD TO ENCOURAGE CURIOSITY AND PERSISTENCE IN
OVERCOMING OBSTACLES IN ACQUISITION.
(a) In General.--Chapter 87 of title 10, United States Code, is
amended by inserting after section 1742 the following new section:
``Sec. 1743. Awards to recognize members of the acquisition workforce
``(a) Establishment.--The President of the Defense Acquisition
University shall establish two programs to provide awards to recognize
members of the acquisition workforce as follows:
``(1) An award of not more than $5,000 to such members who use
an iterative writing process to document a first-hand account of
using independent judgment to overcome an obstacle the member faced
while working within the defense acquisition system (as defined in
section 3001 of this title).
``(2) An award of not more than $5,000 to such members who make
the best use of the flexibilities and authorities granted by the
Federal Acquisition Regulation and Department of Defense
Instruction 5000.02 (Operation of the Defense Acquisition System).
``(b) Number of Awards.--
``(1) In general.--The President of the Defense Acquisition
University may make not more than five awards under subsection
(a)(1) and one award under subsection (a)(2) each year.
``(2) Limitation.--A member of the acquisition workforce may
receive one award each year.
``(c) Requirements for Writing Award.--
``(1) Submission required.--A member of the acquisition
workforce desiring an award under subsection (a)(1) shall submit to
the President of the Defense Acquisition University the first-hand
account described in such subsection. Such first-hand account shall
demonstrate--
``(A) an original and engaging idea documenting the use of
independent judgment to overcome an obstacle the recipient
faced while working within the defense acquisition system; and
``(B) the use of an iterative writing process, including
evidence of--
``(i) critical thinking;
``(ii) incorporation of feedback from diverse
perspectives; and
``(iii) editing to achieve plain writing (as defined in
section 3 of the Plain Writing Act of 2010 (5 U.S.C. 301
note)).
``(2) Website.--The President of the Defense Acquisition
University shall establish and maintain a website to serve as a
repository for submissions made under paragraph (1). Such website
shall allow for public comments and discussion.
``(d) Requirements for Flexibility Award.--A member of the
acquisition workforce desiring an award under subsection (a)(2) shall
submit to the President of the Defense Acquisition University
documentation that such member uses approaches to program management
that emphasize innovation and local adaptation, including the use of--
``(1) simplified acquisition procedures;
``(2) inherent flexibilities within the Federal Acquisition
Regulation;
``(3) commercial contracting approaches;
``(4) public-private partnership agreements and practices;
``(5) cost-sharing arrangements;
``(6) innovative contractor incentive practices; or
``(7) other innovative implementations of acquisition
flexibilities.
``(e) Funding.--The Secretary of Defense shall use funds from the
Defense Acquisition Workforce Development Account to carry out this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after section 1742 the following
new item:
``1743. Awards to recognize members of the acquisition workforce.''.
(c) Conforming Amendment.--Section 834 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2285; 10 U.S.C. 1701a note) is repealed.
SEC. 802. TASK AND DELIVERY ORDER CONTRACTING FOR ARCHITECTURAL AND
ENGINEERING SERVICES.
Section 3406 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Architectural and Engineering Services.--
``(1) Qualification-based selections required.--Task or
delivery orders for architectural and engineering services issued
under section 3403 or 3405 of this title shall be qualification-
based selections executed in accordance with chapter 11 of title
40.
``(2) Multiple award contracts.--When issuing a task or
delivery order for architectural and engineering services under a
multiple award contract, the head of an agency may not routinely
request additional information relating to qualifications from the
contractor for such multiple award contract.''.
SEC. 803. DATA REQUIREMENTS FOR COMMERCIAL PRODUCTS FOR MAJOR
WEAPON SYSTEMS.
(a) Amendments Relating to Subsystems of Major Weapons Systems.--
Section 3455(b) of title 10, United States Code is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B);
(2) by inserting ``(1)'' before ``A subsystem of a major weapon
system''; and
(3) by adding at the end the following new paragraph:
``(2)(A) For a subsystem proposed as commercial (as defined in
section 103(1) of title 41) and that has not been previously determined
commercial in accordance with section 3703(d) of this title, the
offeror shall--
``(i) identify the comparable commercial product the offeror
sells to the general public or nongovernmental entities that serves
as the basis for the `of a type' assertion;
``(ii) submit to the contracting officer a comparison necessary
to serve as the basis of the `of a type' assertion of the physical
characteristics and functionality between the subsystem and the
comparable commercial product identified under clause (i); and
``(iii) provide to the contracting officer the National Stock
Number for both the comparable commercial product identified under
clause (i), if one is assigned, and the subsystem, if one is
assigned.
``(B) If the offeror does not sell a comparable commercial product
to the general public or nongovernmental entities for purposes other
than governmental purposes that can serve as the basis for an `of a
type' assertion with respect to the subsystem--
``(i) the offeror shall--
``(I) notify the contracting officer in writing that it
does not so sell such a comparable commercial product; and
``(II) provide to the contracting officer a comparison
necessary to serve as the basis of the `of a type' assertion of
the physical characteristics and functionality between the
subsystem and the most comparable commercial product in the
commercial marketplace, to the extent reasonably known by the
offeror; and
``(ii) subparagraph (A) shall not apply with respect to the
offeror for such subsystem.''.
(b) Amendment Relating to Components and Spare Parts.--Section
3455(c)(2) of such title is amended to read as follows:
``(2)(A) For a component or spare part proposed as commercial (as
defined in section 103(1) of title 41) and that has not previously been
determined commercial in accordance with section 3703(d) of this title,
the offeror shall--
``(i) identify the comparable commercial product the offeror
sells to the general public or nongovernmental entities that serves
as the basis for the `of a type' assertion;
``(ii) submit to the contracting officer a comparison necessary
to serve as the basis of the `of a type' assertion of the physical
characteristics and functionality between the component or spare
part and the comparable commercial product identified under clause
(i); and
``(iii) provide to the contracting officer the National Stock
Number for both the comparable commercial product identified under
clause (i), if one is assigned, and the component or spare part, if
one is assigned.
``(B) If the offeror does not sell a comparable commercial product
to the general public or nongovernmental entities for purposes other
than governmental purposes that can serve as the basis for an `of a
type' assertion with respect to the component or spare part--
``(i) the offeror shall--
``(I) notify the contracting officer in writing that it
does not so sell such a comparable commercial product; and
``(II) provide to the contracting officer a comparison
necessary to serve as the basis of the `of a type' assertion of
the physical characteristics and functionality between the
component or spare part and the most comparable commercial
product in the commercial marketplace, to the extent reasonably
known by the offeror; and
``(ii) subparagraph (A) shall not apply with respect to the
offeror for such component or spare part.''.
(c) Amendments Relating to Information Submitted.--Section 3455(d)
of such title is amended--
(1) in the subsection heading, by inserting after ``Submitted''
the following: ``for Procurements That Are Not Covered by the
Exceptions in Section 3703(a)(1) of This Title'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``the contracting officer shall require the offeror to submit--
'' and inserting ``the offeror shall, in accordance with
paragraph (4), submit to the contracting officer or provide the
contracting officer access to--'';
(B) in subparagraph (A)--
(i) by inserting ``a representative sample, as
determined by the contracting officer, of the'' before
``prices paid''; and
(ii) by inserting ``, and the terms and conditions of
such sales'' after ``Government and commercial customers'';
(C) in subparagraph (B), by striking ``information on--''
and all that follows and inserting the following: ``a
representative sample, as determined by the contracting
officer, of the prices paid for the same or similar commercial
products sold under different terms and conditions, and the
terms and conditions of such sales; and''; and
(D) in subparagraph (C)--
(i) by inserting ``only'' before ``if the contracting
officer''; and
(ii) by inserting after ``reasonableness of price'' the
following: ``because either the comparable commercial
products provided by the offeror are not a valid basis for
a price analysis or the contracting officer determines the
proposed price is not reasonable after evaluating sales
data, and the contracting officer receives the approval
described in paragraph (5)''; and
(3) by adding at the end the following new paragraphs:
``(4)(A) An offeror may redact data information submitted or made
available under subparagraph (A) or (B) of paragraph (1) with respect
to sales of an item acquired under this section only to the extent
necessary to remove information individually identifying government
customers, commercial customers purchasing such item for governmental
purposes, and commercial customers purchasing such item for commercial,
mixed, or unknown purposes.
``(B) Before an offeror may exercise the authority under
subparagraph (A) with respect to a customer, the offeror shall certify
in writing to the contracting officer whether the customer is a
government customer, a commercial customer purchasing the item for
governmental purpose, or a commercial customer purchasing the item for
a commercial, mixed, or unknown purpose.
``(5) A contracting officer may not require an offeror to submit or
make available information under paragraph (1)(C) without approval from
a level above the contracting officer.
``(6) Nothing in this subsection shall relieve an offeror of other
obligations under any other law or regulation to disclose and support
the actual rationale of the offeror for the price proposed by the
offeror to the Government for any good or service.''.
(d) Applicability.--Section 3455 of such title is amended by adding
at the end the following new subsection:
``(g) Applicability.--
``(1) In general.--Subsections (b) and (c) shall apply only
with respect to subsystems described in subsection (b) and
components or spare parts described in subsection (c),
respectively, that the Department of Defense acquires through--
``(A) a prime contract;
``(B) a modification to a prime contract; or
``(C) a subcontract described in paragraph (2).
``(2) Subcontract described.--A subcontract described in this
paragraph is a subcontract through which the Department of Defense
acquires a subsystem or component or spare part proposed as
commercial (as defined in section 103(1) of title 41) under this
section and that has not previously been determined commercial in
accordance with section 3703(d).''.
SEC. 804. REVISION OF AUTHORITY FOR PROCEDURES TO ALLOW RAPID
ACQUISITION AND DEPLOYMENT OF CAPABILITIES NEEDED UNDER SPECIFIED
HIGH-PRIORITY CIRCUMSTANCES.
(a) Revision and Codification of Rapid Acquisition Authority.--
Chapter 253 of part V of title 10, United States Code, is amended to
read as follows:
``CHAPTER 253--RAPID ACQUISITION PROCEDURES
``Sec.
``3601. Procedures for urgent acquisition and deployment of capabilities
needed in response to urgent operational needs or vital
national security interest.
``Sec. 3601. Procedures for urgent acquisition and deployment of
capabilities needed in response to urgent operational needs or
vital national security interest
``(a) Procedures.--
``(1) In general.--The Secretary of Defense shall prescribe
procedures for the urgent acquisition and deployment of
capabilities needed in response to urgent operational needs. The
capabilities for which such procedures may be used in response to
an urgent operational need are those--
``(A) that, subject to such exceptions as the Secretary
considers appropriate for purposes of this section--
``(i) can be fielded within a period of two to 24
months;
``(ii) do not require substantial development effort;
``(iii) are based on technologies that are proven and
available; and
``(iv) can appropriately be acquired under fixed-price
contracts; or
``(B) that can be developed or procured under a section 804
rapid acquisition pathway.
``(2) Definition.--In this section, the term `section 804 rapid
acquisition pathway' means the rapid fielding acquisition pathway
or the rapid prototyping acquisition pathway authorized under
section 804 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 3201 prec.).
``(b) Matters to Be Included.--The procedures prescribed under
subsection (a) shall include the following:
``(1) A process for streamlined communications between the
Chairman of the Joint Chiefs of Staff, the acquisition community,
and the research and development community, including--
``(A) a process for the commanders of the combatant
commands and the Chairman of the Joint Chiefs of Staff to
communicate their needs to the acquisition community and the
research and development community; and
``(B) a process for the acquisition community and the
research and development community to propose capabilities that
meet the needs communicated by the combatant commands and the
Chairman of the Joint Chiefs of Staff.
``(2) Procedures for demonstrating, rapidly acquiring, and
deploying a capability proposed pursuant to paragraph (1)(B),
including--
``(A) a process for demonstrating and evaluating for
current operational purposes the performance of the capability;
``(B) a process for developing an acquisition and funding
strategy for the deployment of the capability; and
``(C) a process for making deployment and utilization
determinations based on information obtained pursuant to
subparagraphs (A) and (B).
``(3) A process to determine the disposition of a capability,
including termination (demilitarization or disposal), continued
sustainment, or transition to a program of record.
``(4) Specific procedures in accordance with the guidance
developed under section 804(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 3201 prec.).
``(c) Response to Combat Emergencies and Certain Urgent Operational
Needs.--
``(1) Determination of need for urgent acquisition and
deployment.--(A) In the case of any capability that, as determined
in writing by the Secretary of Defense, is urgently needed to
eliminate a documented deficiency that has resulted in combat
casualties, or is likely to result in combat casualties, the
Secretary may use the procedures developed under this section in
order to accomplish the urgent acquisition and deployment of the
needed capability.
``(B) In the case of any capability that, as determined in
writing by the Secretary of Defense, is urgently needed to
eliminate a documented deficiency that impacts an ongoing or
anticipated contingency operation and that, if left unfulfilled,
could potentially result in loss of life or critical mission
failure, the Secretary may use the procedures developed under this
section in order to accomplish the urgent acquisition and
deployment of the needed capability.
``(C)(i) In the case of any cyber capability that, as
determined in writing by the Secretary of Defense, is urgently
needed to eliminate a deficiency that as the result of a cyber
attack has resulted in critical mission failure, the loss of life,
property destruction, or economic effects, or if left unfilled is
likely to result in critical mission failure, the loss of life,
property destruction, or economic effects, the Secretary may use
the procedures developed under this section in order to accomplish
the urgent acquisition and deployment of the needed offensive or
defensive cyber capability.
``(ii) In this subparagraph, the term `cyber attack' means a
deliberate action to alter, disrupt, deceive, degrade, or destroy
computer systems or networks or the information or programs
resident in or transiting these systems or networks.
``(2) Designation of senior official responsible.--(A)(i)
Except as provided under clause (ii), whenever the Secretary of
Defense makes a determination under subparagraph (A), (B), or (C)
of paragraph (1) that a capability is urgently needed to eliminate
a deficiency described in that subparagraph, the Secretary shall
designate a senior official of the Department of Defense to ensure
that the needed capability is acquired and deployed as quickly as
possible, with a goal of awarding a contract for the acquisition of
the capability within 15 days.
``(ii) Clause (i) does not apply to an acquisition initiated in
the case of a determination by the Secretary of Defense that funds
are necessary to immediately initiate a project under a section 804
rapid acquisition pathway if the designated official for
acquisitions using such pathway is a service acquisition executive.
``(B) Upon designation of a senior official under subparagraph
(A) with respect to a needed capability, the Secretary shall
authorize that senior official to waive any provision of law or
regulation described in subsection (d) that such senior official
determines in writing would unnecessarily impede the urgent
acquisition and deployment of such capability. In a case in which
such capability cannot be acquired without an extensive delay, the
senior official shall require that an interim solution be
implemented and deployed using the procedures developed under this
section to minimize adverse consequences resulting from the urgent
need.
``(3) Use of funds.--(A) Subject to subparagraph (C), in any
fiscal year in which the Secretary of Defense makes a determination
described in subparagraph (A), (B), or (C) of paragraph (1) with
respect to a capability, or upon the Secretary making a
determination that funds are necessary to immediately initiate a
project under a section 804 rapid acquisition pathway based on a
compelling national security need, the Secretary may use any funds
available to the Department of Defense to urgently acquire and
deploy such capability or immediately initiate such project,
respectively, if the determination includes a written finding that
the use of such funds is necessary to address in a timely manner
the deficiency documented or identified under such subparagraph
(A), (B), or (C) or the compelling national security need
identified for purposes of such section 804 pathway, respectively.
``(B) The authority provided by this section may only be used
to acquire capability--
``(i) in the case of determinations by the Secretary under
paragraph (1)(A), in an amount aggregating not more than
$200,000,000 during any fiscal year;
``(ii) in the case of determinations by the Secretary under
paragraph (1)(B), in an amount aggregating not more than
$200,000,000 during any fiscal year;
``(iii) in the case of determinations by the Secretary
under paragraph (1)(C), in an amount aggregating not more than
$200,000,000 during any fiscal year; and
``(iv) in the case of a determination by the Secretary that
funds are necessary to immediately initiate a project under a
section 804 rapid acquisition pathway, in an amount aggregating
not more than $50,000,000 during any fiscal year.
``(C) In exercising the authority under this section--
``(i) none of the amounts appropriated for Operation and
Maintenance may be used to carry out this section except for
amounts appropriated for--
``(I) Operation and Maintenance, Defense-wide;
``(II) Operation and Maintenance, Army;
``(III) Operation and Maintenance, Navy;
``(IV) Operation and Maintenance, Marine Corps;
``(V) Operation and Maintenance, Air Force; or
``(VI) Operation and Maintenance, Space Force; and
``(ii) when funds are utilized for sustainment purposes,
this authority may not be used for more than 2 years.
``(4) Notification to congressional defense committees.--(A) In
the case of a determination by the Secretary of Defense under
subparagraph (A) or (C) of paragraph (1), the Secretary shall
notify the congressional defense committees of the determination
within 15 days after the date of the determination.
``(B) In the case of a determination by the Secretary under
paragraph (1)(B), the Secretary shall notify the congressional
defense committees of the determination at least 10 days before the
date on which the determination is effective.
``(C) In the case of a determination by the Secretary under
paragraph (3)(A) that funds are necessary to immediately initiate a
project under a section 804 rapid acquisition pathway, the
Secretary shall notify the congressional defense committees of the
determination within 10 days after the date of the use of such
funds.
``(D) A notice under this paragraph shall include the
following:
``(i) Identification of the capability to be acquired.
``(ii) The amount anticipated to be expended for the
acquisition.
``(iii) The source of funds for the acquisition.
``(E) A notice under this paragraph shall fulfill any
requirement to provide notification to Congress for a program
(referred to as a `new start program') that has not previously been
specifically authorized by law or for which funds have not
previously been appropriated.
``(F) A notice under this paragraph shall be provided in
consultation with the Director of the Office of Management and
Budget.
``(5) Limitation on officers with authority.--The authority to
make determinations under subparagraph (A), (B), or (C) of
paragraph (1) and under paragraph (3)(A) that funds are necessary
to immediately initiate a project under a section 804 rapid
acquisition pathway, to designate a senior official responsible
under paragraph (3), and to provide notification to the
congressional defense committees under paragraph (4) may be
exercised only by the Secretary of Defense or the Deputy Secretary
of Defense.
``(d) Authority to Waive Certain Laws and Regulations.--
``(1) Authority.--Following a determination described in
subsection (c)(1), the senior official designated in accordance
with subsection (c)(2), with respect to that designation, may waive
any provision of law or regulation addressing--
``(A) the establishment of a requirement or specification
for the capability to be acquired;
``(B) the research, development, test, and evaluation of
the capability to be acquired;
``(C) the production, fielding, and sustainment of the
capability to be acquired; or
``(D) the solicitation, selection of sources, and award of
the contracts for procurement of the capability to be acquired.
``(2) Limitations.--Nothing in this subsection authorizes the
waiver of--
``(A) the requirements of this section;
``(B) any provision of law imposing civil or criminal
penalties; or
``(C) any provision of law governing the proper expenditure
of appropriated funds.
``(e) Operational Assessments.--
``(1) In general.--The process prescribed under subsection
(b)(2)(A) for demonstrating and evaluating for current operational
purposes the performance of a capability proposed pursuant to
subsection (b)(1)(B) shall include the following:
``(A) An operational assessment in accordance with
procedures prescribed by the Director of Operational Test and
Evaluation.
``(B) A requirement to provide information about any
deficiency of the capability in meeting the original
requirements for the capability (as stated in a statement of
the urgent operational need or similar document) to the
deployment decision-making authority.
``(2) Limitation.--The process prescribed under subsection
(b)(2)(A) may not include a requirement for any deficiency of
capability identified in the operational assessment to be the
determining factor in deciding whether to deploy the capability.
``(3) Director of operational test and evaluation access.--If a
capability is deployed under the procedures prescribed pursuant to
this section, or under any other authority, before operational test
and evaluation of the capability is completed, the Director of
Operational Test and Evaluation shall have access to operational
records and data relevant to such capability in accordance with
section 139(e)(3) of this title for the purpose of completing
operational test and evaluation of the capability. Such access
shall be provided in a time and manner determined by the Secretary
of Defense consistent with requirements of operational security and
other relevant operational requirements.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle A, and at the beginning of part V of subtitle A, of title 10,
United States Code, are each amended by striking the item relating to
chapter 253 and inserting the following:
``253. Rapid Acquisition Procedures..............................3601''.
(c) Conforming Repeals.--The following provisions of law are
repealed:
(1) Section 804 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 3201 note prec.).
(2) Section 806 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 3201 note
prec.).
(d) Additional Conforming Amendments.--
(1) Section 2216a(c) of title 10, United States Code, is
amended by striking ``section 804(b) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2302
note)'' and inserting ``Department of Defense Instruction 5000.81
(or any successor instruction), dated December 31, 2019, and titled
`Urgent Capability Acquisition'''.
(2) Section 8074 of title VIII of the Department of Defense
Appropriations Act, 2022 (division C of Public Law 117-103; 136
Stat. 193) is amended by striking ``under section 806(c)(4) of the
Bob Stump National Defense Authorization Act for Fiscal Year 2003
(10 U.S.C. 2302 note)'' and inserting ``under section 3601(c)(4) of
title 10, United States Code,''.
(3) Section 851(f) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 10 U.S.C 3201 note prec.) is amended by
striking ``under section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2302 note)'' and inserting ``under section 3601 of title 10,
United States Code''.
(4) Section 231(c)(1)(A) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 139 note) is amended by striking ``section 806 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003 (10
U.S.C. 2302 note)'' and inserting ``section 3601 of title 10,
United States Code''.
SEC. 805. TREATMENT OF CERTAIN CLAUSES IMPLEMENTING EXECUTIVE
ORDERS.
(a) In General.--Section 3862 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``: certification'';
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following new
subsection:
``(c) Treatment of Certain Clauses Implementing Executive Orders.--
The unilateral insertion of a covered clause into an existing
Department of Defense contract, order, or other transaction by a
contracting officer shall be treated as a change directed by the
contracting officer pursuant to, and subject to, the Changes clause of
the underlying contract, order, or other transaction.''; and
(4) in subsection (d), as redesignated by paragraph (2)--
(A) in the subsection heading, by striking ``Definition''
and inserting ``Definitions'';
(B) by striking ``section, the term'' and inserting the
following: ``section:
``(1) The term''; and
(C) by adding at the end the following new paragraphs:
``(2) The term `Changes clause' means the clause described in
part 52.243-4 of the Federal Acquisition Regulation or any
successor regulation.
``(3) The term `covered clause' means any clause implementing
the requirements of an Executive order issued by the President.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 281 of title 10, United States Code, is amended by striking the
item relating to section 3862 and inserting the following:
``3862. Requests for equitable adjustment or other relief.''.
(c) Conforming Regulations.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall revise the
Department of Defense Supplement to the Federal Acquisition Regulation
to implement the requirements of section 3862 of title 10, United
States Code, as amended by subsection (a).
(d) Conforming Policy Guidance.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense shall
revise applicable policy guidance on other transactions to implement
the requirements of section 3862 of title 10, United States Code, as
amended by subsection (a).
SEC. 806. LIFE CYCLE MANAGEMENT AND PRODUCT SUPPORT.
(a) In General.--Section 4324(b) of title 10, United States Code,
is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5), (6),
(7), and (8) as subparagraphs (A), (B), (C), (D), (E), (F), (G),
and (J), respectively;
(2) by designating the matter preceding subparagraph (A), as so
redesignated, as paragraph (1);
(3) in paragraph (1), as so designated--
(A) in the matter preceding subparagraph (A), as so
redesignated--
(i) by inserting ``In general.--'' before ``Before
granting''; and
(ii) by inserting ``for which the milestone decision
authority has received views from appropriate materiel,
logistics, or fleet representatives'' after ``approved life
cycle sustainment plan'';
(B) by amending subparagraph (G), as so redesignated, to
read as follows:
``(G) an intellectual property management plan for product
support, including requirements for technical data, software,
and modular open system approaches (as defined in section 4401
of this title);'';
(C) by inserting after subparagraph (G), as so
redesignated, the following new subparagraphs:
``(H) an estimate of the number of personnel needed to
operate and maintain the covered system, including military
personnel, Federal employees, contractors, and host nation
support personnel (as applicable);
``(I) a description of opportunities for foreign military
sales; and''; and
(4) by adding at the end of paragraph (1), as so designated,
the following new paragraph:
``(2) Subsequent phases.--Before granting Milestone C approval
(or the equivalent) for the covered system, the milestone decision
authority shall ensure that the life cycle sustainment plan
required by paragraph (1) for such covered system has been updated
to include views received by the milestone decision authority from
appropriate materiel, logistics, or fleet representatives.''.
(b) Milestone C Approval Defined.--Section 4324(d) of title 10,
United States Code, is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) Milestone c approval.--The term `Milestone C approval'
has the meaning given that term in section 4172(e)(8) of this
title.''.
SEC. 807. AMENDMENTS TO CONTRACTOR EMPLOYEE PROTECTIONS FROM
REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION.
(a) Defense Contracts.--Section 4701 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(G), by striking ``or subcontractor''
and inserting ``, subcontractor, grantee, subgrantee, or
personal services contractor''; and
(B) in paragraph (3)(A), by striking ``or subcontractor''
and inserting ``, subcontractor, grantee, subgrantee, or
personal services contractor'';
(2) in subsection (b)(1), by striking ``contractor concerned''
and inserting ``contractor, subcontractor, grantee, subgrantee, or
personal services contractor concerned'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``contractor concerned'' and inserting
``contractor, subcontractor, grantee, subgrantee, or
personal services contractor concerned'';
(ii) in subparagraph (A), by inserting ``,
subcontractor, grantee, subgrantee, or personal services
contractor'' after ``contractor'';
(iii) in subparagraph (B), by inserting ``,
subcontractor, grantee, subgrantee, or personal services
contractor'' after ``contractor'';
(iv) in subparagraph (C), by inserting ``,
subcontractor, grantee, subgrantee, or personal services
contractor'' after ``contractor''; and
(v) by inserting at the end the following new
subparagraph:
``(D) Consider disciplinary or corrective action against
any official of the Department of Defense.''; and
(B) in paragraph (2), by inserting ``, subcontractor,
grantee, subgrantee, or personal services contractor'' after
``contractor'';
(4) in subsection (d), by striking ``and subcontractors'' and
inserting ``, subcontractors, grantees, subgrantees, or personal
services contractors'';
(5) in subsection (e)(2)--
(A) in the matter preceding subparagraph (A), by striking
``or grantee of'' and inserting ``grantee, subgrantee, or
personal services contractor of''; and
(B) in subparagraph (B), by striking ``or grantee'' and
inserting ``grantee, or subgrantee''; and
(6) in subsection (g)(5), by inserting ``or grants'' after
``contracts''.
(b) Civilian Contracts.--Section 4712 of title 41, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or subgrantee'' and
inserting ``subgrantee,'';
(B) in paragraph (2), by striking ``or subgrantee'' and
inserting ``subgrantee, or personal services contractor''; and
(C) in paragraph (3), by striking ``or subgrantee'' and
inserting ``subgrantee, or personal services contractor'';
(2) in subsection (b)(1), by striking ``or subgrantee
concerned'' and inserting ``subgrantee, or personal services
contractor concerned'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``or subgrantee concerned'' and inserting
``subgrantee, or personal services contractor concerned'';
(ii) in subparagraph (A), by striking ``or subgrantee''
and inserting ``subgrantee, or personal services
contractor'';
(iii) in subparagraph (B), by striking ``or
subgrantee'' and inserting ``subgrantee, or personal
services contractor'';
(iv) in subparagraph (C), by striking ``or subgrantee''
and inserting ``subgrantee, or personal services
contractor''; and
(v) by inserting at the end the following new
subparagraph:
``(D) Consider disciplinary or corrective action against any
official of the executive agency, if appropriate.''; and
(B) in paragraph (2), by striking ``or subgrantee'' and
inserting ``subgrantee, or personal services contractor'';
(4) in subsection (d), by striking ``and subgrantees'' and
inserting ``subgrantees, and personal services contractors''; and
(5) in subsection (f), by striking ``or subgrantee'' each place
it appears and inserting ``subgrantee, or personal services
contractor''.
SEC. 808. USE OF FIXED-PRICE TYPE CONTRACTS FOR CERTAIN MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) In General.--Section 818 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) is amended
by adding at the end the following new subsection:
``(f) Conditions With Respect to Certain Low-rate Initial
Production.--
``(1) In general.--The number of low-rate initial production
lots associated with a major defense acquisition program may not be
more than one if--
``(A) the milestone decision authority authorizes the use
of a fixed-price type contract at the time of a decision on
Milestone B approval; and
``(B) the scope of the work of the fixed-price type
contract includes both the development and low-rate initial
production of items for such major defense acquisition program.
``(2) Waiver.--The limitation in paragraph (1) may be waived by
the applicable service acquisition executive or a designee of such
executive if--
``(A) such waiver authority is not delegated to the level
of the contracting officer; and
``(B) written notification of a granted waiver, including
the associated rationale, is provided to the congressional
defense committees not later than 30 days after issuance of the
waiver.
``(3) Definitions.--In this subsection:
``(A) The term `low-rate initial production' has the
meaning given under section 4231 of title 10, United States
Code.
``(B) The term `milestone decision authority' has the
meaning given in section 4211 of title 10, United States Code.
``(C) The term `major defense acquisition program' has the
meaning given in section 4201 of title 10, United States Code.
``(D) The term `Milestone B approval' has the meaning given
in section 4172(e) of title 10, United States Code.''.
(b) Modification of Regulations.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense shall
revise the Department of Defense Supplement to the Federal Acquisition
Regulation and any applicable regulations regarding the use of fixed-
price type contracts for a major defense acquisition program (as
defined in section 4201 of title 10, United States Code) to carry out
this section and the amendments made by this section.
SEC. 809. ACQUISITION REPORTING SYSTEM.
(a) In General.--The Secretary of Defense shall institute a defense
acquisition reporting system to replace the requirements of section
4351 of title 10, United States Code, as soon as practicable but not
later than June 30, 2023.
(b) Elements.--The reporting system required under subsection (a)
shall--
(1) produce the information necessary to carry out the actions
specified in chapter 325 of title 10, United States Code;
(2) produce the information necessary to carry out the actions
specified in sections 4217 and 4311 of the Atomic Energy Defense
Act (50 U.S.C. 2537, 2577);
(3) incorporate--
(A) the lessons learned from the demonstration carried out
under subsection (b) of section 805 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1816); and
(B) the plans required under subsection (c) of such section
(Public Law 117-81; 135 Stat. 1817);
(4) provide the congressional defense committees and other
designated Government entities with access to acquisition reporting
that is updated on a not less than quarterly basis; and
(5) include such other information and functions as the
Secretary of Defense determines appropriate to support the
acquisition reporting needs of the Department of Defense.
(c) Conforming Amendments.--The Atomic Energy Defense Act (50
U.S.C. 2501 et seq.) is amended--
(1) in section 4217(a)(2), by inserting ``or any successor
system,'' after ``United States Code,''; and
(2) in section 4311(a)(2), by inserting ``or any successor
system,'' after ``United States Code,''.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. INCLUSION IN BUDGET JUSTIFICATION MATERIALS OF ENHANCED
REPORTING ON PROPOSED CANCELLATIONS AND MODIFICATIONS TO
MULTIYEAR CONTRACTS.
Section 239c(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) through (4) as paragraphs
(2) through (5), respectively; and
(2) by inserting before paragraph (2), as so redesignated, the
following new paragraph:
``(1) A detailed explanation of the rationale for the proposed
cancellation or covered modification of the multiyear contract.''.
SEC. 812. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS
AND RELATED EFFORTS.
(a) In General.--Section 3072 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``initiatives'' and
inserting ``efforts'';
(2) by striking ``initiatives'' each place it appears and
inserting ``efforts'';
(3) in subsection (a), by striking ``through 2023'' and
inserting ``through 2026''; and
(4) in subsection (c), in the subsection heading, by striking
``Initiatives'' and inserting ``Efforts''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 203 of title 10, United States Code, is amended in the item
relating to section 3072 by striking ``initiatives'' and inserting
``efforts''.
SEC. 813. EXTENSION OF DEFENSE MODERNIZATION ACCOUNT AUTHORITY.
Section 3136 of title 10, United States Code, is amended by
striking subsection (j).
SEC. 814. CLARIFICATION TO FIXED-PRICE INCENTIVE CONTRACT
REFERENCES.
(a) Authority to Acquire Innovative Commercial Products and
Commercial Services Using General Solicitation Competitive
Procedures.--Section 3458(c)(2) of title 10, United States Code, is
amended by striking ``fixed-price incentive fee contracts'' and
inserting ``fixed-price incentive contracts''.
(b) Contractor Incentives to Achieve Savings and Improve Mission
Performance.--Section 832 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1746 note) is amended
by striking ``fixed-price incentive fee contracts'' and inserting
``fixed-price incentive contracts''.
SEC. 815. MODIFICATION OF REPORTING REQUIREMENT IN CONNECTION WITH
REQUESTS FOR MULTIYEAR PROCUREMENT AUTHORITY FOR LARGE DEFENSE
ACQUISITIONS.
Section 3501(i)(2) of title 10, United States Code, is amended--
(1) by striking ``shall include'' and all that follows through
``(A) A report'' and inserting ``shall include in the request a
report''; and
(2) by striking subparagraph (B).
SEC. 816. MODIFICATION OF PROVISION RELATING TO DETERMINATION OF
CERTAIN ACTIVITIES WITH UNUSUALLY HAZARDOUS RISKS.
Section 1684 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) is amended--
(1) in subsection (a), by striking ``2022 and 2023'' and
inserting ``2022 through 2024''; and
(2) in subsection (b), by striking ``September 30, 2023'' and
inserting ``September 30, 2024''.
SEC. 817. MODIFICATION TO PROHIBITION ON OPERATION OR PROCUREMENT
OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Section 848 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 4871 note) is
amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(2) by inserting after subsection (a) the following new
subsection:
``(b) Prohibition on Certain Contracts.--The Secretary of Defense
may not enter into a contract (or extend or renew a contract) on or
after October 1, 2024, with an entity that operates (as determined by
the Secretary or the Secretary's designee) equipment from a covered
unmanned aircraft system company in the performance of a Department of
Defense contract.'';
(3) in subsection (c) (as so redesignated), by striking ``the
restriction under subsection (a) if the operation or procurement''
and inserting ``any restrictions under subsection (a) or (b) if the
operation, procurement, or contracting action'';
(4) in subsection (d) (as so redesignated)--
(A) by inserting ``(or the Secretary's designee)'' after
``The Secretary of Defense'';
(B) by striking ``the restriction'' and all that follows
through ``basis'' inserting ``any restrictions under
subsections (a) or (b)''; and
(C) by striking ``operation or procurement'' and inserting
``operation, procurement, or contracting action''; and
(5) in subsection (e) (as so redesignated)--
(A) by amending paragraph (1) to read as follows:
``(1) Covered foreign country.--The term `covered foreign
country' means any of the following:
``(A) the People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of Korea.''; and
(B) by adding at the end the following new paragraph:
``(3) Covered unmanned aircraft system company.--The term
`covered unmanned aircraft system company' means any of the
following:
``(A) Da-Jiang Innovations (or any subsidiary or affiliate
of Da-Jiang Innovations).
``(B) Any entity that produces or provides unmanned
aircraft systems and is included on Consolidated Screening List
maintained by the International Trade Administration of the
Department of Commerce.
``(C) Any entity that produces or provides unmanned
aircraft systems and--
``(i) is domiciled in a covered foreign country; or
``(ii) is subject to unmitigated foreign ownership,
control or influence by a covered foreign country, as
determined by the Secretary of Defense unmitigated foreign
ownership, control or influence in accordance with the
National Industrial Security Program (or any successor to
such program).''.
(b) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue policy to--
(1) implement the requirements of section 848 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92;
10 U.S.C. 4871 note), as amended by this section, including by
establishing a due diligence process for the Department of Defense
to make determinations required by subsection (b) of such section
848 (as amended by this section); and
(2) establish an appeal process for any offerors or awardees
with which the Secretary has not entered into a contract or has not
extended or renewed a contract pursuant to subsection (b) of such
section 848 (as amended by this section).
SEC. 818. EXTENSION OF PILOT PROGRAM TO ACCELERATE CONTRACTING AND
PRICING PROCESSES.
Section 890 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232), as most recently amended
by section 1831(j)(7) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-238; 134
Stat. 4217), is further amended--
(1) in subsection (a)(2), by striking ``of'' before ``chapter
271''; and
(2) in subsection (c), by striking ``January 2, 2023'' and
inserting ``January 2, 2024''.
SEC. 819. EXTENSION OF PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND
SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.
Section 883 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 4292 note prec.) is amended--
(1) in subsection (a), by striking ``six-year pilot program''
and inserting ``seven-year pilot program''; and
(2) in subsection (g), by striking ``six years'' and inserting
``seven years''.
SEC. 820. EXTENSION AND MODIFICATION OF NEVER CONTRACT WITH THE
ENEMY.
Subtitle E of title VIII of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 10 U.S.C. 4871 note prec.) is amended--
(1) in section 841--
(A) in subsection (i)(1)--
(i) in the matter preceding subparagraph (A), by
striking ``2016, 2017, and 2018'' and inserting ``2023, and
annually thereafter''; and
(ii) by adding at the end the following new
subparagraphs:
``(C) Specific examples where the authorities under this
section can not be used to mitigate national security threats
posed by vendors supporting Department operations because of
the restriction on using such authorities only with respect to
contingency operations.
``(D) A description of the policies ensuring that oversight
of the use of the authorities in this section is effectively
carried out by a single office in the Office of the Under
Secretary of Defense for Acquisition and Sustainment.''; and
(B) in subsection (n), by striking ``December 31, 2023''
and inserting ``December 31, 2025''; and
(2) in section 842(b)(1), by striking ``2016, 2017, and 2018''
and inserting ``2023, 2024, and 2025''.
SEC. 821. REPEAL OF REQUIREMENT FOR INSPECTOR GENERAL OF THE
DEPARTMENT OF DEFENSE TO CONDUCT CERTAIN REVIEWS.
Section 847(b) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 1701 note) is amended--
(1) by striking ``Requirement.--'' and all that follows through
``Each request'' and inserting ``Requirement.--Each request''; and
(2) by striking paragraph (2).
SEC. 822. MODIFICATION OF CONTRACTS TO PROVIDE EXTRAORDINARY RELIEF
DUE TO INFLATION IMPACTS.
(a) Contract Modification Authority.--The first section of Public
Law 85-804 (50 U.S.C. 1431) is amended--
(1) by striking ``That the President'' and inserting the
following:
``Section 1. (a) That the President'';
(2) by striking ``an amount in excess of $50,000'' and
inserting ``an amount in excess of $500,000'';
(3) by striking ``any amount in excess of $25,000,000'' and
inserting ``an amount in excess of $150,000,000''; and
(4) by inserting after subsection (a) (as added by paragraph
(1)) the following new subsections:
``(b) Temporary Authority to Modify Certain Contracts and Options
Based on the Impacts of Inflation.--Only amounts specifically provided
by an appropriations Act for the purposes detailed in subsections (c)
and (d) of this section may be used by the Secretary of Defense to
carry out such subsections.
``(c)(1) The Secretary of Defense, acting pursuant to a
Presidential authorization under subsection (a) and in accordance with
subsection (b)--
``(A) may, notwithstanding subsection (e) of section 2 of this
Act (50 U.S.C. 1432(e)), make an amendment or modification to an
eligible contract when, due solely to economic inflation, the cost
to a prime contractor of performing such eligible contract is
greater than the price of such eligible contract; and
``(B) may not request consideration from such prime contractor
for such amendment or modification.
``(2) A prime contractor may submit to the Secretary of Defense a
request for an amendment or modification to an eligible contract
pursuant to subsection (a) when, due solely to economic inflation, the
cost to a covered subcontractor of performing an eligible subcontract
is greater than the price of such eligible subcontract. Such request
shall include a certification that the prime contractor--
``(A) will remit to such covered subcontractor the difference,
if any, between the original price of such eligible contract and
the price of such eligible contract if the Secretary of Defense
makes an amendment or modification pursuant to subsection (a); and
``(B) will not require such covered subcontractor to pay
additional consideration or fees related to such amendment or
modification.
``(3) If a prime contractor does not make the request described in
paragraph (2), a covered subcontractor may submit to a contracting
officer of the Department of Defense a request for an amendment or
modification to an eligible subcontract when, due solely to economic
inflation, the cost to such covered subcontractor of performing such
eligible subcontract is greater than the price of such eligible
subcontract.
``(d) Any adjustment or modification made pursuant to subsection
(c) to an eligible contract or an eligible subcontract shall--
``(1) be contingent upon the continued performance, as
applicable, of such eligible contract or such eligible subcontract;
and
``(2) account only for the actual cost of performing such
eligible contract or such eligible subcontract, but may account for
indirect costs of performance, as the Secretary of Defense
determines appropriate.
``(e) The authority under subsections (c) and (d) shall be
effective during the period beginning on the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2023 and ending
on December 31, 2023.
``(f) In this section:
``(1) The term `covered subcontractor' means a subcontractor
who has entered into an eligible subcontract with a prime
contractor.
``(2) The term `eligible contract' means a contract awarded to
a prime contractor by the Secretary of Defense pursuant to
subsection (a).
``(3) The term `eligible subcontract' means a subcontract made
under an eligible contract to a covered subcontractor.''.
(b) Guidance.--Not later than 90 days after the date of the
enactment of an Act providing appropriations to carry out section 1 of
Public Law 85-804 (50 U.S.C. 1431) (as added by subsection (a)), the
Under Secretary of Defense for Acquisition and Sustainment shall issue
guidance implementing the authority under subsections (b) through (d)
of section 1 of Public Law 85-804 (50 U.S.C. 1431) (as added by
subsection (a)).
Subtitle C--Provisions Relating to Acquisition Workforce
SEC. 831. KEY EXPERIENCES AND ENHANCED PAY AUTHORITY FOR
ACQUISITION WORKFORCE EXCELLENCE.
(a) Participation in the Public-private Talent Exchange Program.--
(1) In general.--Section 1701a(b) of title 10, United States
Code, is amended--
(A) in paragraph (9)(C), by striking ``and'' at the end;
(B) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(11) ensure the participation in the public-private talent
exchange program established under section 1599g of this title of
up to 250 members of the acquisition workforce in each fiscal
year.''.
(2) Technical amendment.--Section 1701a(b)(2) of title 10,
United States Code, is further amended by striking ``as defined''
and all that follows through ``this title'' and inserting ``as
defined in section 3001 of this title''.
(b) Enhanced Pay Authority for Positions in Department of Defense
Field Activities and Defense Agencies.--Section 1701b(e)(2) of title
10, United States Code, is amended to read as follows:
``(2) Number of positions.--The authority in subsection (a) may
not be used at any one time with respect to--
``(A) more than five positions, in total, in Department of
Defense Field Activities and Defense Agencies;
``(B) more than five positions in the Office of the
Secretary of Defense; and
``(C) more than five positions in each military
department.''.
(c) Report on Public-private Talent Exchanges.--Section 1599g of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(k) Report.--Each member of the acquisition workforce that
participates in the program established under this section shall, upon
completion of such participation, submit to the President of the
Defense Acquisition University for inclusion in the report required
under section 1746a(e) a description and evaluation of such
participation.''.
SEC. 832. DEFENSE ACQUISITION UNIVERSITY REFORMS.
(a) In General.--Section 1746 of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) The Secretary of Defense shall ensure the defense acquisition
university structure includes relevant expert lecturers from extramural
institutions (as defined in section 1746a(g) of this title), industry,
or federally funded research and development centers to advance
acquisition workforce competence regarding commercial business
interests, acquisition process-related innovations, and other relevant
leading practices of the private sector.'';
(B) by striking paragraph (3); and
(C) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(2) in subsection (c), by striking ``commercial training
providers'' and inserting ``extramural institutions (as defined in
section 1746a(g) of this title)''; and
(3) by adding at the end the following new subsection:
``(e) President Appointment.--(1) The Under Secretary of Defense
for Acquisition and Sustainment shall appoint the President of the
Defense Acquisition University.
``(2) When determining who to appoint under paragraph (1), the
Under Secretary of Defense for Acquisition and Sustainment shall, in
consultation with the Under Secretary of Defense for Research and
Engineering and the service acquisition executives, prioritize highly
qualified candidates who demonstrate a combination of the following:
``(A) Leadership abilities.
``(B) Experience using leading practices to develop talent in
the private sector.
``(C) Other qualifying factors, including experience with and
an understanding of the defense acquisition system (as defined in
section 3001 of this title), an understanding of emerging
technologies and the defense applications of such technologies,
experience partnering with States, national associations, and
academia, and experience with learning technologies.
``(3) The term of the President of the Defense Acquisition
University shall be not more than five years, unless the Under
Secretary of Defense for Acquisition and Sustainment determines it
necessary to extend the term for up to an additional five years. The
preceding sentence does not apply to the President of the Defense
Acquisition University serving on January 1, 2022.''.
(b) Implementation Report.--Not later than March 1, 2023, the
Secretary of Defense shall submit to the congressional defense
committees a plan to modify the defense acquisition university
structure to comply with section 1746(b)(2) of title 10, United States
Code, as amended by subsection (a). Such plan shall establish a date of
not later than March 1, 2026, for such modification to be completed.
SEC. 833. MODIFICATIONS TO DEFENSE CIVILIAN TRAINING CORPS.
Section 2200g of title 10, United States Code, is amended--
(1) by striking ``For the purposes of'' and all that follows
through ``establish and maintain'' and inserting the following:
``The Secretary of Defense, acting through the Under Secretary for
Defense for Acquisition and Sustainment, shall establish and
maintain'';
(2) by designating the text of such section, as amended by
paragraph (1), as subsection (a); and
(3) by adding at the end the following new subsections:
``(b) Purpose.--The purpose of the Defense Civilian Training Corps
is to target critical skills gaps necessary to achieve the objectives
of the national defense strategies required by section 113(g) of this
title and the national security strategies required by section 108 of
the National Security Act of 1947 (50 U.S.C. 3043) by preparing
students selected for the Defense Civilian Training Corps for
Department of Defense careers relating to acquisition, digital
technologies, critical technologies, science, engineering, finance, and
other civilian occupations determined by the Secretary of Defense.
``(c) Use of Resources and Programs.--The Under Secretary of
Defense for Acquisition and Sustainment may leverage the resources and
programs of the acquisition research organization within a civilian
college or university that is described under section 4142(a) of this
title (commonly referred to as the `Acquisition Innovation Research
Center') to carry out the requirements of this chapter.''.
SEC. 834. ACQUISITION WORKFORCE INCENTIVES RELATING TO TRAINING ON,
AND AGREEMENTS WITH, CERTAIN START-UP BUSINESSES.
(a) Training.--
(1) Curricula.--Not later than one year after the date of the
enactment of this Act, the Director of the Acquisition Innovation
Research Center shall make recommendations on one or more curricula
for members of the acquisition workforce on financing and
operations of start-up businesses, which may include the
development of new curricula, the modification of existing
curricula, or the adoption of curricula from another agency,
academia, or the private sector.
(2) Elements.--Courses under curricula recommended under
paragraph (1) shall be offered with varying course lengths and
level of study.
(3) Incentives.--The Secretary of Defense shall develop a
program to offer incentives to a member of the acquisition
workforce that completes a curriculum developed, modified, or
adopted under paragraph (1).
(4) Additional training materials.--In recommending curricula
under paragraph (1), the Director of the Acquisition Innovation
Research Center shall consider and incorporate appropriate training
materials from university, college, trade-school, or private-sector
curricula in business, law, or public policy.
(b) Exchanges.--
(1) In general.--The Secretary of Defense shall establish a
pilot program under which the Secretary shall, in accordance with
section 1599g of title 10, United States Code, arrange for the
temporary assignment of--
(A) one or more members of the acquisition workforce to a
start-up business; or
(B) an employee of a start-up business to an office of the
Department of Defense.
(2) Priority.--The Secretary shall prioritize for participation
in the pilot program described under paragraph (1)(A) members of
the acquisition workforce who have completed a curriculum required
under paragraph (1).
(3) Termination.--The Secretary may not carry out the pilot
program authorized by this subsection after the date that is three
years after the date of the enactment of this Act.
(c) Conferences.--The Secretary of Defense shall identify existing
conferences sponsored by the Department of Defense that might be
expanded to include opportunities for sharing knowledge and best
practices on software acquisition issues. Such opportunities shall
maximize participation between members of the acquisition workforce,
employees of start-up businesses, and investors in start-up businesses.
(d) Pilot Program.--
(1) Establishment.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Defense shall establish
a pilot program to test the feasibility of innovative approaches to
negotiating and establishing intellectual property and data rights
in agreements with start-up businesses for the procurement of
software and software-embedded systems.
(2) Authority.--To the maximum extent practicable, the
Secretary shall--
(A) ensure that a member of the acquisition workforce who
has completed a curriculum required under subsection (a) is
able to exercise authority to apply an approach described in
paragraph (1); and
(B) provide incentives to such member to exercise such
authority.
(3) Elements.--An approach described in paragraph (1) shall
include the following:
(A) Flexible and tailored requirements relating to the
acquisition and licensing of intellectual property and data
rights in the software and software-embedded systems to be
acquired under the agreement.
(B) An identification and definition of the technical
interoperability standards required for such software and
software-embedded systems.
(C) Flexible mechanisms for access and delivery of code for
such software, including documentation of the costs and
benefits of each such mechanism.
(4) Termination.--The Secretary may not carry out the pilot
program authorized by this subsection after the date that is 5
years after the date of the enactment of this Act.
(e) Definitions.--In this section:
(1) The term ``Acquisition Innovation Research Center'' means
the acquisition research organization within a civilian college or
university that is described under section 4142(a) of title 10,
United States Code.
(2) The term ``acquisition workforce'' has the meaning given in
section 101 of title 10, United States Code.
(3) The term ``start-up business'' means a small business that
has been in existence for 5 years or less.
SEC. 835. CURRICULA ON SOFTWARE ACQUISITIONS AND CYBERSECURITY
SOFTWARE OR HARDWARE ACQUISITIONS FOR COVERED INDIVIDUALS.
(a) Curricula.--The President of the Defense Acquisition
University, shall supplement existing training curricula related to
software acquisitions and cybersecurity software or hardware
acquisitions and offer such curricula to covered individuals to
increase digital literacy related to such acquisitions by developing
the ability of such covered individuals to use technology to identify,
critically evaluate, and synthesize data and information related to
such acquisitions.
(b) Elements.--Curricula developed pursuant to subsection (a) shall
provide information on--
(1) cybersecurity, information technology systems, computer
networks, cloud computing, artificial intelligence, machine
learning, distributed ledger technologies, and quantum
technologies;
(2) cybersecurity threats and capabilities;
(3) activities that encompass the full range of threat
reduction, vulnerability reduction, deterrence, incident response,
resiliency, and recovery policies and activities, including
activities relating to computer network operations, information
assurance, military missions, and intelligence missions to the
extent such activities relate to the security and stability of
cyberspace; and
(4) the industry best practices relating to software
acquisitions and cybersecurity software or hardware acquisitions.
(c) Plan.--Not later than 180 days after enactment of this Act, the
Secretary of Defense, in consultation with the President of the Defense
Acquisition University, shall submit to Congress a comprehensive plan
to implement the curricula developed under subsection (a) that includes
a comparison with similar existing training curricula. Such plan shall
include a list of resources required for and costs associated with such
implementation, including--
(1) curriculum development;
(2) hiring instructors to teach the curriculum;
(3) facilities; or
(4) website development.
(d) Implementation.--Not later than one year after the date on
which the plan described in subsection (d) is submitted to the
Committees on Armed Services of the Senate and House of
Representatives, the President of the Defense Acquisition University
shall offer the curricula developed under subsection (a) to covered
individuals.
(e) Report.--Not later than one year after the date on which the
plan described in subsection (d) is submitted to the Committees on
Armed Services of the Senate and House of Representatives, the
Secretary of Defense, in consultation with the President of the Defense
Acquisition University, shall submit to Congress a report assessing the
costs and benefits of requiring all covered individuals to complete the
curricula developed under subsection (a).
(f) Covered Individuals Defined.--In this section, the term
``covered individuals'' means an individual serving in a position
designated under section 1721(b) of title 10, United States Code, who
is regularly consulted for software acquisitions or cybersecurity
software or hardware acquisitions.
SEC. 836. DEPARTMENT OF DEFENSE NATIONAL IMPERATIVE FOR INDUSTRIAL
SKILLS PROGRAM.
(a) In General.--The Secretary of Defense, acting through the
Industrial Base Analysis and Sustainment program of the Department of
Defense, shall evaluate and further develop workforce development
training programs (as defined by the Secretary of Defense) for training
the skilled industrial workers (as defined by the Secretary of Defense)
that are needed in the defense industrial base through the National
Imperative for Industrial Skills program of the Department of Defense
(or a successor program).
(b) Priorities.--In carrying out this section, the Secretary shall
prioritize workforce development training programs that--
(1) are innovative, lab-based, or experientially-based;
(2) rapidly train skilled industrial workers for employment
with entities in the defense industrial base faster than
traditional workforce development training programs and at the
scale needed to measurably reduce, as rapidly as possible, the
shortages of skilled industrial workers in the defense industrial
base, including modernization of required equipment and training
curricula;
(3) recruit skilled industrial workers who are manufacturing
workers from underrepresented communities;
(4) provide students and skilled industrial workers with the
support needed to successfully participate in the defense
industrial base;
(5) address the specific manufacturing requirements and skills
that are unique to critical industrial sectors of the defense
industrial base as defined by the Secretary of Defense, such as
naval shipbuilding; and
(6) with respect to Federal workforce development training
programs in existence on or before the date of the enactment of
this Act--
(A) maximize the use of such Federal workforce development
training programs; or
(B) expand on the activities of such Federal workforce
development training programs.
Subtitle D--Provisions Relating to Software and Technology
SEC. 841. GUIDELINES AND RESOURCES ON THE ACQUISITION OR LICENSING
OF INTELLECTUAL PROPERTY.
Section 3791 of title 10, United States Code, is amended--
(1) in the section heading, by striking ``department of
defense'' and inserting ``Department of Defense''; and
(2) by adding at the end the following new subsection:
``(c) Guidelines and Resources.--
``(1) In general.--The Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment, shall
develop guidelines and resources on the acquisition or licensing of
intellectual property, including--
``(A) intellectual property strategies and other mechanisms
supporting the use of modular open system approaches (as
defined in section 4401(b) of this title);
``(B) evaluation and negotiation of intellectual property
licenses in competitive and non-competitive awards;
``(C) models and best practices for specially negotiated
licenses, including specially negotiated licenses described in
section 3774(c) of this title; and
``(D) definitions, key terms, examples, and case studies
that clarify differences between--
``(i) detailed manufacturing and process data;
``(ii) form, fit, and function data;
``(iii) data required for operations, maintenance,
installation, and training;
``(iv) modular system interfaces (as defined in section
4401(b) of this title); and
``(v) technical data pertaining to an interface between
an item or process and other items or processes necessary
for the segregation of an item or process from, or the
reintegration of that item or process (or a functionally
equivalent item or process) with, other items or processes.
``(2) Guidelines and resources limit.--The guidelines and
resources developed under paragraph (1) may not alter or affect any
authority or duty under this section or section 1707 of this title.
``(3) Review and consultation.--In developing the guidelines
and resources described in paragraph (1), the Secretary shall--
``(A) review the applicable statutory and regulatory
history, including among the definitions and key terms in
section 3771 of this title, to ensure consistency; and
``(B) regularly consult with appropriate government and
industry persons and organizations.
``(4) Training.--The Secretary of Defense shall ensure that the
acquisition workforce receives training on the guidelines and
resources developed under paragraph (1).''.
SEC. 842. MODIFICATION OF AUTHORITY OF THE DEPARTMENT OF DEFENSE TO
CARRY OUT CERTAIN PROTOTYPE PROJECTS.
Section 4022 of title 10, United States Code, is amended--
(1) in subsection (a)(2)--
(A) by striking ``, and any follow-on production contract
or transaction that is awarded pursuant to subsection (f),''
both places it appears;
(B) in subparagraph (A)(ii), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(C) may be exercised for a transaction for a follow-on
production contract or transaction that is awarded pursuant to
subsection (f) and expected to cost the Department of Defense in
excess of $100,000,000 (including all options) only if a covered
official--
``(i) determines in writing that--
``(I) the requirements of subsection (d) will be met;
and
``(II) the use of the authority of this section is
essential to meet critical national security objectives;
and
``(ii) notifies the congressional defense committees in
writing of the determinations required under clause (i) at the
time such authority is exercised.'';
(2) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (4), respectively;
(B) by inserting before paragraph (2), as redesignated by
subparagraph (A), the following new paragraph:
``(1) The term `covered official' means--
``(A) a service acquisition executive;
``(B) the Director of the Defense Advanced Research
Projects Agency;
``(C) the Director of the Missile Defense Agency;
``(D) the Undersecretary of Defense for Acquisition and
Sustainment; or
``(E) the Undersecretary of Defense for Research and
Engineering.''; and
(C) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
``(3) The term `service acquisition executive' has the meaning
given that term in section 101(a) of this title.''; and
(3) in subsection (f)(2), in the matter preceding subparagraph
(A), by striking ``of section 2304 of this title,'' and inserting
the following: ``of chapter 221 of this title and even if explicit
notification was not listed within the request for proposal for the
transaction''.
SEC. 843. OTHER TRANSACTION AUTHORITY CLARIFICATION.
Section 4022 of title 10, United States Code, as amended by section
842, is further amended--
(1) in subsection (a)(1), by striking ``military personnel and
the supporting'' and inserting ``personnel of the Department of
Defense or improving'';
(2) in subsection (e), by adding at the end the following new
paragraph:
``(5) The term `prototype project' includes a project that
addresses--
``(A) a proof of concept, model, or process, including a
business process;
``(B) reverse engineering to address obsolescence;
``(C) a pilot or novel application of commercial
technologies for defense purposes;
``(D) agile development activity;
``(E) the creation, design, development, or demonstration
of operational utility; or
``(F) any combination of subparagraphs (A) through (E).'';
and
(3) by adding at the end the following new subsection:
``(i) Pilot Authority for Use of Other Transactions for
Installation or Facility Prototyping.--
``(1) In general.--The Secretary of Defense or the Secretary of
a military department may establish a pilot program under which the
Secretary may, under the authority of this section, carry out
prototype projects that are directly relevant to enhancing the
ability of the Department of Defense to prototype the design,
development, or demonstration of new construction techniques or
technologies to improve military installations or facilities (as
such terms are defined in section 2801 of this title).
``(2) Limits.--In carrying out prototype projects under the
pilot program established under paragraph (1)--
``(A) not more than two prototype projects may begin to be
carried out per fiscal year under such pilot program; and
``(B) the aggregate value of all transactions entered into
under such pilot program may not exceed $200,000,000.
``(3) Sunset.--
``(A) In general.--Except as provided in subparagraph (B),
the authority to carry out prototype projects under the pilot
program established under paragraph (1) shall terminate on
September 30, 2025.
``(B) Ongoing project exception.--Subparagraph (A) shall
not apply with respect to prototype projects being carried out
under the pilot program established under paragraph (1) on the
date described in subparagraph (A).''.
SEC. 844. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.
Section 4025 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``that have'' and inserting ``that--''
``(1) have'';
(B) by striking ``Defense.'' and inserting ``Defense; or'';
and
(C) by adding at the end the following new paragraph:
``(2) demonstrate management practices that improve the
schedule or performance, reduce the costs, or otherwise support the
transition of technology into acquisition programs or operational
use.'';
(2) in subsection (b), by striking ``of research results,
technology developments, and prototypes'';
(3) in subsection (d), by striking ``to acquire, support, or
stimulate basic, advanced and applied research, technology
development, or prototype projects'';
(4) in subsection (f), by striking ``section 2304'' and
inserting ``chapter 221''; and
(5) in subsection (g)(2)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) if applicable, a summary of the management practice
that contributed to an improvement to schedule or performance
or a reduction in cost relating to the transition of
technology;
``(C) an identification of any program executive officer
(as defined in section 1737 of this title) responsible for
implementation or oversight of research results, technology
development, prototype development, or management practices (as
applicable) for which an award was made under this section, and
a brief summary of lessons learned by such program executive
officer in carrying out such implementation or oversight;''.
SEC. 845. CONGRESSIONAL NOTIFICATION FOR PILOT PROGRAM TO
ACCELERATE THE PROCUREMENT AND FIELDING OF INNOVATIVE
TECHNOLOGIES.
Section 834 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1835; 10 U.S.C. 4061 note) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Congressional Notification.--The Secretary of Defense shall
notify the congressional defense committees within 30 days after
funding has been provided for a proposal selected for an award under
the pilot program established under this section.''.
SEC. 846. REPORT ON SOFTWARE DELIVERY TIMES.
(a) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until December 31, 2028,
the Under Secretary of Defense for Acquisition and Sustainment, in
consultation with the Chief Information Officer of the Department of
Defense and the Chief Digital and Artificial Intelligence Officer,
shall submit to the congressional defense committees a report on the
following:
(1) A description of covered software delivered during the
fiscal year preceding the date of the report that is being
developed using iterative development, including a description of
the capabilities delivered for operational use.
(2) For such covered software not developed using iterative
development, an explanation for not using iterative development and
a description of the development method used.
(3) For such covered software being developed using iterative
development, the frequency with which capabilities of such covered
software were delivered, disaggregated as follows:
(A) Covered software for which capabilities were delivered
during period of less than three months.
(B) Covered software for which capabilities were delivered
during period of more than three months and less than six
months.
(C) Covered software for which capabilities were delivered
during period of more than six months and less than nine
months.
(D) Covered software for which capabilities were delivered
during period of more than nine months and less than 12 months.
(4) With respect to covered software described in paragraph (3)
for which capabilities of such covered software were not delivered
in fewer than 12 months, an explanation of why such delivery was
not possible.
(b) Definitions.--In this section:
(1) The term ``Chief Digital and Artificial Intelligence
Officer'' means--
(A) the official designated as the Chief Digital and
Artificial Intelligence Officer of the Department of Defense
pursuant to the memorandum of the Secretary of Defense titled
``Establishment of the Chief Digital and Artificial
Intelligence Officer'' dated December 8, 2021; or
(B) if there is no official designated as such Officer, the
official within the Office of the Secretary of Defense with
primary responsibility for digital and artificial intelligence
matters.
(2) The term ``covered software'' means software that is being
developed that--
(A) was acquired using a software acquisition pathway
established under section 800 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92); or
(B) is a covered defense business system, as defined in
section 2222(i) of title 10, United States Code.
(3) The term ``iterative development'' has the meaning given
the term ``agile or iterative development'' in section 891 of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
10 115-91; 131 Stat. 1509; 10 U.S.C. 1746 note).
Subtitle E--Industrial Base Matters
SEC. 851. MODIFICATION TO THE NATIONAL TECHNOLOGY AND INDUSTRIAL
BASE.
Section 4801(1) of title 10, United States Code, is amended by
inserting ``New Zealand,'' after ``Australia,''.
SEC. 852. MODIFICATION TO MISCELLANEOUS LIMITATIONS ON THE
PROCUREMENT OF GOODS OTHER THAN UNITED STATES GOODS.
Section 4864 of title 10, United States Code, as amended by section
853, is further amended by adding at the end the following new
subsection:
``(l) Periodic Review.--
``(1) Recommendation.--Not later than November 1, 2024, and
every five years thereafter, the Under Secretary of Defense for
Acquisition and Sustainment shall review each item described in
subsections (a) and (e) of this section and submit to the
congressional defense committees, in writing, one of the following
recommendations:
``(A) Recommend continued inclusion of the item under this
section.
``(B) Recommend continued inclusion of the item under this
section with modifications.
``(C) Recommend discontinuing inclusion of the item under
this section.
``(2) Elements.--Each review required under paragraph (1) shall
include, with respect to the five-year period preceding the date of
submission of the written determination related to such a review,
the following elements:
``(A) The criticality of the item reviewed to a military
unit's mission accomplishment or other national security
objectives.
``(B) The extent to which such item is fielded in current
programs of record.
``(C) The number of such items to be procured by current
programs of record.
``(D) The extent to which cost and pricing data for such
item has been deemed fair and reasonable.
``(3) Justification.--The written determination required under
paragraph (1) shall also include the findings of the applicable
review conducted under such paragraph and any key justifications
for the recommendation.''.
SEC. 853. REQUIREMENTS FOR THE PROCUREMENT OF CERTAIN COMPONENTS
FOR CERTAIN NAVAL VESSELS AND AUXILIARY SHIPS.
(a) Requirement That Certain Auxiliary Ship Components Be
Manufactured in the National Technology and Industrial Base.--
(1) Technical amendment.--Section 4864 of title 10, United
States Code, is amended by redesignating subsection (l) (relating
to ``Implementation of auxiliary ship component limitation'') as
subsection (k).
(2) Components for auxiliary ships.--Paragraph (4) of section
4864(a) of title 10, United States Code, is amended--
(A) in the subsection heading, by inserting ``and T-ARC''
after ``T-AO 205''; and
(B) by inserting ``and T-ARC'' after ``T-AO 205''.
(b) Regulations.--Not later than June 1, 2023, the Secretary of
Defense shall issue regulations for carrying out section 4864(j) of
title 10, United States Code.
SEC. 854. MODIFICATIONS TO THE PROCUREMENT TECHNICAL ASSISTANCE
PROGRAM.
(a) Administrative and Other Logistical Costs.--Section 4961 of
title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``Director of the Defense Logistics Agency'' and inserting
``Secretary'';
(2) in paragraph (1), by striking ``three'' and inserting
``four''; and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A) by striking
``Director'' and inserting ``Secretary''; and
(B) in subparagraph (A), by inserting ``, including
meetings of an association recognized under section 4954(f),''
after ``meetings''.
(b) Cooperative Agreements.--Section 4954 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
``(f) Association Recognition and Duties.--Eligible entities that
provide procurement technical assistance pursuant to this chapter may
form an association to pursue matters of common concern. If more than a
majority of such eligible entities are members of such an association,
the Secretary shall--
``(1) recognize the existence and activities of such an
association; and
``(2) jointly develop with such association a model cooperative
agreement that may be used at the option of the Secretary and an
eligible entity.''.
(c) Regulations.--Section 4953 of title 10, United States Code, is
amended by inserting ``, and shall consult with an association
recognized under section 4954(f) regarding any revisions to such
regulations'' before the period at the end.
(d) Funding.--Section 4955(a)(1) of title 10, United States Code,
is amended by striking ``$1,000,000'' and inserting ``$1,500,000''.
SEC. 855. CODIFICATION OF PROHIBITION ON CERTAIN PROCUREMENTS FROM
THE XINJIANG UYGHUR AUTONOMOUS REGION.
(a) Repeal.--Section 848 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4651 note prec.) is
repealed.
(b) Prohibition on Certain Procurements From the Xinjiang Uyghur
Autonomous Region.--Chapter 363 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4661. Prohibition on certain procurements from the Xinjiang
Uyghur Autonomous Region
``(a) Prohibition on the Availability of Funds for Certain
Procurements From XUAR.--None of the funds authorized to be
appropriated by a national defense authorization Act or any other Act,
or otherwise made available for any fiscal year for the Department of
Defense, may be obligated or expended to knowingly procure any products
mined, produced, or manufactured wholly or in part by forced labor from
XUAR or from an entity that has used labor from within or transferred
from XUAR as part of a `poverty alleviation' or `pairing assistance'
program.
``(b) Definitions.--In this section, the terms `forced labor' and
`XUAR' have the meanings given, respectively, in section 2496 of this
title.''.
(c) Clerical Amendment.--The table of contents for such chapter is
amended by adding at the end the following new item:
``4661. Prohibition on certain procurements from the Xinjiang Uyghur
Autonomous Region.''.
(d) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue a policy to
require that an offeror or awardee of a Department of Defense contract
shall make a good faith effort to determine that forced labor from
XUAR, as described in section 4661 of title 10, United States Code (as
amended by subsection (b)), will not be used in the performance of such
contract.
SEC. 856. CODIFICATION OF THE DEPARTMENT OF DEFENSE MENTOR-PROTEGE
PROGRAM.
(a) In General.--Section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (10 U.S.C. 4901 note prec.) is transferred to
subchapter I of chapter 387 of title 10, United States Code, inserted
after section 4901, and redesignated as section 4902.
(b) Amendments.--Section 4902 of title 10, United States Code, as
so transferred and redesignated, is amended--
(1) in the section heading, by striking ``mentor-protege
pilot'' and inserting ``department of defense mentor-protege'';
(2) in the heading for subsection (a), by striking ``Pilot'';
(3) in subsections (a) and (c), by striking ``pilot'' each
place it appears;
(4) in subsection (d)(1)(B)(iii)--
(A) in subclause (I), by striking ``$100,000,000'' and
inserting ``$25,000,000''; and
(B) in subclause (II), by striking ``subsection (k)'' and
inserting ``subsection (j)'';
(5) in subsection (e)(2), by striking ``two years'' each place
it appears and inserting ``three years'';
(6) in subsection (f)--
(A) in paragraph (1)(B), by inserting ``manufacturing, test
and evaluation,'' after ``inventory control,''; and
(B) in paragraph (6)(B), by striking ``pursuant to'' and
all that follows through the semicolon at the end and inserting
``pursuant to chapter 388 of this title;'';
(7) in subsection (g)(3)(C), by striking ``subsection (k)'' and
inserting ``subsection (j)'';
(8) by striking subsections (j) and (n);
(9) by redesignating subsections (k) through (m) as subsections
(j) through (l), respectively;
(10) by redesignating subsection (o) as subsection (n);
(11) in subsection (j), as so redesignated--
(A) by striking ``pilot'' each place it appears;
(B) by striking ``by which mentor firms'' and inserting
``by which the parties''; and
(C) by striking ``The Secretary shall publish'' and all
that follows through ``270 days after the date of the enactment
of this Act.'';
(12) in paragraph (7)(B) of subsection (k), as so redesignated,
by striking ``pursuant to'' and all that follows through ``; or''
and inserting ``pursuant to chapter 388 of this title; or'';
(13) in subsection (l), as so redesignated, by striking
``subsection (l)'' and inserting ``subsection (k)'';
(14) by inserting after subsection (l), as so redesignated, the
following new subsection:
``(m) Annual Collection of Performance Data.--The Director of the
Office of Small Business Programs shall--
``(1) maintain outcome-based performance goals and annually
collect data through an automated information system (if
practicable) assessing such goals; and
``(2) conduct an independent review of the Mentor-Protege
Program established under this section at least once every three
years.''; and
(15) by amending subsection (n), as so redesignated, to read as
follows:
``(n) Definitions.--In this section:
``(1) The term `affiliation', with respect to a relationship
between a mentor firm and a protege firm, means a relationship
described under section 121.103 of title 13, Code of Federal
Regulations (or any successor regulation).
``(2) The term `disadvantaged small business concern' means a
firm that is not more than the size standard corresponding to its
primary North American Industry Classification System code, is not
owned or managed by individuals or entities that directly or
indirectly have stock options or convertible securities in the
mentor firm, and is--
``(A) a small business concern owned and controlled by
socially and economically disadvantaged individuals;
``(B) a business entity owned and controlled by an Indian
tribe as defined by section 8(a)(13) of the Small Business Act
(15 U.S.C. 637(a)(13));
``(C) a business entity owned and controlled by a Native
Hawaiian Organization as defined by section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15));
``(D) a qualified organization employing severely disabled
individuals;
``(E) a small business concern owned and controlled by
women, as defined in section 8(d)(3)(D) of the Small Business
Act (15 U.S.C. 637(d)(3)(D));
``(F) a small business concern owned and controlled by
service-disabled veterans (as defined in section 8(d)(3) of the
Small Business Act (15 U.S.C. 637(d)(3)));
``(G) a qualified HUBZone small business concern (as
defined in section 31(b) of the Small Business Act (15 U.S.C.
657a(b))); or
``(H) a small business concern that--
``(i) is a nontraditional defense contractor, as such
term is defined in section 3014 of this title; or
``(ii) currently provides goods or services in the
private sector that are critical to enhancing the
capabilities of the defense supplier base and fulfilling
key Department of Defense needs.
``(3) The term `historically Black college and university'
means any of the historically Black colleges and universities
referred to in section 2323 of this title, as in effect on March 1,
2018.
``(4) The term `minority institution of higher education' means
an institution of higher education with a student body that
reflects the composition specified in section 312(b)(3), (4), and
(5) of the Higher Education Act of 1965 (20 U.S.C. 1058(b)(3), (4),
and (5)).
``(5) The term `qualified organization employing the severely
disabled' means a business entity operated on a for-profit or
nonprofit basis that--
``(A) uses rehabilitative engineering to provide employment
opportunities for severely disabled individuals and integrates
severely disabled individuals into its workforce;
``(B) employs severely disabled individuals at a rate that
averages not less than 20 percent of its total workforce;
``(C) employs each severely disabled individual in its
workforce generally on the basis of 40 hours per week; and
``(D) pays not less than the minimum wage prescribed
pursuant to section 6 of the Fair Labor Standards Act (29
U.S.C. 206) to those employees who are severely disabled
individuals.
``(6) The term `severely disabled individual' means an
individual who is blind (as defined in section 8501 of title 41) or
a severely disabled individual (as defined in such section).
``(7) The term `small business concern' has the meaning given
such term under section 3 of the Small Business Act (15 U.S.C.
632).
``(8) The term `small business concern owned and controlled by
socially and economically disadvantaged individuals' has the
meaning given such term in section 8(d)(3)(C) of the Small Business
Act (15 U.S.C. 637(d)(3)(C)).
``(9) The term `subcontracting participation goal', with
respect to a Department of Defense contract, means a goal for the
extent of the participation by disadvantaged small business
concerns in the subcontracts awarded under such contract, as
established pursuant to section 8(d) of the Small Business Act (15
U.S.C. 637(d)).''.
(c) Clerical Amendment.--The table of sections for subchapter I of
chapter 387 of title 10, United States Code, is amended by adding at
the end the following new item:
``4902. Department of Defense Mentor-Protege Program.''.
(d) Protege Technical Reimbursement Pilot Program.--
(1) In general.--Not later than July 1, 2023, the Director of
the Office of Small Business Programs of the Department of Defense
(as appointed pursuant to section 144 of title 10, United States
Code) shall establish a pilot program under which a protege firm
may receive up to 25 percent of the reimbursement for which the
mentor firm of such protege firm is eligible under the Mentor-
Protege Program for a covered activity described in paragraph (2).
(2) Activity described.--A covered activity under this
paragraph is an engineering, software development, or manufacturing
customization that the protege firm implements in order to ensure
that a technology developed by the protege firm will be ready for
integration with a program or system of the Department of Defense.
(3) Definitions.--In this subsection:
(A) The terms ``mentor firm'', ``protege firm'' have the
meanings given under section 4902 of title 10, United States
Code, as amended by this section.
(B) The term ``Mentor-Protege Program'' means the Mentor-
Protege Program established under section 4902 of title 10,
United States Code, as amended by this section.
(4) Termination.--The pilot program established under paragraph
(1) shall terminate on the date that is five years after the date
on which the pilot program is established.
(e) Conforming Amendments.--
(1) Buy indian act.--Section 23(a)(2) of the Act of June 25,
1910 (commonly known as the ``Buy Indian Act'') (36 Stat. 861, 25
U.S.C. 47(a)(2)) is amended by striking ``section 831(c) of the
National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.
2302 note; Public Law 101-510)'' and inserting ``section 4902(c) of
title 10, United States Code''.
(2) Small business act.--Section 8(d)(12) of the Small Business
Act (15 U.S.C. 637(d)(12)) is amended--
(A) by striking ``the pilot Mentor-Protege Program
established pursuant to section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10
U.S.C. 2301 note)'' and inserting ``the Mentor-Protege Program
established under section 4902 of title 10, United States
Code,''; and
(B) by striking ``subsection (g)'' and inserting
``subsection (f)''.
(f) Regulations.--Not later than December 31, 2023, the Secretary
of Defense shall issue regulations for carrying out section 4902 of
title 10, United States Code, as amended by this section.
(g) Agreements Under Pilot Program.--The amendments made by this
section shall not apply with respect to any agreement entered into
under the program as established under section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104
Stat. 1607) before the date of the enactment of this Act.
SEC. 857. PROCUREMENT REQUIREMENTS RELATING TO RARE EARTH ELEMENTS
AND STRATEGIC AND CRITICAL MATERIALS.
(a) Disclosures Concerning Rare Earth Elements and Strategic and
Critical Materials by Contractors of Department of Defense.--
(1) Requirement.--Beginning on the effective date of this
subsection, the Secretary of Defense shall--
(A) require that any contractor that provides to the
Department of Defense a system with a permanent magnet that
contains rare earth elements or strategic and critical
materials disclose, after undertaking a commercially reasonable
inquiry and along with delivery of the system, the provenance
of the magnet; and
(B) safeguard such disclosures in accordance with
applicable classification level required by the associated
programs.
(2) Elements.--A disclosure under paragraph (1) shall include
an identification of the country or countries in which--
(A) any rare earth elements and strategic and critical
materials used in the magnet were mined;
(B) such elements and minerals were refined into oxides;
(C) such elements and minerals were made into metals and
alloys; and
(D) the magnet was sintered or bonded and magnetized.
(3) Implementation of supply chain tracking system.--If a
contractor cannot make the disclosure required by paragraph (1)
with respect to a system described in that paragraph, the Secretary
shall require the contractor to establish and implement a supply
chain tracking system in order to make the disclosure to the
fullest extent possible not later than 180 days after the
contractor provides the system to the Department of Defense. The
tracking system shall--
(A) include a description of the efforts taken by the
contractor to date to make the disclosure required by paragraph
(1);
(B) take into account the possible refusal of certain
foreign entities to provide the contractor the information
necessary to make the disclosure required by paragraph (1); and
(C) require the contractor to report to the Secretary the
name, location, and other identifying information of any
entities which refuse to provide the contractor with the
information necessary to make the disclosure required by
paragraph (1).
(4) Waivers.--
(A) In general.--The Secretary may waive a requirement
under paragraph (1) or (3) with respect to a system described
in paragraph (1) for a period of not more than 180 days if the
Secretary certifies to the Committees on Armed Services of the
Senate and the House of Representatives that--
(i) the continued procurement of the system is
necessary to meet the demands of a national emergency
declared under section 201 of the National Emergencies Act
(50 U.S.C. 1621); or
(ii) a contractor that cannot currently make the
disclosure required by paragraph (1) is making significant
efforts to comply with the requirements of that paragraph.
(B) Waiver renewals.--The Secretary may renew a waiver as
many times as the Secretary considers appropriate, provided
that the Secretary submits an updated certification to the
committees.
(C) Limitation.--The Secretary may not delegate this waiver
authority below the level of Assistant Secretary of Defense, a
senior acquisition executive (as defined in section 101(a) of
title 10, United States Code), or a command acquisition
executive (as described in section 167(e)(4)(C) of title 10,
United States Code) or equivalent.
(5) Briefing required.--
(A) In general.--Not later than 30 days after the
submission of each report required by subsection (c)(3), the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing that includes--
(i) a summary of the disclosures made under this
subsection;
(ii) an assessment of the extent of reliance by the
United States on foreign countries, and especially
countries that are not allies of the United States, for
rare earth elements and strategic and critical materials;
(iii) a determination with respect to which systems
described in paragraph (1) are of the greatest concern for
interruptions of supply chains with respect to rare earth
elements and strategic and critical materials; and
(iv) any suggestions for legislation or funding that
would mitigate security gaps in such supply chains.
(B) Form.--To the extent practicable, each briefing
required under subparagraph (A) shall be in an unclassified
form, but may contain a classified annex.
(6) Effective date.--The requirements described in this
subsection shall take effect--
(A) not earlier than 30 months after the date of enactment
of this Act; and
(B) after the Secretary of Defense certifies to the
Committees on Armed Services of the Senate and the House of
Representatives that the Department has established a process
to ensure that the information collection requirements of this
subsection present no national security risks, or that any such
risks have been fully mitigated.
(b) Expansion of Restrictions on Procurement of Military and Dual-
use Technologies by Chinese Military Companies.--Section 1211 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 10 U.S.C. 4651 note prec.) is amended--
(1) in the section heading, by striking ``communist chinese
military companies'' and inserting ``chinese military companies'';
(2) in subsection (a), by inserting after ``military company''
the following: ``, any Chinese military company, any Non-SDN
Chinese military-industrial complex company, or any other covered
company'';
(3) by amending subsection (b) to read as follows:
``(b) Goods and Services Covered.--
``(1) In general.--For purposes of subsection (a), and except
as provided in paragraph (2), the goods and services described in
this subsection are goods and services--
``(A) on the munitions list of the International Traffic in
Arms Regulations; or
``(B) on the Commerce Control List that--
``(i) are classified in the 600 series; or
``(ii) contain strategic and critical materials, rare
earth elements, or energetic materials used to manufacture
missiles or munitions.
``(2) Exceptions.--Goods and services described in this
subsection do not include goods or services procured--
``(A) in connection with a visit by a vessel or an aircraft
of the United States Armed Forces to the People's Republic of
China;
``(B) for testing purposes; or
``(C) for purposes of gathering intelligence.''; and
(4) in subsection (e)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (1) and (2) as paragraphs
(3) and (5), respectively;
(C) by inserting before paragraph (3), as redesignated by
subparagraph (B), the following:
``(1) The term `Chinese military company' has the meaning given
that term by section 1260H(d)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 113 note).
``(2) The term `Commerce Control List' means the list
maintained by the Bureau of Industry and Security and set forth in
Supplement No. 1 to part 774 of the Export Administration
Regulations.'';
(D) by inserting after paragraph (3), as so redesignated,
the following:
``(4) The term `Export Administration Regulations' has the
meaning given that term in section 1742 of the Export Control
Reform Act of 2018 (50 U.S.C. 4801).''; and
(E) by adding at the end the following:
``(6) The term `Non-SDN Chinese military-industrial complex
company' means any entity on the Non-SDN Chinese Military-
Industrial Complex Companies List--
``(A) established pursuant to Executive Order 13959 (50
U.S.C. 1701 note; relating to addressing the threat from
securities investments that finance Communist Chinese military
companies), as amended before, on, or after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2023; and
``(B) maintained by the Office of Foreign Assets Control of
the Department of the Treasury.
``(7) The term `other covered company' means a company that--
``(A) is owned or controlled by the government of the
People's Republic of China; and
``(B) is certified by the Secretary of Defense to the
congressional defense committees to be a company that must be
covered by this section for national security reasons.
``(8) The term `strategic and critical materials' means
materials designated as strategic and critical under section 3(a)
of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98b(a)).''; and
(5) by adding at the end the following new subsection:
``(f) Effective Date.--With respect to goods and services described
in clause (ii) of subparagraph (b)(1)(B), the prohibition shall take
effect 180 days after the date on which the Secretary of Defense
certifies to the congressional defense committees that a sufficient
number of commercially viable providers exist outside of the People's
Republic of China that collectively can provide the Department of
Defense with satisfactory quality and sufficient quantity of such goods
or services as and when needed at United States market prices.''.
(c) Review of Compliance With Contracting Requirements.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, and periodically thereafter until the
termination date specified in paragraph (5), the Comptroller
General of the United States shall assess the extent of the efforts
of the Secretary of Defense to comply with the requirements of--
(A) subsection (a);
(B) section 1211 of the National Defense Authorization Act
for Fiscal Year 2006, as amended by subsection (b); and
(C) section 4872 of title 10, United States Code.
(2) Briefing required.--
(A) In general.--The Comptroller General shall
periodically, until the termination date specified in paragraph
(5), provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the results of
the assessments conducted under paragraph (1) that includes an
assessment of--
(i) the inclusion by the Department of Defense of
necessary contracting clauses in relevant contracts to meet
the requirements described in subparagraphs (A), (B), and
(C) of paragraph (1); and
(ii) the efforts of the Department of Defense to assess
the compliance of contractors with such clauses.
(B) Form.--To the extent practicable, each briefing
required under subparagraph (A) shall be in an unclassified
form, but may contain a classified annex.
(3) Report required.--
(A) In general.--The Comptroller General shall, not less
frequently than every 2 years until the termination date
specified in paragraph (5), submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the results of the assessments conducted under
paragraph (1).
(B) Form.--To the extent practicable, each report required
under subparagraph (A) shall be in an unclassified form, but
may contain a classified annex.
(4) Referral.--If, in conducting an assessment under paragraph
(1), the Comptroller General determines that a contractor has
willfully or recklessly failed to comply with any of the
requirements described in subparagraphs (A), (B), and (C) of
paragraph (1), the Comptroller General may refer the matter, as
appropriate, for further examination and possible enforcement
actions.
(5) Termination.--The requirements of this subsection shall
terminate on the date that is 5 years after the date of the
enactment of this Act.
(d) Strategic and Critical Materials Defined.--In this section, the
term ``strategic and critical materials'' means materials designated as
strategic and critical under section 3(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98b(a)).
SEC. 858. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS
SOURCING AND INDUSTRIAL CAPACITY.
(a) Analysis Required.--
(1) In general.--The Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment and
other appropriate officials, shall review the items under
subsection (c) to determine and develop appropriate actions,
consistent with the policies, programs, and activities required
under subpart I of part V of subtitle A of title 10, United States
Code, chapter 83 of title 41, United States Code, and the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.), including--
(A) restricting procurement, with appropriate waivers for
cost, emergency requirements, and non-availability of
suppliers, including restricting procurement to--
(i) suppliers in the United States;
(ii) suppliers in the national technology and
industrial base (as defined in section 4801 of title 10,
United States Code);
(iii) suppliers in other allied nations; or
(iv) other suppliers;
(B) increasing investment through use of research and
development or procurement activities and acquisition
authorities to--
(i) expand production capacity;
(ii) diversify sources of supply; or
(iii) promote alternative approaches for addressing
military requirements;
(C) prohibiting procurement from selected sources or
nations;
(D) taking a combination of actions described under
subparagraphs (A), (B), and (C); or
(E) taking no action.
(2) Considerations.--The analyses conducted pursuant to
paragraph (1) shall consider national security, economic, and
treaty implications, as well as impacts on current and potential
suppliers of goods and services.
(b) Reporting on Analyses, Recommendations, and Actions.--
(1) Briefing required.--Not later than January 15, 2024, the
Secretary of Defense shall submit to the congressional defense
committees, in writing--
(A) a summary of the findings of the analyses undertaken
for each item pursuant to subsection (a);
(B) relevant recommendations resulting from the analyses;
and
(C) descriptions of specific activities undertaken as a
result of the analyses, including schedule and resources
allocated for any planned actions.
(2) Reporting.--The Secretary of Defense shall include the
analyses conducted under subsection (a), and any relevant
recommendations and descriptions of activities resulting from such
analyses, as appropriate, in each of the following during the 2024
calendar year:
(A) The annual report or quarterly briefings to Congress
required under section 4814 of title 10, United States Code.
(B) The annual report on unfunded priorities of the
national technology and industrial base required under section
4815 of such title.
(C) Department of Defense technology and industrial base
policy guidance prescribed under section 4811(c) of such title.
(D) Activities to modernize acquisition processes to ensure
the integrity of the industrial base pursuant to section 4819
of such title.
(E) Defense memoranda of understanding and related
agreements considered in accordance with section 4851 of such
title.
(F) Industrial base or acquisition policy changes.
(G) Legislative proposals for changes to relevant statutes
which the Department shall consider, develop, and submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives not less
frequently than once per fiscal year.
(H) Other actions as the Secretary of Defense determines
appropriate.
(c) List of Goods and Services for Analyses, Recommendations, and
Actions.--The items described in this subsection are the following:
(1) Solar components for satellites.
(2) Satellite ground station service contracts.
(3) Naval vessel shafts and propulsion system components
(including reduction gears and propellers).
(4) Infrastructure or equipment for a passenger boarding bridge
at a military airport designated by the Secretary of Transportation
under section 47118(a) of title 49, United States Code.
(5) Flags of the United States.
(6) Natural rubber from herbaceous plants for military
applications.
(7) Alternative proteins as sustainable and secure food
sources.
(8) Carbon fiber.
SEC. 859. DEMONSTRATION EXERCISE OF ENHANCED PLANNING FOR
INDUSTRIAL MOBILIZATION AND SUPPLY CHAIN MANAGEMENT.
(a) Demonstration Exercise Required.--Not later than December 31,
2024, the Secretary of Defense shall conduct a demonstration exercise
of industrial mobilization and supply chain management planning
capabilities in support of one or more operational or contingency plan
use cases, as selected in consultation with the Chairman of the Joint
Chiefs of Staff and the Under Secretary of Defense for Acquisition and
Sustainment.
(b) Elements.--The demonstration exercise required under subsection
(a) shall include the following elements:
(1) Use of a current program that is both fielded and still in
production from each military department, Defense Agency, and
Department of Defense Field Activity in order to model a notional
plan for mobilization or supply chain management, as associated
with the selected operational or contingency plans.
(2) The exercise of processes and authorities that support the
Department of Defense for industrial mobilization in support of
declared hostilities or other contingency operations.
(3) The identification of process improvements or gaps in
resources, capabilities, or authorities that require remediation,
including those related to government or contractor production
facilities, tooling, or workforce development.
(4) The implementation of analytical tools and processes to
monitor and assess the health of the industrial base and to use
near real-time data and visualization capabilities in making
production and distribution decisions, with an emphasis on
identifying, assessing, and demonstrating commercially available
tools.
(5) The establishment and tracking of goals and metrics to
support institutionalization of defense industrial base health
assessment and planning.
(c) Briefing Required.--Not later than November 1, 2023, the
Secretary shall provide to the congressional defense committees an
interim briefing on the demonstration exercise required under
subsection (a), including--
(1) an identification of the programs and use cases to be
demonstrated;
(2) a description of methodology for executing the
demonstration exercise, including analytical tools or metrics
identified to support the process; and
(3) any preliminary findings.
(d) Assessment.--Not later than March 1, 2025, the Secretary shall
submit to the congressional defense committees a report assessing the
demonstration exercise required under subsection (a), including a
description of--
(1) the programs and use cases considered in this demonstration
exercise;
(2) the outcomes of the activities required under subsection
(b);
(3) outcomes and conclusions;
(4) lessons learned; and
(5) any recommendations for legislative action that may be
required as a result.
(e) Definitions.--In this section, the terms ``military
department'', ``Defense Agency'', and ``Defense Field Activity'' have
the meanings given those terms in section 101 of title 10, United
States Code.
SEC. 860. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE PHARMACEUTICAL
SUPPLY CHAINS.
(a) Risk Management for All Department of Defense Pharmaceutical
Supply Chains.--Not later than one year after the date of the enactment
of this Act, the Under Secretary of Defense for Acquisition and
Sustainment shall--
(1) develop and issue implementing guidance for risk management
for Department of Defense supply chains for pharmaceutical materiel
for the Department;
(2) identify, in coordination with the Secretary of Health and
Human Services, supply chain information gaps regarding the
Department's reliance on foreign suppliers of drugs, including
active pharmaceutical ingredients and final drug products; and
(3) submit to the Committees on Armed Services of the Senate
and the House of Representatives a report regarding--
(A) existing information streams, if any, that may be used
to assess the reliance by the Department of Defense on high-
risk foreign suppliers of drugs;
(B) vulnerabilities in the drug supply chains of the
Department of Defense; and
(C) any recommendations to address--
(i) information gaps identified under paragraph (2);
and
(ii) any risks related to such reliance on foreign
suppliers.
(b) Risk Management for Department of Defense Pharmaceutical Supply
Chain.--The Director of the Defense Health Agency shall--
(1) not later than one year after the issuance of the guidance
required under subsection (a)(1), develop and publish implementing
guidance for risk management for the Department of Defense supply
chain for pharmaceuticals; and
(2) establish a working group--
(A) to assess risks to the Department's pharmaceutical
supply chain;
(B) to identify the pharmaceuticals most critical to
beneficiary care at military treatment facilities; and
(C) to establish policies for allocating scarce
pharmaceutical resources of the Department of Defense in case
of a supply disruption.
SEC. 861. STRATEGY FOR INCREASING COMPETITIVE OPPORTUNITIES FOR
CERTAIN CRITICAL TECHNOLOGIES.
(a) Strategy.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a comprehensive strategy to--
(1) increase competitive opportunities available for
appropriate United States companies to transition critical
technologies into major weapon systems and other programs of
record; and
(2) enhance the integrity and diversity of the defense
industrial base.
(b) Elements.--The strategy required under subsection (a) shall
include the following:
(1) A description of methods to increase opportunities for
appropriate United States companies to develop end items of
critical technologies for major weapon systems, rapidly prototype
such end items, and conduct activities that would support the
transition of such end items into major weapon systems and programs
of record, including--
(A) continuous experimentation or military utility
assessments to improve such end items;
(B) evaluation of how to integrate existing commercial
capabilities relating to such end items of appropriate United
States companies or entities in the defense industrial base
into major weapon systems and programs of record in the
Department of Defense;
(C) efforts that improve the ability of appropriate United
States companies or entities in the defense industrial base to
maintain, afford, or manufacture major weapon systems or
components for such systems; and
(D) development of alternative supply sources for
components of a major weapon system to ensure the availability
of component parts and to support supply chain diversity.
(2) Processes to improve coordination by the military
departments and other elements of the Department of Defense to
carry out the strategy required by this section.
(c) Definitions.--In this section:
(1) The term ``appropriate United States company'' means--
(A) a nontraditional defense contractor, as defined in
section 3014 of title 10, United States Code; or
(B) a prime contractor that has entered into a cooperative
agreement with a nontraditional defense contractor with the
express intent to pursue funding authorized by sections 4021
and 4022 of title 10, United States Code, in the development,
testing, or prototyping of critical technologies.
(2) The term ``major weapon system'' has the meaning given in
section 3455 of title 10, United States Code.
(3) The term ``critical technology'' means a technology
identified as critical by the Secretary of Defense, which shall
include the following:
(A) Biotechnology.
(B) Quantum science technology.
(C) Advanced materials.
(D) Artificial intelligence and machine learning.
(E) Microelectronics.
(F) Space technology.
(G) Advanced computing and software.
(H) Hypersonics.
(I) Integrated sensing and cybersecurity.
(J) Autonomous systems.
(K) Unmanned systems.
(L) Advanced sensing systems.
(M) Advanced communications systems.
SEC. 862. KEY ADVANCED SYSTEM DEVELOPMENT INDUSTRY DAYS.
(a) In General.--Not later than March 1, 2023, and every 180 days
thereafter, the each Secretary of a military department shall ensure
that such military department conducts an outreach event to--
(1) collaborate with the private sector on present current and
future opportunities with respect to key advanced system
development areas;
(2) raise awareness within the private sector of--
(A) key advanced system development areas; and
(B) capability needs and existing and potential
requirements related to the key advanced system development
areas; and
(3) raise awareness within such military department of
potential material solutions for capability needs and existing and
potential requirements related to key advanced system development
areas.
(b) Responsibilities.--
(1) Service chiefs.--For each event a military department
conducts under subsection (a), the Service Chief concerned shall,
for each key advanced system development area, perform the
following:
(A) Identify related and potentially related existing,
planned, or potential military requirements, including urgent
and emergent operational needs.
(B) Identify and describe related and potentially related
needs or gaps in the capabilities of the military department to
carry out the missions of the military department, including
warfighting and combat support capabilities.
(C) Identify and describe related and potentially related
exercise, demonstration, or experimentation opportunities.
(2) Acquisition executives.--For each event a military
department conducts under subsection (a), the service acquisition
executive of the military department conducting the event shall,
for each key advanced system development area, perform the
following:
(A) Identify and describe related and potentially related
existing, planned, or potential acquisition plans and
strategies.
(B) Identify and describe related and potentially related
existing, planned, or potential funding opportunities,
including--
(i) broad agency announcements;
(ii) requests for information;
(iii) funding opportunity announcements;
(iv) special program announcements;
(v) requests for proposals;
(vi) requests for quotes;
(vii) special notices;
(viii) transactions pursuant to sections 4004, 4021,
and 4022 of title 10, United States Code;
(ix) unsolicited proposals; and
(x) other funding opportunities as determined
appropriate by the service acquisition executive.
(3) Delegation.--Each Service Chief concerned and each service
acquisition executive may delegate the authority to carry out the
tasks for which such individuals are responsible under this
subsection.
(4) Reviews and coordination.--
(A) Industry day reviews.--Promptly after an event
conducted by a military department under subsection (a), the
service acquisition executive of such military department
shall--
(i) disseminate a written review of such event as
broadly as practicable within the Department of Defense;
and
(ii) make such review publicly available on a website
of the military department.
(B) Consolidation.--The Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall, periodically,
jointly review and consolidate the reviews required by
subparagraph (A) to identify trends, eliminate redundancy, and
enhance efficiency with respect to events conducted under
subsection (a).
(c) Form.--With respect to each event conducted under subsection
(a), the Secretary concerned shall seek to maximize industry and
government participation, while minimizing cost to the maximum extent
practicable, by--
(1) holding the event at an unclassified security level to the
extent practicable;
(2) making the event publicly accessible through teleconference
or other virtual means; and
(3) making supporting materials for the event publicly
available on a website.
(d) Definitions.--In this section:
(1) Military departments; secretary concerned; service
acquisition executive.--The terms ``military departments'',
``Secretary concerned'', and ``service acquisition executive'' have
the meanings given such terms in section 101(a) of title 10, United
States Code.
(2) Key advanced system development area.--The term ``key
advanced system development area'' means the following:
(A) For the Department of the Navy--
(i) unmanned surface vessels;
(ii) unmanned underwater vessels;
(iii) unmanned deployable mobile ocean systems;
(iv) unmanned deployable fixed ocean systems; and
(v) autonomous unmanned aircraft systems.
(B) For the Department of the Air Force, autonomous
unmanned aircraft systems.
(C) For the Department of the Army, autonomous unmanned
aircraft systems.
(3) Service chief.--The term ``Service Chief concerned''
means--
(A) the Chief of Staff of the Army, with respect to matters
concerning the Department of the Army;
(B) the Chief of Naval Operations and the Commandant of the
Marine Corps, with respect to matters concerning the Department
of the Navy; and
(C) the Chief of Staff of the Air Force, with respect to
matters concerning the Department of the Air Force.
Subtitle F--Small Business Matters
SEC. 871. CODIFICATION OF SMALL BUSINESS ADMINISTRATION SCORECARD.
(a) In General.--Subsection (b) of section 868 of the National
Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note) is
transferred to section 15 of the Small Business Act (15 U.S.C. 644),
inserted after subsection (x), redesignated as subsection (y), and
amended--
(1) by striking paragraphs (1), (6), and (7);
(2) by redesignating paragraphs (2), (3), and (4) as paragraphs
(1), (2), and (3), respectively;
(3) by redesignating paragraph (8) as paragraph (6);
(4) in paragraph (1) (as so redesignated), by striking
``Beginning in'' and all that follows through ``to evaluate'' and
inserting ``The Administrator shall use a scorecard to annually
evaluate'';
(5) in paragraph (2) (as so redesignated)--
(A) by striking ``the Federal agency'' each place it
appears and inserting ``a Federal agency or the Federal
Government, as applicable,'';
(B) in the matter preceding subparagraph (A)--
(i) by striking ``developed under paragraph (1)''; and
(ii) by inserting ``and Governmentwide'' after ``each
Federal agency''; and
(C) in subparagraph (A), by striking ``section 15(g)(1)(B)
of the Small Business Act (15 U.S.C. 644(g)(1)(B))'' and
inserting ``subsection (g)(1)(B)'';
(6) in paragraph (3) (as so redesignated)--
(A) in subparagraph (A), by striking ``paragraph (3)(A)''
and inserting ``paragraph (2)(A)''; and
(B) in subparagraph (B), by striking ``paragraph (3)'' and
inserting ``paragraph (2)'';
(7) by inserting after paragraph (3) (as so redesignated) the
following new paragraph:
``(4) Additional requirements for scorecards.--The scorecard
shall include, for each Federal agency and Governmentwide, the
following information with respect to prime contracts:
``(A) The number (expressed as a percentage) and total
dollar amount of awards made to small business concerns owned
and controlled by women through sole source contracts and
competitions restricted to small business concerns owned and
controlled by women under section 8(m).
``(B) The number (expressed as a percentage) and total
dollar amount of awards made to small business concerns owned
and controlled by qualified HUBZone small business concerns
through sole source contracts and competitions restricted to
qualified HUBZone small business concerns under section
31(c)(2).
``(C) The number (expressed as a percentage) and total
dollar amount of awards made to small business concerns owned
and controlled by service-disabled veterans through sole source
contracts and competitions restricted to small business
concerns owned and controlled by service-disabled veterans
under section 36.
``(D) The number (expressed as a percentage) and total
dollar amount of awards made to socially and economically
disadvantaged small business concerns under section 8(a)
through sole source contracts and competitions restricted to
socially and economically disadvantaged small business
concerns, disaggregated by awards made to such concerns that
are owned and controlled by individuals and awards made to such
concerns that are owned and controlled by an entity.'';
(8) in paragraph (5), by striking ``section 15(h)(2) of the
Small Business Act (15 U.S.C. 644(h)(2))'' and inserting
``subsection (h)(2)''; and
(9) by amending paragraph (6) (as so redesignated) to read as
follows:
``(6) Scorecard defined.--In this subsection, the term
`scorecard' means any summary using a rating system to evaluate the
efforts of a Federal agency to meet goals established under
subsection (g)(1)(B) that--
``(A) includes the measures described in paragraph (2); and
``(B) assigns a score to each Federal agency evaluated.''.
(b) Conforming Amendment.--Section 15(x)(2) of the Small Business
Act (15 U.S.C. 644(x)(2)) is amended by striking ``scorecard described
in section 868(b) of the National Defense Authorization Act for Fiscal
Year 2016 (15 U.S.C. 644 note)'' and inserting ``scorecard (as defined
in subsection (y))''.
SEC. 872. MODIFICATIONS TO THE SBIR AND STTR PROGRAMS.
(a) Correction to STTR Disclosure Requirements.--Section
9(g)(13)(D) of the Small Business Act (15 U.S.C. 638(g)(13)(D)) is
amended by striking ``of concern''.
(b) Due Diligence Program.--
(1) In general.--Until the date on which the Under Secretary of
Defense for Research and Engineering makes the certification
described in paragraph (2), in carrying out the due diligence
program required under subsection (vv) of section 9 of the Small
Business Act (15 U.S.C. 638), the Secretary of Defense and each
Secretary of a military department shall perform the assessments
required under such due diligence program--
(A) only with respect to small business concerns selected
by the applicable Secretary as the presumptive recipient of an
award described in such subsection (vv); and
(B) prior to notifying the small business concern that the
small business concern has been selected to receive such an
award.
(2) Full implementation.--On the date on which the Under
Secretary of Defense for Research and Engineering certifies to the
Committees on Armed Services of the Senate and the House of
Representatives that an automated capability for performing the
assessments required under the due diligence program required under
subsection (vv) of section 9 of the Small Business Act (15 U.S.C.
638) with respect to all small business concerns seeking an award
described in such subsection is operational, paragraph (1) of this
subsection shall sunset.
SEC. 873. ACCESS TO DATA ON BUNDLED OR CONSOLIDATED CONTRACTS.
(a) In General.--Section 15(p) of the Small Business Act (15 U.S.C.
644(p)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Bundled or consolidated contract defined.--In this
subsection, the term `bundled or consolidated contract' has the
meaning given in subsection (s).'';
(2) in paragraph (4)--
(A) in the paragraph heading, by striking ``contract
bundling'' and inserting ``bundled or consolidated contracts'';
(B) in subparagraph (A), by striking ``contract bundling''
and inserting ``bundled or consolidated contracts'';
(C) in subparagraph (B)--
(i) in clause (i), by striking ``bundled contracts''
and inserting ``bundled or consolidated contracts''; and
(ii) in clause (ii)--
(I) in the matter preceding subclause (I), by
striking ``bundled contracts'' and inserting ``bundled
or consolidated contracts'';
(II) in subclause (I), by striking ``were bundled''
and inserting ``were included in bundled or
consolidated contracts''; and
(III) in subclause (II)--
(aa) in the matter preceding item (aa), by
striking ``bundled contract'' and inserting
``bundled or consolidated contract'';
(bb) in items (aa), (dd), and (ee) by inserting
``or the consolidation of contract requirements (as
applicable)'' after ``bundling of contract
requirements'' each place it appears;
(cc) in item (bb), by striking ``bundling the
contract requirements'' and inserting ``the
bundling of contract requirements or the
consolidation of contract requirements (as
applicable)'';
(dd) in item (cc), by striking ``the bundled
status of contract requirements'' and inserting
``contract requirements in a bundled or
consolidated contract''; and
(ee) in item (ee), by striking ``consolidated
requirements'' and inserting ``contract''; and
(3) in paragraph (5)(B), by striking ``provide, upon request''
and all that follows through the period at the end and inserting
the following: ``provide to the Administrator data and information
described in paragraphs (2) and (4).''.
(b) Technical Amendment.--Section 15(p)(2) of the Small Business
Act (15 U.S.C. 644(p)) is amended--
(1) by striking ``Database'' in the paragraph heading and all
that follows through ``Not later'' and inserting ``Database.--Not
later''; and
(2) by redesignating clauses (i) and (ii) as subparagraphs (A)
and (B), respectively.
SEC. 874. SMALL BUSINESS INTEGRATION WORKING GROUP.
(a) In General.--Not later than 60 days after the enactment of this
Act, the Secretary of Defense shall issue a charter to establish a
small business integration working group that--
(1) ensures the integration and synchronization of the
activities of the military departments and other components of the
Department of Defense with respect to small business concerns; and
(2) convenes not fewer than four times per year.
(b) Membership.--The small business integration working group
chartered under subsection (a) shall be comprised of representatives
from each of the following organizations:
(1) The small business office of each military department.
(2) The Small Business Innovation Research Program and the
Small Business Technology Transfer Program (as such terms are
defined in section 9(e) of the Small Business Act (15 U.S.C.
638(e))) of each military department.
(3) The office of the Under Secretary of Defense for
Acquisition and Sustainment.
(4) The office of the Under Secretary of Defense for Research
and Engineering.
(5) Any other office the Secretary of Defense determines
appropriate.
(c) Briefing Required.--Not later than March 1, 2023, the Secretary
of Defense shall brief the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives on
the establishment and activities of the small business integration
working group chartered under subsection (a), the policies enacted by
the small business integration working group to allow for the sharing
of best practices for maximizing the contributions of small business
concerns in the defense industrial base and in acquisitions by the
Department of Defense, and practices for conducting oversight of the
activities of the military departments and other components of the
Department of Defense with respect to small business concerns.
(d) Definitions.--In this section:
(1) Military department.--The term ``military department'' has
the meaning given such term in section 101(a) of title 10, United
States Code.
(2) Small business concern.--The term ``small business
concern'' has the meaning given such term under section 3 of the
Small Business Act (15 U.S.C. 632).
SEC. 875. DEMONSTRATION OF COMMERCIAL DUE DILIGENCE FOR SMALL
BUSINESS PROGRAMS.
(a) Demonstration Required.--Not later than December 31, 2027, the
Secretary of Defense shall establish a program to carry out a
demonstration of commercial due diligence tools, techniques, and
processes in order to support small businesses in identifying attempts
by malicious foreign actors to gain undue access to, or foreign
ownership, control, or influence over--
(1) the small business; or
(2) any technology a small business is developing pursuant to a
contract or other agreement with the Department of Defense.
(b) Elements.--The program required under subsection (a) shall
include the following:
(1) The identification of one or more entities to be
responsible for the commercial due diligence tools, techniques, and
processes that are part of a demonstration under the program and a
description of the interactions required between such entity, small
businesses, and the government agencies that enforce such tools,
techniques, and processes.
(2) An assessment of commercial due diligence tools,
techniques, and processes already in use by each Office of Small
Business Programs.
(3) The development of methods to analyze the commercial due
diligence tools, techniques, and processes that are part of a
demonstration under the program to--
(A) monitor and assess attempts described in subsection
(a);
(B) provide information on such attempts to applicable
small businesses; and
(C) allow small businesses that are subject to such
attempts to provide information about such attempts to the
Secretary of Defense.
(4) The development of training and resources for small
businesses that can be shared directly with such businesses or
through a procurement technical assistance program established
under chapter 388 of title 10, United States Code.
(5) The implementation of performance measures to assess the
effectiveness of such program.
(c) Briefing Required.--Not later than April 1, 2023, the Secretary
of Defense shall provide to the congressional defense committees an
interim briefing on the program required under subsection (a) that
includes the following:
(1) An identification of any entity described in subsection
(b)(1).
(2) A description of the methodology for executing any
demonstrations under the program, including any analytical tools or
metrics identified to support such a demonstration.
(3) A description of any identified instances of attempts
described in subsection (a).
(4) An identification of improvements or gaps in resources,
capabilities, or authorities, and other lessons learned from any
demonstrations under the program.
(d) Assessment.--Not later than March 1, 2028, the Secretary shall
submit to the congressional defense committees a report on the program
required under subsection (a), including any identified instances of
attempts described in such subsection, any lessons learned, and any
recommendations for legislative action related to such program.
(e) Definitions.--In this section:
(1) The term ``foreign ownership, control, or influence'' has
the meaning given in section 847 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1505; 10 U.S.C. 4819 note).
(2) The term ``Office of Small Business Programs'' means--
(A) the Office of Small Business Programs of the Department
of Defense established under section 144 of title 10, United
States Code;
(B) the Office of Small Business Programs of the Department
of the Army established under section 7024 of such title;
(C) the Office of Small Business Programs of the Department
of the Navy established under section 8028 of such title; and
(D) the Office of Small Business Programs of the Department
of the Air Force established under section 9024 of such title.
SEC. 876. DEVELOPMENT AND ASSESSMENT OF MISSION EFFECTIVENESS
METRICS.
(a) In General.--The Secretary of Defense, in coordination with the
service acquisition executives (as defined in section 101(a) of title
10, United States Code), shall conduct a study on the metrics necessary
to assess the effectiveness of the SBIR and STTR programs of the
Department of Defense in meeting the mission needs of the Department,
including by developing metrics and collecting and assessing
longitudinal data necessary for evaluation of those metrics.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An assessment of the measurable ways in which the SBIR and
STTR programs of the Department of Defense support the mission
needs of the Department.
(2) The development of recurring, quantifiable metrics for
measuring the ability of the SBIR and STTR programs of the
Department to deliver products and services that meet the mission
needs of the Department.
(3) An evaluation of currently available data to support the
assessment of the metrics described in paragraph (2), including the
identification of areas where gaps in the availability of such data
exist that may require collecting new data or modifying existing
data.
(4) The identification of current means and methods available
to the Department for collecting data in an automated fashion,
including the identification of areas where gaps in the automated
collection of data exist that may require new means for collecting
or visualizing data.
(5) The development of an analysis and assessment methodology
framework to make tradeoffs between the metrics described in
paragraph (2) and existing commercialization benchmarks of the
Department to enhance the decision-making of the Department
regarding the benefits of the SBIR and STTR programs of the
Department.
(c) Briefings.--
(1) Interim briefing.--Not later than six months after the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and House of
Representatives a briefing on the development of the metrics
described in subsection (a) for the study required under such
subsection.
(2) Final briefing.--Not later than one year after the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and House of
Representatives a briefing on the results of the study required
under subsection (a).
Subtitle G--Other Matters
SEC. 881. TECHNICAL CORRECTION TO EFFECTIVE DATE OF THE TRANSFER OF
CERTAIN TITLE 10 ACQUISITION PROVISIONS.
(a) In General.--The amendments made by section 1701(e) and
paragraphs (1) and (2) of section 802(b) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) shall be
deemed to have taken effect immediately before the amendments made by
section 1881 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
4293).
(b) Treatment of Section 4027 Requirements.--An individual or
entity to which the requirements under section 4027 of title 10, United
States Code, were applicable during the period beginning on January 1,
2022, and ending on the date of the enactment of this Act pursuant to
subsection (a) shall be deemed to have complied with such requirements
during such period.
SEC. 882. SECURITY CLEARANCE BRIDGE PILOT PROGRAM.
(a) In General.--The Secretary of Defense, in consultation with the
Director of National Intelligence, shall conduct a pilot program to
allow the Defense Counterintelligence and Security Agency to sponsor
the personal security clearances of the employees of innovative
technology companies that are performing a contract of the Department
of Defense while the Government completes the adjudication of the
facility clearance application of such a innovative technology company.
(b) Additional Requirements.--
(1) Personal security clearance authority.--
(A) In general.--Under the pilot program, the Defense
Counterintelligence and Security Agency may nominate and
sponsor the personal security clearances of the employees of an
innovative technology company.
(B) Limitation.--Under the pilot program, the Defense
Counterintelligence and Security Agency may sponsor the
personal security clearances of employees of not more than 75
innovative technology companies.
(2) Adjudication of the facility clearance application.--Any
adjudication of a facility clearance application of an innovative
technology company described in subsection (a) shall include an
assessment and mitigation of foreign ownership, control, or
influence of the innovative technology company, as applicable.
(c) Clearance Transfer.--
(1) In general.--Not later than 30 days after an innovative
technology company is granted facility clearance, the Defense
Counterintelligence and Security Agency shall transfer any personal
clearances of employees of the innovative technology company held
by the Defense Counterintelligence and Security Agency under the
pilot program back to the innovative technology company.
(2) Denial of facility clearance.--Not later than 10 days after
an innovative technology company is denied facility clearance, the
Defense Counterintelligence and Security Agency shall release any
personal clearances of employees of the innovative technology
company held by the Defense Counterintelligence and Security Agency
under the pilot program.
(d) Participant Selection.--The Under Secretary of Defense for
Research and Engineering, in consultation with the Under Secretary of
Defense for Acquisition and Sustainment and the service acquisition
executive of the military department concerned (as such terms are
defined, respectively, in section 101 of title 10, United States Code),
shall select innovative technology companies to participate in the
pilot program.
(e) Sunset.--The pilot program shall terminate on December 31,
2028.
(f) Definitions.--In this section:
(1) Facility clearance.--The term ``facility clearance'' has
the meaning given the term ``Facility Clearance'' in section 95.5
of title 10, Code of Federal Regulations, or any successor
regulation.
(2) Foreign ownership, control, or influence.--The term
``foreign ownership, control, or influence'' has the meaning given
in section 847 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1505; 10 U.S.C. 4819 note).
(3) Innovative technology company.--The term ``innovative
technology company'' means a nontraditional defense contractor (as
defined in section 3014 of title 10, United States Code) that--
(A) provides goods or services related to--
(i) one or more of the 14 critical technology areas
described in the memorandum by the Under Secretary of
Defense for Research and Engineering issued on February 1,
2022, entitled ``USD(R&E) Technology Vision for an Era of
Competition''; or
(ii) information technology, software, or hardware that
is unavailable from any other entity that possesses a
facility clearance; and
(B) is selected by the Under Secretary of Defense for
Research and Engineering under subsection (d) to participate in
the pilot program.
(4) Personal security clearance.--The term ``personal security
clearance'' means the security clearance of an individual who has
received approval from the Department of Defense to access
classified information.
(5) Pilot program.--The term ``pilot program'' means the pilot
program established under subsection (a).
SEC. 883. EXISTING AGREEMENT LIMITS FOR OPERATION WARP SPEED.
The value of any modification to, or order made under, a contract
or other agreement by the Department of Defense on or after March 1,
2020, to address the COVID-19 pandemic through vaccines and other
therapeutic measures shall not be counted toward any limit established
prior to March 1, 2020, on the total estimated amount of all projects
to be issued under the contract or other agreement (except that the
value of such modification or order shall count toward meeting any
guaranteed minimum value under the contract or other agreement).
SEC. 884. INCORPORATION OF CONTROLLED UNCLASSIFIED INFORMATION
GUIDANCE INTO PROGRAM CLASSIFICATION GUIDES AND PROGRAM
PROTECTION PLANS.
(a) Updates Required.--
(1) In general.--The Secretary of Defense shall, acting through
the Under Secretary of Defense for Intelligence and Security and
the Under Secretary of Defense for Research and Engineering, ensure
that all program classification guides (for classified programs)
and all program protection plans (for unclassified programs)
include guidance for the proper marking for controlled unclassified
information at their next regularly scheduled update.
(2) Elements.--Guidance under paragraph (1) shall include the
following:
(A) A requirement to use document portion markings for
controlled unclassified information.
(B) A process to ensure controlled unclassified information
document portion markings are used properly and consistently.
(b) Monitoring of Progress.--In tracking the progress in carrying
out subsection (a), the Under Secretary of Defense for Intelligence and
Security and the Under Secretary of Defense for Research and
Engineering shall implement a process for monitoring progress that
includes the following:
(1) Tracking of all program classification guides and program
protection plans so they include document portion marking for
controlled unclassified information, and the dates when controlled
unclassified information guidance updates are completed.
(2) Updated training in order to ensure that all government and
contractor personnel using the guides described in subsection
(a)(1) receive instruction, as well as periodic spot checks, to
ensure that training is sufficient and properly implemented to
ensure consistent application of document portion marking guidance.
(3) A process for feedback to ensure that any identified gaps
or lessons learned are incorporated into guidance and training
instructions.
(c) Required Completion.--The Secretary shall ensure that the
updates required by subsection (a) are completed before January 1,
2029.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy
Assistant Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief
Management Officer.
Sec. 903. Limitation on use of funds pending demonstration of product to
identify, task, and manage congressional reporting
requirements.
Sec. 904. Limitation on use of funds pending compliance with
requirements relating to alignment of Close Combat Lethality
Task Force.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic
spectrum operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management
systems.
Sec. 918. Report on potential transition of all members of the Space
Force into a single component.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. INCREASE IN AUTHORIZED NUMBER OF ASSISTANT AND DEPUTY
ASSISTANT SECRETARIES OF DEFENSE.
(a) Assistant Secretary of Defense for Cyber Policy.--Section
138(b) of title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(8) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Cyber Policy. The principal duty of the Assistant
Secretary shall be the overall supervision of policy of the Department
of Defense for cyber. The Assistant Secretary is the Principal Cyber
Advisor described in section 392a(a) of this title.''.
(b) Increase in Authorized Number of Assistant Secretaries of
Defense.--
(1) Increase.--Section 138(a)(1) of title 10, United States
Code, is amended by striking ``15'' and inserting ``19''.
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by striking ``Assistant Secretaries of
Defense (14).'' and inserting ``Assistant Secretaries of Defense
(19).''.
(c) Increase in Authorized Number of Deputy Assistant Secretaries
of Defense.--
(1) Increase.--Section 138 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) The number of Deputy Assistant Secretaries of Defense may not
exceed 60.''.
(2) Conforming repeal.--Section 908 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1514; 10 U.S.C. 138 note) is repealed.
(d) Additional Amendments.--Section 138(b) of title 10, United
States Code, is amended--
(1) in paragraph (2)(A)--
(A) in the second sentence in the matter preceding clause
(i), by striking ``He shall have as his principal duty'' and
inserting ``The principal duty of the Assistant Secretary shall
be''; and
(B) in clause (ii), by striking subclause (III);
(2) in paragraph (3), in the second sentence, by striking ``He
shall have as his principal duty'' and inserting ``The principal
duty of the Assistant Secretary shall be'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking the semicolon and
inserting ``; and'';
(B) in subparagraph (B), by striking ``; and'' inserting a
period; and
(C) by striking subparagraph (C); and
(4) in paragraph (6), by striking ``shall--'' and all that
follows and inserting ``shall advise the Under Secretary of Defense
for Acquisition and Sustainment on industrial base policies.''.
(e) Evaluation and Review.--Section 1504 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
2022) is amended--
(1) in subsection (a), by striking ``Not later than 180 days
after the date of the enactment of this Act'' and inserting ``Not
later than April 1, 2023''; and
(2) in subsection (b)--
(A) in paragraph (13), by striking ``and'' at the end;
(B) by redesignating paragraph (14) as paragraph (17); and
(C) by inserting after paragraph (13) the following new
paragraphs:
``(14) assess the need to retain or modify the relationships,
authorities, roles, and responsibilities of the Principal Cyber
Advisor described in section 392a(a) of title 10, United States
Code;
``(15) assess the organizational construct of the Department of
Defense and how authorities, roles, and responsibilities for
matters relating to cyber activities are distributed among the
Under Secretaries, Assistant Secretaries, and Deputy Assistant
Secretaries of Defense and among civilian officials within the
military departments with roles and responsibilities relating to
cyber activities;
``(16) make recommendations for changes to statutes affecting
the organizational construct of the Department of Defense to
improve the oversight, management, and coordination of--
``(A) policies, programs, and strategies relating to cyber
activities;
``(B) the execution of the authorities of the United States
Cyber Command; and
``(C) other matters relating to cyber activities; and''.
SEC. 902. CONFORMING AMENDMENTS RELATING TO REPEAL OF POSITION OF
CHIEF MANAGEMENT OFFICER.
Section 2222 of title 10, United States Code, is amended--
(1) in subsection (c)(2), by striking ``the Chief Management
Officer of the Department of Defense, the Under Secretary of
Defense for Acquisition and Sustainment, the Chief Information
Officer, and the Chief Management Officer'' and inserting ``the
Chief Information Officer of the Department of Defense, the Under
Secretary of Defense for Acquisition and Sustainment, and the Chief
Information Officer'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the Chief Management
Officer'' and inserting ``the Chief Information Officer''; and
(B) in paragraph (6)--
(i) in subparagraph (A), in the matter preceding clause
(i)--
(I) in the first sentence, by striking ``The Chief
Management Officer of the Department of Defense'' and
inserting ``The Chief Information Officer of the
Department of Defense, in coordination with the Chief
Data and Artificial Intelligence Officer,''; and
(II) in the second sentence, by striking ``the
Chief Management Officer shall'' and inserting ``the
Chief Information Officer shall''; and
(ii) in subparagraph (B), in the matter preceding
clause (i), by striking ``The Chief Management Officer''
and inserting ``The Chief Information Officer'';
(3) in subsection (f)--
(A) in paragraph (1), in the second sentence, by striking
``the Chief Management Officer and''; and
(B) in paragraph (2)--
(i) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(ii) by inserting before subparagraph (B), as
redesignated by clause (i), the following new subparagraph
(A):
``(A) The Chief Information Officers of the military
departments, or their designees.''; and
(iii) in subparagraph (C), as so redesignated, by
adding at the end the following new clause:
``(iv) The Chief Data and Artificial Intelligence
Officer of the Department of Defense.'';
(4) in subsection (g)(2), by striking ``the Chief Management
Officer'' each place it appears and inserting ``the Chief
Information Officer''; and
(5) in subsection (i)(5)(B), by striking ``the Chief Management
Officer'' and inserting ``the Chief Information Officer''.
SEC. 903. LIMITATION ON USE OF FUNDS PENDING DEMONSTRATION OF
PRODUCT TO IDENTIFY, TASK, AND MANAGE CONGRESSIONAL REPORTING
REQUIREMENTS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for operation and maintenance,
Defense-wide, for the Office of the Secretary of Defense, not more than
90 percent may be obligated or expended until the Secretary of Defense
demonstrates a minimum viable product--
(1) to optimize and modernize the process described in section
908(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10
U.S.C. 111 note) for identifying reports to Congress required by
annual national defense authorization Acts, assigning
responsibility for preparation of such reports, and managing the
completion and delivery of such reports to Congress; and
(2) that includes capabilities to enable--
(A) direct access by the congressional defense committees
to the follow-on system to that process using secure
credentials;
(B) rapid automatic ingestion of data provided by those
committees with respect to reports and briefings required to be
submitted to Congress in a comma-separated value spreadsheet;
(C) sortable and exportable database views for tracking and
research purposes;
(D) automated notification of relevant congressional staff
and archival systems; and
(E) integration with Microsoft Office.
SEC. 904. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH
REQUIREMENTS RELATING TO ALIGNMENT OF CLOSE COMBAT LETHALITY TASK
FORCE.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for operation and maintenance,
Defense-wide, for the Office of the Secretary of Defense, not more than
75 percent may be obligated or expended until the Department of Defense
complies with the requirements of section 911 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1878) (relating to alignment of the Close Combat Lethality Task Force).
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. UPDATES TO MANAGEMENT REFORM FRAMEWORK.
Section 125a of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``2022'' and inserting
``2023''; and
(B) in paragraph (3), by inserting ``the Director for
Administration and Management of the Department of Defense,''
after ``the Chief Information Officer of the Department of
Defense,''; and
(2) in subsection (d)--
(A) by redesignating paragraph (6) as paragraph (9); and
(B) by inserting after paragraph (5) the following new
paragraphs:
``(6) Development and implementation of a uniform methodology
for tracking and assessing cost savings and cost avoidance from
reform initiatives.
``(7) Implementation of reform-focused research to improve
management and administrative science.
``(8) Tracking and implementation of technological approaches
to improve management decision-making, such as artificial
intelligence tools.''.
SEC. 912. BRIEFING ON CHANGES TO UNIFIED COMMAND PLAN.
Paragraph (2) of section 161(b) of title 10, United States Code, is
amended to read as follows:
``(2) Except during time of hostilities or imminent threat of
hostilities, the President shall--
``(A) not more than 60 days after establishing a new combatant
command--
``(i) notify Congress of the establishment of such command;
and
``(ii) provide to Congress a briefing on the establishment
of such command; and
``(B) not more than 60 days after significantly revising the
missions, responsibilities, or force structure of an existing
combatant command--
``(i) notify Congress of such revisions; and
``(ii) provide to Congress a briefing on such revisions.''.
SEC. 913. CLARIFICATION OF PEACETIME FUNCTIONS OF THE NAVY.
Section 8062(a) of title 10, United States Code, is amended--
(1) in the second sentence, by striking ``primarily'' and
inserting ``for the peacetime promotion of the national security
interests and prosperity of the United States and''; and
(2) in the third sentence, by striking ``for the effective
prosecution of war'' and inserting ``for the duties described in
the preceding sentence''.
SEC. 914. RESPONSIBILITIES AND FUNCTIONS RELATING TO
ELECTROMAGNETIC SPECTRUM OPERATIONS.
Section 1053(g) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
113 note) is amended--
(1) in the subsection heading, by striking ``Transfer of
Responsibilities and Functions Relating to Electromagnetic Spectrum
Operations'' and inserting ``Report on Appropriate Alignment of
Responsibilities and Functions Relating to Electromagnetic Spectrum
Operations; Evaluations'';
(2) by striking paragraphs (1), (2), and (5);
(3) by inserting the following new paragraph (1):
``(1) Report required.--
``(A) In general.--Not later than March 31, 2023, the
Secretary of Defense shall submit to the congressional defense
committees a report on the appropriate alignment of
electromagnetic spectrum operations responsibilities and
functions.
``(B) Considerations.--In developing the report required by
subparagraph (A), the Secretary of Defense shall consider the
following:
``(i) The appropriate role of each existing
organization and element of the Department of Defense with
responsibilities or functions relating to electromagnetic
spectrum operations and the potential establishment of a
new entity dedicated electromagnetic spectrum operations
within one or more of those organizations or elements.
``(ii) Whether the organizational structure responsible
for electromagnetic spectrum operations within the
Department--
``(I) should be a unitary structure, in which a
single organization or element is primarily responsible
for all aspects of such operations; or
``(II) a hybrid structure, in which separate
organizations or elements are responsible for different
aspects of electromagnetic spectrum operations.
``(iii) The resources required to fulfill the specified
responsibilities and functions.''; and
(4) by redesignating paragraphs (3) and (4) as paragraphs (2)
and (3), respectively.
SEC. 915. JOINT ALL DOMAIN COMMAND AND CONTROL.
(a) Direction and Control of Joint All Domain Command and
Control.--The Deputy Secretary of Defense, in coordination with the
Vice Chairman of the Joint Chiefs of Staff, shall oversee joint all
domain command and control (commonly known as ``JADC2'') to ensure--
(1) close collaboration with the Joint Requirements Oversight
Council, the combatant commands, and the military services
regarding operational requirements and requirements satisfaction
relating to joint all domain command and control; and
(2) objective assessments to the Deputy Secretary and Vice
Chairman about the progress of the Department of Defense in
achieving the objectives of joint all domain command and control.
(b) Demonstrations and Fielding of Mission Threads.--
(1) In general.--The Deputy Secretary and Vice Chairman shall
take the following actions in support of the objectives described
in paragraph (2):
(A) In consultation with the Commander of the United States
Indo-Pacific Command and the commanders of such other combatant
commands as may be designated by the Deputy Secretary--
(i) identify a prioritized list of difficult mission-
critical operational challenges specific to the area of
operations of the designated commands;
(ii) design and recommend resourcing options, through
the Office of Cost Analysis and Program Evaluation and the
Management Action Group of the Deputy Secretary, a series
of multi-domain, multi-service and multi-agency, multi-
platform, and multisystem end-to-end integrated kinetic and
non-kinetic mission threads, including necessary battle
management functions, to solve the operational challenges
identified in clause (i);
(iii) demonstrate the ability to execute the integrated
mission threads identified in clause (ii) in realistic
conditions on a repeatable basis, including the ability to
achieve, through mission integration software,
interoperability among effects chain components that do not
conform to common interface standards, including the use of
the System of Systems Technology Integration Tool Chain for
Heterogeneous Electronic Systems (commonly known as
``STITCHES'') managed by the 350th Spectrum Warfare Wing of
the Department of the Air Force; and
(iv) create a plan to deploy the mission threads to the
area of operations of the United States Indo-Pacific
Command and such other combatant commands as may be
designated by Deputy Secretary, and execute the mission
threads at the scale and pace required to solve the
identified operational challenges, including necessary
logistics and sustainment capabilities.
(B) Designate organizations to serve as transition partners
for integrated mission threads and ensure such integrated
mission threads are maintained and exercised as operational
capabilities in the United States Indo-Pacific Command and such
other combatant commands as may be designated by Deputy
Secretary.
(C) Designate organizations and elements of the Department
of Defense as the Deputy Secretary determines appropriate to be
responsible for--
(i) serving as mission managers for composing and
demonstrating the integrated mission threads under the
mission management pilot program established by section 871
of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 10 U.S.C. 191 note);
(ii) providing continuing support and sustainment for,
and training and exercising of, the integrated mission
threads under the operational command of the Commander of
United States Indo-Pacific Command and such other combatant
commands as may be designated by Deputy Secretary;
(iii) planning and executing experimentation and
demonstrations with--
(I) Joint data integration approaches;
(II) mission integration capabilities, especially
software; and
(III) Joint tactics, techniques, and procedures;
(iv) assisting in fielding mission integration software
to encourage the development and employment of such
software on a larger scale, especially at the designated
combatant commands;
(v) assessing and integrating, as appropriate, the
capabilities of Assault Breaker II, developed by the
Defense Advanced Research Projects Agency, and related
developmental efforts as those efforts transition to
operational deployment; and
(vi) integrating joint all domain command and control
mission threads and mission command and control, including
in conflicts that arise with minimal warning, and
exercising other joint all domain command and control
capabilities and functions.
(D) Integrate the planning and demonstrations of the
mission threads with--
(i) the Production, Exploitation, and Dissemination
Center in the United States Indo-Pacific Command;
(ii) the Family of Integrated Targeting Cells; and
(iii) the tactical dissemination and information
sharing systems for the Armed Forces and allies of the
United States, including the Mission Partner Environment
and the Maven Smart System.
(2) Objectives described.--The objectives described in this
paragraph are the following--
(A) to support the emphasis of the National Defense
Strategy on adversary-specific deterrence postures;
(B) to support actions that can be taken within the period
covered by the future-years defense program focused on--
(i) critical mission threads, such as kinetic kill
chains and non-kinetic effects chains; and
(ii) integrated concepts of operation;
(C) to support demonstrations and experimentation; and
(D) to achieve the objectives of the Joint All Domain
Command and Control Strategy and Implementation Plan approved
by the Deputy Secretary of Defense.
(c) Performance Goals.--The Deputy Secretary, the Vice Chairman,
and the commanders of such other combatant commands as may be
designated by the Deputy Secretary shall seek to--
(1) beginning in the third quarter of fiscal year 2023,
demonstrate new integrated mission threads on a regularly recurring
basis multiple times each year; and
(2) include such demonstrations, as feasible, in the Rapid
Defense Experimentation Reserve campaign of experimentation,
Valiant Shield, Northern Edge, the Large Scale Global Exercise, the
quarterly Scarlet Dragon exercises, the Global Information
Dominance Experiments, and annual force exercises in the area of
responsibility of the United States Indo-Pacific Command.
(d) Definitions.--In this section:
(1) The term ``Deputy Secretary'' means the Deputy Secretary of
Defense.
(2) The term ``Family of Integrated Targeting Cells'' means the
Maritime Targeting Cell-Afloat, the Maritime Targeting Cell-
Expeditionary, the Tactical Intelligence Targeting Access Node,
Tactical Operations Center Medium/Light, and other interoperable
command and control nodes that are able to task the collection of,
receive, process, and disseminate track and targeting information
from many sensing systems in disconnected, denied, intermittent or
limited bandwidth conditions.
(3) The term ``joint all domain command and control'' refers to
the warfighting capabilities that support commander decision making
at all echelons from campaigning to conflict, across all domains,
and with partners, to deliver information advantage.
(4) The term ``mission command'' is the employment of military
operations through decentralized execution based upon mission-type
orders and the intent of commanders.
(5) The terms ``mission thread'', ``kill chain'', and ``effects
chain'' have the meanings given those terms in the publication of
the Office of the Under Secretary of Defense for Research and
Engineering titled ``Mission Engineering Guide'' and dated November
2020.
(6) The term ``Vice Chairman'' means the Vice Chairman of the
Joint Chiefs of Staff.
SEC. 916. STRATEGIC MANAGEMENT DASHBOARD DEMONSTRATION.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall conduct a
demonstration of a strategic management dashboard to automate the data
collection and data visualization of the primary management goals of
the Department of Defense.
(b) Elements.--The Secretary of Defense shall ensure that the
strategic management dashboard demonstrated under subsection (a)
includes the following:
(1) The capability for real-time monitoring of the performance
of the Department of Defense in meeting the management goals of the
Department.
(2) An integrated analytics capability, including the ability
to dynamically add or upgrade new capabilities when needed.
(3) Integration with the framework required by subsection (c)
of section 125a of title 10, United States Code, for measuring the
progress of the Department toward covered elements of reform (as
defined in subsection (d) of that section).
(4) Incorporation of the elements of the strategic management
plan required by section 904(d) of the National Defense
Authorization Act of Fiscal Year 2008 (Public Law 110-181; 10
U.S.C. note prec. 2201), as derived from automated data feeds from
existing information systems and databases.
(5) Incorporation of the elements of the most recent annual
performance plan of the Department required by section 1115(b) of
title 31, United States Code, and the most recent update on
performance of the Department required by section 1116 of that
title.
(6) Use of artificial intelligence and machine learning tools
to improve decision making and assessment relating to data
analytics.
(7) Adoption of leading and lagging indicators for key
strategic management goals.
(c) Authorities.--
(1) In general.--In conducting the demonstration required by
subsection (a), the Secretary of Defense may use the authorities
described in paragraph (2), and such other authorities as the
Secretary considers appropriate--
(A) to help accelerate the development of innovative
technological or process approaches; and
(B) to attract new entrants to solve the data management
and visualization challenges of the Department.
(2) Authorities described.--The authorities described in this
paragraph are the authorities provided under the following
provisions of law:
(A) Section 4025 of title 10, United States Code (relating
to prizes for advanced technology achievements).
(B) Section 217 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2222 note)
(relating to science and technology activities to support
business systems information technology acquisition programs).
(C) Section 908 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 129a note)
(relating to management innovation activities).
(d) Use of Best Practices.--In conducting the demonstration
required by subsection (a), the Secretary of Defense shall leverage
commercial best practices in management and leading research in
management and data science.
(e) Strategic Management Dashboard Defined.--In this section, the
term ``strategic management dashboard'' means a system for dynamically
displaying management metrics, performance goals, and other information
necessary for Department of Defense leadership to make strategic
decisions related to the management of the Department using modern,
commercial practices for data visualization and drawn from existing
automated information systems available to the Department.
SEC. 917. DEMONSTRATION PROGRAM FOR COMPONENT CONTENT MANAGEMENT
SYSTEMS.
(a) In General.--Not later than July 1, 2023, the Chief Information
Officer of the Department of Defense, in coordination with the official
designated under section 238(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
note prec. 4061), shall complete a pilot program to demonstrate the
application of component content management systems to a distinct set
of data of the Department.
(b) Selection of Data Set.--In selecting a distinct set of data of
the Department for purposes of the pilot program required by subsection
(a), the Chief Information Officer shall consult with, at a minimum,
the following:
(1) The Office of the Secretary of Defense, with respect to
directives, instructions, and other regulatory documents of the
Department.
(2) The Office of the Secretary of Defense and the Joint Staff,
with respect to execution orders.
(3) The Office of the Under Secretary of Defense for Research
and Engineering and the military departments, with respect to
technical manuals.
(4) The Office of the Under Secretary of Defense for
Acquisition and Sustainment, with respect to Contract Data
Requirements List documents.
(c) Authority to Enter Into Contracts.--Subject to the availability
of appropriations, the Secretary of Defense may enter into contracts or
other agreements with public or private entities to conduct studies and
demonstration projects under the pilot program required by subsection
(a).
(c) Briefing Required.--Not later than 60 days after the date of
the enactment of this Act, the Chief Information Officer shall provide
to the congressional defense committees a briefing on plans to
implement the pilot program required by subsection (a).
(d) Component Content Management System Defined.--In this section,
the term ``component content management system'' means any content
management system that enables the management of content at a component
level instead of at the document level.
SEC. 918. REPORT ON POTENTIAL TRANSITION OF ALL MEMBERS OF THE
SPACE FORCE INTO A SINGLE COMPONENT.
(a) Report Required.--Not later than March 1, 2023, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the proposal of the
Air Force to transition the Space Force into a single component (in
this section referred to as the Space Component)--
(1) that consists of all members of the Space Force, without
regard to whether such a member is, under laws in effect at the
time of the report, in the active or reserve component of the Space
Force; and
(2) in which such members may transfer between duty statuses
more freely than would otherwise be allowed under the laws in
effect at the time of the report.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A plan that describes any rules, regulations, policies,
guidance, and statutory provisions that may be implemented to
govern--
(A) the ability of a member of the Space Component to
transfer between duty statuses, the number of members
authorized to make such transfers, and the timing of such
transfers;
(B) the retirement of members of the Space Component,
including the determination of a member's eligibility for
retirement and the calculation of the retirement benefits
(including benefits under laws administered by the Secretary of
Veterans Affairs) to which the member would be entitled based
on a career consisting of service in duty statuses of the Space
Component; and
(C) the composition and operation of promotion selection
boards with respect to members of the Space Component,
including the treatment of general officers by such boards.
(2) A comprehensive analysis of how such proposal may affect
the ability of departments and agencies of the Federal Government
(including departments and agencies outside the Department of
Defense and the Department of Veterans Affairs) to accurately
calculate the pay or determine the benefits, including health care
benefits under chapter 55 of title 10, United States Code, to which
a member or former member of the Space Component is entitled at any
given time.
(3) Draft legislative text, prepared by the Office of
Legislative Counsel within the Office of the General Counsel of the
Department of Defense, that comprehensively sets forth all
amendments and modifications to Federal statutes needed to
effectively implement the proposal described in subsection (a),
including--
(A) amendments and modifications to titles 10, 37, and 38,
United States Code;
(B) amendments and modifications to Federal statutes
outside of such titles; and
(C) an analysis of each provision of Federal statutory law
that refers to the duty status of a member of an Armed Force,
or whether such member is in an active or reserve component,
and, for each such provision--
(i) a written determination indicating whether such
provision requires amendment or other modification to
clarify its applicability to a member of the Space
Component; and
(ii) if such an amendment or modification is required,
draft legislative text for such amendment or modification.
(4) An assessment of the feasibility and advisability of--
(A) exempting the proposed Space Component from the
existing ``up or out'' system of officer career advancement
first established by the amendments to title 10, United States
Code, made by the Defense Officer Personnel Management Act
(Public Law 96-513; 94 Stat. 2835);
(B) combining active and reserve components in a new,
single Space Component and whether a similar outcome could be
achieved using the existing active and reserve component
frameworks with modest statutory changes to allow reserve
officers to serve on sustained active duty; and
(C) creating career flexibility for reserve members of the
Space Component, including in shifting retirement points earned
from one year to the next and allowing members of the Space
Component to move back and forth between active and reserve
status for prolonged periods of time across a career.
(5) An assessment of the implications of the proposed
reorganization of the Space Force on the development of space as a
warfighting domain in the profession of arms, particularly with
respect to officer leadership, development, and stewardship of the
profession.
(6) A determination of whether existing government ethics
regulations are adequate to address potential conflicts of interest
for Space Component officers who seek to move back and forth
between sustained active duty and working for private sector
organizations in the space industry as reserve officers in the
Space Component.
(7) An analysis of the following:
(A) Whether the proposed Space Component framework is
consistent with the joint service requirements of chapter 38 of
title 10, United States Code.
(B) Budgetary implications of the establishment of the
Space Component.
(C) The nature of the relationship with private industry
and civilian employers that would be required and consistent
with professional ethics to successfully implement the Space
Component.
(D) The effect of establishing a Space Component on
diversity and inclusion within the Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans
review process.
Sec. 1003. Annual reports on budgetary effects of inflation.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions
directly concerning Marine Corps amphibious force structure
and capability.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or inactivating
battle force ships before end of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning
baseline plans.
Sec. 1027. Withholding of certain information about sunken military
crafts.
Sec. 1028. Business case analyses on disposition of certain Government-
owned dry-docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1033. Modification and extension of prohibition on use of funds for
transfer or release of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and
unclassified form.
Sec. 1042. Department of Defense support for funerals and memorial
events for Members and former Members of Congress.
Sec. 1043. Modification of authority for humanitarian demining
assistance and stockpiled conventional munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health
incidents.
Sec. 1045. Security clearances for recently separated members of the
Armed Forces and civilian employees of the Department of
Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense
systems for certain congressional staff for oversight
purposes.
Sec. 1047. Introduction of entities in transactions critical to national
security.
Sec. 1048. Joint training pipeline between United States Navy and Royal
Australian Navy.
Sec. 1049. Standardization of sectional barge construction for
Department of Defense use on rivers and intercoastal
waterways.
Sec. 1050. Department of Defense support for recently enacted
commissions.
Subtitle F--Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support
operations in the information environment.
Sec. 1053. Modification and continuation of reporting requirement
relating to humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan Shield.
Sec. 1056. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement regarding
enhancement of information sharing and coordination of
military training between Department of Homeland Security and
Department of Defense.
Sec. 1059. Continuation of requirement for annual report on National
Guard and reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to transfer
excess aircraft to other departments of the Federal Government
and authority to transfer excess aircraft to States.
Sec. 1061. Combatant command risk assessment for airborne intelligence,
surveillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space
near wind turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility
multipurpose wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on
Government Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying
missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding
distinction between combatants and civilians in United States
military operations.
Sec. 1068. Report on strategy and improvement of community engagement
efforts of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the
Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for
civil authorities to address immigration at the southwest
border.
Sec. 1071. Annual report on procurement of equipment by State and local
governments through the Department of Defense.
Sec. 1072. Briefing on financial oversight of certain educational
institutions receiving Department of Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on
Department of Defense hiring, retention, and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major
units of the United States Armed Forces to certain European
countries.
Sec. 1076. Report on effects of strategic competitor naval facilities in
Africa.
Subtitle G--Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Department of Defense Civilian Protection Center of
Excellence.
Sec. 1083. Ronald V. Dellums Memorial Fellowship in STEM.
Sec. 1084. Amendment to memorial for members of the Armed Forces killed
in attack on Hamid Karzai International Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of
operations of United States Indo-Pacific Command.
Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for
Strategic Studies as the James M. Inhofe Center for Africa
Strategic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2
joint training exercises.
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made available to
the Department of Defense in this division for fiscal year 2023
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the total
amount of authorizations that the Secretary may transfer under the
authority of this section may not exceed $6,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that have a
higher priority than the items from which authority is transferred;
and
(2) may not be used to provide authority for an item that has
been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. SENSE OF CONGRESS RELATING TO THE CORRECTIVE ACTION PLANS
REVIEW PROCESS.
It is the sense of Congress that the Under Secretary of Defense
(Comptroller) should--
(1) take appropriate steps to improve the corrective action
plans review process, including by linking notices of findings and
recommendations with the corrective action plans to address such
notices; and
(2) update Department of Defense guidance to instruct the
Department and its components to document root cause analysis when
needed to address deficiencies auditors have identified.
SEC. 1003. ANNUAL REPORTS ON BUDGETARY EFFECTS OF INFLATION.
(a) Annual Report.--Not later than 30 days after the date of the
submission of the President's budget for a fiscal year under section
1105 of title 31, United States Code, the Secretary of Defense shall
deliver to the congressional defense committees a report on observed
and anticipated budgetary effects related to inflation, including--
(1) for each Department of Defense appropriation account--
(A) the amount appropriated for the fiscal year preceding
the fiscal year during which the report is submitted, the
amount appropriated for the fiscal year during which the report
is submitted, and the amount requested for the fiscal year for
which the budget is submitted;
(B) the relevant inflation index applied to each such
account at the time of the budget submission for the fiscal
year preceding the fiscal year during which the report is
submitted, the fiscal year during which the report is
submitted, and the fiscal year for which the budget is
submitted;
(C) the actual inflationary budgetary effects on each such
account for the fiscal year preceding the fiscal year during
which the report is submitted;
(D) the estimated inflationary budgetary effects for the
fiscal year during which the report is submitted and the fiscal
year for which the budget is submitted; and
(E) a calculation of estimated budgetary effects due to
inflation using the estimated indices for the fiscal year
during which the report is submitted compared to the estimated
indices for the fiscal year for the budget is submitted.
(2) for the fiscal year preceding the fiscal year during which
the report is submitted, the fiscal year during which the report is
submitted, and the fiscal year for which the budget is submitted, a
summary of any requests for equitable adjustment, exercising of
economic price adjustment (hereinafter referred to as ``EPA'')
clauses, or bilateral contract modifications to include an EPA,
including the contract type and fiscal year and the type and amount
of appropriated funds used for the contract;
(3) a summary of any methodological changes in Department of
Defense cost estimation practices for inflationary budgetary
effects for the fiscal year during which the report is submitted
and the fiscal year for which the budget is submitted; and
(4) any other matters the Secretary determines appropriate.
(b) Periodic Briefing.--Not later than 60 days after the conclusion
of the Department of Defense budget mid-year review, the Secretary of
Defense shall provide the congressional defense committees with a
briefing on--
(1) any changes in the observed or anticipated inflation
indices included in the report required under subsection (a);
(2) any actions taken by the Department of Defense to respond
to changes discussed in such report, with specific dollar value
figures; and
(3) any requests for equitable adjustment received by the
Department of Defense, economic price adjustment clauses exercised,
or bilateral contract modifications to include an EPA made since
the submission of the report required under subsection (a).
(c) Termination.--The requirement to submit a report under
subsection (a) and the requirement to provide a briefing under
subsection (b) shall terminate on the date that is five years after the
date of the enactment of this Act.
Subtitle B--Counterdrug Activities
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1007 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1889), is
further amended--
(1) in subsection (a)(1), by striking ``2023'' and inserting
``2025''; and
(2) in subsection (c), by striking ``2023'' and inserting
``2025''; and
(3) by adding at the end the following:
``(h) Annual Report on Plan Colombia.--Not later than 30 days after
the end of each fiscal year from 2023 to 2025, the Secretary of Defense
shall submit to the congressional defense committees and the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report that includes the following:
``(1) An assessment of the threat to Colombia from narcotics
trafficking and activities by organizations designated as foreign
terrorist organizations under section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
``(2) A description of the plan of the Government of Colombia
for the unified campaign described in subsection (a).
``(3) A description of the activities supported using the
authority provided by subsection (a).
``(4) An assessment of the effectiveness of the activities
described in paragraph (3) in addressing the threat described in
paragraph (1).''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.
Section 231(b)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(J) For any class of battle force ship for which the
procurement of the final ship of the class is proposed in the
relevant future-years defense program submitted under section 221
of this title--
``(i) a description of the expected specific effects on the
Navy shipbuilding industrial base of--
``(I) the termination of the production program for the
ship and the transition to a new or modified production
program, or
``(II) the termination of the production program for
the ship without a new or modified production program to
replace it; and
``(ii) in the case of any such production program for which
a replacement production program is proposed, a detailed
schedule for the replacement production program with planned
decision points, solicitations, and contract awards.''.
SEC. 1022. NAVY CONSULTATION WITH MARINE CORPS ON MAJOR DECISIONS
DIRECTLY CONCERNING MARINE CORPS AMPHIBIOUS FORCE STRUCTURE AND
CAPABILITY.
(a) In General.--Section 8026 of title 10, United States Code, is
amended by inserting ``or amphibious force structure and capability''
after ``Marine Corps aviation''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended by
inserting ``or amphibious force structure and capability'' after
``aviation''.
(2) Table of sections.--The table of sections at the beginning
of chapter 803 of such title is amended by striking the item
relating to section 8026 and inserting the following new item:
``8026. Consultation with Commandant of the Marine Corps on major
decisions directly concerning Marine Corps aviation or
amphibious force structure and capability.''.
SEC. 1023. AMPHIBIOUS WARSHIP FORCE STRUCTURE.
Section 8062 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in the first sentence, by inserting ``and not less than
31 operational amphibious warfare ships, of which not less than
10 shall be amphibious assault ships'' before the period; and
(B) in the second sentence--
(i) by inserting ``or amphibious warfare ship'' before
``includes''; and
(ii) by inserting ``or amphibious warfare ship'' before
``that is temporarily unavailable''; and
(2) by adding at the end the following new subsection:
``(g) In this section, the term `amphibious warfare ship' means a
ship that is classified as an amphibious assault ship (general purpose)
(LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious
transport dock (LPD), or a dock landing ship (LSD).''.
SEC. 1024. MODIFICATION TO LIMITATION ON DECOMMISSIONING OR
INACTIVATING BATTLE FORCE SHIPS BEFORE END OF EXPECTED SERVICE LIFE.
(a) In General.--Section 8678a(b) of title 10, United States Code,
is amended--
(1) in paragraph (1), by inserting ``by not later than three
days after the date on which the President submits the budget
materials under section 1105(a) of title 31 for the fiscal year in
which such waiver is sought'' after ``such ship''; and
(2) in paragraph (2), by striking ``such certification was
submitted'' and inserting ``the National Defense Authorization Act
for such fiscal year is enacted''.
(b) No Effect on Certain Ships.--The amendments made by subsection
(a) do not apply to a battle force ship (as such term is defined in
section 8678a(e)(1) of title 10, United States Code) that is proposed
to be decommissioned or inactivated during fiscal year 2023.
SEC. 1025. AMPHIBIOUS WARFARE SHIP ASSESSMENT AND REQUIREMENTS.
Section 8695 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Amphibious Warfare Ships.--In preparing each assessment and
requirement under subsection (a), the Commandant of the Marine Corps
shall be specifically responsible for developing the requirements
relating to amphibious warfare ships.''.
SEC. 1026. BATTLE FORCE SHIP EMPLOYMENT, MAINTENANCE, AND MANNING
BASELINE PLANS.
(a) In General.--Chapter 863 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8696. Battle force ship employment, maintenance, and manning
baseline plans
``(a) In General.--Not later than 45 days after the date of the
delivery of the first ship in a new class of battle force ships, the
Secretary of the Navy shall submit to the congressional defense
committees a report on the employment, maintenance, and manning
baseline plans for the class, including a description of the following:
``(1) The sustainment and maintenance plans for the class that
encompass the number of years the class is expected to be in
service, including--
``(A) the allocation of maintenance tasks among
organizational, intermediate, depot, or other activities;
``(B) the planned duration and interval of maintenance for
all depot-level maintenance availabilities; and
``(C) the planned duration and interval of drydock
maintenance periods.
``(2) Any contractually required integrated logistics support
deliverables for the ship, including technical manuals, and an
identification of--
``(A) the deliverables provided to the Government on or
before the delivery date; and
``(B) the deliverables not provided to the Government on or
before the delivery date and the expected dates those
deliverables will be provided to the Government.
``(3) The planned maintenance system for the ship, including--
``(A) the elements of the system, including maintenance
requirement cards, completed on or before the delivery date;
``(B) the elements of the system not completed on or before
the delivery date and the expected completion date of those
elements; and
``(C) the plans to complete planned maintenance from the
delivery date until all elements of the system have been
completed.
``(4) The coordinated shipboard allowance list for the class,
including--
``(A) the items on the list onboard on or before the
delivery date; and
``(B) the items on the list not onboard on or before the
delivery date and the expected arrival date of those items.
``(5) The ship manpower document for the class, including--
``(A) the number of officers by grade and designator; and
``(B) the number of enlisted personnel by rate and rating.
``(6) The personnel billets authorized for the ship for the
fiscal year in which the ship is delivered and each of the four
fiscal years thereafter, including--
``(A) the number of officers by grade and designator; and
``(B) the number of enlisted personnel by rate and rating.
``(7) Programmed funding for manning and end strength on the
ship for the fiscal year in which the ship is delivered and each of
the four fiscal years thereafter, including--
``(A) the number of officers by grade and designator; and
``(B) the number of enlisted personnel by rate and rating.
``(8) Personnel assigned to the ship on the delivery date,
including--
``(A) the number of officers by grade and designator; and
``(B) the number of enlisted personnel by rate and rating.
``(9) For each critical hull, mechanical, electrical,
propulsion, and combat system of the class as so designated by the
Senior Technical Authority pursuant to section 8669b(c)(2)(C) of
this title, the following:
``(A) The Government-provided training available for
personnel assigned to the ship at the time of delivery,
including the nature, objectives, duration, and location of the
training.
``(B) The contractor-provided training available for
personnel assigned to the ship at the time of delivery,
including the nature, objectives, duration, and location of the
training.
``(C) Plans to adjust how the training described in
subparagraphs (A) and (B) will be provided to personnel after
delivery, including the nature and timeline of those
adjustments.
``(10) The notional employment schedule of the ship for each
month of the fiscal year in which the ship is delivered and each of
the four fiscal years thereafter, including an identification of
time spent in the following phases:
``(A) Basic.
``(B) Integrated or advanced.
``(C) Deployment.
``(D) Maintenance.
``(E) Sustainment.
``(b) Notification Required.--Not less than 30 days before
implementing a significant change to the baseline plans described in
subsection (a) or any subsequent significant change, the Secretary of
the Navy shall submit to the congressional defense committees written
notification of the change, including for each such change the
following:
``(1) An explanation of the change.
``(2) The desired outcome.
``(3) The rationale.
``(4) The duration.
``(5) The operational effects.
``(6) The budgetary effects, including--
``(A) for the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the relevant class
of battle force ships.
``(7) The personnel effects, including--
``(A) for the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the relevant class
of battle force ships.
``(8) The sustainment and maintenance effects, including--
``(A) for the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the relevant class
of battle force ships.
``(c) Treatment of Certain Ships.--(1) For the purposes of this
section, the Secretary of the Navy shall treat as the first ship in a
new class of battle force ships the following:
``(A) U.S.S. John F. Kennedy (CVN-79).
``(B) U.S.S. Michael Monsoor (DDG-1001).
``(C) U.S.S. Jack H. Lucas (DDG-125).
``(2) For each ship described in paragraph (1), the Senior
Technical Authority shall identify critical systems for the purposes of
subsection (a)(9).
``(d) Definitions.--In this section:
``(1) The term `battle force ship' means the following:
``(A) A commissioned United States Ship warship capable of
contributing to combat operations.
``(B) A United States Naval Ship that contributes directly
to Navy warfighting or support missions.
``(2) The term `delivery' has the meaning provided for in
section 8671 of this title.
``(3) The term `Senior Technical Authority' has the meaning
provided for in section 8669b of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 863 of such title is amended by adding at the end the following
new item:
``8696. Battle force ship employment, maintenance, and manning baseline
plans.''.
SEC. 1027. WITHHOLDING OF CERTAIN INFORMATION ABOUT SUNKEN MILITARY
CRAFTS.
Section 1406 of the Sunken Military Craft Act (title XIV of Public
Law 108-375; 10 U.S.C. 113 note) is amended by adding at the end the
following new subsection:
``(j) Withholding of Certain Information.--Pursuant to
subparagraphs (A)(ii) and (B) of section 552(b)(3) of title 5 United
States Code, the Secretary concerned may withhold from public
disclosure information and data about the location or related artifacts
of a sunken military craft under the jurisdiction of the Secretary, if
such disclosure would increase the risk of the unauthorized disturbance
of one or more sunken military craft.''.
SEC. 1028. BUSINESS CASE ANALYSES ON DISPOSITION OF CERTAIN GOVERNMENT-
OWNED DRY-DOCKS.
(a) AFDM-10.--Not later than June 1, 2023, the Secretary of the
Navy shall submit to the congressional defense committees the results
of a business case analysis for Auxiliary Floating Dock, Medium-10 (in
this section referred to as ``AFDM-10'') that compares the following
options:
(1) The continued use of AFDM-10, in the same location and
under the same lease authorities in effect on the date of the
enactment of this Act.
(2) The relocation of AFDM-10 to Naval Station Everett,
including all infrastructure support requirement costs and
anticipated operating costs.
(3) The relocation and use of AFDM-10 in alternate locations
under the same lease authorities in effect on the date of the
enactment of this Act, including all infrastructure support
requirement costs and anticipated operating costs.
(4) The relocation and use of AFDM-10 in alternate locations
under alternative lease authorities.
(5) The conveyance of AFDM-10 at a fair market rate to an
appropriate non-Government entity with expertise in the non-nuclear
ship repair industry.
(6) Such other options as the Secretary determines appropriate.
(b) Graving Dock at Naval Base, San Diego.--Not later than June 1,
2023, the Secretary of the Navy shall submit to the congressional
defense committees the results of a business case analysis for the
Government-owned graving dock at Naval Base San Diego, California, that
compares the following options:
(1) The continued use of such graving dock, in accordance with
the utilization strategy described in the May 25, 2022 report to
Congress entitled ``Navy Dry Dock Strategy for Surface Ship
Maintenance and Repair''.
(2) Such other options as the Secretary determines appropriate.
(c) Matters for Evaluation.--The business case analyses required
under subsections (a) and (b) shall each include an evaluation of each
of the following:
(1) The extent to which the Secretary plans to execute a
consistent and balanced docking strategy that ensures the health of
private sector maintenance and repair capability and capacity.
(2) Legal, regulatory, and other requirements applicable to
each of the options considered under each such analysis, including
environmental documentation, and the effect that such requirements
are projected to have on the cost and schedule of such option.
(3) The extent to which the Secretary is considering adding dry
dock capacity, including an analysis of the projected cost of
adding such capacity and the potential effects of adding such
capacity on private sector repair and maintenance facilities.
(4) The projected use by the Navy of Government and non-
Government dry docks assets through fiscal year 2027.
(5) For each option considered under each such analysis, the
projected implementation timeline and costs.
(6) For each option considered under each such analysis, the
relative maintenance capacity and output.
SEC. 1029. PROHIBITION ON RETIREMENT OF CERTAIN NAVAL VESSELS.
(a) In General.--None of the funds authorized to be appropriated by
this Act for fiscal year 2023 may be obligated or expended to retire,
prepare to retire, or place in storage--
(1) any of the naval vessels referred to in subsection (b); or
(2) more than four Littoral Combat Ships.
(b) Naval Vessels.--The naval vessels referred to in this
subsection are the following:
(1) USS Vicksburg (CG 69).
(2) USS Germantown (LSD 42).
(3) USS Gunston Hall (LSD 44).
(4) USS Tortuga (LSD 46).
(5) USS Ashland (LSD 48).
(6) USNS Montford Point (T-ESD 1).
(7) USNS John Glenn (T-ESD 2).
(c) Littoral Combat Ships.--In the case of any Littoral Combat Ship
that is retired, prepared to retire, or placed in storage using funds
authorized to be appropriated by this Act for fiscal year 2023, the
Secretary of Defense shall ensure that such vessel is evaluated for
potential transfer to the military forces of a nation that is an ally
or partner of the United States.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as most
recently amended by section 1033 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is
further amended by striking ``December 31, 2022'' and inserting
``December 31, 2023''.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR
MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED
FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1954), as most recently amended by section 1034 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1901), is further amended by striking ``December 31, 2022'' and
inserting ``December 31, 2023''.
SEC. 1033. MODIFICATION AND EXTENSION OF PROHIBITION ON USE OF FUNDS
FOR TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most
recently amended by section 1032 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is
further amended--
(1) by striking ``December 31, 2022'' and inserting ``December
31, 2023'';
(2) by redesignating paragraphs (1) through (4) as paragraphs
(2) through (5), respectively; and
(3) by inserting before paragraph (2), as so redesignated, the
following new paragraph:
``(1) Afghanistan.''.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR
RELINQUISH CONTROL OF UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Section 1036 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1551), as most recently amended
by section 1035 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1901), is further amended by
striking ``2022'' and inserting ``2023''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. SUBMISSION OF NATIONAL DEFENSE STRATEGY IN CLASSIFIED AND
UNCLASSIFIED FORM.
Section 113(g)(1)(D) of title 10, United States Code, is amended by
striking ``in classified form with an unclassified summary.'' and
inserting ``in both classified and unclassified form. The unclassified
form may not be a summary of the classified document.''.
SEC. 1042. DEPARTMENT OF DEFENSE SUPPORT FOR FUNERALS AND MEMORIAL
EVENTS FOR MEMBERS AND FORMER MEMBERS OF CONGRESS.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 130 the following new section:
``Sec. 130a. Department of Defense support for funerals and memorial
events for Members and former Members of Congress
``(a) Support for Funerals.--Subject to subsection (b), the
Secretary of Defense may provide such support as the Secretary
considers appropriate for a funeral or memorial event for a Member or
former Member of Congress, including support with respect to
transportation to and from such a funeral or memorial event, in
accordance with this section.
``(b) Requests for Support; Secretary Determination.--The Secretary
may provide support under this section--
``(1) upon request from the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, or the Minority
Leader of the Senate; or
``(2) if the Secretary determines such support is necessary to
carry out duties or responsibilities of the Department of Defense.
``(c) Use of Funds.--The Secretary may use funds authorized to be
appropriated for operation and maintenance to provide support under
this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
130 the following new item:
``130a. Department of Defense support for funerals and memorial events
for Members and former Members of Congress.''.
SEC. 1043. MODIFICATION OF AUTHORITY FOR HUMANITARIAN DEMINING
ASSISTANCE AND STOCKPILED CONVENTIONAL MUNITIONS ASSISTANCE.
(a) Location of Assistance.--Section 407 of title 10, United States
Code, is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``carry out'' and inserting
``provide''; and
(ii) by striking ``in a country'' and inserting ``to a
country''; and
(B) in subparagraph (A), by striking ``in which the
activities are to be carried out'' and inserting ``to which the
assistance is to be provided''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``in which'' and inserting ``to
which''; and
(ii) by striking ``carried out'' and inserting
``provided'';
(B) in paragraph (2), by striking ``carried out in'' and
inserting ``provided to'';
(C) in paragraph (3)--
(i) by striking ``in which'' and inserting ``to
which''; and
(ii) by striking ``carried out'' and inserting
``provided''; and
(D) in paragraph (4), by striking ``in carrying out such
assistance in each such country'' and inserting ``in providing
such assistance to each such country''.
(b) Expenses.--Subsection (c) of such section 407 is amended--
(1) in paragraph (2), by adding at the end the following new
subparagraph:
``(C) Travel, transportation, and subsistence expenses of
foreign personnel to attend training provided by the Department of
Defense under this section.''; and
(2) by striking paragraph (3).
(c) Report.--Subsection (d) of such section 407, as amended by
subsection (a)(2) of this section, is further amended in the matter
preceding paragraph (1), by striking ``include in the annual report
under section 401 of this title a separate discussion of'' and
inserting ``submit to the Committee on Armed Services and the Committee
on Foreign Relations of the Senate and the Committee on Armed Services
and the Committee on Foreign Affairs of the House of Representatives a
report on''.
SEC. 1044. MODIFICATION OF PROVISIONS RELATING TO ANOMALOUS HEALTH
INCIDENTS.
(a) Cross-functional Team.--Section 910 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C.
111 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and any other'' and all
that follows through ``necessary; and'' and inserting ``,
including the causation, attribution, mitigation,
identification, and treatment for such incidents;'';
(B) in paragraph (2)--
(i) by inserting ``and deconflict'' after
``integrate'';
(ii) by striking ``agency'' and inserting ``agencies'';
and
(iii) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following new paragraph:
``(3) any other efforts regarding such incidents that the
Secretary considers appropriate.''; and
(2) in subsection (e)(2), by striking ``90 days'' and all that
follows through ``of enactment'' and inserting ``March 1, 2023, and
not less frequently than once every 180 days thereafter until March
1, 2026''.
(b) Access to Certain Facilities of Department of Defense.--Section
732 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1797; 10 U.S.C. 1071 note) is amended--
(1) in the section heading, by striking ``united states
government employees and their family members'' and inserting
``covered individuals'';
(2) in subsection (a), by striking ``employees of the United
States Government and their family members who'' and inserting
``covered individuals whom'';
(3) in subsection (c), by striking ``employees from those
agencies and their family members'' and inserting ``covered
individuals'';
(4) in subsection (d)--
(A) by striking ``employees of the United States Government
and their family members'' and inserting ``covered
individuals''; and
(B) by striking ``subject to an agreement by the employing
agency and the consent of the employee'' and inserting
``subject to the consent of the covered individual and, if
applicable, an agreement with the employing agency''; and
(5) by adding at the end the following new subsection:
``(e) Covered Individuals Defined.--In this section, the term
`covered individuals' means--
``(1) current and former employees of the United States
Government and their family members; and
``(2) current and former members of the Armed Forces and their
family members.''.
SEC. 1045. SECURITY CLEARANCES FOR RECENTLY SEPARATED MEMBERS OF THE
ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
(a) Improvements.--
(1) In general.--No later than September 30, 2023, the
Secretary of Defense, in coordination with the Director of National
Intelligence when acting as the Security Executive Agent, shall
establish a process to--
(A) determine, on the date on which a covered individual
separates from the Armed Forces or the Department of Defense
(as the case may be), whether the covered individual held an
eligibility to access classified information or to occupy a
sensitive position immediately prior to such separation and
requires an eligibility of an equal or lower level for
employment as a covered contractor, except as provided in
subsection (b);
(B) ensure that the re-establishment of trust of a covered
individual's eligibility to occupy a sensitive position takes
place expeditiously, in accordance with applicable laws,
Executive Orders, or Security Executive Agent policy; and
(C) ensure that any additional security processing required
to re-establish trust to reinstate a covered individual's
eligibility to access classified information or occupy a
sensitive position takes place expeditiously.
(2) Coast guard.--In the case of a member of the Armed Forces
who is a member of the Coast Guard, the Secretary of Defense shall
carry out paragraph (1) in consultation with the Secretary of the
Department in which the Coast Guard is operating.
(b) Exceptions.--
(1) In general.--Subsection (a) shall not apply with respect to
a covered individual--
(A) whose previously held security clearance is, or was as
of the date of separation of the covered individual, under
review as a result of one or more potentially disqualifying
factors or conditions that have not been fully investigated or
mitigated; or
(B) in the case of a member of the Armed Forces, who
separated from the Armed Forces under other than honorable
conditions.
(2) Clarification of review exception.--The exception specified
in paragraph (1)(A) shall not apply with respect to a routine
periodic reinvestigation or a continuous vetting investigation in
which no potentially disqualifying factors or conditions have been
found.
(c) Definitions.--In this section:
(1) The term ``covered contractor'' means an individual who is
employed by an entity that carries out work under a contract with
the Department of Defense or an element of the intelligence
community.
(2) The term ``covered individual'' means a former member of
the Armed Forces or a former civilian employee of the Department of
Defense.
(3) The term ``intelligence community'' has the meaning given
that term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
SEC. 1046. INTEGRATED AND AUTHENTICATED ACCESS TO DEPARTMENT OF DEFENSE
SYSTEMS FOR CERTAIN CONGRESSIONAL STAFF FOR OVERSIGHT PURPOSES.
(a) In General.--The Secretary of Defense shall develop processes
and procedures under which the Secretary shall issue access tokens to
staff of the congressional defense committees to facilitate the
performance of required congressional oversight activities. Such access
tokens shall--
(1) provide designated and authenticated staff with access to
designated Department of Defense information systems, including--
(A) the reporting system described in section 805(b) of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81) that will replace the Selected Acquisition Report
requirements under section 4351 of title 10, United States
Code; and
(B) the process referred to in section 908 of the William
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283) that is used by the Department
of Defense to identify reports to Congress required by annual
national defense authorization Acts, assign responsibility for
preparation of such reports, and manage the completion and
delivery of such reports to Congress; and
(2) to the extent feasible, be integrated with the provision of
Pentagon Facilities Alternative Credentials.
(b) Implementation.--The Secretary shall implement the processes
and procedures developed under subsection (a) not later than 180 days
after the date of the enactment of this Act.
(c) Interim Briefing.--Not later than 90 days after the date of the
enactment of the Act, the Secretary of Defense shall provide to the
congressional defense committees an interim briefing on the status of
the processes and procedures required to be developed under subsection
(a), including any updates to applicable policies, instructions, and
guidance issued by the Department.
SEC. 1047. INTRODUCTION OF ENTITIES IN TRANSACTIONS CRITICAL TO
NATIONAL SECURITY.
(a) In General.--The Secretary of Defense may facilitate the
introduction of entities for the purpose of discussing a covered
transaction that the Secretary has determined is in the national
security interests of the United States.
(b) Covered Transaction Defined.--The term ``covered transaction''
means a transaction that the Secretary has reason to believe would
likely involve an entity affiliated with a strategic competitor unless
an alternative transaction were to occur.
SEC. 1048. JOINT TRAINING PIPELINE BETWEEN UNITED STATES NAVY AND ROYAL
AUSTRALIAN NAVY.
(a) Exchange Program.--Beginning in 2023, the Secretary of Defense,
in consultation with the Secretary of Energy, may carry out an exchange
program for Australian submarine officers to implement one or more
agreements entered into under the enhanced trilateral security
partnership referred to as ``AUKUS''. Under such a program, to the
extent consistent with one or more AUKUS agreements--
(1) a minimum of two Australian submarine officers may
participate in the United States Navy officer training program for
officers who are assigned to duty on nuclear powered submarines;
and
(2) following the successful completion of all aspects of such
training, such officers may be assigned to duty on an operational
United States submarine.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide the
congressional defense committees with a briefing on a notional exchange
program for Australian submarine officers that includes initial,
follow-on, and recurring training that could be provided to Australian
submarine officers in order prepare such officers for command of
nuclear-powered Australian submarines.
SEC. 1049. STANDARDIZATION OF SECTIONAL BARGE CONSTRUCTION FOR
DEPARTMENT OF DEFENSE USE ON RIVERS AND INTERCOASTAL WATERWAYS.
With respect to the procurement of a sectional barge for the
Department of Defense on or after December 31, 2023, the Secretary of
Defense shall, to the extent practicable--
(1) ensure the solicitation for such sectional barge includes a
requirement for a design that has been approved by the American
Bureau of Shipping, using its rule set for building and classing
steel vessels, for service on rivers and intercoastal waterways; or
(2) prioritize prime contractors that are in compliance with
ISO 9001:2015 of the International Organization for Standardization
(or successor standard) in awarding contracts pursuant to such
procurement.
SEC. 1050. DEPARTMENT OF DEFENSE SUPPORT FOR RECENTLY ENACTED
COMMISSIONS.
(a) Assistance From Department of Defense.--At the request of a
covered commission, the Secretary of Defense may provide to the covered
commission, on a reimbursable basis, such services, funds, facilities,
staff, and other support services as necessary for the performance of
the functions of the commission. Amounts provided to a covered
commission pursuant to this section may be provided from amounts
appropriated for the Department of Defense, as provided in advance in
appropriations Acts.
(b) Covered Commission Defined.--In this section, the term
``covered commission'' means a commission established pursuant to any
of the following sections of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81):
(1) Section 1004 (Commission on Planning, Programming,
Budgeting, and Execution Reform).
(2) section 1091 (National Security Commission on Emerging
Biotechnology).
(3) section 1094 (Afghanistan War Commission).
(4) section 1095 (Commission on the National Defense Strategy).
(5) section 1687 (Congressional Commission on the Strategic
Posture of the United States).
Subtitle F--Studies and Reports
SEC. 1051. MODIFICATION OF ANNUAL REPORT ON UNFUNDED PRIORITIES.
Section 222a of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to be achieved''
and inserting ``outlined in the national defense strategy
required under section 113(g) of this title and the
National Military Strategy required under section 139(b) of
this title to be advanced''; and
(ii) by adding at the end the following new
subparagraph:
``(D) A detailed assessment of each specific risk that
would be reduced in executing the national defense strategy
required under section 113(g) of this title and the National
Military Strategy required under section 139(b) of this title
if such priority is funded (whether in whole or in part).'';
and
(B) in paragraph (2)(A), by inserting ``according to the
amount of risk reduced'' after ``priority'';
(2) by adding redesignating subsection (d) as subsection (e);
and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Prioritization.--Not later than 10 days after the receipt of
the all of the reports referred to in subsection (a), the Secretary of
Defense, in consultation with the Chairman of the Joint Chiefs of
Staff, shall submit to the congressional defense committees a report
that prioritizes each specific unfunded priority across all unfunded
priorities submitted by officers specified in (b) according to the risk
reduced in executing the national defense strategy required under
section 113(g) of this title and the National Military Strategy
required under section 139(b) of this title.''.
SEC. 1052. CONGRESSIONAL NOTIFICATION OF MILITARY INFORMATION SUPPORT
OPERATIONS IN THE INFORMATION ENVIRONMENT.
(a) In General.--Chapter 19 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 398. Military information support operations in information
environment
``(a) Congressional Notification Requirement.--(1) Not later than
48 hours after the execution of any new military information support
operation plan (in this section referred to as a `MISO plan') approved
by the commander of a combatant command, or any change in scope of any
existing MISO plan, including any underlying MISO supporting plan, the
Secretary of Defense shall promptly submit to the congressional defense
committees notice in writing of such approval or execution of change in
scope.
``(2) A notification under paragraph (1) with respect to a MISO
plan shall include each of the following:
``(A) A description of the military information support
operation program (in this section referred to as a `MISO program')
supported by the MISO plan.
``(B) A description of the objectives of the MISO plan.
``(C) A description of the intended target audience for
military information support operation activities under the MISO
plan.
``(D) A description of the tactics, techniques, and procedures
to be used in executing the MISO plan.
``(E) A description of the personnel engaged in supporting or
facilitating the operation.
``(F) The amount of funding anticipated to be obligated and
expended to execute the MISO plan during the current and subsequent
fiscal years.
``(G) The expected duration and desired outcome of the MISO
plan.
``(H) Any other elements the Secretary determines appropriate.
``(3) To the maximum extent practicable, the Secretary shall ensure
that the congressional defense committees are notified promptly of any
unauthorized disclosure of a clandestine military support operation
covered by this section. A notification under this subsection may be
verbal or written, but in the event of a verbal notification, the
Secretary shall provide a written notification by not later than 48
hours after the provision of the verbal notification.
``(b) Annual Report.--Not later than 90 days after the last day of
any fiscal year during which the Secretary conducts a MISO plan, the
Secretary shall submit to the congressional defense committees a report
on all such MISO plans conducted during such fiscal year. Such report
shall include each of the following:
``(1) A list of each MISO program and the combatant command
responsible for the program.
``(2) For each MISO plan--
``(A) a description of the plan and any supporting plans,
including the objectives for the plan;
``(B) a description of the intended target audience for the
activities carried out under the plan and the means of
distribution; and
``(C) the cost of executing the plan.
``(c) Prohibition on Clandestine Operations Designed to Influence
Opinions and Politics in United States.--None of the funds authorized
to be appropriated or otherwise made available for the Department of
Defense for any fiscal year may be used to conduct a clandestine
military information support operation that is designed to influence--
``(1) any political process taking place in the United States;
``(2) the opinions of United States persons;
``(3) United States policies; or
``(4) media produced by United States entities for United
States persons.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``398. Military information support operations in information
environment.''.
SEC. 1053. MODIFICATION AND CONTINUATION OF REPORTING REQUIREMENT
RELATING TO HUMANITARIAN ASSISTANCE.
(a) Modification.--Section 2561(c)(3) of title 10, United States
Code, is amended--
(1) in subparagraph (A), by striking ``relief'' and inserting
``assistance''; and
(2) by striking subparagraphs (B) and (C) and inserting the
following new subparagraphs:
``(B) A comprehensive list of humanitarian assistance efforts
for which support was provided under this section, disaggregated by
foreign partner country, amount obligated, and purpose specified in
subsection (b).
``(C) A description of the manner in which such efforts
address--
``(i) the humanitarian needs of the foreign partner
country; and
``(ii) Department of Defense objectives and broader United
States national security objectives.
``(D) A description of any transfer of nonlethal excess
supplies of the Department of Defense made available for
humanitarian relief purposes under section 2557 of this title,
including, for each such transfer--
``(i) the date of the transfer;
``(ii) the entity to which the transfer is made; and
``(iii) the quantity of items transferred.''.
(b) Continuation of Reporting Requirement.--
(1) In general.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1000; 10 U.S.C. 111 note) does not apply to the report
required to be submitted to Congress under section 2561(c) of title
10, United States Code.
(2) Conforming repeal.--Section 1061(c) of National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 111 note) is amended by striking paragraph (48).
SEC. 1054. BRIEFING ON GLOBAL FORCE MANAGEMENT ALLOCATION PLAN.
Section 1074(c) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is amended by adding at the end
the following new paragraph:
``(4) For each major modification to global force allocation
made during the preceding fiscal year that deviated from the Global
Force Management Allocation Plan for that fiscal year--
``(A) an analysis of the costs of such modification;
``(B) an assessment of the risks associated with such
modification, including strategic risks, operational risks, and
risks to readiness; and
``(C) a description of any strategic trade-offs associated
with such modification.''.
SEC. 1055. REPORT AND BUDGET DETAILS REGARDING OPERATION SPARTAN
SHIELD.
Section 1225(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in paragraph (6) by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (7) as paragraph (11); and
(3) by inserting after paragraph (6), the following new
paragraphs:
``(7) a list of all countries in which Task Force Spartan
operated during the prior fiscal year;
``(8) a description of activities conducted pursuant to the
operation to build the military readiness of partner forces during
the prior fiscal year, including--
``(A) training exercises;
``(B) joint exercises; and
``(C) bilateral or multilateral exchanges;
``(9) an assessment of the extent to which the activities
described in paragraph (8) improved--
``(A) the military readiness of such partner forces;
``(B) the national security of the United States; and
``(C) the national security of allies and partners of the
United States;
``(10) a description of criteria used to make the assessment
required under paragraph (9); and''.
SEC. 1056. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION WITH
UNITED STATES MILITARY OPERATIONS.
(a) In General.--Section 1057(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) is amended--
(1) in paragraph (1), by striking ``that were confirmed, or
reasonably suspected, to have resulted in civilian casualties'' and
inserting ``that resulted in civilian casualties that have been
confirmed or are reasonably suspected to have occurred'';
(2) in paragraph (2)--
(A) in subparagraph (B), by inserting ``, including, to the
extent practicable, the closest town, city, or identifiable
place'' after ``location'';
(B) in subparagraph (D), by inserting before the period the
following: ``, including the specific justification or use of
authority for each strike conducted'';
(C) in subparagraph (E), by inserting before the period at
the end the following: ``, formulated as a range, if necessary,
and including, to the extent practicable, information regarding
the number of men, women, and children involved''; and
(D) by adding at the end the following new subparagraphs:
``(F) A summary of the determination of each completed
civilian casualty assessment or investigation.
``(G) For each assessment or investigation of an incident
that resulted in civilian casualties--
``(i) whether the Department conducted any witness
interviews or site visits occurred, and if not, an
explanation of why not; and
``(ii) whether information pertaining to the incident
that was collected by one or more non-governmental entities
was considered, if such information exists.''; and
(3) by striking paragraph (4) and inserting the following new
paragraph (4):
``(4) A description of any new or updated civilian harm
policies and procedures implemented by the Department of
Defense.''.
(b) Applicability.--The amendments made by this section shall apply
as follows:
(1) Except as provided in paragraph (2), the amendments made by
this section shall apply with respect to a report submitted on or
after May 1, 2024.
(2) The amendments made by subparagraphs (A) and (B) of
subsection (a)(2) shall apply with respect to a report submitted
after the date of the enactment of this Act.
SEC. 1057. EXTENSION OF CERTAIN REPORTING DEADLINES.
(a) Commission on Planning, Programming, Budgeting, and Execution
Reform.--Section 1004(g) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1886) is amended--
(1) in paragraph (1), by striking ``February 6, 2023'' and
inserting ``August 6, 2023''; and
(2) in paragraph (2), by striking ``September 1, 2023'' and
inserting ``March 1, 2024''.
(b) National Security Commission on Emerging Biotechnology.--
Section 1091(g) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1931) is amended--
(1) in paragraph (1), by striking ``2 years after'' and
inserting ``3 years after''; and
(2) in paragraph (2), by striking ``1 year after'' and
inserting ``2 years after''.
(c) Commission on the National Defense Strategy.--Section 1095(g)
of the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 135 Stat. 1945) is amended--
(1) in paragraph (1), by striking ``one year after'' and
inserting ``two years after''; and
(2) in paragraph (2), by striking ``180 days after'' and
inserting ``one year after''.
(d) Congressional Commission on the Strategic Posture of the United
States.--Section 1687(d) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2128) is amended--
(1) in paragraph (1), by striking ``December 31, 2022'' and
inserting ``July 31, 2023''; and
(2) in paragraph (3), by striking ``180 days after'' and
inserting ``one year after''.
SEC. 1058. EXTENSION AND MODIFICATION OF REPORTING REQUIREMENT
REGARDING ENHANCEMENT OF INFORMATION SHARING AND COORDINATION OF
MILITARY TRAINING BETWEEN DEPARTMENT OF HOMELAND SECURITY AND
DEPARTMENT OF DEFENSE.
Section 1014(d) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) in paragraph (1)(B)(iv)--
(A) by striking ``(iii)--'' and inserting ``(iii), the
following:''; and
(B) by adding at the end the following new subclauses:
``(VIII) The methodology used for making cost
estimates in the evaluation of a request for
assistance.
``(IX) The extent to which the fulfillment of the
request for assistance affected readiness of the Armed
Forces, including members of the reserve components.'';
and
(2) in paragraph (3), by striking ``December 31, 2023'' and
inserting ``December 31, 2024''.
SEC. 1059. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT ON NATIONAL
GUARD AND RESERVE COMPONENT EQUIPMENT.
(a) In General.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) does not apply to the report required to be
submitted to Congress under section 10541 of title 10, United States
Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328); 130 Stat.
2402; 10 U.S.C. 111 note) is amended by striking paragraph (62).
SEC. 1060. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO
TRANSFER EXCESS AIRCRAFT TO OTHER DEPARTMENTS OF THE FEDERAL GOVERNMENT
AND AUTHORITY TO TRANSFER EXCESS AIRCRAFT TO STATES.
Section 1091 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 10 U.S.C. 2576 note) is amended--
(1) in the section heading, by inserting ``and to states''
after ``federal government'';
(2) in subsection (a), in the first sentence, by striking ``and
the Secretary of Homeland Security for use by the Forest Service
and the United States Coast Guard'' and inserting ``for use by the
Forest Service, to the Secretary of Homeland Security for use by
the United States Coast Guard, and to the Governor of a State'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``or the United States
Coast Guard as a suitable platform to carry out their
respective missions'' and inserting ``, the United States Coast
Guard, or the Governor of a State, as the case may be, as a
suitable platform to carry out wildfire suppression, search and
rescue, or emergency operations pertaining to wildfires'';
(B) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(C) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(5) in the case of aircraft to be transferred to the Governor
of a State, acceptable for use by the State, as determined by the
Governor.'';
(4) by striking subsection (c);
(5) by redesignating subsections (d) through (g) as subsections
(c) through (f), respectively;
(6) in subsection (c), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``up to seven''; and
(ii) by inserting ``the Governor of a State or to''
after ``offered to''; and
(B) by amending paragraph (2) to read as follows:
``(2) Expiration of right of refusal.--A right of refusal
afforded the Secretary of Agriculture or the Secretary of Homeland
Security under paragraph (1) with regards to an aircraft shall
expire upon official notice of such Secretary to the Secretary of
Defense that such Secretary declines such aircraft.'';
(7) in subsection (d), as so redesignated--
(A) in the matter preceding paragraph (1), by inserting
``or to the Governor of a State'' after ``the Secretary of
Agriculture'';
(B) in paragraph (1), by striking ``wildfire suppression
purposes'' and inserting ``purposes of wildfire suppression,
search and rescue, or emergency operations pertaining to
wildfires''; and
(C) in paragraph (2)--
(i) by inserting ``, search and rescue, emergency
operations pertaining to wildfires,'' after ``efforts'';
and
(ii) by inserting ``or Governor of the State, as the
case may be,'' after ``Secretary of Agriculture'';
(8) in subsection (e), as so redesignated, by striking ``or the
Secretary of Homeland Security'' and inserting ``, the Secretary of
Homeland Security, or the Governor of a State'';
(9) in subsection (f), as so redesignated, by striking ``and
the Secretary of Homeland Security'' and inserting ``, the
Secretary of Homeland Security, or the Governor of the State to
which such aircraft is transferred using only State funds''; and
(10) by adding at the end the following new subsection:
``(g) Reporting.--Not later than December 1, 2022, and annually
thereafter, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on aircraft transferred, during the fiscal year preceding the date of
such report, to--
``(1) the Secretary of Agriculture, the Secretary of Homeland
Security, or the Governor of a State under this section;
``(2) the chief executive officer of a State under section 112
of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1318); or
``(3) the Secretary of the Air Force or the Secretary of
Agriculture under section 1098 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 881).''.
SEC. 1061. COMBATANT COMMAND RISK ASSESSMENT FOR AIRBORNE INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE.
(a) In General.--Not later than 90 days after the date on which the
Secretary of Defense submits to Congress the materials in support of
the budget for any fiscal year, or the date on which any of the
military departments otherwise proposes to retire or otherwise divest
any airborne intelligence, surveillance, and reconnaissance
capabilities, the Vice Chairman of the Joint Chiefs of Staff, in
coordination with the commanders of each of the geographic combatant
commands, shall submit to the congressional defense committees a report
containing an assessment of the level of operational risk to each such
command posed by the proposed retirement or divestment with respect to
the capability of the command to meet near-, mid-, and far-term
contingency and steady-state requirements against adversaries in
support of the objectives of the national defense strategy under
section 113(g) of title 10, United States Code.
(b) Risk Assessment.--In assessing levels of operational risk for
the purposes of subsection (a), the Vice Chairman and the commanders of
the geographic combatant commands shall use the military risk matrix of
the Chairman of the Joint Chiefs of Staff, as described in CJCS
Instruction 3401.01E, or any successor instruction.
(c) Geographic Combatant Command.--In this section, the term
``geographic combatant command'' means any of the following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.
(d) Termination.--The requirement to submit a report under this
section shall terminate on the date that is five years after the date
of the enactment of this Act.
SEC. 1062. STUDY ON MILITARY TRAINING ROUTES AND SPECIAL USE AIR SPACE
NEAR WIND TURBINES.
(a) Study and Report.--
(1) In general.--The Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center to conduct a study to identify low-level military training
routes and special use airspace that may be used by the Department
of Defense to conduct realistic training over and near wind
turbines.
(2) Elements.--As part of the study under paragraph (1), the
federally funded research and development center that conducts the
study shall--
(A) identify and define the requirements for military
airspace that may be used for the training described in
paragraph (1), taking into consideration--
(i) the operational and training needs of the Armed
Forces; and
(ii) the threat environments of adversaries of the
United States, including the People's Republic of China;
(B) identify possibilities for combining live, virtual, and
constructive flight training near wind projects, both onshore
and offshore;
(C) describe the airspace inventory required for low-level
training proficiency given current and projected force
structures;
(D) provide recommendations for redesigning and properly
sizing special use air space and military training routes to
combine live and synthetic training in a realistic environment;
(E) describe ongoing research and development programs
being utilized to mitigate effects of wind turbines on low-
level training routes; and
(F) identify current training routes affected by wind
turbines, any previous training routes that are no longer in
use because of wind turbines, and any training routes projected
to be lost due to wind turbines.
(3) Consultation.--In carrying out paragraph (1), the Secretary
of Defense shall consult with--
(A) the Under Secretary of Defense for Personnel and
Readiness;
(B) the Department of Defense Policy Board on Federal
Aviation; and
(C) the Federal Aviation Administration.
(4) Submittal to dod.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the federally funded research and
development center that conducts the study under paragraph (1)
shall submit to the Secretary of Defense a report on the
results of the study.
(B) Form.--The report under paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(5) Submittal to congress.--Not later than 60 days after the
date on which the Secretary of Defense receives the report under
paragraph (4), the Secretary shall submit to the appropriate
congressional committees an unaltered copy of the report together
with any comments the Secretary may have with respect to the
report.
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
following:
(A) The congressional defense committees.
(B) The Committee on Transportation and Infrastructure of
the House of Representatives.
(C) The Committee on Commerce, Science, and Transportation
of the Senate.
(2) The term ``affected by wind turbines'' means a situation in
which the presence of wind turbines in the area of a low-level
military training route or special use airspace--
(A) prompted the Department of Defense to alter a testing
and training mission or to reduce previously planned training
activities; or
(B) prevented the Department from meeting testing and
training requirements.
SEC. 1063. ANNUAL REPORTS ON SAFETY UPGRADES TO THE HIGH MOBILITY
MULTIPURPOSE WHEELED VEHICLE FLEETS.
(a) Annual Reports.--Not later than March 1, 2023, and annually
thereafter until the date specified in subsection (c), the Secretaries
of the Army, Navy, and Air Force shall each submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
the installation of safety upgrades to the high mobility multipurpose
wheeled vehicle fleets under the jurisdiction of the Secretary
concerned, including anti-lock brakes, electronic stability control,
and fuel tanks.
(b) Matters for Inclusion.--Each report required under subsection
(a) shall include, for the year covered by the report, each of the
following:
(1) The total number of safety upgrades necessary for the high
mobility multipurpose wheeled vehicle fleets under the jurisdiction
of the Secretary concerned.
(2) The total cumulative number of such upgrades completed
prior to the year covered by the report.
(3) A description of any such upgrades that were planned for
the year covered by the report.
(4) A description of any such upgrades that were made during
the year covered by the report and, if the number of such upgrades
was less than the number of upgrades planned for such year, an
explanation of the variance.
(5) If the total number of necessary upgrades has not been
made, a description of the upgrades planned for each year
subsequent to the year covered by the report.
(c) Termination.--No report shall be required under this section
after March 1, 2026.
SEC. 1064. DEPARTMENT OF DEFENSE DELAYS IN PROVIDING COMMENTS ON
GOVERNMENT ACCOUNTABILITY OFFICE REPORTS.
(a) Reports Required.--Not later than 180 days after the date of
the enactment of this Act, and once every 180 days thereafter until the
date that is 2 years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the extent to which the
Department of Defense provided comments and sensitivity and security
reviews (for drafts tentatively identified as containing controlled
unclassified information or classified information) in a timely manner
and in accordance with the protocols of the Government Accountability
Office during the 180-day period preceding the date of the submittal of
the report.
(b) Requirements for GAO Report.--Each report under subsection (a)
shall include the following information for the period covered by the
report:
(1) The number of draft Government Accountability Office
reports for which the Government Accountability Office requested
comments from the Department of Defense, including an
identification of the reports for which a sensitivity or security
review was requested (separated by reports potentially containing
only controlled unclassified information and reports potentially
containing classified information) and the reports for which such a
review was not requested.
(2) The median and average number of days between the date of
the request for Department of Defense comments and the receipt of
such comments.
(3) The average number of days between the date of the request
for a Department of Defense sensitivity or security review and the
receipt of the results of such review.
(4) In the case of any such draft report for which the
Department of Defense failed to provide such comments or review
within 30 days of the request for such comments or review--
(A) the number of days between the date of the request and
the receipt of such comments or review; and
(B) a unique identifier, for purposes of identifying the
draft report.
(5) In the case of any such draft report for which the
Government Accountability Office provided an extension to the
Department of Defense--
(A) whether the Department provided the comments or review
within the time period of the extension; and
(B) a unique identifier, for purposes of identifying the
draft report.
(6) Any other information the Comptroller General determines
appropriate.
(c) DOD Responses.--Not later than 30 days after the Comptroller
General submits a report under subsection (a), the Secretary of Defense
shall submit to the congressional defense committees a response to such
report that includes each of the following:
(1) An identification of factors that contributed to any delays
identified in the report with respect to Department of Defense
comments and sensitivity or security reviews requested by the
Government Accountability Office.
(2) A description of any actions the Department of Defense has
taken or plans to take to address such factors.
(3) A description of any improvements the Department has made
in the ability to track timeliness in providing such comments and
sensitivity or security reviews.
(4) Any other information the Secretary determines relevant to
the information contained in the report submitted by the
Comptroller General.
SEC. 1065. JUSTIFICATION FOR TRANSFER OR ELIMINATION OF CERTAIN FLYING
MISSIONS.
Prior to the relocation or elimination of any flying mission that
involves 50 personnel or more assigned to a unit performing that
mission, either with respect to an active or reserve component of a
military department, the Secretary of Defense shall submit to the
congressional defense committees a report describing the justification
of the Secretary for the decision to relocate or eliminate such flying
mission. Such report shall include each of the following:
(1) A description of how the decision supports the national
defense strategy, the national military strategy, the North
American Aerospace Defense Command strategy, and other relevant
strategies.
(2) A specific analysis and metrics supporting such decision.
(3) An analysis and metrics to show that the elimination or
relocation of the flying mission would not negatively affect
broader mission sets, such as the homeland defense mission.
(4) A plan for how the Department of Defense intends to fulfill
or continue to meet the mission requirements of the eliminated or
relocated flying mission.
(5) An assessment of the effect of the elimination or
relocation on the national defense strategy, the national military
strategy, the North American Aerospace Defense Command strategy,
and broader mission sets, such as the homeland defense mission.
(6) An analysis and metrics to show that the elimination or
relocation of the flying mission and its secondary and tertiary
impacts would not degrade capabilities and readiness of the Joint
Force.
(7) An analysis and metrics to show that the elimination or
relocation of the flying mission would not negatively affect the
continental United States national airspace system.
SEC. 1066. REPORTS ON UNITED STATES MILITARY FORCE PRESENCE IN EUROPE.
(a) Report on United States Military Force Posture and Resourcing
Requirements in Europe.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing an assessment
of the United States military force posture requirements for the
United States European Command to support the following objectives:
(A) Implementation of the national defense strategy under
section 113(g) of title 10, United States Code, with respect to
the area of responsibility of the United States European
Command.
(B) Fulfillment of the commitments of the United States to
NATO operations, missions, and activities, as modified and
agreed upon at the 2022 Madrid Summit.
(C) Reduction of the risk of executing the contingency
plans of the Department of Defense.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) For the Army, the Navy, the Air Force, the Marine
Corps, and the Space Force and for each warfighting domain, a
description of the force structure and posture of assigned and
allocated forces in Europe, including consideration of the
balance of permanently stationed forces and forces rotating
from the United States, to support the objectives described in
paragraph (1).
(B) An assessment of the military training and all domain
exercises to support such objectives, including--
(i) training and exercises on interoperability; and
(ii) joint activities with allies and partners.
(C) An assessment of logistics requirements, including
personnel, equipment, supplies, pre-positioned storage, host
country support and agreements, and maintenance needs, to
support such objectives.
(D) An identification of required infrastructure,
facilities, and military construction investments to support
such objectives.
(E) A description of the requirements for United States
European Command integrated air and missile defense throughout
the area of responsibility of the United States European
Command.
(F) An assessment of United States security cooperation
activities and resources required to support such objectives.
(G) A detailed assessment of the resources necessary to
address the elements described in subparagraphs (A) through
(F), categorized by the budget accounts for--
(i) procurement;
(ii) research, development, test, and evaluation;
(iii) operation and maintenance;
(iv) military personnel; and
(v) military construction.
(H) The projected timeline to achieve fulfillment of each
such element.
(I) Any other information the Secretary considers relevant.
(3) Form.--The report required under paragraph (1) may be
submitted in classified form, but, if so, it shall include an
unclassified summary.
(b) Quarterly Reports on Expenditures for Planning and Design of
Infrastructure to Support Permanent United States Force Presence on
Europe's Eastern Flank.--
(1) In general.--The Commander of United States European
Command shall submit to the congressional defense committees
quarterly reports on the use of the funds described in paragraph
(3) until the date on which all such funds are expended.
(2) Contents.--Each report required under paragraph (1) shall
include an expenditure plan for the establishment of infrastructure
to support a permanent United States force presence in the covered
region.
(3) Funds described.--The funds described in this paragraph are
the amounts authorized to be appropriated or otherwise made
available for fiscal year 2023 for--
(A) Operation and Maintenance, Air Force, for Advanced
Planning for Infrastructure to Support Presence on NATO's
Eastern Flank;
(B) Operation and Maintenance, Army, for Advanced Planning
for Infrastructure to Support Presence on NATO's Eastern Flank;
and
(C) Military Construction, Defense-wide, Planning & Design:
EUCOM-Infrastructure to Support Presence on NATO's Eastern
Flank.
(D) Military Construction, Defense-wide, Exercise-related
Minor Construction: EUCOM.
(4) Covered region.--In this subsection, the term ``covered
region'' means Romania, Poland, Lithuania, Latvia, Estonia,
Hungary, Bulgaria, the Czech Republic, and Slovakia.
SEC. 1067. REPORT ON DEPARTMENT OF DEFENSE PRACTICES REGARDING
DISTINCTION BETWEEN COMBATANTS AND CIVILIANS IN UNITED STATES MILITARY
OPERATIONS.
(a) Report.--The Civilian Protection Center of Excellence of the
Department of Defense, as established under section 184 of title 10,
United States Code, as added by section 1082 of this Act, shall seek to
enter into an agreement with an appropriate federally funded research
and development center to develop an independent report on Department
of Defense practices regarding distinguishing between combatants and
civilians in United States military operations.
(b) Elements.--The report required under subsection (a) shall
include the following matters:
(1) A description of how the Department of Defense has
differentiated between combatants and civilians in both ground and
air operations since 2001, including in Afghanistan, Iraq, Syria,
Somalia, Libya, and Yemen, including--
(A) relevant policy and legal standards and how these
standards were implemented in practice; and
(B) target engagement criteria.
(2) A description of how the Department of Defense has
differentiated between combatants and civilians when assessing
allegations of civilian casualties since 2001, including in
Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen, including--
(A) relevant policy and legal standards and the factual
indicators these standards were applied to in assessing claims
of civilian casualties; and
(B) any other matters the Secretary of Defense determines
appropriate.
(c) Submission of Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report setting forth an
unaltered copy of the federally funded research and development center
assessment required under this section, together with the views of the
Secretary on the assessment.
(d) Definition of United States Military Operation.--In this
section, the term ``United States military operations'' includes any
mission, strike, engagement, raid, or incident involving the United
States Armed Forces.
SEC. 1068. REPORT ON STRATEGY AND IMPROVEMENT OF COMMUNITY ENGAGEMENT
EFFORTS OF ARMED FORCES IN HAWAII.
(a) In General.--In an effort to better meet the future force
posture needs within the Indo-Pacific area of responsibility, the
Commander of the United States Indo-Pacific Command, in collaboration
with the Assistant Secretary of Defense for Energy, Installations, and
Environment, installation commanders, and the relevant theater
component commanders, shall--
(1) develop and implement a holistic strategy to--
(A) improve, standardize, and coordinate the engagement
efforts of the military with the local community in Hawaii; and
(B) effectively communicate with such community for the
purpose of enhancing readiness; and
(2) enhance coordinated community engagement efforts (as
described in section 587 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81)) in Hawaii.
(b) Report Required.--Not later than one year after the date of the
enactment of this Act, the Commander shall submit to the congressional
defense committees a report on the strategy and enhanced engagement
efforts implemented pursuant to subsection (a). Such report shall
include each of the following:
(1) The plan of the Commander for conducting education and
training programs relating to consultation and engagement with the
local and native Hawaiian community, including--
(A) a description of the outreach activities conducted
during fiscal years 2023 and 2024; and
(B) a description of the extent to which members of the
local and native Hawaiian community have been involved in
development of curricula, tentative dates, locations, required
attendees, and topics for the education and training programs.
(2) A list of all local and native Hawaiian community groups
involved or expected to be consulted in the process of updating
Department of Defense Instruction 4710.03 (or any successor
document).
(3) Recommendations for improving Department of Defense
Instruction 4710.03 to reflect best practices and provide
continuity across the military departments with respect to the
practices, policies, training, and personnel related to
consultation with the local and native Hawaiian community.
(4) A timeline for issuing the next update or successor
document to Department of Defense Instruction 4710.03.
(5) Recommendations for the enhancement and expansion of--
(A) Department of Defense education and training programs
relating to consultation and engagement with the local and
Native Hawaiian community; and
(B) outreach activities for all commands and installations
in Hawaii.
(c) Theater Component Commander.--In this section, the term
``theater component commander'' has the meaning given such term in
section 1513(8) of title 10, United States Code.
SEC. 1069. REPORT ON DEPARTMENT OF DEFENSE MILITARY CAPABILITIES IN THE
CARIBBEAN.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State and the Secretary of Homeland Security, shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on United States military posture and
capabilities in the Caribbean basin, particularly in and around Puerto
Rico and the United States Virgin Islands.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of United States military force posture and
capabilities in the Caribbean basin.
(2) An assessment of the feasibility, desirability, and cost of
increasing United States military posture and capabilities in the
Caribbean basin to--
(A) enhance access and influence and provide forward-
deployed capabilities to effectively implement the national
defense strategy and support strategic competition with China
and Russia;
(B) ensure, to the greatest extent possible, that United
States Northern Command and United States Southern Command have
the necessary assets to support the defense of the United
States homeland;
(C) confront the threats posed by transnational criminal
organizations and illicit trafficking in the Caribbean basin,
including by supporting interagency partners in disrupting and
degrading illicit trafficking into the United States;
(D) improve surveillance capabilities and maximize the
effectiveness of counter-trafficking operations in the
Caribbean region;
(E) ensure, to the greatest extent possible, that United
States Northern Command and United States Southern Command have
the assets necessary to detect, interdict, disrupt, or curtail
illicit narcotics and weapons trafficking activities within
their respective areas of operations in the Caribbean basin;
(F) respond to malign influences of foreign governments,
particularly including non-market economies, in the Caribbean
basin that harm United States national security and regional
security interests in the Caribbean basin and in the Western
Hemisphere; and
(G) strengthen the ability of the security sector of
partner nations in the Caribbean basin to respond to, and
become more resilient in the face of, major humanitarian or
natural disasters, including to ensure critical infrastructure
and ports can come back online rapidly following disasters.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form without any designation relating to
dissemination control, but may include a classified annex.
SEC. 1070. QUARTERLY BRIEFINGS ON DEPARTMENT OF DEFENSE SUPPORT FOR
CIVIL AUTHORITIES TO ADDRESS IMMIGRATION AT THE SOUTHWEST BORDER.
Not later than 30 days after the date of the enactment of this Act,
and every 90 days thereafter through December 31, 2024, the Assistant
Secretary of Defense for Homeland Defense or another Assistant
Secretary of Defense, as appropriate, shall provide an unclassified
briefing to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives, with a
classified component, if necessary, regarding--
(1) Department of Defense planning to address current and
anticipated border support mission requirements as part of the
Department of Defense's annual planning, programming, budgeting,
and execution process;
(2) any Department of Defense risk assessment with respect to
the safety of Department of Defense personnel conducted in
evaluating any request for assistance from the Department of
Homeland Security during the quarter covered by the briefing;
(3) any Department of Defense efforts, or updates to existing
efforts, to cooperate with Mexico with respect to border security;
(4) the type of support that is currently being provided by the
Department of Defense along the southwest border of the United
States;
(5) the effect of such efforts and support on National Guard
readiness; and
(6) any recommendations of the Department of Defense regarding
the modification of the support provided by the Department of
Defense to the Department of Homeland Security at the southwest
border.
SEC. 1071. ANNUAL REPORT ON PROCUREMENT OF EQUIPMENT BY STATE AND LOCAL
GOVERNMENTS THROUGH THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense, in coordination with the
Administrator of General Services, shall submit to the Committees on
Armed Services of the Senate and House of Representatives an annual
report that includes current information on the purchase of equipment
under the procedures established under section 281(a) of title 10,
United States Code, and the recipients of such equipment.
(b) Matters for Inclusion.--Each report under subsection (a) shall
include the following for the year covered by the report:
(1) The catalog of equipment available for purchase under
subsection (c) of section 281 of title 10, United States Code.
(2) For each purchase of equipment under the procedures
established under subsection (a) of such section--
(A) the recipient State or unit of local government;
(B) the type of equipment;
(C) the cost of the equipment; and
(D) the administrative costs under subsection (b) of such
section.
(3) Such other information the Secretary determines is
necessary.
(c) Termination.--The requirement to submit a report under
subsection (a) shall terminate on the date that is five years after the
date of the enactment of this Act.
SEC. 1072. BRIEFING ON FINANCIAL OVERSIGHT OF CERTAIN EDUCATIONAL
INSTITUTIONS RECEIVING DEPARTMENT OF DEFENSE FUNDS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing on
the methods used to assess the eligibility of educational institutions
for the receipt of payments under the payment method described in
section 668.162(d) of title 34, Code of Federal Regulations (as in
effect on the date of the enactment of this Act).
SEC. 1073. REPORT ON EFFECTS OF CERTAIN ETHICS REQUIREMENTS ON
DEPARTMENT OF DEFENSE HIRING, RETENTION, AND OPERATIONS.
(a) Study.--
(1) In general.--The Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center under which the center shall conduct a study to assess
whether the covered ethics requirements have had an effect on--
(A) the hiring or retention of personnel at the Department
of Defense, particularly those persons with specialized
experience or training; and
(B) the ability of the Department of Defense to detect,
deter, prevent, and redress violations of the Standards of
Ethical Conduct for Employees of the Executive Branch and
applicable statutory and regulatory ethics requirements,
including conflicts of interest, by Department of Defense
personnel.
(2) Elements.--A study conducted pursuant to paragraph (1)
shall include the following elements:
(A) An examination of how the covered ethics requirements
are inconsistent or incongruent with ethics statutes, and any
implementing regulations, that apply to all executive branch
employees.
(B) An examination of the relative degrees of risk
associated with the potential for violations of ethical
standards at the Department of Defense and those associated
with the potential for such violations at other Federal
agencies, and an analysis of whether ethical standards that are
applied exclusively to Department of Defense personnel are
justified.
(C) An examination of how covered ethics requirements have
affected, or are likely to affect, the hiring and retention of
personnel, particularly those persons with specialized
experience or training, at the Department of Defense in
comparison to other Federal agencies that are not subject to
such requirements. The examination shall account for any
relevant differences between the Department of Defense and
other Federal departments and agencies within the executive
branch and shall use analytical methods to control for any
variables that may affect the comparative results.
(D) An examination of how any confusion in the
interpretation of the requirement referred to in paragraph
(3)(B) may have affected, or is likely to affect--
(i) the hiring or retention of personnel, particularly
those persons with specialized experience or training, at
the Department of Defense; and
(ii) the ability of the Department of Defense to
detect, deter, prevent, and redress violations of ethical
standards, including conflicts of interest, by Department
of Defense personnel.
(E) An examination of how the ethics requirements referred
to in subparagraphs (B) and (C) of paragraph (3) may affect the
ability of the Department of Defense to obtain expertise from
industry and other groups in support of technology development,
supply chain security, and other national security matters.
(F) An examination of whether the removal or alteration of
any covered ethics requirement may adversely affect the ability
of the Department of Defense to detect, deter, prevent, and
redress violations of ethical standards, including conflicts of
interest, by Department of Defense personnel.
(G) An examination of whether the removal or alteration of
any covered ethics requirement may adversely affect the ability
of the Department of Defense to negotiate and effectuate arms-
length transactions.
(H) Any suggested changes to any covered ethics requirement
to further the establishment and maintenance of ethical
standards, while also supporting the ability of the Department
of Defense to hire and retain personnel and obtain expertise
from academia, think tanks, industry, and other groups to
support national security.
(3) Covered ethics requirements.--In this section, the term
``covered ethics requirement'' means each of the requirements under
the following provisions of law:
(A) Section 847 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1701 note).
(B) Section 1045 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 971 note
prec.).
(C) Section 1117 of the National Defense Authorization Act
for Fiscal Year 2022 (10 U.S.C. 971 note prec.).
(D) Section 988 of title 10, United States Code.
(b) Report.--
(1) In general.--An agreement entered into under subsection (a)
shall provide that the federally funded research and development
center shall submit to the Secretary a report containing the
results of the study conducted under the agreement by not later
than one year after the date of the enactment of this Act.
(2) Transmittal to congress.--Not later than 30 days after the
Secretary receives the report under paragraph (1), the Secretary
shall transmit a copy of the report to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the
House of Representatives.
(3) Secretary of defense evaluation.--The Secretary shall
submit with the report transmitted pursuant to paragraph (2) an
evaluation of each change suggested pursuant to subsection
(a)(2)(H). The evaluation shall include--
(A) a determination of whether the Secretary concurs with
each suggested change;
(B) an assessment of the potential effects of each
suggested change on the ability of the Department of Defense to
hire or retain personnel at the Department of Defense,
particularly those persons with specialized experience or
training;
(C) an assessment of the potential effects of each
suggested change on the ability of the Department of Defense to
detect, deter, prevent, or redress violations of ethical
standards, including conflicts of interest; and
(D) any other information that the Secretary determines to
be appropriate.
SEC. 1074. JOINT CONCEPT FOR COMPETING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall develop a Joint
Concept for Competing.
(b) Purposes.--The purposes of the Joint Concept for Competing are
to--
(1) define the roles and missions of the Department of Defense
in long-term strategic competition with specific competitors;
(2) conceptualize the employment of joint forces capabilities
to deter adversarial military action by strategic competitors;
(3) describe the manner in which the Department of Defense will
use its forces, capabilities, posture, indications and warning
systems, and authorities to protect United States national
interests in the course of participating in long-term strategic
competition, including through--
(A) departmental efforts to integrate Department of Defense
roles and missions with other instruments of national power;
(B) security cooperation with partners and allies; and
(C) operations relating to long-term strategic competition,
particularly below the threshold of traditional armed conflict;
(4) identify priority lines of effort and assign responsibility
to relevant Armed Forces, combatant commands, and other elements of
the Department of Defense for each specified line of effort in
support of the Joint Concept for Competing; and
(5) provide means for integrating and continuously improving
the ability of the Department to engage in long-term strategic
competition.
(c) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter for two years,
the Secretary of Defense shall submit to the congressional defense
committees a report on the implementation of the Joint Concept for
Competing.
(2) Elements.--Each report required under paragraph (1) shall
include the following elements:
(A) A detailed description of any actions taken by the
Department of Defense relative to the purposes specified under
subsection (b).
(B) An articulation of any new concepts or strategies
necessary to support the Joint Concept for Competing.
(C) An articulation of any capabilities, resources, or
authorities necessary to implement the Joint Concept for
Competing.
(D) An explanation of the manner in which the Joint Concept
for Competing relates to and integrates with the Joint
Warfighting Concept.
(E) An explanation of the manner in which the Joint Concept
for Competing synchronizes and integrates with efforts of other
departments and agencies of the United States Government to
address long-term strategic competition.
(F) Any other matters the Secretary of Defense determines
relevant.
SEC. 1075. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF RELOCATING MAJOR
UNITS OF THE UNITED STATES ARMED FORCES TO CERTAIN EUROPEAN COUNTRIES.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the feasibility and advisability of
relocating major units of the United States Armed Forces to a covered
country. Such report shall include--
(1) a description of commitments made by a covered country to
provide host nation support, including funding for construction and
maintenance of Department of Defense facilities and other actions
that might reduce costs to the Department of Defense associated
with hosting major units of the Armed Forces in such covered
country;
(2) an estimate of the expenses associated with the relocation
of major units of the Armed Forces from current host nation
locations, as well as a description of any benefits that would be
derived from colocating such units with existing United States or
multinational forces at current host nation locations;
(3) a description of the extent to which positioning major
units of the Armed Forces in covered countries would provide
greater operational benefit than keeping such units in current
locations, including an analysis of--
(A) the geographic significance of covered countries;
(B) any capabilities the host nation may offer, such as air
defense or base security or terms under which the United States
may use facilities on their territory; and
(C) an analysis of the risks associated with the relocation
of such units to covered countries;
(4) a description of any engagements at the Under Secretary
level or higher with an official of a covered country with respect
to anticipated major unit movements in the area of responsibility
of the United States European Command during the period covered by
the future-years defense program most recently submitted to
Congress pursuant to section 221 of title 10, United States Code,
including--
(A) a description of the engagement with each covered
country during the calendar year preceding the calendar during
which the report is submitted;
(B) a description of any specific requirements identified
in order to host a major unit; and
(C) in the case of a covered country has been determined to
be unsuitable for hosting a major unit of the Armed Forces, a
description of why it was determined unsuitable; and
(5) any other matter the Secretary determines is relevant.
(b) Definitions.--In this section:
(1) The term ``covered country'' means Romania, Poland,
Lithuania, Latvia, Estonia, Hungary, Bulgaria, the Czech Republic,
or Slovakia.
(2) The term ``major unit'' means an organizational unit
composed of more than 500 military personnel.
SEC. 1076. REPORT ON EFFECTS OF STRATEGIC COMPETITOR NAVAL FACILITIES
IN AFRICA.
(a) In General.--Not later than May 15, 2023, the Secretary of
Defense shall submit to the congressional defense committees a report
on the effects of current or planned covered naval facilities in Africa
on the interests of the Department of Defense.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An identification of--
(A) any location in Africa where a covered naval facility
has been established; and
(B) any location in Africa where a covered naval facility
is planned for construction.
(2) A detailed description of--
(A) any agreement entered into between China or Russia and
a country or government in Africa providing for or enabling the
establishment or operation of a covered naval facility in
Africa; and
(B) any efforts by the Department of Defense to change
force posture, deployments, or other activities in Africa as a
result of current or planned covered naval facilities in
Africa.
(3) An assessment of--
(A) the effect that each current covered naval facility has
had on Department of Defense interests in and around Africa,
including Department of Defense operational plans in the areas
of responsibility of geographic combatant commands other than
United States Africa Command;
(B) the effect that each planned covered naval facility is
expected to have on Department of Defense interests in and
around Africa, including Department of Defense operational
plans in the areas of responsibility of geographic combatant
commands other than United States Africa Command;
(C) the policy objectives of China and Russia in
establishing current and future covered naval facilities at the
locations identified under paragraph (1); and
(D) the specific military capabilities supported by each
current or planned covered naval facility.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form without any designation relating to
dissemination control, but may include a classified annex.
(d) Definitions.--In this section:
(1) The term ``Africa'' means all countries in the area of
operations of United States Africa Command and Egypt.
(2) The term ``covered naval facility'' means a naval facility
owned, operated, or otherwise controlled by the People's Republic
of China or the Russian Federation.
(3) The term ``naval facility'' means a naval base, civilian
sea port with dual military uses, or other facility intended for
the use of warships or other naval vessels for refueling,
refitting, resupply, force projection, or other military purposes.
Subtitle G--Other Matters
SEC. 1081. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The table of chapters at the beginning of subtitle A is
amended by striking the item relating to the second chapter 19
(relating to cyber matters).
(2) Section 113 is amended--
(A) in subsection (l)(2)(F), by inserting a period after
``inclusion in the armed forces''; and
(B) in subsection (m), by redesignating the second
paragraph (8) as paragraph (9).
(3) The section heading for section 2691 is amended by striking
``state'' and inserting ``State''.
(4) Section 3014 is amended by striking ``section 4002(a) or
4003'' and inserting ``section 4021(a) or 4022''.
(5) Section 4423(e) is amended by striking ``section 4003'' and
inserting ``section 4022''.
(6) Section 4831(a) is amended by striking ``section 4002'' and
inserting ``section 4021''.
(7) Section 4833(c) is amended by striking ``section 4002'' and
inserting ``section 4021''.
(b) National Defense Authorization Act for Fiscal Year 2022.--
Effective as of December 27, 2021, and as if included therein as
enacted, section 907(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is amended by striking ``116-283''
and inserting ``115-232''.
(c) National Defense Authorization Act for Fiscal Year 2020.--
Effective as of December 20, 2019, and as if included therein as
enacted, section 905(a)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is amended
by inserting a period at the end.
(d) National Defense Authorization Act for Fiscal Year 2014.--
Effective as of December 26, 2013, and as if included therein as
enacted, section 932(c)(2)(D) of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note) is
amended by striking ``subsection (c)(3)'' and inserting ``paragraph
(3)''.
(e) Automatic Execution of Conforming Changes to Tables of
Sections, Tables of Contents, and Similar Tabular Entries in Defense
Laws.--
(1) Elimination of need for separate conforming amendment.--
Chapter 1 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 102. Effect of certain amendments on conforming changes to
tables of sections, tables of contents, and similar tabular entries
``(a) Automatic Execution of Conforming Changes.--When an amendment
to a covered defense law adds a section or larger organizational unit
to the covered defense law, repeals or transfers a section or larger
organizational unit in the covered defense law, or amends the
designation or heading of a section or larger organizational unit in
the covered defense law, that amendment also shall have the effect of
amending any table of sections, table of contents, or similar tabular
entries in the covered defense law to alter the table to conform to the
changes made by the amendment.
``(b) Exceptions.--Subsection (a) shall not apply to an amendment
described in such subsection when--
``(1) the amendment or a clerical amendment enacted at the same
time expressly amends a table of sections, table of contents, or
similar tabular entries in the covered defense law to alter the
table to conform to the changes made by the amendment; or
``(2) the amendment otherwise expressly exempts itself from the
operation of this section.
``(c) Covered Defense Law.--In this section, the term `covered
defense law' means--
``(1) this title;
``(2) titles 32 and 37;
``(3) any national defense authorization Act that authorizes
funds to be appropriated for a fiscal year to the Department of
Defense; and
``(4) any other law designated in the text thereof as a covered
defense law for purposes of application of this section.''.
(2) Conforming amendment.--The heading of chapter 1 of title
10, United States Code, is amended to read as follows:
``CHAPTER 1--DEFINITIONS, RULES OF CONSTRUCTION, CROSS REFERENCES, AND
RELATED MATTERS''.
(3) Application of amendment.--Section 102 of title 10, United
States Code, as added by paragraph (1), shall apply to the
amendments made by this section and other amendments made by this
Act.
(f) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
SEC. 1082. DEPARTMENT OF DEFENSE CIVILIAN PROTECTION CENTER OF
EXCELLENCE.
(a) Civilian Protection Center of Excellence.--
(1) In general.--Chapter 7 of title 10, United States Code, is
amended by inserting after section 183a the following new section:
``Sec. 184. Civilian Protection Center of Excellence
``(a) Establishment.--The Secretary of Defense shall operate the
Civilian Protection Center of Excellence. The purpose of the Center
shall be to--
``(1) serve as the focal point for matters related to civilian
casualties and other forms of civilian harm resulting from military
operations involving the United States Armed Forces; and
``(2) institutionalize and advance knowledge, practices, and
tools for preventing, mitigating, and responding to civilian harm.
``(b) Purpose.--The Center shall be used to--
``(1) develop standardized civilian-harm operational reporting
and data management processes to improve data collection, sharing,
and learning across the Department of Defense;
``(2) develop, recommend, and review guidance, and the
implementation of guidance, on how the Department responds to
civilian harm;
``(3) develop recommended guidance for addressing civilian harm
across the full spectrum of armed conflict and for use in doctrine
and operational plans;
``(4) recommend training and exercises for the prevention and
investigation of civilian harm;
``(5) develop a repository of civilian casualty and civilian
harm information;
``(6) capture lessons learned from assessments and
investigations of civilian casualty incidents and supporting
institutionalization of such lessons learned within policy,
doctrine, training, exercises, and tactics, techniques, and
procedures of the Department of Defense;
``(7) support the coordination and synchronization of efforts
across combatant commands, the Department of State, and other
relevant United States Government departments and agencies to
prevent, mitigate, and respond to incidents of civilian harm;
``(8) engage with nongovernmental organizations and civilian
casualty experts; and
``(9) perform such other functions as the Secretary of Defense
may specify.
``(c) Annual Report.--The Secretary of Defense shall submit to the
congressional defense committees, and make publicly available on an
appropriate website of the Department, an annual report on the
activities of the Center.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 183a the following new item:
``184. Civilian Protection Center of Excellence.''.
(b) Deadline for Establishment.--The Civilian Protection Center of
Excellence, as required under section 184 of title 10, United States
Code, as added by subsection (a), shall be established by not later
than 90 days after the date of the enactment of this Act.
(c) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the establishment of such
Civilian Protection Center of Excellence.
SEC. 1083. RONALD V. DELLUMS MEMORIAL FELLOWSHIP IN STEM.
Section 4093(f) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) In coordination with the efforts under paragraph (2), the
Secretary of Defense shall additionally establish a program, which
shall be known as the `Ronald V. Dellums Memorial Fellowship in STEM',
to provide financial assistance under this section to at least 30
students from communities that are underrepresented in the Department
of Defense STEM workforce, not fewer of 50 percent of whom shall attend
historically Black colleges and universities and minority-serving
institutions. As part of such program, the Secretary shall establish an
internship program that provides each student who is awarded a
fellowship under this paragraph with an internship in an organization
or element of the Department of Defense, and to the extent practicable,
each such student shall be paired with a mid-level or a senior-level
official of the relevant organization or element of the Department of
Defense who shall serve as a mentor during the internship.''.
SEC. 1084. AMENDMENT TO MEMORIAL FOR MEMBERS OF THE ARMED FORCES KILLED
IN ATTACK ON HAMID KARZAI INTERNATIONAL AIRPORT.
Section 1087 of National Defense Authorization Act for Fiscal Year
2022 (40 U.S.C. 8903 note) is amended by striking ``The Secretary of
Defense may'' and inserting ``The Secretary of Defense shall, not later
than 1 year after the date of enactment of the National Defense
Authorization Act for Fiscal Year 2023,''.
SEC. 1085. PUBLIC AVAILABILITY OF COST OF CERTAIN MILITARY OPERATIONS.
Section 1090 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) is amended--
(1) by inserting ``(a) Publication of Information.--'' before
``The Secretary of Defense'';
(2) by striking ``of each of the wars in Afghanistan, Iraq, and
Syria.'' and inserting ``of any contingency operation conducted by
the United States Armed Forces on or after September 18, 2001.'';
and
(3) by adding at the end the following new subsections:
``(b) Display of Information.--The information required to be
posted under subsection (a) shall, to the extent practicable--
``(1) be posted directly on the website of the Department of
Defense, in an accessible and clear format;
``(2) include corresponding documentation as links or
attachments; and
``(3) include, for each contingency operation, a list of
countries where the contingency operation has taken place.
``(c) Updates.--The Secretary shall ensure that all the information
required to be posted under subsection (a) is updated by not later than
90 days after the last day of each fiscal year.
``(d) Contingency Operation Defined.--In this section, the term
`contingency operation' has the meaning given such term in section
101(a)(13) of title 10, United States Code.''.
SEC. 1086. COMBATING MILITARY RELIANCE ON RUSSIAN ENERGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) reliance on Russian energy poses a critical challenge for
national security activities in the area of responsibility of the
United States European Command; and
(2) in order to reduce the vulnerability of United States
military facilities to disruptions caused by reliance on Russian
energy, the Department of Defense should establish and implement
plans to reduce reliance on Russian energy for all main operating
bases in the area of responsibility of the United States European
Command.
(b) Eliminating Use of Russian Energy.--It shall be the goal of the
Department of Defense to eliminate the use of Russian energy on each
main operating base in the area of responsibility of the United States
European Command by not later than five years after the date of the
completion of an installation energy plan for such base, as required
under this section.
(c) Installation Energy Plans for Main Operating Bases.--
(1) Identification of installations.--Not later than June 1,
2023, the Secretary of Defense shall submit to the congressional
defense committees a list of main operating bases within the area
of responsibility of the United States European Command ranked
according to mission criticality and vulnerability to energy
disruption.
(2) Submittal of plans.--Not later than 12 months after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees--
(A) an installation energy plan for each main operating
base on the list submitted under paragraph (1); and
(B) an assessment of the feasibility of reaching the goal
for the elimination of the use of Russian energy pursuant to
subsection (b) on that base, including--
(i) a description of the steps that would be required
to meet such goal; and
(ii) an analysis of the effects such steps would have
on the national security of the United States.
(d) Content of Plans.--Each installation energy plan for a main
operating base shall include each of the following with respect to that
base:
(1) An assessment of the energy resilience requirements,
resiliency gaps, and energy-related cybersecurity requirements of
the base, including with respect to operational technology, control
systems, and facilities-related control systems.
(2) An identification of investments in technology required to
improve energy resilience, reduce demand, strengthen energy
conservation, and support mission readiness.
(3) An identification of investments in infrastructure,
including microgrids, required to strengthen energy resilience and
mitigate risk due to grid disturbance.
(4) Recommendations related to opportunities for the use of
renewable energy, clean energy, nuclear energy, and energy storage
projects to reduce dependence on natural gas.
(5) An assessment of how the requirements and recommendations
included pursuant to paragraphs (2) through (4) interact with the
energy policies of the country where the base is located, both at
present and into the future.
(e) Implementation of Plans.--
(1) Deadline for implementation.--Not later than 30 days after
the date on which the Secretary submits an installation energy plan
for a base under subsection (c)(2), the Secretary shall--
(A) begin implementing the plan; and
(B) provide to the congressional defense committees a
briefing on the contents of the plan and the strategy of the
Secretary for implementing the mitigation measures identified
in the plan.
(2) Prioritization of certain projects.--In implementing an
installation energy plan for a base under this section, the
Secretary shall prioritize projects requested under section 2914 of
title 10, United States Code, to mitigate assessed risks and
improve energy resilience, energy security, and energy conservation
at the base.
(3) Nonapplication of certain other authorities.--Subsection
(d) of section 2914 of title 10, United States Code, shall not
apply with respect to any project carried out pursuant to this
section or pursuant to an installation energy plan for a base under
this section.
(f) Policy for Future Bases.--The Secretary of Defense shall
establish a policy to ensure that any new military base in the area of
responsibility of the United States European Command is established in
a manner that proactively includes the consideration of energy
security, energy resilience, and mitigation of risk due to energy
disruption.
(g) Annual Congressional Briefings.--The Secretary of Defense shall
provide to the congressional defense committees annual briefings on the
installation energy plans required under this section. Such briefings
shall include an identification of each of the following:
(1) The actions each main operating base is taking to implement
the installation energy plan for that base.
(2) The progress that has been made toward reducing the
reliance of United States bases on Russian energy.
(3) The steps being taken and planned across the future-years
defense program to meet the goal of eliminating reliance on Russian
energy.
SEC. 1087. ESTABLISHMENT OF JOINT FORCE HEADQUARTERS IN AREA OF
OPERATIONS OF UNITED STATES INDO-PACIFIC COMMAND.
(a) Establishment.--Not later than October 1, 2024, the Secretary
of Defense shall establish a joint force headquarters in the area of
operations of United States Indo-Pacific Command, in accordance with
the implementation plan required under subsection (b).
(b) Implementation Plan and Establishment of Joint Force
Headquarters.--
(1) Implementation plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees an implementation
plan for the establishment of a joint force headquarters in the
area of operations of United States Indo-Pacific Command to serve
as an operational command. Such plan shall include--
(A) the integration of joint all domain command and control
effects chains and mission command and control, including in
conflicts that arise with minimal warning;
(B) the integration of the capabilities of Assault Breaker
II, developed by the Defense Advanced Research Projects Agency,
and related developmental efforts as they transition to
operational deployment;
(C) the exercise of other joint all domain command and
control capabilities and functions; and
(D) such other missions and operational tasks as the
Secretary determines appropriate.
(2) Elements.--The plan required by paragraph (1) shall include
each of the following with respect to the joint force headquarters
to be established:
(A) A description of the operational chain of command.
(B) An identification of the manning and resourcing
required, relative to assigned missions, particularly the
sources of personnel required.
(C) A description of the mission and lines of effort.
(D) A description of the relationship with existing
entities in United States Indo-Pacific Command, including an
assessment of complementary and duplicative activities with
such entities and the joint force headquarters.
(E) An identification of supporting infrastructure
required.
(F) Such other matters as the Secretary considers
appropriate.
(c) Support for Joint Force Headquarters.--The commander of the
joint force headquarters established under this section shall be
supported by the United States Indo-Pacific Command subordinate unified
commands, subordinate component commands, standing joint task force,
and the Armed Forces.
(d) Annual Report Required.--
(1) In general.--Not later than one year after the date of the
establishment of the joint force headquarters required under
subsection (a), and not less frequently than once each year
thereafter until December 31, 2028, the Secretary of Defense shall
submit to the congressional defense committees an annual report on
the joint force headquarters established under this section.
(2) Contents.--Each report submitted under paragraph (1) shall
include the following:
(A) A description of the mission and lines of effort of the
joint force headquarters.
(B) An accounting of the personnel and other resources
supporting the joint force headquarters, including support
external to the headquarters.
(C) A description of the operational chain of command of
the joint force headquarters.
(D) An assessment of the manning and resourcing of the
joint force headquarters, relative to assigned missions.
(E) A description of the relationship with existing
entities in Indo-Pacific Command, including an assessment of
complementary and duplicative activities with such entities and
the joint force headquarters.
(3) Form.--Each report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1088. NATIONAL TABLETOP EXERCISE.
(a) Requirement.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall conduct a
tabletop exercise designed to assess the resiliency of United States
domestic critical infrastructure supporting United States military
requirements in the event of a military contingency involving Taiwan.
(b) Elements.--A tabletop exercise under this section shall be
designed to evaluate the following elements:
(1) The resilience of domestic critical infrastructure and
logistical chokepoints necessary for the United States Armed Forces
to respond to a contingency involving Taiwan, including an
assessment of the mobility of the United States Armed Forces in the
event of attacks upon such infrastructure.
(2) Federal Government response options to ensure the viability
of domestic critical infrastructure in the event of a military
contingency involving Taiwan.
(3) The ability of the United States Armed Forces, with the
armed forces of United States allies and partners, to resist any
resort to force or other form of coercion by an aggressor in the
event of a military contingency involving Taiwan, if domestic
critical infrastructure is compromised.
(4) The importance of nonmilitary actions, including economic
and financial measures, by the United States, with United States
allies and partners, to deter and, if necessary, respond to a
contingency involving Taiwan.
(c) Consultation Requirement.--In carrying out this section, the
Secretary shall consult with the heads of other appropriate Federal
departments and agencies, as the Secretary determines appropriate.
(d) Briefing.--
(1) In general.--Not later than 90 days after the date on which
a tabletop exercise is conducted under this section, the Secretary
shall provide to the appropriate congressional committees a
briefing on the exercise.
(2) Contents.--A briefing under paragraph (1) shall include--
(A) an assessment of the decision-making, capability, and
response gaps observed in the tabletop exercise; and
(B) recommendations to improve the resiliency of, and
reduce vulnerabilities in, the domestic critical infrastructure
of the United States in the event of a military contingency
involving Taiwan.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Oversight and Reform of
the House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Homeland Security and
Government Affairs of the Senate.
(2) The term ``tabletop exercise'' means an activity--
(A) in which key personnel assigned high-level roles and
responsibilities are gathered to deliberate various simulated
emergency or rapid response situations; and
(B) that is designed to be used to assess the adequacy of
plans, policies, procedures, training, resources, and
relationships or agreements that guide prevention of, response
to, and recovery from a defined event.
SEC. 1089. PERSONNEL SUPPORTING THE OFFICE OF THE ASSISTANT SECRETARY
OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT.
(a) Plan Required.--Not later than 30 days after the date of the
completion of the manpower study required by the Joint Explanatory
Statement accompanying the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81), the Secretary of Defense shall
submit to the congressional defense committees a plan for adequately
staffing the Office of the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict to fulfill the requirements of
section 138(b)(2)(A)(i) of title 10, United States Code, for exercising
authority, direction, and control of all special-operations peculiar
administrative matters relating to the organization, training, and
equipping of special operations forces.
(b) Additional Information.--The Secretary shall ensure the plan
required under subsection (a) is informed by the manpower study
required by the Joint Explanatory Statement accompanying the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81).
(c) Elements.--The plan required under subsection (a) shall include
the following elements:
(1) A validated number of personnel necessary to fulfill the
responsibilities of the Secretariat for Special Operations outlined
in section 139b of title 10, United States Code, and associated
funding across the future-years defense program submitted to
Congress under section 221 of title 10, United States Code.
(2) A hiring plan with milestones for gradually increasing the
number of required personnel.
(3) A breakdown of the optimal mix of required military,
civilian, and contractor personnel.
(4) An analysis of the feasibility and advisability of
assigning a member of the Senior Executive Service to serve as the
Deputy Director of the Secretariat for Special Operations.
(5) An identification of any anticipated funding shortfalls for
personnel supporting the Secretariat for Special Operations across
the future-years defense program submitted to Congress under
section 221 of title 10, United States Code.
(6) Any other matters the Secretary determines relevant.
SEC. 1090. SENSE OF CONGRESS ON REDESIGNATION OF THE AFRICA CENTER FOR
STRATEGIC STUDIES AS THE JAMES M. INHOFE CENTER FOR AFRICA STRATEGIC
STUDIES.
It is the sense of Congress that--
(1) Senator James M. Inhofe--
(A) has, during his more than three decades of service in
the United States Congress--
(i) demonstrated a profound commitment to strengthening
United States-Africa relations; and
(ii) been one of the foremost leaders in Congress on
matters related to United States-Africa relations;
(B) was a key advocate for the establishment of United
States Africa Command; and
(C) has conducted 170 visits to countries in Africa; and
(2) as a recognition of Senator Inhofe's long history of
engaging with, and advocating for, Africa, the Department of
Defense Africa Center for Strategic Studies should be renamed the
James M. Inhofe Center for Africa Strategic Studies.
SEC. 1091. INTEGRATION OF ELECTRONIC WARFARE INTO TIER 1 AND TIER 2
JOINT TRAINING EXERCISES.
(a) In General.--During fiscal years 2023 through 2027, the
Chairman of the Joint Chiefs of Staff shall require that offensive and
defensive electronic warfare capabilities be integrated into Tier 1 and
Tier 2 joint training exercises.
(b) Requirement to Include Opposing Force.--The Chairman shall
require exercises conducted under subsection (a) to include an opposing
force design based on a current intelligence assessment of the
electromagnetic order of battle and capabilities of an adversary.
(c) Waiver.--The Chairman may waive the requirements under
subsections (a) and (b) with respect to an exercise if the Chairman
determines that--
(1) the exercise does not require--
(A) a demonstration of electronic warfare capabilities; or
(B) a militarily significant threat from electronic warfare
attack; or
(2) the integration of offensive and defensive electronic
warfare capabilities into the exercise is cost prohibitive or not
technically feasible based on the overall goals of the exercise.
(d) Briefing Required.--Concurrent with the submission of the
budget of the President to Congress pursuant to section 1105(a) of
title 31, United States Code, for each of fiscal years 2023 through
2027, the Chairman shall provide to the congressional defense
committees a briefing on exercises conducted under subsection (a) that
includes--
(1) a description of such exercises planned and included in the
budget submission for that fiscal year; and
(2) the results of each such exercise conducted in the
preceding fiscal year, including--
(A) the extent to which offensive and defensive electronic
warfare capabilities were integrated into the exercise;
(B) an evaluation and assessment of the exercise to
determine the impact of the opposing force on the participants
in the exercise, including--
(i) joint lessons learned;
(ii) high interest training issues; and
(iii) high interest training requirements; and
(C) whether offensive and defensive electronic warfare
capabilities were part of an overall joint fires and, if so, a
description of how such capabilities were incorporated into the
joint fires.
(e) Definitions.--In this section:
(1) The term ``electromagnetic order of battle'' has the
meaning given that term in Joint Publication 3-85 titled ``Joint
Electromagnetic Spectrum Operations'', dated May 2020.
(2) The terms ``high interest training issue'', ``high interest
training requirement'', ``Tier 1'', and ``Tier 2'' have the
meanings given those terms in the Joint Training Manual for the
Armed Forces of the United States (Document No. CJCSM 3500.03E),
dated April 20, 2015.
(3) The term ``joint fires'' has the meaning given that term in
the publication of the Joint Staff titled ``Insights and Best
Practices Focus Paper on Integration and Synchronization of Joint
Fires'', dated July 2018.
SEC. 1092. NATIONAL COMMISSION ON THE FUTURE OF THE NAVY.
(a) Establishment.--
(1) In general.--There is established an independent commission
in the legislative branch to be known as the ``Commission on the
Future of the Navy'' (in this section referred to as the
``Commission'').
(2) Duties of commission.--
(A) Study on naval force structure.--
(i) In general.--The Commission shall undertake a
comprehensive study of the structure of the Navy and policy
assumptions related to the size and force mixture of the
Navy, in order--
(I) to make recommendations on the size and force
mixture of ships; and
(II) to make recommendations on the size and force
mixture of naval aviation.
(ii) Considerations.--In undertaking the study required
by this subsection, the Commission shall carry out each of
the following:
(I) An evaluation and identification of a structure
for the Navy that--
(aa) has the depth and scalability to meet
current and anticipated requirements of the
combatant commands;
(bb) assumes four different funding levels of:
fiscal year 2023 appropriated plus inflation;
fiscal year 2023 appropriated with 3-5 percent real
growth; such as is necessary to build, man,
maintain and modernize the fleet required by
section 1025 of the National Defense Authorization
Act for 2018 (Public Law 115-91); and notionally
unconstrained to meet the needs of the National
Defense Strategy including a particular focus on
the areas of responsibility of United States Indo-
Pacific Command and United States European Command;
(cc) ensures that the Navy has the capacity
needed to support current and anticipated homeland
defense and disaster assistance missions in the
United States;
(dd) provides for sufficient numbers of members
of the Navy to ensure a 115 percent manning level
of all deployed ships and not less than a 90
percent manning level at any point in time;
(ee) provides a sustainable force generation
model with the associated rotational presence,
personnel, training, and maintenance assumptions;
(ff) identifies forward basing and stationing
requirements; and
(gg) identifies potential strategic and
operational risk tradeoffs and makes
recommendations among readiness, efficiency,
effectiveness, capability, and affordability.
(II) An evaluation and identification of combatant
command demand and fleet size, including
recommendations to support--
(aa) readiness;
(bb) training;
(cc) routine ship maintenance;
(dd) personnel;
(ee) forward presence;
(ff) depot level ship maintenance; and
(gg) fleet modernization.
(III) A detailed review of the cost of the
recapitalization of the Nuclear Triad in the Department
of Defense and its effect on the Navy's budget.
(IV) A review of Navy personnel policies and
training to determine changes needed across all
personnel activities to improve training effectiveness
and force tactical readiness and reduce operational
stress.
(B) Study on shipbuilding and innovation.--
(i) In general.--The Commission shall conduct a study
on shipbuilding, new construction, and repair shipyards,
and opportunities to better integrate advanced technologies
such as augmented reality and artificial intelligence in
the fleet.
(ii) Considerations.--In conducting the study required
under this subsection, the Commission shall consider the
following:
(I) Recommendations for specific changes to the
Navy's Shipyard Infrastructure Optimization Program,
which may include legislative changes such as providing
multi-year appropriations or expanded use of innovative
technology.
(II) Recommendations for changes to the ship design
and build program that could reduce technical and
schedule risk, reduce cost, accelerate build timelines,
and prioritize an incremental approach to introducing
change.
(III) Recommendations for changes to the ship depot
maintenance program in order to reduce overhaul
timelines, integrate current technologies into ships,
and reduce costs.
(3) Powers of commission.--
(A) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out its duties under this section.
(B) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
its duties under this section. Upon request of the Co-Chairs of
the Commission, the head of such department or agency shall
furnish such information to the Commission.
(C) Use of postal service.--The Commission may use the
United States mails in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
(D) Authority to accept gifts.--
(i) In general.--The Commission may accept, use, and
dispose of gifts or donations of services, goods, and
property from non-Federal entities for the purposes of
aiding and facilitating the work of the Commission. The
authority under this paragraph does not extend to gifts of
money.
(ii) Documentation; conflicts of interest.--The
Commission shall document gifts accepted under the
authority provided by clause (i) and shall avoid conflicts
of interest or the appearance of conflicts of interest.
(iii) Compliance with congressional ethics rules.--
Except as specifically provided in this section, a member
of the Commission shall comply with rules set forth by the
Select Committee on Ethics of the Senate and the Committee
on Ethics of the House of Representatives governing
employees of the Senate and the House of Representatives,
respectively.
(4) Report required.--Not later than July 1, 2024, the
Commission shall submit to the Committees on Armed Services of the
Senate and House of Representatives an unclassified report, with
classified annexes if necessary, that includes the findings and
conclusions of the Commission as a result of the studies required
under this section, together with its recommendations for such
legislative actions as the Commission considers appropriate in
light of the results of the studies.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 8
members, of whom--
(A) one shall be appointed by the Speaker of the House of
Representatives;
(B) one shall be appointed by the Minority Leader of the
House of Representatives;
(C) one shall be appointed by the Majority Leader of the
Senate;
(D) one shall be appointed by the Minority Leader of the
Senate;
(E) one shall be appointed by the Chairman of the Committee
on Armed Services of the Senate;
(F) one shall be appointed by the Ranking Member of the
Committee on Armed Services of the Senate;
(G) one shall be appointed by the Chairman of the Committee
on Armed Services of the House of Representatives; and
(H) one shall be appointed by the Ranking Member of the
Committee on Armed Services of the House of Representatives.
(2) Co-chairs.--There shall be two Co-Chairs of the Commission.
The Republican leadership of the Senate and House of
Representatives shall jointly select one Co-Chair, and the
Democratic leadership of the Senate and House of Representatives
shall jointly select the other.
(3) Appointment date; notifications.--
(A) Members shall be appointed to the commission under
paragraph (1) by not later than 90 days after the date of
enactment of this Act.
(B) Individuals making appointments under paragraph (1)
shall provide notice of the appointments to the Secretary of
Defense (in this section referred to as the ``Secretary'').
(4) Qualifications and expertise.--
(A) In general.--In making appointments under this
subsection, consideration shall be given to individuals with
expertise in--
(i) United States naval policy and strategy;
(ii) naval forces capability;
(iii) naval nuclear propulsion and weapons;
(iv) naval force structure design, organization, and
employment;
(v) Navy personnel matters;
(vi) Navy acquisition and sustainment;
(vii) Navy shipbuilding;
(viii) naval aviation aircraft procurement; and
(ix) Navy ship and aircraft depot maintenance.
(B) Restriction on appointment.--Officers or employees of
the Federal Government (other than experts or consultants the
services of which are procured under section 3109 of title 5,
United States Code) may not be appointed as members of the
Commission.
(C) Restriction on members of congress.--Members of
Congress may not serve on the Commission.
(5) Period of appointment; vacancies; removal of members.--
(A) Appointment duration.--Members shall be appointed for
the life of the Commission.
(B) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(C) Removal of members.--A member may be removed from the
Commission for cause by the individual serving in the position
responsible for the original appointment of such member under
subsection (b)(1), provided that notice has first been provided
to such member of the cause for removal and voted and agreed
upon by three quarters of the members serving. A vacancy
created by the removal of a member under this subsection shall
not affect the powers of the Commission, and shall be filled in
the same manner as the original appointment was made.
(D) Quorum.--.A majority of the members serving on the
Commission shall constitute a quorum.
(E) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed as
published in the Congressional Record, the Commission shall
hold its initial meeting.
(c) Personnel Matters.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of such
section, members of the Commission shall be deemed to be Federal
employees in the legislative branch subject to all the laws and
policies applicable to legislative branch employees.
(2) Oath of office.--Notwithstanding the provision of section
2903(b) of title 5, United States Code, an employee of an Executive
Branch agency, otherwise authorized to administer oaths under
section 2903 of title 5, United States Code, may administer the
oath of office to Commissioners for the purpose of their service to
the Commission.
(3) Security clearances.--The appropriate Federal departments
or agencies shall cooperate with the Commission in expeditiously
providing to the Commission members and staff appropriate security
clearances to the extent possible pursuant to existing procedures
and requirements, except that no person may be provided with access
to classified information under this Act without the appropriate
security clearances.
(4) Pay for members.--Each member of the Commission may be
compensated at a rate not to exceed the daily equivalent of the
annual rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which such member is
engaged in the performance of the duties of the Commission. All
members of the Commission who are officers or employees of the
United States shall serve without compensation additional to that
received for their services as officers or employees of the United
States.
(5) Staff.--
(A) Executive director.--The Co-Chairs of the Commission
may appoint and fix the rate of basic pay for an Executive
Director in accordance with section 3161 of title 5, United
States Code.
(B) Commission staff.--The Executive Director may appoint
and fix the rate of basic pay for additional personnel as staff
of the Commission in accordance with section 3161 of title 5,
United States Code.
(C) Detailees authorized.--On a reimbursable or non-
reimbursable basis, the heads of departments and agencies of
the Federal Government may provide, and the Commission may
accept personnel detailed from such departments and agencies,
including active-duty military personnel.
(D) Travel expenses.--The members and staff of the
Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(d) Support.--
(1) Assistance from department of defense.--
(A) In general.--Of the amounts authorized to be
appropriated for the Department of Defense for support of the
Commission, the Secretary may make transfers to the Commission
for commission expenses, including compensation of commission
members, officers, and employees, and provision of other such
services, funds, facilities, and other support services as
necessary for the performance of the Commission's functions.
Funds made available to support and provide assistance to the
Commission may be used for payment of compensation of members,
officers, and employees of the Commission without transfer
under this subparagraph. Amounts transferred under this
subparagraph shall remain available until expended. Transfer
authority provided by this subparagraph is in addition to any
other transfer authority provided by law. Section 2215 of title
10, United States Code, shall not apply to a transfer of funds
under this subparagraph.
(B) Treasury account authorized.--The Secretary of the
Treasury may establish an account or accounts for the
Commission from which any amounts transferred under this clause
may be used for activities of the Commission.
(2) Liaison.--The Secretary shall designate at least one
officer or employee of the Department of Defense to serve as a
liaison officer between the Department and the Commission.
(3) Additional support.--To the extent that funds are available
for such purpose, or on a reimbursable basis, the Secretary may, at
the request of the Co-Chairs of the Commission--
(A) enter into contracts for the acquisition of
administrative supplies and equipment for use by the
Commission; and
(B) make available the services of a Federal funded
research and development center or an independent,
nongovernmental organization, described under section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code.
(4) Preliminary administrative support authorized.--Upon the
appointment of the Co-Chairs under subsection (b), the Secretary
may provide administrative support authorized under this section
necessary to facilitate the standing up of the Commission.
(e) Termination of Commission.--The Commission shall terminate 90
days after the submission of the report required under subsection (a).
SEC. 1093. DYNAMIC AIRSPACE PILOT PROGRAM.
(a) Pilot Program.--
(1) Pilot program required.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of the Federal
Aviation Administration, in coordination with the Secretary of
Defense, shall establish a pilot program for the purpose of
developing, testing, and assessing dynamic scheduling and
management of special activity airspace in order to accommodate
emerging military testing and training requirements, including--
(A) special activity airspace for use by the Department of
Defense for emerging military testing and training requirements
of infrequent or limited durations; and
(B) streamlining the process for the Department of Defense
to request the designation of special activity airspace for
activities described in subparagraph (A).
(2) Development, test, and assessment of dynamic airspace.--
Under the pilot program established under paragraph (1), the
Administrator and the Secretary shall jointly test not less than
two use cases concerning temporary or permanent special activity
airspace established by the Federal Aviation Administration for use
by the Department of Defense that develop, test, and assess--
(A) the availability of such airspace on an infrequent or
limited duration necessary to accommodate the Department of
Defense's emerging military testing and training requirements;
and
(B) whether the processes for the Department of Defense to
request special activity airspace for infrequent or limited
duration military testing and training events meet Department
of Defense testing and training requirements.
(b) Requirements.--The pilot program established by subsection (a)
shall not interfere with--
(1) the public's right of transit consistent with national
security;
(2) the use of airspace necessary to ensure the safety of
aircraft within the National Airspace System;
(3) the use of airspace necessary to ensure the efficient use
of the National Airspace System; and
(4) Department of Defense use of special activity airspace that
is established through means other than the pilot program
established by subsection (a).
(c) Report by the Administrator.--
(1) In general.--Not later than two years after the date of the
establishment of the pilot program under subsection (a)(1), the
Administrator shall submit to the appropriate committees of
Congress a report on the interim findings of the Administrator with
respect to the pilot program.
(2) Elements.--The report submitted under paragraph (1) shall
include an analysis of the following:
(A) How the pilot program established under subsection
(a)(1) affected policies on establishing and scheduling special
activity airspace with an emphasis on the impact of allocation
and utilization policies to other nonparticipating aviation
users of the National Airspace System.
(B) Whether the streamlined processes for dynamic
scheduling and management of special activity airspace involved
in the pilot program established under subsection (a)(1)
contributed to--
(i) the public's right of transit consistent with
national security;
(ii) the use of airspace necessary to ensure the safety
of aircraft within the National Airspace System; and
(iii) the use of airspace necessary to ensure the
efficient use of the National Airspace System.
(d) Report by the Secretary of Defense.--Not later than two years
after the date of the establishment of the pilot program under
subsection (a)(1), the Secretary shall submit to the appropriate
committees of Congress a report on the interim findings of the
Secretary with respect to the pilot program. Such report shall include
an analysis of how the pilot program affected military testing and
training.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation,
the Committee on Armed Services, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Transportation and Infrastructure, the
Committee on Science, Space, and Technology, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
(2) The term ``special activity airspace'' means the following
airspace with defined dimensions within the National Airspace
System wherein limitations may be imposed upon aircraft operations:
(A) Restricted areas.
(B) Military operations areas.
(C) Air traffic control assigned airspace.
(D) Warning areas.
(3) The term ``use cases'' means a compendium of airspace
utilization data collected from the development, testing, and
assessment conducted under subsection (a)(1), and other test points
or metrics as agreed to by the Administrator and the Secretary,
within a specific geographic region as determined by the
Administrator and Secretary.
(f) Duration.--The pilot program under subsection (a)(1) shall
continue for not more than three years after the date on which it is
established.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Restricted reporting option for Department of Defense
civilian employees choosing to report experiencing adult
sexual assault.
Sec. 1102. Modification and extension of authority to waive annual
limitation on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the
Department of Defense.
Sec. 1105. Temporary extension of authority to provide security for
former Department of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology
positions in science and technology reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-
limited appointments to compete for permanent appointments.
Sec. 1109. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic
shaping of the workforce to improve the technical skills and
expertise at certain department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for
noncompetitive appointments of military spouses by federal
agencies.
Sec. 1112. Modification to pilot program for the temporary assignment of
cyber and information technology personnel to private sector
organizations.
SEC. 1101. RESTRICTED REPORTING OPTION FOR DEPARTMENT OF DEFENSE
CIVILIAN EMPLOYEES CHOOSING TO REPORT EXPERIENCING ADULT SEXUAL
ASSAULT.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599j. Restricted reports of incidents of adult sexual assault
``(a) Restricted Reports.--The Secretary of Defense may provide a
civilian employee of the Department of Defense an opportunity to submit
to an individual described in subsection (d) a restricted report of an
alleged incident of adult sexual assault for the purpose of assisting
the employee in obtaining information and access to authorized victim
support services provided by the Department.
``(b) Restrictions on Disclosures and Initiating Investigations.--
Unless the Secretary determines that a disclosure is necessary to
prevent or mitigate a serious and imminent safety threat to the
employee submitting the report or to another person, a restricted
report submitted pursuant to subsection (a) shall not--
``(1) be disclosed to the supervisor of the employee or any
other management official; or
``(2) cause the initiation of a Federal civil or criminal
investigation.
``(c) Duties Under Other Laws.--The receipt of a restricted report
submitted under subsection (a) shall not be construed as imputing
actual or constructive knowledge of an alleged incident of sexual
assault to the Department of Defense for any purpose.
``(d) Individuals Authorized to Receive Restricted Reports.--An
individual described in this subsection is an individual who performs
victim advocate duties under a program for one or more of the following
purposes (or any other program designated by the Secretary):
``(1) Sexual assault prevention and response.
``(2) Victim advocacy.
``(3) Equal employment opportunity.
``(4) Workplace violence prevention and response.
``(5) Employee assistance.
``(6) Family advocacy.
``(e) Definitions.--In this section:
``(1) Civilian employee.--The term `civilian employee' has the
meaning given the term `employee' in section 2105 of title 5.
``(2) Sexual assault.--The term `sexual assault' has the
meaning given that term in section 920 of this title (article 120
of the Uniform Code of Military Justice), and includes penetrative
offenses and sexual contact offenses.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1599j. Restricted reports of incidents of adult sexual assault.''.
SEC. 1102. MODIFICATION AND EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL
CIVILIAN EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4615), as most recently amended by section 1112 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1953), is further amended--
(1) by striking ``that is in the area of responsibility'' and
all that follows through ``United States Africa Command,'' and
(2) by striking ``through 2022'' and inserting ``through
2023''.
SEC. 1103. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN PERSONNEL ON OFFICIAL
DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1114 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1954), is further
amended by striking ``2023'' and inserting ``2024''.
SEC. 1104. STANDARDIZED CREDENTIALS FOR LAW ENFORCEMENT OFFICERS OF THE
DEPARTMENT OF DEFENSE.
(a) Standardized Credentials Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall ensure that--
(1) the Secretary of each military department develops
standardized credentials for Defense law enforcement officers under
their respective authority;
(2) the Secretary of each military department issues such
credential to each such officer at no cost to such officer; and
(3) any Department of Defense common access card issued to such
an officer clearly identifies the officer as a Defense law
enforcement officer.
(b) Defense Law Enforcement Officer Defined.--In this section, the
term ``Defense law enforcement officer'' means a member of the Armed
Forces or civilian employee of the Department of Defense who--
(1) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law;
(2) has statutory powers of arrest or apprehension under
section 807(b) of title 10, United States Code (article 7(b) of the
Uniform Code of Military Justice); and
(3) is authorized by the Department to carry a firearm.
SEC. 1105. TEMPORARY EXTENSION OF AUTHORITY TO PROVIDE SECURITY FOR
FORMER DEPARTMENT OF DEFENSE OFFICIALS.
During the period beginning on the date of enactment of this Act
and ending on January 1, 2024, subsection (b) of section 714 of title
10, United States Code, shall be applied--
(1) in paragraph (1)(A), by substituting ``a serious and
credible threat'' for ``an imminent and credible threat'';
(2) in paragraph (2)(B), by substituting ``three years'' for
``two years''; and
(3) in paragraph (6)(A), by substituting--
(A) ``congressional leadership and the congressional
defense committees'' for ``the congressional defense
committees''; and
(B) by substituting ``the justification for such
determination, scope of the protection, and the anticipated
cost and duration of such protection'' for ``the justification
for such determination''.
SEC. 1106. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND TECHNOLOGY
POSITIONS IN SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES.
(a) In General.--Chapter 303 of title 10, United States Code, is
amended by inserting after section 4093 the following new section:
``Sec. 4094. Enhanced pay authority for certain research and technology
positions in science and technology reinvention laboratories
``(a) In General.--The Secretary of Defense may carry out a program
using the pay authority specified in subsection (d) to fix the rate of
basic pay for positions described in subsection (c) in order to assist
the military departments in attracting and retaining high quality
acquisition and technology experts in positions responsible for
managing and performing complex, high-cost research and technology
development efforts in the science and technology reinvention
laboratories of the Department of Defense.
``(b) Approval Required.--The program may be carried out in a
military department only with the approval of the service acquisition
executive of the military department concerned.
``(c) Positions.--The positions described in this subsection are
positions in the science and technology reinvention laboratories of the
Department of Defense that--
``(1) require expertise of an extremely high level in a
scientific, technical, professional, or acquisition management
field; and
``(2) are critical to the successful accomplishment of an
important research or technology development mission.
``(d) Rate of Basic Pay.--The pay authority specified in this
subsection is authority as follows:
``(1) Authority to fix the rate of basic pay for a position at
a rate not to exceed 150 percent of the rate of basic pay payable
for level I of the Executive Schedule, upon the approval of the
service acquisition executive concerned.
``(2) Authority to fix the rate of basic pay for a position at
a rate in excess of 150 percent of the rate of basic pay payable
for level I of the Executive Schedule, upon the approval of the
Secretary of the military department concerned.
``(e) Limitations.--
``(1) In general.--The authority in subsection (a) may be used
only to the extent necessary to competitively recruit or retain
individuals exceptionally well qualified for positions described in
subsection (c).
``(2) Number of positions.--The authority in subsection (a) may
not be used with respect to more than five positions in each
military department at any one time, unless the Under Secretary of
Defense for Research and Engineering, in concurrence with the
Secretaries of the military departments concerned, authorizes the
transfer of positions from one military department to another.
``(3) Term of positions.--The authority in subsection (a) may
be used only for positions having a term of less than five years.
``(f) Science and Technology Reinvention Laboratories of the
Department of Defense Defined.--In this section, the term `science and
technology reinvention laboratories of the Department of Defense' means
the laboratories designated as science and technology reinvention
laboratories by section 4121(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 303 of such title is amended by inserting after the item
relating to section 4093 the following new item:
``4094. Enhanced pay authority for certain research and technology
positions in science and technology reinvention
laboratories.''.
(c) Application.--This section shall take effect immediately after
section 881 of this Act.
SEC. 1107. FLEXIBLE WORKPLACE PROGRAMS.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall promulgate guidance to the military
departments to promote consistency in policies relating to flexible
workplace programs. Such guidance shall address at a minimum the
conditions under which an employee is allowed to perform all or a
portion of assigned duties--
(1) at a telecommuting center established pursuant to statute;
or
(2) through the use of flexible workplace services agreements.
SEC. 1108. ELIGIBILITY OF DEPARTMENT OF DEFENSE EMPLOYEES IN TIME-
LIMITED APPOINTMENTS TO COMPETE FOR PERMANENT APPOINTMENTS.
Section 3304 of title 5, United States Code, is amended by adding
at the end the following:
``(g) Eligibility of Department of Defense Employees in Time-
limited Appointments to Compete for Permanent Appointments.--
``(1) Definitions.--In this subsection--
``(A) the term `Department' means the Department of
Defense; and
``(B) the term `time-limited appointment' means a temporary
or term appointment in the competitive service.
``(2) Eligibility.--Notwithstanding any other provision of this
chapter or any other provision of law relating to the examination,
certification, and appointment of individuals in the competitive
service, an employee of the Department serving under a time-limited
appointment is eligible to compete for a permanent appointment in
the competitive service when the Department is accepting
applications from individuals within its own workforce, or from
individuals outside its own workforce, under merit promotion
procedures, if--
``(A) the employee was appointed initially under open,
competitive examination under subchapter I of this chapter to
the time-limited appointment;
``(B) the employee has served under 1 or more time-limited
appointments within the Department for a period or periods
totaling more than 2 years without a break of 2 or more years;
and
``(C) the employee's performance has been at an acceptable
level of performance throughout the period or periods referred
to in subparagraph (B).
``(3) Career-conditional status; competitive status.--An
individual appointed to a permanent position under this section--
``(A) becomes a career-conditional employee, unless the
employee has otherwise completed the service requirements for
career tenure; and
``(B) acquires competitive status upon appointment.
``(4) Former employees.--If the Department is accepting
applications as described in paragraph (2), a former employee of
the Department who served under a time-limited appointment and who
otherwise meets the requirements of this section shall be eligible
to compete for a permanent position in the competitive service
under this section if--
``(A) the employee applies for a position covered by this
section not later than 2 years after the most recent date of
separation; and
``(B) the employee's most recent separation was for reasons
other than misconduct or performance.
``(5) Regulations.--The Office of Personnel Management shall
prescribe regulations necessary for the administration of this
subsection.''.
SEC. 1109. MODIFICATION TO PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT
EXPERTS IN SCIENCE AND ENGINEERING.
Section 4092 of title 10, united states code, is amended--
(1) in subsection (a)(8), in the second sentence, by striking
``December 31, 2025'' and inserting ``December 31, 2030'';
(2) in subsection (b)--
(A) in paragraph (1)(H)--
(i) by striking ``10 positions'' and inserting ``15
positions''; and
(ii) by striking ``3 such positions'' and inserting ``5
such positions''; and
(B) in paragraph (2)(A)--
(i) in the matter preceding clause (i), by striking
``paragraph (1)(B)'' and inserting ``subparagraphs (B) and
(H) of paragraph (1)'';
(ii) in clause (i)--
(I) by striking ``to any of'' and inserting ``to
any of the''; and
(II) by inserting ``and any of the 5 positions
designated by the Director of the Space Development
Agency'' after ``Projects Agency''; and
(iii) in clause (ii), by striking ``the Director'' and
inserting ``the Director of the Defense Advanced Research
Projects Agency or the Director of the Space Development
Agency''; and
(3) in subsection (c)(2), by inserting ``the Space Development
Agency,'' after ``Intelligence Center,''.
SEC. 1110. MODIFICATION AND EXTENSION OF PILOT PROGRAM ON DYNAMIC
SHAPING OF THE WORKFORCE TO IMPROVE THE TECHNICAL SKILLS AND EXPERTISE
AT CERTAIN DEPARTMENT OF DEFENSE LABORATORIES.
(a) Repeal of Obsolete Provision.--Section 1109(b)(1) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92) is amended by striking subparagraph (D).
(b) Extension of Authority.--Section 1109(d)(1) of such Act is
amended by striking ``December 31, 2023'' and inserting ``December 31,
2027''.
SEC. 1111. MODIFICATION OF TEMPORARY EXPANSION OF AUTHORITY FOR
NONCOMPETITIVE APPOINTMENTS OF MILITARY SPOUSES BY FEDERAL AGENCIES.
(a) Extension of Sunset.--Subsection (e) of section 573 of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 5 U.S.C. 3330d note) is amended, in the matter
preceding paragraph (1), by striking ``the date that is 5 years after
the date of the enactment of this Act'' and inserting ``December 31,
2028''.
(b) Repeal of Opm Limitation and Reports.--Subsection (d) of such
section is repealed.
SEC. 1112. MODIFICATION TO PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT
OF CYBER AND INFORMATION TECHNOLOGY PERSONNEL TO PRIVATE SECTOR
ORGANIZATIONS.
Section 1110(d) of the National Defense Authorization Act for
Fiscal Year 2010 (5 U.S.C. 3702 note; Public Law 111-84) is amended by
striking ``September 30, 2022'' and inserting ``December 31, 2026''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation in
training program conducted by Colombia under the United
States-Colombia Action Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in multinational
centers of excellence.
Sec. 1204. Modification of existing authorities to provide for an
Irregular Warfare Center and a Regional Defense Fellowship
Program.
Sec. 1205. Modification to authority to provide support for conduct of
operations.
Sec. 1206. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1207. Modification and extension of authority to support border
security operations of certain foreign countries.
Sec. 1208. Security cooperation programs with foreign partners to
advance women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for
assistance to units of foreign security forces that have
committed a gross violation of human rights.
Sec. 1210. Independent assessment of United States efforts to train,
advise, assist, and equip the military forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation
Pilot Program.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress
injury and loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in
Afghanistan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities
of Iran and related activities.
Sec. 1232. Extension of authority to support operations and activities
of the Office of Security Cooperation in Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1234. Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated
operatives abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated networks linked to
the regime of Bashar al-Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D--Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1242. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1243. Modification to annual report on military and security
developments involving the Russian Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other
matters.
Sec. 1245. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over internationally recognized
territory of Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of
short and medium-term security assistance to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification to annual report on military and security
developments involving the People's Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to
authorize use of funds for the Coast Guard.
Sec. 1253. Modification of prohibition on participation of the People's
Republic of China in rim of the Pacific (RIMPAC) naval
exercises to include cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1256. Enhanced indications and warning for deterrence and
dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment
projects with ties to the Government of the People's Republic
of China.
Sec. 1258. Reporting on institutions of higher education domiciled in
the People's Republic of China that provide support to the
People's Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases and
investments made by the Government of the People's Republic of
China and entities directed or backed by the Government of the
People's Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in
the Indo-Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States
military posture in the Indo-Pacific region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Subtitle F--Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations
Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture
in Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist
organizations.
Sec. 1275. Report and feasibility study on collaboration to meet shared
national security interests in East Africa.
Sec. 1276. Assessment of challenges to implementation of the
partnership among Australia, the United Kingdom, and the
United States.
Sec. 1277. Modification and extension of United States-Israel
cooperation to counter unmanned aerial systems.
Sec. 1278. Sense of Congress and briefing on multinational force and
observers.
Sec. 1279. Briefing on Department of Defense program to protect United
States students against foreign agents.
Subtitle A--Assistance and Training
SEC. 1201. PAYMENT OF PERSONNEL EXPENSES NECESSARY FOR PARTICIPATION IN
TRAINING PROGRAM CONDUCTED BY COLOMBIA UNDER THE UNITED STATES-COLOMBIA
ACTION PLAN FOR REGIONAL SECURITY.
(a) In General.--Subchapter IV of chapter 16 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 335. Payment of personnel expenses necessary for participation
in training program conducted by Colombia under the United States-
Colombia Action Plan for Regional Security
``(a) Authority.--The Secretary of Defense may pay the expendable
training supplies, travel, subsistence, and similar personnel expenses
of, and special compensation for, the following that the Secretary
considers necessary for participation in the training program conducted
by Colombia under the United States-Colombia Action Plan for Regional
Security:
``(1) Defense personnel of friendly foreign governments.
``(2) With the concurrence of the Secretary of State, other
personnel of friendly foreign governments and nongovernmental
personnel.
``(b) Limitation.--
``(1) In general.--Except as provided in paragraph (2), the
authority provided in subsection (a) may only be used for the
payment of such expenses of, and special compensation for, such
personnel from developing countries.
``(2) Exception.-- The Secretary may authorize the payment of
such expenses of, and special compensation for, such personnel from
a country other than a developing country if the Secretary
determines that such payment is--
``(A) necessary to respond to extraordinary circumstances;
and
``(B) in the national security interest of the United
States.''.
(b) Conforming Amendment.--The table of sections at the beginning
of subchapter IV of chapter 16 of title 10, United States Code, is
amended by adding at the end the following new item:
``335. Payment of personnel expenses necessary for participation in
training program conducted by Colombia under the United
States-Colombia Action Plan for Regional Security.''.
SEC. 1202. MODIFICATIONS TO REPORTS ON SECURITY COOPERATION.
(a) Support to Friendly Foreign Countries for Conduct Operations.--
Section 331(d)(2) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F); and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) A description of each entity with which the
applicable friendly foreign country is engaged in hostilities
and whether each such entity is covered by an authorization for
the use of military force.''.
(b) Defense Institution Capacity Building.--Section 332(b)(2) of
title 10, United States Code, is amended--
(1) by striking ``quarter'' each place it appears; and
(2) by striking ``Each fiscal year'' and inserting ``Not later
than February 1 of each year''.
(c) Authority to Build Capacity of Foreign Forces.--Section 333(f)
of title 10, United States Code, is amended--
(1) in the heading, by striking ``Quarterly'' and inserting
``Semi-Annual'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``a quarterly'' and inserting ``a semi-
annual''; and
(B) by striking ``calendar quarter'' and inserting ``180
days''.
(d) Annual Report on Security Cooperation Activities.--Section 386
of title 10, United States Code, is amended to read as follows:
``Sec. 386. Annual report
``(a) Annual Report Required.--Not later than March 31 of each
year, the Secretary of Defense shall submit to the appropriate
congressional committees a report that sets forth, on a country-by-
country basis, an overview of security cooperation activities carried
out by the Department of Defense during the fiscal year in which such
report is submitted, using the authorities specified in subsection (b).
``(b) Elements of Report.--Each report required under subsection
(a) shall include, with respect to each country and for the entirety of
the period covered by such report, the following:
``(1) A narrative summary that provides--
``(A) a brief overview of the primary security cooperation
objectives for the activities encompassed by the report; and
``(B) a description of how such activities advance the
theater security cooperation strategy of the relevant
geographic combatant command.
``(2) A table that includes an aggregated amount with respect
to each of the following:
``(A) With respect to amounts made available for section
332(a) of this title, the Department of Defense cost to provide
any Department personnel as advisors to a ministry of defense.
``(B) With respect to amounts made available for section
332(b) of this title, the Department of Defense incremental
execution costs to conduct activities under such section.
``(C) With respect to section 333 of this title, the value
of all programs for which notice is required by such section.
``(D) With respect to section 335 of this title, the total
Department of Defense costs to fund expenses to attend training
provided by the Government of Colombia that began during the
period of the report.
``(E) With respect to amounts made available for section
341 of this title, the Department of Defense manpower and
travel costs to conduct bi-lateral state partnership program
engagements with the partner country.
``(F) With respect to amounts made available for section
342 of this title, the Department of Defense-funded, foreign-
partner travel costs to attend a regional center activity that
began during the period of the report.
``(G) With respect to amounts made available for section
345 of this title, the estimated Department of Defense
execution cost to complete all training that began during the
period of the report.
``(H) With respect to amounts made available for section
2561 of this title, the planned execution cost of completing
humanitarian assistance activities for the partner country that
were approved for the period of the report.
``(3) A table that includes aggregated totals for each of the
following:
``(A) Pursuant to section 311 of this title, the number of
personnel from a partner country assigned to a Department of
Defense organization.
``(B) Pursuant to section 332(a) of this title, the number
of Department of Defense personnel assigned as advisors to a
ministry of defense.
``(C) Pursuant to section 332(b) of this title, the number
of activities conducted by the Department of Defense.
``(D) The number of new programs carried out during the
period of the report that required notice under section 333 of
this title.
``(E) With respect to section 335 of this title, the number
of partner country officials who participated in training
provided by the Government of Colombia that began during the
period of the report.
``(F) With respect to section 341 of this title, the number
of Department of Defense bilateral state partnership program
engagements with the partner country that began during the
period of the report.
``(G) With respect to section 342 of this title, the number
of partner country officials who participated in regional
center activity that began during the period of the report.
``(H) Pursuant to the authorities under sections 343, 345,
348, 349, 350 and 352 of this title, the total number of
partner country personnel who began training during the period
of the report.
``(I) Pursuant to section 347 of this title, the number of
cadets from the partner country that were enrolled in the
Service Academies during the period of the report.
``(J) Pursuant to amounts made available to carry out
section 2561 of this title, the number of new humanitarian
assistance projects funded through the Overseas Humanitarian
Disaster and Civic Aid account that were approved during the
period of the required report.
``(4) A table that includes the following:
``(A) For each person from the partner country assigned to
a Department of Defense organization pursuant to section 311 of
this title--
``(i) whether the person is a member of the armed
forces or a civilian;
``(ii) the rank of the person (if applicable); and
``(iii) the component of the Department of Defense and
location to which such person is assigned.
``(B) With respect to each civilian employee of the
Department of Defense or member of the armed forces that was
assigned, pursuant to section 332(a) of this title, as an
advisor to a ministry of defense during the period of the
report, a description of the object of the Department of
Defense for such support and the name of the ministry or
regional organization to which the employee or member was
assigned.
``(C) With respect to each activity commenced under section
332(b) of this title during the period of the report--
``(i) the name of the supported ministry or regional
organization;
``(ii) the component of the Department of Defense that
conducted the activity;
``(iii) the duration of the activity; and
``(iv) a description of the objective of the activity.
``(D) For each program that required notice to Congress
under section 333 of this title during the period of the
report--
``(i) the units of the national security forces of the
foreign country to which assistance was provided;
``(ii) the type of operation capability assisted;
``(iii) a description of the nature of the assistance
being provided; and
``(iv) the estimated cost included in the notice
provided for such assistance.
``(E) With respect to each Government of Colombia training
activity which included Department of Defense funded
participants under section 335 of this title that commenced
during the period of the report--
``(i) the units of the defense personnel of the
friendly foreign country to which the Department of Defense
funded assistance was provided;
``(ii) the units of the Government of Colombia that
conducted the training activity;
``(iii) the duration of the training activity provided
by the Government of Colombia;
``(iv) a description of the objective of the training
activity provided by the Government of Colombia.
``(F) With respect to each activity commenced under section
341 of this title during the period of the report--
``(i) a description of the activity;
``(ii) the duration of the activity;
``(iii) the number of participating members of the
National Guard; and
``(iv) the number of participating personnel of foreign
country.
``(G) With respect to each activity of a Regional Center
for Security Studies commenced under section 342 of this title
during the period of the report--
``(i) a description of the activity;
``(ii) the name of the Regional Center that sponsored
the activity;
``(iii) the location and duration of the training; and
``(iv) the number of officials from the foreign country
who participated the activity.
``(H) With respect to each training event that commenced
under sections 343, 345, 348, 349, 350, or 352 of this title
during the period of the report--
``(i) a description of the training;
``(ii) the location and duration of the training; and
``(iii) the number of personnel of the foreign country
trained.
``(I) With respect to each new project approved under
section 2561 of this title during the period of the report and
funded through the Overseas Humanitarian Disaster and Civic Aid
account--
``(i) the title of the project;
``(ii) a description of the assistance to be provided;
and
``(iii) the anticipated costs to provide such
assistance.''.
(e) Applicability of Amendment to Annual Report Requirements.--With
respect to a report that was required to be submitted under section 386
of title 10, United States Code, prior to the date of the enactment of
this Act, that has not been submitted as of such date and relates to a
year preceding fiscal year 2023, such a report may be submitted in
accordance with--
(1) the requirements of such section 386 as amended by
subsection (d); or
(2) the requirements of such section 386 as in effect on the
day before the date of the enactment of this Act.
SEC. 1203. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN MULTINATIONAL
CENTERS OF EXCELLENCE.
Section 344(f) of title 10, United States Code, is amended--
(1) in paragraph (1)(D), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the International Special Training Centre, established in
1979 and located in Pfullendorf, Germany.''.
SEC. 1204. MODIFICATION OF EXISTING AUTHORITIES TO PROVIDE FOR AN
IRREGULAR WARFARE CENTER AND A REGIONAL DEFENSE FELLOWSHIP PROGRAM.
(a) In General.--Section 345 of title 10, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Irregular Warfare Center and Regional Defense Fellowship
Program'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Program
Authorized'' and inserting ``Authorities'';
(B) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of Defense may--
``(A) operate and administer a Center for Strategic Studies
in Irregular Warfare, to be known as the `Irregular Warfare
Center', in accordance with the requirements described in
subsection (c); and
``(B) carry out a program, to be known as the `Regional
Defense Fellowship Program', to provide for the education and
training of foreign personnel described in paragraph (2) at
military or civilian educational institutions, the Irregular
Warfare Center, regional centers, conferences, seminars, or
other training programs conducted for purposes of regional
defense in connection with irregular warfare or combating
terrorism.'';
(C) by striking paragraphs (2) and (3); and
(D) by inserting after paragraph (1) (as amended) the
following:
``(2) Covered costs.--The Secretary may pay the following costs
associated with exercising the authorities under this section:
``(A) Costs of travel, subsistence, and similar personnel
expenses of, and special compensation for--
``(i) defense personnel of friendly foreign governments
to attend activities of the Irregular Warfare Center or
attend the Regional Defense Fellowship Program;
``(ii) with the concurrence of the Secretary of State,
other personnel of friendly foreign governments and non-
governmental personnel to attend activities of the
Irregular Warfare Center or attend the Regional Defense
Fellowship Program; and
``(iii) foreign personnel and United States Government
personnel necessary for the administration and execution of
the authorities under this section.
``(B) Costs associated with the administration and
operation of the Irregular Warfare Center, including costs
associated with--
``(i) research, communication, the exchange of ideas,
curriculum development and review, and training of military
and civilian participants of the United States and other
countries, as the Secretary considers necessary; and
``(ii) maintaining an international network of
irregular warfare policymakers and practitioners to achieve
the objectives of the Department of Defense and the
Department of State.
``(C) Costs associated with strategic engagement with
alumni of the Regional Defense Fellowship Program to address
Department of Defense objectives and planning on irregular
warfare and combating terrorism topics.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``Regulations''
and inserting ``Regulations for Regional Defense Fellowship
Program''; and
(B) in paragraph (1), by striking ``The program authorized
by subsection (a)'' and inserting ``The authorities granted to
the Secretary of Defense under subsection (a)(1)(B)'';
(4) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively;
(5) by inserting after subsection (b) the following:
``(c) Irregular Warfare Center.--
``(1) Mission.--The mission of the Irregular Warfare Center
shall be to serve as a central mechanism for developing the
irregular warfare knowledge of the Department of Defense and
advancing the understanding of irregular warfare concepts and
doctrine, in collaboration with key partners and allies, by--
``(A) coordinating and aligning Department education
curricula, standards, and objectives related to irregular
warfare;
``(B) facilitating research on irregular warfare, strategic
competition, and the role of the Department in supporting
interagency activities relating to irregular warfare;
``(C) engaging and coordinating with Federal departments
and agencies and with academia, nongovernmental organizations,
civil society, and international partners to discuss and
coordinate efforts on security challenges in irregular warfare;
``(D) developing curriculum and conducting training and
education of military and civilian participants of the United
States and other countries, as determined by the Secretary of
Defense; and
``(E) serving as a coordinating body and central repository
for irregular warfare resources, including educational
activities and programs, and lessons learned across components
of the Department.
``(2) Employment and compensation of faculty.--With respect to
the Irregular Warfare Center--
``(A) the Secretary of Defense may, subject to the
availability of appropriations, employ a Director, a Deputy
Director, and such civilians as professors, instructors, and
lecturers, as the Secretary considers necessary; and
``(B) compensation of individuals employed under this
section shall be as prescribed by the Secretary.
``(3) Partnership with institution of higher education.--
``(A) In general.--In operating the Irregular Warfare
Center, to promote integration throughout the United States
Government and civil society across the full spectrum of
irregular warfare competition and conflict challenges, the
Secretary of Defense may partner with an institution of higher
education (as such term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
``(B) Types of partnerships.--The Secretary may establish a
partnership under subparagraph (A) by--
``(i) entering into an intergovernmental support
agreement pursuant to section 2679 of this title; or
``(ii) entering into a contract or cooperative
agreement or awarding a grant through the Defense Security
Cooperation University.
``(C) Determination required.--The Secretary of Defense
shall make a determination with respect to the desirability of
partnering with an institution of higher education in a
Government-owned, contractor-operated partnership, such as the
partnership structure used by the Department of Defense for
University Affiliated Research Centers, for meeting the mission
requirements of the Irregular Warfare Center.
``(4) Roles and responsibilities.--The Secretary of Defense
shall prescribe guidance for the roles and responsibilities of the
relevant components of the Department of Defense in the
administration, operation, and oversight of the Irregular Warfare
Center, which shall include the roles and responsibilities of the
following:
``(A) The Under Secretary of Defense for Policy and the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict in policy oversight and governance structure
of the Center.
``(B) The Director of the Defense Security Cooperation
Agency, as the Executive Agent in support of the operation of
the Center.
``(C) Any other official of the Department of Defense, as
determined by the Secretary.'';
(6) in subsection (d) (as redesignated), by striking
``subsection (a)'' each place it appears and inserting ``subsection
(a)(1)(B)'';
(7) in subsection (e) (as redesignated)--
(A) in paragraph (3), by striking ``subsection (a)'' and
inserting ``subsection (a)(1)(B)''; and
(B) by adding at the end the following:
``(6) A discussion of how the training from the previous year
incorporated lessons learned from ongoing conflicts.''; and
(8) by inserting after subsection (e) (as redesignated) the
following:
``(f) Annual Review of Irregular Warfare Center.--Not later than
December 1, 2024, and annually thereafter, the Secretary of Defense--
``(1) shall conduct a review of the structure and activities of
the Irregular Warfare Center to determine whether such structure
and activities are appropriately aligned with the strategic
priorities of the Department of Defense and the applicable
combatant commands; and
``(2) may, after an annual review under paragraph (1), revise
the relevant structure and activities so as to more appropriately
align such structure and activities with the strategic priorities
and combatant commands.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter V of chapter 16 of title 10, United States Code, is amended
by striking the item relating to section 345 and inserting the
following:
``345. Irregular Warfare Center and Regional Defense Fellowship
Program.''.
(c) Repeal of Treatment as Regional Center for Security Studies.--
Section 1299L(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
4012; 10 U.S.C. 342 note) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs (2)
and (3), respectively.
(d) Sense of Congress.--It is the sense of Congress that a Center
for Security Studies in Irregular Warfare established under section 345
of title 10, United States Code, as amended by subsection (a), should
be known as the ``John S. McCain III Center for Security Studies in
Irregular Warfare''.
(e) Plan for Irregular Warfare Center.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a plan for
establishing the structure, operations, and administration of the
Irregular Warfare Center described in section 345(a)(1) of title
10, United States Code, as amended by subsection (a)(2)(B).
(2) Elements.--The plan required by paragraph (1) shall
include--
(A) a timeline and milestones for the establishment of the
Irregular Warfare Center; and
(B) steps to enter into partnerships and resource
agreements with academic institutions of the Department of
Defense or other academic institutions, including any agreement
for hosting or operating the Irregular Warfare Center.
SEC. 1205. MODIFICATION TO AUTHORITY TO PROVIDE SUPPORT FOR CONDUCT OF
OPERATIONS.
Notwithstanding subsection (g)(1) of section 331 of title 10,
United States Code, the aggregate value of all logistic support,
supplies, and services provided under paragraphs (1), (4), and (5) of
subsection (c) of such section 331 in each of fiscal years 2023 and
2024 may not exceed $950,000,000.
SEC. 1206. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES
MILITARY OPERATIONS.
Section 1233 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 393) is amended--
(1) in subsection (a), by striking ``for the period beginning
on October 1, 2021, and ending on December 31, 2022'' and inserting
``for the period beginning on October 1, 2022, and ending on
December 31, 2023''; and
(2) in subsection (d)--
(A) by striking ``during the period beginning on October 1,
2021, and ending on December 31, 2022'' and inserting ``during
the period beginning on October 1, 2022, and ending on December
31, 2023''; and
(B) by striking ``$60,000,000'' and inserting
``$30,000,000''.
SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORITY TO SUPPORT BORDER
SECURITY OPERATIONS OF CERTAIN FOREIGN COUNTRIES.
(a) Modification.--Subsection (e) of section 1226 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1056; 22 U.S.C. 2151 note) is amended by striking paragraph (4).
(b) Extension.--Subsection (h) of such section is amended by
striking ``December 31, 2023'' and inserting ``December 31, 2025''.
SEC. 1208. SECURITY COOPERATION PROGRAMS WITH FOREIGN PARTNERS TO
ADVANCE WOMEN, PEACE, AND SECURITY.
(a) In General.--During fiscal years 2023 through 2025, the
Secretary of Defense, in coordination with the Secretary of State, may
conduct or support security cooperation programs and activities
involving the national military forces or national-level security
forces of a foreign country, or other covered personnel, to advise,
train, and educate such forces or personnel with respect to--
(1) the recruitment, employment, development, retention,
promotion, and meaningful participation in decisionmaking of women;
(2) sexual harassment, sexual assault, domestic abuse, and
other forms of violence that disproportionately impact women;
(3) the requirements of women, including providing appropriate
equipment and facilities; and
(4) the implementation of activities described in this
subsection, including the integration of such activities into
security-sector policy, planning, exercises, and training, as
appropriate.
(b) Annual Report.--Not later than 90 days after the end of each of
fiscal years 2023 through 2025, the Secretary of Defense shall submit
to the congressional defense committees a report detailing the
assistance provided under this section and specifying the recipients of
such assistance.
(c) Other Covered Personnel Defined.--In this section, the term
``other covered personnel'' means personnel of the ministry of defense
or other governmental entity carrying out similar functions of a
foreign country.
SEC. 1209. REVIEW OF IMPLEMENTATION OF PROHIBITION ON USE OF FUNDS FOR
ASSISTANCE TO UNITS OF FOREIGN SECURITY FORCES THAT HAVE COMMITTED A
GROSS VIOLATION OF HUMAN RIGHTS.
(a) Sense of Congress.--It is the sense of Congress that the
promotion of human rights is a critical element of Department of
Defense security cooperation programs and activities that advance
United States national security interests and values.
(b) Review.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the commanders of the geographic combatant commands, shall
initiate a review of the policies, guidance, and processes for
Department of Defense-wide implementation of section 362 of title
10, United States Code.
(2) Elements.--The review required by paragraph (1) shall
include an assessment of the following:
(A) The standards and procedures by which the Secretary,
before making a decision to provide assistance to a unit of a
foreign security force under section 362 of title 10, United
States Code, gives full consideration to credible information
that the unit has committed a gross violation of human rights,
including credible information available to the Department of
State relating to human rights violations by such unit.
(B) The roles and responsibilities of Department of Defense
components in implementing such section, including the Under
Secretary of Defense for Policy, the Deputy Assistant Secretary
of Defense for Global Partnerships, the geographic combatant
commands, and the Office of the General Counsel, and whether
such components are adequately funded, resourced, and manned to
carry out their respective roles and responsibilities.
(C) The standards and procedures by which the Secretary
implements the exception under subsection (b) of such section
based on a determination that all necessary corrective steps
have been taken.
(D) The standards and procedures by which the Secretary
exercises the waiver authority under subsection (c) of such
section based on a determination that a waiver is required by
extraordinary circumstances.
(E) The policies, standards, and processes for the
remediation of units of foreign security forces described in
such section and resumption of assistance consistent with such
section, and the effectiveness of such remediation process.
(F) The process by which the Secretary determines whether a
unit of a foreign security force designated to receive
training, equipment, or other assistance under such section is
new or fundamentally different from its predecessor for which
there was determined to be credible information that the unit
had committed a gross violation of human rights.
(c) Reports.--
(1) Findings of review.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the findings of the
review conducted under subsection (b) that includes any
recommendations or corrective actions necessary with respect to the
policies, guidance, and processes for Department of Defense-wide
implementation of section 362 of title 10, United States Code.
(2) Remediation process.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter
through fiscal year 2025, the Secretary shall submit to the
appropriate committees of Congress a report on the remediation
process under section 362 of title 10, United States Code, and
resumption of assistance consistent with such section.
(B) Elements.--Each report required by subparagraph (A)
shall include the following:
(i) An identification of the units of foreign security
forces that currently have been determined under section
362 of title 10, United States Code, to be ineligible to
receive Department of Defense training, equipment, or other
assistance.
(ii) With respect to each unit identified under clause
(i), the date on which such determination was made.
(iii) The number of requests submitted by geographic
combatant commands for review by a remediation review panel
with respect to resumption of assistance to a unit of a
foreign security force that has been denied assistance
under such section, disaggregated by geographic combatant
command.
(iv) For the preceding reporting period, the number
of--
(I) remediation review panels convened; and
(II) cases resolved.
(C) Appropriate committees of congress defined.--In this
paragraph, the term ``appropriate committees of Congress''
means--
(i) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of
the Senate; and
(ii) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1210. INDEPENDENT ASSESSMENT OF UNITED STATES EFFORTS TO TRAIN,
ADVISE, ASSIST, AND EQUIP THE MILITARY FORCES OF SOMALIA.
(a) In General.--The Secretary of Defense shall provide for an
independent assessment of Department of Defense efforts to train,
advise, assist, and equip the military forces of Somalia.
(b) Conduct of Assessment.--To conduct the assessment required by
subsection (a), the Secretary shall select--
(1) a federally funded research and development center; or
(2) an independent, nongovernmental institute described in
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code that has recognized
credentials and expertise in national security and military affairs
appropriate for the assessment.
(c) Elements.--The assessment required by subsection (a) shall
include an assessment of the following:
(1) The evolution of United States approaches to training,
advising, assisting, and equipping the military forces of Somalia.
(2) The extent to which--
(A) the Department has an established plan, with objectives
and milestones, for the effort to train, advise, assist, and
equip such forces;
(B) advisory efforts are meeting objectives, including
whether and the manner in which--
(i) advisors track the operational effectiveness of
such forces; and
(ii) any such data informs future training and advisory
efforts;
(C) the Department sufficiently engages, collaborates, and
deconflicts with--
(i) other Federal departments and agencies that conduct
assistance and advisory engagements with such forces; and
(ii) international and multilateral entities that
conduct assistance and advisory engagements with such
forces; and
(D) the Department has established and enforced a policy,
processes, and procedures for accountability relating to
equipment provided by the United States to such forces.
(3) Factors that have hindered, or may in the future hinder,
the development of professional, sustainable, and capable such
forces.
(4) With respect to the effort to train, advise, assist, and
equip such forces, the extent to which the December 2020 decision
to reduce and reposition outside Somalia the majority of the
members of the United States Armed Forces assigned to carry out the
effort has impacted the effectiveness of the effort.
(d) Report.--Not later than December 31, 2023, the entity selected
to conduct the assessment required by subsection (a) shall submit to
the Secretary and the congressional defense committees a report
containing the findings of the assessment.
(e) Funding.--Of the amounts authorized to be appropriated for
fiscal year 2023 and available for operation and maintenance for
Defense-wide activities, up to $1,000,000 shall be made available for
the assessment required by subsection (a).
SEC. 1211. SECURITY COOPERATION ACTIVITIES AT COUNTER-UAS UNIVERSITY.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall brief the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives on how the Department of Defense intends to bolster
security cooperation activities with allies and partners at the C-UAS
University, including an identification of any shortfalls in resourcing
or gaps in authorities that could inhibit these security cooperation
efforts.
SEC. 1212. DEFENSE OPERATIONAL RESILIENCE INTERNATIONAL COOPERATION
PILOT PROGRAM.
(a) Establishment.--The Secretary of Defense, in consultation with
the Secretary of State and in coordination with the commanders of the
geographic combatant commands, may establish a pilot program, to be
known as the ``Defense Operational Resilience International Cooperation
Pilot Program'' (in this section referred to as the ``pilot program'')
to support engagement with military forces of partner countries on
defense-related environmental and operational energy issues in support
of the theater campaign plans of the geographic combatant commands.
(b) Duration.--The Secretary of Defense may carry out the pilot
program during the period beginning on the date of the enactment of
this Act and ending on December 31, 2025.
(c) Limitations.--
(1) Purposes.--The pilot program shall be limited to the
following purposes:
(A) To build military-to-military relationships in support
of the efforts of the Department of Defense to engage in long-
term strategic competition.
(B) To sustain the mission capability and forward posture
of the Armed Forces of the United States.
(C) To enhance the capability, capacity, and resilience of
the military forces of partner countries.
(2) Prohibited assistance.--The Secretary may not use the pilot
program to provide assistance that is in violation of section 362
of title 10, United States Code, or otherwise prohibited by law.
(3) Security cooperation.--The Secretary shall plan and
prioritize assistance, training, and exercises with partner
countries pursuant to the pilot program in a manner that is
consistent with applicable guidance relating to security
cooperation program and activities of the Department of Defense.
(d) Funding.--Of amounts authorized to be appropriated by this Act
for each of fiscal years 2023 through 2025 and available for operation
and maintenance, the Secretary may make available $10,000,000 to
support the pilot program, which shall be allocated in accordance with
the priorities of the commanders of the geographic combatant commands.
(e) Annual Report.--
(1) In general.--With respect to each year the Secretary
carries out the pilot program, the Secretary shall submit to the
congressional defense committees a report on obligations and
expenditures made to carry out the pilot program during the fiscal
year that precedes the year during which each such report is
submitted.
(2) Deadline.--The Secretary shall submit each such report not
later than March 1 of each year during which the Secretary has
authority to carry out the pilot program.
(3) Elements.--Each such report shall include the following:
(A) An accounting of each obligation and expenditure made
to carry out the pilot program, disaggregated, where
applicable, by partner country and military force of a partner
country.
(B) An explanation of the manner in which each such
obligation or expenditure--
(i) supports the national defense of the United States;
and
(ii) is in accordance with limitations described in
subsection (c).
(C) Any other matter the Secretary determines to be
relevant.
(f) Temporary Cessation of Authorization.--No funds authorized to
be appropriated or otherwise made available for any of fiscal years
2023 through 2025 for the Department of Defense may be made available
for the ``Defense Environmental International Cooperation Program''.
During the period specified in subsection (b), all activities and
functions of the ``Defense Environmental International Cooperation
Program'' may only be carried out under the pilot program.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1221. EXTENSION OF AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS
INJURY AND LOSS.
Section 1213(a) of the National Defense Authorization Act for
Fiscal Year 2020 (10 U.S.C. 2731 note) is amended by striking
``December 31, 2023'' and inserting ``December 31, 2033''.
SEC. 1222. ADDITIONAL MATTERS FOR INCLUSION IN REPORTS ON OVERSIGHT IN
AFGHANISTAN.
Section 1069(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1912) is amended--
(1) by redesignating paragraphs (9) through (16) as paragraphs
(14) through (21), respectively;
(2) by inserting after paragraph (8) the following new
paragraphs:
``(9) An assessment of the status of--
``(A) defense intelligence assets dedicated to Afghanistan
and used by the Department of Defense, including the types and
amounts of intelligence, surveillance, and reconnaissance
coverage over Afghanistan during the period covered by the
report; and
``(B) the ability of the United States to detect emerging
threats emanating from Afghanistan against the United States,
its allies, and its partners.
``(10) An assessment of local or indigenous counterterrorism
partners of the Department of Defense.
``(11) An assessment of risks to the mission and risks to
United States military personnel involved in over-the-horizon
counterterrorism operations.
``(12) An update on Department of Defense efforts to secure new
basing or access agreements with countries in Central Asia.
``(13) An update on the policy guidance for counterterrorism
operations of the Department of Defense in Afghanistan.''; and
(3) in paragraph (18), as so redesignated, by striking
``Afganistan'' and inserting ``Afghanistan''.
SEC. 1223. PROHIBITION ON TRANSPORTING CURRENCY TO THE TALIBAN AND THE
ISLAMIC EMIRATE OF AFGHANISTAN.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available for the operation of any aircraft of the Department of
Defense to transport currency or other items of value to the Taliban,
the Islamic Emirate of Afghanistan, or any subsidiary, agent, or
instrumentality of either the Taliban or the Islamic Emirate of
Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1231. MODIFICATION OF ANNUAL REPORT ON THE MILITARY CAPABILITIES
OF IRAN AND RELATED ACTIVITIES.
Section 1245(b)(3) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84) is amended--
(1) in subparagraph (B), by striking ``and regional militant
groups'' and all that follows and inserting ``, regional militant
groups, and Iranian-linked proxy groups, in particular those forces
as having been assessed as to be willing to carry out terrorist
operations on behalf of Iran or in response to a military attack by
another country on Iran;'';
(2) by redesignating subparagraphs (C) through (G) as
subparagraphs (E) through (I), respectively;
(3) by inserting after subparagraph (B) the following:
``(C) the types and amount of support to be assessed under
subparagraph (B) shall include support provided to Lebanese
Hezbollah, Hamas, Palestinian Islamic Jihad, the Popular Front
for the Liberation of Palestine, Asa'ib ahl al-Haq, Harakat
Hezbollah al-Nujaba, Kata'ib Sayyid al-Shuhada, Kata'ib al-Imam
Ali, Kata'ib Hezbollah, the Badr Organization, the Fatemiyoun,
the Zainabiyoun, and Ansar Allah (also known as the `Houthis');
``(D) the threat from Special Groups in Iraq, including
Kata'ib Hezbollah and Asa'ib Ahl al-Haq, to United States and
coalition forces located in Iraq and Syria;''; and
(4) in subparagraph (I), as redesignated, by striking the
period at the end and inserting ``; and''; and
(5) by adding at the end the following:
``(J) all formal or informal agreements involving a
strategic military or security partnership with the Russian
Federation, the People's Republic of China, or any proxies of
either such country.''.
SEC. 1232. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES
OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.
(a) Source of Funds.--Subsection (d) of section 1215 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
114-92; 129 Stat. 1045; 10 U.S.C. 113 note) is amended by striking
``fiscal year 2022'' and inserting ``fiscal year 2023''.
(b) Limitation on Availability of Funds.--Of the amounts authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2023 for the Office of the Secretary of the Air Force for travel
expenses, not more than 90 percent may be obligated or expended until
the date on which a staffing plan for the Office of Security
Cooperation in Iraq is implemented.
(c) Waiver.--The Secretary of Defense may waive the restriction on
the obligation or expenditure of funds imposed by subsection (b) if the
Secretary of Defense determines that implementation of such a staffing
plan is not feasible and submits to the congressional defense
committees, at the time the waiver is invoked, a notification of the
waiver that includes a justification detailing the reasons for which
such a plan cannot be implemented.
SEC. 1233. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO VETTED
SYRIAN GROUPS AND INDIVIDUALS.
(a) Extension.--Subsection (a) of section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541) is amended, in
the matter preceding paragraph (1), by striking ``December 31, 2022''
and inserting ``December 31, 2023''.
(b) Limitation on Cost of Construction and Repair Projects.--
Subsection (l)(3)(D) of such section is amended by striking ``December
31, 2022'' and inserting ``December 31, 2023''.
SEC. 1234. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3558) is amended, in
the matter preceding paragraph (1), by striking ``December 31, 2022''
and inserting ``December 31, 2023''.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``fiscal year 2022'' and inserting ``fiscal
year 2023''; and
(2) by striking ``$345,000,000'' and inserting
``$358,000,000''.
(c) Limitation on Cost of Construction and Repair Projects.--
Subsection (o)(5) of such section is amended by striking ``December 31,
2022'' and inserting ``December 31, 2023''.
SEC. 1235. PROHIBITION ON TRANSFERS TO IRAN.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available to transfer or facilitate a transfer of pallets of currency,
currency, or other items of value to the Government of Iran, any
subsidiary of such Government, or any agent or instrumentality of Iran.
SEC. 1236. REPORT ON ISLAMIC REVOLUTIONARY GUARD CORPS-AFFILIATED
OPERATIVES ABROAD.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the appropriate congressional
committees a report that includes a detailed description of--
(1) all Islamic Revolutionary Guard Corps-affiliated operatives
serving in diplomatic and consular posts abroad; and
(2) the ways in which the Department of State and the
Department of Defense are working with partner countries to inform
them of the threat posed by Islamic Revolutionary Guard Corps-
affiliated officials serving in diplomatic and consular roles in
third party countries.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form but may contain a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1237. ASSESSMENT OF SUPPORT TO IRAQI SECURITY FORCES AND KURDISH
PESHMERGA FORCES TO COUNTER AIR AND MISSILE THREATS.
(a) In General.--Not later than April 1, 2023, the Secretary of
Defense shall submit to the congressional defense committees a report
on support to Iraqi Security Forces and Kurdish Peshmerga Forces to
counter air and missile threats.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) An assessment of the threat from missiles, rockets, and
unmanned aerial systems (UAS) to United States and coalition armed
forces located in Iraq, including the Iraqi Kurdistan Region.
(2) An assessment of the current state of air defense
capabilities of United States and coalition armed forces located in
Iraq, including the Iraqi Kurdistan Region.
(3) Identification of perceived gaps in air defense
capabilities of United States and coalition armed forces and the
implications for the security of such forces in Iraq, including the
Iraqi Kurdistan Region.
(4) Recommendations for training or equipment needed to
overcome the assessed air defense deficiencies of United States and
coalition armed forces in Iraq, including the Iraqi Kurdistan
Region.
(5) An assessment of the current state of the air defense
capabilities of partner armed forces in Iraq, including the Iraqi
Security Forces and Kurdish Peshmerga Forces.
(6) An assessment of the perceived gaps in air defense
capabilities of partner armed forces in Iraq, including the Iraqi
Security Forces and Kurdish Peshmerga Forces.
(7) An assessment of recommended training and equipment and
available level of equipment to maximize air defense capabilities
of partner armed forces in Iraq, including the Iraqi Security
Forces and Kurdish Peshmerga Forces.
(8) Such other matters as the Secretary considers appropriate.
SEC. 1238. INTERAGENCY STRATEGY TO DISRUPT AND DISMANTLE NARCOTICS
PRODUCTION AND TRAFFICKING AND AFFILIATED NETWORKS LINKED TO THE REGIME
OF BASHAR AL-ASSAD IN SYRIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Captagon trade linked to the regime of Bashar al-Assad
in Syria is a transnational security threat; and
(2) the United States should develop and implement an
interagency strategy to deny, degrade, and dismantle Assad-linked
narcotics production and trafficking networks.
(b) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Foreign Relations of the Senate;
(5) the Committee on Banking, Housing, and Urban Affairs of the
Senate;
(6) the Select Committee on Intelligence of the Senate;
(7) the Committee on Armed Services of the House of
Representatives;
(8) the Committee on Appropriations of the House of
Representatives;
(9) the Committee on the Judiciary of the House of
Representatives;
(10) the Committee on Foreign Affairs of the House of
Representatives;
(11) the Committee on Financial Services of the House of
Representatives; and
(12) the Permanent Select Committee on Intelligence of the
House of Representatives.
(c) Strategy Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with
the Secretary of Defense, the Secretary of the Treasury, the
Administrator of the Drug Enforcement Administration, the Director
of National Intelligence, the Director of the Office of National
Drug Control Policy, and the heads of other appropriate Federal
agencies, shall provide a written strategy (with a classified
annex, if necessary), to the appropriate congressional committees
for disrupting and dismantling narcotics production and trafficking
and affiliated networks linked to the regime of Bashar al-Assad in
Syria.
(2) Contents.--The strategy required under paragraph (1) shall
include--
(A) a detailed plan for--
(i) targeting, disrupting and degrading networks that
directly and indirectly support the narcotics
infrastructure of the Assad regime, particularly through
diplomatic and intelligence support to law enforcement
investigations; and
(ii) building counter-narcotics capacity to partner
countries through assistance and training to law
enforcement services in countries (other than Syria) that
are receiving or transiting large quantities of Captagon;
(B)(i) the identification of the countries that are
receiving or transiting large shipments of Captagon;
(ii) an assessment of the counter-narcotics capacity of
such countries to interdict or disrupt the smuggling of
Captagon; and
(iii) an assessment of current United States assistance and
training programs to build such capacity in such countries;
(C) the use of sanctions, including sanctions authorized
under section the Caesar Syria Civilian Protection Act of 2019
(22 U.S.C. 8791 note; title LXXIV of division F of Public Law
116-92), and associated actions to target individuals and
entities directly or indirectly associated with the narcotics
infrastructure of the Assad regime;
(D) the use of global diplomatic engagements associated
with the economic pressure campaign against the Assad regime to
target its narcotics infrastructure;
(E) leveraging multilateral institutions and cooperation
with international partners to disrupt the narcotics
infrastructure of the Assad regime; and
(F) mobilizing a public communications campaign to increase
awareness of the extent of the connection of the Assad regime
to the illicit narcotics trade.
SEC. 1239. PROHIBITION ON TRANSFERS TO BADR ORGANIZATION.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available, directly or indirectly, to the Badr Organization.
SEC. 1240. REPORT ON UNITED NATIONS ARMS EMBARGO ON IRAN.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, in consultation with the Secretary of
Defense, shall submit to the Committees on Armed Services of the Senate
and the House of Representatives, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives an unclassified report, which may include a classified
annex, that includes--
(1) a detailed assessment of whether and how Iranian arms
proliferation, particularly drone proliferation, has increased
following the expiration of the United Nations arms embargo on Iran
in October 2020; and
(2) a description of the measures that the Departments of State
and Defense are taking to constrain Iran's ability to supply, sell,
or transfer, directly or indirectly, arms or related materiel,
including spare parts, to include Iranian proliferation of drones.
Subtitle D--Matters Relating to Russia
SEC. 1241. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
(a) Authority to Provide Assistance.--Subsection (a) of section
1250 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1608) is amended to read as follows:
``(a) Authority to Provide Assistance.--
``(1) In general.--Amounts available for a fiscal year under
subsection (f) shall be available to the Secretary of Defense, with
the concurrence of the Secretary of State, to provide, for the
purposes described in paragraph (2), appropriate security
assistance and intelligence support, including training, equipment,
and logistics support, supplies and services, salaries and
stipends, and sustainment, to--
``(A) the military and national security forces of Ukraine;
and
``(B) other forces or groups recognized by, and under the
authority of, the Government of Ukraine, including governmental
entities within Ukraine that are engaged in resisting Russian
aggression.
``(2) Purposes described.--The purposes described in this
paragraph are as follows:
``(A) To enhance the capabilities of the military and other
security forces of the Government of Ukraine to defend against
further aggression.
``(B) To assist Ukraine in developing the combat capability
to defend its sovereignty and territorial integrity.
``(C) To support the Government of Ukraine in defending
itself against actions by Russia and Russian-backed
separatists.''.
(b) Appropriate Security Assistance and Intelligence Support.--
Subsection (b) of such section is amended in paragraph (4) to read as
follows:
``(4) Manned and unmanned aerial capabilities, including
tactical surveillance systems and fixed and rotary-wing aircraft,
such as attack, strike, airlift, and surveillance aircraft.''.
(c) Availability of Funds.--Subsection (c) of such section is
amended--
(1) in paragraph (1), by striking ``funds available for fiscal
year 2022 pursuant to subsection (f)(7)'' and inserting ``funds
available for fiscal year 2023 pursuant to subsection (f)(8)'';
(2) in paragraph (3), by striking ``fiscal year 2022'' and
inserting ``fiscal year 2023'';
(3) by striking paragraph (5); and
(4) by adding at the end the following:
``(6) Waiver of certification requirement.--The Secretary of
Defense, with the concurrence of the Secretary of the State, may
waive the certification requirement in paragraph (2) if the
Secretary submits to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives a written
certification, not later than 5 days after exercising the waiver,
that doing so is in the national interest of the United States due
to exigent circumstances caused by the Russian invasion of
Ukraine.''.
(d) United States Inventory and Other Sources.--Subsection (d) of
such section is amended--
(1) in paragraph (1), by inserting ``, and to recover or
dispose of such weapons or other defense articles, or to make
available such weapons or articles to ally and partner governments
to replenish comparable stocks which ally or partner governments
have provided to the Government of Ukraine,'' after ``and defense
services''; and
(2) by adding at the end the following:
``(3) Congressional notification.--Not later than 10 days
before providing replenishment to an ally or partner government
pursuant to paragraph (1), the Secretary of Defense shall transmit
to the congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs of
the House of Representatives a notification containing the
following:
``(A) An identification of the recipient foreign country.
``(B) A detailed description of the articles to be
provided, including the dollar value, origin, and capabilities
associated with the articles.
``(C) A detailed description of the articles provided to
Ukraine to be replenished, including the dollar value, origin,
and capabilities associated with the articles.
``(D) The impact on United States stocks and readiness of
transferring the articles.
``(E) An assessment of any security, intellectual property,
or end use monitoring issues associated with transferring the
articles.''.
(e) Funding.--Subsection (f) of such section is amended by adding
at the end the following:
``(8) For fiscal year 2023, $800,000,000.''.
(f) Termination of Authority.--Subsection (h) of such section is
amended by striking ``December 31, 2023'' and inserting ``December 31,
2024''.
(g) Waiver of Certification Requirement.--Such section is amended--
(1) by redesignating the second subsection (g) as subsection
(i); and
(2) by adding at the end the following:
``(j) Expedited Notification Requirement.--Not later than 15 days
before providing assistance or support under subsection (a), or as far
in advance as is practicable if the Secretary of Defense determines, on
a case-by-case basis, that extraordinary circumstances exist that
impact the national security of the United States, the Secretary shall
transmit to the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a notification containing a detailed
description of the assistance or support to be provided, including--
``(1) the objectives of such assistance or support;
``(2) the budget for such assistance or support; and
``(3) the expected or estimated timeline for delivery of such
assistance or support.''.
SEC. 1242. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE
UNITED STATES AND RUSSIA.
Section 1232(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is amended by
striking ``2021, or 2022'' and inserting ``2021, 2022, 2023, 2024,
2025, 2026, or 2027''.
SEC. 1243. MODIFICATION TO ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE RUSSIAN FEDERATION.
Section 1234 of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 134 Stat. 3936) is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (24) as paragraph (26); and
(B) by inserting after paragraph (23) the following:
``(24) The impacts of United States sanctions on improvements
to the Russian military and its proxies, including an assessment of
the impacts of the maintenance or revocation of such sanctions.
``(25) A detailed description of--
``(A) how Russian private military companies are being
utilized to advance the political, economic, and military
interests of the Russian Federation;
``(B) the direct or indirect threats Russian private
military companies present to United States security interests;
and
``(C) how sanctions that are currently in place to impede
or deter Russian private military companies from continuing
their malign activities have impacted the Russian private
military companies' behavior.''; and
(2) in subsection (e)--
(A) in paragraph (1), by inserting ``, the Permanent Select
Committee on Intelligence,'' after ``the Committee on Armed
Services''; and
(B) in paragraph (2), by inserting ``, the Select Committee
on Intelligence,'' after ``the Committee on Armed Services''.
SEC. 1244. TEMPORARY AUTHORIZATIONS RELATED TO UKRAINE AND OTHER
MATTERS.
(a) Temporary Authorizations for Covered Agreements Related to
Ukraine.--
(1) Covered agreement defined.--In this subsection, the term
``covered agreement'' includes a contract, subcontract,
transaction, or modification of a contract, subcontract, or
transaction awarded by the Department of Defense--
(A) to build the stocks of critical munitions and other
defense articles of the Department;
(B) to provide materiel and related services to foreign
allies and partners that have provided support to the
Government of Ukraine; and
(C) to provide materiel and related services to the
Government of Ukraine.
(2) Public interest.--
(A) In general.--A covered agreement may be presumed to be
in the public interest for purposes of meeting the requirements
of subsection (a)(7) of section 3204 of title 10, United States
Code.
(B) Procedures.--Notwithstanding the provisions of
subsection (a)(7) of section 3204 of title 10, United States
Code, with respect to a covered agreement--
(i) the head of an agency may delegate the authority
under that subsection to an officer or employee who--
(I) in the case of an officer or employee who is a
member of the Armed Forces, is serving in a grade at or
above brigadier general or rear admiral (lower half);
or
(II) in the case of a civilian officer or employee,
is serving in a position with a grade under the General
Schedule (or any other schedule for civilian officers
or employees) that is comparable to or higher than the
grade of brigadier general or rear admiral (lower
half); and
(ii) not later than 7 days before using the applicable
procedures under section 3204 of title 10, United States
Code, the head of an agency, or a designee of the head of
an agency, shall submit to the congressional defense
committees a written notification of the use of such
procedures.
(C) Documentation.--Consistent with paragraph (4)(C) of
subsection (e) of section 3204 of title 10, United States Code,
the documentation otherwise required by paragraph (1) of such
subsection is not required in the case of a covered agreement.
(3) Procurement authorities.--The special emergency procurement
authorities provided under subsections (b) and (c) of section 1903
of title 41, United States Code, may be used by the Department of
Defense for a covered agreement.
(4) Undefinitized contractual actions.--The head of an agency
may waive the provisions of subsections (a) and (c) of section 3372
of title 10, United States Code, for a covered agreement.
(5) Technical data packages for large-caliber cannon.--The
requirements of section 7542 of title 10, United States Code, do
not apply to the transfer of technical data to an international
partner for the production of large-caliber cannons produced for--
(A) the replacement of defense articles from stocks of the
Department of Defense provided to the Government of Ukraine or
to foreign countries that have provided support to Ukraine at
the request of the United States, or
(B) contracts awarded by the Department of Defense to
provide materiel directly to the Government of Ukraine.
(6) Temporary exemption from certified cost and pricing data
requirements.--
(A) In general.--At the Federal Government's discretion,
the requirements under section 3702 of title 10, United States
Code, shall not apply to a covered agreement awarded on a
fixed-price incentive firm target basis, where target price
equals ceiling price, and the Government underrun share ratio
is a minimum of 60 percent with a cap for the negotiated profit
dollars of 15 percent of target cost.
(B) Use of exemption.--The following shall apply to an
exemption under subparagraph (A):
(i) Awarded profit dollars shall be fixed, but the
contractor may ultimately realize a profit rate of higher
than 15 percent by underrunning target costs.
(ii) The target prices negotiated by the Federal
Government shall not exceed the most recent negotiated
prices for the same items while allowing for appropriate
adjustments, including those for quantity differences or
relevant, applicable economic indices.
(C) Application.--An exemption under subparagraph (A) shall
apply to subcontracts under prime contracts that are exempt
under this paragraph.
(7) Termination of temporary authorizations.--The provisions of
this subsection shall terminate on September 30, 2024.
(b) Modification of Cooperative Logistic Support Agreements: NATO
Countries.--Section 2350d of title 10, United States Code, is amended--
(1) in the section heading, by striking ``logistic support''
and inserting ``acquisition and logistics support'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``logistics support'' and inserting ``acquisition
and logistics support''; and
(ii) in subparagraph (B), by striking ``logistic
support'' and inserting ``acquisition and logistics
support''; and
(B) in paragraph (2)(B), by striking ``logistics support''
and inserting ``armaments and logistics support''; and
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Partnership Agreement'' and inserting ``Partnership Agreement
or Arrangement'';
(B) in paragraph (1)--
(i) by striking ``supply and acquisition of logistics
support in Europe for requirements'' and inserting
``supply, services, support, and acquisition, including
armaments for requirements''; and
(ii) by striking ``supply and acquisition are
appropriate'' and inserting ``supply, services, support,
and acquisition are appropriate''; and
(C) in paragraph (2), by striking ``logistics support''
each place it appears and inserting ``acquisition and logistics
support''.
(c) Multiyear Procurement Authority for Certain Munitions.--
(1) Authority for multiyear procurement.--Subject to the
provisions of section 3501 of title 10, United States Code, set
forth in paragraph (3), the head of an agency may enter into one or
more multiyear contracts, beginning in fiscal year 2023, for the
procurement of up to--
(A) 864,000 XM1128, XM1113, M107, and M795 (155mm rounds);
(B) 12,000 AGM-179 Joint Air-to-Ground Missiles (JAGM);
(C) 700 M142 High Mobility Artillery Rocket Systems
(HIMARS);
(D) 1,700 MGM-140 Army Tactical Missile Systems (ATACMS);
(E) 2,600 Harpoons;
(F) 1,250 Naval Strike Missiles;
(G) 106,000 Guided Multiple Launch Rocket Systems (GMLRS);
(H) 3,850 PATRIOT Advanced Capability-3 (PAC-3) Missile
Segment Enhancement (MSE);
(I) 5,600 FIM-92 Stinger;
(J) 28,300 FGM-148 Javelin;
(K) 5,100 AIM-120 Advanced Medium-Range Air-to-Air Missile
(AMRAAM);
(L) 2,250,000 Modular Artillery Charge System (MACS);
(M) 12,050 155m Excalibur M982A1;
(N) 950 Long Range Anti-Ship Missiles (LRASM);
(O) 3,100 Joint Air-to-Surface Standoff Missiles (JASSM);
(P) 1,500 Standard Missle-6 Missiles (SM-6); and
(Q) 5,100 Sidewinder Missiles (AIM-9X).
(2) Procurement in conjunction with existing contracts.--The
systems authorized to be procured under paragraph (1) may be
procured as additions to existing contracts covering such programs.
(3) Limited applicability of other law.--In applying section
3501 of title 10, United States Code, to paragraph (1), only the
following provisions of that section shall apply:
(A) Subsection (f).
(B) Subsection (g), in which the term ``contract described
in subsection (a)'' shall mean a contract awarded pursuant to
the authority of this subsection.
(C) Subsection (i)(1).
(D) Subsection (l)(3).
(4) Authority for advance procurement.--To the extent and in
such amounts as specifically provided in advance in appropriations
Acts for the purposes described in paragraph (1), the head of an
agency may enter into one or more contracts for advance procurement
associated with a program for which authorization to enter into a
contract is provided under paragraph (1) and for systems and
subsystems associated with such program in economic order
quantities when cost savings are achievable.
(5) Condition for out-year contract payments.--A contract
entered into under paragraph (1) shall provide that any obligation
of the United States to make a payment under the contract for a
fiscal year after fiscal year 2023 is subject to the availability
of appropriations for that purpose for such later fiscal year.
(d) Definition.--In this section, the term ``head of an agency''
means--
(1) the Secretary of Defense;
(2) the Secretary of the Army;
(3) the Secretary of the Navy; or
(4) the Secretary of the Air Force.
SEC. 1245. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF THE RUSSIAN FEDERATION OVER INTERNATIONALLY RECOGNIZED TERRITORY OF
UKRAINE.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023 for the
Department of Defense may be obligated or expended to implement any
activity that recognizes the sovereignty of the Russian Federation over
territory internationally recognized to be the sovereign territory of
Ukraine, including Crimea and the territory Russia claims to have
annexed in Kherson Oblast, Zaporizhzia Oblast, Donetsk Oblast, and
Luhansk Oblast.
(b) Waiver.--The Secretary of Defense, with the concurrence of the
Secretary of State, may waive the prohibition under subsection (a) if
the Secretary of Defense--
(1) determines that the waiver is in the national security
interest of the United States; and
(2) on the date on which the waiver is invoked, submits a
notification of the waiver and a justification of the reason for
seeking the waiver to--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1246. REPORT ON DEPARTMENT OF DEFENSE PLAN FOR THE PROVISION OF
SHORT AND MEDIUM-TERM SECURITY ASSISTANCE TO UKRAINE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the heads of other relevant Federal agencies, shall submit to the
congressional defense committees a report outlining in detail the plan
of the Department of Defense for the provision of security assistance
to the armed forces of Ukraine.
(b) Matters to Be Included.--The report required by subsection (a)
shall include--
(1) primary focus areas for the provision of security
assistance to the armed forces of Ukraine by the Department of
Defense, including priority capabilities, the funding streams used,
and a plan to fulfill training, maintenance, and sustainment
requirements associated with such assistance--
(A) over the next 3 to 6 months; and
(B) over the next 12 to 24 months; and
(2) any other matters the Secretary determines appropriate.
SEC. 1247. OVERSIGHT OF UNITED STATES ASSISTANCE TO UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) continued assistance to Ukraine as it fights against the
unjust and unprovoked attack by Russia is of critical importance to
United States national security interests, and oversight and
transparency for such assistance is essential to ensure effective
and sustained support;
(2) the executive branch has established the interagency
Ukraine Oversight Working Group, which focuses on conducting
comprehensive oversight, and issued the interagency U.S. Plan to
Counter Illicit Diversion of Certain Advanced Conventional Weapons
in Eastern Europe, a whole-of-government effort to advance
accountability and end-use monitoring of weapons provided in
response to the Ukraine crisis, and continued attention and regular
briefings to relevant congressional oversight committees on such
efforts is imperative;
(3) each United States department and agency providing or
facilitating assistance to Ukraine should continue to implement and
institutionalize appropriate transparency, accountability, and end-
use monitoring measures, including exploring creative approaches to
overcoming the challenges associated with delivering assistance
during an active armed conflict, as is detailed in the interagency
Plan to Counter Illicit Diversion;
(4) Inspectors General must continue to carry out comprehensive
oversight and conduct reviews, audits, investigations, and
inspections of United States support and activities carried out in
response to Russia's further invasion of Ukraine, and provide
regular briefings to the appropriate congressional committees on
their findings;
(5) the United States and its allies and partners should
continue to support Ukrainian anti-corruption institutions and e-
platforms, including the National Agency for Corruption Prevention,
the National Anti-Corruption Bureau of Ukraine, and the Specialized
Anti-Corruption Prosecutor's Office, in their work to ensure
effective assistance delivery and prevent incidents of waste,
fraud, and abuse; and
(6) Ukrainian authorities should also continue to establish new
transparency, accountability, and end-use monitoring initiatives
both independently and in partnership with relevant United States
departments and agencies and other international partners, and the
United States should continue to work with counterparts in Ukraine
and other countries supporting their efforts to further mutual
efforts to strengthen and institutionalize accountability measures
and mechanisms.
(b) Report.--
(1) In general.--Not later than April 1, 2023, the Inspector
General of the Department of Defense, in conjunction with the
Inspector General of the Department of State and the Inspector
General of the United States Agency for International Development
and in consultation with other Inspectors General as appropriate,
shall submit to the appropriate congressional committees a report
on the oversight framework established with respect to United
States assistance to Ukraine.
(2) Matters to be included.--The report required by this
subsection shall include the following:
(A) The framework the relevant Inspectors General are
currently using or plan to adopt to oversee assistance to
Ukraine in the immediate and longer term, including an
identification of the United States departments and agencies
providing or facilitating such assistance.
(B) Whether there are any gaps in oversight over the
activities and funds for assistance to Ukraine.
(C) An assessment of any failures by United States,
bilateral, or multilateral organizations to work with such
Inspectors General in a timely and transparent manner.
(D) A description of the footprint in Europe of such
Inspectors General for purposes of oversight of assistance to
Ukraine, including presence and access in Ukraine.
(E) To the extent practicable and appropriate, a
description of any known incidents of the misuse of assistance
to Ukraine, including incidents of waste, fraud, abuse,
diversion, or corruption.
(F) Any lessons learned from the manner in which oversight
over assistance to Ukraine has been conducted.
(G) Any findings or recommendations with respect to
assistance to Ukraine.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1251. MODIFICATION TO ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
Section 1202(b) of the National Defense Authorization Act for
Fiscal Year 2000 (10 U.S.C. 113 note) is amended as follows:
(1) In paragraph (5)--
(A) in subparagraph (A), by inserting ``special
operations,'' after ``theater-level commands,''; and
(B) in subparagraph (B), by striking ``A summary'' and
inserting ``a summary''.
(2) In paragraph (7)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) the Middle East.''.
(3) In paragraph (8), by adding at the end the following:
``(F) Special operations capabilities.''.
SEC. 1252. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE TO
AUTHORIZE USE OF FUNDS FOR THE COAST GUARD.
Section 1263 of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 333 note) is amended by striking subsection (f)
and inserting the following new subsection (f):
``(f) Availability of Funds for Coast Guard Personnel and
Capabilities.--The Secretary of Defense may use funds made available
under this section to facilitate the participation of Coast Guard
personnel in, and the use of Coast Guard capabilities for, training,
exercises, and other activities with foreign countries under this
section.''.
SEC. 1253. MODIFICATION OF PROHIBITION ON PARTICIPATION OF THE PEOPLE'S
REPUBLIC OF CHINA IN RIM OF THE PACIFIC (RIMPAC) NAVAL EXERCISES TO
INCLUDE CESSATION OF GENOCIDE BY CHINA.
Section 1259(a)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 321 note) is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) ceased committing genocide in China, as articulated
in the Department of State's Country Report on Human Rights
Practices released on April 12, 2022, and engaged in a credible
justice and accountability process for all victims of such
genocide.''.
SEC. 1254. EXTENSION AND MODIFICATION OF PACIFIC DETERRENCE INITIATIVE.
(a) Extension.--Subsection (c) of section 1251 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (10 U.S.C. 113 note) is amended--
(1) by striking ``the National Defense Authorization Act for
Fiscal Year 2022'' and inserting ``the National Defense
Authorization Act for Fiscal Year 2023''; and
(2) by striking ``fiscal year 2022'' and inserting ``fiscal
year 2023''.
(b) Report on Resourcing United States Defense Requirements for the
Indo-Pacific Region and Study on Competitive Strategies.--Subsection
(d)(1) of such section is amended--
(1) in subparagraph (A), by striking ``fiscal years 2023 and
2024'' and inserting ``fiscal years 2024 and 2025''; and
(2) in subparagraph (B)--
(A) in clause (v), by striking ``security cooperation
activities or resources'' and inserting ``security cooperation
authorities, activities, or resources'';
(B) in clause (vi)(I)(aa)--
(i) in subitem (AA), by striking ``to modernize and
strengthen the'' and inserting ``to improve the posture
and''; and
(ii) in subitem (FF)--
(I) by striking ``to improve'' and inserting ``to
modernize and improve''; and
(II) by striking the semicolon at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vii) A budget display, prepared with the assistance
of the Under Secretary of Defense (Comptroller), that
compares the independent assessment of the Commander of the
United States Indo-Pacific Command with the amounts
contained in the budget display for the applicable fiscal
year under subsection (f).''.
SEC. 1255. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN
CLEANUP.
Section 1253(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3955) is amended by striking ``fiscal year 2022'' and inserting
``fiscal year 2023''.
SEC. 1256. ENHANCED INDICATIONS AND WARNING FOR DETERRENCE AND
DISSUASION.
(a) Establishment of Program for Enhanced Indications and
Warning.--
(1) Authority.--The Director of the Defense Intelligence Agency
may establish a program to increase warning time of potential
aggression by adversary nation states, focusing especially on the
United States Indo-Pacific Command and United States European
Command areas of operations.
(2) Designation.--If the Director establishes the program under
paragraph (1), the program shall be known as the ``Program for
Enhanced Indications and Warning'' (in this section referred to as
the ``Program'').
(3) Purpose.--The purpose of the Program that may be
established under paragraph (1) is to gain increased warning time
to provide time for the Department of Defense to mount deterrence
and dissuasion actions to persuade adversaries to refrain from
aggression, including through potential revelations or
demonstrations of capabilities and actions to create doubt in the
minds of adversary leaders regarding the prospects for military
success.
(b) Head of Program.--
(1) Appointment.--If the Director establishes the Program, the
Director shall appoint a defense intelligence officer to serve as
the mission manager for the Program.
(2) Designation.--The mission manager for the Program shall be
known as the ``Program Manager for Enhanced Indications and
Warning'' (in this section referred to as the ``Program Manager'').
(c) Sources of Information and Analysis.--If the Director
establishes the Program, the Program Manager shall ensure that the
Program makes use of all available sources of information, from public,
commercial, and classified sources across the intelligence community
and the Department of Defense, and advanced analytics, including
artificial intelligence, to establish a system capable of discerning
deviations from normal patterns of behavior and activity that may
indicate preparations for military actions.
(d) Integration With Other Programs.--
(1) Support.--If the Director establishes the Program, the
Program shall be supported, as appropriate, by the Chief Digital
and Artificial Intelligence Officer, the Maven project, by
capabilities sponsored by the Office of the Under Secretary of
Defense for Intelligence and Security, and programs already
underway within the Defense Intelligence Agency.
(2) Agreements.--If the Director establishes the Program, the
Director shall seek to engage in agreements to integrate
information and capabilities from other components of the
intelligence community to facilitate the purpose of the Program.
(e) Briefings.--If the Director establishes the Program, not later
than 180 days after the date of the enactment of this Act and not less
frequently than once each year thereafter through 2027, the Program
Manager shall provide the appropriate committees of Congress a briefing
on the status of the activities of the Program.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the congressional defense committees; and
(B) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003)).
(2) The term ``intelligence community'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
SEC. 1257. PROHIBITION ON USE OF FUNDS TO SUPPORT ENTERTAINMENT
PROJECTS WITH TIES TO THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--None of the funds authorized to be appropriated by
this Act may be used to knowingly provide active and direct support to
any film, television, or other entertainment project if the Secretary
of Defense has demonstrable evidence that the project has complied or
is likely to comply with a demand from the Government of the People's
Republic of China or the Chinese Communist Party, or an entity under
the direction of the People's Republic of China or the Chinese
Communist Party, to censor the content of the project in a material
manner to advance the national interest of the People's Republic of
China.
(b) Waiver.--The Secretary of Defense may waive the prohibition
under subsection (a) if the Secretary submits to the Committees on
Armed Services of the Senate and House of Representatives a written
certification that such a waiver is in the national interest of the
United States.
(c) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue a policy
that describes how the Department of Defense will review requests to
provide active or direct support to any film, television, or other
entertainment project. The policy shall include ways to assess Chinese
influence or potential influence over the content of a film,
television, or other entertainment project, actions the Department can
take to prevent Chinese censorship of a project, and criteria the
Department shall use when evaluating requests to support a project.
(d) Limitation.--Of the amounts authorized to be appropriated by
this Act for the official travel expenses of the Office of the
Secretary of Defense, not more than 95 percent may be obligated or
expended until the policy required by subsection (c) is released and
transmitted to the congressional defense committees.
SEC. 1258. REPORTING ON INSTITUTIONS OF HIGHER EDUCATION DOMICILED IN
THE PEOPLE'S REPUBLIC OF CHINA THAT PROVIDE SUPPORT TO THE PEOPLE'S
LIBERATION ARMY.
(a) Determination.--
(1) In general.--The Secretary of Defense, in consultation with
the Director of National Intelligence, shall identify each entity
that is an institution of higher education domiciled in the
People's Republic of China that provides material support to the
People's Liberation Army.
(2) Factors.--In making a determination under paragraph (1)
with respect to an entity, the Secretary shall consider the
following factors:
(A) Material support to the implementation of the military-
civil fusion strategy of China.
(B) Material relationship with the Chinese State
Administration for Science, Technology, and Industry for the
National Defense.
(D) Funding received from any organization subordinate to
the Central Military Commission of the Chinese Communist Party.
(E) Supporting or enabling relationship with any security,
defense, or police forces within the Government of China or the
Chinese Communist Party.
(F) Any other factor the Secretary determines is
appropriate.
(b) Report.--Not later than September 30, 2023, the Secretary shall
submit to the appropriate congressional committees a list of each
entity identified pursuant to subsection (a) in unclassified form, with
a classified annex, if necessary.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) The term ``People's Liberation Army'' means the land,
naval, and air military services, the People's Armed Police, the
Strategic Support Force, the Rocket Force, and any other related
security element within the Government of China or the Chinese
Communist Party that the Secretary determines is appropriate.
SEC. 1259. REVIEW OF PORT AND PORT-RELATED INFRASTRUCTURE PURCHASES AND
INVESTMENTS MADE BY THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
AND ENTITIES DIRECTED OR BACKED BY THE GOVERNMENT OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--The Secretary of State, in coordination with the
Director of National Intelligence, the Secretary of Defense, and the
head of any other agency the Secretary of State considers necessary,
shall conduct a review of port and port-related infrastructure
purchases and investments critical to the interests and national
security of the United States made by--
(1) the Government of the People's Republic of China;
(2) entities directed or backed by the Government of the
People's Republic of China; and
(3) entities with beneficial owners that include the Government
of the People's Republic of China or a private company controlled
by the Government of the People's Republic of China.
(b) Elements.--The review required by subsection (a) shall include
the following:
(1) A list of port and port-related infrastructure purchases
and investments described in that subsection, prioritized in order
of the purchases or investments that pose the greatest threat to
United States economic, defense, and foreign policy interests.
(2) An analysis of the effects the consolidation of such
investments, or the assertion of control by the Government of the
People's Republic of China over entities described in paragraph (2)
or (3) of that subsection, would have on Department of State and
Department of Defense contingency plans.
(3) A description of the integration into ports of technologies
developed and produced by the Government of the People's Republic
of China or entities described in paragraphs (2) or (3) of that
subsection, and the data and cyber security risks posed by such
integration.
(4) A description of past and planned efforts by the Secretary
of State and the Secretary of Defense, with the support of the
Director of National Intelligence, to address such purchases,
investments, and consolidation of investments or assertion of
control.
(c) Coordination With Other Federal Agencies.--In conducting the
review required by subsection (a), the Secretary of State may
coordinate with the head of any other Federal agency, as the Secretary
considers appropriate.
(d) Report.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate committees of Congress a report on the results of the
review under subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified annex.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Port.--The term ``port'' means--
(A) any port--
(i) on the navigable waters of the United States; or
(ii) that is considered by the Secretary of State to be
critical to United States interests; and
(B) any harbor, marine terminal, or other shoreside
facility used principally for the movement of goods on inland
waters that the Secretary of State considers critical to United
States interests.
(3) Port-related infrastructure.--The term ``port-related
infrastructure'' includes--
(A) crane equipment;
(B) logistics, information, and communications systems; and
(C) any other infrastructure the Secretary of State
considers appropriate.
SEC. 1260. ENHANCING MAJOR DEFENSE PARTNERSHIP WITH INDIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, shall direct appropriate personnel within the
Department of Defense to seek to engage appropriate counterparts within
the Ministry of Defence of India for the purpose of expanding
cooperation on emerging technologies, readiness, and logistics.
(b) Topics.--At a minimum, the personnel described in subsection
(a) shall seek to engage their counterparts in the Ministry of Defense
of India on the following topics:
(1) Intelligence collection capabilities.
(2) Unmanned aerial vehicles.
(3) Fourth and fifth generation aircraft.
(4) Depot-level maintenance.
(5) Joint research and development.
(6) Fifth generation wireless communication and Open Radio
Access Network technologies.
(7) Defensive cyber capabilities.
(8) Cold-weather capabilities.
(9) Critical and emerging technologies.
(10) Any other matters the Secretary considers relevant.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the appropriate committees of Congress that includes--
(1) an assessment of the feasibility and advisability of
expanding cooperation with the Ministry of Defence of India on the
topics described in subsection (b);
(2) a description of other opportunities to expand cooperation
with the Ministry of Defence of India on topics other than the
topics described in such subsection;
(3) a description of any challenges, including agreements,
authorities, and resourcing, that need to be addressed so as to
expand cooperation with the Ministry of Defence of India on the
topics described in such subsection;
(4) an articulation of security considerations to ensure the
protection of research and development, intellectual property, and
United States-provided equipment from being stolen or exploited by
adversaries;
(5) an identification of opportunities for academia and private
industry to participate in expanded cooperation with the Ministry
of Defence of India;
(6) a discussion of opportunities and challenges related to
reducing India's reliance on Russian-built weapons and defense
systems; and
(7) any other matter the Secretary considers relevant.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the House
of Representatives.
SEC. 1261. PILOT PROGRAM TO DEVELOP YOUNG CIVILIAN DEFENSE LEADERS IN
THE INDO-PACIFIC REGION.
(a) In General.--The Secretary of Defense may establish, using
existing authorities of the Department of Defense, a pilot program to
enhance engagement of the Department with young civilian defense and
security leaders in the Indo-Pacific region.
(b) Purposes.--The activities of the pilot program under subsection
(a) shall include training of, and engagement with, young civilian
leaders from foreign partner ministries of defense and other
appropriate ministries with a national defense mission in the Indo-
Pacific region for purposes of--
(1) enhancing bilateral and multilateral cooperation between--
(A) civilian leaders in the Department; and
(B) civilian leaders in foreign partner ministries of
defense; and
(2) building the capacity of young civilian leaders in foreign
partner ministries of defense to promote civilian control of the
military, respect for human rights, and adherence to the law of
armed conflict.
(c) Priority.--In carrying out the pilot program under subsection
(a), the Secretary of Defense shall prioritize engagement with civilian
defense leaders from foreign partner ministries of defense who are 40
years of age or younger.
(d) Briefings.--
(1) Design of pilot program.--Not later than June 1, 2023, the
Secretary of Defense, in consultation with the Secretary of State,
shall provide a briefing to the appropriate committees of Congress
on the design of the pilot program under subsection (a).
(2) Progress briefing.--Not later than December 31, 2023, and
annually thereafter until the date on which the pilot program
terminates under subsection (e), the Secretary of Defense, in
consultation with the Secretary of State, shall provide a briefing
to the appropriate committees of Congress on the pilot program that
includes--
(A) a description of the activities conducted and the
results of such activities;
(B) an identification of existing authorities used to carry
out the pilot program;
(C) any recommendations related to new authorities or
modifications to existing authorities necessary to more
effectively achieve the objectives of the pilot program; and
(D) any other matter the Secretary of Defense considers
relevant.
(e) Termination.--The pilot program under subsection (a) shall
terminate on December 31, 2026.
(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1262. REPORT ON BILATERAL AGREEMENTS SUPPORTING UNITED STATES
MILITARY POSTURE IN THE INDO-PACIFIC REGION.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees a report on the adequacy of existing bilateral defense and
security agreements between the United States and foreign governments
that support the existing and planned military posture of the United
States in the Indo-Pacific region.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An accounting of existing bilateral defense and security
agreements that support the military posture of the United States
in the Indo-Pacific region, by country and type.
(2) An articulation of the need for new bilateral defense and
security agreements, by country and type, to support a more
distributed United States military posture in the Indo-Pacific
region, as outlined by the Global Force Posture Review, including
agreements necessary--
(A) to establish new cooperative security locations,
forward operating locations, and other locations in support of
distributed operations; and
(B) to enable exercises and a more rotational force
presence.
(3) A description of the relative priority of the agreements
articulated under paragraph (2).
(4) Any specific request, financial or otherwise, made by a
foreign government or a Federal agency other than the Department of
Defense that complicates the completion of such agreements.
(5) A description of Department activities planned for the
current and subsequent fiscal year that are intended to contribute
to the completion of such agreements.
(6) A description of the manner in which the necessity for such
agreements is communicated to, and coordinated with, the Secretary
of State.
(7) Any other matter the Secretary of Defense considers
relevant.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
SEC. 1263. STATEMENT OF POLICY ON TAIWAN.
(a) Statement of Policy.--Consistent with the Taiwan Relations Act
(22 U.S.C. 3301 et. seq.), it shall be the policy of the United States
to maintain the capacity of the United States to resist a fait accompli
that would jeopardize the security of the people on Taiwan.
(b) Fait Accompli Defined.--In this section, the term ``fait
accompli'' refers to the resort to force by the People's Republic of
China to invade and seize control of Taiwan before the United States
can respond effectively.
SEC. 1264. SENSE OF CONGRESS ON JOINT EXERCISES WITH TAIWAN.
It is the sense of Congress that--
(1) joint military exercises with Taiwan are an important
component of improving military readiness;
(2) the Commander of United States Indo-Pacific Command
possesses the authority to carry out such joint military exercises,
including those that--
(A) involve multiple warfare domains and exercise secure
communications between the forces of the United States, Taiwan,
and other foreign partners;
(B) incorporate the participation of multiple combatant and
subordinate unified commands; and
(C) present complex military challenges, including the
multi-domain capabilities of a capable adversary;
(3) the United States should seek to use existing authorities
more effectively to improve the readiness of the military forces of
the United States and Taiwan; and
(4) the naval forces of Taiwan should be invited to participate
in the Rim of the Pacific exercise, as appropriate, conducted in
2024.
SEC. 1265. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND PARTNERSHIPS IN
THE INDO-PACIFIC REGION.
It is the sense of Congress that the Secretary of Defense should
continue efforts that strengthen United States defense alliances and
partnerships in the Indo-Pacific region so as to further the
comparative advantage of the United States in strategic competition
with the People's Republic of China, including by--
(1) enhancing cooperation with Japan, consistent with the
Treaty of Mutual Cooperation and Security Between the United States
of America and Japan, signed at Washington, January 19, 1960,
including by developing advanced military capabilities, fostering
interoperability across all domains, and improving sharing of
information and intelligence;
(2) reinforcing the United States alliance with the Republic of
Korea, including by maintaining the presence of approximately
28,500 members of the United States Armed Forces deployed to the
country and affirming the United States commitment to extended
deterrence using the full range of United States defense
capabilities, consistent with the Mutual Defense Treaty Between the
United States and the Republic of Korea, signed at Washington,
October 1, 1953, in support of the shared objective of a peaceful
and stable Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with
Australia, consistent with the Security Treaty Between Australia,
New Zealand, and the United States of America, signed at San
Francisco, September 1, 1951, and through the partnership among
Australia, the United Kingdom, and the United States (commonly
known as ``AUKUS'')--
(A) to advance shared security objectives;
(B) to accelerate the fielding of advanced military
capabilities; and
(C) to build the capacity of emerging partners;
(4) advancing United States alliances with the Philippines and
Thailand and United States partnerships with other partners in the
Association of Southeast Asian Nations to enhance maritime domain
awareness, promote sovereignty and territorial integrity, leverage
technology and promote innovation, and support an open, inclusive,
and rules-based regional architecture;
(5) broadening United States engagement with India, including
through the Quadrilateral Security Dialogue--
(A) to advance the shared objective of a free and open
Indo-Pacific region through bilateral and multilateral
engagements and participation in military exercises, expanded
defense trade, and collaboration on humanitarian aid and
disaster response; and
(B) to enable greater cooperation on maritime security and
the threat of global pandemics, including COVID-19;
(6) strengthening the United States partnership with Taiwan,
consistent with the Three Communiques, the Taiwan Relations Act
(Public Law 96-8; 22 U.S.C. 3301 et seq.), and the Six Assurances,
with the goal of improving Taiwan's defensive military capabilities
and promoting peaceful cross-strait relations;
(7) reinforcing the status of the Republic of Singapore as a
Major Security Cooperation Partner of the United States and
continuing to strengthen defense and security cooperation between
the military forces of the Republic of Singapore and the Armed
Forces of the United States, including through participation in
combined exercises and training;
(8) engaging with the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, and other
Pacific Island countries, with the goal of strengthening regional
security and addressing issues of mutual concern, including
protecting fisheries from illegal, unreported, and unregulated
fishing;
(9) collaborating with Canada, the United Kingdom, France, and
other members of the European Union and the North Atlantic Treaty
Organization to build connectivity and advance a shared vision for
the region that is principled, long-term, and anchored in
democratic resilience; and
(10) investing in enhanced military posture and capabilities in
the area of responsibility of the United States Indo-Pacific
Command, identified by the Department of Defense as its priority
theater, and strengthening cooperation in bilateral relationships,
multilateral partnerships, and other international fora to uphold
global security and shared principles, with the goal of ensuring
the maintenance of a free and open Indo-Pacific region.
Subtitle F--Other Matters
SEC. 1271. NORTH ATLANTIC TREATY ORGANIZATION SPECIAL OPERATIONS
HEADQUARTERS.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new section
2350r:
``Sec. 2350r. North Atlantic Treaty Organization Special Operations
Headquarters
``(a) Authorization.--Of the amounts authorized to be appropriated
for each fiscal year for operation and maintenance for the Army, the
Secretary of Defense is authorized to use up to $50,000,000, to be
derived from amounts made available for support of North Atlantic
Treaty Organization (referred to in this section as `NATO') operations,
for each such fiscal year for the purposes set forth in subsection (b).
``(b) Purposes.--The Secretary shall provide funds for the NATO
Special Operations Headquarters--
``(1) to improve coordination and cooperation between the
special operations forces of NATO countries and countries approved
by the North Atlantic Council as NATO partners;
``(2) to facilitate joint operations by the special operations
forces of NATO countries and such NATO partners;
``(3) to support special operations forces peculiar command,
control, and communications capabilities;
``(4) to promote special operations forces intelligence and
informational requirements within the NATO structure; and
``(5) to promote interoperability through the development of
common equipment standards, tactics, techniques, and procedures,
and through execution of a multinational education and training
program.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 138 of title 10, United States Code, is
amended by adding at the end the following new item:
``2350r. North Atlantic Treaty Organization Special Operations
Headquarters.''.
(c) Repeal.--Section 1244 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2541) is repealed.
SEC. 1272. SENSE OF CONGRESS ON NATO AND UNITED STATES DEFENSE POSTURE
IN EUROPE.
It is the sense of Congress as follows:
(1) The Russian Federation's further invasion of Ukraine poses
a grave threat to United States security and interests around the
globe and to the rules-based international order, including the
North Atlantic Treaty Organization (NATO).
(2) The Russian Federation has demonstrated a complete
disregard for the safety of civilians during its unlawful and
unprovoked invasion of Ukraine, which has involved indiscriminate
bombing of civilian areas and executions of noncombatants.
(3) The United States stands with the people of Ukraine and
condemns the heinous acts committed by the Russian Federation
against them, and Congress strongly supports continued assistance
to Ukraine to sustain its ability to repel Russian invasion forces
and continue to retake its sovereign territory.
(4) NATO remains the strongest and most successful military
alliance in the world, founded on a commitment by its members to
uphold the principles of democracy, individual liberty, and the
rule of law. The NATO alliance has grown more robust and more
united in response to Russia's 2022 further invasion of Ukraine, as
allies have enhanced their deterrence and defense posture, and
continued to send military aid to bolster Ukraine's defenses.
(5) The United States--
(A) strongly supports the path of Sweden and Finland toward
NATO membership, as evidenced by the overwhelming bipartisan
Senate vote providing advice and consent to the ratification of
the Protocols of the North Atlantic Treaty of 1949 on the
Accession of the Republic of Finland and the Kingdom of Sweden;
(B) urges all NATO allies who have not ratified their
accession to do so as soon as possible;
(C) reaffirms its ironclad commitment to NATO as the
foundation of transatlantic security and to upholding its
obligations under the North Atlantic Treaty, including Article
5; and
(D) encourages NATO members to move swiftly to meet their
commitments made at the June 2022 NATO Summit to expand NATO's
multinational battle groups and enhance military posture on
NATO's eastern flank, and to urgently continue progress on
meeting their Wales Pledge commitments, capability targets,
contributions to NATO missions and operations, and resilience
commitments.
(6) America's European allies and partners have--
(A) made significant contributions to Ukraine's defense
against the Russian invasion, including critical military,
economic, and humanitarian aid, sanctions, and export controls,
to erode Russia's ability to sustain its aggression; and
(B) welcomed millions of Ukrainian refugees forced to flee
their homeland.
(7) The United States must continue to work with these allies
and partners to sustain this support, to collectively reconstitute
weapons stocks, and to maintain unified resolve to reduce threats
to critical infrastructure ranging from Russia's weaponization of
energy to China's predatory investments in transportation and
telecommunications infrastructure.
(8) The United States should develop and implement a long-term
plan to adapt United States posture in Europe to the altered threat
environment. The elevated United States posture currently in Europe
is crucial in the current threat environment, and the United States
posture changes announced during the June 2022 NATO Summit are
important steps, including the establishment of the first
permanently stationed headquarters in Poland, the commitment to
maintain a rotational brigade combat team and headquarters in
Romania, enhanced rotations to the Baltic countries, and the
forward-stationing of two additional destroyers in Rota, Spain.
(9) European Deterrence Initiative (EDI) investments have
proven crucial to United States and NATO abilities to rapidly
reinforce the European theater leading up to and during Russia's
further invasion of Ukraine. The United States should continue
robust investments through EDI, including further enhancing United
States posture in Europe and maintaining a committed schedule of
exercises with allies.
(10) The Black Sea is critical to United States interests and
to the security of NATO in the region, given Russia's unprovoked
and unjustified war in Ukraine and Russia's attempts to directly
intimidate, coerce, and otherwise influence countries in this
region. These allies' and partners' security will have major
consequences for broader European security and collective efforts
to enhance Black Sea countries' defense and resilience capabilities
are essential. In addition, the United States and NATO should
consider adopting robust intergovernmental and interagency
strategies for the Black Sea, to facilitate further collaboration
among all countries in the region.
(11) Estonia, Latvia, and Lithuania play a critical role in
strategic efforts to continue to deter Russia.
(12) The United States should continue to pursue efforts
consistent with the comprehensive, multilateral Baltic Defense
Assessment conducted by the Department of Defense. Robust support
to accomplish United States strategic objectives, including by
providing continued assistance to the Baltic countries through
security cooperation, including cooperation referred to as the
Baltic Security Initiative pursuant to sections 332 and 333 of
title 10, United States Code, should continue to be prioritized in
the years to come. Specifically, such assistance should include the
continuation of--
(A) enhancements to critical capabilities that will
strengthen Baltic security as well as strengthen NATO's
deterrence and defense posture, including integrated air and
missile defense, maritime domain awareness, long-range
precision fires, and command and control;
(B) efforts to enhance interoperability among Estonia,
Latvia, and Lithuania and with NATO;
(C) infrastructure and other host-country support
improvements that will enhance United States and allied
military mobility across the region;
(D) efforts to improve resilience to hybrid and cyber
threats in Estonia, Latvia, and Lithuania; and
(E) support for planning and budgeting efforts of Estonia,
Latvia, and Lithuania that are regionally synchronized.
(13) It is in the United States interest to support efforts to
enhance security and stability in the Western Balkans. The United
States should continue its efforts to work with Western Balkans
allies and partners to build interoperability and support
institutional reforms. The United States should also support those
countries' efforts to resist disinformation campaigns, predatory
investments, and other means by which Russia and China may seek to
influence this region.
(14) The United States should continue to work closely with
European allies and partners to counter growing malign activities
by the People's Republic of China across Europe, in the Indo-
Pacific, and beyond.
SEC. 1273. REPORT ON FIFTH FLEET CAPABILITIES UPGRADES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on--
(1) capabilities upgrades necessary to enable the Fifth Fleet
to address emerging threats in its area of responsibility; and
(2) any costs associated with such upgrades.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of seaborne threats posed by Iran, and groups
linked to Iran, to the military forces of United States allies and
partners operating in the waters in and around the broader Middle
East.
(2) A description of any capabilities upgrades necessary to
enable the Fifth Fleet to address such threats.
(3) An estimate of the costs associated with any such upgrades.
(4) A description of any United States plan to deepen
cooperation with other member countries of the Combined Maritime
Forces at the strategic, policy, and functional levels for the
purpose of addressing such threats, including by--
(A) enhancing coordination on defense planning;
(B) improving intelligence sharing; and
(C) deepening maritime interoperability.
(c) Broader Middle East Defined.--In this section, the term
``broader Middle East'' means--
(1) the land around the southern and eastern shores of the
Mediterranean Sea;
(2) the Arabian Peninsula;
(3) Iran; and
(4) North Africa.
SEC. 1274. REPORT ON USE OF SOCIAL MEDIA BY FOREIGN TERRORIST
ORGANIZATIONS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of State and the Secretary of Defense,
shall submit to the appropriate congressional committees a report on--
(1) the use of online social media platforms by entities
designated as foreign terrorist organizations by the Secretary of
State for recruitment, fundraising, and the dissemination of
information; and
(2) the threat posed to the national security of the United
States by the online radicalization of terrorists and violent
extremists with ties to foreign governments or elements thereof,
foreign organizations, or foreign persons, or international
terrorist activities.
(b) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Permanent Select Committee on Intelligence of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the Senate.
SEC. 1275. REPORT AND FEASIBILITY STUDY ON COLLABORATION TO MEET SHARED
NATIONAL SECURITY INTERESTS IN EAST AFRICA.
(a) Report on Foreign Assistance and Other Activities in
Somaliland.--
(1) Defined term.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(2) Report.--
(A) In general.--Not later than September 30, 2023, and
annually thereafter until the date that is 5 years after the
date of the enactment of this Act, the Secretary of State, in
consultation with the Administrator of the United States Agency
for International Development, shall submit to the appropriate
congressional committees a report that, with respect to the
most recently concluded 12-month period--
(i) describes assistance provided by the Department of
State and the United States Agency for International
Development to Somaliland, including--
(I) the value of such assistance (in United States
dollars);
(II) the source from which such assistance was
funded;
(III) the names of the programs through which such
assistance was administered;
(IV) the implementing partners through which such
assistance was provided;
(V) the sponsoring bureau of the Department of
State or the United States Agency for International
Development; and
(VI) if the assistance broadly targeted the Federal
Republic of Somalia, the portion of such assistance
that was--
(aa) explicitly intended to support Somaliland;
and
(bb) ultimately employed in Somaliland;
(ii) details the staffing and responsibilities of the
Department of State and the United States Agency for
International Development supporting foreign assistance,
diplomatic engagement, and security initiatives in
Somaliland, including the location of such personnel (duty
station) and their corresponding bureau;
(iii) provides--
(I) a detailed account of travel to Somaliland by
employees of the Department of State and the United
States Agency for International Development, if any,
including the position, duty station, and trip purpose
for each such trip; or
(II) the justification for not traveling to
Somaliland if no such personnel traveled during the
reporting period; and
(iv) if the Department of State has provided training
to security forces of the Federal Member States (FMS), and
Somaliland, including--
(I) where such training has occurred;
(II) the extent to which FMS and Somaliland
security forces have demonstrated the ability to absorb
previous training; and
(III) the ability of FMS and Somaliland security
forces to maintain and appropriately utilize such
training, as applicable.
(B) Form.--The report required under subparagraph (A) shall
be submitted in unclassified form, but may contain a classified
annex.
(b) Feasibility Study.--
(1) Defined term.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(2) Feasibility study.--The Secretary of State, in consultation
with the Secretary of Defense, shall conduct a feasibility study
that--
(A) determines whether opportunities exist for greater
collaboration in the pursuit of United States national security
interests in the Horn of Africa, the Gulf of Aden, and the
Indo-Pacific region with the Federal Government of Somalia and
Somaliland; and
(B) identifies the practicability and advisability of
improving the professionalization and capacity of security
sector actors within the Federal Member States (FMS) and
Somaliland.
(3) Report to congress.--Not later than June 15, 2023, the
Secretary of State, in consultation with the Secretary of Defense
and the heads of other relevant Federal departments and agencies,
shall submit a classified report to the appropriate congressional
committees that contains the results of the feasibility study
required under paragraph (2).
(c) Rule of Construction.--Nothing in this Act, including the
reporting requirement under subsection (a) and the conduct of the
feasibility study under subsection (b), may be construed to convey
United States recognition of Somalia's FMS or Somaliland as an
independent entity.
SEC. 1276. ASSESSMENT OF CHALLENGES TO IMPLEMENTATION OF THE
PARTNERSHIP AMONG AUSTRALIA, THE UNITED KINGDOM, AND THE UNITED STATES.
(a) In General.--The Secretary of Defense shall seek to enter into
an agreement with a federally funded research and development center
for the conduct of an independent assessment of resourcing, policy, and
process challenges to implementing the partnership among Australia, the
United Kingdom, and United States (commonly known as the ``AUKUS
partnership'') announced on September 21, 2021.
(b) Matters to Be Considered.--In conducting the assessment
required by subsection (a), the federally funded research and
development center shall consider the following with respect to each of
Australia, the United Kingdom, and the United States:
(1) Potential resourcing and personnel shortfalls.
(2) Information sharing, including foreign disclosure policy
and processes.
(3) Statutory, regulatory, and other policies and processes.
(4) Intellectual property, including patents.
(5) Export controls, including technology transfer and
protection.
(6) Security protocols and practices, including personnel,
operational, physical, facility, cybersecurity,
counterintelligence, marking and classifying information, and
handling and transmission of classified material.
(7) Industrial base implications specifically including options
to expand the United States submarine and nuclear power industrial
base to meet United States and Australia requirements.
(8) Alternatives that would significantly accelerate
Australia's national security, including--
(A) interim submarine options to include leasing or
conveyance of legacy United States submarines for Australia's
use; or
(B) the conveyance of B-21 bombers.
(9) Any other matter the Secretary considers appropriate.
(c) Recommendations.--The federally funded research and development
center selected to conduct the assessment under this section shall
include, as part of such assessment, recommendations for improvements
to resourcing, policy, and process challenges to implementing the AUKUS
partnership.
(d) Report.--
(1) In general.--Not later than January 1, 2024, the Secretary
shall submit to the congressional defense committees, the Committee
on Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a report that includes an
unaltered copy of such assessment, together with the views of the
Secretary on the assessment and on the recommendations included in
the assessment pursuant to subsection (c).
(2) Form of report.--The report required by paragraph (1) shall
be submitted in unclassified form but may contain a classified
annex.
SEC. 1277. MODIFICATION AND EXTENSION OF UNITED STATES-ISRAEL
COOPERATION TO COUNTER UNMANNED AERIAL SYSTEMS.
(a) Authority to Establish Capabilities to Counter Unmanned Aerial
Systems.--Subsection (a)(1) of section 1278 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1702; 22 U.S.C. 8606 note) is amended in the first sentence by
inserting after ``to establish capabilities for countering unmanned
aerial systems'' the following ``, including directed energy
capabilities,''.
(b) Support in Connection With the Program.--Subsection (b) of such
section is amended--
(1) in paragraph (3)(B), by inserting at the end before the
period the following: ``, including directed energy capabilities'';
and
(2) in paragraph (4), by striking ``$25,000,000'' and inserting
``$40,000,000''.
(c) Sunset.--Subsection (f) of such section is amended by striking
``December 31, 2024'' and inserting ``December 31, 2026''.
SEC. 1278. SENSE OF CONGRESS AND BRIEFING ON MULTINATIONAL FORCE AND
OBSERVERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Multinational Force and Observers has helped strengthen
stability and kept the peace in Sinai Peninsula; and
(2) the United States should continue to maintain its strong
support for the Multinational Force and Observers.
(b) Briefing.--Not later than 60 days before the implementation of
any plan to move a Multinational Force and Observer site, the Secretary
of Defense shall brief the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign Relations of
the Senate on the resulting impacts of such plan on existing security
arrangements between Israel and Egypt.
SEC. 1279. BRIEFING ON DEPARTMENT OF DEFENSE PROGRAM TO PROTECT UNITED
STATES STUDENTS AGAINST FOREIGN AGENTS.
Not later than 240 days after the date of the enactment of this
Act, the Secretary of Defense shall provide a briefing to the Committee
on Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives on the program described in section 1277
of the National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91), including an assessment on whether the program is
beneficial to students interning, working part time, or in a program
that will result in employment post-graduation with Department of
Defense components and contractors.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B--National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling
Act.
Sec. 1412. Modification of acquisition authority under Strategic and
Critical Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense
Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged
conflict.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2023
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions in
accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United
States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2023 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2023 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the Defense Health Program for use of the Armed Forces and other
activities and agencies of the Department of Defense for providing for
the health of eligible beneficiaries, as specified in the funding table
in section 4501.
Subtitle B--National Defense Stockpile
SEC. 1411. REFORM OF THE STRATEGIC AND CRITICAL MATERIALS STOCK PILING
ACT.
(a) Repeal of Strategic Materials Protection Board.--Section 187 of
title 10, United States Code, is repealed.
(b) Strategic and Critical Materials Board of Directors.--Section
10 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h-1) is amended to read as follows:
``SEC. 10. STRATEGIC AND CRITICAL MATERIALS BOARD OF DIRECTORS.
``(a) Establishment.--There is established a Strategic and Critical
Materials Board of Directors (in this Act referred to as the `Board').
``(b) Members.--The Board shall be composed, at a minimum, of the
following:
``(1) The Assistant Secretary of Defense for Industrial Base
Policy, who shall serve as chairman of the Board.
``(2) One designee of each of the Secretary of Commerce, the
Secretary of State, the Secretary of Energy, and the Secretary of
the Interior.
``(3) One designee of each of the Chairman and Ranking Member
of the Readiness Subcommittee of the House Committee on Armed
Services.
``(4) One designee of each of the Chairman and Ranking Member
of the Readiness Subcommittee of the Senate Committee on Armed
Services.
``(5) Four designees of the chairman of the Board, who shall
have expertise relating to military affairs, defense procurement,
production of strategic and critical materials, finance, or any
other disciplines deemed necessary by the chairman to conduct the
business of the Board.
``(c) Duties of the Board.--In addition to other matters assigned
to it by the chairman, the Board shall conduct the following, without
power of delegation:
``(1) Adopt by-laws that ensure sufficient oversight,
governance, and effectiveness of the National Defense Stockpile
program.
``(2) Elect or remove Board members.
``(3) Advise the National Defense Stockpile Manager.
``(4) Establish performance metrics and conduct an annual
performance review of the National Defense Stockpile Manager.
``(5) Set compensation for the National Defense Stockpile
Manager.
``(6) Review and approve the annual budget of the National
Defense Stockpile program and conduct appropriate reviews of annual
financial statements.
``(7) Re-allocate budget resources within the annual budget of
the National Defense Stockpile program.
``(8) Review and approve the Annual Materials and Operations
Plan required by section 11(a)(2) of this Act, including a review
of the projected domestic and foreign economic effects of proposed
actions to be taken under the Annual Materials and Operations Plan.
``(9) Complete and submit the annual Board Report, in
accordance with section 11(b)(2) of this Act.
``(10) Recommend to the Secretary of Defense--
``(A) a strategy to ensure a secure supply of materials
designated as critical to national security; and
``(B) such other strategies as the Board considers
appropriate to strengthen the industrial base with respect to
materials critical to national security.
``(d) Board Meetings.--The Board shall meet as determined necessary
by the chairman but not less frequently than once every year to fulfill
the duties described in subsection (c).
``(e) Application of Federal Advisory Committee Act.--Section 14 of
the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Board.
``(f) Definitions.--In this section:
``(1) Materials critical to national security.--The term
`materials critical to national security' means materials--
``(A) upon which the production or sustainment of military
equipment is dependent; and
``(B) the supply of which could be restricted by actions or
events outside the control of the Government of the United
States.
``(2) Military equipment.--The term `military equipment' means
equipment used directly by the Armed Forces to carry out military
operations.
``(3) Secure supply.--The term `secure supply', with respect to
a material, means the availability of a source or sources for the
material, including the full supply chain for the material and
components containing the material.''.
(c) Reports.--Section 11 of such Act (50 U.S.C. 98h-2) is amended
to read as follows:
``SEC. 11. REPORTS.
``(a) Reports to the Board.--The National Defense Stockpile Manager
shall submit to the Board the following:
``(1) Not later than 40 calendar days after the last day of
each of the first three fiscal quarters in each fiscal year,
unaudited financial statements and a Manager's Discussion and
Analysis for the immediately preceding fiscal quarter.
``(2) Not later than 60 calendar days after the conclusion of
the fourth quarter of each fiscal year--
``(A) audited financial statements and a Manager's
Discussion and Analysis for the immediately preceding fiscal
year; and
``(B) an Annual Materials and Operations Plan for the
forthcoming year.
``(b) Reports to Congress.--
``(1) Reports by national defense stockpile manage.--Not later
than 90 days after the conclusion of the fourth quarter of each
fiscal year, the National Defense Stockpile Manager shall submit to
the congressional defense committees (as defined in section 101(a)
of title 10, United States Code) a report that shall include--
``(A) information with respect to foreign and domestic
purchases of materials for the stockpile during the preceding
fiscal year;
``(B) information with respect to the acquisition and
disposal of materials under this Act by barter, during such
fiscal year;
``(C) information with respect to the activities by the
National Defense Stockpile Manager to encourage the
conservation, substitution, and development of strategic and
critical materials;
``(D) information with respect to the research and
development activities conducted under section 8 of this Act;
``(E) audited annual financial statements for the Strategic
and Critical Materials Fund;
``(F) other pertinent information on the administration of
this Act as will enable the Congress to evaluate the
effectiveness of the program;
``(G) details of all planned expenditures from the
Strategic and Critical Materials Fund over the Future Years'
Defense Program and anticipated receipts from proposed
disposals of stockpile materials; and
``(H) the report required by paragraph (2).
``(2) Report by the board.--The Board shall prepare a written
report to accompany the report required by paragraph (1) which
shall include--
``(A) the activities of the Board to carry out the duties
listed in section 10(c) of this Act; and
``(B) the most recent Annual Materials and Operations Plan
submitted under subsection (a)(2)(B).''.
(d) Conforming Amendments.--
(1) Strategic and critical materials stock piling act.--The
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et
seq.) is amended--
(A) in section 5(a)(2)--
(i) by striking ``certain stockpile transactions'' and
all that follows through ``submitted the President
proposes''; and
(ii) by striking ``any such transaction'' and inserting
the following: ``any stockpile transactions proposed in the
Annual Materials and Operations Plan for such fiscal year
after the Board submits the report under section 11(b)(2)
containing such plan''; and
(B) in section 15--
(i) in subsection (c)(1), by striking ``annual
materials plan'' and inserting ``Annual Materials and
Operations Plan''; and
(ii) in subsection (e)--
(I) by inserting ``, acting through the National
Defense Stockpile Manager,'' after ``The President'';
and
(II) by striking ``section 11(a)'' and inserting
``section 11(b)(1)''.
(2) Title 10.--Title 10 of the United States Code is amended--
(A) in section 4863(g), by striking ``Strategic Materials
Protection Board pursuant to section 187 of this title'' and
inserting ``Strategic and Critical Materials Board of Directors
pursuant to section 10 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h-1)''; and
(B) in section 4872(c)(3)(B), by striking `` Strategic
Materials Protection Board pursuant to section 187 of this
title'' and inserting ``Strategic and Critical Materials Board
of Directors pursuant to section 10 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h-1)''.
SEC. 1412. MODIFICATION OF ACQUISITION AUTHORITY UNDER STRATEGIC AND
CRITICAL MATERIALS STOCK PILING ACT.
(a) In General.--Section 5 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98d) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by inserting ``under the
authority of paragraph (3) of this section or'' after
``Except for acquisitions made''; and
(ii) in the second sentence, by striking ``for such
acquisition'' and inserting ``for any acquisition of
materials under this Act''; and
(B) by adding at the end the following:
``(3) Using funds appropriated for acquisition of materials under
this Act, the National Defense Stockpile Manager may acquire materials
determined to be strategic and critical under section 3(a) without
regard to the requirement of the first sentence of paragraph (1) if the
Stockpile Manager determines there is a shortfall of such materials in
the stockpile.''; and
(2) in subsection (c), by striking ``to carry out the purposes
for which appropriated for a period of two fiscal years, if so
provided in appropriation Acts'' and inserting ``until expended,
unless otherwise provided in appropriations Acts''.
(b) Increase in Quantities of Materials to Be Stockpiled.--Section
3(c)(2) of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98b(c)(2)) is amended--
(1) by amending the first sentence to read as follows: ``The
President shall notify Congress in writing of any increase proposed
to be made in the quantity of any material to be stockpiled that
involves the acquisition of additional materials for the
stockpile.'';
(2) in the second sentence, by striking ``the change after the
end of the 45-day period'' and inserting ``the increase after the
end of the 30-day period''; and
(3) in the third sentence, by striking ``change'' and inserting
``increase''.
SEC. 1413. BRIEFINGS ON SHORTFALLS IN NATIONAL DEFENSE STOCKPILE.
Section 14 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h-5) is amended by adding at the end the following new
subsection:
``(f)(1) Not later than March 1 each year, the National Defense
Stockpile Manager shall provide to the congressional defense committees
a briefing on strategic and critical materials that--
``(A) are determined to be in shortfall in the most recent
report on stockpile requirements submitted under subsection (a);
and
``(B) the acquisition or disposal of which is included in the
Annual Materials and Operations Plan for the operation of the
stockpile during the next fiscal year submitted under section
11(b).
``(2) Each briefing required by paragraph (1) shall include--
``(A) a description of each material described in that
paragraph, including the objective to be achieved if funding is
provided, in whole or in part, for the acquisition of the material
to remedy the shortfall;
``(B) an estimate of additional amounts required to provide
such funding, if any; and
``(C) an assessment of the supply chain for each such material,
including any assessment of any relevant risk in any such supply
chain.''.
SEC. 1414. AUTHORITY TO ACQUIRE MATERIALS FOR THE NATIONAL DEFENSE
STOCKPILE.
(a) Acquisition Authority.--Of the funds appropriated into the
National Defense Stockpile Transaction Fund pursuant to the
authorization of appropriations under subsection (c), the National
Defense Stockpile Manager may use up to $1,003,500,000 for acquisition
of the following materials determined to be strategic and critical
materials required to meet the defense, industrial, and essential
civilian needs of the United States:
(1) Neodymium oxide, praseodymium oxide, and neodymium iron
boron (NdFeB) magnet block.
(2) Titanium.
(3) Energetic materials.
(4) Iso-molded graphite.
(5) Grain-oriented electric steel.
(6) Tire cord steel.
(7) Cadmium zinc telluride.
(8) Any additional materials identified as stockpile
requirements in the most recent report submitted to Congress under
section 14 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h-5).
(b) Fiscal Year Limitation.--The authority under subsection (a) is
available for purchases during fiscal years 2023 through 2032.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the National Defense Stockpile Transaction Fund
$1,003,500,000 for the acquisition of strategic and critical materials
under section 6(a) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98e(a)).
(d) Compliance With Strategic and Critical Materials Stock Piling
Act.--Any acquisition using funds appropriated pursuant to the
authorization of appropriations under subsection (c) shall be carried
out in accordance with the provisions of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98 et seq.).
SEC. 1415. DEPARTMENT OF DEFENSE READINESS TO SUPPORT PROLONGED
CONFLICT.
(a) Studies Required.--
(1) In general.--For each report required by section 14(a) of
the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h-5(a)), the National Defense Stockpile Manager shall--
(A) conduct a study on the strategic materials required by
the Department of Defense to sustain combat operations for not
less than one year against the pacing threat identified in the
National Defense Strategy; and
(B) not later than January 15, 2024, submit to the
congressional defense committees a report on such study in a
classified form with an unclassified summary.
(2) Energy storage and electronic components.--
(A) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall conduct a study of the energy
storage and electronic components necessary to sustain combat
operations for not less than one year against the pacing threat
identified in the National Defense Strategy.
(B) Report.----
(i) In general.--Not later than January 15, 2024, the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the congressional defense committees a
report on the study required under subparagraph (A).
(ii) Form.--The report required by clause (i) shall be
submitted in an unclassified form but may contain a
classified annex.
(iii) Elements.--The report required by clause (i)
shall include the following:
(I) A description of the specific number and type
of energy storage and electronic components that the
Department of Defense requires for the manufacture of
munitions, combat support items, and weapon systems to
sustain combat operations.
(II) A description of the specific number and type
of energy storage and electronic components that the
Department of Defense requires to replenish or replace
munitions, combat support items, and weapon systems
that are lost or expended during the execution and
sustainment of the relevant operational plan.
(III) A description of supply chain vulnerabilities
during the sustainment and execution period, such as
sole sources of supply, war damage, and shipping
interdiction.
(IV) A description of supply chain vulnerabilities
prior to the sustainment and execution period and the
replenishment and replacement period, such as reliance
on sole sources of supply, geographic proximity to
strategic competitors, and diminishing manufacturing
sources.
(V) An identification of alternative sources of
supply for energy and electronics components that are
domestic or are from allies or partners of the United
States.
(VI) An assessment of the technical and economic
feasibility of the preparedness and response programs
of the Department of Defense, such as the National
Defense Stockpile, the Warstopper program, war reserves
and pre-positioned stocks, contract options, or other
methods to mitigate postulated shortfalls to Department
of Defense requirements.
(VII) Any other such elements deemed appropriate by
the Under Secretary of Defense for Acquisition and
Sustainment.
(C) Energy storage and electronic component defined.--In
this paragraph, the term ``energy storage and electronic
component'' includes--
(i) an item that operates by controlling the flow of
electrons or other electrically charged particles in
circuits, using interconnections of electrical devices such
as resistors, inductors, capacitors, diodes, switches,
transistors, or integrated circuits; and
(ii) battery cells, battery modules, battery packs, and
other related components related to batteries.
(b) Acquisition Priority.--Consistent with the authority in section
5 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98d) and subject to the availability of appropriations, the National
Defense Stockpile Manager shall acquire the highest priority strategic
and critical materials identified in the report submitted under
subsection (a)(1).
(c) Strategic and Critical Materials Defined.--In this section, the
term ``strategic and critical materials'' has the meaning given such
term in section 12 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h-3).
Subtitle C--Other Matters
SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION
FUND FOR CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated for section 1405 and available for the Defense Health
Program for operation and maintenance, $168,000,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2571). For purposes of subsection (a)(2) of such section 1704,
any funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection (b)
of such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500).
SEC. 1422. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2023
from the Armed Forces Retirement Home Trust Fund the sum of
$152,360,000 of which--
(1) $75,360,000 is for operation, maintenance, construction and
renovation; and
(2) $77,000,000 is for major construction.
TITLE XV--CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A--Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Annual reports on support by military departments for United
States Cyber Command.
Sec. 1503. Modification of office of primary responsibility for
strategic cybersecurity program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of
universities that advise Secretary of Defense on cybersecurity
matters.
Sec. 1506. Alignment of Department of Defense cyber international
strategy with National Defense Strategy and Department of
Defense Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of
Jordan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting
Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities for
certain systems of the Department of Defense.
Sec. 1513. Establishing projects for data management, artificial
intelligence, and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity
capabilities.
Subtitle B--Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation
in the information environment.
Sec. 1522. Assessment and optimization of Department of Defense
information and influence operations conducted through
cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission
of joint lexicon for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of
information operations strategy and posture review.
Sec. 1526. Limitation on availability of certain funds until submission
of assessments relating to cybersecurity of the defense
industrial base.
Subtitle C--Personnel
Sec. 1531. Cyber operations-peculiar awards.
Sec. 1532. Establishment of Cyber Operations Designator and rating for
the Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path
study.
Sec. 1537. Study to determine optimal strategy for structuring and
manning elements of Joint Force Headquarters-Cyber
Organizations, Joint Mission Operations Centers, and Cyber
Operations-Integrated Planning Elements.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office
of the Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for
Department of Defense.
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D--Reports and Other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related
information with foreign operational partners.
Sec. 1552. Demonstration program for cyber and information technology
budget data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of
artificial intelligence.
Sec. 1555. Review of Department of Defense implementation of
recommendations from Defense Science Board cyber report.
Sec. 1556. Annual briefing on relationship between National Security
Agency and United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations
Forces.
Sec. 1558. Annual assessments and reports on assignment of certain
budget control responsibility to Commander of United States
Cyber Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-
frequency enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter
adversaries in the information environment.
Subtitle A--Cyber Matters
SEC. 1501. IMPROVEMENTS TO PRINCIPAL CYBER ADVISORS.
(a) Certification Authority for Cyberspace Operations.--Subsection
(c) of section 932 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note) is amended by adding
at the end the following:
``(4) Budget review.--(A) The Secretary of Defense, acting
through the Under Secretary of Defense (Comptroller), shall require
the Secretaries of the military departments and the heads of the
Defense agencies with responsibilities associated with any activity
specified in paragraph (2) to transmit the proposed budget for such
activities for a fiscal year and for the period covered by the
future-years defense program submitted to Congress under section
221 of this title for that fiscal year to the Principal Cyber
Advisor for review under subparagraph (B) before submitting the
proposed budget to the Under Secretary of Defense (Comptroller).
``(B) The Principal Cyber Advisor shall review each proposed
budget transmitted under subparagraph (A) and, not later than
January 31 of the year preceding the fiscal year for which the
budget is proposed, shall submit to the Secretary of Defense a
report containing the comments of the Principal Cyber Advisor with
respect to all such proposed budgets, together with the
certification of the Principal Cyber Advisor regarding whether each
proposed budget is adequate.
``(C) Not later than March 31 of each year, the Secretary of
Defense shall submit to Congress a report specifying each proposed
budget that the Principal Cyber Advisor did not certify to be
adequate. The report of the Secretary shall include the following
matters:
``(i) A discussion of the actions that the Secretary
proposes to take, together with any recommended legislation
that the Secretary considers appropriate, to address the
inadequacy of the proposed budgets specified in the report.
``(ii) Any additional comments that the Secretary considers
appropriate regarding the inadequacy of the proposed
budgets.''.
(b) Codification of Principal Cyber Advisors.--
(1) Title 10.--Chapter 19 of title 10, United States Code, is
amended by inserting after section 392 the following new section
(and conforming the table of sections at the beginning of such
chapter accordingly):
``Sec. 392a. Principal Cyber Advisors''.
(2) Principal cyber advisor to secretary of defense.--
Subsection (c) of section 932 of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note),
as amended by subsection (a), is--
(A) transferred to section 392a of title 10, United States
Code, as added by paragraph (1);
(B) redesignated as subsection (a);
(C) amended by striking paragraph (1) and inserting the
following:
``(1) Establishment.--There is a Principal Cyber Advisor in the
Department of Defense.''; and
(D) amended in the subsection heading by inserting ``to
Secretary of Defense'' after ``Advisor''.
(3) Deputy cyber advisor.--Section 905 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 391 note) is--
(A) transferred to chapter 19 of title 10, United States
Code, designated as subsection (b) of section 392a, as added by
paragraph (1), and amended by redesignating each subordinate
provision and the margins thereof accordingly; and
(B) amended--
(i) by striking ``this subsection'' each place it
appears and inserting ``this paragraph''; and
(ii) by striking ``subsection (a)'' each place it
appears and inserting ``paragraph (1)''.
(4) Principal cyber advisors to secretaries of military
departments.--Section 1657 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391 note)
is--
(A) transferred to chapter 19 of title 10, United States
Code, designated as subsection (c) of section 392a, as added by
paragraph (1), and amended by redesignating each subordinate
provision and the margins thereof accordingly; and
(B) amended--
(i) by striking ``subparagraph (B)'' and inserting
``clause (ii)'';
(ii) by striking ``paragraph (1)'' each place it
appears and inserting ``subparagraph (A)'';
(iii) by striking ``paragraph (2)'' each place it
appears and inserting ``subparagraph (B)'';
(iv) by striking ``subsection (a)(1)'' and inserting
``paragraph (1)(A)'';
(v) by striking ``subsection (a)'' each place it
appears and inserting ``paragraph (1)'';
(vi) by striking ``subsection (b)'' each place it
appears and inserting ``paragraph (2)''; and
(vii) by striking paragraph (6) (as redesignated
pursuant to subparagraph (A)).
(c) Conforming Amendments.--
(1) Title 10.--Section 167b(d)(2)(A) of title 10, United States
Code, is amended by inserting ``to the Secretary of Defense under
section 392a(a) of this title'' after ``Principal Cyber Advisor''.
(2) FY22 ndaa.--Section 1528(e)(2) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 2224 note) is amended by striking ``section 1657(d) of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 10 U.S.C. 391 note)'' and inserting ``section 392a(c)(4) of
title 10, United States Code''.
(3) FY17 ndaa.--Section 1643(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 2224 note) is amended by striking ``The Principal Cyber
Advisor, acting through the cross-functional team established by
section 932(c)(3) of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note)'' and
inserting ``The Principal Cyber Advisor to the Secretary of
Defense, acting through the cross-functional team under section
392a(a)(3) of title 10, United States Code,''.
SEC. 1502. ANNUAL REPORTS ON SUPPORT BY MILITARY DEPARTMENTS FOR UNITED
STATES CYBER COMMAND.
(a) Annual Reports.--Chapter 19 of title 10, United States Code, is
amended by inserting after section 391 the following new section (and
conforming the table of sections at the beginning of such chapter
accordingly):
``Sec. 391a. Annual reports on support by military departments for
United States Cyber Command
``(a) Reports.--Not later than 15 days after the date on which the
Secretary of Defense submits to Congress the defense budget materials
(as defined in section 239 of this title) for a fiscal year, the
Commander of the United States Cyber Command shall submit to the
congressional defense committees a report containing the following:
``(1) An evaluation of whether each military department is
meeting the requirements established by the Commander and validated
by the Office of the Secretary of Defense, and is effectively
implementing the plan required by section 1534 of the National
Defense Authorization Act for Fiscal Year 2023, and the
requirements established pursuant to section 1533 of such Act.
``(2) For each military department evaluated under paragraph
(1)--
``(A) a certification that the military department is
meeting such requirements; or
``(B) a detailed explanation regarding how the military
department is not meeting such requirements.
``(b) Elements of Evaluation.--Each evaluation under subsection
(a)(1) shall include, with respect to the military department being
evaluated, the following:
``(1) The adequacy of the policies, procedures, and execution
of manning, training, and equipping personnel for employment within
the Cyber Mission Force.
``(2) The sufficiency and robustness of training curricula for
personnel to be assigned to either the Cyber Mission Force or units
within the cyberspace operations forces, and the compliance by the
military department with training standards.
``(3) The adequacy of the policies and procedures relating to
the assignment and assignment length of members of the Army, Navy,
Air Force, Marine Corps, or Space Force to the Cyber Mission Force.
``(4) The efficacy of the military department in filling key
work roles within the Cyber Mission Force, including the proper
force mix of civilian, military, and contractor personnel, and the
means necessary to meet requirements established by the Commander
and validated by the Secretary of Defense.
``(5) The adequacy of the investment to advance cyber-peculiar
science and technology, particularly with respect to capability
development for the Cyber Mission Force.
``(6) The sufficiency of the policies, procedures, and
investments relating to the establishment and management of
military occupational specialty, designator, rating, or Air Force
specialty code for personnel responsible for cyberspace operations,
including an assessment of the effectiveness of the combination of
policies determining availability and retention of sufficient
numbers of proficient personnel in key work roles, including length
of service commitment, the use of bonuses and special pays,
alternative compensation mechanisms, and consecutive tours in
preferred assignments.
``(7) In coordination with the Principal Cyber Advisor of the
Department of Defense, an evaluation of the use by the military
department of the shared lexicon of the Department of Defense
specific to cyberspace activities.
``(8) The readiness of personnel serving in the Cyber Mission
Force and the cyberspace operations forces to accomplish assigned
missions.
``(9) The adequacy of actions taken during the period of
evaluation by the military department to respond to findings from
any previous years' evaluations.
``(10) Any other element determined relevant by the
Commander.''.
(b) First Report.--The Commander of the United States Cyber Command
shall submit to the congressional defense committees the first report
under section 391a of title 10, United States Code, as added by
subsection (a), as soon as practicable after the date of the submission
of the defense budget materials for fiscal year 2024.
SEC. 1503. MODIFICATION OF OFFICE OF PRIMARY RESPONSIBILITY FOR
STRATEGIC CYBERSECURITY PROGRAM.
Paragraph (2) of section 1640(c) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C.
2224 note) is amended to read as follows:
``(2) Office of primary responsibility.--Not later than 30 days
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2023, the Secretary of Defense
shall designate a principal staff assistant from within the Office
of the Secretary of Defense whose office shall serve as the office
of primary responsibility for the Program, providing policy,
direction, and oversight regarding the execution of the
responsibilities of the program manager described in paragraph
(5).''.
SEC. 1504. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS.
Section 1723 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
394 note) is amended by adding at the end the following new
subsections:
``(e) Implementation.--Not later than May 1, 2023, the Commanding
Officer of Navy Cyber Warfare Development Group shall submit to the
congressional defense committees an independent review of the study
under subsection (a). The review shall include, at a minimum,
evaluations of--
``(1) the value of the study to the Navy Cyber Warfare
Development Group and to the Navy;
``(2) any recommendations not considered or included as part of
the study;
``(3) the implementation of subsection (b); and
``(4) other matters as determined by the Commanding Officer.
``(f) Update to Congress.--Not later than July 1, 2023, the
Secretaries of the military departments and the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict shall provide
to the congressional defense committees a briefing on activities taken
during the period following the date of the briefing provided under
subsection (d), including an examination of establishing Tailored
Cyberspace Operations Organizations and use of the authority provided
pursuant to subsection (c).
``(g) Air Force Actions.--Not later than July 1, 2023, the
Secretary of the Air Force shall submit to the congressional defense
committees a review of the activities of the Navy Cyber Warfare
Development Group, including with respect to the authorities of the
Group. The review shall include the following:
``(1) An assessment of whether such authorities shall be
conferred on the 90th Cyberspace Operations Squadron of the Air
Force.
``(2) A consideration of whether the 90th Cyberspace Operations
Squadron should be designated a controlled tour, as defined by the
Secretary.''.
SEC. 1505. ESTABLISHMENT OF SUPPORT CENTER FOR CONSORTIUM OF
UNIVERSITIES THAT ADVISE SECRETARY OF DEFENSE ON CYBERSECURITY MATTERS.
Section 1659 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is amended by adding
at the end the following new subsection:
``(f) Support Center.--
``(1) Establishment.--The Secretary shall establish a center to
provide support to the consortium established under subsection (a).
``(2) Composition.--
``(A) Requirement.--The center established under paragraph
(1) shall be composed of one or two universities, as the
Secretary considers appropriate, that--
``(i) have been designated as centers of academic
excellence by the Director of the National Security Agency
or the Secretary of Homeland Security; and
``(ii) are eligible for access to classified
information.
``(B) Publication.--The Secretary shall publish in the
Federal Register the process for selection of universities to
serve as the center established under paragraph (1).
``(3) Functions.--The functions of the center established under
paragraph (1) are as follows:
``(A) To promote the consortium established under
subsection (a).
``(B) To distribute on behalf of the Department requests
for information or assistance to members of the consortium.
``(C) To collect and assemble responses from requests
distributed under subparagraph (B).
``(D) To provide additional administrative support for the
consortium.''.
SEC. 1506. ALIGNMENT OF DEPARTMENT OF DEFENSE CYBER INTERNATIONAL
STRATEGY WITH NATIONAL DEFENSE STRATEGY AND DEPARTMENT OF DEFENSE CYBER
STRATEGY.
(a) Alignment Required.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Policy and in coordination with the
commanders of the combatant commands and the Director of the Joint
Staff, shall undertake efforts to align the cybersecurity cooperation
enterprise of the Department of Defense and the cyberspace operational
partnerships of the Department with--
(1) the national defense strategy published in 2022 pursuant to
section 113(g) of title 10, United States Code;
(2) the Cyber Strategy of the Department published during
fiscal year 2023; and
(3) the current International Cyberspace Security Cooperation
Guidance of the Department, as of the date of the enactment of this
Act.
(b) Elements.--The alignment efforts under subsection (a) shall
include the following efforts within the Department of Defense:
(1) Efforts to build the internal capacity of the Department to
support international strategy policy engagements with allies and
partners of the United States.
(2) Efforts to coordinate and align cyberspace operations with
foreign partners of the United States, including alignment between
hunt-forward missions and other cyber international strategy
activities conducted by the Department, including identification of
processes, working groups, and methods to facilitate coordination
between geographic combatant commands and the United States Cyber
Command.
(3) Efforts to deliberately cultivate operational and
intelligence-sharing partnerships with key allies and partners of
the United States to advance the cyberspace operations objectives
of the Department.
(4) Efforts to identify key allied and partner networks,
infrastructure, and systems that the Joint Force will rely upon for
warfighting and to--
(A) support the cybersecurity and cyber defense of those
networks, infrastructure, and systems;
(B) build partner capacity to actively defend those
networks, infrastructure, and systems;
(C) eradicate malicious cyber activity that has compromised
those networks, infrastructure, and systems, such as when
identified through hunt-forward operations; and
(D) leverage the commercial and military cybersecurity
technology and services of the United States to harden and
defend those networks, infrastructure, and systems.
(5) Efforts to secure the environments and networks of mission
partners of the United States used to hold intelligence and
information originated by the United States.
(6) Prioritization schemas, funding requirements, and efficacy
metrics to drive cyberspace security investments in the tools,
technologies, and capacity-building efforts that will have the
greatest positive impact on the resilience and ability of the
Department to execute its operational plans and achieve integrated
deterrence.
(c) Organization.--The Under Secretary of Defense for Policy shall
lead efforts to implement this section. In doing so, the Under
Secretary shall consult with the Secretary of State, the National Cyber
Director, the Director of the Cybersecurity and Infrastructure Security
Agency, and the Director of the Federal Bureau of Investigation, to
align plans and programs as appropriate.
(d) Annual Briefings.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once each
fiscal year until September 30, 2025, the Under Secretary of
Defense for Policy shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing
on the implementation of this section.
(2) Contents.--Each briefing under paragraph (1) shall include
the following:
(A) An overview of efforts undertaken pursuant to this
section.
(B) An accounting of all the security cooperation
activities of the Department germane to cyberspace and changes
made pursuant to implementation of this section.
(C) A detailed schedule with target milestones and required
expenditures for all planned activities related to the efforts
described in subsection (b).
(D) Interim and final metrics for building the cyberspace
security cooperation enterprise of the Department.
(E) Identification of such additional funding, authorities,
and policies, as the Under Secretary determines may be
required.
(F) Such recommendations as the Under Secretary may have
for legislative action to improve the effectiveness of
cyberspace security cooperation of the Department with foreign
partners and allies.
(e) Annual Report.--Not later than 90 days after the date of the
enactment of this Act and not less frequently than once each year
thereafter until January 1, 2025, the Under Secretary of Defense for
Policy shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report summarizing the cyber international strategy activities of the
Department, including within the cybersecurity cooperation enterprise
of the Department and the cyber operational partnerships of the
Department.
SEC. 1507. ENHANCEMENT OF CYBERSPACE TRAINING AND SECURITY COOPERATION.
(a) Enhanced Training.--
(1) Requirement.--The Under Secretary of Defense for
Intelligence and Security and the Under Secretary of Defense for
Policy, in coordination with the Commander of United States Cyber
Command, the Director of the Defense Security Cooperation Agency,
and the Director of the Defense Intelligence Agency, shall develop
enhanced guidance for and implement training on cyberspace security
cooperation at the Defense Security Cooperation University and the
Joint Military Attache School.
(2) Timing.--The Under Secretaries shall develop the enhanced
guidance and implement the training under paragraph (1)--
(A) by not later than one year after the date of the
enactment of this Act with respect to the Joint Military
Attache School; and
(B) by not later than September 30, 2025, with respect to
the Defense Security Cooperation University.
(3) Elements.--The Under Secretaries shall ensure that the
training on cyberspace security cooperation under paragraph (1)--
(A) is tailored to the trainees' anticipated embassy role
and functions; and
(B) provides familiarity with--
(i) the different purposes of cyberspace engagements
with partners and allies of the United States, including
threat awareness, cybersecurity, mission assurance, and
operations;
(ii) the types of cyberspace security cooperation
programs and activities available for partners and allies
of the United States, including bilateral and multilateral
cyberspace engagements, information and intelligence
sharing, training, and exercises;
(iii) the United States Cyber Command cyberspace
operations with partners, including an overview of the Hunt
Forward mission and process;
(iv) the roles and responsibilities of the United
States Cyber Command, the geographic combatant commands,
and the Defense Security Cooperation Agency for
cybersecurity cooperation within the Department of Defense;
and
(v) such other matters as the Under Secretaries, in
coordination with the Commander of United States Cyber
Command, consider appropriate.
(4) Requirements.--The baseline familiarization training
developed under subsection (a) shall be a required element for all
participants in the Defense Security Cooperation University, the
Attache Training Program, and the Attache Staff Training Program of
the Joint Military Attache School.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Intelligence
and Security and the Under Secretary of Defense for Policy, in
coordination with the Commander of the United States Cyber Command, the
Director of the Defense Security Cooperation Agency, and the Director
of the Defense Intelligence Agency, shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the requirements and considerations to implement enhanced training
and coordination to advance cyberspace security cooperation with
foreign partners. The study may consider such areas as the following:
(1) Sufficiency of the training provided in the Defense
Security Cooperation University and the Joint Military Attache
School.
(2) Additional training requirements, familiarization
requirements, or both such requirements necessary for officers
assigned to particular locations or positions.
(3) Areas for increased cooperation.
(4) A plan for completing the activities required by subsection
(a).
(5) Additional resources required to complete such activities.
(c) Briefing.--Not later than 30 days after the date on which the
Under Secretary of Defense for Intelligence and Security and the Under
Secretary of Defense for Policy submit the report under subsection (b),
the Under Secretaries, in coordination with the Commander of the United
States Cyber Command, the Director of the Defense Security Cooperation
Agency, and the Director of the Defense Intelligence Agency, shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the findings from the report on
enhancing training and coordination to advance cyberspace security
cooperation described in such subsection. Such briefing shall include a
discussion on the enhanced training meeting the elements under
subsection (a)(3) and a plan for future updates and sustainment of such
training.
SEC. 1508. MILITARY CYBERSECURITY COOPERATION WITH HASHEMITE KINGDOM OF
JORDAN.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Policy, in concurrence with the
Secretary of State and in coordination with the Commander of the United
States Cyber Command and the Commander of the United States Central
Command, shall seek to engage the Ministry of Defense of the Hashemite
Kingdom of Jordan for the purpose of expanding cooperation of military
cybersecurity activities.
(b) Cooperation Efforts.--In expanding the cooperation of military
cybersecurity activities between the Department of Defense and the
Ministry of Defense of the Hashemite Kingdom of Jordan under subsection
(a), the Secretary of Defense may carry out the following efforts:
(1) Bilateral cybersecurity training activities and exercises.
(2) Efforts to--
(A) actively defend military networks, infrastructure, and
systems;
(B) eradicate malicious cyber activity that has compromised
those networks, infrastructure, and systems; and
(C) leverage United States commercial and military
cybersecurity technology and services to harden and defend
those networks, infrastructure, and systems.
(3) Establishment of a regional cybersecurity center.
(c) Briefings.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Secretary of State, shall provide to the appropriate
congressional committees a briefing on the implementation of this
section.
(2) Contents.--The briefing under paragraph (1) shall include
the following:
(A) An overview of efforts undertaken pursuant to this
section.
(B) A description of the feasibility and advisability of
expanding the cooperation of military cybersecurity activities
between the Department of Defense and the Ministry of Defense
of the Hashemite Kingdom of Jordan.
(C) Identification of any challenges and resources that
need to be addressed so as to expand such cooperation.
(D) Any other matter the Secretary determines relevant.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1509. MANAGEMENT AND OVERSIGHT OF JOINT CYBER WARFIGHTING
ARCHITECTURE.
(a) Establishment of Offices.--
(1) Requirement.--The Secretary of Defense, in consultation
with the Commander of the United States Cyber Command, shall
establish within the United States Cyber Command--
(A) a program executive office; and
(B) one or more subordinate program management offices
under the program executive office.
(2) Responsibilities.--The offices established pursuant to
paragraph (1) shall--
(A) oversee, manage, and execute the Joint Cyber
Warfighting Architecture;
(B) oversee, manage, and execute the programs designated,
or to be designated, as part of the Joint Cyber Warfighting
Architecture;
(C) conduct mission engineering, architecting, and design
of the Joint Cyber Warfighting Architecture system of systems,
and any successor effort;
(D) maintain a validated Joint Cyber Warfighting
Architecture system of systems mission architecture, updated
regularly to inform the current and future constituent programs
of the Joint Cyber Warfighting Architecture, and the continuous
delivery pipelines of such programs;
(E) ensure that the Joint Cyber Warfighting Architecture
component solution architectures align with and support the
Joint Cyber Warfighting Architecture system of systems mission
architecture;
(F) support integration of mission-specific capabilities,
including mission-specific data, analytics, defensive tools,
offensive tools, and intelligence systems, acquired through
non-Joint Cyber Warfighting Architecture programs; and
(G) carry out any other responsibilities determined
appropriate by the Secretary of Defense, including the
acquisition of cyber operations capabilities beyond the Joint
Cyber Warfighting Architecture.
(3) Apportionment of responsibilities.--The Commander shall
apportion the responsibilities under paragraph (2) across the
offices established pursuant to paragraph (1).
(4) Authority.--The Secretary shall ensure that the offices
established pursuant to paragraph (1) are empowered with the
authority necessary to compel and enforce compliance with decisions
and directives issued pursuant to the responsibilities under
paragraph (2).
(b) Architecture Components.--The Commander shall serve as the sole
sponsor and requirements manager for the Joint Cyber Warfighting
Architecture and the constituent programs of such architecture, as
determined by the Commander.
(c) Organization of Program Executive Office.--
(1) Head.--
(A) Reporting.--The head of the program executive office
established under subsection (a)(1)(A) shall report to the
Command Acquisition Executive of the United States Cyber
Command.
(B) Additional oversight.--In addition to the oversight of
the head of the program executive office provided by the
Command Acquisition Executive under subparagraph (A), the Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Research and Engineering, and the
Principal Cyber Advisor of the Department of Defense shall
provide oversight of the head.
(2) Responsibilities.--The head of the program executive office
shall--
(A) exercise central technical authority for the Joint
Cyber Warfighting Architecture;
(B) manage and provide oversight of the implementation and
integration of the Architecture; and
(C) provide direction to subordinate program offices, as
determined appropriate by the Commander.
(d) Personnel.--
(1) Necessary positions.--The Commander of the United States
Cyber Command shall ensure that the program executive office or any
subordinate program management office established pursuant to
subsection (a)(1) includes in the staff of the respective office a
chief architect, a systems engineer, and a chief talent officer
to--
(A) develop a mission-driven Joint Cyber Warfighting
Architecture optimized for execution of missions of the United
States Cyber Command;
(B) ensure the office is properly and effectively staffed;
and
(C) advise the head of the office with respect to the
execution of--
(i) the central technical authority for the Joint Cyber
Warfighting Architecture;
(ii) the management of the implementation and
integration of the Joint Cyber Warfighting Architecture;
and
(iii) technical direction provided to subordinates
responsible for individual Joint Cyber Warfighting
Architecture programs.
(2) Staffing.--
(A) In general.--The Secretary of Defense, in coordination
with the Commander of the United States Cyber Command, shall
ensure that the offices established pursuant to subsection
(a)(1) are appropriately staffed with expert talent, including
from the following organizations, as appropriate:
(i) The headquarters staff of the United States Cyber
Command, the Cyber National Mission Force, the Joint Force
Headquarters-Cyber, and the Cyber Mission Force.
(ii) The Capabilities Directorate of the National
Security Agency.
(iii) The military departments.
(iv) The Cyber Capabilities Support Office of the Air
Force.
(v) The Defense Advanced Research Projects Agency.
(vi) The Strategic Capabilities Office.
(vii) Research laboratories of the military
departments.
(viii) The Defense Information Systems Agency.
(B) Technical talent.--In addition to the requirement under
subparagraph (A), to support the permanent staffing of the
offices established pursuant to subsection (a)(1), the
Commander of the United States Cyber Command shall ensure that
the offices deliberately hire and use technical talent resident
in the defense industrial base, commercial technology industry,
federally funded research and development centers, university
affiliated research centers, and the rest of the Federal
Government.
(e) Budget Execution Control.--The Secretary shall provide to the
United States Cyber Command the resources necessary to support the
program executive office established under subsection (a)(1)(A) and the
Commander of the United States Cyber Command shall exercise budget
execution control over component programs of the Joint Cyber
Warfighting Architecture that are subject to the responsibilities
assigned to the Commander by section 1507 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C.
167b note).
(f) Constellation Program.--The Director of the Defense Advanced
Research Projects Agency and the head of the program executive office
established under subsection (a)(1)(A) shall plan and carry out the
Constellation program by entering into transactions under section 4021
of title 10, United States Code. In carrying out the preceding
sentence, the Secretary shall establish an effective framework and
pipeline system for maturing cyber operations-relevant technologies
developed by the Agency, integrating the technologies into Joint Cyber
Warfighting Architecture capabilities, and transitioning the
technologies into operational use by the United States Cyber Command.
(g) Transition.--The Secretary of Defense, in coordination with the
Commander of the United States Cyber Command, shall transition
responsibilities for the management and execution of Joint Cyber
Warfighting Architecture programs from the military departments to the
offices established pursuant to subsection (a)(1) by the earlier of the
following:
(1) The date on which--
(A) the offices are appropriately staffed and resourced;
and
(B) the Commander determines that the transition is
appropriate.
(2) The date that is five years after the date of the enactment
of this Act.
(h) Review.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment and the Commander of the United States Cyber Command,
in coordination with the Under Secretary of Defense for Research and
Engineering, the Principal Cyber Advisor of the Department of Defense,
the Secretaries of the military departments, the Director of the
Defense Advanced Research Projects Agency, and the Director of the
National Security Agency, shall submit to the congressional defense
committees an integrated review of the Joint Cyber Warfighting
Architecture and all other capabilities required for the execution of
the missions of the United States Cyber Command to determine the
following:
(1) The extent to which capabilities of the United States Cyber
Command and the National Security Agency should be joint, mutually
available, integrated, or interoperable.
(2) Whether each of the Joint Cyber Warfighting Architecture
capabilities has been effectively designed and architected to
enable each of the missions of the United States Cyber Command.
(3) How the Joint Cyber Warfighting Architecture will support
defense of the Department of Defense Information Network and its
relation to existing datasets, sensors, tools, firewalls, and
capabilities deployed at each echelon of the Department of Defense
Information Network.
(4) What data, capabilities, and technologies external to the
current Joint Cyber Warfighting Architecture programs, as of the
date of the review, should be acquired as part of the Joint Cyber
Warfighting Architecture and under the control of the offices
established pursuant to subsection (a)(1).
(5) What mission-specific data, capabilities, and technologies
external to the current Joint Cyber Warfighting Architecture
programs should integrate with or be interoperable with the Joint
Cyber Warfighting Architecture system of systems.
(6) The organization and staffing of such offices, including--
(A) whether the program executive office should be
responsible for overseeing the acquisition of the cyber
operations capabilities of the United States Cyber Command
generally or the Joint Cyber Warfighting Architecture
specifically;
(B) what subordinate program management offices should be
established under the program executive office;
(C) whether the Joint Cyber Warfighting Architecture
programs should be consolidated within a single program
management office; and
(D) which personnel should be appointed to such offices
pursuant to subsection (d)(1).
(7) The timeline for the execution of the transition under
subsection (g).
(8) The acquisition strategy of the Department for procuring
the Joint Cyber Warfighting Architecture and related capabilities,
including relevant enterprise strategic initiatives and contracting
strategies.
(9) The responsibilities of the United States Cyber Command J2,
J3, J5, J6, J8, and J9 in acquiring, authorizing, and managing
cyber capabilities.
(10) The physical locations of the offices established pursuant
to subsection (a)(1).
(i) Briefing Required.--Not later than 540 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment and the Commander of the United States
Cyber Command shall jointly provide to the congressional defense
committees a briefing on the status of the implementation of this
section.
(j) Repeal.--Section 1645 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 4571 note prec.) is
repealed.
(k) Joint Cyber Warfighting Architecture Defined.--In this section,
the term ``Joint Cyber Warfighting Architecture'' means the range of
joint cyber warfighting systems and capabilities that support the full
spectrum of military cyber operations, as designated by the Commander
of the United States Cyber Command, and includes any such successor
effort.
SEC. 1510. INTEGRATED NON-KINETIC FORCE DEVELOPMENT.
(a) Force Development.--
(1) In general.--The Secretary of Defense shall establish
forces, capabilities, and information support to enable the
delivery of non-kinetic effects that provide increased
survivability and effectiveness of military forces within a defense
planning scenario.
(2) Force planning.--To support the development of the forces,
capabilities, and information support under paragraph (1), the
Secretary shall establish a force planning activity to identify and
define the relevant forces, capabilities, and information support
required to develop and deliver non-kinetic effects within a
defense planning scenario. The Secretary shall ensure that the
force planning activity identifies--
(A) desired operational effects within such scenario;
(B) the gaps that limit the ability to access important
targets, the development of capabilities, the conduct of
mission planning, and the execution of operations to deliver
such effects;
(C) the collection systems, analytic expertise and
capacity, analytic tools and processes, foreign materiel, and
product lines required to support development and delivery of
such effects;
(D) the forces required to deliver such effects, including
associated doctrine, training, expertise, organization,
authorities, and command and control arrangements; and
(E) the cyber, electronic warfare, sensing, and
communications capabilities, and delivery platforms and
mechanisms, required to achieve such effects and the extent to
which such capabilities, platforms, and mechanisms should be
integrated with each other.
(3) Initial organization structure.--During an initial period
of not less than 24 months, the Under Secretary of Defense for
Research and Engineering shall organize the force planning activity
established under paragraph (2). The Under Secretary shall
designate a planning official from the Office of the Under
Secretary for Research and Engineering to lead development and
execution of the force planning activity, in coordination with
staff designated by the Director of the Joint Staff of the Joint
Chiefs of Staff. The designated planning official shall select a
lead technical director. After such initial period, the Secretary
may re-assign the force planning activity to another organization
under different leadership.
(4) Plan for follow-on activities.--Not later than 270 days
after the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees a plan for follow-on
activities regarding the delivery of non-kinetic effects described
in paragraph (1). The Secretary shall ensure the plan--
(A) includes the identification of dedicated resources to
be controlled by the designated planning official described in
paragraph (3) and an approach under which the planning official
apportions such resources across the Department of Defense to
establish, augment, and accelerate new and ongoing activities
described in paragraph (1) and subsections (b), (c), and (d);
and
(B) identifies--
(i) a dedicated program element for non-kinetic force
development;
(ii) the suitability of the mission management
authorities established through the pilot program under
section 871 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 191 note);
(iii) the utility of using joint capability technology
demonstrations to drive prototyping, experimentation, and
technical integration of non-kinetic capabilities;
(iv) how the Rapid Defense Experimentation Reserve
might drive prototyping, experimentation, and technical
integration of non-kinetic capabilities; and
(v) alignment with other experimentation activities
with the appropriate combatant commands.
(5) Implementation.--During the initial period specified in
paragraph (3), the designated planning official described in such
paragraph shall report directly to the Deputy Secretary of Defense,
to whom the official shall provide updates and recommendations not
less frequently than quarterly. The Secretary shall ensure that the
force planning activity established under paragraph (2) is
supported by representatives from the military services, relevant
combatant commands, the Strategic Capabilities Office, the Defense
Advanced Research Projects Agency, and other elements within the
Department of Defense, as appropriate.
(b) Forces.--In order to generate the forces identified in
subsection (a)(2)(D), the Secretary of Defense shall--
(1) through the Secretaries of the military departments and the
heads of other Department of Defense components, as appropriate,
establish appropriate forces and accompanying doctrine, training,
and tradecraft;
(2) acting through the Vice Chairman of the Joint Chiefs of
Staff, serving as the Chairman of the Joint Requirements Oversight
Council, ensure that appropriate requirements exist to guide the
development and fielding of forces and means to deliver non-kinetic
effects within a defense planning scenario;
(3) through the Under Secretary of Defense for Policy, in
coordination with the Chairman of the Joint Chiefs of Staff and the
combatant commands, establish appropriate command and control
structures and relationships governing such forces; and
(4) determine the appropriate responsibilities of--
(A) Cyber Mission Force of the United States Cyber Command;
(B) cyber, electronic warfare, and space forces provided to
other combatant commands; and
(C) other operational entities within the Department of
Defense in delivering non-kinetic effects.
(c) Capabilities.--In order to develop the capabilities identified
in subsection (a)(2)(E), the Secretary of Defense, acting through the
Director of the Defense Advanced Research Projects Agency, the Director
of the Strategic Capabilities Office, the Secretaries of the military
departments, and the heads of other elements of the Department of
Defense, shall develop the capabilities required for the delivery of
non-kinetic effects within a defense planning scenario.
(d) Policy.--The Secretary of Defense, acting through the Under
Secretary of Defense for Policy and in coordination with the Chairman
of the Joint Chiefs of Staff, shall develop policy governing the
delivery of non-kinetic effects within a defense planning scenario.
(e) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the status of the
implementation of this section.
(f) Non-kinetic Effects Defined.--In this section, the term ``non-
kinetic effects'' means effects achieved through radio-frequency
transmission of integrated cyber and electronic warfare techniques and
other related and supporting technical measures.
SEC. 1511. PROTECTION OF CRITICAL INFRASTRUCTURE.
(a) In General.--In the event that the President determines that
there is an active, systematic, and ongoing campaign of attacks in
cyberspace by a foreign power against the Government or the critical
infrastructure of the United States, the President may authorize the
Secretary of Defense, acting through the Commander of the United States
Cyber Command, to conduct military cyber activities or operations
pursuant to section 394 of title 10, United States Code, in foreign
cyberspace to deter, safeguard, or defend against such attacks.
(b) Affirmation of Scope of Cyber Activities or Operations.--
Congress affirms that the cyber activities or operations referred to in
subsection (a), when appropriately authorized, shall be conducted
consistent with section 394 of title 10, United States Code.
(c) Definition of Critical Infrastructure.--In this section, the
term ``critical infrastructure'' has the meaning given that term in
subsection (e) of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e)).
SEC. 1512. BUDGET DISPLAY FOR CRYPTOGRAPHIC MODERNIZATION ACTIVITIES
FOR CERTAIN SYSTEMS OF THE DEPARTMENT OF DEFENSE.
(a) Display Required.--Beginning with fiscal year 2024, and for
each fiscal year thereafter, the Secretary of Defense shall include
with the budget justification materials submitted to Congress in
support of the budget of the Department of Defense for that fiscal year
(as submitted with the budget of the President under section 1105(a) of
title 31, United States Code) a consolidated cryptographic
modernization budget justification display for each Department of
Defense system or asset that is protected by cryptography and subject
to certification by the National Security Agency (in this section,
referred to as ``covered items'').
(b) Elements.--Each display included under subsection (a) for a
fiscal year shall include the following:
(1) Cryptographic modernization activities.--(A) Whether, in
accordance with the schedule established under section 153(a) of
the William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 142 note), the
cryptographic modernization for each covered item is pending, in
progress, complete, or, pursuant to paragraph (2) of such section,
extended.
(B) The funding required for the covered fiscal year and for
each subsequent fiscal year of the Future Years Defense Program to
complete the pending or in progress cryptographic modernization by
the required replacement date of each covered item.
(C)(i) A description of deviations between the funding annually
required to complete the modernization prior to the required
replacement date and the funding requested and planned within the
Future Years Defense Program.
(ii) An explanation--
(I) justifying the deviations; and
(II) of whether or how any delays resulting from a
deviation shall be overcome to meet the required replacement
date.
(D) A description of operational or security risks resulting
from each deviation from the modernization schedule required to
meet replacement dates, including a current intelligence assessment
of adversary progress on exploiting the covered item.
(E) For any covered item that remains in service past its
required replacement date, a description of the number of times the
covered item has been extended and the circumstances attending each
such extension.
(2) Mitigation activities for covered items.--(A) Whether
activities to mitigate the risks associated with projected failure
to replace a covered item by the required replacement date are
planned, in progress, or complete.
(B) The funding required for the covered fiscal year and for
each subsequent fiscal year for required mitigation activities to
complete any planned, pending, or in progress mitigation activities
for a covered item.
(C) A description of the activities planned in the covered
fiscal year and each subsequent fiscal year to complete mitigation
activities and an explanation of the efficacy of the mitigations.
(c) Form.--The display required by subsection (a) shall be included
in unclassified form, but may include a classified annex.
SEC. 1513. ESTABLISHING PROJECTS FOR DATA MANAGEMENT, ARTIFICIAL
INTELLIGENCE, AND DIGITAL SOLUTIONS.
(a) Establishment of Priority Projects.--The Deputy Secretary of
Defense shall--
(1) establish priority enterprise projects for data management,
artificial intelligence, and digital solutions for both business
efficiency and warfighting capabilities intended to accelerate
decision advantage; and
(2) assign responsibilities for execution and funding of the
projects established under paragraph (1).
(b) Actions Required.--To ensure implementation of the priority
projects of the Deputy Secretary of Defense under subsection (a), and
to instill data science and technology as a core discipline in the
Department of Defense, the Deputy Secretary shall--
(1) hold the heads of components accountable for--
(A) making their component's data available for use
pursuant to the memorandum of the Deputy Secretary of Defense
dated May 5, 2021, and titled ``Creating Data Advantage'', in
accordance with plans developed and approved by the head of the
component and the Deputy Secretary;
(B) developing, implementing, and reporting measurable
actions to acquire, preserve, and grow the population of
government and contractor personnel with expertise in data
management, artificial intelligence, and digital solutions;
(C) making their components use data management practices,
analytics processes, enterprise cloud computing environments,
and operational test environments that are made available and
specifically approved by the head of the component and the
Deputy Secretary;
(D) identifying and reporting on an annual basis for Deputy
Secretary approval those ongoing programs and activities and
new initiatives within their components to which the component
head determines should be applied advanced analytics, digital
technology, and artificial intelligence; and
(E) developing and implementing cybersecurity and
artificial intelligence security solutions, including
preventative and mitigative technical solutions, red team
assessments, to protect artificial intelligence systems, data,
development processes, and applications from adversary actions;
(2) require the Chief Digital and Artificial Intelligence
Officer, in coordination with the heads of components, to develop
and report on an actionable plan for the Deputy Secretary to reform
the technologies, policies, and processes used to support
accreditation and authority to operate decisions to enable rapid
deployment into operational environments of newly developed
government, contractor, and commercial data management, artificial
intelligence, and digital solutions software;
(3) require the Under Secretary of Defense for Personnel and
Readiness, in coordination with the Chief Digital and Artificial
Intelligence Officer and heads of components to define and
establish career paths, work roles, and occupational specialties
for civilian and military personnel in the fields of data
management, artificial intelligence, and digital solutions for the
Deputy Secretary's approval; and
(4) establish a Departmental management reform goal for
adoption and integration artificial intelligence or machine
learning into business and warfighting processes, including the
tracking of metrics, milestones, and initiatives to measure the
progress of the Department in meeting that goal.
(c) Briefings Required.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter until December 31,
2025, the Deputy Secretary shall provide to the congressional defense
committees a briefing on directives issued by the Deputy Secretary to
implement the requirements of this section and the status of
implementation actions.
(d) Component Defined.--In this section, the term ``component''
means a military department, a combatant command, or a Defense Agency
of the Department of Defense.
SEC. 1514. OPERATIONAL TESTING FOR COMMERCIAL CYBERSECURITY
CAPABILITIES.
(a) Development and Submission of Plans.--Not later than February
1, 2024, the Chief Information Officer of the Department of Defense and
the Chief Information Officers of the military departments shall
develop and submit plans described in subsection (b) to the Director of
Operational Test and Evaluation who may approve the implementation of
the plans pursuant to subsection (c).
(b) Plans Described.--The plans described in this subsection are
plans that--
(1) ensure covered cybersecurity capabilities are appropriately
tested, evaluated, and proven operationally effective, suitable,
and survivable prior to operation on a Department of Defense
network; and
(2) specify how test results will be expeditiously provided to
the Director of Operational Test and Evaluation.
(c) Assessment.--In reviewing the plans submitted under subsection
(a), the Director of Operational Test and Evaluation shall conduct an
assessment that includes consideration of the following:
(1) Threat-realistic operational testing, including
representative environments, variation of operational conditions,
and inclusion of a realistic opposing force.
(2) The use of Department of Defense cyber red teams, as well
as any enabling contract language required to permit threat-
representative red team assessments.
(3) Collaboration with the personnel using the commercial
cybersecurity capability regarding the results of the testing to
improve operators' ability to recognize and defend against
cyberattacks.
(4) The extent to which additional resources may be needed to
remediate any shortfalls in capability to make the commercial
cybersecurity capability effective, suitable, and cyber survivable
in an operational environment of the Department.
(5) Identification of training requirements, and changes to
training, sustainment practices, or concepts of operation or
employment that may be needed to ensure the effectiveness,
suitability, and cyber survivability of the commercial
cybersecurity capability.
(d) Policies and Regulations.--Not later than February 1, 2024, the
Secretary of Defense shall issue such policies and guidance and
prescribe such regulations as the Secretary determines necessary to
carry out this section.
(e) Reports.--Not later than January 31, 2025, and not less
frequently than annually thereafter until January 31, 2030, the
Director shall include in each annual report required by section 139(h)
of title 10, United States Code, the following:
(1) The status of the plans developed under subsection (a).
(2) The number and type of test and evaluation events completed
in the past year for such plans, disaggregated by component of the
Department, and including resources devoted to each event.
(3) The results from such test and evaluation events, including
any resource shortfalls affecting the number of commercial
cybersecurity capabilities that could be assessed.
(4) A summary of identified categories of common gaps and
shortfalls found during testing.
(5) The extent to which entities responsible for developing and
testing commercial cybersecurity capabilities have responded to
recommendations made by the Director in an effort to gain favorable
determinations.
(6) Any identified lessons learned that would impact training,
sustainment, or concepts of operation or employment decisions
relating to the assessed commercial cybersecurity capabilities.
(f) Definition.--In this section, the term ``covered cybersecurity
capabilities'' means any of the following:
(1) Commercial products (as defined in section 103 of title 41,
United States Code) acquired and deployed by the Department of
Defense to satisfy the cybersecurity requirements of one or more
Department components.
(2) Commercially available off-the-shelf items (as defined in
section 104 of title 41, United States Code) acquired and deployed
by the Department of Defense to satisfy the cybersecurity
requirements of one or more Department components.
(3) Noncommercial items acquired through the Adaptive
Acquisition Framework and deployed by the Department of Defense to
satisfy the cybersecurity requirements of one or more Department
components.
Subtitle B--Information Operations
SEC. 1521. REQUIREMENT TO NOTIFY CHIEF OF MISSION OF MILITARY OPERATION
IN THE INFORMATION ENVIRONMENT.
Chapter 19 of title 10, United States Code, as amended by section
1551, is further amended by adding at the end the following new section
(and conforming the table of sections at the beginning of such chapter
accordingly):
``Sec. 399. Notifications relating to military operations in the
information environment: requirement to notify Chief of Mission
``The Secretary may not authorize a military operation in the
information environment under this title intended to cause an effect in
a country unless the Secretary fully informs the chief of mission for
that country under section 207 of the Foreign Service Act of 1980 (22
U.S.C. 3927) of the planned operation.''.
SEC. 1522. ASSESSMENT AND OPTIMIZATION OF DEPARTMENT OF DEFENSE
INFORMATION AND INFLUENCE OPERATIONS CONDUCTED THROUGH CYBERSPACE.
(a) Assessment and Plan.--Not later than 90 days after the date of
the enactment of this Act, the Principal Information Operations Advisor
and the Principal Cyber Advisor to the Secretary of Defense shall
complete both an assessment and an optimization plan for information
and influence operations conducted through cyberspace.
(b) Elements.--The assessment under subsection (a) shall include
the following:
(1) An inventory of the components of the Department of Defense
conducting information and influence operations conducted through
cyberspace.
(2) An examination of sufficiency of resources allocated for
information and influence operations conducted through cyberspace.
(3) An evaluation of the command and control, oversight, and
management of matters related to information and influence
operations conducted through cyberspace across the Office of the
Secretary of Defense and the Joint Staff.
(4) An evaluation of the existing execution, coordination,
synchronization, deconfliction, and consultative procedures and
mechanisms for information and influence operations conducted
through cyberspace.
(5) Any other matters determined relevant by the Principal
Information Operations Advisor and the Principal Cyber Advisor to
the Secretary of Defense.
(c) Optimization Plan.--The optimization plan under subsection (a)
shall include the following:
(1) Actions that the Department will implement to improve the
execution, coordination, synchronization, deconfliction, and
consultative procedures and mechanisms for information and
influence operations conducted through cyberspace.
(2) An evaluation of potential organizational changes required
to optimize information and influence operations conducted through
cyberspace.
(3) Any other matters determined relevant by the Principal
Information Operations Advisor and the Principal Cyber Advisor to
the Secretary of Defense.
(d) Briefings.--Not later than 30 days after completing the
assessment and optimization plan under subsection (a), the Principal
Information Operations Advisor and the Principal Cyber Advisor to the
Secretary of Defense shall provide to the congressional defense
committees a briefing on the assessment and plan.
(e) Implementation.--Not later than 180 days after the date on
which the briefing is provided under subsection (d), the Secretary of
Defense shall implement the optimization plan under subsection (a).
SEC. 1523. JOINT INFORMATION OPERATIONS COURSE.
(a) Joint Information Operations Course.--The Secretary of Defense
shall develop and provide to members of the Army, Navy, Air Force,
Marine Corps, and Space Force a course to prepare the members to plan
and conduct information operations in a joint environment pursuant to
title 10, United States Code. Such course shall include--
(1) standardized qualifications and procedures to enable the
joint and synchronized employment of information-related
capabilities in the information environment;
(2) joint methods to implement information operations in a
battlefield environment under any ground force chain of command;
and
(3) a curriculum covering applicable assets, core information
operations concepts, integration of effects with a specific focus
on information-related effects, operational methodology, multi-
dimensional targeting space, other information-related capabilities
defined by governing policy, instruction, publications, and
doctrine, and any other topics or areas determined necessary by the
Secretary.
(b) Consideration of Ongoing Efforts.--The Secretary shall ensure
that the course under subsection (a) is developed in light of the
information operations posture review, gap analysis, strategy update,
and designation of a Joint Force Trainer, occurring as of the date of
the enactment of this Act.
(c) Semiannual Reports.--Subsequent to the development of the
course under subsection (a), on a semiannual basis through January 1,
2028, the Secretary shall submit to the congressional defense
committees a report on the course. Each report shall include, with
respect to the period covered by the report--
(1) the number of members described in subsection (a) who
attended the course; and
(2) an assessment of the value of the course in--
(A) conducting joint operations in the information
environment; and
(B) the synchronized employment of information-related
capabilities in the information environment.
SEC. 1524. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF JOINT LEXICON FOR TERMS RELATED TO INFORMATION OPERATIONS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for operation and maintenance,
Defense-wide, and available for the Office of the Secretary of Defense
for the travel of persons, not more than 75 percent may be obligated or
expended until the date on which the Secretary submits to the
Committees on Armed Services of the House of Representatives and the
Senate the joint lexicon for terms related to information operations
required by section 1631(g)(1)(D) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 397 note).
SEC. 1525. LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMITTAL OF
INFORMATION OPERATIONS STRATEGY AND POSTURE REVIEW.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for operation and maintenance,
Defense-wide, for the Office of the Secretary of Defense for the travel
of persons, not more than 75 percent may be obligated or expended until
the date that is 15 days after the date on which the Secretary of
Defense submits to the Committees on Armed Services of the Senate and
the House of Representatives the information operations strategy and
posture review, including the designation of Information Operations
Force Providers and Information Operations Joint Force Trainers for the
Department of Defense, as required by section 1631(g) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 397 note).
SEC. 1526. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF ASSESSMENTS RELATING TO CYBERSECURITY OF THE DEFENSE INDUSTRIAL
BASE.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for operation and
maintenance, Defense-wide, and available for the Office of the
Secretary of Defense, not more than 75 percent may be obligated or
expended until the Deputy Secretary of Defense--
(1) conducts the assessments under subsection (b); and
(2) provides to the congressional defense committees the
briefing under subsection (c).
(b) Assessments.--The Deputy Secretary shall conduct the following
assessments:
(1) An assessment of the framework for cybersecurity of the
defense industrial base required by section 1648 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92;
10 U.S.C. 2224 note) to determine whether--
(A) the current framework and plans for defense industrial
base cybersecurity are sufficient; and
(B) alternative or additional courses of action should be
considered or adopted, including--
(i) establishing a secure software development
environment in a cloud environment inside the cybersecurity
perimeter of the Department for contractors to perform
their development work;
(ii) establishing a secure cloud environment through
which contractors may access the data of the Department
needed for their contract work;
(iii) enabling contractors to access cybersecurity-as-
a-service offerings, including cybersecurity services
provided by the Department;
(iv) limiting the amount of program information held at
tiers of subcontractors to that which is necessary for
contract performance; and
(v) mechanisms and processes to rationalize and
integrate the many separately managed defense industrial
base cybersecurity programs and activities conducted across
the Department of Defense.
(2) An assessment of past and future planned activities of the
Department of Defense in furtherance of section 1724 of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 10 U.S.C. 2224), including a
detailed review of roles and responsibilities, and supporting
instructions and policy documents, for the Principal Cyber Advisor
of the Department of Defense, the Chief Information Officer of the
Department of Defense, the Under Secretary of Defense for
Acquisition and Sustainment, the Under Secretary of Defense for
Policy, and the Under Secretary of Defense for Intelligence and
Security, and the Under Secretary of Defense (Comptroller).
(c) Briefing.--The Deputy Secretary shall provide to the
congressional defense committees a briefing on the assessments
conducted under subsection (b) and any decisions of and directions by
the Deputy Secretary for improving the cybersecurity of the defense
industrial base.
Subtitle C--Personnel
SEC. 1531. CYBER OPERATIONS-PECULIAR AWARDS.
Chapter 57 of title 10, United States Code, is amended by inserting
after section 1124 the following new section:
``Sec. 1124a. Cyber operations-peculiar awards
``(a) Authority.--The Secretary of Defense and the Secretaries of
the military departments may authorize the payment of a cash award to,
and incur necessary expense for the honorary recognition of, a member
of the covered armed forces whose novel actions, invention, or
technical achievement enables or ensures operational outcomes in or
through cyberspace against threats to national security.
``(b) Actions During Service.--An award under this section may be
paid notwithstanding the member's death, separation, or retirement from
the covered armed forces. However, the novel action, invention, or
technical achievement forming the basis for the award must have been
made while the member was on active duty or in an active reserve status
and not otherwise eligible for an award under chapter 45 of title 5.
``(c) Payment.--Awards to, and expenses for the honorary
recognition of, members of the covered armed forces under this section
may be paid from--
``(1) the funds or appropriations available to the activity
primarily benefiting from the novel action, invention, or technical
achievement; or
``(2) the several funds or appropriations of the various
activities benefiting from the novel action, invention, or
technical achievement.
``(d) Amounts.--The total amount of the award, or awards, made
under this section for a novel action, invention, or technical
achievement may not exceed $2,500, regardless of the number of persons
who may be entitled to share therein.
``(e) Regulations.--Awards under this section shall be made under
regulations to be prescribed by the Secretary of Defense or by the
Secretaries of the military departments.
``(f) Covered Armed Forces Defined.--In this section, the term
`covered armed forces' means the Army, Navy, Air Force, Marine Corps,
and Space Force.''.
SEC. 1532. ESTABLISHMENT OF CYBER OPERATIONS DESIGNATOR AND RATING FOR
THE NAVY.
(a) Military Career Field.--
(1) Officers.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy, in coordination
with the Chief of Naval Operations, shall establish a cyber warfare
operations designator for officers (including an intended billet
base, functions, and training pipeline), which shall be a separate
designator from the cryptologic warfare officer designator.
(2) Enlisted.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in coordination with the
Chief, shall establish a cyber warfare rating for enlisted
personnel (including an intended billet base, functions, and
training pipeline), which shall be a separate rating from the
cryptologic technician enlisted rating.
(3) Plan.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in coordination with the
Chief, shall submit to the Committees on Armed Services of the
House of Representatives and the Senate an implementation plan to
carry out paragraphs (1) and (2).
(b) Requirement.--
(1) Deadline.--Except as provided by paragraphs (2) and (3),
the Secretary shall ensure that, beginning October 1, 2025, members
of the Navy assigned to the cyber mission force shall be qualified
with either the designator or rating established under subsection
(a), as the case may be.
(2) Exception.--The requirement under paragraph (1) shall not
apply to--
(A) a member of the Navy who is assigned to the cyber
mission force under orders issued before October 1, 2025; or
(B) a position whose primary function is the provision of
intelligence, foreign language, or administrative support to
the cyber mission force.
(3) Waiver.--The Secretary may waive, on a case-by-case basis,
the requirement under paragraph (1), except that the total number
of such waivers made during a fiscal year may not exceed 10 percent
of the total number of members of the Navy assigned to the cyber
mission force (not counting members assigned to a position
described in paragraph (2)(B)).
(c) Reserve Matters.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in coordination with the Chief,
shall direct the Chief of Navy Reserve to establish, and retain, a
cadre of members of the Navy Reserve with the designator and rating
established under subsection (a).
(d) Officer Qualifications and Training.--The Secretary, in
coordination with the Chief of Naval Operations and in consultation
with the Commander of the United States Cyber Command, shall ensure
that the designator established under subsection (a)(1) includes the
development and execution of a training curriculum and qualification
standards commensurate with those of the cyber officers of the Army and
the Air Force.
(e) Community Management.--Not later than 270 days after the date
of the enactment of this Act, the Secretary, acting through the
Principal Cyber Advisor of the Navy, shall submit to the congressional
defense committees, and provide to such committees a briefing on, the
findings of a study on whether the designator and rating established
under subsection (a), along with the Maritime Space Officer and the
Cyberspace Warfare Engineer, should continue to be considered part of
the information warfare community.
(f) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and Senate a report
certifying that the following actions have been carried out or are in
the process of being completed (including detailed explanations):
(1) An identification by the Chief of Naval Operations of the
resource manager within the Office of the Chief of Naval Operations
for the designator and rating established under subsection (a).
(2) An identification by the Chief of the type command at
United States Fleet Forces Command responsible for manning and
training the designator and rating established under subsection
(a).
(3) An inventory of those billets within the Cyber Mission
Force, or any other service or joint assignment that requires
personnel (both officer and enlisted) to conduct operations through
cyberspace.
(4) An inventory and position description of the those
positions within the Cyber Mission Force that have been identified
under subsection (b)(2)(B).
(5) A funding profile detailing the complete costs associated
with the designator and rating established under subsection (a),
including costs associated with meeting the training requirements
of the United States Cyber Command for the period covered by the
most recent future-years defense program submitted to Congress
under section 221 of title 10, United States Code.
(6) An inventory of all flag officer positions at joint and
naval components and commands conducting or managing cyberspace
operations and activities, including with respect to--
(A) the United States Cyber Command;
(B) the Fleet Cyber Command;
(C) Joint Forces Headquarters-Cyber, Navy;
(D) 10th Fleet;
(E) the Deputy Chief of Naval Operations for Information
Warfare and the Director of Naval Intelligence; and
(F) Naval Information Forces.
(7) An update to the plan required under subsection (a)(3),
including timelines and procedures, for filling the positions
within the cyber mission force for which the Secretary is
responsible.
(8) Any anticipated changes to the end-strength of the Navy by
reason of establishing the designator and rating under subsection
(a).
(9) The implementation of the designator and rating established
under subsection (a) within the Navy Reserve.
(10) The development and execution of the training curriculum
and qualification standards under subsection (d).
(g) Leadership Qualifications.--The Secretary shall ensure that
flag officers with the cyber warfare operations designator established
under subsection (a) are primarily employed in billets identified under
subsection (f)(6).
(h) Determination by Cyber Command.--Not later than 60 days after
the date on which the Secretary submits the report under subsection
(f), the Commander of the United States Cyber Command shall submit to
the Committees on Armed Services of the House of Representatives and
Senate a determination with respect to whether the matters contained in
the report satisfy the requirements of the United States Cyber Command.
SEC. 1533. TOTAL FORCE GENERATION FOR THE CYBERSPACE OPERATIONS FORCES.
(a) Study.--
(1) Requirement.--Not later than June 1, 2024, the Secretary of
Defense shall complete a study on the responsibilities of the
military services for organizing, training, and presenting the
total force to United States Cyber Command.
(2) Elements.--The study under paragraph (1) shall assess the
following:
(A) Which military services should man, train, equip, and
organize the forces necessary to execute the functions and
missions of the Cyber Mission Force and the Cyberspace
Operations Forces for assignment, allocation, and apportionment
to, or under the directive authority of, the United States
Cyber Command.
(B) The sufficiency of the military service accession and
training model to provide forces to the Cyberspace Operations
Forces and the sufficiency of the accessions and personnel
resourcing of the supporting command and control staffs
necessary as a component to the United States Cyber Command.
(C) The organization of the Cyber Mission Forces and
whether the total forces or elements of the forces function
best as a collection of independent teams or through a
different model.
(D) How to correct chronic shortages of proficient
personnel in key work roles.
(E) The need for additional work roles or skills to enable
effective infrastructure management and generate access to
targets.
(F) What unique or training-intensive expertise is required
for each of the work roles identified in subparagraph (E) and
whether native talents to master unique and training-intensive
work roles can be identified and how personnel with those
talents can be developed, retained, and employed across the
active and reserve components.
(G) The appropriate pay scales, rotation or force
management policies, career paths and progression, expertise-
based grading, talent management practices, and training for
each of those work roles, given expected operational
requirements.
(H) Whether a single military service should be responsible
for basic, intermediate, and advanced training for the Cyber
Mission Force.
(I) The level of training required before an individual
should be assigned, allocated, or apportioned to the United
States Cyber Command.
(J) Whether or how the duties of the Director of the
National Security Agency and the duties of the Commander of
United States Cyber Command, resting with a single individual,
enable each respective organization, and whether technical
directors and intelligence experts of the National Security
Agency should serve rotations in the Cyber Mission Force.
(K) How nonmilitary personnel, such as civilian government
employees, contracted experts, commercial partners, and domain
or technology-specific experts in industry or the intelligence
community can serve in, augment, or support Cyber Mission Force
teams.
(L) What work roles in the Cyberspace Operations Forces can
only be filled by military personnel, which work roles can be
filled by civilian employees or contractors, and which work
roles should be filled partially or fully by civilians due to
the need for longevity of service to achieve required skill
levels or retention rates.
(M) How specialized cyber experience, developed and
maintained in the reserve component, can be more effectively
leveraged to support the Cyberspace Operations Forces through
innovative force generation models.
(N) Whether the Department of Defense should create a
separate service to perform the functions and missions
currently performed by Cyber Mission Force units generated by
multiple military services.
(O) Whether the Department of Defense is maximizing
partnerships with industry and other nontraditional sources of
expertise and capacity in the areas of critical infrastructure
protection and information sharing.
(P) Whether the Defense Readiness Reporting System of the
Department of Defense is sufficient to capture Cyber Mission
Force readiness metrics.
(3) Considerations.--The study required by paragraph (1) shall
consider existing models for total force generation practices and
programs, as well as nontraditional and creative alternatives.
(b) Recommendations.--
(1) In general.--Not later than June 1, 2024, the Principal
Cyber Advisor of the Department of Defense and the Commander of the
United States Cyber Command shall submit to the Secretary of
Defense one or more recommendations, respectively, as to the future
total force generation model for both the Cyber Mission Force and
the Cyberspace Operations Forces.
(2) Matters addressed.--The recommendations under paragraph (1)
shall address, at a minimum, each of the elements identified in
subsection (a)(2).
(c) Establishment of a Revised Model Required.--
(1) In general.--Not later than December 31, 2024, the
Secretary of Defense shall establish a revised total force
generation model for the Cyberspace Operations Forces.
(2) Elements.--In establishing a revised total force generation
model under paragraph (1), the Secretary shall explicitly determine
the following:
(A) Whether the Navy should no longer be responsible for
developing and presenting forces to the United States Cyber
Command as part of the Cyber Mission Force or Cyberspace
Operations Forces, including recommendations for corresponding
transfer of responsibilities and associated resources and
personnel for the existing and future year programmed
Cyberspace Operations Forces or Cyber Mission Force resources.
(B) Whether a single military service should be responsible
for organizing, training, and equipping the Cyberspace
Operations Forces, or if different services should be
responsible for different components of the Cyberspace
Operations Forces.
(C) Whether modification of United States Cyber Command
enhanced budget control authorities are necessary to further
improve total force generation for Cyberspace Operations
Forces.
(D) Implications of low service retention rates for
critical roles within the Cyber Mission Force, and the mix of
actions necessary to correct them, including multiple rotations
in critical work roles, length of service commitments, repeat
tours within the Cyber Mission Force, retention incentives
across the entire Cyberspace Operations Forces, and best
practices for generating the future force.
(d) Implementation Plan.--Not later than June 1, 2025, the
Secretary shall submit to the congressional defense committees an
implementation plan for effecting the revised total force generation
model required under subsection (c).
(e) Progress Briefing.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than once every 180
days thereafter until receipt of the plan required by subsection (d),
the Secretary shall provide the congressional defense committees with a
briefing on the progress made in carrying out this section.
(f) Additional Considerations.--The Secretary shall ensure that
subsections (a) through (c) are carried out with consideration to
matters relating to the following:
(1) The cybersecurity service providers, local defenders, and
information technology personnel who own, operate, and defend the
information networks of the Department of Defense.
(2) Equipping the Cyberspace Operations Forces to include
infrastructure management.
(3) Providing intelligence support to the Cyberspace Operations
Forces.
(4) The resources, including billets, needed to account for any
recommended changes.
SEC. 1534. CORRECTING CYBER MISSION FORCE READINESS SHORTFALLS.
(a) Plan and Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, the
Chairman of the Joint Chiefs of Staff, and the Secretaries of the
military departments shall jointly--
(1) develop a near-term plan to correct readiness shortfalls in
the Cyber Mission Forces over the period covered by the most recent
future-years defense program submitted to Congress under section
221 of title 10, United States Code;
(2) develop recommendations for such legislative action as the
Secretary of Defense, the Chairman, and the Secretaries of the
military departments jointly consider appropriate to correct the
readiness shortfalls described in paragraph (1); and
(3) provide to the congressional defense committees a briefing
on the plan under paragraph (1) and the recommendations under
paragraph (2).
(b) Implementation.--Not later than 30 days after the date of the
briefing provided under paragraph (3) of subsection (a), the Secretary
of Defense and the Chairman shall commence implementation of the
aspects of the plan developed under paragraph (1) of such subsection
that are not dependent upon legislative action.
(c) Matters to Be Addressed.--In developing the plan under
paragraph (1) of subsection (a), the Secretary of Defense, the
Chairman, and the Secretaries of the military departments shall
consider and explicitly address through analysis the following
potential courses of action, singly and in combination, to increase the
availability of personnel in key work roles:
(1) Determining the correct number of personnel necessary to
fill key work roles, including the proper force mix of civilian,
military, and contractor personnel, and the means necessary to meet
those requirements.
(2) Employing civilians rather than military personnel in key
work roles.
(3) Expanding training capacity.
(4) Modifying or creating new training models.
(5) Maximizing use of compensation and incentive authorities,
including increasing bonuses and special pays, and alternative
compensation mechanisms.
(6) Modifying career paths and service policies to permit
consecutive assignments in key work roles without jeopardizing
promotion opportunities.
(7) Increasing service commitments following training
commensurate with the value of the key work role training.
(8) Standardizing compensation models across the services.
(9) Requiring multiple rotations within the Cyber Mission
Forces for key work roles.
(10) Adopting and implementing what are known as ``rank in
person'' policies that enable civilian personnel to be promoted on
the basis of skills and abilities demonstrated in a given position.
(11) A review of departmental guidance and processes consistent
with section 167b(d)(2)(A)(x) of title 10, United States Code, with
respect to the authority of the Commander of United States Cyber
Command to monitor the promotions of certain cyber operations
forces and coordinate with the Secretaries regarding the
assignment, retention, training, professional military education,
and special and incentive pays of certain cyber operations forces,
including--
(A) the recruiting, retention, professional military
education, and promotion of certain cyber operations personnel;
(B) the sharing of personnel data between the military
departments and the United States Cyber Command; and
(C) structures, departmental guidance, and processes
developed between the military departments and the United
States Special Operations Command with respect to the authority
of the Commander of the United States Special Operations
Command described in section 167(e)(2)(J) of title 10, United
States Code, that could be used as a model for the United
States Cyber Command.
(d) Key Work Roles Defined.--In this section, the term ``key work
roles'' means work roles that consist of access development, tool
development, and exploitation analysis.
SEC. 1535. DEPARTMENT OF DEFENSE CYBER AND DIGITAL SERVICE ACADEMY.
(a) Establishment.--
(1) In general.--The Secretary of Defense, in consultation with
the Secretary of Homeland Security and the Director of the Office
of Personnel and Management, shall establish a program to provide
financial support for pursuit of programs of education at
institutions of high education in covered disciplines.
(2) Covered disciplines.--For purposes of the Program, a
covered discipline is a discipline that the Secretary of Defense
determines is critically needed and is cyber- or digital
technology-related, including the following:
(A) Computer-related arts and sciences.
(B) Cyber-related engineering.
(C) Cyber-related law and policy.
(D) Applied analytics related sciences, data management,
and digital engineering, including artificial intelligence and
machine learning.
(E) Such other disciplines relating to cyber,
cybersecurity, digital technology, or supporting functions as
the Secretary of Defense considers appropriate.
(3) Designation.--The program established under paragraph (1)
shall be known as the ``Department of Defense Cyber and Digital
Service Academy'' (in this section referred to as the ``Program'').
(b) Program Description and Components.--The Program shall--
(1) provide scholarships through institutions of higher
education to students who are enrolled in programs of education at
such institutions leading to degrees or specialized program
certifications in covered disciplines; and
(2) prioritize the placement of scholarship recipients
fulfilling the post-award employment obligation under this section.
(c) Scholarship Amounts.--
(1) Amount of assistance.--(A) Each scholarship under the
Program shall be in such amount as the Secretary determines
necessary--
(i) to pay all educational expenses incurred by that
person, including tuition, fees, cost of books, and laboratory
expenses, for the pursuit of the program of education for which
the assistance is provided under the Program; and
(ii) to provide a stipend for room and board.
(B) The Secretary shall ensure that expenses paid are limited
to those educational expenses normally incurred by students at the
institution of higher education involved.
(2) Support for internship activities.--The financial
assistance for a person under this section may also be provided to
support internship activities of the person in the Department of
Defense and combat support agencies in periods between the academic
years leading to the degree or specialized program certification
for which assistance is provided the person under the Program.
(3) Period of support.--Each scholarship under the Program
shall be for not more than 5 years.
(4) Additional stipend.--Students demonstrating financial need,
as determined by the Secretary, may be provided with an additional
stipend under the Program.
(d) Post-award Employment Obligations.--Each scholarship recipient,
as a condition of receiving a scholarship under the Program, shall
enter into an agreement under which the recipient agrees to work for a
period equal to the length of the scholarship, following receipt of the
student's degree or specialized program certification, in the cyber-
and digital technology-related missions of the Department, in
accordance with the terms and conditions specified by the Secretary in
regulations the Secretary shall promulgate to carry out this
subsection.
(e) Hiring Authority.--In carrying out this section, specifically
with respect to enforcing the obligations and conditions of employment
under subsection (d), the Secretary may use any authority otherwise
available to the Secretary for the recruitment, employment, and
retention of civilian personnel within the Department, including
authority under section 1599f of title 10, United States Code.
(f) Eligibility.--To be eligible to receive a scholarship under the
Program, an individual shall--
(1) be a citizen or lawful permanent resident of the United
States;
(2) demonstrate a commitment to a career in improving the
security of information technology or advancing the development and
application of digital technology;
(3) have demonstrated a high level of competency in relevant
knowledge, skills, and abilities, as defined by the national
cybersecurity awareness and education program under section 303 of
the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7443);
(4) be a full-time student, or have been accepted as a full-
time student, in a program leading to a degree or specialized
program certification in a covered discipline at an institution of
higher education;
(5) enter into an agreement accepting and acknowledging the
post award employment obligations, pursuant to section (d);
(6) accept and acknowledge the conditions of support under
section (g); and
(7) meet such other requirements for a scholarship as
determined appropriate by the Secretary.
(g) Conditions of Support.--
(1) In general.--As a condition of receiving a scholarship
under this section, a recipient shall agree to provide the Office
of Personnel Management (in coordination with the Department of
Defense) and the institutions of higher education described in
subsection (a)(1) with annual verifiable documentation of post-
award employment and up-to-date contact information.
(2) Terms.--A scholarship recipient under the Program shall be
liable to the United States as provided in subsection (i) if the
individual--
(A) fails to maintain an acceptable level of academic
standing at the applicable institution of higher education, as
determined by the Secretary;
(B) is dismissed from the applicable institution of higher
education for disciplinary reasons;
(C) withdraws from the eligible degree program before
completing the Program;
(D) declares that the individual does not intend to fulfill
the post-award employment obligation under this section;
(E) fails to maintain or fulfill any of the post-graduation
or post-award obligations or requirements of the individual; or
(F) fails to fulfill the requirements of paragraph (1).
(h) Monitoring Compliance.--As a condition of participating in the
Program, an institution of higher education shall--
(1) enter into an agreement with the Secretary to monitor the
compliance of scholarship recipients with respect to their post-
award employment obligations; and
(2) provide to the Secretary and the Director of the Office of
Personnel Management, on an annual basis, the post-award employment
documentation required under subsection (g)(1) for scholarship
recipients through the completion of their post-award employment
obligations.
(i) Amount of Repayment.--
(1) Less than 1 year of service.--If a circumstance described
in subsection (g)(2) occurs before the completion of 1 year of a
post-award employment obligation under the Program, the total
amount of scholarship awards received by the individual under the
Program shall be considered a debt to the Government and repaid in
its entirety.
(2) 1 or more years of service.--If a circumstance described in
subparagraph (D) or (E) of subsection (g)(2) occurs after the
completion of 1 or more years of a post-award employment obligation
under the Program, the total amount of scholarship awards received
by the individual under the Program, reduced by the ratio of the
number of years of service completed divided by the number of years
of service required, shall be considered a debt to the Government
and repaid in accordance with subsection (j).
(j) Repayments.--A debt described subsection (i) shall be subject
to repayment, together with interest thereon accruing from the date of
the scholarship award, in accordance with terms and conditions
specified by the Secretary in regulations promulgated to carry out this
subsection.
(k) Collection of Repayment.--
(1) In general.--In the event that a scholarship recipient is
required to repay the scholarship award under the Program, the
institution of higher education providing the scholarship shall--
(A) determine the repayment amounts and notify the
recipient, the Secretary, and the Director of the Office of
Personnel Management of the amounts owed; and
(B) collect the repayment amounts within a period of time
as determined by the Secretary.
(2) Returned to treasury.--Except as provided in paragraph (3),
any repayment under this subsection shall be returned to the
Treasury of the United States.
(3) Retain percentage.--An institution of higher education may
retain a percentage of any repayment the institution collects under
this subsection to defray administrative costs associated with the
collection. The Secretary shall establish a single, fixed
percentage that will apply to all eligible entities.
(l) Public Information.--
(1) Evaluation.--The Secretary, in coordination with the
Director of the Office of Personnel Management, shall periodically
evaluate and make public, in a manner that protects the personally
identifiable information of scholarship recipients, information on
the success of recruiting individuals for scholarships under the
Program and on hiring and retaining those individuals in the
Department of Defense workforce, including information on--
(A) placement rates;
(B) where students are placed, including job titles and
descriptions;
(C) salary ranges for students not released from
obligations under this section;
(D) how long after graduation students are placed;
(E) how long students stay in the positions they enter upon
graduation;
(F) how many students are released from obligations; and
(G) what, if any, remedial training is required.
(2) Reports.--The Secretary, in consultation with the Office of
Personnel Management, shall submit, not less frequently than once
every two years, to Congress a report, including--
(A) the results of the evaluation under paragraph (1);
(B) the disparity in any reporting between scholarship
recipients and their respective institutions of higher
education; and
(C) any recent statistics regarding the size, composition,
and educational requirements of the relevant Department of
Defense workforce.
(3) Resources.--The Secretary, in coordination with the
Director of the Office of Personnel Management, shall provide
consolidated and user-friendly online resources for prospective
scholarship recipients, including, to the extent practicable--
(A) searchable, up-to-date, and accurate information about
participating institutions of higher education and job
opportunities relating to covered disciplines; and
(B) a modernized description of careers in covered
disciplines.
(m) Allocation of Funding.--
(1) In general.--Not less than 50 percent of the amount
available for financial assistance under this section for a fiscal
year shall be available only for providing financial assistance for
the pursuit of programs of education referred to in subsection
(b)(1) at institutions of higher education that have established,
improved, or are administering programs of education in disciplines
under the grant program established in section 2200b of title 10,
United States Code, as determined by the Secretary.
(2) Associate degrees.--Not less than five percent of the
amount available for financial assistance under this section for a
fiscal year shall be available for providing financial assistance
for the pursuit of an associate degree at an institution described
in paragraph (1).
(n) Board of Directors.--In order to help identify workforce needs
and trends relevant to the Program, the Secretary may establish a board
of directors for the Program that consists of representatives of
Federal departments and agencies.
(o) Commencement of Program.--The Secretary shall commence the
Program as early as practicable, with the first scholarships awarded
under the Program for the academic year beginning no later than the
fall semester of 2024.
SEC. 1536. REPORT ON RECOMMENDATIONS FROM NAVY CIVILIAN CAREER PATH
STUDY.
(a) Report.--
(1) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to
the congressional defense committees a report on the
recommendations made in the report submitted to the congressional
defense committees under section 1653(a)(2) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1763) relating to improving cyber career paths in the Navy.
(2) Contents.--The report under paragraph (1) shall include the
following:
(A) A description of each recommendation described in such
paragraph that has already been implemented.
(B) A description of each recommendation described in such
paragraph that the Secretary has commenced implementing,
including a justification for determining to commence
implementing the recommendation.
(C) A description of each recommendation described in such
paragraph that the Secretary has not implemented or commenced
implementing and a determination as to whether or not to
implement the recommendation.
(D) For each recommendation under subparagraph (C) that the
Secretary determines to implement--
(i) a timeline for implementation;
(ii) a description of any additional resources or
authorities required for implementation; and
(iii) the plan for implementation.
(E) For each recommendation under subparagraph (C) that the
Secretary determines not to implement, a justification for the
determination not to implement.
(3) Format.--The report under paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
(b) Review by Comptroller General of the United States.--
(1) Review.--Not later than 180 days after the date on which
the Secretary submits the report under subsection (a), the
Comptroller General of the United States shall conduct a review of
such report.
(2) Elements.--The review under paragraph (1) shall include an
assessment of the following:
(A) The extent to which the Secretary has implemented the
recommendations described in subsection (a)(1).
(B) Additional recommended actions for the Secretary to
take to improve the readiness and retention of the cyber
workforce of the Navy.
(3) Interim briefing.--Not later than 90 days after the date on
which the Secretary submits the report under subsection (a), the
Comptroller General shall provide to the congressional defense
committees a briefing on the preliminary findings of the
Comptroller General with respect to the review conducted under
paragraph (1).
(4) Final report.--The Comptroller General shall submit to the
congressional defense committees a report on the findings of the
Comptroller General with respect to the review under paragraph (1)
at such time and in such format as is mutually agreed upon by the
committees and the Comptroller General at the time of the briefing
under paragraph (3).
SEC. 1537. STUDY TO DETERMINE OPTIMAL STRATEGY FOR STRUCTURING AND
MANNING ELEMENTS OF JOINT FORCE HEADQUARTERS-CYBER ORGANIZATIONS, JOINT
MISSION OPERATIONS CENTERS, AND CYBER OPERATIONS-INTEGRATED PLANNING
ELEMENTS.
(a) Study.--
(1) Requirement.--The Principal Cyber Advisor of the Department
of Defense, in coordination with the commanders of the combatant
commands, shall conduct a study to determine the optimal strategy
for structuring and manning elements of the following:
(A) Joint Force Headquarters Cyber Organizations.
(B) Joint Mission Operations Centers.
(C) Cyber Operations-Integrated Planning Elements.
(D) Joint Cyber Centers.
(2) Elements.--The study under paragraph (1) shall include an
assessment of each of the following:
(A) Operational effects on the military services if each of
the entities listed in subparagraphs (A) through (C) of
paragraph (1) are restructured from organizations that are
components of the military services to joint organizations.
(B) Existing barriers or impediments to designate positions
within each of the entities listed in such subparagraphs (A),
(B), and (C) as joint billets for joint qualification purposes.
(C) Operational and organizational effects on the military
services, the United States Cyber Command, other combatant
commands, and the Joint Staff if the entities listed in
subparagraphs (A) through (D) of paragraph (1) are realigned,
restructured, or consolidated.
(D) Operational and organizational effects and advisement
of standardizing a minimum set of roles and responsibilities of
the Joint Cyber Centers, or the equivalent entity, of the
combatant commands.
(E) Clarification of the relationship and differentiation
between Cyber Operations-Integrated Planning Elements and Joint
Cyber Centers of the combatant commands.
(F) A complete inventory of mission essential tasks for the
entities listed in such subparagraphs (A) through (D).
(G) A description of cyber activities in geographic and
functional combatant command campaign plans and resources
aligned to those activities.
(b) Briefings.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once every 120 days
until March 31, 2024, the Principal Cyber Advisor of the Department
shall provide to the Committees on Armed Services of the Senate and the
House of Representatives a briefing on the status of the study under
subsection (a).
(c) Report.--
(1) Requirement.--Not later than March 31, 2024, the Principal
Cyber Advisor of the Department shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report on the study under subsection (a).
(2) Contents.--The report under paragraph (1) shall contain the
following:
(A) The findings of the Principal Cyber Advisor with
respect to the study under subsection (a).
(B) Details of the operational and organizational effects
assessed under paragraph (2) of such subsection.
(C) A plan to carry out the transfer described in
subparagraph (B) of such paragraph and the associated costs, as
appropriate.
(D) A plan to realign, restructure, or consolidate the
entities listed in subparagraphs (A) through (D) of subsection
(a)(1).
(E) Such other matters as the Principal Cyber Advisor
considers appropriate.
SEC. 1538. MANNING REVIEW OF SPACE FORCE CYBER SQUADRONS.
(a) Requirement.--Not later than 210 days after the date of the
enactment of this Act, the Secretary of the Air Force, in coordination
with the Chief of Space Operations, shall submit to the congressional
defense committees a review of the manning required to fully staff the
current and planned cyber squadrons of the Space Force.
(b) Matters Included.--
(1) Elements.--The review under subsection (a) shall include
considerations of the following:
(A) The specific sourcing of existing billets of the Space
Force optimally postured for transfer to cyber squadrons.
(B) The administrative processes required to shift billets
and existing funding to cyber squadrons.
(C) The responsibilities and functions performed by
military personnel and civilian personnel.
(D) The benefits and risks to the Space Force approach of
transferring billets to cyber squadrons.
(2) Roadmap.--The review under subsection (a) shall include a
transition roadmap that outlines a comprehensive transition for the
transfer of billets described in paragraph (1) by not later than
September 30, 2024.
SEC. 1539. INDEPENDENT REVIEW OF POSTURE AND STAFFING LEVELS OF OFFICE
OF THE CHIEF INFORMATION OFFICER.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with an appropriate non-Department of Defense entity
for the conduct of a comprehensive review of the posture and adequacy
of the staffing levels of the Office of the Chief Information Officer
of the Department of Defense, as of the date of the enactment of this
Act.
(b) Matters for Consideration.--An agreement under subsection (a)
shall specify that the review conducted under the agreement shall
include the evaluation of each of the following:
(1) Any limitations or constraints of the Office of the Chief
Information Officer in performing the entirety of the
responsibilities specified in section 142(b) of title 10, United
States Code, and responsibilities assigned by the Secretary of
Defense, based on the staffing levels of the Office as of the date
of the enactment of this Act.
(2) The composition of civilian, military, and contractor
personnel assigned to the Office of the Chief Information Officer,
as of such date, including the occupational series and military
occupational specialties of such personnel, relative to the
responsibilities specified in paragraph (1).
(3) The organizational construct of the Office of the Chief
Information Officer, as of such date.
(c) Recommendations.--An agreement under subsection (a) shall
specify that the review conducted under the agreement shall include
recommendations for the Chief Information Officer and the congressional
defense committees, including recommendations derived from the matters
for consideration specified under subsection (b).
(d) Submission.--Not later than 30 days after the date of the
completion of the review under subsection (a), the Secretary of Defense
shall submit to the congressional defense committees a copy of the
review.
SEC. 1540. INDEPENDENT ASSESSMENT OF CIVILIAN CYBERSECURITY RESERVE FOR
DEPARTMENT OF DEFENSE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Defense shall seek to enter into an
agreement with a nonprofit entity or a federally funded research and
development center with expertise in cybersecurity and workforce
management to conduct an assessment of the feasibility and advisability
of creating and maintaining a civilian cybersecurity reserve corps to
enable the Department of Defense and military services to provide
qualified civilian manpower to the Department of Defense to effectively
respond to significant cyber incidents or to assist in solving other
exceptionally difficult cyber workforce-related challenges.
(b) Consideration of Prior Report.--
(1) In general.--In conducting the assessment required by
subsection (a), the entity or center shall take into consideration
the results of the evaluation of nontraditional cyber support to
the Department of Defense required by section 1730 of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283).
(2) Limitation on availability of funds pending submission of
report.--Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Under
Secretary of Defense for Policy, not more than 75 percent may be
obligated or expended until the date on which the Principal Cyber
Advisor submits the report referenced in paragraph (1).
(c) Elements.--The assessment conducted under subsection (a) shall
include analysis of the following matters:
(1) The feasibility of the concept of a civilian cybersecurity
reserve program, including an analysis of the available talent
pool, potential impact on employers, and propensity to serve.
(2) The likelihood of utilizing civilian cybersecurity
reservists to augment the existing Department of Defense workforce,
including an assessment of the duration of periods of activation.
(3) The result of outreach conducted with industry and State
and Federal Government agencies employing individuals likely to
meet qualification criteria for service in such a program.
(4) The necessity for participants to access classified
information, and the need to maintain appropriate security
clearances as a participant in the program, including while not in
Federal service.
(5) Appropriate compensation and benefits for members of such a
program.
(6) Activities that members may undertake as part of their
duties.
(7) Methods for identifying and recruiting members, including
alternative methods to traditional qualifications requirements.
(8) Methods for preventing conflicts of interest or other
ethical concerns as a result of participation in such a program.
(9) Resources, including funding levels, necessary to carry out
such a program.
(10) Potential penalties or other adverse action taken against
individuals who do not respond to activation when called.
(11) Any other matters the Secretary considers relevant for the
purpose of this assessment.
(d) Reports.--
(1) In general.--Not later than 270 days after the date on
which the Secretary enters into the agreement described in
subsection (a), such entity or center shall submit to the Secretary
a report on the results of the research and analysis under such
subsection.
(2) Submission to congress.--Not later than one year after the
date of enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House
of Representatives each of the following:
(A) A copy of the report submitted under paragraph (1)
without change.
(B) Any comments, changes, recommendations, or other
information provided by the Secretary of Defense relating to
the research and analysis conducted under subsection (a) and
contained in such report, including a specific recommendation
on whether a civilian cybersecurity reserve should be
established, as described in such subsection, or with
modification.
SEC. 1541. COMPREHENSIVE REVIEW OF CYBER EXCEPTED SERVICE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Chief Information Officer of the Department
of Defense and the Under Secretary of Defense for Personnel and
Readiness, in coordination with the Chief Digital and Artificial
Intelligence Officer and the Principal Cyber Advisor of the Department,
shall conduct a comprehensive review of the Cyber Excepted Service
established pursuant to section 1599f of title 10, United States Code.
(b) Elements.--The review required under subsection (a) shall
include the following:
(1) An assessment of barriers to participation in Cyber
Excepted Service positions, including--
(A) criteria for eligibility of potential Department of
Defense components and entities for participation in the Cyber
Excepted Service;
(B) potential and structural limitations of the Cyber
Excepted Service, including impediments to mobility or
advancement by civilian employees currently in billets coded
for Cyber Excepted Service;
(C) challenges to transition between competitive and
excepted service;
(D) matters relating to pay disparity and challenges with
compensation relative to the skill sets and value of such
civilian employees in the private sector;
(E) differences between compensation, incentives, benefits,
and access to career-broadening experiences;
(F) the eligibility for participation in the Cyber Excepted
Service of civilian employees who are assigned to the Office of
the Chief Digital and Artificial Intelligence Officer;
(G) the current and necessary mechanisms to deconflict
occasions when individuals can be considered eligible for two
or more excepted service systems; and
(H) any other barriers as determined by the Secretary.
(2) An evaluation of the process used in accepting
applications, assessing candidates, and the process for and effect
of adhering to provisions of law establishing preferences for
hiring eligible veterans, and selecting applicants for vacancies to
be filled by an individual for a Cyber Excepted Service position.
(3) An evaluation of current efforts to recruit and retain
employees in Cyber Excepted Service positions.
(4) A description of current performance metrics used in
evaluating the Cyber Excepted Service.
(5) An assessment of how current efforts to develop, sustain,
and improve the Cyber Excepted Service are integrated into the
strategic workforce planning of the Department.
(6) Current metrics for--
(A) the number of employees in Cyber Excepted Service
positions, disaggregated by occupation, grade, and level or pay
band;
(B) the placement of employees in Cyber Excepted Service
positions, disaggregated by military department, Defense
agency, or other component within the Department;
(C) the total number of veterans hired;
(D) the number of separations of employees in Cyber
Excepted Service positions, disaggregated by occupation, grade,
and level or pay band;
(E) the number of retirements of employees in Cyber
Excepted Service positions, disaggregated by occupation, grade,
and level or pay band;
(F) the number and amounts of recruitment, relocation, and
retention incentives paid to employees in Cyber Excepted
Service positions, disaggregated by occupation, grade, and
level or pay band; and
(G) the number of employees who declined transition to
qualified Cyber Excepted Service positions.
(7) An assessment of the training provided to supervisors of
employees in Cyber Excepted Service positions on the use of the new
authorities.
(8) An assessment of the implementation of section
1599f(a)(1)(A) of title 10, United States Code, including--
(A) how each military department, Defense agency, or other
component within the Department is incorporating or intends to
incorporate Cyber Excepted Service personnel in their cyber
mission workforce; and
(B) how the Cyber Excepted Service has allowed each
military department, Defense agency, or other component within
the Department to establish, recruit and retain personnel to
fill cyber mission workforce needs.
(9) Recommendations for the Secretary of Defense and the
congressional defense committees with respect to the improvement of
the Cyber Excepted Service, including recommendations derived from
the consideration of the elements specified in paragraphs (1)
through (8).
(c) Submission.--Not later than 30 days after the completion of the
review under subsection (a), the Chief Information Officer shall submit
to the congressional defense committees a copy of the review.
(d) Annual Update.--Not later than one year after the submission of
the review under subsection (c), and not less frequently than once each
year thereafter until September 30, 2028, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives an update
on progress made in enacting recommendations identified pursuant to
paragraph (9) of subsection (b) and a detailed report on Cyber Excepted
Service positions during the most recent one-year period, including--
(1) the metrics described in paragraph (6) of such subsection;
(2) an updated assessment under paragraph (8) of such
subsection from the current reporting period;
(3) an updated assessment on the effect of section 1599f of
title 10, United States Code, on the ability of the Department to
recruit, retain, and develop cyber professionals in the Department
over the current reporting period;
(4) an updated assessment on the barriers to participation
described in paragraph (1) of subsection (b) from the current
reporting period;
(5) proposed modifications to the Cyber Excepted Service; and
(6) such other matters as the Secretary considers appropriate.
(e) Definitions.--In this section:
(1) The term ``Cyber Excepted Service'' consists of those
positions established under section 1599f(a)(1)(A) of title 10,
United States Code.
(2) The term ``Cyber Excepted Service position'' means a
position in the Cyber Excepted Service.
Subtitle D--Reports and Other Matters
SEC. 1551. PILOT PROGRAM FOR SHARING CYBER CAPABILITIES AND RELATED
INFORMATION WITH FOREIGN OPERATIONAL PARTNERS.
(a) Authorization.--Chapter 19 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 398. Pilot program for sharing cyber capabilities and related
information with foreign operational partners
``(a) Authority to Establish Pilot Program to Share Cyber
Capabilities.--The Secretary of Defense may, with the concurrence of
the Secretary of State, provide cyber capabilities and related
information developed or procured by the Department of Defense to
foreign countries or organizations described in subsection (b) without
compensation, to meet operational imperatives if the Secretary of
Defense determines that the provision of such cyber capabilities is in
the national security interests of the United States.
``(b) List of Foreign Countries.--The Secretary of Defense, with
the concurrence of the Secretary of State, shall--
``(1) establish--
``(A) a list of foreign countries that the Secretary of
Defense considers suitable for sharing of cyber capabilities
and related information under the authority established under
paragraph (a); and
``(B) criteria for establishing the list under subparagraph
(A);
``(2) not later than 14 days after establishing the list
required by paragraph (a), submit to the appropriate committees of
Congress such list; and
``(3) notify the appropriate committees of Congress in writing
of any changes to the list established under clause (1) at least 14
days prior to the adoption of any such changes.
``(c) Procedures.--Prior to the first use of the authority provided
by subsection (a), the Secretaries of Defense and State shall--
``(1) establish and submit to the appropriate committees of
Congress procedures for a coordination process for subsection (a)
that is consistent with the operational timelines required to
support the national security of the United States; and
``(2) notify the appropriate committees of Congress in writing
of any changes to the procedures established under paragraph (1) at
least 14 days prior to the adoption of any such changes.
``(d) Notification Required.--(1) The Secretary of Defense and
Secretary of State jointly shall promptly submit to the appropriate
committees of Congress notice in writing of any use of the authority
provided by subsection (a) no later than 48 hours following the use of
the authority.
``(2) Notification under paragraph (1) shall include a
certification that the provision of the cyber capabilities was in the
national security interests of the United States.
``(3) The notification under paragraph (1) shall include an
analysis of whether the transfer and the underlying operational
imperative could have been met using another authority.
``(e) Termination.--The authority established under paragraph (a)
shall terminate on the date that is 3 years after the date on which
this authority becomes law.
``(f) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the congressional defense committees;
``(B) the Committee on Foreign Relations of the Senate; and
``(C) Committee on Foreign Affairs of the House of
Representatives.
``(2) The term `cyber capability' means a device or computer
program, including any combination of software, firmware, or
hardware, designed to create an effect in or through cyberspace.
``(g) Rule of Construction.--Nothing in this section shall be
construed as amending, diminishing, or otherwise impacting reporting or
other obligations under the War Powers Resolution.''.
(b) Table of Sections Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:
``398. Pilot program for sharing cyber capabilities and related
information with foreign operational partners.''.
SEC. 1552. DEMONSTRATION PROGRAM FOR CYBER AND INFORMATION TECHNOLOGY
BUDGET DATA ANALYTICS.
(a) Demonstration Program.--
(1) Requirement.--Not later than February 1, 2024, the Chief
Information Officer of the Department of Defense shall, in
coordination with the Chief Digital and Artificial Intelligence
Officer, complete a pilot program to demonstrate the application of
advanced data analytics to the fiscal year 2024 budget data of a
military department for the purpose of identifying total cyber and
information technology spending and the distribution of such
resources across budget line items that are and are not identified,
labeled, or categorized in a manner that would indicate that funds
included in such line items will be expended on cyber and
information technology activities.
(2) Coordination with military departments.--In carrying out
the demonstration program under subsection (a), the Chief
Information Officer shall, in coordination with the Secretary of
the Air Force, the Secretary of the Army, and the Secretary of the
Navy, select a military department for participation in the
demonstration program.
(b) Elements.--The demonstration program under subsection (a) shall
include--
(1) efforts to identify planned expenditures for cyber and
information technology that are not captured in the total figures
for cyber and information technology reported annually to Congress
in support of the President's budget submission and in budget
documents and briefings to Congress on the cyber and information
technology programs and activities;
(2) efforts to improve transparency in cyber and information
technology budget information to identify cyber and information
technology activities funded out of noncyber and noninformation
technology budget lines, including by the use of qualitative
techniques such as semantic analysis or natural language processing
technologies;
(3) metrics developed to assess the effectiveness of the
demonstration program;
(4) a cost tradeoff analysis of implementing these cyber and
information technology data analytics across the entire budget of
the Department of Defense;
(5) existing or planned efforts to use these data analytics to
make budget decisions; and
(6) existing or planned efforts to incorporate these data
analytics into materials presented to Congress through the budget
submission process.
(c) Briefing.--
(1) Initial briefing.--Not later than 120 days after the date
of the enactment of this Act, the Chief Information Officer shall
provide the Committees on Armed Services of the Senate and the
House of Representatives a briefing on the plans and status of the
Chief Information Officer with respect to the demonstration program
under subsection (a).
(2) Final briefing.--Not later than March 1, 2024, the Chief
Information Officer shall provide the Committees on Armed Services
of the Senate and the House of Representatives a briefing on the
results and findings of the Chief Information Officer with respect
to the demonstration program under subsection (a), including the
following:
(A) Recommendations for expansion of the demonstration
program to the entire cyber and information technology budget
of the Department.
(B) Plans for incorporating data analytics into the
congressional budget submission process for the cyber and
information technology budget of the Department.
SEC. 1553. PLAN FOR COMMERCIAL CLOUD TEST AND EVALUATION.
(a) Policy and Plan.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense, in consultation with
commercial industry, shall implement a policy and plan for test and
evaluation of the cybersecurity of the clouds of commercial cloud
service providers that provide, or are intended to provide, storage or
computing of classified data of the Department of Defense.
(b) Contents.--The policy and plan under subsection (a) shall
include the following:
(1) A requirement that, beginning on the date of the enactment
of this Act, future contracts with cloud service providers for
storage or computing of classified data of the Department include
provisions that permit the Secretary to conduct independent,
threat-realistic assessments of the commercial cloud
infrastructure, including with respect to--
(A) the storage, compute, and enabling elements, including
the control plane and virtualization hypervisor for mission
elements of the Department supported by the cloud provider; and
(B) the supporting systems used in the fulfillment,
facilitation, or operations relating to the mission of the
Department under the contract, including the interfaces with
these systems.
(2) An explanation as to how the Secretary intends to proceed
on amending existing contracts with cloud service providers to
permit the same level of assessments required for future contracts
under paragraph (1).
(3) Identification and description of any proposed tiered test
and evaluation requirements aligned with different impact and
classification levels.
(c) Waiver Authority.--The Secretary may include in the policy and
plan under subsection (a) an authority to waive any requirement under
subsection (b) if the waiver is jointly approved by the Chief
Information Officer of the Department of Defense and the Director of
Operational Test and Evaluation.
(d) Submission.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives the
policy and plan under subsection (a).
(e) Threat-realistic Assessment Defined.--In this section, the term
``threat-realistic assessments'' means, with respect to commercial
cloud infrastructure, activities that--
(1) are designed to accurately emulate cyber threats from
advanced nation state adversaries, such as Russia and China; and
(2) include cooperative penetration testing and no-notice
threat-emulation activities where personnel of the Department of
Defense attempt to penetrate and gain control of the cloud-provider
facilities, networks, systems, and defenses associated with, or
which enable, the supported missions of the Department.
SEC. 1554. ROADMAP AND IMPLEMENTATION PLAN FOR CYBER ADOPTION OF
ARTIFICIAL INTELLIGENCE.
(a) Roadmap and Implementation Plan Required.--Not later than 270
days after the date of the enactment of this Act, the Commander of the
United States Cyber Command and the Chief Information Officer of the
Department of Defense, in coordination with the Chief Digital and
Artificial Intelligence Officer of the Department, the Director of the
Defense Advanced Research Projects Agency, the Director of the National
Security Agency, and the Under Secretary of Defense for Research and
Engineering, shall jointly develop a five-year roadmap and
implementation plan for rapidly adopting and acquiring artificial
intelligence systems, applications, and supporting data and data
management processes for the Cyberspace Operations Forces of the
Department of Defense.
(b) Elements.--The roadmap and implementation plan required by
subsection (a) shall include the following:
(1) Identification and prioritization of artificial
intelligence systems, applications, data identification, and
processing to cyber missions within the Department, and
ameliorating threats to, and from, artificial intelligence systems,
including--
(A) advancing the cybersecurity of Department systems with
artificial intelligence;
(B) uses of artificial intelligence for cyber effects
operations;
(C) assessing and mitigating vulnerabilities of artificial
intelligence systems supporting cybersecurity and cyber
operations to attacks; and
(D) defending against adversary artificial intelligence-
based cyber attacks.
(2) A plan to develop, acquire, adopt, and sustain the
artificial intelligence systems, applications, data, and processing
identified in paragraph (1).
(3) Roles and responsibilities for the following for adopting
and acquiring artificial intelligence systems, applications, and
data to cyber missions within the Department:
(A) The Commander of the United States Cyber Command.
(B) The Commander of Joint-Force Headquarters Department of
Defense Information Networks.
(C) The Chief Information Officer of the Department.
(D) The Chief Digital and Artificial Intelligence Officer
of the Department.
(E) The Under Secretary of Defense for Research and
Engineering.
(F) The Secretaries of the military departments.
(G) The Director of the National Security Agency.
(4) Identification of currently deployed, adopted, and acquired
artificial intelligence systems, applications, ongoing prototypes,
and data.
(5) Identification of current capability and skill gaps that
must be addressed prior to the development and adoption of
artificial intelligence applications identified in paragraph (1).
(6) Identification of opportunities to solicit operator utility
feedback through inclusion into research and development processes
and wargaming or experimentation events by developing a roadmap for
such processes and events, as well as a formalized process for
capturing and tracking lessons learned from such events to inform
the development community.
(7) Identification of long-term technology gaps for fulfilling
the Department's cyber warfighter mission to be addressed by
research relating to artificial intelligence by the science and
technology enterprise within the Department.
(8) Definition of a maturity model describing desired cyber
capabilities, agnostic of the enabling technology solutions,
including phases in the maturity model or identified milestones and
clearly identified areas for collaboration with relevant commercial
off the shelf and government off the shelf developers to address
requirements supporting capability gaps.
(9) Assessment, in partnership with the Director of the Defense
Intelligence Agency, of the threat posed by adversaries' use of
artificial intelligence to the cyberspace operations and the
security of the networks and artificial intelligence systems of the
Department in the next five years, including a net technical
assessment of United States and adversary activities to apply
artificial intelligence to cyberspace operations, and actions
planned to address that threat.
(10) A detailed schedule with target milestones, investments,
and required expenditures.
(11) Interim and final metrics of adoption of artificial
intelligence for each activity identified in the roadmap.
(12) Identification of such additional funding, authorities,
and policies as the Commander and the Chief Information Officer
jointly determine may be required.
(13) Such other topics as the Commander and the Chief
Information Officer jointly consider appropriate.
(c) Synchronization.--The Commander and the Chief Information
Officer shall ensure that the roadmap and implementation plan under
subsection (a) are synchronized and coordinated to be consistent with
section 1509.
(d) Briefing.--Not later than 30 days after the date on which the
Commander and the Chief Information Officer complete development of the
roadmap and implementation plan under subsection (a), the Commander and
the Chief Information Officer shall provide to the congressional
defense committees a classified briefing on the roadmap and
implementation plan.
SEC. 1555. REVIEW OF DEPARTMENT OF DEFENSE IMPLEMENTATION OF
RECOMMENDATIONS FROM DEFENSE SCIENCE BOARD CYBER REPORT.
(a) Review.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall complete a
review of the findings and recommendations presented in the June
2018 Defense Science Board report titled ``Cyber as a Strategic
Capability''.
(2) Elements.--The review under paragraph (1) shall include the
following:
(A) Identification of, and description of implementation
for, recommendations that have been implemented by the
Secretary.
(B) Identification of recommendations that have not yet
been fully implemented by the Secretary.
(C) Identification of the reasons why the recommendations
identified under subparagraph (B) were not implemented.
(D) Identification of such legislative or administrative
action as the Secretary determines necessary to implement the
recommendations identified under subparagraph (B).
(b) Report.--
(1) Requirement.--Not later than 30 days after the date on
which the review is completed under paragraph (1) of subsection
(a), the Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the
review, including a disclosure of the matters identified and
developed under paragraph (2) of such subsection.
(2) Form.--The report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1556. ANNUAL BRIEFING ON RELATIONSHIP BETWEEN NATIONAL SECURITY
AGENCY AND UNITED STATES CYBER COMMAND.
(a) Annual Briefings Required.--Not later than March 1, 2023, and
not less frequently than once each year thereafter until March 1, 2028,
the Secretary of Defense shall provide the congressional defense
committees a briefing on the relationship between the National Security
Agency and United States Cyber Command.
(b) Elements.--Each briefing provided under subsection (a) shall
include an annual assessment of the following:
(1) The resources, authorities, activities, missions,
facilities, and personnel used to conduct the relevant missions at
the National Security Agency as well as the cyber offense and
defense missions of United States Cyber Command.
(2) The processes used to manage risk, balance tradeoffs, and
work with partners to execute operations.
(3) An assessment of the operating environment and the
continuous need to balance tradeoffs to meet mission necessity and
effectiveness.
(4) An assessment of the operational effects resulting from the
relationship between the National Security Agency and United States
Cyber Command, including a list of specific operations conducted
over the previous year that were enabled by or benefitted from the
relationship.
(5) Such other topics as the Director of the National Security
Agency and the Commander of United States Cyber Command may
consider appropriate.
SEC. 1557. REVIEW OF DEFINITIONS ASSOCIATED WITH CYBERSPACE OPERATIONS
FORCES.
(a) Review.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Principal Cyber Advisor of the Department of Defense and the Principal
Cyber Advisors of the military departments, shall--
(1) review--
(A) the memorandum of the Secretary of Defense dated
December 12, 2019, concerning the definition of the term
``Department of Defense Cyberspace Operations Forces (DoD
COF)''; and
(B) the responsibilities of the Commander of the United
States Cyber Command as the Cyberspace Joint Force Provider and
Cyberspace Joint Force Trainer, with respect to forces included
and excluded from the Cyberspace Operations Forces; and
(2) update such memorandum and, as appropriate, update such
responsibilities.
(b) Elements.--The review under subsection (a) shall include the
following:
(1) A comprehensive assessment of units and components of the
Department of Defense conducting defensive cyberspace operations
which are not currently included in the definition specified in
paragraph (1)(A) of such subsection.
(2) Consideration of options for participation in the
Cyberspace Operations Forces by forces without regard to whether
the forces are included in such definition, including options under
which--
(A) forces currently excluded from the Cyberspace
Operations Forces because of such definition may access
training, resources, and expertise of the Cyberspace Operations
Forces;
(B) the Commander of the United States Cyber Command may
issue advisory tasking to forces that are not Cyberspace
Operations Forces pursuant to such definition; and
(C) forces that are not Cyberspace Operations Forces
pursuant to such definition are subject to training standards
established by the Commander as the Cyberspace Joint Force
Trainer.
SEC. 1558. ANNUAL ASSESSMENTS AND REPORTS ON ASSIGNMENT OF CERTAIN
BUDGET CONTROL RESPONSIBILITY TO COMMANDER OF UNITED STATES CYBER
COMMAND.
(a) Annual Assessments.--
(1) Requirement.--During fiscal year 2023, and not less
frequently than once each fiscal year thereafter through fiscal
year 2028, the Commander of the United States Cyber Command, in
coordination with the Principal Cyber Advisor of the Department of
Defense, shall assess the implementation of the transition of
responsibilities assigned to the Commander by section 1507(a)(1) of
the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81).
(2) Elements.--Each assessment carried out under paragraph (1)
shall include the following:
(A) An assessment of the operational and organizational
effect of section 1507(a)(1) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) on
the training, equipping, operation, sustainment, and readiness
of the Cyber Mission Forces.
(B) An inventory description of the cyber systems,
activities, capabilities, resources, and functions that have
been transferred from the military departments to control of
the Commander and those that have not been transitioned
pursuant to such section 1507(a)(1).
(C) An opinion by the Commander as to whether the cyber
systems, activities, capabilities, resources, and functions
that have not been so transitioned should be transitioned
pursuant to such section 1507(a)(1).
(D) An assessment of the adequacy of resources,
authorities, and policies required to implement such section
1507(a)(1), including organizational, functional, and personnel
matters.
(E) An assessment of the reliance on resources,
authorities, policies, or personnel external to United States
Cyber Command in support of the budget control of the
Commander.
(F) Identification of any outstanding areas for transition
pursuant to such section 1507(a)(1).
(G) An assessment of the organization established under
section 1509 and its performance relative to the requirements
of the Command.
(H) Such other matters as the Commander considers
appropriate.
(b) Annual Reports.--Not later than March 1, 2023, and annually
thereafter through 2028, the Commander shall submit to the
congressional defense committees a report on the findings of the
Commander with respect to the assessments under subsection (a).
SEC. 1559. ASSESSMENTS OF WEAPONS SYSTEMS VULNERABILITIES TO RADIO-
FREQUENCY ENABLED CYBER ATTACKS.
(a) Assessments.--The Secretary of Defense shall ensure that the
activities required by and conducted pursuant to section 1647 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1118), section 1637 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 221 note), and the amendments made by section 1712 of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4087) include regular
assessments of the vulnerabilities to and mission risks presented by
radio-frequency enabled cyber attacks with respect to the operational
technology embedded in weapons systems, aircraft, ships, ground
vehicles, space systems, sensors, and datalink networks of the
Department of Defense.
(b) Elements.--The assessments under subsection (a) with respect to
vulnerabilities and risks described in such subsection shall include--
(1) identification of such vulnerabilities and risks;
(2) ranking of vulnerability, severity, and priority;
(3) development and selection of options, with associated costs
and schedule, to correct such vulnerabilities, including
installation of intrusion detection capabilities;
(4) an evaluation of the cybersecurity sufficiency for Military
Standard 1553; and
(5) development of integrated risk-based plans to implement the
corrective actions selected.
(c) Development of Corrective Actions.--In developing corrective
actions under subsection (b)(3), the assessments under subsection (a)
shall--
(1) consider the missions supported by the assessed weapons
systems, aircraft, ships, ground vehicles, space systems, sensors,
or datalink networks, as the case may be, to ensure that the
corrective actions focus on the vulnerabilities that create the
greatest risks to the missions;
(2) be shared and coordinated with the principal staff
assistant with primary responsibility for the strategic
cybersecurity program; and
(3) address requirements for deployed and nondeployed members
of the Armed Forces to analyze data collected on the weapons
systems and respond to attacks.
(d) Intelligence Informed Assessments.--The assessments under
subsection (a) shall be informed by intelligence, if available, and
technical judgment regarding potential threats to embedded operational
technology during operations of the Armed Forces.
(e) Coordination.--
(1) Coordination and integration of activities.--The
assessments under subsection (a) shall be fully coordinated and
integrated with activities described in such subsection.
(2) Coordination of organizations.--The Secretary shall ensure
that the organizations conducting the assessments under subsection
(a) in the military departments, the United States Special
Operations Command, and the Defense Agencies coordinate with each
other and share best practices, vulnerability analyses, and
technical solutions with the principal staff assistant with primary
responsibility for the Strategic Cybersecurity Program.
(f) Briefings.--Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the congressional
defense committees briefings from the organizations specified under
subsection (e)(2), as appropriate, on the activities and plans required
under this section.
SEC. 1560. BRIEFING ON DEPARTMENT OF DEFENSE PLAN TO DETER AND COUNTER
ADVERSARIES IN THE INFORMATION ENVIRONMENT.
(a) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the following:
(1) The status of the strategy and posture review required by
section 1631(g) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 397 note).
(2) A description of efforts of the Department of Defense,
including such efforts conducted in consultation with relevant
departments and agencies of the Federal Government, to effectively
deter and counter foreign adversaries in the information
environment, including--
(A) recent updates or modifications to existing policies to
more effectively deter and counter adversaries;
(B) a description of funding priorities and impacts to
future budget requests;
(C) recent updates to personnel policies to ensure the
recruitment, promotion, retention, and compensation for
individuals with the necessary skills in the information
environment; and
(D) a description of improvements required to the
collection, prioritization, and analysis of intelligence, in
particular open-source intelligence, to better inform the
understanding of foreign adversaries in the information
environment.
(3) A description of any initiatives that are being taken, in
cooperation with relevant departments and agencies of the Federal
Government, to assist and incorporate allies and partner countries
of the United States into efforts to effectively deter and counter
foreign adversaries in the information environment.
(4) A description of any additional actions the Secretary
determines necessary to further ensure that the Department of
Defense is appropriately postured to effectively deter and counter
foreign adversaries in the information environment.
(5) Any other matters the Secretary of Defense determines
appropriate.
(b) Information Environment Defined.--In this section, the term
``information environment'' has the meaning given in the publication of
the Department of Defense titled ``Joint Concept for Operating in the
Information Environment (JCOIE)'' dated July 25, 2018.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Requirements for protection of satellites.
Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and
capability delivery schedules for segments of major satellite
acquisitions programs and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space
technology development.
Sec. 1608. Review of Space Development Agency exemption from Joint
Capabilities Integration and Development System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and
Attack Assessment System and multi-domain sensors.
Sec. 1610. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that
support operational preparation of the environment.
Subtitle C--Nuclear Forces
Sec. 1631. Biannual briefing on nuclear weapons and related activities.
Sec. 1632. Industrial base monitoring for B-21 and Sentinel programs.
Sec. 1633. Improvements to Nuclear Weapons Council.
Sec. 1634. Portfolio management framework for nuclear forces.
Sec. 1635. Extension of requirement to report on nuclear weapons
stockpile.
Sec. 1636. Modification and extension of annual assessment of cyber
resilience of nuclear command and control system.
Sec. 1637. Modification of reports on Nuclear Posture Review
implementation.
Sec. 1638. Establishment of intercontinental ballistic missile site
activation task force for Sentinel program.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Plan for development of reentry vehicles.
Sec. 1641. Treatment of nuclear modernization and hypersonic missile
programs within Defense Priorities and Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise
missile.
Subtitle D--Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
Sec. 1652. Improvements to acquisition accountability reports on the
ballistic missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense
information and systems.
Sec. 1654. Next generation interceptors for missile defense of United
States homeland.
Sec. 1655. Termination of requirement to transition ballistic missile
defense programs to the military departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile
defense systems and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1660. Integrated air and missile defense architecture for defense
of Guam.
Sec. 1661. Limitation on availability of certain funds until submission
of report on implementation of the cruise missile defense
architecture for the homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to
certain allies and partners of the United States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous
United States.
Subtitle E--Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White
House Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
Subtitle A--Space Activities
SEC. 1601. REQUIREMENTS FOR PROTECTION OF SATELLITES.
Chapter 135 of title 10, United States Code, is amended by
inserting after section 2275 the following new section (and conforming
the table of sections at the beginning of such chapter accordingly):
``Sec. 2275a. Requirements for protection of satellites
``(a) Establishment of Requirements.--Before a major satellite
acquisition program achieves Milestone A approval, or equivalent, the
Chief of Staff of the Space Force, in consultation with the Commander
of the United States Space Command, shall establish requirements for
the defense and resilience of the satellites under that program against
the capabilities of adversaries to target, degrade, or destroy the
satellites.
``(b) Definitions.--In this section:
``(1) The term `major satellite acquisition program' has the
meaning given that term in section 2275 of this title.
``(2) The term `Milestone A approval' has the meaning given
that term in section 4251 of this title 10.''.
SEC. 1602. STRATEGY ON PROTECTION OF SATELLITES.
(a) Strategy.--
(1) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Director of National Intelligence, shall make publicly
available a strategy containing the actions that will be taken to
defend and protect on-orbit satellites of the Department of Defense
and the intelligence community from the capabilities of adversaries
to target, degrade, or destroy satellites.
(2) Forms.--The Secretary shall--
(A) make the strategy under paragraph (1) publicly
available in unclassified form; and
(B) submit to the appropriate congressional committees an
annex, which may be submitted in classified form, containing
supporting documents to the strategy.
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``intelligence community'' has the meaning given
that term in section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4)).
SEC. 1603. MODIFICATION OF REPORTS ON INTEGRATION OF ACQUISITION AND
CAPABILITY DELIVERY SCHEDULES FOR SEGMENTS OF MAJOR SATELLITE
ACQUISITIONS PROGRAMS AND FUNDING FOR SUCH PROGRAMS.
Section 2275(f) of title 10, United States Code, is amended by
striking paragraph (3).
SEC. 1604. TACTICALLY RESPONSIVE SPACE CAPABILITY.
(a) Program.--Subsection (a) of section 1609 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 2271 note) is amended to read as
follows:
``(a) Program.--The Secretary of the Air Force shall ensure that
the Space Force has a tactically responsive space capability that--
``(1) addresses all lifecycle elements; and
``(2) addresses rapid deployment and reconstitution
requirements--
``(A) to provide long-term continuity for tactically
responsive space capabilities across the future-years defense
program submitted to Congress under section 221 of title 10,
United States Code;
``(B) to continue the development of concepts of
operations, including with respect to tactics, training, and
procedures;
``(C) to develop appropriate processes for tactically
responsive space launch, including--
``(i) mission assurance processes; and
``(ii) command and control, tracking, telemetry, and
communications; and
``(D) to identify basing requirements necessary to enable
tactically responsive space capabilities.''.
(b) Requirements.--Such section is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Requirements.--The Chief of Space Operations shall establish
tactically responsive requirements for all national security space
capabilities, if applicable, carried out under title 10, United States
Code.''.
(c) Support.--Subsection (c) of such section, as redesignated by
subsection (b), is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``launch program'' and inserting ``space program''; and
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) The entire end-to-end tactically responsive space
capability, including with respect to the launch vehicle,
ground infrastructure, bus, payload, operations and on-orbit
sustainment.''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``for fiscal year 2023'' and inserting
``for each of fiscal years 2023 through 2026''; and
(ii) by striking ``tactically responsive launch
program'' and inserting ``tactically responsive space
program'';
(B) in subparagraph (A), by striking ``launches'' and
inserting ``capabilities''; and
(C) in subparagraph (C), by striking ``tactically
responsive launch program'' and inserting ``tactically
responsive space program''.
(d) Conforming Amendment.--The heading of such section is amended
in the heading by striking ``launch operations'' and inserting ``space
capability''.
SEC. 1605. EXTENSION OF ANNUAL REPORT ON SPACE COMMAND AND CONTROL.
Section 1613(a)(2) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1731) is amended by
striking ``2025'' and inserting ``2030''.
SEC. 1606. ALLIED RESPONSIVE SPACE CAPABILITIES.
(a) Initiatives.--The Secretary of the Defense and the Secretary of
State shall jointly ensure that responsive space capabilities of the
Department of Defense align with initiatives by Five Eyes countries,
member states of the North Atlantic Treaty Organization, and other
allies to promote a globally responsive space architecture.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State, in coordination with the Commander of the United States European
Command, the Commander of the United States Indo-Pacific Command, and
the Commander of the United States Space Command, shall jointly submit
to the congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on Foreign
Relations of the Senate a report assessing current investments and
partnerships by the United States with allies of the United States with
respect to responsive space efforts. The report shall include the
following:
(1) An assessment of the benefits of leveraging allied and
partner spaceports for responsive launch.
(2) A discussion of current and future plans to engage with
allies and partners with respect to activities ensuring rapid
reconstitution or augmentation of the space capabilities of the
United States and allies.
(3) An assessment of the shared costs and technology between
the United States and allies, including if investments from the
Pacific Deterrence Initiative and the European Deterrence
Initiative could be considered for allied spaceports.
(c) Five Eyes Countries Defined.--In this section, the term ``Five
Eyes countries'' means the following:
(1) Australia.
(2) Canada.
(3) New Zealand.
(4) The United Kingdom.
(5) The United States.
SEC. 1607. APPLIED RESEARCH AND EDUCATIONAL ACTIVITIES TO SUPPORT SPACE
TECHNOLOGY DEVELOPMENT.
(a) In General.--The Secretary of the Air Force and the Chief of
Space Operations, in coordination with the Chief Technology and
Innovation Office of the Space Force, may carry out applied research
and educational activities to support space technology development.
(b) Activities.--Activities carried out under subsection (a) shall
support the applied research, development, and demonstration needs of
the Space Force, including by addressing and facilitating the
advancement of capabilities related to--
(1) space domain awareness;
(2) positioning, navigation, and timing;
(3) communications;
(4) hypersonics;
(5) cybersecurity; and
(6) any other matter the Secretary of the Air Force considers
relevant.
(c) Education and Training.--Activities carried out under
subsection (a) shall--
(1) promote education and training for students so as to
support the future national security space workforce of the United
States; and
(2) explore opportunities for international collaboration.
(d) Termination.--The authority provided by this section shall
expire on December 31, 2027.
SEC. 1608. REVIEW OF SPACE DEVELOPMENT AGENCY EXEMPTION FROM JOINT
CAPABILITIES INTEGRATION AND DEVELOPMENT SYSTEM.
(a) Review.--Not later than March 31, 2023, the Secretary of
Defense shall complete a review regarding whether the Space Development
Agency should be exempt from the Joint Capabilities Integration and
Development System.
(b) Recommendation.--Not later than 30 days after the date on which
the review under subsection (a) is completed, the Secretary of Defense
shall submit to the congressional defense committees a recommendation
as to whether the exemption described in such subsection should apply
to the Space Development Agency.
(c) Implementation.--Not later than 60 days after the date on which
the recommendation is submitted under subsection (b), the Secretary of
the Air Force and the Director of the Space Development Agency shall
implement the recommendation.
SEC. 1609. UPDATE TO PLAN TO MANAGE INTEGRATED TACTICAL WARNING AND
ATTACK ASSESSMENT SYSTEM AND MULTI-DOMAIN SENSORS.
(a) Update Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Air Force shall update the
plan that was developed pursuant to section 1669 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91).
(b) Coordination With Other Agencies.--In developing the update
required by subsection (a), the Secretary shall--
(1) coordinate with the Secretary of the Army, the Secretary of
the Navy, the Director of the Missile Defense Agency, the Director
of the National Reconnaissance Office, and the Director of the
Space Development Agency; and
(2) solicit comments on the plan, if any, from the Commander of
United States Strategic Command, the Commander of United States
Northern Command, and the Commander of United States Space Command.
(c) Submittal to Congress.--Not later than 90 days after the update
required by subsection (a) is complete, the Secretary of the Air Force
shall submit to the congressional defense committees--
(1) the plan updated pursuant to subsection (a); and
(2) the comments from the Commander of United States Strategic
Command, the Commander of United States Northern Command, and the
Commander of United States Space Command, if any, solicited under
subsection (b)(2).
SEC. 1610. REPORT ON SPACE DEBRIS.
(a) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees the portion of the report on the
risks posed by man-made space debris in low-Earth orbit described in
the explanatory statement accompanying the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) that
pertains to the Department of Defense. The portion of the report shall
include--
(1) an explanation of such risks to defense and national
security space assets;
(2) recommendations with respect to the remediation of such
risks to defense and national security assets; and
(3) outlines of plans to reduce the incident of such space
debris to defense and national security assets.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Science, Space, and Technology of the House of Representatives; and
(2) the Committee on Armed Services and Committee on Commerce,
Science, and Transportation of the Senate.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. CONGRESSIONAL OVERSIGHT OF CLANDESTINE ACTIVITIES THAT
SUPPORT OPERATIONAL PREPARATION OF THE ENVIRONMENT.
Section 127f of title 10, United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Quarterly Briefing.--On a quarterly basis, the Assistant
Secretary of Defense for Special Operations and Low Intensity Conflict,
in coordination with elements of the Department of Defense that the
Assistant Secretary determines appropriate, shall provide to the
congressional defense committees a briefing outlining the clandestine
activities carried out pursuant to subsection (a) during the period
covered by the briefing, including--
``(1) an update on such activities carried out in each
geographic combatant command and a description of how such
activities support the respective theater campaign plan;
``(2) an overview of the authorities and legal issues,
including limitations, relating to such activities; and
``(3) any other matters the Assistant Secretary considers
appropriate.''.
Subtitle C--Nuclear Forces
SEC. 1631. BIANNUAL BRIEFING ON NUCLEAR WEAPONS AND RELATED ACTIVITIES.
Chapter 24 of title 10, United States Code, is amended by inserting
after section 492a the following new section (and conforming the table
of sections at the beginning of such chapter accordingly):
``SEC. 492b. BIANNUAL BRIEFING ON NUCLEAR WEAPONS AND RELATED
ACTIVITIES.
``(a) In General.--On or about May 1 and November 1 of each year,
the officials specified in subsection (b) shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on matters relating to nuclear weapons
policies, operations, technology development, and other similar topics
as requested by such committees.
``(b) Officials Specified.--The officials specified in this
subsection are the following:
``(1) The Assistant Secretary of Defense for Acquisition.
``(2) The Assistant Secretary of Defense for Nuclear, Chemical,
and Biological Defense Programs.
``(3) The Assistant Secretary of Defense for Space Policy.
``(4) The Deputy Administrator for Defense Programs of the
National Nuclear Security Administration.
``(5) The Director for Strategy, Plans, and Policy of the Joint
Staff.
``(6) The Director for Capability and Resource Integration for
the United States Strategic Command.
``(c) Delegation.--An official specified in subsection (b) may
delegate the authority to provide a briefing under subsection (a) to a
member of the Senior Executive Service who reports to the official.
``(d) Termination.--The requirement to provide a briefing under
subsection (a) shall terminate on January 1, 2028.''.
SEC. 1632. INDUSTRIAL BASE MONITORING FOR B-21 AND SENTINEL PROGRAMS.
Chapter 24 of title 10, United States Code, is amended by inserting
after section 493 the following new section (and conforming the table
of sections at the beginning of such chapter accordingly):
``Sec. 493a. Industrial base monitoring for B-21 and Sentinel programs
``(a) Designation.--The Secretary of the Air Force, acting through
the Assistant Secretary of the Air Force for Acquisition, Technology,
and Logistics, shall designate a senior official, who shall report to
the Assistant Secretary, to monitor the combined industrial base
supporting the acquisition of--
``(1) B-21 aircraft; and
``(2) the Sentinel intercontinental ballistic missile weapon
system.
``(b) Requirements for Monitoring.--In monitoring the combined
industrial base described in subsection (a), the senior official
designated under such subsection shall--
``(1) have the authority to select staff to assist the senior
official from among civilian employees of the Department and
members of the armed forces, who may provide such assistance
concurrently while serving in another position;
``(2) monitor the acquisition by the combined industrial base
of--
``(A) materials, technologies, and components associated
with nuclear weapons systems; and
``(B) commodities purchased on a large scale;
``(3) monitor the hiring or contracting by the combined
industrial base of personnel with critical skills; and
``(4) assess whether personnel with critical skills and
knowledge, intellectual property on manufacturing processes, and
facilities and equipment necessary to design, develop, manufacture,
repair, and support a program are available and affordable within
the scopes of the B-21 aircraft program and the Sentinel
intercontinental ballistic missile weapon system program.
``(c) Annual Report.--At the same time as the submission of the
budget of the President pursuant to section 1105(a) of title 31 for a
fiscal year, the Secretary shall submit to the congressional defense
committees a report with respect to the status of the combined
industrial base described in subsection (a).''.
SEC. 1633. IMPROVEMENTS TO NUCLEAR WEAPONS COUNCIL.
(a) Responsibilities.--Subsection (d) of section 179 of title 10,
United States Code, is amended--
(1) in paragraph (9), by inserting ``, in coordination with the
Joint Requirements Oversight Council,'' after ``capabilities,
and'';
(2) by redesignating paragraphs (10), (11), and (12) as
paragraphs (11), (12), and (13), respectively;
(3) by inserting after paragraph (9) the following new
paragraph (10):
``(10) With respect to nuclear warheads--
``(A) reviewing military requirements, performance
requirements, and planned delivery schedules to evaluate
whether such requirements and schedules create significant
risks to cost, schedules, or other matters regarding
production, surveillance, research, and other programs relating
to nuclear weapons within the National Nuclear Security
Administration; and
``(B) if any such risk exists, proposing and analyzing
adjustments to such requirements and schedules.''; and
(4) by striking paragraph (13), as so redesignated, and
inserting the following new paragraph (13):
``(13) Coordinating risk management efforts between the
Department of Defense and the National Nuclear Security
Administration relating to the nuclear weapons stockpile, the
nuclear security enterprise (as defined in section 4002 of the
Atomic Energy Defense Act (50 U.S.C. 2501)), and the delivery
platforms for nuclear weapons, including with respect to
identifying and analyzing risks and proposing actions to mitigate
risks.''.
(b) Plans and Budget.--Subsection (f) of such section is amended to
read as follows:
``(f) Budget and Funding Matters.--(1) The Council shall annually
review the plans and budget of the National Nuclear Security
Administration and assess whether such plans and budget meet the
current and projected requirements relating to nuclear weapons.
``(2)(A) The Council shall review each budget request transmitted
by the Secretary of Energy to the Council under section 4717 of the
Atomic Energy Defense Act (50 U.S.C. 2757) and make a determination
under subparagraph (B) regarding the adequacy of each such request. Not
later than 30 days after making such a determination, the Council shall
notify the congressional defense committees that such a determination
has been made.
``(B)(i) If the Council determines that a budget request for a
fiscal year transmitted to the Council under section 4717 of the Atomic
Energy Defense Act (50 U.S.C. 2757) is inadequate, in whole or in part,
to implement the objectives of the Department of Defense with respect
to nuclear weapons for that fiscal year, the Council shall submit to
the Secretary of Energy a written description of funding levels and
specific initiatives that would, in the determination of the Council,
make the budget request adequate to implement those objectives.
``(ii) If the Council determines that a budget request for a fiscal
year transmitted to the Council under section 4717 of the Atomic Energy
Defense Act (50 U.S.C. 2757) is adequate to implement the objectives
described in clause (i) for that fiscal year, the Council shall submit
to the Secretary of Energy a written statement confirming the adequacy
of the request.
``(iii) The Council shall maintain a record of each description
submitted under clause (i) and each statement submitted under clause
(ii).
``(3) Not later than 30 days after the President submits to
Congress the budget for a fiscal year under section 1105(a) of title
31, the Council shall submit to the congressional defense committees a
report containing the following:
``(A) The results of the assessment conducted under paragraph
(1) with respect to that budget.
``(B) An evaluation of--
``(i) whether the funding requested for the National
Nuclear Security Administration in such budget--
``(I) enables the Administrator for Nuclear Security to
meet requirements relating to nuclear weapons for such
fiscal year; and
``(II) is adequate to implement the objectives of the
Department of Defense with respect to nuclear weapons for
that fiscal year; and
``(ii) whether the plans and budget reviewed under
paragraph (1) will enable the Administrator to meet--
``(I) the requirements to produce war reserve plutonium
pits under section 4219(a) of such Act (50 U.S.C.
2538a(a)); and
``(II) any other requirements under Federal law.
``(C) If the evaluation under subparagraph (B)(ii) determines
that the plans and budget reviewed under paragraph (1) will not
enable the Administrator to meet the requirements to produce war
reserve plutonium pits under section 4219(a) of the Atomic Energy
Defense Act (50 U.S.C. 2538a(a))--
``(i) an explanation for why the plans and budget will not
enable the Administrator to meet such requirements; and
``(ii) proposed alternative plans, budget, or requirements
by the Council to meet such requirements.
``(4) If a member of the Council does not concur in any assessment
or evaluation under this subsection, the report or other information
required to be submitted to the congressional defense committees
regarding such assessment or evaluation shall include a written
explanation from the non-concurring member describing the reasons for
the member's nonconcurrence.
``(5)(A) Not later than 30 days after the President submits to
Congress the budget for a fiscal year under section 1105(a) of title
31, the Commander of the United States Strategic Command shall submit
to the Chairman of the Joint Chiefs of Staff an assessment of--
``(i) whether such budget allows the Federal Government to
meet the nuclear stockpile and stockpile stewardship program
requirements during the fiscal year covered by the budget and
the four subsequent fiscal years; and
``(ii) if the Commander determines that such budget does
not allow the Federal Government to meet such requirements, a
description of the steps being taken to meet such requirements.
``(B) Not later than 30 days after the date on which the Chairman
of the Joint Chiefs of Staff receives the assessment of the Commander
of the United States Strategic Command under subparagraph (A), the
Chairman shall submit to the congressional defense committees--
``(i) such assessment as it was submitted to the Chairman; and
``(ii) any comments of the Chairman.
``(6) In this subsection, the term `budget' has the meaning given
that term in section 231(f) of this title.''.
(c) Modification of Budget Review by Nuclear Weapons Council.--
Section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) is
amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the following:
``(2) Review.--The Council shall review each budget request
transmitted to the Council under paragraph (1) in accordance with
section 179(f) of title 10, United States Code.''; and
(B) in paragraph (3)(A)--
(i) in the matter preceding clause (i), by striking
``paragraph (2)(B)(i)'' and inserting ``section
179(f)(2)(B)(i) of title 10, United States Code,''; and
(ii) in clause (i), by striking ``the description under
paragraph (2)(B)(i)'' and inserting ``that description'';
and
(2) in subsection (b)--
(A) by striking ``Council.--'' in the heading and all that
follows through ``At the time'' and inserting ``Council.--At
the time''; and
(B) by striking paragraph (2).
(d) Updates on Meetings.--Section 179(g)(1)(A) of title 10, United
States Code, is amended by inserting ``and the members who attended
each meeting'' before the semicolon.
(e) Repeal of Termination of Nuclear Weapons Council Certification
and Reporting Requirement.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C.
111 note) is amended by striking paragraph (10).
SEC. 1634. PORTFOLIO MANAGEMENT FRAMEWORK FOR NUCLEAR FORCES.
(a) In General.--Chapter 24 of title 10, United States Code, is
amended by adding at the end the following new section (and conforming
the table of sections at the beginning of such chapter accordingly):
``Sec. 499c. Portfolio management framework for nuclear forces
``(a) Requirement.--Not later than January 1, 2024, the Secretary
of Defense shall--
``(1) implement a portfolio management framework for nuclear
forces of the United States that--
``(A) specifies the portfolio of nuclear forces covered by
the framework;
``(B) establishes a portfolio governance structure for such
forces that takes advantage of, or is modeled on, an existing
portfolio governance structure, such as the Deputy's Management
Action Group described in Department of Defense Directive
5105.79;
``(C) outlines the approach of the Secretary for
identifying and managing risk relating to such forces and
prioritizing the efforts among such forces, including how the
Secretary, acting through the Under Secretary of Defense for
Acquisition and Sustainment, will coordinate such
identification, management, and prioritization with the
Administrator for Nuclear Security using the coordination
processes of the Nuclear Weapons Council; and
``(D) incorporates the findings and recommendations
identified by the Comptroller General of the United States in
the report titled `Nuclear Enterprise: DOD and NNSA Could
Further Enhance How They Manage Risk and Prioritize Efforts'
(GAO-22-104061) and dated January 2022; and
``(2) complete a comprehensive assessment of the portfolio
management capabilities required to identify and manage risk in the
portfolio of nuclear forces, including how to draw upon public and
private sector resources and the program management expertise
within the Defense Acquisition University.
``(b) Annual Briefings; Notifications.--(1) In conjunction with the
submission of the budget of the President to Congress pursuant to
section 1105 of title 31 for fiscal year 2025 and each fiscal year
thereafter through the date specified in subsection (c), the Secretary
shall provide to the congressional defense committees a briefing on
identifying and managing risk relating to nuclear forces and
prioritizing the efforts among such forces, including, with respect to
the period covered by the briefing--
``(A) the current and projected operational requirements for
nuclear forces that were used for such identification, management,
and prioritization;
``(B) key areas of risk identified; and
``(C) a description of the actions proposed or carried out to
mitigate such risk.
``(2) The Secretary may provide the briefings under paragraph (1)
in classified form.
``(3) If a House of Congress adopts a bill authorizing or
appropriating funds that, as determined by the Secretary, provides
funds in an amount that will result in a significant delay in the
nuclear certification or delivery of nuclear forces, the Secretary
shall notify the congressional defense committees of the determination.
``(c) Termination.--The requirements of this section shall
terminate 90 days after the date on which the Secretary certifies to
the congressional defense committees that each of the following have
achieved full operational capability:
``(1) The LGM-35A Sentinel intercontinental ballistic missile
weapon system.
``(2) The Columbia-class ballistic missile submarine program.
``(3) The long-range standoff weapon program.
``(4) The B-21 Raider bomber aircraft program.
``(5) The F-35A dual-capable aircraft program.
``(d) Nuclear Forces Defined.--In this section, the term `nuclear
forces' includes, at a minimum--
``(1) nuclear weapons;
``(2) the delivery platforms and systems for nuclear weapons;
``(3) nuclear command, control, and communications systems; and
``(4) the infrastructure and facilities of the Department of
Defense and the National Nuclear Security Administration that
support nuclear weapons, the delivery platforms and systems for
nuclear weapons, and nuclear command, control, and communications
systems, including with respect to personnel, construction,
operation, and maintenance.''.
(b) Initial Briefing.--
(1) Requirement.--Not later than June 1, 2023, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on the progress of the Secretary to--
(A) develop the portfolio management framework for nuclear
forces under section 499c of title 10, United States Code, as
added by subsection (a); and
(B) complete the assessment described in subsection (a)(2)
of such section.
(2) Form.--The Secretary may provide the briefing under
paragraph (1) in classified form.
SEC. 1635. EXTENSION OF REQUIREMENT TO REPORT ON NUCLEAR WEAPONS
STOCKPILE.
Section 492a(a)(1) of title 10, United States Code, is amended by
striking ``2024'' and inserting ``2029''.
SEC. 1636. MODIFICATION AND EXTENSION OF ANNUAL ASSESSMENT OF CYBER
RESILIENCE OF NUCLEAR COMMAND AND CONTROL SYSTEM.
(a) Quarterly Briefings.--Subsection (d) of section 499 of title
10, United States Code, is amended to read as follows:
``(d) Quarterly Briefings.--(1) Not less than once every quarter,
the Deputy Secretary of Defense and the Vice Chairman of the Joint
Chiefs of Staff shall jointly provide to the Committees on Armed
Services of the House of Representatives and the Senate--
``(A) a briefing on any intrusion or anomaly in the nuclear
command, control, and communications system that was identified
during the previous quarter, including--
``(i) an assessment of any known, suspected, or potential
impacts of such intrusions and anomalies to the mission
effectiveness of military capabilities as of the date of the
briefing; and
``(ii) with respect to cyber intrusions of contractor
networks known or suspected to have resulted in the loss or
compromise of design information regarding the nuclear command,
control, and communications system; or
``(B) if no such intrusion or anomaly occurred with respect to
the quarter to be covered by that briefing, a notification of such
lack of intrusions and anomalies.
``(2) In this subsection:
``(A) The term `anomaly' means a malicious, suspicious or
abnormal cyber incident that potentially threatens the national
security or interests of the United States, or that is likely to
result in demonstrable harm to the national security of the United
States.
``(B) The term `intrusion' means an unauthorized and malicious
cyber incident that compromises a nuclear command, control, and
communications system by breaking the security of such a system or
causing it to enter into an insecure state.''.
(b) Extension.--Subsection (e) of such section is amended by
striking ``December 31, 2027'' and inserting ``December 31, 2032''.
(c) Conforming Repeal.--Section 171a of title 10, United States
Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (l) as subsections
(h) through (k), respectively.
SEC. 1637. MODIFICATION OF REPORTS ON NUCLEAR POSTURE REVIEW
IMPLEMENTATION.
Section 491(c) of title 10, United States Code is amended--
(1) in the heading, by striking ``2010'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``2012 through 2021'' and inserting ``2022
through 2031''; and
(B) by striking ``2010'' and inserting ``a''; and
(3) by striking paragraph (1) and inserting the following new
paragraph (1.):
``(1) ensure that the report required by section 492a of this
title is transmitted to Congress, if so required under such
section;''.
SEC. 1638. ESTABLISHMENT OF INTERCONTINENTAL BALLISTIC MISSILE SITE
ACTIVATION TASK FORCE FOR SENTINEL PROGRAM.
(a) Establishment.--
(1) Task force.--There is established within the Air Force
Global Strike Command a directorate to be known as the Sentinel
Intercontinental Ballistic Missile Site Activation Task Force (in
this section referred to as the ``Task Force'').
(2) Site activation task force.--The Task Force shall serve as
the Site Activation Task Force (as that term is defined in Air
Force Instruction 10-503, updated October 14, 2020) for purposes of
overseeing and coordinating the construction of fixed facilities
and emplacements and the installation and checkout of supporting
subsystems and equipment leading to the deployment and achievement
of full operational capability of the LGM-35A Sentinel
intercontinental ballistic missile weapon system at each
intercontinental ballistic missile wing for use by the Air Force
Global Strike Command in support of plans and operations of the
United States Strategic Command.
(b) Director.--
(1) Head.--The Task Force shall be headed by the Director of
Intercontinental Ballistic Missile Modernization.
(2) Appointment.--
(A) In general.--The Secretary of the Air Force shall
appoint the Director from among the general officers of the Air
Force.
(B) Qualifications.--In appointing the Director, the
Secretary shall give preference to individuals with expertise
in intercontinental ballistic missile operations and large
construction projects.
(3) Term of office.--
(A) Term.--The Director shall be appointed for a term of
three years. The Secretary may reappoint the Director for one
additional three-year term.
(B) Removal.--The Secretary may remove the Director for
cause at any time.
(4) Duties.--
(A) In general.--The Director shall--
(i) oversee and coordinate the activities of the Air
Force in support of--
(I) the deployment of the LGM-35A Sentinel
intercontinental ballistic missile weapon system; and
(II) the retirement of the LGM-30G Minuteman III
intercontinental ballistic missile weapon system; and
(ii) subject to the authority, direction, and control
of the Commander of the Air Force Global Strike Command,
the Chief of Staff of the Air Force, and the Secretary of
the Air Force, prepare, justify, and execute the personnel,
operation and maintenance, and construction budgets for
such deployment and retirement.
(B) Rule of construction.--Nothing in this subsection shall
be construed to supersede or otherwise alter the organizational
relationships and responsibilities regarding oversight and
management of the LGM-35A Sentinel as a Major Capability
Acquisition Program, as outlined in Department of Defense
Instruction 5000.85, ``Major Capability Acquisition'', dated
November 4, 2021.
(c) Reports.--
(1) Report to secretaries.--Not later than one year after the
date of the enactment of this Act, and annually thereafter until
the date specified in subsection (e), the Director, in consultation
with the milestone decision authority (as defined in section
4251(d) of title 10, United States Code) for the LGM-35A Sentinel
intercontinental ballistic missile program, shall submit to the
Secretary of Defense and the Secretary of the Air Force a report on
the progress of the Air Force in achieving initial and full
operational capability for the LGM-35A Sentinel intercontinental
ballistic missile weapon system.
(2) Report to congress.--Not later than 30 days after receiving
a report under paragraph (1), the Secretary of Defense and the
Secretary of the Air Force shall jointly submit to the
congressional defense committees the report.
(3) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(4) Quarterly briefing.--Not later than one year after the date
of the enactment of this Act, and every 90 days thereafter until
the date specified in subsection (e), the Secretary of the Air
Force shall provide to the congressional defense committees a
briefing regarding the progress made on activities by the Task
Force to bring the LGM-35A Sentinel intercontinental ballistic
missile weapon system to operational capability at each
intercontinental ballistic missile wing.
(d) Weapon System Designation.--
(1) Weapon system.--For purposes of nomenclature and life cycle
maintenance, each wing level configuration of the LGM-35A Sentinel
intercontinental ballistic missile shall be considered a weapon
system.
(2) Definitions.--In this subsection:
(A) The term ``weapon system'' has the meaning given the
term in Department of the Air Force Pamphlet 63-128, updated
February 3, 2021.
(B) The term ``wing level configuration'' means the
complete arrangement of subsystems and equipment of the LGM-35A
Sentinel intercontinental ballistic missile required to
function as a wing.
(e) Termination.--The Task Force shall terminate not later than 90
days after the date on which the Commander of the United States
Strategic Command and the Commander of the Air Force Global Strike
Command (or the heads of successor agencies of the United States
Strategic Command and the Air Force Global Strike Command) jointly
declare that the LGM-35A Sentinel intercontinental ballistic missile
weapon system has achieved full operational capability.
SEC. 1639. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for the Department of Defense may be
obligated or expended for the following, and the Department may not
otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or alert
level of the intercontinental ballistic missiles of the United
States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
(3) Facilitating the transition from the Minuteman III
intercontinental ballistic missile to the Sentinel intercontinental
ballistic missile (previously referred to as the ``ground-based
strategic deterrent weapon'').
SEC. 1640. PLAN FOR DEVELOPMENT OF REENTRY VEHICLES.
(a) Plan.--The Under Secretary of Defense for Acquisition and
Sustainment, in consultation with the Administrator for Nuclear
Security and the Under Secretary of Defense for Research and
Engineering, shall produce a plan for the development, during the 20-
year period beginning on the date of the enactment of this Act, of--
(1) the Mark 21A reentry vehicle for the Air Force;
(2) the Mark 7 reentry vehicle for the Navy; and
(3) any other reentry vehicles for--
(A) the Sentinel intercontinental ballistic missile weapon
system;
(B) the Trident II (D5) submarine-launched ballistic
missile, or subsequent missile; and
(C) any other long-range ballistic or hypersonic strike
missile that may rely upon technologies similar to the
technologies used in the missiles described in subparagraphs
(A) and (B).
(b) Elements.--The plan under subsection (a) shall--
(1) with respect to the development of each reentry vehicle
described in such subsection, describe--
(A) timed phases of production for the reentry aeroshell
and the planned production and fielding of the reentry vehicle;
(B) the required developmental and operational testing
capabilities and capacities, including such capabilities and
capacities of the reentry vehicle;
(C) the technology development and manufacturing
capabilities that may require use of authorities under the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.); and
(D) the industrial base capabilities and capacities,
including the availability of sufficient critical materials and
staffing to ensure adequate competition between entities
developing the reentry vehicle;
(2) provide estimated cost projections for the development of
the first operational reentry vehicle and the production of
subsequent reentry vehicles to meet the requirements of the Navy
and Air Force; and
(3) provide for the coordination with and account for the needs
of the development by the Department of Defense of hypersonic
systems using materials, staffing, and an industrial base similar
to that required for the development of reentry vehicles described
in subsection (a).
(c) Assessments.--
(1) Cost projections.--The Director of the Office of Cost
Assessment and Program Evaluation of the Department of Defense, in
coordination with the Director of the Office of Cost Estimating and
Program Evaluation of the National Nuclear Security Administration,
shall conduct an assessment of the costs of the plan under
subsection (a).
(2) Technology and manufacturing readiness.--Not later than 90
days after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition and Sustainment shall seek to
enter into an agreement with a federally funded research and
development center to conduct an assessment of the technology and
manufacturing readiness levels with respect to the plan under
subsection (a).
(d) Submission to Congress.--Not later than one year after the date
of the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional defense
committees the plan under subsection (a) and the assessments under
subsection (c).
SEC. 1641. TREATMENT OF NUCLEAR MODERNIZATION AND HYPERSONIC MISSILE
PROGRAMS WITHIN DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM.
(a) Review and Briefing.--Not later than January 1, 2023, and
annually thereafter until January 1, 2028, the Secretary of Defense and
the Secretary of Energy shall jointly provide to the congressional
defense committees a briefing, with respect to each nuclear weapons
delivery system, missile warning system, hypersonic boost-glide missile
system program, and weapon program or nuclear security enterprise
infrastructure project of the National Nuclear Security Administration,
on--
(1) which such programs or projects have been reviewed or
considered for a determination of DX priority rating under part 700
of title 15, Code of Federal Regulations;
(2) which, if any, such programs or projects have been assigned
a DX priority rating, or have been determined to require such
rating and a timeline for assignment;
(3) any such programs or projects that have sought DX rating
but have been denied assignment, including a rationale for denial;
(4) any such program or project which had previously obtained a
DX rating and the designation was unassigned; and
(5) other related matters the Secretaries determine
appropriate, including the potential impacts and risks to other
programs.
(b) Milestone Review Requirement.--With respect to any program or
project that the Secretary of Defense and the Secretary of Energy
identify under subsection (a)(1) as not having been reviewed or
considered for a determination of DX priority rating under part 700 of
title 15, Code of Federal Regulations, the respective Secretary shall--
(1) conduct an assessment regarding the need for such a DX
priority rating not less frequently than prior to the program or
project achieving Milestone A approval, Milestone B approval, and
Milestone C approval, or equivalent; and
(2) document such assessment within the acquisition decision
memorandum, or equivalent, for the program or project.
SEC. 1642. MATTERS RELATING TO NUCLEAR-CAPABLE SEA-LAUNCHED CRUISE
MISSILE.
(a) Report on Deterrence.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report that describes the
approach by the Department of Defense for deterring theater nuclear
employment by Russia, China, and North Korea, including--
(1) an assessment of the current and future theater nuclear
capabilities and doctrines of Russia, China, and North Korea;
(2) an explanation of the strategy and capabilities of the
United States for deterring theater nuclear employment; and
(3) a comparative assessment of options for strengthening
deterrence of theater nuclear employment, including pursuit of the
nuclear-capable sea-launched cruise missile and other potential
changes to the nuclear and conventional posture and capabilities of
the United States.
(b) Concept of Operations and Operational Implications.--
(1) Concept of operations.--Not later than 150 days after the
date of the enactment of this Act, the Vice Chairman of the Joint
Chiefs of Staff, in coordination with the Chief of Naval
Operations, the Under Secretary of Defense for Policy, the
Commander of the United States Strategic Command, the Commander of
the United States European Command, and the Commander of the United
States Indo-Pacific Command, shall develop and validate a concept
of operations for a nuclear-capable sea-launched cruise missile
that provides options for, at a minimum--
(A) regularly deploying the missile in relevant operational
theaters; and
(B) maintaining the missile in reserve and deploying as
needed to relevant operational theaters.
(2) Operational implications.--Not later than 270 days after
the date of the enactment of this Act, and based upon the concept
of operations developed pursuant to paragraph (1), the Chief of
Naval Operations, in coordination with the Vice Chairman of the
Joint Chiefs of Staff, the Commander of the United States Strategic
Command, the Commander of the United States European Command, and
the Commander of the United States Indo-Pacific Command, shall
submit to the congressional defense committees a report that
describes the operational implications associated with deploying
nuclear-capable sea-launched cruise missiles on naval vessels,
including--
(A) anticipated effects on the deterrence of regional
nuclear use by Russia, China, and North Korea from such
deployment;
(B) expected adjustments in the regional balances of
nuclear forces between the United States and Russia, China, and
North Korea respectively, based on the anticipated effects
under subparagraph (A);
(C) anticipated operational and deterrence implications of
allocating missile or torpedo tubes from conventional munitions
to nuclear munitions if additional vessels beyond current
planning are not available;
(D) anticipated operational constraints and trade-offs
associated with reserving or limiting naval vessels, if
applicable, on account of nuclear mission requirements;
(E) adjustments to posture and operationally available
capabilities that may be required if the Navy is not provided
with additional resources to support tactical nuclear
operations, including potential costs and constraints relating
to nuclear certification, modifications to port infrastructure,
personnel training, and other factors; and
(F) any other issues identified by the Chief, Vice
Chairman, and Commanders.
(c) Report on Development.--Not later than 270 days after the date
of the enactment of this Act, the Administrator for Nuclear Security
shall submit to the congressional defense committees a report that
describes the cost and timeline of developing and producing a variation
of the W80-4 warhead for a nuclear-capable sea-launched cruise missile,
including--
(1) the cost of developing, producing, and sustaining the
warhead;
(2) the timeline for the design, production, and fielding of
the warhead; and
(3) an assessment of how the pursuit of a variant of the W80-4
warhead may affect other planned warhead activities of the National
Nuclear Security Administration, including whether there would be
risk to the cost and schedule of other warhead programs of the
Administration if the Nuclear Weapons Council added a nuclear-
capable sea-launched cruise missile warhead to the portfolio of
such programs.
(d) Spend Plan.--Not later than 45 days after the date of the
enactment of this Act, the Secretary of the Navy and the Administrator
for Nuclear Security shall submit to the congressional defense
committees the anticipated spend plans for the research and development
of a nuclear-capable sea-launched cruise missile and the associated
warhead for the missile with respect to each of the following:
(1) The funds for such research and development appropriated by
the Consolidated Appropriations Act, 2022 (Public Law 117-103).
(2) The funds for such research and development authorized to
be appropriated by this Act.
(e) Consolidated Report.--The reports required by subsections (a)
and (b)(2) may be submitted in one consolidated report.
(f) Preferred Course of Action.--To inform the reports under this
section, not later than 30 days after the date of the enactment of this
Act, the Secretary of Defense shall identify one or more preferred
courses of action from among the actions identified in the analysis of
alternatives for a nuclear-capable sea-launched cruise missile.
(g) Limitation.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2023 for the Department of Defense or the National Nuclear
Security Administration may be obligated or expended for a purpose
specified in paragraph (2) until each of the reports under this
section and a detailed, unclassified summary of the analysis of
alternatives regarding the nuclear-capable sea-launched cruise
missile have been submitted to the congressional defense
committees.
(2) Funds specified.--The purposes specified in this paragraph
are the following:
(A) With respect to the Department of Defense, system
development and demonstration of a nuclear-capable sea-launched
cruise missile.
(B) With respect to the National Nuclear Security
Administration, development engineering for a modified,
altered, or new warhead for a sea-launched cruise missile.
(h) Definitions.--In this section:
(1) The term ``development engineering'' means activities under
phase 3 of the joint nuclear weapons life cycle (as defined in
section 4220 of the Atomic Energy Defense Act (50 U.S.C. 2538b) or
phase 6.3 of a nuclear weapons life extension program.
(2) The term ``system development and demonstration'' means the
activities occurring in the phase after a program achieves
Milestone B approval (as defined in section 4172 of title 10,
United States Code).
Subtitle D--Missile Defense Programs
SEC. 1651. BIANNUAL BRIEFING ON MISSILE DEFENSE AND RELATED ACTIVITIES.
Chapter 23 of title 10, United States Code, is amended by inserting
after section 486 the following new section (and conforming the table
of sections at the beginning of such chapter accordingly):
``Sec. 487. Biannual briefing on missile defense and related activities
``(a) In General.--On or about June 1 and December 1 of each year,
the officials specified in subsection (b) shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on matters relating to missile defense
policies, operations, technology development, and other similar topics
as requested by such committees.
``(b) Officials Specified.--The officials specified in this
subsection are the following:
``(1) The Assistant Secretary of Defense for Acquisition.
``(2) The Assistant Secretary of Defense for Space Policy.
``(3) The Director of the Missile Defense Agency.
``(4) The Director for Strategy, Plans, and Policy of the Joint
Staff.
``(c) Delegation.--An official specified in subsection (b) may
delegate the authority to provide a briefing required by subsection (a)
to a member of the Senior Executive Service who reports to the
official.
``(d) Termination.--The requirement to provide a briefing under
subsection (a) shall terminate on January 1, 2028.''.
SEC. 1652. IMPROVEMENTS TO ACQUISITION ACCOUNTABILITY REPORTS ON THE
BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Elements of Baselines.--Subsection (b) of section 225 of title
10, United States Code, is amended--
(1) in paragraph (1)(C), by striking ``and flight'' and
inserting ``, flight, and cybersecurity'';
(2) in paragraph (2), by striking subparagraph (C) and
inserting the following new subparagraph (C):
``(C) how the proposed capability satisfies a capability
requirement or performance attribute identified through--
``(i) the missile defense warfighter involvement
process, as governed by United States Strategic Command
Instruction 538-03, or such successor document; or
``(ii) processes and products approved by the Joint
Chiefs of Staff or Joint Requirements Oversight Council;'';
and
(3) in paragraph (3)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) an explanation for why a program joint cost analysis
requirements description has not been prepared and approved,
and, if a program joint cost analysis requirements description
is not applicable, the rationale for such inapplicability.''.
(b) Annual Reports on Acquisition Baselines.--Subsection (c) of
such section is amended--
(1) in paragraph (2)(B)(ii)--
(A) in subclause (I)--
(i) by striking ``initial'' and inserting ``original'';
and
(ii) by striking ``; and'' and inserting a semicolon;
(B) in subclause (II), by striking the period at the ending
and inserting ``; and''; and
(C) by adding at the end the following new subclause:
``(III) the most recent adjusted or revised acquisition
baseline for such program element or major subprogram under
subsection (d).'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (3) the following new
paragraph:
``(3)(A) Each report under paragraph (1) shall include the total
system costs for each element described in subparagraph (B) that
comprises the missile defense system, without regard to funding source
or management control (such as the Missile Defense Agency, a military
department, or other element of the Department of Defense).
``(B) The elements described in this subparagraph shall include the
following:
``(i) Research and development.
``(ii) Procurement.
``(iii) Military construction.
``(iv) Operations and sustainment.
``(v) Disposal.''; and
(4) by inserting after paragraph (4) the following new
paragraph (5):
``(5) In this subsection:
``(A) The term `original acquisition baseline' means, with
respect to a program element or major subprogram, the first
acquisition baseline created for the program element or major
subprogram that has no previous iterations and has not been
adjusted or revised, including any adjustments or revisions
pursuant to subsection (d).
``(B) The term `total system costs' means, with respect to each
element that comprises the missile defense system--
``(i) all combined costs from closed, canceled, and active
acquisition baselines;
``(ii) any costs shifted to or a part of future efforts
without an established acquisition baseline; and
``(iii) any costs under the responsibility of a military
department or other Department entity.''.
(c) Operations and Sustainment Cost Estimates.--Subsection (e) of
such section is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) the amount of operations and sustainment costs (dollar
value and base year) for which the military department or other
element of the Department of Defense is responsible; and
``(4)(A) a citation to the source (such as a joint cost
estimate or one or more military department estimates) that
captures the operations and sustainment costs for which a military
department or other element of the Department of Defense is
responsible;
``(B) the date the source was prepared; and
``(C) if and when the source was independently verified by the
Office for Cost Assessment and Program Evaluation.''.
SEC. 1653. MAKING PERMANENT PROHIBITIONS RELATING TO MISSILE DEFENSE
INFORMATION AND SYSTEMS.
Section 130h of title 10, United States Code, is amended by
striking subsection (e).
SEC. 1654. NEXT GENERATION INTERCEPTORS FOR MISSILE DEFENSE OF UNITED
STATES HOMELAND.
(a) Modification to Congressional Notification of Cancellation.--
Section 1668(c) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``30 days prior to any'' and inserting ``90
days prior to implementation of a''; and
(B) by striking ``Director'' and inserting ``Secretary of
Defense''; and
(2) in paragraph (2), by striking ``Director'' and inserting
``Secretary''.
(b) Funding Profile for Increased Deployment.--Not later than 180
days after the date of the enactment of this Act, the Director of the
Missile Defense Agency shall submit to the congressional defense
committees a report on the funding profile necessary, by fiscal year,
to acquire no fewer than 64 operational next generation interceptors
for the next generation interceptor program.
SEC. 1655. TERMINATION OF REQUIREMENT TO TRANSITION BALLISTIC MISSILE
DEFENSE PROGRAMS TO THE MILITARY DEPARTMENTS.
Section 1676(b) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 4205 note) is amended--
(1) in paragraph (1), by striking ``Not'' and inserting
``Except as provided by paragraph (4), not''; and
(2) by adding at the end the following new paragraph:
``(4) Termination of requirement.--The requirement in paragraph
(1) to transfer the authorities specified in such paragraph shall
terminate on the date that is 60 days after the date on which the
Secretary of Defense submits to the congressional defense
committees the report under section 1675(b) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 2117).''.
SEC. 1656. PERSISTENT CYBERSECURITY OPERATIONS FOR BALLISTIC MISSILE
DEFENSE SYSTEMS AND NETWORKS.
(a) Plan.--Not later than May 1, 2023, the Director of the Missile
Defense Agency and the Director of Operational Test and Evaluation, in
coordination with the Chairman of the Joint Chiefs of Staff, the
Commander of the United States Cyber Command, and other commanders of
combatant commands and functions of the Joint Staff as appropriate,
shall jointly develop a plan to allow for persistent cybersecurity
operations across all networks and information systems supporting the
missile defense system.
(b) Elements.--The plan under subsection (a) shall include the
following:
(1) An inventory of all networks and information systems that
support the missile defense system, including information about
which components or elements of the networks and information
systems are currently configured for persistent cybersecurity
operations.
(2) A strategy--
(A) for coordinating with the applicable combatant commands
on persistent cybersecurity operations; and
(B) in which the Director for Operational Test and
Evaluation monitors and reviews such operations and provides
independent assessments of the adequacy and sufficiency of the
operations.
(3) A plan for how the Director of the Missile Defense Agency
will respond to cybersecurity testing recommendations made by the
Director for Operational Test and Evaluation.
(4) The timeline required to execute the plan.
(c) Briefings.--The Director of the Missile Defense Agency and the
Director for Operational Test and Evaluation shall jointly provide to
the congressional defense committees a briefing--
(1) not later than May 15, 2023, on the plan developed under
subsection (a); and
(2) not later than December 30, 2023, on progress made toward
implementing such plan.
SEC. 1657. FIRE CONTROL ARCHITECTURES.
(a) Fire Control Quality Data Requirement.--In carrying out the
analysis of candidate fire control architectures, the Secretary of the
Air Force shall ensure that the Director of the Space Warfighting
Analysis Center of the Space Force, at a minimum, maintains the
requirements needed for the missile defense command and control, battle
management, and communications system to pass the needed quality data
within the timelines needed for current and planned interceptor systems
to support engagements of ballistic and hypersonic threats as described
in section 1645 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
4062).
(b) Briefing.--Not later than 14 days after the date on which the
Director of the Space Warfighting Analysis Center concludes the
analysis of candidate fire control architectures, the Director shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the results of the
analysis, including the findings of the Director and the architecture
recommended by the Director for a future fire control architecture to
support engagement of ballistic and hypersonic threats.
SEC. 1658. MIDDLE EAST INTEGRATED AIR AND MISSILE DEFENSE.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of State and the Director of the Defense Intelligence Agency,
shall seek to cooperate with allies and partners in the Middle East
with respect to implementing an integrated air and missile defense
architecture to protect the people, infrastructure, and territory of
such countries from cruise and ballistic missiles, manned and unmanned
aerial systems, and rocket attacks from Iran and groups linked to Iran.
(b) Strategy.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Secretary of State, shall submit to the appropriate congressional
committees a strategy on cooperation with allies and partners in
the area of responsibility of the United States Central Command to
implement a multinational integrated air and missile defense
architecture to protect the people, infrastructure, and territory
of such countries from cruise and ballistic missiles, manned and
unmanned aerial systems, and rocket attacks from Iran and groups
linked to Iran.
(2) Contents.--The strategy submitted under paragraph (1) shall
include the following:
(A) An assessment of the threat of ballistic and cruise
missiles, manned and unmanned aerial systems, and rocket
attacks from Iran and groups linked to Iran to allies and
partners within the area of responsibility of the United States
Central Command.
(B) A description of current efforts to coordinate
indicators and warnings from such attacks with allies and
partners within such area of responsibility.
(C) An analysis of current integrated air and missile
defense systems to defend against attacks, in coordination with
allies and partners within such area of responsibility.
(D) An explanation of how a multinational integrated air
and missile defense architecture would improve collective
security in such area of responsibility.
(E) A description of efforts to engage specified foreign
partners in establishing such an architecture.
(F) An identification of elements of the multinational
integrated air and missile defense architecture that--
(i) can be acquired and operated by specified foreign
partners; and
(ii) can only be provided and operated by members of
the Armed Forces.
(G) An identification of any challenges in establishing a
multinational integrated air and missile defense architecture
with specified foreign partners, including assessments of the
capacity and capability of specified foreign partners and their
ability to independently operate key technical components of
such an architecture, including radars and interceptor systems.
(H) A description of relevant consultation with the
Secretary of State and the ways in which such an architecture
advances United States regional diplomatic goals and
objectives.
(I) Recommendations for addressing the challenges
identified in subparagraph (G) so that the strategy can be
implemented effectively.
(J) Such other matters as the Secretary considers relevant.
(3) Protection of sensitive information.--Any activity carried
out under paragraph (1) shall be conducted in a manner that is
consistent with protection of intelligence sources and methods and
appropriately protects sensitive information and the national
security interests of the United States.
(4) Format.--The strategy submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Permanent Select
Committee on Intelligence of the House of Representatives.
(3) The Committee on Foreign Relations and the Select Committee
on Intelligence of the Senate.
SEC. 1659. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2023 for procurement,
Defense-wide, and available for the Missile Defense Agency, not
more than $80,000,000 may be provided to the Government of Israel
to procure components for the Iron Dome short-range rocket defense
system through co-production of such components in the United
States by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be available
subject to the terms and conditions in the Agreement Between
the Department of Defense of the United States of America and
the Ministry of Defense of the State of Israel Concerning Iron
Dome Defense System Procurement, signed on March 5, 2014, as
amended to include co-production for Tamir interceptors.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to the
implementation of such agreement; and
(iii) for system improvements resulting in modified
Iron Dome components and Tamir interceptor sub-components,
a certification that the Government of Israel has
demonstrated successful completion of Production Readiness
Reviews, including the validation of production lines, the
verification of component conformance, and the verification
of performance to specification as defined in the Iron Dome
Defense System Procurement Agreement, as further amended.
(b) Israeli Cooperative Missile Defense Program, David's Sling
Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2023 for procurement,
Defense-wide, and available for the Missile Defense Agency not more
than $40,000,000 may be provided to the Government of Israel to
procure the David's Sling Weapon System, including for co-
production of parts and components in the United States by United
States industry.
(2) Agreement.--Provision of funds specified in paragraph (1)
shall be subject to the terms and conditions in the bilateral co-
production agreement, including--
(A) a one-for-one cash match is made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel); and
(B) co-production of parts, components, and all-up rounds
(if appropriate) in the United States by United States industry
for the David's Sling Weapon System is not less than 50
percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge points,
technical milestones, and Production Readiness Reviews required
by the research, development, and technology agreement and the
bilateral co-production agreement for the David's Sling Weapon
System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier
Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2023 for procurement,
Defense-wide, and available for the Missile Defense Agency not more
than $80,000,000 may be provided to the Government of Israel for
the Arrow 3 Upper Tier Interceptor Program, including for co-
production of parts and components in the United States by United
States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and Production Readiness Reviews required by the
research, development, and technology agreement for the Arrow 3
Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(i) in accordance with subparagraph (D), the terms of
co-production of parts and components on the basis of the
greatest practicable co-production of parts, components,
and all-up rounds (if appropriate) by United States
industry and minimizes nonrecurring engineering and
facilitization expenses to the costs needed for co-
production;
(ii) complete transparency on the requirement of Israel
for the number of interceptors and batteries that will be
procured, including with respect to the procurement plans,
acquisition strategy, and funding profiles of Israel;
(iii) technical milestones for co-production of parts
and components and procurement;
(iv) a joint affordability working group to consider
cost reduction initiatives; and
(v) joint approval processes for third-party sales; and
(D) the level of co-production described in subparagraph
(C)(i) for the Arrow 3 Upper Tier Interceptor Program is not
less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection (b) and
paragraph (2) of subsection (c), the Under Secretary may submit--
(1) one certification covering both the David's Sling Weapon
System and the Arrow 3 Upper Tier Interceptor Program; or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the congressional
defense committees the certification and assessment under subsection
(b)(3) and the certification under subsection (c)(2) no later than 30
days before the funds specified in paragraph (1) of subsections (b) and
(c) for the respective system covered by the certification are provided
to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1660. INTEGRATED AIR AND MISSILE DEFENSE ARCHITECTURE FOR DEFENSE
OF GUAM.
(a) Review of Integrated Air and Missile Defense Architecture to
Defend Guam.--
(1) Requirement.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development
center to conduct an independent assessment of the integrated air
and missile defense architecture to defend Guam.
(2) Elements.--The assessment under paragraph (1) shall include
an analysis of each of the following:
(A) The proposed architecture capability to address non-
ballistic and ballistic missile threats to Guam, including the
sensor, command and control, and interceptor systems being
proposed.
(B) The development and integration risk of the proposed
architecture.
(C) The manning required to operate the proposed
architecture, including the availability of housing and
infrastructure on Guam to support the needed manning levels.
(3) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees the assessment under paragraph
(1), without change.
(b) Designation of Official Responsible for Missile Defense of
Guam.--
(1) Designation.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall designate a
senior official of the Department of Defense who shall be
responsible for the missile defense of Guam during the period
preceding the date specified in paragraph (5).
(2) Duties.--The duties of the official designated under
paragraph (1) shall include the following:
(A) Designing the architecture of the missile defense
system for defending Guam.
(B) Overseeing development of an integrated missile defense
acquisition strategy for the missile defense of Guam.
(C) Ensuring the military department and Defense Agency
budgets are appropriate for the strategy described in
subparagraph (B).
(D) Siting the integrated missile defense system described
in subparagraph (B).
(E) Overseeing long-term acquisition and sustainment of the
missile defense system for Guam.
(F) Such other duties as the Secretary determines
appropriate.
(3) Program treatment.--The integrated missile defense system
referred to in paragraph (2) shall be designated as special
interest acquisition category 1D program and shall be managed as
consistent with Department of Defense Instruction 5000.85 ``Major
Capability Acquisition''.
(4) Report.--Concurrent with the submission of each budget of
the President under section 1105(a) of title 31, United States
Code, during the period preceding the date specified in paragraph
(5), the official designated under paragraph (1) shall submit to
the congressional defense committees a report on the actions taken
by the official to carry out the duties set forth under paragraph
(2).
(5) Termination.--The authority of this subsection shall
terminate on the date that is three years after the date on which
the official designated under paragraph (1) determines that the
integrated missile defense system described in paragraph (2) has
achieved initial operational capability.
(c) Procurement.--
(1) Requirement.--Except as provided by paragraph (2), not
later than December 31, 2023, the Secretary of Defense, acting
through the Director of the Missile Defense Agency, shall rapidly
procure and field up to three vertical launching systems that can
accommodate planned interceptors operated by the Navy (that do not
require major modification or integration into the existing missile
defense system), as of the date of enactment of this Act.
(2) Waiver.--The Secretary may waive the requirement under
paragraph (1) if--
(A) the Secretary determines that the waiver is in the best
interest of the national security of the United States;
(B) the Secretary submits to the congressional defense
committees a notification of such waiver, including a
justification; and
(C) a period of 120 days has elapsed following the date of
such notification.
SEC. 1661. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF REPORT ON IMPLEMENTATION OF THE CRUISE MISSILE DEFENSE ARCHITECTURE
FOR THE HOMELAND.
(a) Finding.--Congress finds that the Deputy Secretary of Defense
made the determination that the Department of the Air Force has
acquisition authority with respect to the capability to defend the
homeland from cruise missiles, as required by section 1684(e) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 10 U.S.C. 4205 note).
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force, in coordination
with the Commander of the United States Northern Command, shall submit
to the congressional defense committees a report on the implementation
of the cruise missile defense architecture for the homeland,
including--
(1) the architecture planned to meet the requirements of the
United States Northern Command and the North American Aerospace
Defense Command, including a schedule for capabilities being
developed and deployed;
(2) a list of all programs of record of the Air Force that
contribute to such architecture; and
(3) funding profile by year across the most recent future-years
defense program submitted to Congress under section 221 of title
10, United States Code, to develop, deploy, operate, and sustain
such architecture.
(c) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the Department
of the Air Force for travel by the Secretary of the Air Force, not more
than 95 percent may be obligated or expended until the date on which
the Secretary of the Air Force submits the report under subsection (b).
SEC. 1662. STRATEGY TO USE ASYMMETRIC CAPABILITIES TO DEFEAT HYPERSONIC
MISSILE THREATS.
(a) Requirement.--Not later than March 1, 2023, the Secretary of
Defense, acting through the Director of the Missile Defense Agency,
shall submit to the congressional defense committees a comprehensive
layered strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
(b) Elements.--The strategy under subsection (a) shall--
(1) address all asymmetric capabilities of the United States,
including with respect to--
(A) directed energy, as described in section 1664 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 10 U.S.C. 205 note) and including short-pulse laser
technology;
(B) microwave systems;
(C) cyber capabilities; and
(D) any other capabilities determined appropriate by the
Secretary and Director; and
(2) identify the funding required to implement the strategy
during the period covered by the future-years defense program
submitted to Congress under section 221 of title 10, United States
Code, in 2023.
SEC. 1663. PLAN ON DELIVERING SHARED EARLY WARNING SYSTEM DATA TO
CERTAIN ALLIES AND PARTNERS OF THE UNITED STATES.
(a) Plan.--The Secretary of Defense, with the concurrence of the
Secretary of State and the Director of National Intelligence, shall
develop a technical fielding plan to deliver information under the
Shared Early Warning System regarding a current or imminent missile
threat to allies and partners of the United States that, as of the date
of the plan, do not receive such information.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on how rapid technical
fielding of the Shared Early Warning System could be provided to allies
and partners of the United States that--
(1) are not member states of the North Atlantic Treaty
Organization; and
(2) are under current or imminent hostile aggression and threat
of missile attack.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Permanent Select
Committee on Intelligence of the House of Representatives.
(3) The Committee on Foreign Relations and the Select Committee
on Intelligence of the Senate.
SEC. 1664. REPORTS ON GROUND-BASED INTERCEPTORS.
Not later than 30 days after the date of the enactment of this Act,
and on a quarterly basis thereafter until the date on which the next
generation interceptor achieves initial operating capability, the
Director of the Missile Defense Agency, with the concurrence of the
Commander of the United States Northern Command, shall submit to the
congressional defense committees a report that includes the following:
(1) An identification of the number of ground-based
interceptors operationally available to the Commander.
(2) If such number is different from the report previously
submitted under this section, the reasons for such difference.
(3) Any anticipated changes to such number during the period
covered by the report.
SEC. 1665. REPORT ON MISSILE DEFENSE INTERCEPTOR SITE IN CONTIGUOUS
UNITED STATES.
Not later than March 31, 2023, the Secretary of Defense, acting
through the Director of the Missile Defense Agency and in coordination
with the Commander of the United States Northern Command, shall submit
to the congressional defense committees a report containing--
(1) an updated assessment of the requirement for a missile
defense interceptor site in the contiguous United States; and
(2) a funding profile, by year, of the total costs for the
development and construction of such site, considering the
designation of Fort Drum, New York, as the conditionally designated
preferred site.
Subtitle E--Other Matters
SEC. 1671. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $354,394,000 authorized to be
appropriated to the Department of Defense for fiscal year 2023 in
section 301 and made available by the funding table in division D for
the Department of Defense Cooperative Threat Reduction Program
established under section 1321 of the Department of Defense Cooperative
Threat Reduction Act (50 U.S.C. 3711), the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination, $6,859,000.
(2) For chemical security and elimination, $14,998,000.
(3) For global nuclear security, $18,088,000.
(4) For biological threat reduction, $225,000,000.
(5) For proliferation prevention, $45,890,000.
(6) For activities designated as Other Assessments/
Administration Costs, $30,763,000.
(b) Specification of Cooperative Threat Reduction Funds.--Funds
appropriated pursuant to the authorization of appropriations in section
301 and made available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program shall be
available for obligation for fiscal years 2023, 2024, and 2025.
SEC. 1672. DEPARTMENT OF DEFENSE SUPPORT FOR REQUIREMENTS OF THE WHITE
HOUSE MILITARY OFFICE.
(a) Membership on Council on Oversight of the National Leadership
Command, Control, and Communications System.--Section 171a(b) of title
10, United States Code, is amended by--
(1) redesignating paragraph (7) as paragraph (8); and
(2) inserting after paragraph (6) the following new paragraph
(7):
``(7) The Director of the White House Military Office.''.
(b) Portfolio Manager.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and Sustainment, shall
designate a senior official to coordinate and advocate for the
portfolio of national level programs of the Department of Defense that
are either or both--
(1) in direct support of requirements from the White House
Military Office; or
(2) operationally relevant to the mission areas of the White
House Military Office.
(c) Accessibility of Information.--The programmatic and budgetary
information required to assess the efficacy of the national level
programs covered by subsection (b) shall be provided to the senior
official designated under such subsection by the following officials:
(1) The Secretary of each military department.
(2) The Under Secretary of Defense for Policy.
(3) The Under Secretary of Defense for Research and
Engineering.
(4) The Chairman of the Joint Chiefs of Staff.
(5) The Director of Cost Assessment and Program Evaluation.
(d) Annual Briefing.--Not later than 30 days after the date on
which the President submits to Congress a budget for each of fiscal
years 2024 through 2027 pursuant to section 1105(a) of title 31, United
States Code, the Under Secretary of Defense for Acquisition and
Sustainment, acting through the senior official designated under
subsection (b), and the personnel of the White House Military Office
that the Director of the White House Military Office determines
appropriate shall jointly provide to the congressional defense
committees a briefing on acquisition programs, plans, and other
activities supporting the requirements of the White House Military
Office.
SEC. 1673. UNIDENTIFIED ANOMALOUS PHENOMENA REPORTING PROCEDURES.
(a) Mechanism for Authorized Reporting.--
(1) Establishment.--The Secretary of Defense, acting through
the head of the Office and in consultation with the Director of
National Intelligence, shall establish a secure mechanism for
authorized reporting of--
(A) any event relating to unidentified anomalous phenomena;
and
(B) any activity or program by a department or agency of
the Federal Government or a contractor of such a department or
agency relating to unidentified anomalous phenomena, including
with respect to material retrieval, material analysis, reverse
engineering, research and development, detection and tracking,
developmental or operational testing, and security protections
and enforcement.
(2) Protection of systems, programs, and activity.--The
Secretary shall ensure that the mechanism for authorized reporting
established under paragraph (1) prevents the unauthorized public
reporting or compromise of classified military and intelligence
systems, programs, and related activity, including all categories
and levels of special access and compartmented access programs.
(3) Administration.--The Secretary shall ensure that the
mechanism for authorized reporting established under paragraph (1)
is administered by designated and appropriately cleared employees
of the Department of Defense or elements of the intelligence
community or contractors of the Department or such elements
assigned to the Office.
(4) Sharing of information.--
(A) Prompt sharing within office.--The Secretary shall
ensure that the mechanism for authorized reporting established
under paragraph (1) provides for the sharing of an authorized
disclosure to personnel and supporting analysts and scientists
of the Office (regardless of the classification of information
contained in the disclosure or any nondisclosure agreements),
unless the employees or contractors administering the mechanism
under paragraph (3) conclude that the preponderance of
information available regarding the disclosure indicates that
the observed object and associated events and activities likely
relate to a special access program or compartmented access
program that, as of the date of the disclosure, has been
explicitly and clearly reported to the congressional defense
committees or the congressional intelligence committees, and is
documented as meeting those criteria.
(B) Congressional notification.--Not later than 72 hours
after determining that an authorized disclosure relates to a
restricted access activity, a special access program, or a
compartmented access program that has not been explicitly and
clearly reported to the congressional defense committees or the
congressional intelligence committees, the Secretary shall
report such disclosure to such committees and the congressional
leadership.
(5) Initial report and publication.--Not later than 180 days
after the date of the enactment of this Act, the Secretary, acting
through the head of the Office and in consultation with the
Director of National Intelligence, shall--
(A) submit to the congressional defense committees, the
congressional intelligence committees, and the congressional
leadership a report detailing the mechanism for authorized
reporting established under paragraph (1); and
(B) issue clear public guidance for how to securely access
the mechanism for authorized reporting.
(b) Protection for Individuals Making Authorized Disclosures.--
(1) Authorized disclosures.--An authorized disclosure--
(A) shall not be subject to a nondisclosure agreement
entered into by the individual who makes the disclosure;
(B) shall be deemed to comply with any regulation or order
issued under the authority of Executive Order 13526 (50 U.S.C.
3161 note; relating to classified national security
information) or chapter 18 of the Atomic Energy Act of 1954 (42
U.S.C. 2271 et seq.); and
(C) is not a violation of section 798 of title 18, United
States Code, or other provision of law relating to the
disclosure of information.
(2) Prohibition on reprisals.--
(A) Protection.--An employee of a department or agency of
the Federal Government, or of a contractor, subcontractor,
grantee, subgrantee, or personal services contractor of such a
department or agency, who has authority to take, direct others
to take, recommend, or approve any personnel action, shall not,
with respect to such authority, take or fail to take, or
threaten to take or fail to take, a personnel action, including
the revocation or suspension of security clearances, or
termination of employment, with respect to any individual as a
reprisal for any authorized disclosure.
(B) Procedures.--The Secretary of Defense and the Director
of National Intelligence shall establish procedures for the
enforcement of subparagraph (A) consistent with, as
appropriate, section 1034 of title 10, United States Code,
section 1104 of the National Security Act of 1947 (50 U.S.C.
3234), or other similar provisions of law regarding prohibited
personnel actions.
(3) Nondisclosure agreements.--
(A) Identification.--The Secretary of Defense, the Director
of National Intelligence, the Secretary of Homeland Security,
the heads of such other departments and agencies of the Federal
Government that have supported investigations of the types of
events covered by subparagraph (A) of subsection (a)(1) and
activities and programs described in subparagraph (B) of such
subsection, and contractors of the Federal Government that have
supported or are supporting such activities and programs, shall
conduct comprehensive searches of all records relating to
nondisclosure orders relating to the types of events described
in subsection (a) and provide copies of such orders,
agreements, or obligations to the Office.
(B) Submission to congress.--The head of the Office shall--
(i) make the records compiled under subparagraph (A)
accessible to the congressional defense committees, the
congressional intelligence committees, and the
congressional leadership; and
(ii) not later than September 30, 2023, and at least
once each fiscal year thereafter through fiscal year 2026,
provide to such committees and congressional leadership
briefings and reports on such records.
(c) Annual Reports.--Section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373) is amended--
(1) by striking ``aerial'' each place it appears and inserting
``anomalous'';
(2) in subsection (h)--
(A) in paragraph (1), by inserting ``and the congressional
leadership'' after ``appropriate congressional committees'';
and
(B) in paragraph (2), by adding at the end the following
new subparagraph:
``(Q) A summary of the reports received using the mechanism
for authorized reporting established under section 1673 of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023.''; and
(3) in subsection (l)--
(A) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The term `congressional leadership' means--
``(A) the majority leader of the Senate;
``(B) the minority leader of the Senate;
``(C) the Speaker of the House of Representatives; and
``(D) the minority leader of the House of
Representatives.''.
(d) Definitions.--In this section:
(1) The term ``authorized disclosure'' means a report of any
information through, and in compliance with, the mechanism for
authorized reporting established pursuant to subsection (a)(1).
(2) The term ``congressional intelligence committees'' has the
meaning given such term in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003).
(3) The term ``congressional leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(4) The term ``intelligence community'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(5) The term ``nondisclosure agreement'' means any written or
oral nondisclosure agreement, order, or other instrumentality or
means entered into by an individual that could be interpreted as a
legal constraint on the individual making an authorized disclosure.
(6) The term ``Office'' means the All-domain Anomaly Resolution
Office established pursuant to section 1683(a) of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(a)).
(7) The term ``personnel action'' has the meaning given such
term in section 1104(a) of the National Security Act of 1947 (50
U.S.C. 3234(a)).
(8) The term ``unidentified anomalous phenomena'' has the
meaning given such term in section 1683(n) of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(l)).
SEC. 1674. STUDY OF WEAPONS PROGRAMS THAT ALLOW ARMED FORCES TO ADDRESS
HARD AND DEEPLY BURIED TARGETS.
(a) Study.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the
Chairman of the Joint Chiefs of Staff, the Commander of the United
States Strategic Command, and the Administrator for Nuclear Security,
and in consultation with the Director of National Intelligence, shall
submit to the congressional defense committees a study on options to
hold at risk hard and deeply buried targets.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An analysis of the current and emerging hard and deeply
buried target mission set and associated military requirements,
including--
(A) the number and locations of the targets, including
facilities designed for the storage or manufacture of nuclear,
chemical, or biological weapons and the precursors of such
weapons;
(B) an identification of likely future trajectories in the
worldwide use and proliferation of hard and deeply buried
targets;
(C) the associated military requirements, including the
importance of effectively holding hard and deeply buried
targets at risk in order to meet the national security
objectives of the United States; and
(D) an evaluation of the sufficiency of current and planned
nuclear and nonnuclear military capabilities to satisfy such
requirements.
(2) An evaluation of weapons programs that would allow the
Armed Forces to effectively hold hard and deeply buried targets at
risk, including--
(A) any nuclear or nonnuclear weapon and delivery system
the Secretary determines appropriate, including the cost,
timeline for fielding, and likely effectiveness of any
capability under consideration; and
(B) an assessment of a service life extension or
modification program of the B83 nuclear gravity bomb as one of
the options.
(3) A proposed strategy for fielding such capabilities in
sufficient quantities and making other adjustments to the strategy
and plans of the United States to account for the growing hard and
deeply buried target set, including--
(A) the resources, research and development efforts, and
capability options needed; and
(B) a five-year funding profile for, at a minimum--
(i) a preferred capability; and
(ii) an alternative capability evaluated under
paragraph (2) that meets the requirements under paragraph
(1).
(c) Form.--The study under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Briefing.--Not later than 30 days after the date on which the
Secretary completes the study under subsection (a), the Secretary shall
provide the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the findings and
recommendations of the study.
(e) Limitation on Use of Funds.--Except as provided by subsection
(f), none of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Department of
Defense or the Department of Energy for the deactivation,
dismantlement, or retirement of the B83-1 nuclear gravity bomb may be
obligated or expended to deactivate, dismantle, or retire more than 25
percent of the B83-1 nuclear gravity bombs that were in the active
stockpile as of September 30, 2022, until 90 days after the Secretary
submits to the Committees on Armed Services of the Senate and the House
of Representatives the study under subsection (a).
(f) Exception.--The limitation on the use of funds under subsection
(e) shall not apply to the deactivation, dismantling, or retirement of
B83-1 nuclear gravity bombs for the purpose of supporting safety and
surveillance, sustainment, life extension, or modification programs for
the B83-1 or other weapons currently in, or planned to become part of,
the nuclear weapons stockpile of the United States.
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of
weapons provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for
Patriot air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability
and capacity needs for munitions production and stockpiling.
SEC. 1701. ANNUAL REPORT ON INDUSTRIAL BASE CONSTRAINTS FOR MUNITIONS.
(a) Briefing on Fulfillment of Munitions Requirements.--Not later
than 30 days after the date of the enactment of this Act, the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff shall provide
to the congressional defense committees a briefing regarding the
current process for fulfilling the requirements of section 222c of
title 10, United States Code, including a description of the timeliness
of the process and any standardization of such process across the
Department of Defense.
(b) Briefing on Revision of Requirements.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff shall provide to the
congressional defense committees a briefing regarding the timeline for
revision of munitions requirements generated by section 222c of title
10, United States Code as a result of actions taken in response to the
conflict in Ukraine.
(c) Additional Report Requirements on Out-Year Unconstrained Total
Munitions Requirements and Out-Year Inventory Numbers.--Section 222c of
title 10, United States Code, is amended--
(1) in subsection (c), by adding at the end the following new
paragraph:
``(8) Requirement for Protracted Warfare Scenarios, calculated
by doubling the duration of each applicable operation plan.'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Additional Requirements.--Each report required under
subsection (a) shall include the following:
``(1) The number of years required to meet the Out-Year
Unconstrained Total Munitions Requirement at the rate requested for
the fiscal year covered by the report.
``(2) The average rate of procurement during the three-year
period preceding the date of the submission of the report, and the
number of years required to meet the Out-Year Unconstrained Total
Munitions Requirement at such three-year average rate.
``(3) The additional amount of funding that would be required,
for each fiscal year, to meet the Out-Year Unconstrained Total
Munitions Requirement for each munition by the end of the period
covered by the most recent future-years defense program submitted
to Congress pursuant to section 221 of this title.''.
(d) Annual Report on Industrial Base Constraints for Munitions.--
(1) In general.--Chapter 9 of title 10, United States Code, is
amended by inserting after section 222c the following new section:
``Sec. 222d. Annual report on industrial base constraints for munitions
``(a) In General.--Not later than 30 days after the submission of
all reports required under section 222c(a) of this title, the Under
Secretary of Defense for Acquisition and Sustainment, in coordination
with the service acquisition executive of each military department,
shall submit to the congressional defense committees a report detailing
the industrial base constraints for each munition identified in the
Out-Year Unconstrained Total Munitions Requirement.
``(b) Elements.--The report required under subsection (a) shall
include the following elements, broken down by munition:
``(1) Programmed purchase quantities per year.
``(2) Average procurement unit cost per year.
``(3) Contract type.
``(4) Current minimum sustaining rate of production per month
and year.
``(5) Current maximum rate of production per month and year.
``(6) Expected date to meet the Out-Year Unconstrained Total
Munitions Requirement in section 222c of this title under the
programmed purchase quantities established for the period covered
by the report.
``(7) A description of industrial base constraints on increased
production of each munition, including any supply chain weaknesses.
``(8) A description of investments or policy changes made by a
defense contractor or by the United States Government to increase
production, enable more efficient production, or mitigate
significant loss of stability in potential production.
``(9) A description of potential investments or policy changes
identified by a defense contractor or the United States Government
to increase munitions production, enable more efficient production,
or mitigate significant loss of stability in potential production,
including--
``(A) direct investments in test and tooling equipment,
workforce development, or improvements to existing production
facilities;
``(B) a pool of rotable critical components or
subcomponents for munitions;
``(C) multiyear contracts or other contracting strategies;
``(D) direct investments in components, subcomponents, or
raw materials commonly used across the industrial base;
``(E) direct investments in additive manufacturing or
expeditionary manufacturing capabilities;
``(F) direct investments in simplification of supply
chains; and
``(G) direct investments in technologies or methods to
enable increased scalability and reduced complexity of
production processes for current or future munitions.
``(10) A list of each contract for a munition with a priority
rating of `critical to national defense' (commonly referred to as a
`DO-rated order') or a priority rating of `highest national defense
urgency' (commonly referred to as a `DX-rated order') in the
Defense Priorities and Allocation System pursuant to part 700 of
title 15, Code of Federal Regulations (or any successor
regulation).
``(11) A prioritized list of munitions judged to have high
value for export for which additional investments would be
necessary to enable export, including a description of such
investments required.
``(12) A list of munitions subject to the requirements of
chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.)
relating to foreign military sales that are anticipated to be
exported based on developments in the conflict in Ukraine.
``(c) Munition Defined.--In this section, the term `munition' has
the meaning given by the Under Secretary of Defense for Acquisition.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 9 of title 10, United States Code, is amended by
inserting after the item relating to section 222c the following new
item:
``222d. Annual report on industrial base constraints for munitions.''.
SEC. 1702. MODIFICATION TO SPECIAL DEFENSE ACQUISITION FUND.
Section 114(c)(1) of title 10, United States Code, is amended by
striking ``$2,500,000,000'' and inserting ``$3,500,000,000''.
SEC. 1703. QUARTERLY BRIEFINGS ON REPLENISHMENT AND REVITALIZATION OF
WEAPONS PROVIDED TO UKRAINE.
(a) Briefings on Covered Systems.--The Secretary of Defense shall
provide to the congressional defense committees quarterly briefings on
the progress of the Department of Defense toward--
(1) replenishing the inventory of covered systems;
(2) expanding the production capacity of covered systems; and
(3) increasing the resilience of the production capacity of
covered systems.
(b) Grouping of Covered Systems.--For each briefing required under
subsection (a), the Secretary of Defense may group covered systems
together based on the relevant capabilities of such covered systems.
(c) Elements.--Each briefing required under subsection (a) shall
include, with respect to the period covered by such briefing, the
following:
(1) A description of any reprogramming carried out in
accordance with established procedures for each covered system,
with appropriate notation for--
(A) the number of the replenishment tranche; and
(B) a determination of whether each such reprogramming--
(i) replaces covered systems;
(ii) expands production capacity of covered systems; or
(iii) increases the resilience of the production
capacity of covered systems.
(2) A description of obligations applied to each covered system
and expected timeline for future obligations.
(3) A description of current and future production capacity for
each covered system, broken down by month and calendar year.
(4) A description of expected delivery of covered systems to
the Department of Defense.
(5) To the extent practicable, with respect to the total number
of covered systems provided during the period covered by the
briefing, an estimate for the timing of the delivery of at least 50
percent of the replenishment articles for a covered system and the
delivery of 100 percent of such replenishment articles, compared to
the number of covered systems provided.
(6) A description of overall actual and expected obligation
rates for all reprogrammings applied to covered systems.
(7) A description of any other investments made that
significantly affect the replenishment timeline or production
capacity of the covered systems.
(8) A description of remaining industrial base risks or
opportunities for increased competition for each covered system and
detailed options to mitigate such risks or expand competition,
including any changes necessary to authorities to enable risk
reduction or expanded competition.
(9) To the extent practicable, a comparison of the expected
inventory of covered systems over the next 5 years compared to the
requirements set forth under section 222c of title 10, United
States Code.
(d) Briefings on Stocks of Allies and Partners.--The Secretary of
Defense shall provide to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate quarterly briefings that
include the following:
(1) A timeline and budgetary estimate for developing and
procuring replacement stocks of covered systems for allies and
partner countries of the United States.
(2) An update on the efforts of the Department to work with
such allies and partner countries to advance the replenishment of
munitions stocks for such allies and partners that have provided,
or are contemplating providing, such stocks to Ukraine.
(e) Termination.--This section and the requirements of this section
shall terminate on December 31, 2026.
(f) Covered System Defined.--In this section, the term ``covered
system'' means any system provided to the Government of Ukraine
pursuant to any of the following:
(1) Section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318).
(2) Section 614 of the Foreign Assistance Act of 1961 (22
U.S.C. 2364).
(3) The Ukraine Security Assistance Initiative established
under section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068), including as
amended by this Act, if such system was provided to Ukraine after
February 24, 2022.
SEC. 1704. ASSESSMENT OF REQUIREMENTS AND ACQUISITION OBJECTIVES FOR
PATRIOT AIR AND MISSILE DEFENSE BATTALIONS.
(a) Assessment.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Army shall assess and
validate the current and projected battalion and interceptor
requirements and acquisition objectives for the Patriot air and missile
defense system and Patriot advanced capability-3 missile segment
enhancement missiles to determine whether such requirements and
objectives are sufficient to meet the requests for forces, war plans,
and contingency requirements of the commanders of the geographic
combatant commands.
(b) Report.--Not later than 30 days after the date on which the
Secretary completes the assessment under subsection (a), the Secretary
shall submit to the congressional defense committees a report on the
assessment, including whether the requirements and acquisition
objectives described in such subsection--
(1) are sufficient to meet the requests for forces, war plans,
and contingency requirements of the commanders of the geographic
combatant commands; and
(2) are valid or should be modified.
(c) Authority.--Subject to the availability of appropriations for
such purpose, the Secretary of the Army may procure up to four
additional Patriot air and missile defense battalions to achieve a
total of up to 20 such battalions.
SEC. 1705. INDEPENDENT ASSESSMENT OF DEPARTMENT OF DEFENSE CAPABILITY
AND CAPACITY NEEDS FOR MUNITIONS PRODUCTION AND STOCKPILING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with an appropriate federally funded research and
development center for the conduct of a detailed independent analysis
of the extent to which the process used by the chief of staff of an
armed force to implement the Out-Year Unconstrained Total Munitions
Requirement required under section 222c of title 10, United States
Code, properly accounts for current and future requirements for the
weapons described in subsection (c). Such an agreement shall provide
that an analysis conducted pursuant to the agreement shall be completed
within 180 days after the date on which such agreement was entered
into.
(b) Matters for Consideration.--An analysis conducted pursuant to
an agreement under subsection (a) shall include a consideration of each
of the following with respect to each weapon described in subsection
(c):
(1) The sufficiency of efforts to implement section 222c of
title 10, United States Code, including--
(A) whether the views of the commanders of each combatant
command are adequately represented;
(B) whether contributions by allies and partner countries
are adequately represented;
(C) whether excursions beyond the operational plans,
including the potential of protracted warfare, are adequately
represented;
(D) the potential of simultaneous conflicts; and
(E) the degree to which the elements of section 222c(c) of
title 10, United States Code, are appropriate functional
categories.
(2) Any recommendations that could be beneficial to the overall
implementation of such section 222c.
(c) Weapons Described.--The weapons described in this subsection
are the following:
(1) Evolved sea sparrow missile.
(2) MK-48 heavyweight torpedo.
(3) Standard missile variants (including standard missile-6,
standard missile-3 block IIA, and standard missile-3 block IIA).
(4) Patriot guided missiles.
(5) Terminal high altitude area defense interceptors.
(6) Guided and ballistic missiles fired from the multiple-
launch rocket system (MLRS) or the high mobility artillery rocket
system (HIMARS).
(7) Javelin missile.
(8) Stinger missile.
(9) Air intercept missile (AIM)-9X-Sidewinder.
(10) AIM-120D--Advanced medium range air-to-air missile
(AMRAAM).
(11) Air to ground (AGM)-114--hellfire missile.
(12) Joint direct attack munition.
(13) Tomahawk land attack missile.
(14) Maritime strike tomahawk.
(15) Long range anti-ship missile.
(16) Naval strike missile.
(17) Joint air-to-surface standoff missile extended range.
(18) Harpoon anti-ship missile.
(19) Naval mines.
(20) Any other weapon that the Secretary of Defense or the
federally funded research and development center determine should
be included in the analysis.
(d) Report.--
(1) In general.--Not later than 210 days after entering into an
agreement under subsection (a), the Secretary of Defense shall
submit to the congressional defense committees--
(A) a complete independent assessment of the analysis
completed pursuant to the agreement; and
(B) any views from the Department of Defense the Secretary
chooses to include.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division and title XLVI of division D may be cited as the
``Military Construction Authorization Act for Fiscal Year 2023''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2026.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds for
fiscal year 2026 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment Program.
SEC. 2803. EFFECTIVE DATE AND AUTOMATIC EXECUTION OF CONFORMING CHANGES
TO TABLES OF SECTIONS, TABLES OF CONTENTS, AND SIMILAR TABULAR ENTRIES.
(a) Effective Date.--Titles XXI through XXVII shall take effect on
the later of--
(1) October 1, 2022; or
(2) the date of the enactment of this Act.
(b) Elimination of Need for Certain Separate Conforming
Amendments.--
(1) Automatic execution of conforming changes.--When an
amendment made by a provision of this division to a covered defense
law adds a section or larger organizational unit to the covered
defense law, repeals or transfers a section or larger
organizational unit in the covered defense law, or amends the
designation or heading of a section or larger organizational unit
in the covered defense law, that amendment also shall have the
effect of amending any table of sections, table of contents, or
similar table of tabular entries in the covered defense law to
alter the table to conform to the changes made by the amendment.
(2) Exceptions.--Paragraph (1) shall not apply to an amendment
described in such paragraph when--
(A) the amendment, or a separate clerical amendment enacted
at the same time as the amendment, expressly amends a table of
sections, table of contents, or similar table of tabular
entries in the covered defense law to alter the table to
conform to the changes made by the amendment; or
(B) the amendment otherwise expressly exempts itself from
the operation of this section.
(3) Covered defense law defined.--In this subsection, the term
``covered defense law'' means--
(A) titles 10, 32, and 37 of the United States Code;
(B) any national defense authorization Act or military
construction authorization Act that authorizes funds to be
appropriated for a fiscal year to the Department of Defense;
and
(C) any other law designated in the text thereof as a
covered defense law for purposes of application of this
section.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Demolition of District of Columbia Fort McNair Quarters 4,
13, and 15.
Sec. 2105. Modification of authority to carry out fiscal year 2019
project at Camp Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain
fiscal year 2018 projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Redstone Arsenal.............................. $102,000,000
Alaska......................................... Fort Wainwright............................... $99,000,000
Colorado....................................... Fort Carson................................... $14,200,000
Hawaii......................................... Fort Shafter.................................. $33,000,000
Schofield Barracks............................ $159,000,000
Tripler Army Medical Center................... $38,000,000
Louisiana...................................... Fort Polk..................................... $32,000,000
Maryland....................................... Aberdeen Proving Ground....................... $85,000,000
Mississippi.................................... Engineer Research and Development Center...... $20,000,000
New Jersey..................................... Picatinny Arsenal............................. $15,654,000
New York....................................... Fort Drum..................................... $3,600,000
North Carolina................................. Fort Bragg.................................... $34,000,000
Pennsylvania................................... Letterkenny Army Depot........................ $38,000,000
Texas.......................................... Corpus Christi Army Depot..................... $103,000,000
Fort Bliss.................................... $15,000,000
Fort Hood..................................... $19,000,000
Washington..................................... Joint Base Lewis-McChord...................... $49,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations outside the United States, and in the
amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Germany........................................ East Camp Grafenwoehr......................... $168,000,000
Japan.......................................... Kadena Air Force Base......................... $80,000,000
Kwajalein..................................... Kwajalein Atoll.............................. $69,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installation, in the number of units or
for the purpose, and in the amount set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Baumholder................. Family Housing New $81,000,000
Construction............
Italy.................................. Vincenza................... Family Housing New $95,000,000
Construction............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $17,339,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2022,
for military construction, land acquisition, and military family
housing functions of the Department of the Army as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2104. DEMOLITION OF DISTRICT OF COLUMBIA FORT MCNAIR QUARTERS 4,
13, AND 15.
Not later than one year after the date on which all the individuals
occupying District of Columbia Fort McNair Quarters 4, 13, and 15, as
of the date of the enactment of this Act, have moved out of such
Quarters, the Secretary of the Army shall demolish such Quarters.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2019
PROJECT AT CAMP TANGO, KOREA.
In the case of the authorization contained in the table in section
2101(b) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (division B of Public Law 115-232; 132 Stat. 2242) for
Camp Tango, Korea, for construction of a command and control facility
at the installation, the Secretary of the Army may increase scope for a
dedicated, enclosed egress pathway out of the underground facility to
facilitate safe escape in case of fire.
SEC. 2106. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2018 PROJECTS.
(a) Extension of Authority to Carry Out Certain Fiscal Year 2018
Projects.--
(1) Extension.--(A) Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorization set forth in the table in subparagraph (B), as
provided in section 2101(b) of that Act (131 Stat. 1819), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2024, whichever is later.
(B) The table referred to in subparagraph (A) is as follows:
Army: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Kunsan Air Base........... Unmanned Aerial Vehicle $53,000,000
Hangar..................
----------------------------------------------------------------------------------------------------------------
(2) Army family housing.--(A) Notwithstanding section 2002 of
the Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorization set forth in the table in subparagraph (B), as
provided in section 2102 of that Act (131 Stat. 1820), shall remain
in effect until October 1, 2023, or the date of the enactment of an
Act authorizing funds for military construction for fiscal year
2024, whichever is later.
(B) The table referred to in subparagraph (A) is as follows:
Army: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Kwajalein............................. Kwajalein Atoll........... Family Housing $31,000,000
Replacement Construction
----------------------------------------------------------------------------------------------------------------
(b) Modification of Authority to Carry Out Certain Fiscal Year 2018
Projects.--
(1) Kunsan air base, korea.--In the case of the authorization
contained in the table in section 2101(b) of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1819) for Kunsan Air Base, Korea, for
construction of an Unmanned Aerial Vehicle Hangar at the
installation, the Secretary of the Army may--
(A) construct the hangar at Camp Humphries, Korea; and
(B) remove primary scope associated with the relocation of
the air defense artillery battalion facilities to include a
ground based missile defense equipment area, fighting
positions, a missile resupply area air defense artillery
facility, a ready building and command post, a battery command
post area, a safety shelter, and a guard booth.
(2) Kwajalein atoll, hwajalein.--Section 2879(a)(1)(A) of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1874) is amended by
striking ``at least 26 family housing units'' and inserting ``not
more than 26 family housing units''.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018
project.
Sec. 2205. Transfer of customers from Navy electrical utility system at
former Naval Air Station Barber's Point, Hawaii, to new
electrical system in Kalaeloa, Hawaii.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State or Territory Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Marine Corps Air Ground Combat Center Twentynine $137,235,000
Palms...........................................
Marine Corps Base Camp Pendleton................. $145,079,000
Marine Corps Recruit Depot San Diego............. $94,848,000
Naval Air Station Lemoore........................ $247,633,000
Naval Base Point Loma Annex...................... $64,353,000
Naval Base San Diego............................. $151,278,000
Naval Surface Warfare Center Corona Division..... $17,100,000
Connecticut................................. Naval Submarine Base New London.................. $17,686,000
Florida..................................... Naval Air Station Jacksonville................... $100,570,000
Naval Air Station Whiting Field.................. $228,001,000
Georgia..................................... Naval Submarine Base Kings Bay................... $309,102,000
Guam........................................ Marine Corps Base Camp Blaz...................... $419,745,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................... $3,780,475,000
Marine Corps Base Kaneohe Bay.................... $100,206,000
Maryland.................................... Naval Surface Warfare Center Carderock Division.. $2,363,000
Naval Surface Warfare Center Indian Head Division $10,155,000
Nevada...................................... Naval Air Station Fallon......................... $159,866,000
North Carolina.............................. Marine Corps Air Station Cherry Point............ $44,830,000
Marine Corps Air Station New River............... $240,084,000
Marine Corps Base Camp Lejeune................... $54,122,000
Pennsylvania................................ Naval Surface Warfare Center Philadelphia $92,547,000
Division........................................
South Carolina.............................. Marine Corps Recruit Depot Parris Island......... $166,930,000
Virginia.................................... Naval Station Norfolk............................ $19,224,000
Naval Surface Warfare Center Dahlgren Division... $2,853,000
Washington.................................. Naval Air Station Whidbey Island................. $120,340,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia................................... Royal Australian Air Force Base Darwin........... $258,831,000
Djibouti.................................... Camp Lemonnier................................... $122,107,000
Japan....................................... Kadena Air Base.................................. $222,756,000
Spain....................................... Naval Station Rota............................... $92,323,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Navy may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units or for the purposes, and in the amounts set forth in the
following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units or Purpose Amount
----------------------------------------------------------------------------------------------------------------
Guam................................... Naval Support Activity Family housing new $289,776,000
Anderson.................. construction............
......................... ...............
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2203(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Navy may improve existing military family housing units in an amount
not to exceed $74,540,000.
(c) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2203(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Navy may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $14,123,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2022,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy, as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorization set forth in the
table in subsection (a), as provided in section 2201(a) of that Act
(131 Stat. 1822), shall remain in effect until October 1, 2023, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Guam.................................. Joint Region Marianas..... Navy-Commercial Tie-in $37,180,000
Hardening...............
----------------------------------------------------------------------------------------------------------------
SEC. 2205. TRANSFER OF CUSTOMERS FROM NAVY ELECTRICAL UTILITY SYSTEM AT
FORMER NAVAL AIR STATION BARBER'S POINT, HAWAII, TO NEW ELECTRICAL
SYSTEM IN KALAELOA, HAWAII.
(a) In General.--Subject to the availability of appropriations for
such purpose, the Secretary of the Navy shall pay the reasonable costs
to transfer all customers off of the electrical utility system of the
Navy located at former Naval Air Station Barber's Point, Hawaii, to the
new electrical system in Kalaeloa, Hawaii, operated by Hawaiian
Electric.
(b) Cooperative Agreement or Other Instrument.--The Secretary of
the Navy may enter into a cooperative agreement or other appropriate
instrument with a third party--
(1) to make amounts available to pay the reasonable costs of
transfers described in subsection (a); and
(2) to reimburse the third party for the reasonable costs that
it may incur to carry out paragraph (1).
(c) Facilitation of Transfer.--To facilitate the transfer of
customers described in subsection (a), the Secretary of the Navy shall
provide the following to the State of Hawaii:
(1) A load analysis and design necessary to complete such
transfer.
(2) Such rights of way and easements as may be necessary to
support the construction of replacement electrical infrastructure.
(d) Disposal of Navy Electrical System.--Subject to the
availability of appropriations for such purpose, after all customers
have been transferred as required under subsection (a), the Secretary
of the Navy may dispose of the electrical system of the Navy located at
former Naval Air Station Barber's Point, Hawaii.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2305. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2306. Modification of authority to carry out certain military
construction projects at Tyndall Air Force Base, Florida.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Maxwell Air Force Base.......................... $15,000,000
Alaska........................................ Clear Space Force Station....................... $72,080,000
Joint Base Elmendorf-Richardson................. $5,200,000
Arizona Davis-Monthan Air Force Base.................... $7,500,000
California.................................... Travis Air Force Base........................... $7,500,000
Vandenberg Space Force Base..................... $136,000,000
Florida....................................... Patrick Space Force Base........................ $97,000,000
Hawaii........................................ Air Force Research Laboratory - Maui $89,000,000
Experimental Site #1...........................
Illinois...................................... Scott Air Force Base............................ $19,893,000
New York...................................... Air Force Research Laboratory - Rome Research $4,200,000
Site...........................................
Ohio.......................................... Wright Patterson Air Force Base................. $29,000,000
Oklahoma...................................... Altus Air Force Base............................ $4,750,000
Tinker Air Force Base........................... $252,016,000
South Carolina................................ Shaw Air Force Base............................. $15,000,000
South Dakota.................................. Ellsworth Air Force Base........................ $335,900,000
Tennessee..................................... Arnold Air Force Base........................... $46,000,000
Texas......................................... Joint Base San Antonio-Randolph................. $29,000,000
Utah.......................................... Hill Air Force Base............................. $96,900,000
Washington.................................... Fairchild Air Force Base........................ $8,000,000
Wyoming....................................... F.E. Warren Air Force Base...................... $241,920,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Hungary....................................... Papa Air Base................................... $75,260,000
Iceland....................................... Naval Air Station Keflavik...................... $102,500,000
Italy......................................... Aviano Air Base................................. $51,615,000
Japan......................................... Kadena Air Base................................. $307,000,000
Jordan........................................ Muwaffaq Salti Air Base......................... $53,000,000
Norway........................................ Rygge Air Station............................... $9,700,000
Spain......................................... Moron Air Base.................................. $32,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2303(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Air Force may improve existing military family housing units in an
amount not to exceed $233,858,000.
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2303(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $17,730,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2022,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force, as specified in
the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECTS.
(a) Extension.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorizations set forth in
the table in paragraph (2), as provided in section 2301(a) of that
Act (131 Stat. 1825), shall remain in effect until October 1, 2023,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2024, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Tyndall Air Force Base.... Fire Station............. $17,000,000
Texas................................. Joint Base San Antonio.... BMT Classrooms/Dining.... $38,000,000
Joint Base San Antonio.... Camp Bullis Dining $18,500,000
Facility................
Wyoming............................... F. E. Warren Air Force Consolidated Helo/TRF Ops/ $62,000,000
Base..................... AMU and Alert Fac.......
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorizations set forth in
the table in paragraph (2), as provided in section 2903 of that Act
(131 Stat. 1876), shall remain in effect until October 1, 2023, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Hungary............................... Kecskemet Air Base........ ERI: Airfield Upgrades... $12,900,000
Kecskemet Air Base........ ERI: Construct Parallel $30,000,000
Taxiway.................
Kecskemet Air Base........ ERI: Increase POL Storage $12,500,000
Capacity................
Luxembourg............................ Sanem..................... ERI: ECAOS Deployable $67,400,000
Airbase System Storage..
Slovakia.............................. Malacky................... ERI: Airfield Upgrades... $4,000,000
Malacky................... ERI: Increase POL Storage $20,000,000
Capacity................
ERI: Airfield Upgrades.... Construct Combat Arms $22,000,000
Training and Maintenance
Facility................
----------------------------------------------------------------------------------------------------------------
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2021 PROJECT.
In the case of the authorization contained in the table in section
2301(a) of the Military Construction Authorization Act for Fiscal Year
2021 (division B of Public Law 116-283; 134 Stat. 4299) for Hill Air
Force Base, Utah, for construction of GBSD Organic Software Sustainment
Center, the Secretary of the Air Force may construct--
(1) up to 7,526 square meters of Surface Parking Lot in lieu of
constructing a 13,434 square meters vehicle parking garage; and
(2) up to 402 square meters of Storage Igloo.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN MILITARY
CONSTRUCTION PROJECTS AT TYNDALL AIR FORCE BASE, FLORIDA.
In the case of the authorization contained in section 2912(a) of
the Military Construction Authorization Act for Fiscal Year 2020
(division B of Public Law 116-92; 133 Stat. 1913) for Tyndall Air Force
Base, Florida--
(1) for construction of Lodging Facilities Phases 1-2, as
specified in such funding table and modified by section 2306(a)(7)
of the Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4302), the Secretary
of the Air Force may construct two emergency backup generators;
(2) for construction of Dorm Complex Phases 1-2, as specified
in such funding table and modified by section 2306(a)(8) of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4302), the Secretary
of the Air Force may construct an emergency backup generator;
(3) for construction of Site Development, Utilities, and Demo
Phase 2, as specified in such funding table and modified by section
2306(a)(6) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
4302), the Secretary of the Air Force may construct--
(A) up to 6,248 lineal meters of storm water utilities;
(B) up to 55,775 square meters of roads;
(C) up to 4,334 lineal meters of gas pipeline; and
(D) up to 28,958 linear meters of electrical;
(4) for construction of Tyndall AFB Gate Complex, as specified
in such funding table and modified by section 2306(a)(9) of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4302), the Secretary
of the Air Force may construct up to 55,694 square meters of
roadway with serpentines; and
(5) for construction of Deployment Center/Flight Line Dining/
AAFES, as specified in such funding table and modified by section
2306(a)(11) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
4303), the Secretary of the Air Force may construct up to 164
square meters of AAFES (Shoppette).
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy resilience and conservation investment
program projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal.............................. $151,000,000
California.................................. Naval Base Coronado........................... $75,712,000
Florida..................................... Hurlburt Field................................ $9,100,000
MacDill Air Force Base........................ $50,000,000
North Carolina.............................. Fort Bragg.................................... $34,470,000
Texas....................................... Joint Base San Antonio........................ $58,600,000
Virginia.................................... Dam Neck...................................... $26,600,000
Pentagon...................................... $18,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany...................................... Baumholder.................................... $184,723,000
Wiesbaden..................................... $104,779,000
Japan........................................ Yokota Air Base............................... $72,154,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT
PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations inside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State or Territory Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal.............................. $10,700,000
California.................................. Marine Corps Mountain Warfare Training Center. $30,672,000
Naval Base Ventura County..................... $16,032,000
Florida..................................... Naval Air Station Jacksonville................ $2,880,000
Patrick Space Force Base...................... $15,700,000
Georgia..................................... Fort Stewart-Hunter Army Airfield............. $25,400,000
Naval Submarine Base Kings Bay................ $13,440,000
Guam........................................ Naval Base Guam............................... $34,360,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................ $30,000,000
Kansas...................................... Fort Riley.................................... $25,780,000
Maryland.................................... National Security Agency-Washington, Fort $23,310,000
Meade........................................
Texas....................................... Fort Hood..................................... $31,500,000
U.S. Army Reserve Center, Conroe.............. $9,600,000
Virginia.................................... National Geospatial-Intelligence Agency Campus $1,100,000
East, Fort Belvoir...........................
Naval Support Activity Hampton Roads.......... $26,880,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations outside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti..................................... Camp Lemonnier................................ $28,800,000
Japan........................................ Kadena Air Base............................... $780,000
Kuwait....................................... Camp Arifjan.................................. $26,850,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2022,
for military construction, land acquisition, and military family
housing functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorization set forth in the
table in subsection (b), as provided in section 2401(b) of that Act
(131 Stat. 1829), for the projects specified in that table shall remain
in effect until October 1, 2023, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2024,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................ Iwakuni................ Construct Bulk Storage $30,800,000
Tanks PH 1............
Puerto Rico.......................... USCG Station; Punta Ramey Unit School $61,071,000
Borinquen............. Replacement...........
----------------------------------------------------------------------------------------------------------------
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Repeal of authorized approach to certain construction
project.
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2022, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501 as specified in the funding table in section 4601.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Korea, and in the amounts, set forth in the following
table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Humphreys......... Quartermaster Laundry/ $24,000,000
Dry Cleaner Facility..
Army................................. Camp Humphreys......... MILVAN CONNEX Storage $20,000,000
Yard..................
Navy................................. Camp Mujuk............. Replace Ordnance $150,000,000
Storage Magazines.....
Navy................................. Fleet Activities Water Treatment Plant $6,000,000
Chinhae............... Relocation............
Air Force............................ Gimhae Air Base........ Refueling Vehicle Shop. $8,800,000
Air Force............................ Osan Air Base.......... Combined Air and Space $306,000,000
Operations
Intelligence Center...
Air Force............................ Osan Air Base.......... Upgrade Electrical $235,000,000
Distribution West,
Phase 3...............
----------------------------------------------------------------------------------------------------------------
SEC. 2512. REPEAL OF AUTHORIZED APPROACH TO CERTAIN CONSTRUCTION
PROJECT.
Section 2511 of the Military Construction Authorization Act for
Fiscal Year 2022 (division B of Public Law 117-81; 135 Stat. 2177) is
amended--
(1) by striking ``(a) Authority to Accept Projects.--''; and
(2) by striking subsection (b).
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Corrections to authority to carry out certain fiscal year
2022 projects.
Sec. 2608. Extension of authority to carry out certain fiscal year 2018
projects.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State or Territory Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Joint Base Elmendorf-Richardson............... $63,000,000
Arkansas.................................... Camp Robinson................................. $9,500,000
Delaware.................................... River Road Training Site...................... $16,000,000
Florida..................................... Camp Blanding................................. $24,700,000
Gainesville................................... $21,000,000
Palm Coast Flagler RC FMS 9................... $12,000,000
Hawaii...................................... Kalaeloa...................................... $29,000,000
Indiana..................................... Atlanta Readiness Center...................... $20,000,000
Iowa........................................ West Des Moines Armory........................ $15,000,000
Michigan.................................... Grayling Airfield............................. $16,000,000
Minnesota................................... New Ulm Armory and FMS........................ $17,000,000
Nevada...................................... Harry Reid Training Center.................... $18,000,000
New York.................................... Glenmore RD Armory/FMS 17..................... $17,000,000
North Carolina.............................. McLeansville Camp Burton Road................. $15,000,000
Oregon...................................... Camp Umatilla................................. $14,243,000
Puerto Rico................................. Arroyo Readiness Center....................... $46,602,000
Camp Santiago Joint Maneuver Training Center.. $136,500,000
West Virginia............................... Buckhannon Brushy Fork........................ $14,000,000
Wyoming..................................... Camp Guernsey................................. $19,500,000
TS NG Sheridan................................ $14,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
------------------------------------------------------------------------
State or Territory Location Amount
------------------------------------------------------------------------
California.................. Camp Pendleton............... $13,000,000
Florida..................... Perrine...................... $46,000,000
Ohio........................ Wright-Patterson Air Force $16,000,000
Base.
Puerto Rico................. Fort Buchanan................ $24,000,000
Washington.................. Yakima....................... $22,000,000
Wisconsin................... Fort McCoy................... $64,000,000
------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in
the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Hawaii......................................... Marine Corps Base Kaneohe Bay.................. $116,964,000
Michigan....................................... Marine Forces Reserve Battle Creek............. $27,702,000
Virginia....................................... Marine Forces Reserve Dam Neck Virginia Beach.. $11,856,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard locations
inside the United States, and in the amounts, set forth in the
following table:
Air National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alabama..................... Montgomery Regional Airport.. $9,200,000
Arizona..................... Morris Air National Guard $12,000,000
Base.
Tucson International Airport. $11,700,000
Florida..................... Jacksonville International $30,000,000
Airport.
Indiana..................... Fort Wayne International $16,500,000
Airport.
Ohio........................ Rickenbacker Air National $8,000,000
Guard Base.
Rhode Island................ Quonset State Airport........ $46,000,000
Tennessee................... McGhee-Tyson Airport......... $31,000,000
West Virginia............... McLaughlin Air National Guard $12,500,000
Base.
------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air Force Reserve locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Arizona..................... Davis-Monthan Air Force Base. $8,000,000
Mississippi................. Keesler Air Force Base....... $10,000,000
Oklahoma.................... Tinker Air Force Base........ $12,500,000
Virginia.................... Langley Air Force Base....... $10,500,000
------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2022, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
SEC. 2607. CORRECTIONS TO AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2022 PROJECTS.
The authorization table in section 2601 of the Military
Construction Authorization Act for Fiscal Year 2022 (division B of
Public Law 117-81; 135 Stat. 2178) is amended--
(1) in the item relating to Redstone Arsenal, Alabama, by
striking ``Redstone Arsenal'' and inserting ``Huntsville Readiness
Center'';
(2) in the item relating to Jerome National Guard Armory,
Idaho, by striking ``Jerome National Guard Armory'' and inserting
``Jerome County Regional Site'';
(3) in the item relating to Nickell Memorial Armory Topeka,
Kansas, by striking ``Nickell Memorial Armory Topeka'' and
inserting ``Topeka Forbes Field'';
(4) in the item relating to Lake Charles National Guard
Readiness Center, Louisiana, by striking ``Lake Charles National
Guard Readiness Center'' and inserting ``Lake Charles Chennault
Airport NGLA'';
(5) in the item relating to Camp Grayling, Michigan, by
striking ``Camp Grayling'' and inserting ``Grayling Airfield'';
(6) in the item relating to Butte Military Entrance Testing
Site, Montana, by striking ``Butte Military Entrance Testing Site''
and inserting ``Silver Bow Readiness Center Land'';
(7) in the item relating to Mead Army National Guard Readiness
Center, Nebraska, by striking ``Mead Army National Guard Readiness
Center'' and inserting ``Mead TS/FMS 06/Utes 02'';
(8) in the item relating to Dickinson National Guard Armory,
North Dakota, by striking ``Dickinson National Guard Armory'' and
inserting ``Dickinson Complex'';
(9) in the item relating to Bennington National Guard Armory,
Vermont, by striking ``Bennington National Guard Armory'' and
inserting ``Bennington''; and
(10) in the item relating to Camp Ethan Allen Training Site,
Vermont, by striking ``Camp Ethan Allen Training Site'' and
inserting ``National Guard Ethan Allen Air Force Base Training
Site''.
SEC. 2608. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorizations set forth in the
table in subsection (b), as provided in section 2604 of that Act (131
Stat. 1836), shall remain in effect until October 1, 2023, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Indiana............................... Hulman Regional Airport... Construct Small Arms $8,000,000
Range...................
South Dakota.......................... Joe Foss Field............ Aircraft Maintenance $12,000,000
Shops...................
Wisconsin............................. Dane County Regional/ Construct Small Arms $8,000,000
Airport Truax Field...... Range...................
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account.
Sec. 2702. Authorization to fund certain demolition and removal
activities through Department of Defense Base Closure Account.
Sec. 2703. Prohibition on conducting additional base realignment and
closure (BRAC) round.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2022, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act (as amended by
section 2711 of the Military Construction Authorization Act for Fiscal
Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
SEC. 2702. AUTHORIZATION TO FUND CERTAIN DEMOLITION AND REMOVAL
ACTIVITIES THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT.
(a) In General.--Section 2906(c)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note) is amended by adding at
the end the following new subparagraph:
``(E) To carry out the demolition or removal of any
building or structure under the control of the Secretary of the
Navy that is not designated as historic under a Federal, State,
or local law and is located on a military installation closed
or realigned under a base closure law (as such term is defined
in section 101 of title 10, United States Code) at which the
sampling or remediation of radiologically contaminated
materials has been the subject of substantiated allegations of
fraud, without regard to--
``(i) whether the building or structure is
radiologically impacted; or
``(ii) whether such demolition or removal is carried
out, as part of a response action or otherwise, under the
Defense Environmental Restoration Program specified in
subparagraph (A) or CERCLA (as such term is defined in
section 2700 of title 10, United States Code).''.
(b) Funding.--The amendment made by this section may only be
carried out using funds authorized to be appropriated in the table in
section 4601.
SEC. 2703. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND
CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an additional
Base Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority to
carry out unspecified minor military construction.
Sec. 2802. Modification of annual locality adjustment of dollar
thresholds applicable to unspecified minor military
construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization
program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified
minor military construction for lab revitalization.
Sec. 2805. Military construction projects for innovation, research,
development, test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy,
Installations, and Environment as Chief Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost variations
for military construction projects and military family housing
projects.
Sec. 2809. Use of operation and maintenance funds for certain
construction projects outside the United States.
Sec. 2810. Consideration of installation of integrated solar roofing to
improve energy resiliency of military installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and
Unified Facilities Criteria to include specifications on use
of gas insulated switchgear and criteria and specifications on
microgrids and microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders
that impact cost and scope of work of military construction
projects.
Sec. 2813. Requirement for inclusion of Department of Defense Forms 1391
with annual budget submission by President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B--Military Housing Reforms
Sec. 2821. Standardization of military installation Housing Requirements
and Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical
conditions of residents in privatized military housing.
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts
with federally funded research and development centers.
Sec. 2832. Limitation on use of funds pending completion of military
installation resilience component of master plans for at-risk
major military installations.
Sec. 2833. Physical entrances to certain military installations.
Subtitle D--Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army
Depot, Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex,
Virginia Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha,
Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E--Miscellaneous Studies and Reports
Sec. 2851. Study on practices with respect to development of military
construction projects.
Sec. 2852. Report on capacity of Department of Defense to provide
survivors of natural disasters with emergency short-term
housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States
military installations by the People's Republic of China.
Subtitle F--Other Matters
Sec. 2861. Required consultation with State and local entities for
notifications related to the basing decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program
of certain projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the
report on strategic seaports in Defense Community
Infrastructure Pilot Program.
Sec. 2864. Inclusion of certain property for purposes of defense
community infrastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable
building materials in military construction to include
locations throughout the United States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for
certain construction projects in the Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of
Inspectors General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training
facility.
Sec. 2870. Limitation on use of funds for closure of combat readiness
training centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot
Project.
Sec. 2873. Access to military installations for Homeland Security
Investigations personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with
civil aviation.
Sec. 2875. Electrical charging capability construction requirements
relating to parking for Federal Government motor vehicles.
Subtitle A--Military Construction Program
SEC. 2801. TEMPORARY INCREASE OF AMOUNTS IN CONNECTION WITH AUTHORITY
TO CARRY OUT UNSPECIFIED MINOR MILITARY CONSTRUCTION.
For the period beginning on the date of the enactment of this Act
and ending on December 1, 2025, section 2805 of title 10, United States
Code, shall be applied and administered--
(1) in subsection (a)(2), by substituting ``$9,000,000'' for
``$6,000,000'';
(2) in subsection (c), by substituting ``$4,000,000'' for
``$2,000,000'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by substituting ``$9,000,000''
for ``$6,000,000''; and
(ii) in subparagraph (B), by substituting
``$9,000,000'' for ``$6,000,000''; and
(B) in paragraph (2), by substituting ``$9,000,000'' for
``$6,000,000''; and
(4) in subsection (f)(1), by substituting ``$14,000,000'' for
``$10,000,000''.
SEC. 2802. MODIFICATION OF ANNUAL LOCALITY ADJUSTMENT OF DOLLAR
THRESHOLDS APPLICABLE TO UNSPECIFIED MINOR MILITARY CONSTRUCTION
AUTHORITIES.
Section 2805(f)(2) of title 10, United States Code, as amended by
this Act, is further amended--
(1) by striking ``or the Commonwealth'' and inserting ``Wake
Island, the Commonwealth''; and
(2) by inserting ``, or a former United States Trust Territory
now in a Compact of Free Association with the United States'' after
``Mariana Islands''.
SEC. 2803. PERMANENT AUTHORITY FOR DEFENSE LABORATORY MODERNIZATION
PROGRAM.
(a) In General.--Section 2805 of title 10, United States Code, as
amended by this Act, is further amended by adding at the end the
following new subsection:
``(g) Defense Laboratory Modernization Program.--(1) Using amounts
appropriated or otherwise made available to the Department of Defense
for research, development, test, and evaluation, the Secretary of
Defense may fund a military construction project described in paragraph
(4) at any of the following:
``(A) A Department of Defense science and technology
reinvention laboratory (as designated under section 4121(b) of this
title).
``(B) A Department of Defense federally funded research and
development center that functions primarily as a research
laboratory.
``(C) A Department of Defense facility in support of a
technology development program that is consistent with the fielding
of offset technologies as described in section 218 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92;
10 U.S.C. note 4811).
``(D) A Department of Defense research, development, test, and
evaluation facility that is not designated as a science and
technology reinvention laboratory, but nonetheless is involved with
developmental test and evaluation.
``(2) Subject to the condition that a military construction project
under paragraph (1) be authorized in a Military Construction
Authorization Act, the authority to carry out the military construction
project includes authority for--
``(A) surveys, site preparation, and advanced planning and
design;
``(B) acquisition, conversion, rehabilitation, and installation
of facilities;
``(C) acquisition and installation of equipment and
appurtenances integral to the project; acquisition and installation
of supporting facilities (including utilities) and appurtenances
incident to the project; and
``(D) planning, supervision, administration, and overhead
expenses incident to the project.
``(3)(A) The Secretary of Defense shall include military
construction projects proposed to be carried out under paragraph (1) in
the budget justification documents for the Department of Defense
submitted to Congress in connection with the budget for a fiscal year
submitted under 1105 of title 31.
``(B) Not less than 14 days prior to the first obligation of funds
described in paragraph (1) for a military construction project to be
carried out under such paragraph, the Secretary of Defense shall submit
to the congressional defense committees a notification providing an
updated construction description, cost, and schedule for the project
and any other matters regarding the project as the Secretary considers
appropriate.
``(4) The authority provided by paragraph (1) to fund military
construction projects using amounts appropriated or otherwise made
available for research, development, test, and evaluation is limited to
military construction projects that the Secretary of Defense, in the
budget justification documents exhibits submitted pursuant to paragraph
(3)(A), determines--
``(A) will support research and development activities at
laboratories described in paragraph (1);
``(B) will establish facilities that will have significant
potential for use by entities outside the Department of Defense,
including universities, industrial partners, and other Federal
agencies;
``(C) are endorsed for funding by more than one military
department or Defense Agency; and
``(D) cannot be fully funded within the thresholds otherwise
specified in this section.
``(5) The maximum amount of funds appropriated or otherwise made
available for research, development, test, and evaluation that may be
obligated in any fiscal year for military construction projects under
paragraph (1) is $150,000,000.
``(6)(A) In addition to the authority provided to the Secretary of
Defense under paragraph (1) to use amounts appropriated or otherwise
made available for research, development, test, and evaluation for a
military construction project referred to in such subsection, the
Secretary of the military department concerned may use amounts
appropriated or otherwise made available for research, development,
test, and evaluation to obtain architectural and engineering services
and to carry out construction design in connection with such a project.
``(B) In the case of architectural and engineering services and
construction design to be undertaken under this paragraph for which the
estimated cost exceeds $1,000,000, the Secretary concerned shall notify
the appropriate committees of Congress of the scope of the proposed
project and the estimated cost of such services before the initial
obligation of funds for such services. The Secretary may then obligate
funds for such services only after the end of the 14-day period
beginning on the date on which the notification is received by the
committees in an electronic medium pursuant to section 480 of this
title.''.
(b) Applicability.--Subsection (g) of section 2805 of title 10,
United States Code, as added by subsection (a), shall apply with
respect only to amounts appropriated after the date of the enactment of
this Act.
(c) Conforming Repeal.--Section 2803 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C.
note prec. 4121) is repealed.
SEC. 2804. ELIMINATION OF SUNSET OF AUTHORITY TO CONDUCT UNSPECIFIED
MINOR MILITARY CONSTRUCTION FOR LAB REVITALIZATION.
Section 2805(d) of title 10, United States Code, as amended by this
Act, is further amended by striking paragraph (5).
SEC. 2805. MILITARY CONSTRUCTION PROJECTS FOR INNOVATION, RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION.
(a) In General.--Subchapter I of chapter 169 of title 10, United
States Code, is amended by inserting after section 2809 the following
new section:
``Sec. 2810. Military construction projects for innovation, research,
development, test, and evaluation
``(a) Project Authorization Required.--The Secretary of Defense may
carry out such military construction projects for innovation, research,
development, test, and evaluation as are authorized by law, using funds
appropriated or otherwise made available for that purpose.
``(b) Submission of Project Proposals.--As part of the defense
budget materials for each fiscal year, the Secretary of Defense shall
include the following information for each military construction
project covered by subsection (a):
``(1) The project title.
``(2) The location of the project.
``(3) A brief description of the scope of work.
``(4) A completed Department of Defense Form 1391 budget
justification that includes the original project cost estimate.
``(5) A current working cost estimate, if different that the
cost estimate contained in such Form 1391.
``(6) Such other information as the Secretary considers
appropriate.
``(c) Budget Justification Display.--The Secretary of Defense shall
include with the defense budget materials for each fiscal year a
consolidated budget justification display that individually identifies
each military construction project covered by subsection (a) and the
amount requested for such project for such fiscal year.
``(d) Application to Military Construction Projects.--This section
shall apply to military construction projects covered by subsection (a)
for which a Department of Defense Form 1391 is submitted to the
appropriate committees of Congress in connection with the budget of the
Department of Defense for fiscal year 2023 and thereafter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2809 the following new item:
``2810. Military construction projects for innovation, research,
development, test, and evaluation.''.
SEC. 2806. SUPERVISION OF LARGE MILITARY CONSTRUCTION PROJECTS.
(a) Supervision of Large Military Construction Projects.--Section
2851 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Report on Supervision of Large Military Construction
Projects.--Before the award of a contract of a value greater than
$500,000,000 in connection with a military construction project, the
individual directing and supervising such military construction project
under subsection (a) or the individual designated pursuant to
subsection (b) (as applicable) shall submit to the appropriate
committees of Congress a report on the intended supervision,
inspection, and overhead plan to manage such military construction
project. Each such report shall include the following:
``(1) A determination of the overall funding intended to manage
the supervision, inspection, and overhead of the military
construction project.
``(2) An assessment of whether a Department of Defense Field
Activity directly reporting to such individual should be
established.
``(3) A description of the quality assurance approach to the
military construction project.
``(4) The independent cost estimate described in section
3221(b)(6)(A) of this title.
``(5) The overall staffing approach to oversee the military
construction project for each year of the contract term.''.
(b) Conforming Amendment to Duties of the Director of Cost
Assessment and Program Evaluation.--Section 3221(b)(6)(A) of title 10,
United States Code, is amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following new clause:
``(v) any decision to enter into a contract in
connection with a military construction project of a value
greater than $500,000,000; and''.
(c) Applicability.--This section and the amendments made by this
section shall apply to contracts entered into on or after the date of
the enactment of this Act.
SEC. 2807. SPECIFICATION OF ASSISTANT SECRETARY OF DEFENSE FOR ENERGY,
INSTALLATIONS, AND ENVIRONMENT AS CHIEF HOUSING OFFICER.
Subsection (a) of section 2851a of title 10, United States Code, is
amended to read as follows:
``(a) In General.--The Assistant Secretary of Defense for Energy,
Installations, and Environment shall serve as the Chief Housing
Officer, who shall oversee family housing and military unaccompanied
housing under the jurisdiction of the Department of Defense or acquired
or constructed under subchapter IV of this chapter (in this section
referred to as `covered housing units').''.
SEC. 2808. CLARIFICATION OF EXCEPTIONS TO LIMITATIONS ON COST
VARIATIONS FOR MILITARY CONSTRUCTION PROJECTS AND MILITARY FAMILY
HOUSING PROJECTS.
Subparagraph (D) of section 2853(c)(1) of title 10, United States
Code, is amended to read as follows:
``(D) The Secretary concerned may not use the authority provided by
subparagraph (A) to waive the cost limitation applicable to a military
construction project with a total authorized cost greater than
$500,000,000 or a military family housing project with a total
authorized cost greater than $500,000,000 if that waiver would increase
the project cost by more than 50 percent of the total authorized cost
of the project.''.
SEC. 2809. USE OF OPERATION AND MAINTENANCE FUNDS FOR CERTAIN
CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.
(a) Permanent Authority.--Section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1723), as most recently amended by section 2806 of the
Military Construction Authorization Act for Fiscal Year 2022 (division
B of Public Law 117-81; 135 Stat. 2190), is further amended--
(1) in subsection (a)--
(A) by striking ``, inside the area of responsibility of
the United States Central Command or certain countries in the
area of responsibility of the United States Africa Command,'';
(B) by inserting ``outside the United States'' after
``construction project''; and
(C) in paragraph (2), by striking ``, unless the military
installation is located in Afghanistan, for which projects
using this authority may be carried out at installations deemed
as supporting a long-term presence''; and
(2) in subsection (c)(1), by striking subparagraph (A) and
redesignating subparagraphs (B) and (C) as subparagraphs (A) and
(B), respectively.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b), by striking ``subsection (f)'' and
inserting ``subsection (d)'';
(2) by striking subsection (e);
(3) by redesignating subsections (f) and (g) as subsections (d)
and (e), respectively;
(4) in subsection (e), as so redesignated, by striking
``subsection (f)'' and inserting ``subsection (d)''; and
(5) by striking subsections (h) and (i).
(c) Clerical Amendments.--Such section is further amended as
follows:
(1) The section heading for such section is amended--
(A) by striking ``temporary, limited authority'' and
inserting ``authority'' ; and
(B) by inserting ``certain'' before ``construction
projects''.
(2) The subsection heading for subsection (a) of such section
is amended by striking ``Temporary Authority'' and inserting ``In
General''.
(d) Classification.--The Law Revision Counsel is directed to
classify section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1723), as amended by subsection (a), as a note following section 2804
of title 10, United States Code.
SEC. 2810. CONSIDERATION OF INSTALLATION OF INTEGRATED SOLAR ROOFING TO
IMPROVE ENERGY RESILIENCY OF MILITARY INSTALLATIONS.
The Secretary of Defense shall amend the Unified Facilities
Criteria/DoD Building Code (UFC 1-200-01) to require that planning and
design for military construction projects inside the United States
include consideration of the feasibility and cost-effectiveness of
installing integrated solar roofing as part of the project, for the
purpose of--
(1) promoting on-installation energy security and energy
resilience;
(2) providing grid support to avoid energy disruptions; and
(3) facilitating implementation and greater use of the
authority provided by subsection (h) of section 2911 of title 10,
United States Code.
SEC. 2811. REVISION OF UNIFIED FACILITIES GUIDE SPECIFICATIONS AND
UNIFIED FACILITIES CRITERIA TO INCLUDE SPECIFICATIONS ON USE OF GAS
INSULATED SWITCHGEAR AND CRITERIA AND SPECIFICATIONS ON MICROGRIDS AND
MICROGRID CONVERTERS.
(a) Gas Insulated Switchgear.--Not later than one year after the
date of the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall modify the Unified Facilities Guide
Specifications to include a distinct specification for medium voltage
gas insulated switchgear.
(b) Microgrids.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall--
(1) modify the Unified Facilities Criteria to include criteria
for microgrids; and
(2) modify the Unified Facilities Guide Specifications to
include specifications for microgrids and microgrid controllers.
SEC. 2812. DETERMINATION AND NOTIFICATION RELATING TO EXECUTIVE ORDERS
THAT IMPACT COST AND SCOPE OF WORK OF MILITARY CONSTRUCTION PROJECTS.
(a) Determination and Update of Form 1391.--Not later than 30 days
after the date on which an Executive order is signed by the President,
the Secretary concerned shall--
(1) determine whether implementation of the Executive order
would cause a cost or scope of work variation for a military
construction project under the jurisdiction of the Secretary
concerned;
(2) assess the potential for life-cycle cost savings associated
with implementation of the Executive order for such a project; and
(3) update the Department of Defense Form 1391 for each such
project that has not been submitted for congressional
consideration, where such implementation would affect such cost or
scope of work variation, including--
(A) projects to be commenced in the next fiscal year
beginning after the date on which the Executive order was
signed; and
(B) projects covered by the future-years defense program
submitted under section 221 of title 10, United States Code.
(b) Notification to Congress.--Not later than 10 days after
determining under subsection (a)(1) that implementation of an Executive
order would cause a cost or scope of work variation for a military
construction project, the Secretary concerned shall submit to the
congressional defense committees a report indicating the estimated cost
increases, scope of work increases, life-cycle costs, and any other
impacts of such implementation.
(c) Certification.--Along with the submission to Congress of the
budget of the President for a fiscal year under section 1105(a) of
title 31, United States Code, each Secretary concerned shall certify to
Congress that each Department of Defense Form 1391 provided to Congress
for that fiscal year for a military construction project has been
updated with any cost or scope of work variation specified in
subsection (a)(1) with respect to an Executive order signed during the
four-year period preceding such certification, including an indication
of any cost increases for such project that is directly attributable to
such Executive order.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Code.
SEC. 2813. REQUIREMENT FOR INCLUSION OF DEPARTMENT OF DEFENSE FORMS
1391 WITH ANNUAL BUDGET SUBMISSION BY PRESIDENT.
Concurrently with the submission to Congress by the President of
the annual budget of the Department of Defense for a fiscal year under
section 1105(a) of title 31, United States Code, the President shall
include each Department of Defense Form 1391, or successor similar
form, for a military construction project to be carried out during that
fiscal year.
SEC. 2814. USE OF INTEGRATED PROJECT DELIVERY CONTRACTS.
(a) In General.--In fiscal year 2023, the Secretary of the Army,
the Secretary of the Navy, and the Secretary of the Air Force shall
each enter into at least one integrated project delivery contract for
the delivery of a military construction project.
(b) Integrated Project Delivery Contract Defined.--In this section,
the term ``integrated project delivery contract'' means a single
contract for the delivery of a whole project that--
(1) includes, at a minimum, the Secretary concerned, builder,
and architect-engineer as parties that are subject to the terms of
the contract;
(2) aligns the interests of all the parties to the contract
with respect to the project costs and project outcomes; and
(3) includes processes to ensure transparency and collaboration
among all parties to the contract relating to project costs and
project outcomes.
Subtitle B--Military Housing Reforms
SEC. 2821. STANDARDIZATION OF MILITARY INSTALLATION HOUSING
REQUIREMENTS AND MARKET ANALYSES.
(a) In General.--Subchapter II of chapter 169 of title 10, United
States Code, is amended by inserting after section 2836 the following
new section:
``Sec. 2837. Housing Requirements and Market Analysis
``(a) In General.--Not less frequently than once every five years
and in accordance with the requirements of this section, the Secretary
concerned shall conduct a Housing Requirements and Market Analysis (in
this section referred to as an `HRMA') for each military installation
under the jurisdiction of the Secretary concerned that is located in
the United States.
``(b) Prioritization of Installations.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary concerned shall prioritize the conduct of HRMAs for
military installations--
``(A) for which an HRMA has not been conducted during the
five-year period preceding the date of the enactment of this
section; or
``(B) in locations with housing shortages.
``(2) Existing 5-year requirement.--Paragraph (1) shall not
apply to a military department that required an HRMA to be
conducted for each military installation not less frequently than
once every five years before the date of the enactment of this
section.
``(c) Submittal to Congress.--The Secretary of Defense shall
include with the budget materials for the Department of Defense for
fiscal year 2024 and each subsequent fiscal year (as submitted to
Congress pursuant to section 1105 of title 31, United States Code) a
list of the military installations for which the Secretary concerned
plans to conduct an HRMA during the fiscal year covered by such budget
materials.
``(d) Housing Requirements and Market Analysis.--The term `Housing
Requirements and Market Analysis'or `HRMA' means, with respect to a
military installation, a structured analytical process under which an
assessment is made of both the suitability and availability of the
private sector rental housing market using assumed specific standards
related to affordability, location, features, physical condition, and
the housing requirements of the total military population of such
installation.''.
(b) Time Frame.--
(1) In general.--During each of fiscal years 2023 through 2027,
the Secretary concerned shall conduct an HRMA for 20 percent of the
military installations under the jurisdiction of the Secretary
concerned located in the United States.
(2) Submittal of information to congress.--Not later than
January 15, 2023, the Secretary concerned shall submit to the
congressional defense committees a list of military installations
for which the Secretary concerned plans to conduct an HRMA during
fiscal year 2023.
(c) Definitions.--In this section:
(1) The term ``HRMA'' means, with respect to a military
installation, a structured analytical process under which an
assessment is made of both the suitability and availability of the
private sector rental housing market using assumed specific
standards related to affordability, location, features, physical
condition, and the housing requirements of the total military
population of such installation.
(2) The term ``military installation'' has the meaning given in
section 2801 of title 10, United States Code.
(3) The term ``Secretary concerned'' has the meaning given that
term in section 101(a) of title 10, United States Code.
SEC. 2822. NOTICE REQUIREMENT FOR MHPI GROUND LEASE EXTENSIONS.
Section 2878 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Notice of Lease Extensions.--(1) The Secretary concerned
shall provide to the congressional defense committees notice in writing
and a briefing--
``(A) not later than 60 days after beginning negotiations with
a lessor for the extension of the term of any ground lease of
property or facilities under this section; and
``(B) not later than 90 days before extending the term of any
ground lease of property or facilities under this section.
``(2) A notice and briefing required under paragraph (1) shall
include each of the following:
``(A) A description of any material differences between the
extended ground lease and the original ground lease, including with
respect to--
``(i) the length of the term of the lease, as extended; and
``(ii) any new provisions that materially affect the rights
and responsibilities of the ground lessor or the ground lessee
under the original ground lease.
``(B) The number of housing units or facilities subject to the
ground lease that, during the lease extension, are to be--
``(i) constructed;
``(ii) demolished; or
``(iii) renovated.
``(C) The source of any additional financing the lessor has
obtained, or intends to obtain, during the term of the ground lease
extension that will be used for the development of the property or
facilities subject to the ground lease.
``(D) The following information, displayed annually, for the
five-year period preceding the date of the notice and briefing:
``(i) The debt-to-net operating income ratio for the
property or facility subject to the ground lease.
``(ii) The occupancy rates for the housing units subject to
the ground lease.
``(iii) An report on maintenance response times and
completion of maintenance requests for the housing units
subject to the ground lease.
``(iv) The occupancy rates and debt-to-net operating income
ratios of any other military privatized housing initiative
projects managed by a company that controls, or that is under
common control with, the ground lessee entering into the lease
extension.''.
SEC. 2823. ANNUAL BRIEFINGS ON MILITARY HOUSING PRIVATIZATION PROJECTS.
Section 2884 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Annual Briefings.--Not later than February 1 of each year,
each Secretary concerned shall provide to the Committees on Armed
Services of the Senate and House of Representatives a briefing on
military housing privatization projects under the jurisdiction of the
Secretary. Such briefing shall include, for the 12-month period
preceding the date of the briefing, each of the following:
``(1) The information described in paragraphs (1) through (14)
of subsection (c) with respect to all military housing
privatization projects under the jurisdiction of the Secretary.
``(2) A review of any such project that is expected to require
the restructuring of a loan, including any public or private loan.
``(3) For any such project expected to require restructuring, a
timeline for when such restructuring is expected to occur.
``(4) Such other information as the Secretary determines
appropriate.''.
SEC. 2824. MOLD INSPECTION OF VACANT HOUSING UNITS.
Section 2891a of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Requirements for Secretary Concerned.--The Secretary
concerned shall be responsible for--
``(1) providing for a mold inspection of each vacant housing
unit before any new tenant moves into the unit; and
``(2) providing to the new tenant the results of the
inspection.''.
SEC. 2825. IMPLEMENTATION OF RECOMMENDATIONS FROM AUDIT OF MEDICAL
CONDITIONS OF RESIDENTS IN PRIVATIZED MILITARY HOUSING.
Not later than March 1, 2023, the Secretary of Defense shall
implement the recommendations contained in the report of the Inspector
General of the Department of Defense published on April 1, 2022, and
titled ``Audit of Medical Conditions of Residents in Privatized
Military Housing'' (DODIG-2022-078).
Subtitle C--Real Property and Facilities Administration
SEC. 2831. AUTHORIZED LAND AND FACILITIES TRANSFER TO SUPPORT CONTRACTS
WITH FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2668a the following new section:
``Sec. 2669. Transfer of land and facilities to support contracts with
federally funded research and development centers
``(a) Lease of Land, Facilities, and Improvements.--(1) The
Secretary of a military department may lease, for no consideration,
land, facilities, infrastructure, and improvements to a covered FFRDC
if the lease is to further the purposes of a contract between the
Department of Defense and the covered FFRDC.
``(2) A lease entered into under paragraph (1) shall terminate on
the earlier of the following dates:
``(A) The date that is 50 years after the date on which the
Secretary enters into the lease.
``(B) The date of the termination or non-renewal of the
contract between the Department of Defense and the covered FFRDC
related to the lease.
``(b) Conveyance of Facilities and Improvements.--(1) The Secretary
of a military department may convey, for no consideration, ownership of
facilities and improvements located on land leased to a covered FFRDC
to further the purposes of a contract between the Department of Defense
and the covered FFRDC.
``(2) The ownership of any facilities and improvements conveyed by
the Secretary of a military department or any improvements made to the
leased land by the covered FFRDC under this subsection shall, as
determined by the Secretary of a military department, revert or
transfer to the United States upon the termination or non-renewal of
the underlying land lease.
``(3) Any facilities and improvements conveyed by the Secretary of
a military department shall be demolished by the covered FFDRC as
determined by such Secretary.
``(c) Construction Standards.--A lease entered into under this
section may provide that any facilities constructed on the leased land
may be constructed using commercial standards in a manner that provides
force protection safeguards appropriate to the activities conducted in,
and the location of, such facilities.
``(d) Inapplicability of Certain Property Management Laws.--(1) The
conveyance or lease of property or facilities, improvements, and
infrastructure under this section shall not be subject to the following
provisions of law:
``(A) Section 2667 of this title.
``(B) Section 1302 of title 40.
``(C) Section 501 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11411).
``(2) Sections 2662 and 2802 of this title shall not apply to any
improvements or facilities constructed by the covered FFRDC on land
leased or conveyed to a covered FFRDC described in subsection (a) or
(b).
``(e) Competitive Procedures for Selection of Certain Lessees;
Exception.--If a proposed lease under this section is with respect to a
covered FFRDC, the use of competitive procedures for the selection of
the lessee is not required and the provisions of chapter 33 of title
41, United States Code, or chapter 221 of title 10, United States Code,
and the related provisions of the Federal Acquisition Regulation shall
not apply.
``(f) Covered FFRDC Defined.--In this section, the term `covered
FFRDC' means a federally funded research and development center that is
sponsored by, and has entered into a contract with, the Department of
Defense.''.
(b) Clerical Amendment.--The table of sections for chapter 159 of
title 10, United States Code, is amended by inserting after the item
relating to section 2668a and inserting the following new item:
``2669. Transfer of land and facilities to support contracts with
federally funded research and development centers.''.
SEC. 2832. LIMITATION ON USE OF FUNDS PENDING COMPLETION OF MILITARY
INSTALLATION RESILIENCE COMPONENT OF MASTER PLANS FOR AT-RISK MAJOR
MILITARY INSTALLATIONS.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Office of the
Secretary of Defense for administration and service-wide activities,
not more than 50 percent may be obligated or expended until the date on
which each Secretary of a military department has satisfied the
requirements of section 2833 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2864 note).
SEC. 2833. PHYSICAL ENTRANCES TO CERTAIN MILITARY INSTALLATIONS.
The Secretary of Defense shall ensure that, to the extent
practicable that--
(1) each military installation in the United States has a
designated main entrance that, at all times, is manned by at least
one member of the Armed Forces or civilian employee of the
Department of Defense;
(2) the location of each such designated main entrance is
published on a publicly accessible internet website of the
Department;
(3) in the case of a military installation in the United States
that has any additional entrance designated for commercial
deliveries to the military installation, the location of such
entrance (and any applicable days or hours of operation for such
entrance) is published on the same internet website as the website
referred to in paragraph (2); and
(4) the information required to be published on the internet
website under paragraph (2) is reviewed and, as necessary, updated
on a basis that is not less frequent than annually.
Subtitle D--Land Conveyances
SEC. 2841. EXTENSION OF TIME FRAME FOR LAND CONVEYANCE, SHARPE ARMY
DEPOT, LATHROP, CALIFORNIA.
Section 2833(g) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended
by striking ``one year'' and inserting ``three years''.
SEC. 2842. LAND CONVEYANCE, JOINT BASE CHARLESTON, SOUTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Air Force (in this
section referred to as the ``Secretary'') may convey to the City of
North Charleston, South Carolina (in this section referred to as the
``City'') all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon,
consisting of approximately 26 acres known as the Old Navy Yard at
Joint Base Charleston, South Carolina, for the purpose of permitting
the City to use the property for economic development.
(b) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a), the City shall pay to the Secretary an amount equal
to not less than the fair market value, as determined by the
Secretary, based on an appraisal of the property to be conveyed
under such subsection, which may consist of cash payment, in-kind
consideration as described under paragraph (3), or a combination
thereof.
(2) Sufficiency of consideration.--
(A) In general.--Consideration paid to the Secretary under
paragraph (1) shall be in an amount sufficient, as determined
by the Secretary, to provide replacement space for, and for the
relocation of, any personnel, furniture, fixtures, equipment,
and personal property of any kind belonging to any military
department located upon the property to be conveyed under
subsection (a).
(B) Completion prior to conveyance.--Any cash consideration
shall be paid in full and any in-kind consideration shall be
complete, useable, and delivered to the satisfaction of the
Secretary at or prior to the conveyance under subsection (a).
(3) In-kind consideration.--In-kind consideration provided by
the City under paragraph (1) may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or combination
thereof, of any facilities or infrastructure with proximity to
Joint Base Charleston Weapons Station (South Annex) and located on
Joint Base Charleston, that the Secretary considers acceptable.
(4) Treatment of cash consideration received.--Any cash
consideration received by the Secretary under paragraph (1) shall
be deposited in the special account in the Treasury under
subparagraph (A) of section 572(b)(5) of title 40, United States
Code, and shall be available in accordance with subparagraph
(B)(ii) of such section.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--
(A) In general.--The Secretary may require the City to
cover all costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a), including survey
costs, appraisal costs, costs related to environmental
documentation, and any other administrative costs related to
the conveyance.
(B) Refund of amounts.--If amounts paid by the City to the
Secretary in advance exceed the costs actually incurred by the
Secretary to carry out the conveyance under subsection (a), the
Secretary shall refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the Secretary
to carry out the conveyance under subsection (a) shall be credited
to the fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance or to an appropriate
fund or account currently available to the Secretary for the
purposes for which the costs were paid. Amounts so credited shall
be merged with amounts in such fund or account and shall be
available for the same purposes, and to the same conditions and
limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(e) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to all valid existing rights and the City shall accept
the property (and any improvements thereon) in its condition at the
time of the conveyance (commonly known as a conveyance ``as is'').
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
(g) Old Navy Yard Defined.--In this section, the term ``Old Navy
Yard'' includes the facilities used by the Naval Information Warfare
Center Atlantic, including buildings 1602, 1603, 1639, 1648, and such
other facilities, infrastructure, and land along or near the Cooper
River waterfront at Joint Base Charleston as the Secretary considers
appropriate.
SEC. 2843. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, DAM NECK ANNEX,
VIRGINIA BEACH, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the Hampton Roads Sanitation District (in this section referred to as
the ``HRSD'') all right, title, and interest of the United States in
and to a parcel of installation real property, including any
improvements thereon, consisting of approximately 7.9 acres located at
Naval Air Station Oceana in Dam Neck Annex, Virginia Beach, Virginia.
The Secretary may void any land use restrictions associated with the
property to be conveyed under this subsection.
(b) Consideration.--
(1) Amount and determination.--As consideration for the
conveyance under subsection (a), the HRSD shall pay to the
Secretary of the Navy an amount that is not less than the fair
market value of the property conveyed, as determined by the
Secretary. Such determination of fair market value shall be final.
In lieu of all or a portion of cash payment of consideration, the
Secretary may accept in-kind consideration.
(2) Treatment of cash consideration.--The Secretary of the Navy
shall deposit any cash payment received under paragraph (1) in the
special account in the Treasury established for the Secretary of
the Navy under of paragraph (1) of section 2667(e) of title 10,
United States Code. The entire amount deposited shall be available
for use in accordance with subparagraph (D) of such paragraph.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall require
the HRSD to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and any other
administrative costs related to the conveyance. If amounts are
collected in advance of the Secretary incurring the actual costs,
and the amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall refund
the excess amount to the HRSD.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund or
account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited shall
be merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary of the Navy.
(e) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2844. LAND EXCHANGE, MARINE RESERVE TRAINING CENTER, OMAHA,
NEBRASKA.
(a) Land Exchange Authorized.--The Secretary of the Navy may convey
to the Metropolitan Community College Area, a political subdivision of
the State of Nebraska (in this section referred to as the ``College''),
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, known as the Marine
Reserve Training Center in Omaha, Nebraska.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the College shall convey to the Secretary of the Navy
real property interests, either adjacent or proximate, to Offutt Air
Force Base, Nebraska.
(c) Land Exchange Agreement.--The Secretary of the Navy and the
College may enter into a land exchange agreement to implement this
section.
(d) Valuation.--The value of each property interest to be exchanged
by the Secretary of the Navy and the College described in subsections
(a) and (b) shall be determined--
(1) by an independent appraiser selected by the Secretary; and
(2) in accordance with the Uniform Appraisal Standards for
Federal Land Acquisitions and the Uniform Standards of Professional
Appraisal Practice.
(e) Cash Equalization Payments.--
(1) To the secretary.--If the value of the property interests
described in subsection (a) is greater than the value of the
property interests described in subsection (b), the values shall be
equalized through either of the following or a combination thereof:
(A) A cash equalization payment from the College to the
Department of the Navy.
(B) In-kind consideration provided by the College, which
may include the acquisition, construction, provision,
improvement, maintenance, repair, or restoration (including
environmental restoration), or combination thereof, of any
facilities or infrastructure, or delivery of services relating
to the needs of Marine Corps Reserve Training Center Omaha.
(2) No equalization.--If the value of the property interests
described in subsection (b) is greater than the value of the
property interests described in subsection (a), the Secretary may
not make a cash equalization payment to equalize the values.
(f) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall require
the College to pay all costs to be incurred by the Secretary to
carry out the exchange of property interests under this section,
including such costs related to land survey, environmental
documentation, real estate due diligence such as appraisals, and
any other administrative costs related to the exchange of property
interests, including costs incurred preparing and executing a land
exchange agreement authorized under subsection (c). If amounts are
collected from the College in advance of the Secretary incurring
the actual costs and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the exchange of
property interests, the Secretary shall refund the excess amount to
the College.
(2) Treatment of amounts received.--Amounts received by the
Secretary of the Navy under paragraph (1) shall be used in
accordance with section 2695(c) of title 10, United States Code.
(g) Description of Property.--The exact acreage and legal
description of the property interests to be exchanged under this
section shall be determined by surveys that are satisfactory to the
Secretary of the Navy.
(h) Conveyance Agreement.--The exchange of real property interests
under this section shall be accomplished using an appropriate legal
instrument and upon terms and conditions mutually satisfactory to the
Secretary of the Navy and the College, including such additional terms
and conditions as the Secretary considers appropriate to protect the
interests of the United States.
(i) Exemption From Screening Requirements for Additional Federal
Use.--The authority under this section is exempt from the screening
process required under section 2696(b) of title 10, United States Code.
SEC. 2845. LAND CONVEYANCE, STARKVILLE, MISSISSIPPI.
(a) Conveyance Authorized.--The Secretary of the Army (in this
section referred to as the ``Secretary'') may convey to the City of
Starkville, Mississippi (in this section referred to as the ``City''),
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting of
approximately five acres, located at 343 Highway 12, Starkville,
Mississippi 39759, to be used for economic development purposes.
(b) Consideration.--
(1) In general.--As consideration for the conveyance of
property under subsection (a), the City shall pay to the United
States an amount equal to the fair market value of the property to
be conveyed. The Secretary shall determine the fair market value of
the property using an independent appraisal based on the highest
and best use of the property.
(2) Determination of fair market value.--The Secretary shall
determine the fair market value of the property to be conveyed
under subsection (a) using an independent appraisal based on the
highest and best use of the property.
(3) Treatment of consideration received.--Consideration
received under paragraph (1) shall be deposited in the special
account in the Treasury established under subsection (b) of section
572 of title 40, United States Code, and shall be available in
accordance with paragraph (5)(B) of such subsection.
(c) Payment of Costs of Conveyance.--
(1) Payment.--
(A) In general.--The Secretary may require the City to
cover all costs (except costs for environmental remediation of
the property under the Comprehensive Environmental Response,
Compensation and Liability Act 1980 (42 U.S.C. 9601 et seq.))
to be incurred by the Secretary, or to reimburse the Secretary
for costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including survey costs, costs
for environmental documentation, and any other administrative
costs related to the conveyance.
(B) Refund.--If amounts are collected from the City under
subparagraph (A) in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance
under subsection (a), the Secretary shall refund the excess
amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the Secretary
to carry out the conveyance under subsection (a) shall be credited
to the fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance, or to an appropriate
fund or account currently available to the Secretary for the
purposes for which the costs were paid. Amounts so credited shall
be merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
Subtitle E--Miscellaneous Studies and Reports
SEC. 2851. STUDY ON PRACTICES WITH RESPECT TO DEVELOPMENT OF MILITARY
CONSTRUCTION PROJECTS.
(a) Study Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center for the conduct of a study on the practices of the Department of
Defense with respect to the development of military construction
projects.
(b) Elements.--An agreement under subsection (a) shall specify that
the study conducted pursuant to the agreement shall address each of the
following:
(1) Practices with respect to adoption of Unified Facilities
Criteria changes and the inclusion of such changes into advanced
planning, Department of Defense Form 1391 documentation, and
planning and design.
(2) Practices with respect to how sustainable materials, such
as mass timber and low carbon concrete, are assessed and included
in advanced planning, Department of Defense Form 1391
documentation, and planning and design.
(3) Barriers to incorporating innovative techniques, including
3D printed building techniques.
(4) Whether the Strategic Environmental Research and
Development Program (established under section 2901 of title 10,
United States Code) or the Environmental Security Technology
Certification Program could be used to validate such sustainable
materials and innovative techniques to encourage the use of such
sustainable materials and innovative techniques by the Army Corps
of Engineers and the Naval Facilities Engineering Systems Command.
(c) Report to Congress.--Not later than 60 days after the
completion of the study described in this section, the Secretary of
Defense shall submit to the congressional defense committees a report
on the results of the study.
SEC. 2852. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO PROVIDE
SURVIVORS OF NATURAL DISASTERS WITH EMERGENCY SHORT-TERM HOUSING.
Not later than 220 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report analyzing the capacity of the Department of Defense
to provide survivors of natural disasters with emergency short-term
housing.
SEC. 2853. REPORTING ON LEAD SERVICE LINES AND LEAD PLUMBING.
(a) Initial Report.--Not later than January 1, 2025, the Under
Secretary of Defense for Acquisition and Sustainment shall submit to
the congressional defense committees a report that includes--
(1) a list of military installations (including Government-
owned family housing facilities), military housing, and privatized
military housing projects that, as of the date of the report, are
being serviced by lead service lines or lead plumbing for the
purposes of receiving drinking water;
(2) an evaluation of whether military installations and
privatized military housing projects are in compliance with the
Lead and Copper Rule and, to the extent that such installations and
projects are not in compliance, an identification of--
(A) the name and location of each such installation or
project that is not in compliance; and
(B) the timeline and plan for bringing each such
installation or project into compliance; and
(3) an identification of steps and resources needed to remove
any remaining lead plumbing from military installations and
housing.
(b) Inclusion of Information in Annual Report.--If, after reviewing
the initial report required under subsection (a), the Secretary of
Defense finds that any military installation or privatized family
housing project is not in compliance with the Lead and Copper Rule, the
Secretary shall include in the annual report on defense environmental
programs required under section 2711 of title 10, United States Code,
for each year after the year in which the initial report is submitted,
an update on the efforts of the Secretary, including negotiations with
privatized military family housing providers, to fully comply with the
Lead and Copper Rule.
SEC. 2854. BRIEFING ON ATTEMPTS TO ACQUIRE LAND NEAR UNITED STATES
MILITARY INSTALLATIONS BY THE PEOPLE'S REPUBLIC OF CHINA.
The Under Secretary of Defense for Acquisition and Sustainment, in
consultation with the head of the Department of the Air Force Office of
Special Investigations, shall provide a briefing to the Committees on
Armed Services of the Senate and the House of Representatives not later
than June 1, 2023, that details--
(1) attempts by the People's Republic of China to acquire land
that is located in close proximity (as determined by the Secretary
of Defense) to a United States military installation; and
(2) ongoing Department of Defense efforts to counter such
attempts.
Subtitle F--Other Matters
SEC. 2861. REQUIRED CONSULTATION WITH STATE AND LOCAL ENTITIES FOR
NOTIFICATIONS RELATED TO THE BASING DECISION-MAKING PROCESS.
Section 483(c) of title 10, United States Code, is amended by
adding at the end a new paragraph:
``(6) With respect to any decision of the Secretary concerned
that would result in a significant increase in the number of
members of the Armed Forces assigned to a military installation, a
description of the consultation with appropriate State and local
entities regarding the basing decision to ensure consideration of
matters affecting the local community, including requirements for
transportation, utility infrastructure, housing, education, and
family support activities.''.
SEC. 2862. INCLUSION IN DEFENSE COMMUNITY INFRASTRUCTURE PILOT PROGRAM
OF CERTAIN PROJECTS FOR ROTC TRAINING.
Section 2391 of title 10, United States Code, is further amended--
(1) in subsection (d)(1)(B)--
(A) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively; and
(B) by inserting after clause (i) the following new clause
(ii):
``(ii) Projects that will contribute to the training of cadets
enrolled in an independent Reserve Officer Training Corps program
at a covered educational institution.''; and
(2) in subsection (e), by adding at the end the following new
paragraph:
``(6) The term `covered educational institution' means a
college or university that is--
``(A) a part B institution, as defined in section 322 of
the Higher Education Act of 1965 (20 U.S.C. 1061);
``(B) an 1890 Institution, as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601);
``(C) not affiliated with a consortium; and
``(D) located at least 40 miles from a major military
installation.''.
SEC. 2863. INCLUSION OF INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE
REPORT ON STRATEGIC SEAPORTS IN DEFENSE COMMUNITY INFRASTRUCTURE PILOT
PROGRAM.
Section 2391(d) of title 10, United States Code, as amended by this
Act, is further amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In selecting community infrastructure projects to receive
assistance under this subsection, the Secretary shall consider
infrastructure improvements identified in the report on strategic
seaports required by section 3515 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1985).''.
SEC. 2864. INCLUSION OF CERTAIN PROPERTY FOR PURPOSES OF DEFENSE
COMMUNITY INFRASTRUCTURE PILOT PROGRAM.
Section 2391(e)(4)(A)(i) of title 10, United States Code, as
amended by this Act, is further amended by inserting ``or on property
under the jurisdiction of a Secretary of a military department that is
subject to a real estate agreement (including a lease or easement)''
after ``installation''.
SEC. 2865. EXPANSION OF PILOT PROGRAM ON INCREASED USE OF SUSTAINABLE
BUILDING MATERIALS IN MILITARY CONSTRUCTION TO INCLUDE LOCATIONS
THROUGHOUT THE UNITED STATES.
Section 2861(b)(2) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2802 note) is amended in
the matter preceding subparagraph (A) by striking ``continental''.
SEC. 2866. BASING DECISION SCORECARD CONSISTENCY AND TRANSPARENCY.
Section 2883(h) of the Military Construction Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1781b note) is
amended--
(1) by amending paragraph (3) to read as follows:
``(3) Availability.--
``(A) In general.--A current version of each scorecard
established under this subsection shall be available to the
public through an Internet website of the military department
concerned.
``(B) Methodology and criteria.--
``(i) Availability.--Each Secretary of a military
department shall publish on the website described in
subparagraph (A) the methodology and criteria each time
such Secretary establishes or updates a scorecard.
``(ii) Public comment.--Each Secretary of a military
department shall establish a 60-day public comment period
beginning on each date of publication of such methodology
and criteria.''; and
(2) by adding at the end the following new paragraph:
``(4) Coordination.--In establishing or updating a scorecard
under this subsection, each Secretary of the military department
concerned shall coordinate with the Secretary of Defense to ensure
consistency across the military departments.''.
SEC. 2867. TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF FUNDS FOR
CERTAIN CONSTRUCTION PROJECTS IN THE REPUBLIC OF KOREA.
Section 2863 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1899) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``cash''; and
(ii) in subparagraph (B), by inserting ``and
construction'' after ``The design''; and
(B) by adding at the end the following new paragraph:
``(3) Method of contribution.--Contributions may be accepted
under this subsection in any of the forms referred to in section
2350k(c) of title 10, United States Code.''; and
(2) in subsection (b), by striking ``Contributions'' and
inserting ``Cash contributions''.
SEC. 2868. REPEAL OF REQUIREMENT FOR INTERAGENCY COORDINATION GROUP OF
INSPECTORS GENERAL FOR GUAM REALIGNMENT.
Section 2835 of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 10 U.S.C. 2687 note)
is repealed.
SEC. 2869. LEASE OR USE AGREEMENT FOR CATEGORY 3 SUBTERRANEAN TRAINING
FACILITY.
(a) In General.--The Secretary of Defense may seek to enter into a
lease or use agreement with a category 3 subterranean training facility
that--
(1) is located in close proximity (as determined by the
Secretary of Defense) to the home station of an air assault unit or
a special operations force; and
(2) has the capacity to--
(A) provide brigade or large full-mission profile training;
(B) rapidly replicate full-scale underground venues;
(C) support helicopter landing zones; and
(D) support underground live fire.
(b) Use of Facility.--A lease or use agreement entered into
pursuant to subsection (a) shall provide that the category 3
subterranean training facility shall be made available for--
(1) hosting of training and testing exercises for--
(A) members of the Armed Forces, including members a
special operations force;
(B) personnel of combat support agencies, including the
Defense Threat Reduction Agency; and
(C) such other personnel as the Secretary of Defense
determines appropriate; and
(2) such other purposes as the Secretary of Defense determines
appropriate.
(c) Duration.--The duration of any lease or use agreement entered
into pursuant to subsection (a) shall be for a period of not less than
5 years.
(d) Category 3 Subterranean Training Facility Defined.--In this
section, the term ``category 3 subterranean training facility'' means
an underground structure designed and built--
(1) to be unobserved and to provide maximum protection; and
(2) to serve as a command and control, operations, storage,
production, and protection facility.
(e) Conforming Repeal.--Section 375 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C.
2001 note prec.) is repealed.
SEC. 2870. LIMITATION ON USE OF FUNDS FOR CLOSURE OF COMBAT READINESS
TRAINING CENTERS.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2023 for the Air
Force may be obligated or expended to close, or prepare to close, any
combat readiness training center.
(b) Waiver.--The Secretary of the Air Force may waive the
limitation under subsection (a) with respect to a combat readiness
training center if the Secretary submits to the congressional defense
committees the following:
(1) A certification that--
(A) the closure of the center would not be in violation of
section 2687 of title 10, United States Code; and
(B) the support capabilities provided by the center will
not be diminished as a result of the closure of the center.
(2) A report that includes--
(A) a detailed business case analysis for the closure of
the center; and
(B) an assessment of the effects the closure of the center
would have on training units of the Armed Forces, including any
active duty units that may use the center.
SEC. 2871. REQUIRED INVESTMENTS IN IMPROVING CHILD DEVELOPMENT CENTERS.
(a) Investments in Child Development Centers.--Of the total amount
authorized to be appropriated for fiscal year 2023 for the Department
of Defense for Facilities Sustainment, Restoration, and Modernization
activities of a military department, the Secretary of that military
department shall reserve an amount greater than or equal to one percent
of the estimated replacement cost for fiscal year 2023 of the total
inventory of child development centers under the jurisdiction of that
Secretary for the purpose of carrying out projects for the improvement
of child development centers.
(b) Child Development Center Defined.--In this section, the term
``child development center'' has meaning given the term ``military
child development center'' in section 1800(1) of title 10, United
States Code.
SEC. 2872. INTERAGENCY REGIONAL COORDINATOR FOR RESILIENCE PILOT
PROJECT.
(a) Pilot Project.--The Secretary of Defense shall carry out a
pilot program under which the Secretary shall establish within the
Department of Defense four Interagency Regional Coordinators. Each
Interagency Regional Coordinator shall be responsible for improving the
resilience of a community that supports a military installation and
serving as a model for enhancing community resilience before disaster
strikes.
(b) Selection.--Each Interagency Regional Coordinator shall support
military installations and surrounding communities within a geographic
area, with at least one such Coordinator serving each of the East,
West, and Gulf coasts. For purposes of the project, the Secretary shall
select geographic areas--
(1) with significant sea level rise and recurrent flooding that
prevents members of the Armed Forces from reaching their posts or
jeopardizes military readiness; and
(2) where communities have collaborated on multi-jurisdictional
climate adaptation planning efforts, including such collaboration
with the Army Corps of Engineers Civil Works Department and through
Joint Land Use Studies.
(c) Collaboration.--In carrying out the pilot project, the
Secretary shall build on existing efforts through collaboration with
State and local entities, including emergency management,
transportation, planning, housing, community development, natural
resource managers, and governing bodies and with the heads of
appropriate Federal departments and agencies.
SEC. 2873. ACCESS TO MILITARY INSTALLATIONS FOR HOMELAND SECURITY
INVESTIGATIONS PERSONNEL IN GUAM.
The commander of a military installation located in Guam shall
grant to an officer or employee of Homeland Security Investigations the
same access to such military installation such commander grants to an
officer or employee of U.S. Customs and Border Protection or of the
Federal Bureau of Investigation.
SEC. 2874. PROHIBITION ON JOINT USE OF HOMESTEAD AIR RESERVE BASE WITH
CIVIL AVIATION.
On or before September 30, 2026, the Secretary of the Air Force may
not enter into an agreement that would provide for or permit the joint
use of Homestead Air Reserve Base, Homestead, Florida, by the Air Force
and civil aircraft.
SEC. 2875. ELECTRICAL CHARGING CAPABILITY CONSTRUCTION REQUIREMENTS
RELATING TO PARKING FOR FEDERAL GOVERNMENT MOTOR VEHICLES.
(a) In General.--If the Secretary concerned develops plans for a
project to construct any facility that includes or will include parking
for covered motor vehicles, the Secretary concerned shall include in
any Department of Defense Form 1391, or successor form, submitted to
Congress for that project--
(1) the provision of electric vehicle charging capability at
the facility adequate to provide electrical charging, concurrently,
for not less than 15 percent of all covered motor vehicles planned
to be parked at the facility;
(2) the inclusion of the cost of constructing such capability
in the overall cost of the project; and
(3) an analysis of whether a parking structure or lot will be
the primary charging area for covered motor vehicles or if another
area, such as public works or the motor pool, will be the primary
charging area.
(b) Definitions.--In this section:
(1) The term ``covered motor vehicle'' means a Federal
Government motor vehicle, including a motor vehicle leased by the
Federal Government.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of a military department with respect to
facilities under the jurisdiction of that Secretary; and
(B) the Secretary of Defense with respect to matters
concerning the Defense Agencies and facilities of a reserve
component owned by a State rather than the United States.
TITLE XXIX--FALLON RANGE TRAINING COMPLEX
Subtitle A--Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.
Sec. 2902. Numu Newe Special Management Area.
Sec. 2903. National conservation areas.
Sec. 2904. Collaboration with State and county.
Sec. 2905. Wilderness areas in Churchill County, Nevada.
Sec. 2906. Release of wilderness study areas.
Sec. 2907. Land conveyances and exchanges.
Sec. 2908. Checkerboard resolution.
Subtitle B--Lander County Economic Development and Conservation
Sec. 2911. Definitions.
Part I--Lander County Public Purpose Land Conveyances
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
Part II--Lander County Wilderness Areas
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study areas.
Subtitle A--Fallon Range Training Complex
SEC. 2901. MILITARY LAND WITHDRAWAL FOR FALLON RANGE TRAINING COMPLEX.
The Military Land Withdrawals Act of 2013 (Public Law 113-66; 127
Stat. 1025) is amended by adding at the end the following:
``Subtitle G--Fallon Range Training Complex, Nevada
``SEC. 2981. WITHDRAWAL AND RESERVATION OF PUBLIC LAND.
``(a) Withdrawal.--
``(1) Bombing ranges.--Subject to valid rights in existence on
the date of enactment of this subtitle, and except as otherwise
provided in this subtitle, the land established as the B-16, B-17,
B-19, and B-20 Ranges, as referred to in subsection (b), and all
other areas within the boundary of such land as depicted on the map
entitled `Churchill County Proposed Fallon Range Training Complex
Modernization and Lands Bill' and dated November 30, 2022, which
may become subject to the operation of the public land laws, are
withdrawn from all forms of--
``(A) entry, appropriation, or disposal under the public
land laws;
``(B) location, entry, and patent under the mining laws;
and
``(C) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
``(2) Dixie valley training area.--The land and interests in
land within the boundaries established at the Dixie Valley Training
Area, as referred to in subsection (b), are withdrawn from all
forms of--
``(A) entry, appropriation, or disposal under the public
land laws; and
``(B) location, entry, and patent under the mining laws.
``(b) Description of Land.--The public land and interests in land
withdrawn and reserved by this section comprise approximately 790,825
acres of land in Churchill County, Lyon County, Mineral County,
Pershing County, and Nye County, Nevada, as generally depicted as
`Proposed FRTC Modernization' and `Existing Navy Withdrawal Areas' on
the map entitled `Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill', dated November 30, 2022, and
filed in accordance with section 2912. The ranges in the Fallon Range
Training Complex described in this subsection are identified as B-16,
B-17, B-19, B-20, Dixie Valley Training Area and the Shoal Site.
``(c) Purpose of Withdrawal and Reservation.--
``(1) Bombing ranges.--The land withdrawn by subsection (a)(1)
is reserved for use by the Secretary of the Navy for--
``(A) aerial testing and training, bombing, missile firing,
electronic warfare, tactical combat maneuvering, and air
support;
``(B) ground combat tactical maneuvering and firing; and
``(C) other defense-related purposes that are--
``(i) consistent with the purposes specified in the
preceding paragraphs; and
``(ii) authorized under section 2914.
``(2) Dixie valley training area.--The land withdrawn by
subsection (a)(2) is reserved for use by the Secretary of the Navy
for--
``(A) aerial testing and training, electronic warfare,
tactical combat maneuvering, and air support; and
``(B) ground combat tactical maneuvering.
``(d) Inapplicability of General Provisions.--Notwithstanding
section 2911(a) and except as otherwise provided in this subtitle,
sections 2913 and 2914 shall not apply to the land withdrawn by
subsection (a)(2).
``SEC. 2982. MANAGEMENT OF WITHDRAWN AND RESERVED LAND.
``(a) Management by the Secretary of the Navy.--During the duration
of the withdrawal under section 2981, the Secretary of the Navy shall
manage the land withdrawn and reserved comprising the B-16, B-17, B-19,
and B-20 Ranges for the purposes described in section 2981(c)--
``(1) in accordance with--
``(A) an integrated natural resources management plan
prepared and implemented under title I of the Sikes Act (16
U.S.C. 670a et seq.);
``(B) a written agreement between the Secretary of the Navy
and the Governor of Nevada that provides for a minimum of 15
days annually for big game hunting on portions of the B-17
Range consistent with military training requirements;
``(C) a programmatic agreement between the Secretary of the
Navy and the Nevada State Historic Preservation Officer and
other parties, as appropriate, regarding management of historic
properties as the properties relate to operation, maintenance,
training, and construction at the Fallon Range Training
Complex;
``(D) written agreements between the Secretary of the Navy
and affected Indian tribes and other stakeholders to
accommodate access by Indian tribes and State and local
governments to the B-16, B-17, B-19, and B-20 Ranges consistent
with military training requirements and public safety;
``(E) a written agreement entered into by the Secretary of
the Navy and affected Indian tribes that provides for regular,
guaranteed access, consisting of a minimum of 4 days per month,
for affected Indian tribes; and
``(F) any other applicable law; and
``(2) in a manner that--
``(A) provides that any portion of the land withdrawn by
section 2981(a) that is located outside of the Weapons Danger
Zone, as determined by the Secretary of the Navy, shall be
relinquished to the Secretary of the Interior and managed under
all applicable public land laws;
``(B) ensures that the Secretary of the Navy avoids target
placement and training within--
``(i) biologically sensitive areas, as mapped in the
Record of Decision for the Fallon Range Training Complex
Modernization Final Environmental Impact Statement dated
March 12, 2020; and
``(ii) to the maximum extent practicable, areas that
have cultural, religious, and archaeological resources of
importance to affected Indian tribes;
``(C) ensures that access is provided for special events,
administrative, cultural, educational, wildlife management, and
emergency management purposes; and
``(D) provides that within the B-17 Range the placement of
air to ground ordnance targets shall be prohibited throughout
the entirety of the withdrawal in the areas identified as the
`Monte Cristo Range Protection Area' on the map entitled
`Churchill County Proposed Fallon Range Training Complex
Modernization and Lands Bill' and dated November 30, 2022.
``(b) Management by the Secretary of the Interior.--
``(1) In general.--During the duration of the withdrawal under
section 2981, the Secretary of the Interior shall manage the land
withdrawn and reserved comprising the Dixie Valley Training Area
and the Shoal Site for the applicable purposes described in section
2981(c) in accordance with--
``(A) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
``(B) the Record of Decision for the Fallon Range Training
Complex Modernization Final Environmental Impact Statement
dated March 12, 2020;
``(C) this subtitle; and
``(D) any other applicable law.
``(2) Consultation with secretary of the navy.--Prior to
authorizing any use of the land comprising the Dixie Valley
Training Area or Shoal Site withdrawn and reserved by section 2981,
the Secretary of the Interior shall consult with the Secretary of
the Navy. Such consultation shall include--
``(A) informing the Secretary of the Navy of the pending
authorization request so that the Secretary of the Navy and the
Secretary of the Interior may work together to preserve the
training environment; and
``(B) prior to authorizing any installation or use of
mobile or stationary equipment used to transmit and receive
radio signals, obtaining permission from the Secretary of the
Navy to authorize the use of such equipment.
``(3) Agreement.--The Secretary of the Navy and the Secretary
of the Interior shall enter into an agreement describing the roles
and responsibilities of each Secretary with respect to the
management and use of the Dixie Valley Training Area and Shoal Site
to ensure no closure of an existing county road and no restrictions
or curtailment on public access for the duration of the withdrawal
while preserving the training environment and in accordance with
this subsection.
``(4) Access.--The land comprising the Dixie Valley Training
Area withdrawn and reserved by section 2981(a)(2) shall remain open
for public access for the duration of the withdrawal.
``(5) Authorized uses.--Subject to applicable laws and policy,
the following uses are permitted in the Dixie Valley Training Area
for the duration of the withdrawal:
``(A) Livestock grazing.
``(B) Geothermal exploration and development west of State
Route 121, as managed by the Bureau of Land Management in
coordination with the Secretary of the Navy.
``(C) Exploration and development of salable minerals or
other fluid or leasable minerals, as managed by the Bureau of
Land Management in coordination with the Secretary of the Navy.
``(6) Infrastructure.--The Secretary of the Navy and the
Secretary of the Interior shall allow water and utility
infrastructure within the Dixie Valley Training Area withdrawn by
section 2981(a)(2) as described in sections 2995(a)(4) and 2996.
``(c) Limitation on Use of Land Prior to Completion of
Commitments.--
``(1) In general.--The Secretary of the Navy shall not make
operational use of the expanded area of the B-16, B-17, or B-20
Ranges, as depicted on the map entitled `Churchill County Proposed
Fallon Range Training Complex Modernization and Lands Bill' and
dated November 30, 2022, that were not subject to previous
withdrawals comprising the Fallon Range Training Complex which are
withdrawn and reserved by section 2981 until the Secretary of the
Navy and the Secretary of the Interior certify in writing to the
Committee on Armed Services, the Committee on Energy and Natural
Resources, and the Committee on Indian Affairs of the Senate and
the Committee on Armed Services and the Committee on Natural
Resources of the House of Representatives on the completion of the
commitments pertaining to each range from the Record of Decision
for the Fallon Range Training Complex Modernization Final
Environmental Impact Statement dated March 12, 2020, and the
provisions of this subtitle. The Secretary of the Navy and the
Secretary of the Interior may submit certifications for individual
ranges to allow operational use of a specific range prior to
completion of commitments related to other ranges.
``(2) Public access.--Public access to the existing Pole Line
Road shall be maintained until completion of construction of an
alternate route as specified by section 2991(a)(2)(B).
``(3) Payment.--Not later than 1 year after the date of
enactment of this subtitle, subject to the availability of
appropriations, from amounts appropriated to the Secretary of the
Navy for operation and maintenance, the Secretary of the Navy shall
transfer to Churchill County, Nevada, $20,000,000 for deposit in an
account designated by Churchill County, Nevada, to resolve the loss
of public access and multiple use within Churchill County, Nevada.
``SEC. 2983. ORDNANCE LANDING OUTSIDE TARGET AREAS.
``The Secretary of the Navy, in the administration of an
Operational Range Clearance program, shall ensure that tracked ordnance
(bombs, missiles, and rockets) known to have landed outside a target
area in the B-17 and B-20 Ranges is removed within 180 days of the
event and, to the extent practicable, tracked ordnance known to have
landed within the Monte Cristo Range Protection Area described in
section 2982(a)(2)(D) shall be removed within 45 days of the event. The
Secretary of the Navy shall report to the Fallon Range Training Complex
Intergovernmental Executive Committee directed by section 3011(a)(5) of
the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-
65; 113 Stat. 885; 134 Stat. 4349) not less frequently than annually,
instances in which ordnance land outside target areas and the status of
efforts to clear such ordnance.
``SEC. 2984. RELATIONSHIP TO OTHER RESERVATIONS.
``(a) B-16 and B-20 Ranges.--To the extent the withdrawal and
reservation made by section 2981 for the B-16 and B-20 Ranges withdraws
land currently withdrawn and reserved for use by the Bureau of
Reclamation, the reservation made by section 2981 shall be the primary
reservation for public safety management actions only, and the existing
Bureau of Reclamation reservation shall be the primary reservation for
all other management actions. The Secretary of the Navy shall enter
into an agreement with the Secretary of the Interior to ensure
continued access to the B-16 and B-20 Ranges by the Bureau of
Reclamation to conduct management activities consistent with the
purposes for which the Bureau of Reclamation withdrawal was
established.
``(b) Shoal Site.--The Secretary of Energy shall remain responsible
and liable for the subsurface estate and all activities of the
Secretary of Energy at the Shoal Site withdrawn and reserved by Public
Land Order Number 2771, as amended by Public Land Order Number 2834.
``SEC. 2985. INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.
``(a) Preparation Required.--
``(1) Preparation; deadline.--Within 2 years after the date of
enactment of this subtitle, the Secretary of the Navy shall update
the current integrated natural resources management plan for the
land withdrawn and reserved by section 2981.
``(2) Coordination.--The Secretary of the Navy shall prepare
the integrated natural resources management plan in coordination
with the Secretary of the Interior, the State of Nevada, Churchill
County, Nevada, other impacted counties in the State of Nevada, and
affected Indian tribes.
``(b) Resolution of Conflicts.--
``(1) In general.--Any disagreement among the parties referred
to in subsection (a) concerning the contents or implementation of
the integrated natural resources management plan prepared under
that subsection or an amendment to the management plan shall be
resolved by the Secretary of the Navy, the Secretary of the
Interior, and the State of Nevada, acting through--
``(A) the State Director of the Nevada State Office of the
Bureau of Land Management;
``(B) the Commanding Officer of Naval Air Station Fallon,
Nevada;
``(C) the State Director of the Nevada Department of
Wildlife;
``(D) if appropriate, the Regional Director of the Pacific
Southwest Region of the United States Fish and Wildlife
Service; and
``(E) if appropriate, the Regional Director of the Western
Region of the Bureau of Indian Affairs.
``(2) Consultation.--Prior to the resolution of any conflict
under paragraph (1), the Secretary of the Navy shall consult with
the Intergovernmental Executive Committee in accordance with
section 3011(a)(5) of the Military Lands Withdrawal Act of 1999
(title XXX of Public Law 106-65; 113 Stat. 885; 134 Stat. 4349).
``(c) Elements of Plan.--Subject to subsection (b), the integrated
natural resources management plan under subsection (a)--
``(1) shall be prepared and implemented in accordance with the
Sikes Act (16 U.S.C. 670 et seq.);
``(2) shall include provisions for--
``(A) proper management and protection of the natural
resources of the land; and
``(B) sustainable use by the public of such resources to
the extent consistent with the military purposes for which the
land is withdrawn and reserved;
``(3) shall coordinate access with the Nevada Department of
Wildlife to manage hunting, fishing, and trapping on the land where
compatible with the military mission;
``(4) shall provide for livestock grazing and agricultural out-
leasing on the land, if appropriate--
``(A) in accordance with section 2667 of title 10, United
States Code; and
``(B) at the discretion of the Secretary of the Navy;
``(5) shall identify current test and target impact areas and
related buffer or safety zones on the land;
``(6) shall provide that the Secretary of the Navy--
``(A) shall take necessary actions to prevent, suppress,
manage, and rehabilitate brush and range fires occurring on
land withdrawn or owned within the Fallon Range Training
Complex and fires resulting from military activities outside
the withdrawn or owned land of the Fallon Range Training
Complex; and
``(B) notwithstanding section 2465 of title 10, United
States Code--
``(i) may obligate funds appropriated or otherwise
available to the Secretary of the Navy to enter into
memoranda of understanding, cooperative agreements, and
contracts for fire management; and
``(ii) shall reimburse the Secretary of the Interior
for costs incurred under this paragraph;
``(7) shall provide that all gates, fences, and barriers
constructed after the date of enactment of this subtitle shall be
designed and erected, to the maximum extent practicable and
consistent with military security, safety, and sound wildlife
management use, to allow for wildlife access;
``(8) if determined appropriate by the Secretary of the Navy,
the Secretary of the Interior, and the State of Nevada after review
of any existing management plans applicable to the land, shall
incorporate the existing management plans;
``(9) shall include procedures to ensure that--
``(A) the periodic reviews of the integrated natural
resources management plan required by the Sikes Act (16 U.S.C.
670 et seq.) are conducted jointly by the Secretary of the
Navy, the Secretary of the Interior, and the State of Nevada;
and
``(B) affected counties and affected Indian tribes and the
public are provided a meaningful opportunity to comment on any
substantial revisions to the plan that may be proposed pursuant
to such a review;
``(10) shall provide procedures to amend the integrated natural
resources management plan as necessary;
``(11) shall allow access to, and ceremonial use of, Tribal
sacred sites to the extent consistent with the military purposes
for which the land is withdrawn and reserved by section 2981(a);
and
``(12) shall provide for timely consultation with affected
Indian tribes.
``SEC. 2986. USE OF MINERAL MATERIALS.
``Notwithstanding any other provision of this subtitle or of the
Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30
U.S.C. 601 et seq.), the Secretary of the Navy may use sand, gravel, or
similar mineral materials resources of the type subject to disposition
under that Act from land withdrawn and reserved by this subtitle if use
of such resources is required for construction needs on the land.
``SEC. 2987. TRIBAL ACCESS AGREEMENT AND CULTURAL RESOURCES SURVEY.
``(a) Tribal Access Agreement.--
``(1) In general.--Not later than 120 days after the date of
enactment of this subtitle, the Secretary of the Navy and the
Secretary of the Interior shall enter into an agreement with each
affected Indian tribe for the purpose of establishing continued,
regular, and timely access to the land withdrawn and reserved by
section 2981, including all land subject to previous withdrawals
under section 3011(a) of the Military Lands Withdrawal Act of 1999
(title XXX of Public Law 106-65; 113 Stat. 885), for cultural,
religious, gathering and ceremonial uses by affected Indian tribes.
``(2) Access.--The Secretary of the Navy shall--
``(A) provide access in accordance with the agreement
entered into under paragraph (1); and
``(B) to the extent practicable and consistent with
operational, safety, and security needs, seek to minimize
notice from the affected Indian tribe and chaperoning
requirements for Tribal access.
``(3) Resolution of conflicts.--If an affected Indian tribe
provides written comments to the Secretary of the Navy or the
Secretary of the Interior proposing changes or additions to the
agreement entered into under paragraph (1) and the proposals are
not incorporated in the final agreement, the Secretary concerned
shall--
``(A) respond in writing to the affected Indian tribe
explaining a clear, identifiable rationale why the proposed
change was not incorporated; and
``(B) share the written responses under subparagraph (A)
with the Committee on Armed Services of the House of
Representatives, the Committee on Natural Resources of the
House of Representatives, the Committee on Armed Services of
the Senate, and the Committee on Indian Affairs of the Senate.
``(b) Ethnographic Study.--The Secretary of the Navy, in
consultation with the State of Nevada and appropriate Tribal
governments, shall conduct an ethnographic study of the expanded Fallon
Range Training Complex to assess the importance of that area to Indian
tribes and the religious and cultural practices of those Indian tribes.
``(c) Cultural Resources Survey.--
``(1) Survey.--The Secretary of the Navy, after consultation
with affected Indian tribes and review of data, studies, and
reports in the possession of such Indian tribes, shall conduct a
cultural resources survey of the land withdrawn and reserved by
section 2981 for each of the expanded areas of the B-16, B-17, and
B-20 Ranges that were not subject to previous surveys in support of
the Record of Decision for the Fallon Range Training Complex
Modernization Final Environmental Impact Statement dated March 12,
2020, and previous withdrawals comprising the Fallon Range Training
Complex that includes pedestrian field surveys and the inventory
and identification of specific sites containing cultural,
religious, and archaeological resources of importance to affected
Indian tribes.
``(2) Results.--Not later than 2 years after the date of
enactment of this subtitle, the Secretary of the Navy shall provide
the results of the survey conducted under paragraph (1) to affected
Indian tribes for review and comment prior to concluding survey
activities.
``(3) Inclusion in agreement.--The agreement under subsection
(a) shall include access to the specific sites identified by the
survey conducted under paragraph (1) by affected Indian tribes,
including proper disposition or protection of, and any requested
access to, any identified burial sites, in accordance with the
Native American Graves Protection and Repatriation Act (25 U.S.C.
3001 et seq.).
``(4) Limitation on use of land prior to completion of
survey.--The Secretary of the Navy shall not make operational use
of the expanded areas of the B-16, B-17, and B-20 Ranges that were
not subject to previous withdrawals comprising the Fallon Range
Training Complex until the date of completion of the survey
required by paragraph (1).
``(d) Participation of Affected Indian Tribes.--In conducting an
ethnographic study or cultural resources survey under subsection (b) or
(c), the Secretary of the Navy shall coordinate with, and provide for
the participation of, each applicable affected Indian tribe.
``(e) Agreement to Mitigate Adverse Effects.--The Secretary of the
Navy, the Secretary of the Interior, and affected Indian tribes shall
enter into an agreement consistent with section 306108 of title 54,
United States Code, that identifies actions to avoid, minimize, or
mitigate adverse effects to sites identified in subsection (c),
including adverse effects from noise. Using the results of surveys
conducted under subsection (c), the Navy shall, in coordination with
affected Indian tribes and to the extent practicable, avoid placing
targets or other range infrastructure in culturally sensitive areas.
The Navy shall avoid placement of targets in known sensitive habitat,
cultural, or historic areas within the Monte Cristo Mountains.
``(f) Report.--Not later than 1 year after the date on which each
of the agreements required under this section have been entered into
and the survey and study required under this section have been
completed, the Secretary of the Navy and the Secretary of the Interior
shall jointly submit to Congress a report describing--
``(1) the access protocols established by the agreement under
subsection (a);
``(2) the results of the ethnographic study conducted under
subsection (b);
``(3) the results of the cultural resources survey under
subsection (c); and
``(4) actions to be taken to avoid, minimize, or mitigate
adverse effects to sites on the land withdrawn and reserved by
section 2981.
``(g) Public Availability.--Information concerning the nature and
specific location of a cultural resource shall be exempt from
disclosure under section 552 of title 5 and any other law unless the
Secretary of the Navy, in consultation with affected Indian tribes,
determines that disclosure would--
``(1) further the purposes of this section;
``(2) not create risk of harm to or theft or destruction of the
cultural resource or the site containing the cultural resource; and
``(3) be in accordance with other applicable laws.''.
``SEC. 2988. RESOLUTION OF WALKER RIVER PAIUTE TRIBE CLAIMS.
``(a) Payment to Tribe.--Not later than 1 year after the date of
enactment of this subtitle and subject to the availability of
appropriations, the Secretary of the Navy shall transfer $20,000,000 of
amounts appropriated to the Secretary of the Navy for operation and
maintenance to an account designated by the Walker River Paiute Tribe
(referred to in this section as the `Tribe') to resolve the claims of
the Tribe against the United States for the contamination, impairment,
and loss of use of approximately 6,000 acres of land that is within the
boundaries of the reservation of the Tribe.
``(b) Limitation on Use of Land Prior to Completion of Payment.--
The Secretary of the Navy shall not make operational use of the
expanded areas of the B-16, B-17, and B-20 Ranges that were not subject
to previous withdrawals comprising the Fallon Range Training Complex
and that are withdrawn and reserved by section 2981 until the date on
which the amount is transferred under subsection (a).
``(c) Additional Trust Land.--
``(1) Environmental site assessment.--Not later than 1 year
after the date of enactment of this subtitle and prior to taking
the land described in paragraph (4) into trust for the benefit of
the Tribe under paragraph (3)(A), the Director of the Bureau of
Indian Affairs (referred to in this subsection as the `Director')
shall complete an environmental site assessment to determine with
respect to the land--
``(A) the likelihood of the presence of hazardous
substance-related or other environmental liability; and
``(B) if the Director determines the presence of hazardous
substance-related or other environmental liability is likely
under subparagraph (A)--
``(i) the extent of the contamination caused by such
hazardous substance or other environmental liability; and
``(ii) whether that liability can be remediated by the
United States.
``(2) Contaminated land.--
``(A) In general.--If the Director determines pursuant to
the environmental site assessment completed under paragraph (1)
that there is a likelihood of the presence of hazardous
substance-related or other environmental liability on the land
described in paragraph (4), the Director shall consult with the
Tribe on whether the land is still suitable for transfer into
trust for the benefit of the Tribe.
``(B) Determination.--If the Tribe determines land
identified as contaminated under subparagraph (A) is still
suitable to take into trust for the benefit of the Tribe, the
Director, notwithstanding any other provision of law, shall
take the land into trust for the benefit of the Tribe in
accordance with paragraph (3).
``(3) Land to be held in trust for the tribe; identification of
alternative land.--
``(A) In general.--If the Tribe determines pursuant to
paragraph (2) that the land described in paragraph (4) should
be taken into trust for the benefit of the Tribe (including if
such land is determined to be contaminated), subject to valid
existing rights, all right, title, and interest of the United
States in and to the land shall be--
``(i) held in trust by the United States for the
benefit of the Tribe; and
``(ii) made part of the existing reservation of the
Tribe.
``(B) Identification of suitable and comparable alternative
land.--If the Tribe determines pursuant to paragraph (2), due
to discovered environmental issues that the land described in
paragraph (4) is not suitable to be taken into trust for the
benefit of the Tribe, not later than 1 year after the date on
which the Tribe makes that determination, the Director and the
Tribe shall enter into an agreement to identify suitable and
comparable alternative land in relative distance and located in
the same county as the land described in paragraph (4) to be
withdrawn from Federal use and taken into trust for the benefit
of the Tribe.
``(C) Environmental liability.--
``(i) In general.--Notwithstanding any other provision
of law, the United States shall not be liable for any soil,
surface water, groundwater, or other contamination
resulting from the disposal, release, or presence of any
environmental contamination on any portion of the land
described in paragraph (4) that occurred on or before the
date on which the land was taken into trust for the benefit
of the Tribe. The United States shall not fund or take any
action to remediate such land after such land has been so
taken into trust.
``(ii) Environmental contamination description.--An
environmental contamination described in clause (i)
includes any oil or petroleum products, hazardous
substances, hazardous materials, hazardous waste,
pollutants, toxic substances, solid waste, or any other
environmental contamination or hazard as defined in any
Federal law or law of the State of Nevada.
``(4) Land described.--Subject to paragraph (5), the land to be
held in trust for the benefit of the Tribe under paragraph (3)(A)
is the approximately 8,170 acres of Bureau of Land Management and
Bureau of Reclamation land located in Churchill and Mineral
Counties, Nevada, as generally depicted on the map entitled `Walker
River Paiute Trust Lands' and dated April 19, 2022, and more
particularly described as follows:
``(A) Fernley east parcel.--The following land in Churchill
County, Nevada:
``(i) All land held by the Bureau of Reclamation in T.
20 N., R. 26 E., sec. 28, Mount Diablo Meridian.
``(ii) All land held by the Bureau of Reclamation in T.
20 N., R. 26 E., sec. 36, Mount Diablo Meridian.
``(B) Walker lake parcel.--The following land in Mineral
County, Nevada:
``(i) All land held by the Bureau of Land Management in
T. 11 N., R. 29 E., secs. 35 and 36, Mount Diablo Meridian.
``(ii) All land held by the Bureau of Reclamation in T.
10 N., R. 30 E., secs. 4, 5, 6, 8, 9, 16, 17, 20, 21, 28,
29, 32, and 33, Mount Diablo Meridian.
``(iii) All land held by the Bureau of Land Management
in T. 10.5 N., R. 30 E., secs. 31 and 32, Mount Diablo
Meridian.
``(5) Administration.--
``(A) Survey.--Not later than 180 days after the date of
enactment of this subtitle, the Secretary of the Interior
(referred to in this paragraph as the `Secretary') shall
complete a survey to fully describe, and adequately define the
boundaries of, the land described in paragraph (4).
``(B) Legal description.--
``(i) In general.--Upon completion of the survey
required under subparagraph (A), the Secretary shall
publish in the Federal Register a legal description of the
land described in paragraph (4).
``(ii) Technical corrections.--Before the date of
publication of the legal description under this
subparagraph, the Secretary may correct any technical or
clerical errors in the legal description as the Secretary
determines appropriate.
``(iii) Effect.--Effective beginning on the date of
publication of the legal description under this
subparagraph, the legal description shall be considered to
be the official legal description of the land to be held in
trust for the benefit of the Tribe under paragraph (3)(A).
``(6) Use of trust land.--The land taken into trust under
paragraph (3)(A) shall not be eligible, or considered to have been
taken into trust, for class II gaming or class III gaming (as those
terms are defined in section 4 of the Indian Gaming Regulatory Act
(25 U.S.C. 2703)).
``(d) Eligibility for Federal and Federally Funded Programs.--Funds
paid to the Tribe pursuant to this section, including any interest or
investment income earned, may not be treated as income or resources or
otherwise used as the basis for denying or reducing the basis for
Federal financial assistance or other Federal benefit (including under
the Social Security Act (42 U.S.C. 301 et seq.)) to which the Tribe, a
member of the Tribe, or a household would otherwise be entitled.
``SEC. 2989. LAND TO BE HELD IN TRUST FOR THE FALLON PAIUTE SHOSHONE
TRIBE.
``(a) Land to Be Held in Trust.--
``(1) In general.--Subject to valid existing rights, all right,
title, and interest of the United States in and to the land
described in paragraph (2) shall be--
``(A) held in trust by the United States for the benefit of
the Fallon Paiute Shoshone Tribe; and
``(B) made part of the reservation of the Fallon Paiute
Shoshone Tribe.
``(2) Description of land.--The land referred to in paragraph
(1) is the approximately 10,000 acres of land administered by the
Bureau of Land Management and the Bureau of Reclamation, as
generally depicted as `Reservation Expansion Land' on the map
entitled `Churchill County Proposed Fallon Range Training Complex
Modernization and Lands Bill' and dated November 30, 2022.
``(3) Survey.--Not later than 180 days after the date of
enactment of this subtitle, the Secretary of the Interior shall
complete a survey of the boundary lines to establish the boundaries
of the land taken into trust under paragraph (1).
``(4) Use of trust land.--The land taken into trust under this
section shall not be eligible, or considered to have been taken
into trust, for class II gaming or class III gaming (as those terms
are defined in section 4 of the Indian Gaming Regulatory Act (25
U.S.C. 2703)).
``(5) Cooperative agreement.--On request by the Fallon Paiute
Shoshone Tribe, the Secretary of the Interior shall enter into a
cooperative agreement with the Fallon Paiute Shoshone Tribe to
provide assistance in the management of the land taken into trust
under this section for cultural protection and conservation
management purposes.
``SEC. 2990. NUMU NEWE CULTURAL CENTER.
``(a) In General.--Subject to the availability of appropriations
from amounts appropriated to the Secretary of the Navy for operation
and maintenance, the Secretary of the Navy shall provide financial
assistance to a cultural center established and operated by the Fallon
Paiute Shoshone Tribe and located on the Reservation of the Fallon
Paiute Shoshone Tribe, the purpose of which is to help sustain Numu
Newe knowledge, culture, language, and identity associated with
aboriginal land and traditional ways of life for the Fallon Paiute
Shoshone Tribe and other affected Indian tribes (referred to in this
section as the `Center').
``(b) Studies and Inventories.--The Center shall integrate
information developed in the cultural resources inventories and
ethnographic studies carried out under section 2987.
``(c) Transfer.--Not later than 1 year after the date of enactment
of this subtitle and subject to the availability of appropriations, the
Secretary of the Navy shall transfer to an account designated by the
Fallon Paiute Shoshone Tribe--
``(1) $10,000,000 for the development and construction of the
Center; and
``(2) $10,000,000 to endow operations of the Center.
``(d) Limitation on Use of Land Prior to Completion of Payment.--
The Secretary of the Navy shall not make operational use of the
expanded areas of the B-16, B-17, and B-20 Ranges that were not subject
to previous withdrawals comprising the Fallon Range Training Complex
and that are withdrawn and reserved by section 2981 until the date on
which the amounts are transferred under subsection (c).
``SEC. 2991. ROAD RECONSTRUCTION AND TREATMENT OF EXISTING ROADS AND
RIGHTS-OF-WAY.
``(a) Road Reconstruction.--Subject to the availability of
appropriations, the Secretary of the Navy shall be responsible for the
timely--
``(1) reconstruction of--
``(A) Lone Tree Road leading to the B-16 Range; and
``(B) State Highway 361; and
``(2) relocation of--
``(A) Sand Canyon and Red Mountain Roads, consistent with
alternative 2A, as described in the Final FRTC Road Realignment
Study dated March 14, 2022; and
``(B) Pole Line Road, consistent with alternative 3B, as
described in the Final FRTC Road Realignment Study dated March
14, 2022.
``(b) Limitation on Use of Land Prior to Completion of
Requirements.--In accordance with section 2982(c)(1), the Secretary of
the Navy shall not make operational use of the expanded areas of the B-
16, B-17, and B-20 Ranges that were not subject to previous withdrawals
comprising the Fallon Range Training Complex and that are withdrawn and
reserved by section 2981 until the date on which the Secretary of the
Navy determines that each of the requirements of subsection (a) have
been met.
``(c) Existing Roads and Rights-of-way; Access.--
``(1) In general.--The withdrawal and reservation of land made
by section 2981 shall not be construed to affect the following
roads and associated rights-of-way:
``(A) United States Highways 50 and 95.
``(B) State Routes 121 and 839.
``(C) The Churchill County, Nevada, roads identified as
Simpson Road, East County Road, Earthquake Fault Road, and
Fairview Peak Road.
``(2) Access.--Any road identified on the map described in
section 2981(b) as an existing minor county road shall be available
for managed access consistent with the purposes of the withdrawal.
``(d) New Rights-of-way.--The Secretary of the Navy, in
coordination with the Secretary of the Interior, shall be responsible
for the timely grant of new rights-of-way for Sand Canyon and Red
Mountain Road, Pole Line Road, and East County Road to the appropriate
County.
``(e) I-11 Corridors.--The Secretary of the Interior shall manage
the land located within the `Churchill County Preferred I-11 Corridor'
and `NDOT I-11 Corridor' as depicted on the map entitled `Churchill
County Proposed Fallon Range Training Complex Modernization and Lands
Bill' and dated November 30, 2022, in accordance with this section.
``(f) Public Availability of Map.--A copy of the map described in
section 2981(b) shall be on file and available for public inspection in
the appropriate offices of the Bureau of Land Management.
``(g) Withdrawal of Land.--Subject to any valid rights in existence
on the date of enactment of this subtitle, the land located within the
corridors depicted as `Utility and Infrastructure Corridors' on the map
entitled `Churchill County Proposed Fallon Range Training Complex
Modernization and Lands Bill' and dated November 30, 2022, is withdrawn
from--
``(1) location and entry under the mining laws; and
``(2) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
``(h) Termination of Withdrawal.--A withdrawal under subsection (g)
shall terminate on the date on which--
``(1) the Secretary of the Interior, in coordination with
Churchill County, Nevada, terminates the withdrawal; or
``(2) the applicable corridor or land is patented.
``(i) Revised Statutes Section 2477 Claims.--The withdrawal and
reservation of land by section 2981 shall not affect the ability of
Churchill County, Nevada, to seek adjudication of claims under section
2477 of the Revised Statutes (43 U.S.C. 932), as in effect prior to
being repealed by section 706(a) of the Federal Land Policy and
Management Act of 1976 (Public Law 94-579; 90 Stat. 2793).
``(j) Treatment of the West-wide Energy Corridor.--
``(1) In general.--Nothing in section 2981 shall be construed
to restrict the development of high voltage electrical power
utility lines within the portion of the designated West-Wide Energy
Corridor that is located outside of the B-16 Range.
``(2) Transmission line.--The Secretary of the Navy shall allow
1 transmission line within that portion of the designated West-Wide
Energy Corridor that is located within the B-16 Range nearest the
existing transmission line adjacent to the western boundary of the
B-16 Range.
``(3) Future transmission line.--If the Secretary of the Navy
and the Secretary of the Interior determine that additional
transmission lines cannot be accommodated outside of the B-16
Range, to the extent practicable, the Secretary of the Navy shall
allow the construction of a new transmission line as close as
practicable to the existing transmission line.
``SEC. 2992. SAGE GROUSE STUDY.
``(a) In General.--The Secretary of the Navy, in consultation with
the Secretary of the Interior and the State of Nevada, shall conduct a
study to further assess greater sage grouse reactions to military
overflights within the Fallon Range Training Complex.
``(b) Determination.--If the Secretary of the Navy determines under
the study under subsection (a) that greater sage grouse in the Fallon
Range Training Complex are significantly impacted by aircraft
overflights, the Secretary of the Navy shall implement adaptive
management activities, in coordination with the State of Nevada and the
United States Fish and Wildlife Service.
``SEC. 2993. TREATMENT OF LIVESTOCK GRAZING PERMITS.
``(a) In General.--The Secretary of the Navy shall notify holders
of grazing allotments impacted by the withdrawal and reservation of
land by section 2981 and, if practicable, assist the holders of the
grazing allotments in obtaining replacement forage.
``(b) Revisions to Allotment Plans.--The Secretary of the Navy
shall reimburse the Secretary of the Interior for grazing program-
related administrative costs reasonably incurred by the Bureau of Land
Management due to the withdrawal and reservation of land by section
2981.
``(c) Alternative to Replacement Forage.--If replacement forage
cannot be identified under subsection (a), the Secretary of the Navy
shall make full and complete payments to Federal grazing permit holders
for all losses suffered by the permit holders as a result of the
withdrawal or other use of former Federal grazing land for national
defense purposes pursuant to the Act of June 28, 1934 (commonly known
as the `Taylor Grazing Act') (48 Stat. 1269, chapter 865; 43 U.S.C. 315
et seq.).
``(d) Notification and Payment.--The Secretary of the Navy shall--
``(1) notify, by certified mail, holders of grazing allotments
that are terminated; and
``(2) compensate the holders of grazing allotments described in
paragraph (1) for authorized permanent improvements associated with
the allotments.
``(e) Payment.--For purposes of calculating and making a payment to
a Federal grazing permit holder under this section (including the
conduct of any appraisals required to calculate the amount of the
payment)--
``(1) the Secretary of the Navy shall consider the permanent
loss of the applicable Federal grazing permit; and
``(2) the amount of the payment shall not be limited to the
remaining term of the existing Federal grazing permit.
``SEC. 2994. TRANSFER OF LAND UNDER THE ADMINISTRATIVE JURISDICTION OF
THE DEPARTMENT OF THE NAVY.
``(a) Transfer Required.--Subject to subsection (b), the Secretary
of the Navy shall transfer to the Secretary of the Interior, at no
cost, administrative jurisdiction of the approximately 86 acres of a
noncontiguous parcel of land as depicted on the map entitled `Churchill
County Proposed Fallon Range Training Complex Modernization and Lands
Bill' and dated November 30, 2022, acquired by the Department of the
Navy in Churchill County, Nevada, for inclusion in the Sand Mountain
Recreation Area.
``(b) Certification With Respect to Environmental Hazards.--Prior
to transferring land under subsection (a), the Secretary of the Navy
shall certify that the land to be transferred under that subsection is
free from environmental hazards.
``SEC. 2995. REDUCTION OF IMPACT OF FALLON RANGE TRAINING COMPLEX
MODERNIZATION.
``(a) In General.--Consistent with the Record of Decision for the
Fallon Range Training Complex Modernization Final Environmental Impact
Statement dated March 12, 2020, the Secretary of the Navy shall carry
out the following additional mitigations and other measures not
otherwise included in other sections of this Act to reduce the impact
of the modernization of the Fallon Range Training Complex by the
Secretary of the Navy on the land and local community:
``(1) Develop Memoranda of Agreement or other binding
protocols, in coordination with agencies, affected Indian tribes,
and other stakeholders, for--
``(A) management of that portion of Bureau of Reclamation
infrastructure in the B-16 and B-20 Ranges that will be closed
to public access but will continue to be managed for flood
control; and
``(B) access for research, resource management, and other
activities within the B-16, B-17, B-19, and B-20 Ranges.
``(2) Establish wildlife-friendly configured four-wire fencing,
on coordination with the Nevada Department of Wildlife, to restrict
access to the smallest possible area necessary to ensure public
safety and to minimize impacts on wildlife from fencing.
``(3) Subject to the availability of appropriations--
``(A) purchase the impacted portion of the Great Basin
Transmission Company (formerly named the `Paiute Pipeline
Company') pipeline within the B-17 Range; and
``(B) pay for the relocation of the pipeline acquired under
subparagraph (A) to a location south of the B-17 Range.
``(4) Accommodate permitting and construction of additional
utility and infrastructure projects within 3 corridors running
parallel to the existing north-south power line in proximity to
Nevada Route 121, existing east-west power line north of Highway
50, and the area immediately north of Highway 50 as shown on the
map entitled `Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill' and dated November 30, 2022,
subject to the requirement that any project authorized under this
paragraph shall complete appropriate Federal and State permitting
requirements prior to the accommodation under this paragraph.
``(5)(A) Notify holders of mining claims impacted by the
modernization by certified mail.
``(B) Make payments to the holders of mining claims
described in subparagraph (A), subject to the availability of
appropriations.
``(6) Allow a right-of-way to accommodate I-11 (which could
also include a transmission line) if a route is chosen by Churchill
County, Nevada, or the State of Nevada that overlaps the northeast
corner of the withdrawal area for the B-16 Range.
``(7) Revise the applicable range operations manual--
``(A) to include Crescent Valley and Eureka as noise-
sensitive areas; and
``(B) to implement a 5-nautical-mile buffer around the
towns of Crescent Valley and Eureka.
``(8) Implement a 3-nautical-mile airspace exclusion zone over
the Gabbs, Eureka, and Crescent Valley airports.
``(9) Extend the Visual Flight Rules airspace corridor through
the newly established Military Operations Areas on the east side of
the Dixie Valley Training Area.
``(10) Notify affected water rights holders by certified mail
and, if water rights are adversely affected by the modernization
and cannot be otherwise mitigated, acquire existing and valid State
water rights.
``(11) Allow Nevada Department of Wildlife access for spring
and wildlife guzzler monitoring and maintenance.
``(12) Implement management practices and mitigation measures
specifically designed to reduce or avoid potential impacts on
surface water and groundwater, such as placing targets outside of
washes.
``(13) Develop and implement a wildland fire management plan
with the State of Nevada to ensure wildland fire prevention,
suppression, and restoration activities are addressed, as
appropriate, for the entire expanded range complex.
``(14) To the maximum extent practicable and if compatible with
mission training requirements, avoid placing targets in
biologically sensitive areas identified by the Nevada Department of
Wildlife.
``(15) Fund 2 conservation law enforcement officer positions at
Naval Air Station Fallon.
``(16) Post signs warning the public of any contamination,
harm, or risk associated with entry into the withdrawal land.
``(17) Enter into an agreement for compensation from the
Secretary of the Navy to Churchill County, Nevada, and the counties
of Lyon, Nye, Mineral, and Pershing in the State of Nevada to
offset any reductions made in payments in lieu of taxes.
``(18) Review, in consultation with affected Indian tribes, and
disclose any impacts caused by the activities of the Secretary of
the Navy at Fox Peak, Medicine Rock, and Fairview Mountain.
``(19) Consult with affected Indian tribes to mitigate, to the
maximum extent practicable, any impacts disclosed under paragraph
(18).
``(b) Limitation on Use of Land Prior to Completion of
Requirements.--In accordance with section 2982(c)(1), the Secretary of
the Navy shall not make operational use of the expanded areas of the B-
16, B-17, and B-20 Ranges that were not subject to previous withdrawals
comprising the Fallon Range Training Complex and that are withdrawn and
reserved by section 2981 until the date on which the Secretary of the
Navy determines that each of the requirements of subsection (a) have
been met.
``SEC. 2996. DIXIE VALLEY WATER PROJECT.
``(a) Continuation of Project.--The withdrawal of land authorized
by section 2981(a)(2) shall not interfere with the Churchill County
Dixie Valley Water Project.
``(b) Permitting.--On application by Churchill County, Nevada, the
Secretary of the Navy shall concur with the Churchill County Dixie
Valley Water Project and, in collaboration with the Secretary of the
Interior, complete any permitting necessary for the Dixie Valley Water
Project, subject to the public land laws and environmental review,
including regulations.
``(c) Compensation.--Subject to the availability of appropriations,
the Secretary of the Navy shall compensate Churchill County, Nevada,
for any cost increases for the Dixie Valley Water Project that result
from any design features required by the Secretary of the Navy to be
included in the Dixie Valley Water Project.
``SEC. 2997. EXPANSION OF INTERGOVERNMENTAL EXECUTIVE COMMITTEE ON
JOINT USE BY DEPARTMENT OF THE NAVY AND DEPARTMENT OF THE INTERIOR OF
FALLON RANGE TRAINING COMPLEX.
``The Secretary of the Navy and the Secretary of the Interior shall
expand the membership of the Fallon Range Training Complex
Intergovernmental Executive Committee directed by section 3011(a)(5) of
the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-
65; 113 Stat. 885; 134 Stat. 4349) relating to the management of the
natural and cultural resources of the withdrawal land to include
representatives of Eureka County, Nevada, the Nevada Department of
Agriculture, and the Nevada Division of Minerals.
``SEC. 2998. TRIBAL LIAISON OFFICE.
``The Secretary of the Navy shall establish and maintain a
dedicated Tribal liaison position at Naval Air Station Fallon.
``SEC. 2999. TERMINATION OF PRIOR WITHDRAWAL.
``Notwithstanding section 2842 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) and section 3015 of the Military Lands Withdrawal Act of 1999
(title XXX of Public Law 106-65), the withdrawal and reservation under
section 3011(a) of that Act is terminated.
``SEC. 2999A. DURATION OF WITHDRAWAL AND RESERVATION.
``The withdrawal and reservation of public land by section 2981
shall terminate on November 6, 2047.''.
SEC. 2902. NUMU NEWE SPECIAL MANAGEMENT AREA.
(a) Definitions.--In this section:
(1) Management plan.--The term ``management plan'' means the
management plan for the Special Management Area developed under
subsection (d).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Special management area.--The term ``Special Management
Area'' means the Numu Newe Special Management Area established by
subsection (b).
(b) Establishment.--To protect, conserve, and enhance the unique
and nationally important historic, cultural, archaeological, natural,
and educational resources of the Numu Newe traditional homeland,
subject to valid existing rights, there is established in Churchill and
Mineral Counties, Nevada, the Numu Newe Special Management Area, to be
administered by the Secretary.
(c) Area Included.--The Special Management Area shall consist of
the approximately 217,845 acres of public land in Churchill and Mineral
Counties, Nevada, administered by the Bureau of Land Management, as
depicted on the map entitled ``Churchill County Proposed Fallon Range
Training Complex Modernization and Lands Bill'' and dated November 30,
2022.
(d) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a comprehensive
management plan for the long-term management of the Special
Management Area.
(2) Consultation.--In developing and implementing the
management plan, the Secretary shall consult with--
(A) appropriate Federal, Tribal, State, and local
governmental entities; and
(B) interested members of the public.
(3) Requirements.--The management plan shall--
(A) describe the appropriate uses of the Special Management
Area;
(B) with respect to any land within the Special Management
Area that is withdrawn and reserved for military uses, ensure
that management of the Special Management Area is consistent
with the purposes under section 2981(c)(2) of the Military Land
Withdrawals Act of 2013 (as added by section 2901 of this
title) for which the land is withdrawn and reserved;
(C) authorize the use of motor vehicles in the Special
Management Area, where appropriate, including providing for the
maintenance of existing roads;
(D) incorporate any provision of an applicable land and
resource management plan that the Secretary considers to be
appropriate;
(E) ensure, to the maximum extent practicable, the
protection and preservation of traditional cultural and
religious sites within the Special Management Area;
(F) to the maximum extent practicable, carefully and fully
integrate the traditional and historical knowledge and special
expertise of the Fallon Paiute Shoshone Tribe and other
affected Indian tribes;
(G) consistent with subparagraph (D), ensure public access
to Federal land within the Special Management Area for hunting,
fishing, and other recreational purposes;
(H) not affect the allocation, ownership, interest, or
control, as in existence on the date of enactment of this Act,
of any water, water right, or any other valid existing right;
and
(I) be reviewed not less frequently than annually by the
Secretary to ensure the management plan is meeting the
requirements of this section.
(e) Military Overflights.--Nothing in this section restricts or
precludes--
(1) low-level overflights of military aircraft over the Special
Management Area, including military overflights that can be seen or
heard within the Special Management Area;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training routes,
over the Special Management Area.
SEC. 2903. NATIONAL CONSERVATION AREAS.
(a) Numunaa Nobe National Conservation Area.--
(1) Definitions.--In this subsection:
(A) Conservation area.--The term ``Conservation Area''
means the Numunaa Nobe National Conservation Area established
by paragraph (2).
(B) Management plan.--The term ``management plan'' means
the management plan for the Conservation Area developed under
paragraph (3)(B).
(C) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Establishment.--
(A) In general.--To conserve, protect, and enhance for the
benefit and enjoyment of present and future generations the
cultural, archaeological, natural, wilderness, scientific,
geological, historical, biological, wildlife, educational,
recreational, and scenic resources of the Conservation Area,
subject to valid existing rights, there is established the
Numunaa Nobe National Conservation Area in the State of Nevada,
to be administered by the Secretary.
(B) Area included.--
(i) In general.--The Conservation Area shall consist of
approximately 160,224 acres of public land in Churchill
County, Nevada, as generally depicted on the map entitled
``Churchill County Proposed Fallon Range Training Complex
Modernization and Lands Bill'' and dated November 30, 2022.
(ii) Availability of map.--The map described in clause
(i) shall be on file and available for public inspection in
the appropriate offices of the Bureau of Land Management.
(3) Management.--
(A) In general.--The Secretary shall administer the
Conservation Area in a manner that conserves, protects, and
enhances the resources of the Conservation Area--
(i) in accordance with--
(I) this subsection;
(II) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(III) any other applicable law; and
(ii) as a component of the National Landscape
Conservation System.
(B) Management plan.--
(i) In general.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall develop a
management plan for the Conservation Area.
(ii) Consultation.--In developing the management plan,
the Secretary shall consult with--
(I) appropriate Federal, State, Tribal, and local
governmental entities; and
(II) members of the public.
(iii) Requirements.--The management plan shall--
(I) describe the appropriate uses of the
Conservation Area;
(II) in accordance with paragraph (5), authorize
the use of motor vehicles in the Conservation Area,
where appropriate, including for the maintenance of
existing roads; and
(III) incorporate any provision of an applicable
land and resource management plan that the Secretary
considers to be appropriate, to include the Search and
Rescue Training Cooperative Agreement between the
Bureau of Land Management and the Naval Strike and Air
Warfare Training Center dated July 6, 1998, and the
Carson City District BLM Administrative Guide to
Military Activities on and Over the Public Lands dated
January 25, 2012.
(4) Uses.--The Secretary shall allow only those uses of the
Conservation Area that the Secretary determines would further the
purposes of the Conservation Area.
(5) Motorized vehicles.--Except as needed for administrative
purposes, planned military activities authorized by paragraph
(3)(B)(iii)(III), or to respond to an emergency, the use of
motorized vehicles in the Conservation Area shall be permitted only
on roads and trails designated for the use of motorized vehicles by
the management plan.
(6) Withdrawal.--
(A) In general.--Subject to valid existing rights, all
public land in the Conservation Area is withdrawn from--
(i) all forms of entry, appropriation, and disposal
under the public land laws;
(ii) location, entry, and patent under the mining laws;
and
(iii) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(B) Additional land.--If the Secretary acquires mineral or
other interests in a parcel of land within the Conservation
Area after the date of enactment of this Act, the parcel is
withdrawn from operation of the laws referred to in
subparagraph (A) on the date of acquisition of the parcel.
(7) Hunting, fishing, and trapping.--
(A) In general.--Subject to subparagraph (B), nothing in
this subsection affects the jurisdiction of the State of Nevada
with respect to fish and wildlife, including hunting, fishing,
and trapping in the Conservation Area.
(B) Limitations.--
(i) Regulations.--The Secretary may designate by
regulation areas in which, and establish periods during
which, no hunting, fishing, or trapping will be permitted
in the Conservation Area, for reasons of public safety,
administration, or compliance with applicable laws.
(ii) Consultation required.--Except in an emergency,
the Secretary shall consult with the appropriate State
agency and notify the public before taking any action under
clause (i).
(8) Grazing.--In the case of land included in the Conservation
Area on which the Secretary permitted, as of the date of enactment
of this Act, livestock grazing, the livestock grazing shall be
allowed to continue, subject to applicable laws (including
regulations).
(9) No buffer zones.--
(A) In general.--Nothing in this subsection creates a
protective perimeter or buffer zone around the Conservation
Area.
(B) Activities outside conservation area.--The fact that an
activity or use on land outside the Conservation Area can be
seen or heard within the Conservation Area shall not preclude
the activity or use outside the boundary of the Conservation
Area.
(10) Military overflights.--Nothing in this subsection
restricts or precludes--
(A) low-level overflights of military aircraft over the
Conservation Area, including military overflights that can be
seen or heard within the Conservation Area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the Conservation Area.
(10) Effect on water rights.--Nothing in this subsection
constitutes an express or implied reservation of any water rights
with respect to the Conservation Area.
(b) Pistone-Black Mountain National Conservation Area.--
(1) Definitions.--In this subsection:
(A) Conservation area.--The term ``Conservation Area''
means the Pistone-Black Mountain National Conservation Area
established by paragraph (2)(A).
(B) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(C) Tribe.--The term ``Tribe'' means the Walker River
Paiute Tribe.
(2) Establishment.--
(A) In general.--To protect, conserve, and enhance the
unique and nationally important historic, cultural,
archaeological, natural, and educational resources of the
Pistone Site on Black Mountain, subject to valid existing
rights, there is established in Mineral County, Nevada, the
Pistone-Black Mountain National Conservation Area.
(B) Area included.--
(i) In general.--The Conservation Area shall consist of
the approximately 3,415 acres of public land in Mineral
County, Nevada, administered by the Bureau of Land
Management, as depicted on the map entitled ``Black
Mountain/Pistone Archaeological District'' and dated May
12, 2020.
(ii) Availability of map.--The map described in clause
(i) shall be on file and available for public inspection in
the appropriate offices of the Bureau of Land Management.
(3) Management.--
(A) In general.--The Secretary shall manage the
Conservation Area--
(i) in a manner that conserves, protects, and enhances
the resources and values of the Conservation Area,
including the resources and values described in paragraph
(2)(A);
(ii) in accordance with--
(I) this subsection;
(II) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(III) any other applicable law; and
(iii) as a component of the National Landscape
Conservation System.
(B) Uses.--The Secretary shall allow only those uses of the
Conservation Area that the Secretary determines would further
the purposes of the Conservation Area.
(C) Tribal cultural resources.--In administering the
Conservation Area, the Secretary shall provide for--
(i) access to and use of cultural resources by the
Tribe at the Conservation Area; and
(ii) the protection from disturbance of the cultural
resources and burial sites of the Tribe located in the
Conservation Area.
(D) Cooperative agreements.--The Secretary may, in a manner
consistent with this subsection, enter into cooperative
agreements with the State of Nevada, affected Indian tribes,
and institutions and organizations to carry out the purposes of
this subsection, subject to the requirement that the Tribe
shall be a party to any cooperative agreement entered into
under this subparagraph.
(4) Management plan.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a management
plan for the Conservation Area.
(B) Consultation.--In developing the management plan
required under subparagraph (A), the Secretary shall consult
with--
(i) appropriate State, Tribal, and local governmental
entities; and
(ii) members of the public.
(C) Requirements.--The management plan developed under
subparagraph (A) shall--
(i) describe the appropriate uses and management of the
Conservation Area;
(ii) incorporate, as appropriate, decisions contained
in any other management or activity plan for the land in or
adjacent to the Conservation Area;
(iii) take into consideration any information developed
in studies of the land and resources in or adjacent to the
Conservation Area; and
(iv) provide for a cooperative agreement with the Tribe
to address the historical, archaeological, and cultural
values of the Conservation Area.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights, all
public land in the Conservation Area is withdrawn from--
(i) all forms of entry, appropriation, and disposal
under the public land laws;
(ii) location, entry, and patent under the mining laws;
and
(iii) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(B) Additional land.--If the Secretary acquires mineral or
other interests in a parcel of land within the Conservation
Area after the date of enactment of this Act, the parcel is
withdrawn from operation of the laws referred to in
subparagraph (A) on the date of acquisition of the parcel.
(6) Hunting, fishing, and trapping.--
(A) In general.--Subject to subparagraph (B), nothing in
this subsection affects the jurisdiction of the State of Nevada
with respect to fish and wildlife, including hunting, fishing,
and trapping in the Conservation Area.
(B) Limitations.--
(i) Regulations.--The Secretary may designate by
regulation areas in which, and establish periods during
which, no hunting, fishing, or trapping will be permitted
in the Conservation Area, for reasons of public safety,
administration, or compliance with applicable laws.
(ii) Consultation required.--Except in an emergency,
the Secretary shall consult with the appropriate State
agency and notify the public before taking any action under
clause (i).
(7) Grazing.--In the case of land included in the Conservation
Area on which the Secretary permitted, as of the date of enactment
of this Act, livestock grazing, the livestock grazing shall be
allowed to continue, subject to applicable laws (including
regulations).
(8) No buffer zones.--
(A) In general.--Nothing in this subsection creates a
protective perimeter or buffer zone around the Conservation
Area.
(B) Activities outside conservation area.--The fact that an
activity or use on land outside the Conservation Area can be
seen or heard within the Conservation Area shall not preclude
the activity or use outside the boundary of the Conservation
Area.
(9) Military overflights.--Nothing in this subsection restricts
or precludes--
(A) low-level overflights of military aircraft over the
Conservation Area, including military overflights that can be
seen or heard within the Conservation Area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the Conservation Area.
(10) Effect on water rights.--Nothing in this subsection
constitutes an express or implied reservation of any water rights
with respect to the Conservation Area.
SEC. 2904. COLLABORATION WITH STATE AND COUNTY.
It is the sense of Congress that the Secretary of the Navy and
Secretary of the Interior should collaborate with the State of Nevada,
Churchill County, Nevada, the city of Fallon, Nevada, and affected
Indian tribes with the goal of preventing catastrophic wildfire and
resource damage in the land withdrawn or owned within the Fallon Range
Training Complex.
SEC. 2905. WILDERNESS AREAS IN CHURCHILL COUNTY, NEVADA.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by subsection (b)(1).
(b) Additions to National Wilderness Preservation System.--
(1) Additions.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following parcels of Federal land in
Churchill County, Nevada, are designated as wilderness and as
components of the National Wilderness Preservation System:
(A) Clan alpine mountains wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 128,362 acres, as generally depicted on the map
entitled ``Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill'' and dated November 30,
2022, which shall be known as the ``Clan Alpine Mountains
Wilderness''.
(B) Desatoya mountains wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 32,537 acres, as generally depicted on the map
entitled ``Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill'' and dated November 30,
2022, which shall be known as the ``Desatoya Mountains
Wilderness''.
(C) Cain mountain wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
7,664 acres, as generally depicted on the map entitled
``Churchill County Proposed Fallon Range Training Complex
Modernization and Lands Bill'' and dated November 30, 2022,
which shall be known as the ``Cain Mountain Wilderness''.
(2) Boundary.--The boundary of any portion of a wilderness area
that is bordered by a road shall be at least 150 feet from the edge
of the road.
(3) Map and legal description.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of each wilderness area.
(B) Effect.--Each map and legal description prepared under
subparagraph (A) shall have the same force and effect as if
included in this section, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
(C) Availability.--Each map and legal description prepared
under subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(4) Withdrawal.--Subject to valid existing rights, each
wilderness area is withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing and geothermal leasing
laws.
(c) Management.--Subject to valid existing rights, each wilderness
area shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that Act
shall be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of Agriculture
shall be considered to be a reference to the Secretary of the
Interior.
(d) Livestock.--The grazing of livestock in a wilderness area
administered by the Bureau of Land Management, if established as of the
date of enactment of this Act, shall be allowed to continue, subject to
such reasonable regulations, policies, and practices as the Secretary
considers necessary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of the
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress (House
Report 101-405).
(e) Incorporation of Acquired Land and Interests.--Any land or
interest in land within the boundaries of a wilderness area that is
acquired by the United States after the date of enactment of this Act
shall be added to and administered as part of the wilderness area
within which the acquired land or interest is located.
(f) Water Rights.--
(1) Findings.--Congress finds that--
(A) the wilderness areas--
(i) are located in the semiarid region of the Great
Basin region; and
(ii) include ephemeral and perennial streams;
(B) the hydrology of the wilderness areas is predominantly
characterized by complex flow patterns and alluvial fans with
impermanent channels;
(C) the subsurface hydrogeology of the region in which the
wilderness areas are located is characterized by--
(i) groundwater subject to local and regional flow
gradients; and
(ii) unconfined and artesian conditions;
(D) the wilderness areas are generally not suitable for use
or development of new water resource facilities; and
(E) because of the unique nature and hydrology of the
desert land in the wilderness areas, it is possible to provide
for proper management and protection of the wilderness areas
and other values of land in ways different from those used in
other laws.
(2) Statutory construction.--Nothing in this subsection--
(A) constitutes an express or implied reservation by the
United States of any water or water rights with respect to the
wilderness areas;
(B) affects any water rights in the State of Nevada
(including any water rights held by the United States) in
existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any future
wilderness designations;
(D) affects the interpretation of, or any designation made
under, any other Act; or
(E) limits, alters, modifies, or amends any interstate
compact or equitable apportionment decree that apportions water
among and between the State of Nevada and other States.
(3) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of Nevada State law in
order to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the wilderness areas.
(4) New projects.--
(A) Definition of water resource facility.--
(i) In general.--In this paragraph, the term ``water
resource facility'' means irrigation and pumping
facilities, reservoirs, water conservation works,
aqueducts, canals, ditches, pipelines, wells, hydropower
projects, transmission and other ancillary facilities, and
other water diversion, storage, and carriage structures.
(ii) Exclusion.--In this paragraph, the term ``water
resource facility'' does not include wildlife guzzlers.
(B) Restriction on new water resource facilities.--Except
as otherwise provided in this section, on and after the date of
enactment of this Act, neither the President nor any other
officer, employee, or agent of the United States shall fund,
assist, authorize, or issue a license or permit for the
development of any new water resource facility within a
wilderness area.
(g) Wildfire, Insects, and Disease.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may
take such measures in a wilderness area as are necessary for the
control of fire, insects, and diseases (including, as the Secretary
determines to be appropriate, the coordination of the activities with a
State or local agency).
(h) Data Collection.--Subject to such terms and conditions as the
Secretary may prescribe, nothing in this section precludes the
installation and maintenance of hydrologic, meteorological, or
climatological collection devices in a wilderness area, if the
Secretary determines that the devices and access to the devices are
essential to flood warning, flood control, or water reservoir operation
activities.
(i) Military Overflights.--Nothing in this section restricts or
precludes--
(1) low-level overflights of military aircraft over a
wilderness area, including military overflights that can be seen or
heard within a wilderness area;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training routes,
over a wilderness area.
(j) Wildlife Management.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this chapter
affects or diminishes the jurisdiction of the State of Nevada with
respect to fish and wildlife management, including the regulation
of hunting, fishing, and trapping, in the wilderness areas.
(2) Management activities.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the
Secretary may conduct any management activities in the wilderness
areas that are necessary to maintain or restore fish and wildlife
populations and the habitats to support the populations, if the
activities are carried out--
(A) consistent with relevant wilderness management plans;
and
(B) in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(ii) appropriate policies, such as those set forth in
Appendix B of the report of the Committee on Interior and
Insular Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st Congress (House Report
101-405), including the occasional and temporary use of
motorized vehicles, if the use, as determined by the
Secretary, would promote healthy, viable, and more
naturally distributed wildlife populations that would
enhance wilderness values with the minimal impact necessary
to reasonably accomplish those tasks.
(3) Existing activities.--In accordance with section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with
appropriate policies such as those set forth in Appendix B of the
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress (House
Report 101-405), the State may continue to use aircraft (including
helicopters) to survey, capture, transplant, monitor, and provide
water for wildlife populations.
(4) Wildlife water development projects.--Subject to subsection
(f), the Secretary shall authorize structures and facilities,
including existing structures and facilities, for wildlife water
development projects, including guzzlers, in the wilderness areas
if--
(A) the structures and facilities would, as determined by
the Secretary, enhance wilderness values by promoting healthy,
viable, and more naturally distributed wildlife populations;
and
(B) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(5) Hunting, fishing, and trapping.--
(A) In general.--The Secretary may designate areas in
which, and establish periods during which, for reasons of
public safety, administration, or compliance with applicable
laws, no hunting, fishing, or trapping will be permitted in the
wilderness areas.
(B) Consultation.--Except in emergencies, the Secretary
shall consult with the appropriate State agency and notify the
public before taking any action under subparagraph (A).
(6) Cooperative agreement.--
(A) In general.--The State of Nevada, including a designee
of the State, may conduct wildlife management activities in the
wilderness areas--
(i) in accordance with the terms and conditions
specified in the cooperative agreement between the
Secretary and the State entitled ``Memorandum of
Understanding between the Bureau of Land Management and the
Nevada Department of Wildlife Supplement No. 9'' and signed
November and December 2003, including any amendments to the
cooperative agreement agreed to by the Secretary and the
State of Nevada; and
(ii) subject to all applicable laws (including
regulations).
(B) References.--For the purposes of this subsection, any
references to Clark County, Nevada, in the cooperative
agreement described this paragraph shall be considered to be a
reference to Churchill or Lander County, Nevada, as applicable.
SEC. 2906. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the public land in Churchill County, Nevada, that is
administered by the Bureau of Land Management in the following areas
has been adequately studied for wilderness designation:
(1) The Stillwater Range Wilderness Study Area.
(2) The Job Peak Wilderness Study Area.
(3) The Clan Alpine Mountains Wilderness Study Area.
(4) That portion of the Augusta Mountains Wilderness Study Area
located in Churchill County, Nevada.
(5) That portion of the Desatoya Mountains Wilderness Study
Area located in Churchill County, Nevada.
(6) Any portion of any other wilderness study area located in
Churchill County, Nevada, that is not a wilderness area.
(b) Release.--The portions of the public land described in
subsection (a) not designated as wilderness by section 2905(b)--
(1) are no longer subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202 of that
Act (43 U.S.C. 1712); and
(B) existing cooperative conservation agreements.
SEC. 2907. LAND CONVEYANCES AND EXCHANGES.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Fallon, Nevada.
(2) Public purpose.--The term ``public purpose'' includes any
of the following:
(A) The construction and operation of a new fire station
for Churchill County, Nevada.
(B) The operation or expansion of an existing wastewater
treatment facility for Churchill County, Nevada.
(C) The operation or expansion of existing gravel pits and
rock quarries of Churchill County, Nevada.
(D) The operation or expansion of an existing City
landfill.
(b) Public Purpose Conveyances.--
(1) In general.--Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712), the
Secretary of the Interior shall convey, subject to valid existing
rights and paragraph (2), for no consideration, all right, title,
and interest of the United States in approximately 6,892 acres of
Federal land to Churchill County, Nevada, and 212 acres of land to
the City identified as ``Public Purpose Conveyances to Churchill
County and City of Fallon'' on the map entitled ``Churchill County
Proposed Fallon Range Training Complex Modernization and Lands
Bill'' and dated November 30, 2022.
(2) Use.--Churchill County, Nevada, and the City shall use the
Federal land conveyed under paragraph (1) for public purposes and
the construction and operation of public recreational facilities.
(3) Reversionary interest.--If a parcel of Federal land
conveyed to Churchill County, Nevada, under paragraph (1) ceases to
be used for public recreation or other public purposes consistent
with the Act of June 14, 1926 (commonly known as the ``Recreation
and Public Purposes Act''; 43 U.S.C. 869 et seq.), the parcel of
Federal land shall, at the discretion of the Secretary of the
Interior, revert to the United States.
(4) Gravel pit and rock quarry access.--Churchill County,
Nevada, shall provide at no cost to the Department of the Interior
access to and use of any existing gravel pits and rock quarries
conveyed to Churchill County, Nevada, under this section.
(c) Exchange.--The Secretary of the Interior shall seek to enter
into an agreement for an exchange with Churchill County, Nevada, for
the land identified as ``Churchill County Conveyance to the Department
of Interior'' in exchange for the land administered by the Secretary of
the Interior identified as ``Department of Interior Conveyance to
Churchill County'' on the map entitled ``Churchill County Proposed
Fallon Range Training Complex Modernization and Lands Bill'' and dated
November 30, 2022.
SEC. 2908. CHECKERBOARD RESOLUTION.
(a) In General.--The Secretary of the Interior, in consultation
with Churchill County, Nevada, and landowners in Churchill County,
Nevada, and after providing an opportunity for public comment, shall
seek to consolidate Federal land and non-Federal land ownership in
Churchill County, Nevada.
(b) Land Exchanges.--
(1) Land exchange authority.--To the extent practicable, the
Secretary of the Interior shall offer to exchange land identified
for exchange under paragraph (3) for private land in Churchill
County, Nevada, that is adjacent to Federal land in Churchill
County, Nevada, if the exchange would consolidate land ownership
and facilitate improved land management in Churchill County,
Nevada, as determined by the Secretary of the Interior.
(2) Applicable law.--Except as otherwise provided in this
section, a land exchange under this section shall be conducted in
accordance with--
(A) section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716); and
(B) any other applicable law.
(3) Identification of federal land for exchange.--The Secretary
of the Interior shall identify appropriate Federal land in
Churchill County, Nevada, to offer for exchange from Federal land
identified as potentially suitable for disposal in an applicable
resource management plan and managed by--
(A) the Commissioner of Reclamation; or
(B) the Director of the Bureau of Land Management.
(c) Equal Value Land Exchanges.--
(1) In general.--Land to be exchanged under this section shall
be of equal value, based on appraisals prepared in accordance
with--
(A) the Uniform Standards for Professional Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(2) Use of mass appraisals.--
(A) In general.--Subject to subparagraph (B), the Secretary
of the Interior may use a mass appraisal to determine the value
of land to be exchanged under this section, if the Secretary of
the Interior determines that the land to be subject to the mass
appraisal is of similar character and value.
(B) Exclusion.--The Secretary of the Interior shall exclude
from a mass appraisal under subparagraph (A) any land, the
value of which is likely to exceed $250 per acre, as determined
by the Secretary of the Interior.
(C) Availability.--The Secretary of the Interior shall make
the results of a mass appraisal conducted under subparagraph
(A) available to the public.
(d) Funding Eligibility.--Section 4(e)(3)(A) of the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263; 31 U.S.C. 6901
note) is amended--
(1) in clause (iv) by inserting ``Churchill,'' after
``Lincoln,'';
(2) in clause (x) by striking ``Nevada; and'' and inserting
``Nevada;'';
(3) in clause (xi) by striking ``paragraph (2)(A).'' and
inserting ``paragraph (2)(A); and''; and
(4) by adding at the end the following:
``(xii) reimbursement of costs incurred by the
Secretary in the identification, implementation, and
consolidation of Federal and non-Federal lands in Churchill
County in accordance with section 2908 of division B of the
James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023.''.
Subtitle B--Lander County Economic Development and Conservation
SEC. 2911. DEFINITIONS.
In this subtitle:
(1) County.--The term ``County'' means Lander County, Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) State.--The term ``State'' means the State of Nevada.
PART I--LANDER COUNTY PUBLIC PURPOSE LAND CONVEYANCES
SEC. 2921. DEFINITIONS.
In this part:
(1) Map.--The term ``Map'' means the map entitled ``Lander
County Selected Lands'' and dated August 4, 2020.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; and
(B) the Secretary of Agriculture, acting through the Chief
of the Forest Service, with respect to National Forest System
land.
SEC. 2922. CONVEYANCES TO LANDER COUNTY, NEVADA.
(a) Conveyance for Watershed Protection, Recreation, and Parks.--
Notwithstanding the land use planning requirements of sections 202 and
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), not later than 60 days after the date on which the County
identifies and selects the parcels of Federal land for conveyance to
the County from among the parcels identified on the Map as ``Lander
County Parcels BLM and USFS'' and dated August 4, 2020, the Secretary
concerned shall convey to the County, subject to valid existing rights
and for no consideration, all right, title, and interest of the United
States in and to the identified parcels of Federal land (including
mineral rights) for use by the County for watershed protection,
recreation, and parks.
(b) Conveyance for Airport Facility.--
(1) In general.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary
concerned shall convey to the County, subject to valid existing
rights, including mineral rights, all right, title, and interest of
the United States in and to the parcels of Federal land identified
on the Map as ``Kingston Airport'' for the purpose of improving the
relevant airport facility and related infrastructure.
(2) Costs.--The only costs for the conveyance to be paid by the
County under paragraph (1) shall be the survey costs relating to
the conveyance.
(c) Survey.--The exact acreage and legal description of any parcel
of Federal land to be conveyed under subsection (a) or (b) shall be
determined by a survey satisfactory to the Secretary concerned and the
County.
(d) Reversionary Interest.--If a parcel of Federal land conveyed to
the County under subsections (a) or (b) ceases to be used for public
recreation or other public purposes consistent with the Act of June 14,
1926 (commonly known as the ``Recreation and Public Purposes Act''; 43
U.S.C. 869 et seq.), the parcel of Federal land shall, at the
discretion of the Secretary of the Interior, revert to the United
States.
(e) Map, Acreage Estimates, and Legal Descriptions.--
(1) Minor errors.--The Secretary concerned and the County may,
by mutual agreement--
(A) make minor boundary adjustments to the parcels of
Federal land to be conveyed under subsection (a) or (b); and
(B) correct any minor errors in--
(i) the Map; or
(ii) an acreage estimate or legal description of any
parcel of Federal land conveyed under subsection (a) or
(b).
(2) Conflict.--If there is a conflict between the Map, an
acreage estimate, or a legal description of Federal land conveyed
under subsection (a) or (b), the Map shall control unless the
Secretary concerned and the County mutually agree otherwise.
(3) Availability.--The Secretary shall make the Map available
for public inspection in--
(A) the Office of the Nevada State Director of the Bureau
of Land Management; and
(B) the Bureau of Land Management Battle Mountain Field
Office.
PART II--LANDER COUNTY WILDERNESS AREAS
SEC. 2931. DEFINITIONS.
In this part:
(1) Map.--The term ``Map'' means the map entitled ``Lander
County Wilderness Areas Proposal'' and dated April 19, 2021.
(2) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 2932(a).
SEC. 2932. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following land in the State of Nevada is designated
as wilderness and as components of the National Wilderness Preservation
System:
(1) Cain mountain wilderness.--Certain Federal land managed by
the Director of the Bureau of Land Management, comprising
approximately 6,386 acres, generally depicted as ``Cain Mountain
Wilderness'' on the Map, which shall be part of the Cain Mountain
Wilderness designated by section 2905(b) of this title.
(2) Desatoya mountains wilderness.--Certain Federal land
managed by the Director of the Bureau of Land Management,
comprising approximately 7,766 acres, generally depicted as
``Desatoya Mountains Wilderness'' on the Map, which shall be part
of the Desatoya Mountains Wilderness designated by section 2905(b)
of this title.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file with, and make
available for inspection in, the appropriate offices of the Bureau
of Land Management, a map and legal description of each wilderness
area.
(2) Effect.--Each map and legal description filed under
paragraph (1) shall have the same force and effect as if included
in this chapter, except that the Secretary may correct clerical and
typographical errors in the map or legal description.
(c) Administration of Wilderness Areas.--The wilderness areas
designated in subsection (a) shall be administered in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.) and the wilderness
management provisions in section 2905 of this title.
SEC. 2933. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the following public land in the County has been adequately
studied for wilderness designation:
(1) The approximately 10,777 acres of the Augusta Mountain
Wilderness Study Area within the County that has not been
designated as wilderness by section 2902(a) of this title.
(2) The approximately 1,088 acres of the Desatoya Wilderness
Study Area within the County that has not been designated as
wilderness by section 2902(a) of this title.
(b) Release.--The public land described in subsection (a)--
(1) is no longer subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with the applicable land use
plans adopted under section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712).
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Requirements for specific request for new or modified nuclear
weapons.
Sec. 3112. Modifications to long-term plan for meeting national security
requirements for unencumbered uranium.
Sec. 3113. Modification of minor construction threshold for plant
projects.
Sec. 3114. Update to plan for deactivation and decommissioning of
nonoperational defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation
threats at vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for
laboratory-directed research and development.
Sec. 3117. Workforce enhancement for National Nuclear Security
Administration.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
Sec. 3120. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration to
the Air Force for the development of the Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to
plutonium pit aging.
Sec. 3125. National Nuclear Security Administration facility advanced
manufacturing development.
Sec. 3126. Authorization of workforce development and training
partnership programs within National Nuclear Security
Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modification to certain reporting requirements.
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense
Act and other provisions.
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2023 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section
4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 23-D-516, Energetic Materials Characterization
Facility, Los Alamos National Laboratory, Los Alamos, New Mexico,
$19,000,000.
Project 23-D-517, Electrical Power Capacity Upgrade, Los Alamos
National Laboratory, Los Alamos, New Mexico, $24,000,000.
Project 23-D-518, Plutonium Modernization Operations & Waste
Management Office Building, Los Alamos National Laboratory, Los
Alamos, New Mexico, $48,500,000.
Project 23-D-519, Special Materials Facility, Y-12 National
Security Complex, Oak Ridge, Tennessee, $49,500,000.
Project 23-D-533, Component Test Complex Project, Bettis Atomic
Power Laboratory, West Mifflin, Pennsylvania, $57,420,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2023 for
defense environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant projects:
Project 23-D-402, Calcine Construction, Idaho National
Laboratory, Idaho Falls, Idaho, $10,000,000.
Project 23-D-403, Hanford 200 West Area Tank Farms Risk
Management Project, Office of River Protection, Richland,
Washington, $4,408,000.
Project 23-D-404, 181D Export Water System Reconfiguration and
Upgrade, Hanford Site, Richland, Washington, $6,770,000.
Project 23-D-405, 181B Export Water System Reconfiguration and
Upgrade, Hanford Site, Richland, Washington, $480,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2023 for other defense activities in carrying
out programs as specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2023 for nuclear energy as specified in the
funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR MODIFIED
NUCLEAR WEAPONS.
Section 4209 of the Atomic Energy Defense Act (50 U.S.C. 2529) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``beyond phase 1 or
phase 6.1 (as the case may be) of the nuclear weapon
acquisition process'' after ``modified nuclear weapon''; and
(B) in paragraph (2), by striking ``research and
development which could lead to the production'' both places it
appears and inserting ``research and development for the
production'';
(2) by striking subsection (b) and inserting the following new
subsection:
``(b) Budget Request Format.--In a request for funds under
subsection (a), the Secretary shall include a dedicated line item for
each activity described in subsection (a)(2) for a new nuclear weapon
or modified nuclear weapon that is in phase 2 or higher or phase 6.2 or
higher (as the case may be) of the nuclear weapon acquisition
process.''; and
(3) by striking subsection (c) and inserting the following new
subsection:
``(c) Notification and Briefing of Noncovered Activities.--In any
fiscal year after fiscal year 2022, the Secretary of Energy, acting
through the Administrator, in conjunction with the annual submission of
the budget of the President to Congress pursuant to section 1105 of
title 31, United States Code, shall notify the congressional defense
committees of--
``(1) any activities described in subsection (a)(2) relating to
the development of a new nuclear weapon or modified nuclear weapon
that, during the calendar year prior to the budget submission, were
carried out prior to phase 2 or phase 6.2 (as the case may be) of
the nuclear weapon acquisition process; and
``(2) any plans to carry out, prior to phase 2 or phase 6.2 (as
the case may be) of the nuclear weapon acquisition process,
activities described in subsection (a)(2) relating to the
development of a new nuclear weapon or modified nuclear weapon
during the fiscal year covered by that budget.''.
SEC. 3112. MODIFICATIONS TO LONG-TERM PLAN FOR MEETING NATIONAL
SECURITY REQUIREMENTS FOR UNENCUMBERED URANIUM.
(a) Timing.--Subsection (a) of section 4221 of the Atomic Energy
Defense Act (50 U.S.C. 2538c) is amended--
(1) by striking ``each even-numbered year through 2026'' and
inserting ``each odd-numbered year through 2031''; and
(2) by striking ``2065'' and inserting ``2070''.
(b) Plan Requirements.--Subsection (b) of such section is amended--
(1) in paragraph (3), by inserting ``through 2070'' after
``unencumbered uranium'';
(2) by redesignating paragraphs (4) through (8) as paragraphs
(5) through (9), respectively;
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) An assessment of current and projected unencumbered
uranium production by private industry in the United States that
could support future defense requirements.''; and
(4) by striking paragraphs (8) and (9), as so redesignated, and
inserting the following new paragraphs:
``(8) An assessment of--
``(A) when additional enrichment of uranium will be
required to meet national security requirements; and
``(B) the options the Secretary is considering to meet such
requirements, including an estimated cost and timeline for each
option and a description of any changes to policy or law that
the Secretary determines would be required for each option.
``(9) An assessment of how options to provide additional
enriched uranium to meet national security requirements could, as
an additional benefit, contribute to the establishment of a
sustained domestic enrichment capacity and allow the commercial
sector of the United States to reduce reliance on importing uranium
from adversary countries.''.
(c) Comptroller General Review.--Such section is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Comptroller General Briefing.--Not later than 180 days after
the date on which the congressional defense committees receive each
plan under subsection (a), the Comptroller General of the United States
shall provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing that includes an assessment
of the plan.''.
SEC. 3113. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR PLANT
PROJECTS.
(a) Threshold.--Paragraph (2) of section 4701 of the Atomic Energy
Defense Act (50 U.S.C. 2741(2)) is amended to read as follows:
``(2)(A) Except as provided by subparagraphs (B) and (C), the
term `minor construction threshold' means $30,000,000.
``(B) During the period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2023 and
ending on November 30, 2025, the Administrator may calculate the
amount specified in subparagraph (A) based on fiscal year 2022
constant dollars if the Administrator--
``(i) submits to the congressional defense committees a
report on the method used by the Administrator to calculate the
adjustment;
``(ii) a period of 30 days elapses following the date of
such submission; and
``(iii) publishes the adjusted amount in the Federal
Register.
``(C) Beginning on December 1, 2025, the term `minor
construction threshold' means--
``(i) $30,000,000; or
``(ii) if the Administrator calculated a different amount
pursuant to subparagraph (B), the last such calculated amount
as published in the Federal Register under clause (iii) of such
subparagraph.''.
(b) Reports.--Section 4703(b) of such Act (50 U.S.C. 2743) is
amended by adding at the end the following: ``The report shall include
with respect to each project the following:''
``(1) The estimated original total project cost and the
estimated original date of completion.
``(2) The percentage of the project that is complete.
``(3) The current estimated total project cost and estimated
date of completion.''.
SEC. 3114. UPDATE TO PLAN FOR DEACTIVATION AND DECOMMISSIONING OF
NONOPERATIONAL DEFENSE NUCLEAR FACILITIES.
Section 4423 of the Atomic Energy Defense Act (50 U.S.C. 2603) is
amended--
(1) in subsection (a), by striking ``during each even-numbered
year beginning in 2016''; and inserting ``every four years
beginning in 2025'';
(2) in subsection (c)--
(A) by striking ``2016'' and inserting ``2025'';
(B) by striking ``2019'' and inserting ``2029''; and
(C) by striking ``determines--'' and all that follows and
inserting ``determines are nonoperational as of September 30,
2024.'';
(3) in subsection (d)--
(A) by striking ``Not later than March 31 of each even-
numbered year beginning in 2016'' and inserting ``Not later
than March 31, 2025, and every four years thereafter,'';
(B) by striking ``submitting during 2016'' and inserting
``submitted during 2025''; and
(C) by striking paragraph (4) and inserting the following
new paragraph:
``(4) a description of the deactivation and decommissioning
actions taken at each nonoperational defense nuclear facility
during the period following the date on which the previous report
required by this section was submitted.''; and
(4) in subsection (e), by striking ``2026'' and inserting
``2033''.
SEC. 3115. USE OF ALTERNATIVE TECHNOLOGIES TO ELIMINATE PROLIFERATION
THREATS AT VULNERABLE SITES.
Section 4306B of the Atomic Energy Defense Act (50 U.S.C. 2569) is
amended--
(1) in subsection (c)(1)(M)(ii), by inserting ``(including
through the use of alternative technologies)'' after ``convert'';
and
(2) in subsection (g), by adding at the end the following new
paragraph:
``(7) The term `alternative technologies' means technologies,
such as accelerator-based equipment, that do not use radiological
materials.''.
SEC. 3116. UNAVAILABILITY FOR OVERHEAD COSTS OF AMOUNTS SPECIFIED FOR
LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT.
(a) In General.--Section 4812 of the Atomic Energy Defense Act (50
U.S.C. 2792) is amended by adding at the end the following new
subsection:
``(c) Limitation on Use of Funds for Overhead.--A national security
laboratory may not use funds made available under section 4811(c) to
cover the costs of general and administrative overhead for the
laboratory.''.
(b) Repeal of Pilot Program.--Section 3119 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 50 U.S.C.
2791 note) is repealed.
SEC. 3117. WORKFORCE ENHANCEMENT FOR NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Elimination of Cap on Full-time Equivalent Employees of the
National Nuclear Security Administration.--Section 3241A of the
National Nuclear Security Administration Act (50 U.S.C. 2441a) is
amended--
(1) by striking subsections (a) and (c);
(2) by redesignating subsections (d), (e), and (f) as
subsections (a), (b), and (c), respectively; and
(3) by redesignating the first subsection (b) as subsection (d)
and moving the subsection so as to appear after subsection (c), as
redesignated by paragraph (2).
(b) Annual Briefing.--Subsection (c) of such section, as so
redesignated, is amended to read as follows:
``(c) Annual Briefing.--In conjunction with the submission of the
budget of the President to Congress pursuant to section 1105 of title
31, United States Code, the Administrator shall provide to the
congressional defense committees a briefing containing the following
information:
``(1) A projection of the expected number of employees of the
Office of the Administrator, as counted under subsection (d), for
the fiscal year covered by the budget and the four subsequent
fiscal years, broken down by the office in which the employees are
projected to be assigned.
``(2) With respect to the most recent fiscal year for which
data is available--
``(A) the number of service support contracts of the
Administration and whether such contracts are funded using
program or program direction funds;
``(B) the number of full-time equivalent contractor
employees working under each contract identified under
subparagraph (A);
``(C) the number of full-time equivalent contractor
employees described in subparagraph (B) that have been employed
under such a contract for a period greater than two years;
``(D) with respect to each contract identified under
subparagraph (A)--
``(i) identification of each appropriations account
that supports the contract; and
``(ii) the amount obligated under the contract during
the fiscal year, listed by each such account; and
``(E) with respect to each appropriations account
identified under subparagraph (D)(i), the total amount
obligated for contracts identified under subparagraph (A).''.
(c) Conforming Amendment.--Subsection (d) of such section, as
redesignated by subsection (a), is amended by striking ``under
subsection (a)'' each place it appears and inserting ``under subsection
(c)''.
SEC. 3118. MODIFICATION OF COST BASELINES FOR CERTAIN PROJECTS.
Section 4713(a) of the Atomic Energy Defense Act (50 U.S.C.
2753(a)) is amended--
(1) in paragraph (2)(D), by striking ``$750,000,000'' and
inserting ``$800,000,000'';
(2) in paragraph (3)(A)(i), by striking ``$50,000,000'' and
inserting ``$65,000,000''; and
(3) in paragraph (4)(A)(i), by striking ``$50,000,000'' and
inserting ``$65,000,000''.
SEC. 3119. PURCHASE OF REAL PROPERTY OPTIONS.
Subtitle E of the National Nuclear Security Administration Act (50
U.S.C. 2461 et seq.) is amended by adding at the end the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 3265. USE OF FUNDS FOR THE PURCHASE OF OPTIONS TO PURCHASE REAL
PROPERTY.
``(a) Authority.--Subject to the limitation in subsection (b),
funds authorized to be appropriated for the Administration for the
purchase of real property may be expended to purchase options for the
purchase of real property.
``(b) Limitation on Price of Options.--The price of any option
purchased pursuant to subsection (a) may not exceed the minor
construction threshold (as defined in section 4701 of the Atomic Energy
Defense Act (50 U.S.C. 2741)).
``(c) Notice.--Not later than 14 days after the date an option is
purchased pursuant to subsection (a), the Administrator shall submit to
the congressional defense committees--
``(1) a notification of such purchase; and
``(2) a summary of the rationale for such purchase.''.
SEC. 3120. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT OR RETIRE
W76-2 WARHEADS.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for the National Nuclear Security
Administration may be obligated or expended to reconvert or retire a
W76-2 warhead.
(b) Waiver.--The Administrator for Nuclear Security may waive the
prohibition in subsection (a) if the Administrator, in consultation
with the Secretary of Defense and the Chairman of the Joint Chiefs of
Staff, certifies in writing to the congressional defense committees--
(1) that Russia and China do not possess naval capabilities
similar to the W76-2 warhead in the active stockpiles of the
respective country; and
(2) that the Department of Defense does not have a valid
military requirement for the W76-2 warhead.
SEC. 3121. ACCELERATION OF DEPLETED URANIUM MANUFACTURING PROCESSES.
(a) Acceleration of Manufacturing.--The Administrator for Nuclear
Security shall require the nuclear security enterprise to accelerate
the modernization of manufacturing processes for depleted uranium by
2030 so that the nuclear security enterprise--
(1) demonstrates bulk cold hearth melting of depleted uranium
alloys to augment existing capabilities on an operational basis for
war reserve components;
(2) manufactures, on a repeatable and ongoing basis, war
reserve depleted uranium alloy components using net shape casting;
(3) demonstrates, if possible, a production facility to conduct
routine operations for manufacturing depleted uranium alloy
components outside of the current perimeter security fencing of the
Y-12 National Security Complex, Oak Ridge, Tennessee; and
(4) has available high purity depleted uranium for the
production of war reserve components.
(b) Annual Briefing.--Not later than March 31, 2023, and annually
thereafter through 2030, the Administrator shall provide to the
congressional defense committees a briefing on--
(1) progress made in carrying out subsection (a);
(2) the cost of activities conducted under such subsection
during the preceding fiscal year; and
(3) the ability of the nuclear security enterprise to convert
depleted uranium fluoride hexafluoride to depleted uranium
tetrafluoride.
(c) Nuclear Security Enterprise Defined.--In this section, the term
``nuclear security enterprise'' has the meaning given that term in
section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
SEC. 3122. ASSISTANCE BY THE NATIONAL NUCLEAR SECURITY ADMINISTRATION
TO THE AIR FORCE FOR THE DEVELOPMENT OF THE MARK 21A FUSE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator for Nuclear Security shall
enter into an agreement with the Secretary of the Air Force under which
the Administrator shall support the Air Force by reviewing and
validating the development and sustainment of a fuse for the Mark 21A
reentry vehicle to support the W87-1 warhead over the projected
lifetime of the warhead, including by--
(1) acting as an external reviewer of the Mark 21A fuse,
including by reviewing--
(A) the design of the fuse;
(B) the quality of manufacturing and parts; and
(C) the life availability of components;
(2) advising and supporting the Air Force on strategies to
mitigate technical and schedule fuse risks; and
(3) otherwise ensuring the expertise of the National Nuclear
Security Administration in fuse and warhead design and
manufacturing is available to support successful development and
sustainment of the fuse over its lifetime.
(b) Budget Request.--The Administrator shall include, in the budget
justification materials submitted to Congress in support of the budget
of the Department of Energy for fiscal year 2024 (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code), a request for amounts sufficient to ensure that the
assistance provided to the Air Force under the agreement under
subsection (a) does not negatively affect ongoing nuclear modernization
programs of the Administration.
(c) Nuclear Weapons Council Review.--During the life of the
agreement under subsection (a), the Nuclear Weapons Council established
under section 179 of title 10, United States Code, shall review the
agreement as part of the annual review by the Council of the budget of
the National Nuclear Security Administration and ensure that assistance
provided under such agreement aligns with ongoing programs of record
between the Department of Defense and the National Nuclear Security
Administration.
(d) Transmittal of Agreement.--Not later than 120 days after the
date of the enactment of this Act, the Nuclear Weapons Council shall
transmit to the congressional defense committees the agreement under
subsection (a) and any comments that the Council considers appropriate.
SEC. 3123. DETERMINATION OF STANDARDIZED INDIRECT COST ELEMENTS.
(a) In General.--Not later than March 31, 2025, the Deputy Chief
Financial Officer of the Department of Energy shall, in consultation
with the Administrator for Nuclear Security and the Director of the
Office of Science, determine standardized indirect cost elements to be
reported by contractors to the Administrator.
(b) Report.--Not later than 90 days after the date that the
determination required by subsection (a) is made, the Deputy Chief
Financial Officer shall, in coordination with the Administrator and the
Director, submit to the congressional defense committees a report
describing the standardized indirect cost elements determined under
subsection (a) and a plan to require contractors to report, beginning
in fiscal year 2026, such standardized indirect cost elements to the
Administrator.
(c) Standardized Indirect Cost Elements Defined.--In this section,
the term ``standardized indirect cost elements'' means the categories
of indirect costs incurred by management and operating contractors that
receive funds to perform work for the National Nuclear Security
Administration.
SEC. 3124. CERTIFICATION OF COMPLETION OF MILESTONES WITH RESPECT TO
PLUTONIUM PIT AGING.
(a) Requirement.--The Administrator for Nuclear Security shall
complete the milestones on plutonium pit aging identified in the report
entitled ``Research Program Plan for Plutonium and Pit Aging'',
published by the National Nuclear Security Administration in September
2021.
(b) Assessments.--The Administrator shall--
(1) acting through the Defense Programs Advisory Committee,
conduct biennial reviews during the period beginning not later than
one year after the date of the enactment of this Act and ending
December 31, 2030, regarding the progress achieved toward
completing the milestones described in subsection (a); and
(2) seek to enter into an arrangement with the private
scientific advisory group known as JASON to conduct, not later than
2030, an assessment of plutonium pit aging.
(c) Briefings.--During the period beginning not later than one year
after the date of the enactment of this Act and ending December 31,
2030, the Administrator shall provide to the congressional defense
committees biennial briefings on--
(1) the progress achieved toward completing the milestones
described in subsection (a); and
(2) the results of the assessments described in subsection (b).
(d) Certification of Completion of Milestones.--Not later than
October 1, 2031, the Administrator shall--
(1) certify to the congressional defense committees whether the
milestones described in subsection (a) have been achieved; and
(2) if the milestones have not been achieved, submit to such
committees a report--
(A) describing the reasons such milestones have not been
achieved;
(B) including, if the Administrator determines the
Administration will not be able to meet one of such milestones,
an explanation for that determination; and
(C) specifying new dates for the completion of the
milestones the Administrator anticipates the Administration
will meet.
SEC. 3125. NATIONAL NUCLEAR SECURITY ADMINISTRATION FACILITY ADVANCED
MANUFACTURING DEVELOPMENT.
(a) In General.--Of the funds authorized to be appropriated by this
Act for fiscal year 2023 for the National Nuclear Security
Administration for nuclear weapons production facilities, the
Administrator for Nuclear Security may authorize an amount, not to
exceed 5 percent of such funds, to be used by the director of each such
facility to engage in research, development, and demonstration
activities in order to maintain and enhance the engineering and
manufacturing capabilities at such facility.
(b) Nuclear Weapons Production Facility Defined.--In this section,
the term ``nuclear weapons production facility'' has the meaning given
that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C.
2501).
SEC. 3126. AUTHORIZATION OF WORKFORCE DEVELOPMENT AND TRAINING
PARTNERSHIP PROGRAMS WITHIN NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authority.--The Administrator for Nuclear Security may
authorize management and operating contractors at covered facilities to
develop and implement workforce development and training partnership
programs to further the education and training of employees or
prospective employees of such management and operating contractors to
meet the requirements of section 4219 of the Atomic Energy Defense Act
(50 U.S.C. 2538a).
(b) Capacity.--To carry out subsection (a), a management and
operating contractor at a covered facility may provide funding through
grants or other means to cover the costs of the development and
implementation of a workforce development and training partnership
program authorized under such subsection, including costs relating to
curriculum development, hiring of teachers, procurement of equipment
and machinery, use of facilities or other properties, and provision of
scholarships and fellowships.
(c) Definitions.--In this section:
(1) The term ``covered facility'' means--
(A) Los Alamos National Laboratory, Los Alamos, New Mexico;
or
(B) the Savannah River Site, Aiken, South Carolina.
(2) The term ``prospective employee'' means an individual who
has applied (or who, based on their field of study and experience,
is likely to apply) for a position of employment with a management
and operating contractor to support plutonium pit production at a
covered facility.
Subtitle C--Reports and Other Matters
SEC. 3131. MODIFICATION TO CERTAIN REPORTING REQUIREMENTS.
(a) Reports on Nuclear Warhead Acquisition Process.--Section 4223
of the Atomic Energy Defense Act (50 U.S.C. 2538e) is amended--
(1) in subsection (a)(2)(A), by striking ``submit to the
congressional defense committees a plan'' and inserting ``provide
to the congressional defense committees a briefing on a plan''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``certify to the
congressional defense committees that'' and inserting ``provide
to the congressional defense committees a briefing that
includes certifications that--''; and
(B) in paragraph (2)--
(i) by inserting ``, or provide to such committees a
briefing on,'' after ``a report containing''; and
(ii) by inserting ``or briefing, as the case may be''
after ``date of the report''.
(b) Reports on Transfers of Civil Nuclear Technology.--Section 3136
of the National Defense Authorization Act for Fiscal Year 2016 (42
U.S.C. 2077a) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Combination of Reports.--The Secretary of Energy may submit
the annual reports required by subsections (a), (d), and (e) as a
single annual report, including by providing portions of the
information so required as an annex to the single annual report.''.
(c) Conforming Amendment.--Section 161 n. of the Atomic Energy Act
of 1954 (50 U.S.C. 2201(n)) is amended by striking ``section 3136(i) of
the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C.
2077a(i)))'' and inserting ``section 3136 of the National Defense
Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a))''.
SEC. 3132. REPEAL OF OBSOLETE PROVISIONS OF THE ATOMIC ENERGY DEFENSE
ACT AND OTHER PROVISIONS.
(a) Repeal of Provisions of the Atomic Energy Defense Act.--
(1) In general.--The Atomic Energy Defense Act (50 U.S.C. 2501
et seq.) is amended--
(A) in title XLII--
(i) in subtitle A, by striking section 4215; and
(ii) in subtitle B, by striking section 4235; and
(B) in title XLIV--
(i) in subtitle A, by striking section 4403;
(ii) in subtitle C, by striking sections 4444, 4445,
and 4446; and
(iii) in subtitle D, by striking section 4454.
(2) Clerical amendment.--The table of contents for the Atomic
Energy Defense Act is amended by striking the items relating to
sections 4215, 4235, 4403, 4444, 4445, 4446, and 4454.
(b) Repeal of Other Provisions.--
(1) Authority to use international nuclear materials protection
and cooperation program funds outside the former soviet union.--
Section 3124 of the National Defense Authorization Act for Fiscal
Year 2004 (50 U.S.C. 2568) is repealed.
(2) Silk road initiative; nuclear nonproliferation
fellowships.--Sections 3133 and 3134 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C.
2570, 2571) are repealed.
(3) Requirement for research and development plan and report
with respect to nuclear forensics capabilities.--Section 3114 of
the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (50 U.S.C. 2574) is repealed.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2023,
$41,401,400 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
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) In accordance with paragraph (4), during a covered period,
the Chairperson, in consultation with an eligible member, may carry out
the functions and powers of the Board under sections 312 through 316,
notwithstanding that a quorum does not exist.
``(3) Not later than 30 days after a covered period begins, the
Chairperson shall notify the congressional defense committees that a
quorum does not exist.
``(4) The Chairperson may make recommendations to the Secretary of
Energy and initiate investigations into defense nuclear facilities
under section 312 pursuant to paragraph (2) only if--
``(A) a period of 30 days elapses following the date on which
the Chairperson submits the notification required under paragraph
(3);
``(B) not later than 30 days after making any such
recommendation or initiating any such investigation, the
Chairperson notifies the congressional defense committees of such
recommendation or investigation; and
``(C) any eligible member concurs with such recommendation or
investigation.
``(5) In this subsection:
``(A) The term `congressional defense committees' has the
meaning given such term in section 101(a) of title 10, United
States Code.
``(B) The term `covered period' means a period beginning on the
date on which a quorum specified in paragraph (1) does not exist by
reason of either or both a vacancy in the membership of the Board
or the incapacity of a member of the Board and ending on the
earlier of--
``(i) the date that is one year after such beginning date;
or
``(ii) the date on which a quorum exists.
``(C) The term `eligible member' means a member of the Board,
other than the Chairperson, serving during a covered period and who
is not incapacitated.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $13,004,000 for fiscal year 2023 for the purpose of
carrying out activities under chapter 869 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime
Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to
cargoes procured, furnished, or financed by other Federal
departments and agencies.
Subtitle B--Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain
merchant mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States
Government works.
Sec. 3515. Reports on matters relating to the United States Merchant
Marine Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy
cadets on certain vessels.
Subtitle C--Maritime Infrastructure
Sec. 3521. United States marine highway program.
Sec. 3522. Port infrastructure development grants.
Sec. 3523. Project selection criteria for port infrastructure
development program.
Sec. 3524. Infrastructure improvements identified in the report on
strategic seaports.
Sec. 3525. GAO review of Government efforts to promote growth and
modernization of United States Merchant Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure
resiliency and disaster preparedness.
Sec. 3527. Study on foreign investment in shipping.
Sec. 3528. Report on alternate marine fuel bunkering facilities at
ports.
Sec. 3529. Study of cybersecurity and national security threats posed by
foreign manufactured cranes at United States ports.
Subtitle D--Maritime Workforce
Sec. 3531. Improving Protections for Midshipmen.
Sec. 3532. Maritime Technical Advancement Act.
Sec. 3533. Ensuring diverse mariner recruitment.
Sec. 3534. Low emissions vessels training.
Subtitle E--Other Matters
Sec. 3541. Waiver of navigation and vessel inspection laws.
Sec. 3542. National maritime strategy.
Sec. 3543. Maritime Environmental and Technical Assistance Program.
Sec. 3544. Definition of qualified vessel.
Sec. 3545. Establishing a capital construction fund.
Sec. 3546. Recapitalization of National Defense Reserve Fleet.
Sec. 3547. Sense of Congress on Merchant Marine.
Sec. 3548. Analysis of effects of chemicals in stormwater runoff on
Pacific salmon and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR THE MARITIME
ADMINISTRATION.
(a) Maritime Administration.--There are authorized to be
appropriated to the Department of Transportation for fiscal year 2023,
for programs associated with maintaining the United States Merchant
Marine, the following amounts:
(1) For expenses necessary to support the United States
Merchant Marine Academy, $112,848,000, of which--
(A) $87,848,000 shall be for Academy operations;
(B) $22,000,000 shall be for facilities maintenance and
repair and equipment; and
(C) $3,000,000 shall be for training, staffing, retention,
recruiting, and contract management for United States Merchant
Marine Academy capital improvement projects.
(2) For expenses necessary to support the State maritime
academies, $53,780,000, of which--
(A) $2,400,000 shall be for the Student Incentive Program;
(B) $6,000,000 shall be for direct payments for State
maritime academies;
(C) $6,800,000 shall be for training ship fuel assistance;
(D) $8,080,000 shall be for offsetting the costs of
training ship sharing; and
(E) $30,500,000 shall be for maintenance and repair of
State maritime academy training vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, including funds for construction and
necessary expenses to construct shoreside infrastructure to support
such vessels, $75,000,000.
(4) For expenses necessary to support Maritime Administration
operations and programs, $131,433,000, of which--
(A) $15,000,000 shall be for the Maritime Environmental and
Technical Assistance program authorized under section 50307 of
title 46, United States Code;
(B) $30,000,000 shall be for shall be for the Maritime
Centers of Excellence, including to make grants authorized
under Section 51706 of title 46, United States Code;
(C) $15,000,000 shall be for the Marine Highways Program,
including to make grants as authorized under section 55601 of
title 46, United States Code;
(D) $67,433,000 shall be for headquarters operations
expenses;
(E) $2,000,000 shall be for expenses necessary to provide
for sealift contested environment evaluation;
(F) $800,000 shall be for expenses necessary to provide for
National Defense Reserve Fleet resiliency; and
(G) $1,200,000 shall be for expenses necessary to provide
for a comprehensive evaluation to assess the requirements for
the training ship State of Michigan.
(5) For expenses necessary for the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime
Administration, $6,000,000.
(6) For expenses necessary to maintain and preserve a United
States flag merchant marine to serve the national security needs of
the United States under chapter 531 of title 46, United States
Code, $318,000,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5))) of loan guarantees under the program; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide assistance to small
shipyards and for maritime training programs authorized under
section 54101 of title 46, United States Code, $30,000,000.
(9) For expenses necessary to implement the Port Infrastructure
Development Program, as authorized under section 54301 of title 46,
United States Code, $750,000,000, to remain available until
expended, except that no such funds authorized under this title for
this program may be used to provide a grant to purchase fully
automated cargo handling equipment that is remotely operated or
remotely monitored with or without the exercise of human
intervention or control, if the Secretary of Transportation
determines such equipment would result in a net loss of jobs within
a port or port terminal. If such a determination is made, the data
and analysis for such determination shall be reported to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House
of Representatives not later than 3 days after the date of the
determination.
(b) Tanker Security Program.--
(1) Funding.--Section 53411 of title 46, United States Code, is
amended by striking ``through 2035'' and inserting ``and 2023, and
$120,000,000 for fiscal years 2024 through 2035''.
(2) Increase in number of vessels.--Section 53403(c) of title
46, United States Code, is amended--
(A) by striking ``For any fiscal year, the Secretary'' and
inserting ``The Secretary'';
(B) by striking ``more than 10 vessels'' and inserting
``more than--''; and
(C) by adding at the end the following new paragraphs:
``(1) for each of fiscal years 2022 and 2023, 10 vessels; and
``(2) for any subsequent fiscal year, 20 vessels.''.
(c) Report.--Not later than June 30, 2023, the Maritime
Administrator shall prepare and submit to the Committees on Armed
Services of the House of Representatives and of the Senate, to the
Committee on Transportation and Infrastructure of the House of
Representatives, and to the Committee on Commerce, Science, and
Transformation of the Senate a report that includes the following:
(1) An assessment of industry capacity to support an expansion
of the Tanker Security Program pursuant to section 53411 of title
46, United States Code, as amended by subsection (b)(1), and
section 53403(c) of title 46, United States Code, as amended by
subsection (b)(2).
(2) An implementation timeline for entering 10-vessels into the
Tanker Security Program not later than September 30, 2023,
including all vessel conversion requirements, and crew training
requirements.
(3) An implementation timeline for entering 20-vessels into the
Tanker Security Program not later than September 30, 2024,
including all vessel conversion requirements, and crew training
requirements.
(4) An assessment of whether the $6,000,000 per-vessel stipend
meets requirements to attract and sustain the full 20-vessel
requirement for the Tanker Security Program.
(5) An assessment of the need for additional authorities to
offset the costs associated with converting vessels into CONSOL-
capable vessels, and to offset the costs associated with training
the crews to operate such vessels.
(6) Other matters the Administrator deems appropriate.
SEC. 3502. SECRETARY OF TRANSPORTATION RESPONSIBILITY WITH RESPECT TO
CARGOES PROCURED, FURNISHED, OR FINANCED BY OTHER FEDERAL DEPARTMENTS
AND AGENCIES.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Administrator of the Maritime Administration
shall issue a final rule to implement and enforce section 55305(d) of
title 46, United States Code.
(b) Programs of Other Agencies.--Section 55305(d)(2)(A) of title
46, United States Code, is amended by inserting after ``section'' the
following: ``and annually submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
administration of such programs''.
Subtitle B--Merchant Marine Academy
SEC. 3511. EXEMPTION OF CERTAIN STUDENTS FROM REQUIREMENT TO OBTAIN
MERCHANT MARINER LICENSE.
Section 51309 of title 46, United States Code, is amended--
(1) in subsection (a)(2)--
(A) by inserting ``able or'' before ``allowed'';
(B) by striking ``only because of physical disqualification
may'' and inserting ``solely due to a documented medical or
psychological condition shall''; and
(C) in the paragraph heading, by inserting ``or
psychological'' after ``physical''; and
(2) by adding at the end the following new subsection:
``(d) Definition of Documented Medical or Psychological
Condition.--In this section the term `documented medical or
psychological condition' means, with respect to an individual, a
physical disqualification or psychological condition, including a
mental health condition arising from sexual assault or sexual
harassment, for which the individual has been treated or is being
treated by a medical or psychological provider.''.
SEC. 3512. BOARD OF VISITORS.
Section 51312 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) by redesignating subparagraph (C) as subparagraph
(D);
(ii) in subparagraph (D), as so redesignated, by
striking ``flag-rank who'' and inserting ``flag-rank'';
(iii) in subparagraph (B), by striking ``and'' after
the semicolon; and
(iv) by inserting after subparagraph (B) the following:
``(C) at least 1 shall be a representative of a maritime
labor organization; and''; and
(B) in paragraph (3), by adding at the end the following:
``(C) Replacement.--If a member of the Board is replaced,
not later than 60 days after the date of the replacement, the
Designated Federal Officer selected under subsection (g)(2)
shall notify that member.'';
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``and 2 additional
meetings, which may be held in person or virtually'' after
``Academy''; and
(B) by adding at the end the following:
``(3) Scheduling; notification.--When scheduling a meeting of
the Board, the Designated Federal Officer shall coordinate, to the
greatest extent practicable, with the members of the Board to
determine the date and time of the meeting. Members of the Board
shall be notified of the date of each meeting not less than 30 days
prior to the meeting date.'';
(3) in subsection (e), by adding at the end the following:
``(4) Staff.--One or more staff of each member of the Board may
accompany them on Academy visits.
``(5) Scheduling; notification.--When scheduling a visit to the
Academy, the Designated Federal Officer shall coordinate, to the
greatest extent practicable, with the members of the Board to
determine the date and time of the visit. Members of the Board
shall be notified of the date of each visit not less than 30 days
prior to the visit date.''; and
(4) in subsection (h)--
(A) by inserting ``and ranking member'' after ``chairman''
each place the term appears; and
(B) by adding at the end the following: ``Such staff may
attend meetings and may visit the Academy.''.
SEC. 3513. PROTECTION OF CADETS FROM SEXUAL ASSAULT ONBOARD VESSELS.
(a) In General.--Section 51322 of title 46, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Safety Criteria.--The Maritime Administrator, after
consulting with the Commandant of the Coast Guard, shall establish--
``(1) criteria, to which an owner or operator of a vessel
engaged in commercial service shall adhere prior to carrying a
cadet performing their Sea Year service from the United States
Merchant Marine Academy, that addresses prevention of, and response
to, sexual harassment, dating violence, domestic violence, sexual
assault, and stalking; and
``(2) a process for collecting pertinent information from such
owners or operators and verifying their compliance with the
criteria.
``(b) Minimum Standards.--At a minimum, the criteria established
under subsection (a) shall require the vessel owners or operators to
have policies that address--
``(1) communication between a cadet and an individual ashore
who is trained in responding to incidents of sexual harassment,
dating violence, domestic violence, sexual assault, and stalking;
``(2) the safety and security of cadet staterooms while a cadet
is onboard the vessel;
``(3) requirements for crew to report complaints or incidents
of sexual assault, sexual harassment, dating violence, domestic
violence, and stalking consistent with the requirements in section
10104;
``(4) the maintenance of records of reports of sexual
harassment, dating violence, domestic violence, sexual assault, and
stalking onboard a vessel carrying a cadet;
``(5) the maintenance of records of sexual harassment, dating
violence, domestic violence, sexual assault, and stalking training
as required under subsection (f);
``(6) a requirement for the owner or operator provide each
cadet a copy of the policies and procedures related to sexual
harassment, dating violence, domestic violence, sexual assault, and
stalking policies that pertain to the vessel on which they will be
employed; and
``(7) any other issues the Maritime Administrator determines
necessary to ensure the safety of cadets during Sea Year training.
``(c) Self-certification by Owners or Operators.--The Maritime
Administrator shall require the owner or operator of any commercial
vessel that is carrying a cadet from the United States Merchant Marine
Academy to annually certify that--
``(1) the vessel owner or operator is in compliance with the
criteria established under subsection (a); and
``(2) the vessel is in compliance with the International
Convention of Safety of Life at Sea, 1974 (32 UST 47) and sections
8106 and 70103(c).
``(d) Information, Training, and Resources.--The Maritime
Administrator shall ensure that a cadet participating in Sea Year--
``(1) receives training specific to vessel safety, including
sexual harassment, dating violence, domestic violence, sexual
assault, and stalking prevention and response training, prior to
the cadet boarding a vessel for Sea Year training;
``(2) is equipped with an appropriate means of communication
and has been trained on its use;
``(3) has access to a helpline to report incidents of sexual
harassment, dating violence, domestic violence, sexual assault, or
stalking that is monitored by trained personnel; and
``(4) is informed of the legal requirements for vessel owners
and operators to provide for the security of individuals onboard,
including requirements under section 70103(c) and chapter 81.'';
(2) by redesignating subsections (b) through (d) as subsections
(e) through (g), respectively;
(3) in subsection (e), as so redesignated, by striking
paragraph (2) and inserting the following new paragraphs:
``(2) Access to information.--The vessel operator shall make
available to staff conducting a vessel check such information as
the Maritime Administrator determines is necessary to determine
whether the vessel is being operated in compliance with the
criteria established under subsection (a).
``(3) Removal of students.--If staff of the Academy or staff of
the Maritime Administration determine that a commercial vessel is
not in compliance with the criteria established under subsection
(a), the staff--
``(A) may remove a cadet of the Academy from the vessel;
and
``(B) shall report such determination of non-compliance to
the owner or operator of the vessel.'';
(4) in subsection (f), as so redesignated, by striking ``or the
seafarer union'' and inserting ``and the seafarer union''; and
(5) by adding at the end the following:
``(h) Noncommercial Vessels.--
``(1) In general.--A public vessel (as defined in section 2101)
shall not be subject to the requirements of this section.
``(2) Requirements for participation.--The Maritime
Administrator may establish criteria and requirements that the
operators of public vessels shall meet to participate in the Sea
Year program of the United States Merchant Marine Academy that
addresses prevention of, and response to, sexual harassment, dating
violence, domestic violence, sexual assault, and stalking.
``(i) Sharing of Best Practices.--The Maritime Administrator shall
share with State maritime academies best practices for, and lessons
learned with respect to, the prevention of, and response to, sexual
harassment, dating violence, domestic violence, sexual assault, and
stalking.''.
(b) Regulations.--
(1) In general.--The Maritime Administrator may prescribe rules
necessary to carry out the amendments made by this section.
(2) Interim rules.--The Maritime Administrator may prescribe
interim rules necessary to carry out the amendments made by this
section. For this purpose, the Maritime Administrator in
prescribing rules under paragraph (1) is excepted from compliance
with the notice and comment requirements of section 553 of title 5,
United States Code. All rules prescribed under the authority of the
amendments made by this section shall remain in effect until
superseded by a final rule.
(c) Conforming Amendments.--
(1) Sea year compliance.--Section 3514 of the National Defense
Authorization Act for Fiscal Year 2017 (46 U.S.C. 51318 note) is
repealed.
(2) Access of academy cadets to dod safe or equivalent
helpline.--Section 3515 of the National Defense Authorization Act
for Fiscal Year 2018 (46 U.S.C. 51518 note) is amended by striking
subsection (b) and redesignating subsection (c) as subsection (b).
SEC. 3514. SERVICE ACADEMY FACULTY PARITY OF USE OF UNITED STATES
GOVERNMENT WORKS.
Section 105 of title 17, United States Code, is amended--
(1) in the heading of subsection (b), by striking ``Certain of
Works '' and inserting ``Certain Works'';
(2) in the first subsection (c) (relating to ``Use by Federal
Government'') by striking ``The Secretary of Defense'' and
inserting ``A covered Secretary'';
(3) by redesignating the second subsection (c) (relating to
``Definitions'') as subsection (d); and
(4) in subsection (d), as redesignated by paragraph (3),
(A) in paragraph (2), by adding at the end the following:
``(M) United States Merchant Marine Academy.'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph:
``(3) The term `covered Secretary' means--
``(A) the Secretary of Transportation, with respect to the
United States Merchant Marine Academy;
``(B) the Secretary of Homeland Security, with respect to
the United States Coast Guard Academy; or
``(C) the Secretary of Defense, with respect to any other
covered institution under paragraph (2).''.
SEC. 3515. REPORTS ON MATTERS RELATING TO THE UNITED STATES MERCHANT
MARINE ACADEMY.
(a) Report on Implementation of NAPA Recommendations.--
(1) In general.--In accordance with paragraph (3), the
Secretary of Transportation shall submit to the appropriate
congressional committees reports on the status of the
implementation of the recommendations specified in paragraph (4).
(2) Elements.--Each report under paragraph (1) shall include
the following:
(A) A description of the status of the implementation of
each recommendation specified in paragraph (4), including
whether the Secretary--
(i) concurs with the recommendation;
(ii) partially concurs with the recommendation;
(iii) does not concur with the recommendation; or
(iv) determines the recommendation is not applicable to
the Department of Transportation.
(B) An explanation of--
(i) with respect to a recommendation with which the
Secretary concurs, the actions the Secretary intends to
take to implement such recommendation, including--
(I) any rules, regulations, policies, or other
guidance that have been issued, revised, changed, or
cancelled as a result of the implementation of the
recommendation; and
(II) any impediments to the implementation of the
recommendation;
(ii) with respect to a recommendation with which the
Secretary partially concurs, the actions the Secretary
intends to take to implement the portion of such
recommendation with which the Secretary concurs,
including--
(I) intermediate actions, milestone dates, and the
expected completion date for the implementation of the
portion of the recommendation; and
(II) any rules, regulations, policies, or other
guidance that are expected to be issued, revised,
changed, or cancelled as a result of the implementation
of the portion of the recommendation;
(iii) with respect to a recommendation with which the
Secretary does not concur, an explanation of why the
Secretary does not concur with such recommendation;
(iv) with respect to a recommendation that the
Secretary determines is not applicable to the Department of
Transportation, an explanation of the reasons for the
determination; and
(v) any statutory changes that may be necessary--
(I) to fully implement the recommendations
specified in paragraph (4) with which the Secretary
concurs; or
(II) to partially implement the recommendations
specified in such paragraph with which the Secretary
partially concurs.
(C) A visual depiction of the status of the completion of
the recommendations specified in paragraph (4).
(3) Timing of reports.--The Secretary of Transportation shall
submit an initial report under paragraph (1) not later than 180
days after the date of the enactment of this Act. Following the
submittal of the initial report, the Secretary shall submit updated
versions of the report not less frequently than once every 180 days
until the date on which the Secretary submits to the appropriate
congressional committees a certification that each recommendation
specified in paragraph (4)--
(A) with which the Secretary concurs--
(i) has been fully implemented; or
(ii) cannot be fully implemented, including an
explanation of why; and
(B) with which the Secretary partially concurs--
(i) has been partially implemented; or
(ii) cannot be partially implemented, including an
explanation of why.
(4) Recommendations specified.--The recommendations specified
in this paragraph are the recommendations set forth in the report
prepared by a panel of the National Academy of Public
Administration pursuant to section 3513 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1979) titled ``Organizational Assessment of the U.S. Merchant
Marine Academy: A Path Forward'', dated November 2021.
(b) Report on Implementation of Policy Relating to Sexual
Harassment and Other Matters.--Not later than one year after the date
of the enactment of this Act, the Secretary of Transportation shall
submit to the appropriate congressional committees a report on the
status of the implementation of the policy on sexual harassment, dating
violence, domestic violence, sexual assault, and stalking at the United
States Merchant Marine Academy, as required under section 51318 of
title 46, United States Code.
(c) Inspector General Audit.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Transportation shall initiate an audit of the actions taken by the
Maritime Administration to address only the following
recommendations identified by a National Academy of Public
Administration panel in the November 2021 report titled
``Organizational Assessment of the United States Merchant Marine
Academy: A Path Forward'':
(A) Recommendations 4.1 through 4.3.
(B) Recommendations 4.7 through 4.11.
(C) Recommendations 5.1 through 5.4.
(D) Recommendations 5.6, 5.7, 5.11, 5.14, 5.15, 5.16, 6.6,
and 6.7.
(E) Recommendations 6.1 through 6.4.
(2) Report.--After the completion of the audit required under
paragraph (1), the Inspector General shall submit to the
appropriate congressional committees, and make publicly available,
a report containing the results of the audit.
(d) Implementation of Recommendations From the National Academy of
Public Administration.--
(1) Agreement for study by national academy of public
administration.--
(A) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Transportation shall
seek to enter into an agreement with the National Academy of
Public Administration (referred to in this section as the
``Academy'') under which the Academy shall provide support
for--
(i) prioritizing and addressing the recommendations
referred to subsection (c)(1) and establishing a process
for prioritizing other recommendations in the future;
(ii) the development of--
(I) long-term processes and a timeframe for long-
term process improvements; and
(II) corrective actions and best practice criteria
that can be implemented in the medium- and near-term;
(iii) the establishment of a clear assignment of
responsibility for the implementation of each
recommendation referred to in subsection (c)(1), and a
strategy for assigning other recommendations in the future;
and
(iv) a performance measurement system, including data
collection and tracking and evaluating progress toward
goals of the Merchant Marine Academy.
(B) Report of progress.--Not later than one year after the
date of an agreement entered into pursuant to subparagraph (A),
the Secretary of Transportation, in consultation with the
Administrator of the Merchant Marine Academy, shall submit to
the Maritime Administrator and the appropriate congressional
committees a report on the progress made in implementing the
recommendations referred to in subsection (c)(1).
(2) Prioritization and implementation plan.--
(A) In general.--Not later than one year after the date of
enactment of this Act, the Maritime Administrator shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Armed Services of the House of
Representatives a prioritization and implementation plan to
assess, prioritize, and address the recommendations identified
by the National Academy of Public Administration panel in the
November 2021 report titled ``Organizational Assessment of the
United States Merchant Marine Academy: A Path Forward'' that
Superintendent of the Merchant Marine Academy determines are
relevant to the Maritime Administration, including the
recommendations referred to in subsection (c)(1). The
prioritization and implementation plan shall--
(i) be developed using the strategies, processes, and
systems developed pursuant to an agreement entered into
under paragraph (1);
(ii) include estimated timelines and cost estimates for
the implementation of priority goals;
(iii) include summaries of stakeholder and interagency
engagement used to assess goals and timelines;
(iv) with respect to any recommendation the
Superintendent determines is not relevant to the Maritime
Administration, include an explanation for the
determination; and
(v) submitted to the Inspector General of the
Department of Transportation and the appropriate
congressional committees and made publicly available.
(B) Audit and report.--The Inspector General of the
Department of Transportation shall--
(i) not later than 180 days after the date on which the
prioritization and implementation plan described in
subparagraph (A) is made publicly available, initiate an
audit of the actions taken by the Maritime Administration
to address such plan;
(ii) monitor the actions taken by the Maritime
Administration to implement recommendations contained in
the audit required under clause (i) and in prior audits of
the Maritime Administration's implementation of National
Academy of Public Administration recommendations and
periodically initiate subsequent audits of the continued
actions taken by the Maritime Administration to address the
prioritization and implementation plan, as the Inspector
General determines necessary; and
(iii) after the completion of the audit required under
clause (i), submit to the Administrator of the Maritime
Administration and the appropriate congressional
committees, and make publicly available, a report
containing the results of the audit.
(C) Report of progress.--Not later than 180 days after the
date on which the report required under clause (ii) is made
publicly available, and annually thereafter, the Administrator
of the Maritime Administration shall submit to the Inspector
General of the Department of Transportation and the appropriate
congressional committees a report that includes a description
of--
(i) the actions planned to be taken by the Maritime
Administration, and estimated timeframes, to implement any
open or unresolved recommendation--
(I) included in the report of the Inspector General
required under subsection (B)(iii); or
(II) referred to in subsection (c)(1); and
(ii) an identification of any recommendation referred
to in clause (i) for which the Maritime Administration
failed to meet a target action date, or for which the
Maritime Administration requested an extension of time, and
the reasons why such an extension was necessary.
(3) Agreement for plan on capital improvements.--Not later than
90 days after the date of the enactment of this Act, the Maritime
Administrator shall seek to enter into an agreement with a Federal
construction agent for the development of a plan to execute capital
improvements at the United States Merchant Marine Academy.
(e) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation of
the Senate;
(2) the Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies of the Committee on
Appropriations of the Senate;
(3) the Committee on Transportation and Infrastructure of the
House of Representatives;
(4) the Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies of the Committee on
Appropriations of the House of Representatives; and
(5) the Committee on Armed Services of the House of
Representatives.
SEC. 3516. STUDY ON CAPITAL IMPROVEMENT PROGRAM AT THE USMMA.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the United States Merchant Marine Academy Capital
Improvement Program. The study shall include an evaluation of--
(1) the actions the United States Merchant Marine Academy has
taken to bring the buildings, infrastructure, and other facilities
on campus into compliance with applicable building codes and the
further actions required for full compliance;
(2) how the approach that the United States Merchant Marine
Academy uses to manage its capital assets compares with national
leading practices;
(3) how cost estimates prepared for capital asset projects
compares with cost estimating leading practices;
(4) whether the United States Merchant Marine Academy has
adequate staff who are trained to identify needed capital projects,
estimate the cost of those projects, perform building maintenance,
and manage capital improvement projects; and
(5) how the United States Merchant Marine Academy identifies
and prioritizes capital construction needs, and how the
prioritization of such needs relates to the safety, education, and
wellbeing of midshipmen.
(b) Report.--Not later than 18 months after the date of the
enactment of this section, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure and the Committee on
Armed Services of the House of Representatives a report containing the
findings of the study conducted under subsection (a).
SEC. 3517. REQUIREMENTS RELATING TO TRAINING OF MERCHANT MARINE ACADEMY
CADETS ON CERTAIN VESSELS.
(a) Requirements Relating to Protection of Cadets From Sexual
Assault Onboard Vessels.--
(1) In general.--Subsection (b) of section 51307 of title 46,
United States Code, is amended to read as follows:
``(b) Sea Year Cadets on Certain Vessels.--
``(1) Requirements.--The Secretary shall require an operator of
a vessel participating in the Maritime Security Program under
chapter 531 of this title, the Cable Security Fleet under chapter
532 of this title, or the Tanker Security Fleet under chapter 534
of this title to--
``(A) carry on each Maritime Security Program vessel, Cable
Security Fleet vessel, or Tanker Security Fleet vessel 2 United
States Merchant Marine Academy cadets, if available, on each
voyage; and
``(B) implement and adhere to policies, programs, criteria,
and requirements established pursuant to section 51322 of this
title.
``(2) Failure to implement or adhere to requirements.--Failure
to implement or adhere to the policies, programs, criteria, and
requirements referred to in paragraph (1) may, as determined by the
Maritime Administrator, constitute a violation of an operating
agreement entered into under chapter 531, 532, or 534 of this title
and the Maritime Administrator may--
``(A) require the operator to take corrective actions; or
``(B) withhold payment due to the operator until the
violation, as determined by the Maritime Administrator, has
been remedied.
``(3) Withheld payments.--Any payment withheld pursuant to
paragraph (2)(B) may be paid, upon a determination by the Maritime
Administrator that the operator is in compliance with the policies,
programs, criteria, and requirements referred to in paragraph
(1).''.
(2) Applicability.--Paragraph (2) of subsection (b) of section
51307, as amended by paragraph (1), shall apply with respect to any
failure to implement or adhere to the policies, programs, criteria,
and requirements referred to in paragraph (1)(B) of such subsection
that occurs on or after the date that is one year after the date of
the enactment of this Act.
(b) Conforming Amendments.--Title 46, United States Code, is
further amended--
(1) in section 53106(a)(2), by inserting ``or section
51307(b)'' after ``this section'';
(2) in section 53206(a)(2), by inserting ``or section
51307(b)'' after ``this section''; and
(3) in section 53406(a), by inserting ``or section 51307(b)''
after ``this section''.
Subtitle C--Maritime Infrastructure
SEC. 3521. UNITED STATES MARINE HIGHWAY PROGRAM.
(a) United States Marine Highway Program.--
(1) In general.--Section 55601 of title 46, United States Code,
is amended to read as follows:
``Sec. 55601. United States marine highway program
``(a) Establishment.--
``(1) In general.--There is in the Department of Transportation
a program, to be known as the `United States marine highway
program'.
``(2) Additional program activities.--In carrying out the
program established under this subsection, the Secretary of
Transportation may--
``(A) coordinate with ports, State departments of
transportation, localities, other public agencies, and
appropriate private sector entities on the development of
landside facilities and infrastructure to support marine
highway transportation; and
``(B) develop performance measures for the program.
``(b) Marine Highway Transportation Routes.--
``(1) Designation.--The Secretary may designate a route as a
marine highway transportation route, or modify such a designation,
if--
``(A) such route--
``(i) provides a coordinated and capable alternative to
landside transportation;
``(ii) mitigates or relieves landside congestion;
``(iii) promotes marine highway transportation; or
``(iv) uses vessels documented under chapter 121; and
``(B) such designation or modification is requested by--
``(i) the government of a State or territory;
``(ii) a metropolitan planning organization;
``(iii) a port authority;
``(iv) a non-Federal navigation district; or
``(v) a Tribal government.
``(2) Determination.--Not later than 180 days after the date on
which the Maritime Administrator receives a request for the
designation or modification of a marine highway route under
paragraph (1), the Maritime Administrator shall make a
determination of whether to make the requested designation or
modification.
``(3) Notification.--Not later than 14 days after the date on
which the Maritime Administrator makes a determination under
paragraph (2), the Maritime Administrator shall notify the
requester of the determination.
``(c) Map of Marine Highway Program Routes.--
``(1) In general.--The Maritime Administrator shall make
publicly available a map showing the location of marine highway
routes, including such routes along the coasts, in the inland
waterways, and at sea and update that map when a marine highway
route is designated or modified pursuant to subsection (b).
``(2) Coordination.--The Maritime Administrator shall
coordinate with the Administrator of the National Oceanic and
Atmospheric Administration to incorporate the map referred to in
paragraph (1) into the Marine Cadastre.
``(d) Assistance.--
``(1) In general.--The Secretary may make grants to, or enter
into contracts or cooperative agreements with, eligible entities to
implement a marine highway transportation project or a component of
such a project if the Secretary determines that the project or
component--
``(A) meets the criteria referred to in subsection
(b)(1)(A); and
``(B) develops, expands, or promotes--
``(i) marine highway transportation; or
``(ii) shipper use of marine highway transportation.
``(2) Application.--
``(A) In general.--To be eligible to receive a grant or to
enter into a contract or cooperative agreement under this
subsection, an eligible entity shall submit to the Secretary an
application in such form and manner, and at such time, as the
Secretary may require. Such an application shall include the
following:
``(i) A comprehensive description of--
``(I) the marine highway route to be served by the
marine highway transportation project;
``(II) the supporters of the marine highway
transportation project, which may include business
affiliations, private sector stakeholders, State
departments of transportation, metropolitan planning
organizations, municipalities, or other governmental
entities (including Tribal governments), as applicable;
``(III) the need for such project; and
``(IV) the performance measure for the marine
highway transportation project, such as volumes of
cargo or passengers moved, or contribution to
environmental mitigation, safety, reduced vehicle miles
traveled, or reduced maintenance and repair costs.
``(ii) A demonstration, to the satisfaction of the
Secretary, that--
``(I) the marine highway transportation project is
financially viable; and
``(II) the funds or other assistance provided under
this subsection will be spent or used efficiently and
effectively.
``(iii) Such other information as the Secretary may
require.
``(B) Pre-proposal.--
``(i) In general.--Prior to accepting a full
application under subparagraph (A), the Secretary may
require that an eligible entity first submit a pre-proposal
that contains a brief description of the item referred to
in clauses (i) through (iii) of such subparagraph.
``(ii) Feedback.--Not later than 30 days after
receiving a pre-proposal under clause (i) from an eligible
entity, the Secretary shall provide to the eligible entity
feedback to encourage or discourage the eligible entity
from submitting a full application. An eligible entity may
still submit a full application even if that eligible
entity is not encouraged to do so after submitting a pre-
proposal.
``(C) Prohibition.--The Secretary may not require separate
applications for project designation and for assistance under
this section.
``(D) Grant application feedback.--Following the award of
assistance under this subsection for a particular fiscal year,
the Secretary may provide feedback to an applicant to help such
applicant improve future applications if the feedback is
requested by that applicant.
``(3) Timing.--
``(A) Notice of funding opportunity.--The Secretary shall
post a notice of funding opportunity regarding grants,
contracts, or cooperative agreements under this subsection not
more than 60 days after the date of the enactment of the
appropriations Act for the fiscal year concerned.
``(B) Awarding of assistance.-- The Secretary shall award
grants, contracts, or cooperative agreements under this
subsection not later than 270 days after the date of the
enactment of the appropriations Act for the fiscal year
concerned.
``(4) Non-federal share.--
``(A) In general.--Except as provided in subparagraph (B),
not more than 80 percent of the funding for any project for
which funding is provided under this subsection may come from
Federal sources.
``(B) Tribal governments and rural areas.--The Secretary
may increase the Federal share of funding for the project to an
amount above 80 percent in the case of an award of assistance
under this subsection--
``(i) to an eligible entity that is a Tribal
government; or
``(ii) for a project located in a rural area.
``(5) Preference for financially viable projects.-- In awarding
grants or entering into contracts or cooperative agreements under
this subsection, the Secretary shall give a preference to a project
or component of a project that presents the most financially viable
transportation service and require the lowest percentage of Federal
share of the funding.
``(6) Treatment of unexpended funds.--Notwithstanding paragraph
(3)(B), amounts awarded under this subsection that are not expended
by the recipient within five years after obligation of funds or
that are returned shall remain available to the Secretary to make
grants and enter into contracts and cooperative agreements under
this subsection.
``(7) Conditions on provision of assistance.--The Secretary may
not provide assistance to an eligible entity under this subsection
unless the Secretary determines that--
``(A) sufficient funding is available to meet the non-
Federal share requirement under paragraph (4);
``(B) the marine highway project for which such assistance
is provided will be completed without unreasonable delay; and
``(C) the eligible entity has the authority to implement
the proposed marine highway project.
``(8) Prohibited uses.--Assistance provided under this
subsection may not be used--
``(A) to improve port or land-based infrastructure outside
the United States; or
``(B) unless the Secretary determines that such activities
are necessary to carry out the marine highway project for which
such assistance is provided, to raise sunken vessels, construct
buildings or other physical facilities, or acquire land.
``(9) Geographic distribution.--In making grants, contracts,
and cooperative agreements under this section the Secretary shall
take such measures so as to ensure an equitable geographic
distribution of funds.
``(10) Eligible entity.--In this subsection, the term `eligible
entity' means--
``(A) a State, a political subdivision of a State, or a
local government;
``(B) a United States metropolitan planning organization;
``(C) a United States port authority;
``(D) a Tribal government; or
``(E) a United States private sector operator of marine
highway projects or private sector owners of facilities,
including an Alaska Native Corporation, with an endorsement
letter from the requester of a marine highway route designation
or modification referred to in subsection (b)(1)(B).''.
(2) Clerical amendment.--The analysis for chapter 556 of title
46, United States Code, is amended by striking the item relating to
section 55601 and inserting the following:
``55601. United States marine highway program.''.
(b) Multistate, State, Tribal, and Regional Transportation
Planning.--
(1) In general.--Chapter 556 of title 46, United States Code,
is amended by inserting after section 55602 the following:
``Sec. 55603. Multistate, State, Tribal, and regional transportation
planning
``(a) In General.--The Secretary, in consultation with Federal
entities, State and local governments, Tribal governments, and
appropriate private sector entities, may develop strategies to
encourage the use of marine highway transportation for transportation
of passengers and cargo.
``(b) Strategies.--If the Secretary develops strategies under
subsection (a), the Secretary may--
``(1) assess the extent to which States, local governments, and
Tribal governments include marine highway transportation and other
marine transportation solutions in transportation planning;
``(2) encourage State and Tribal departments of transportation
to develop strategies, where appropriate, to incorporate marine
highway transportation, ferries, and other marine transportation
solutions for regional and interstate transport of freight and
passengers in transportation planning; and
``(3) encourage groups of States, Tribal governments, and
multistate transportation entities to determine how marine highways
can address congestion, bottlenecks, and other interstate
transportation challenges.''.
(2) Clerical amendment.--The analysis for chapter 556 of title
46, United States Code, is amended by striking the item relating to
section 55603 and inserting the following:
``55603. Multistate, State, Tribal, and regional transportation
planning.''.
(c) Research on Marine Highway Transportation.--Section 55604 of
title 46, United States Code, is amended--
(1) by redesignating paragraphs (1) through (3) as paragraphs
(3) through (5), respectively; and
(2) by inserting before paragraph (3), as redesignated by
paragraph (1), the following new paragraphs:
``(1) the economic effects of marine highway transportation on
the United States economy;
``(2) the effects of marine highway transportation, including
with respect to the provision of additional transportation options,
on rural areas;''.
(d) Definitions.--
(1) In general.--Section 55605 of title 46, United States Code,
is amended to read as follows: ``
``Sec. 55605. Definitions
``In this chapter:
``(1) The term `marine highway transportation' means the
carriage by a documented vessel of cargo (including such carriage
of cargo and passengers), if such cargo--
``(A) is--
``(i) contained in intermodal cargo containers and
loaded by crane on the vessel;
``(ii) loaded on the vessel by means of wheeled
technology, including roll-on roll-off cargo;
``(iii) shipped in discrete units or packages that are
handled individually, palletized, or unitized for purposes
of transportation;
``(iv) bulk, liquid, or loose cargo loaded in tanks,
holds, hoppers, or on deck; or
``(v) freight vehicles carried aboard commuter ferry
boats; and
``(B) is--
``(i) loaded at a port in the United States and
unloaded either at another port in the United States or at
a port in Canada or Mexico; or
``(ii) loaded at a port in Canada or Mexico and
unloaded at a port in the United States.
``(2) The term ``Tribal government'' means the recognized
governing body of any Indian or Alaska Native Tribe, band, nation,
pueblo, village, community, component band, or component
reservation, individually identified (including parenthetically) in
the list published most recently, as of the date of enactment of
the James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023, pursuant to section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5131).
``(3) The term `Alaska Native Corporation' has the meaning
given the term `Native Corporation' under section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).''.
(2) Clerical amendment.--The analysis for chapter 556 of title
46, United States Code, is amended by striking the item relating to
section 55605 and inserting the following:
``55605. Definitions.''.
(e) Report on Maritime Highway Transportation in Gulf of Mexico and
Puget Sound.--Not later than one year after the date of the enactment
of this Act, the Maritime Administrator shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science and Transportation of the Senate
a report on opportunities for maritime highway transportation, as that
term is defined section 55605(1) of title 46, United States Code, as
amended by this section, in the Gulf of Mexico, Puget Sound, and Salish
Sea System by vessels documented under chapter 121 of title 46, united
States Code.
(f) Deadline for Public Availability of Map.--Not later than 120
days after the date of the enactment of this Act, the Maritime
Administration shall make publicly available the map of marine highway
program routes required to be made publicly available under subsection
(c) of section 55601 of title 46, United States Code, as amended by
this section.
SEC. 3522. PORT INFRASTRUCTURE DEVELOPMENT GRANTS.
(a) In General.--In making port infrastructure development grants
under section 54301 of title 46, United States Code, for fiscal year
2023, the Secretary of Transportation shall treat a project described
in subsection (b) as an eligible project under section 54301(a)(3) of
such title for purposes of making grants under section 54301(a) of such
title.
(b) Project Described.--A project described in this subsection is a
project to provide shore power at a port that services--
(1) passenger vessels described in section 3507(k) of title 46,
United States Code; and
(2) vessels that move goods or freight.
SEC. 3523. PROJECT SELECTION CRITERIA FOR PORT INFRASTRUCTURE
DEVELOPMENT PROGRAM.
In making port infrastructure development grants under section
54301 of title 46, United States Code, for fiscal year 2023, in
considering the criteria under subparagraphs (A)(ii) and (B)(ii) of
paragraph (6) of subsection (a) with respect to a project described in
paragraph (3) of such subsection that is located in a noncontiguous
State or territory, the Secretary may take into account--
(1) the geographic isolation of the State or territory; and
(2) the economic dependence of the State or territory on the
proposed project.
SEC. 3524. INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE REPORT ON
STRATEGIC SEAPORTS.
In making port infrastructure development grants under section
54301 of title 46, United States Code, for fiscal year 2023, the
Secretary may consider infrastructure improvements identified in the
report on strategic seaports required by section 3515 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1985) that would improve the commercial operations of those
seaports.
SEC. 3525. GAO REVIEW OF GOVERNMENT EFFORTS TO PROMOTE GROWTH AND
MODERNIZATION OF UNITED STATES MERCHANT FLEET.
(a) Review.--The Comptroller General of the United States shall
conduct a review of the efforts of the United States Government to
promote the growth and modernization of the United States maritime
industry and the vessels of the United States, as defined in section
116 of title 46, United States Code, including the overall efficacy of
United States Government financial support and policies, including the
Capital Construction Fund, Construction Reserve Fund, and other
relevant loan, grant, or other programs.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that includes the results of a
review required under subsection (a).
SEC. 3526. GAO REVIEW OF FEDERAL EFFORTS TO ENHANCE PORT INFRASTRUCTURE
RESILIENCY AND DISASTER PREPAREDNESS.
(a) Review.--The Comptroller General of the United States shall
conduct a review of Federal efforts to assist ports in enhancing the
resiliency of key intermodal connectors to weather-related disasters.
The review shall include an analysis of the following:
(1) Actions being undertaken at various ports to better
identify critical land-side connectors that may be vulnerable to
disruption in the event of a natural disaster, including how to
communicate such information during a disaster when communications
systems may be compromised, and the level of Federal involvement in
such actions.
(2) The extent to which the Department of Transportation and
other Federal agencies are working in line with recent
recommendations from key resiliency reports, including the National
Academies of Science study on strengthening supply chain
resilience, to establish a framework for ports to follow to
increase resiliency to major weather-related disruptions before
such disruptions happen.
(3) The extent to which the Department of Transportation or
other Federal agencies have provided funds to ports for resiliency-
related projects.
(4) The extent to which Federal agencies have a coordinated
approach to helping ports and the multiple State, local, Tribal,
and private stakeholders involved, to improve resiliency prior to
weather-related disasters.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report containing the results of the review required
under subsection (a).
SEC. 3527. STUDY ON FOREIGN INVESTMENT IN SHIPPING.
(a) Assessment.--Subject to the availability of appropriations, the
Under Secretary of Commerce for International Trade (referred to in
this section as the ``Under Secretary''), in coordination with the
Maritime Administrator, the Commissioner of the Federal Maritime
Commission, and the heads of other relevant agencies, shall conduct an
assessment of subsidies, indirect state support, and other financial
infrastructure or benefits provided by foreign states that control more
than one percent of the world merchant fleet to entities or individuals
building, owning, chartering, operating, or financing vessels not
documented under the laws of the United States that are engaged in
foreign commerce.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Under Secretary shall submit to the
appropriate committees of Congress, as defined in section 3515(e), a
report on the assessment conducted under subsection (a). Such report
shall include--
(1) the amount, in United States dollars, of subsidies,
indirect state support, and other financial infrastructure or
benefits provided by a foreign state described in subsection (a)
to--
(A) the shipping industry of each country as a whole;
(B) the shipping industry as a percent of gross domestic
product of each country; and
(C) each ship on average, by ship type for cargo, tanker,
and bulk;
(2) the amount, in United States dollars, of subsidies,
indirect state support, and other financial infrastructure or
benefits provided by a foreign state described in subsection (a) to
the shipping industry of another foreign state, including favorable
financial arrangements for ship construction;
(3) a description of the shipping industry activities of state-
owned enterprises of a foreign state described in subsection (a);
(4) a description of the type of support provided by a foreign
state described in subsection (a), including tax relief, direct
payment, indirect support of state-controlled financial entities,
or other such support, as determined by the Under Secretary; and
(5) a description of how the subsidies provided by a foreign
state described in subsection (a) may be disadvantaging the
competitiveness of vessels documented under the laws of the United
States that are engaged in foreign commerce and the national
security of the United States.
(c) Definitions.--In this section:
(1) The term ``foreign commerce'' means--
(A) commerce or trade between the United States, its
territories or possessions, or the District of Columbia, and a
foreign country;
(B) commerce or trade between foreign countries; or
(C) commerce or trade within a foreign country.
(2) The term ``foreign state'' has the meaning given the term
in section 1603(a) of title 28, United States Code.
(3) The term ``shipping industry'' means the construction,
ownership, chartering, operation, or financing of vessels engaged
in foreign commerce.
SEC. 3528. REPORT ON ALTERNATE MARINE FUEL BUNKERING FACILITIES AT
PORTS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Maritime Administrator shall make publicly
available on an appropriate website a report on the necessary port-
related infrastructure needed to support bunkering facilities for
liquefied natural gas, hydrogen, ammonia, or other new marine fuels
under development.
(b) Contents.--The report required under subsection (a) shall
include--
(1) information about the existing United States
infrastructure, in particular the storage facilities, bunkering
vessels, and transfer systems to support bunkering facilities for
liquefied natural gas, hydrogen, ammonia, or other new marine fuels
under development;
(2) a review of the needed upgrades to United States
infrastructure, including storage facilities, bunkering vessels,
and transfer systems, to support bunkering facilities for liquefied
natural gas, hydrogen, ammonia, or other new marine fuels under
development;
(3) an assessment of the estimated Government investment in
this infrastructure and the duration of that investment; and
(4) in consultation with the heads of other relevant Federal
agencies, information on the relevant Federal agencies that would
oversee the permitting and construction of bunkering facilities for
liquefied natural gas, hydrogen, ammonia, or other new marine
fuels, as well as the Federal funding grants or formula programs
that could be used for such marine fuels.
SEC. 3529. STUDY OF CYBERSECURITY AND NATIONAL SECURITY THREATS POSED
BY FOREIGN MANUFACTURED CRANES AT UNITED STATES PORTS.
(a) Study.--The Maritime Administrator, in consultation with the
Secretary of Homeland Security, the Secretary of Defense, and the
Director of the Cybersecurity and Infrastructure Security Agency, shall
conduct a study to assess whether there are cybersecurity or national
security threats posed by foreign manufactured cranes at United States
ports.
(b) Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Maritime Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Armed Services of the Senate, the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Armed Services of
the House of Representatives a report containing the results of the
study required under subsection (a).
(2) Form of report.--The report required under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
Subtitle D--Maritime Workforce
SEC. 3531. IMPROVING PROTECTIONS FOR MIDSHIPMEN.
(a) Supporting the United States Merchant Marine Academy.--Chapter
513 of title 46, United States Code, is amended by adding at the end
the following:
``Sec. 51325. Sexual assault and sexual harassment prevention
information management system
``(a) Information Management System.--
``(1) In general.--Not later than January 1, 2023, the Maritime
Administrator shall establish within the United States Merchant
Marine Academy Sexual Assault prevention and Response Program, an
information management system to track and maintain, in such a
manner that patterns can be reasonably identified, information
regarding claims and incidents involving cadets that are reportable
pursuant to subsection (d) of section 51318 of this chapter.
``(2) Information maintained in the system.--Information
maintained in the system established under paragraph (1) shall
include the following information, to the extent that information
is available:
``(A) The overall number of sexual assault or sexual
harassment incidents per fiscal year.
``(B) The location of each such incident, including vessel
name and the name of the company operating the vessel, if
applicable.
``(C) The standardized job title or position of the
individuals involved in each such incident.
``(D) The general nature of each such incident, to include
copies of any associated reports completed on the incidents.
``(E) The type of inquiry made into each such incident.
``(F) A record of whether each such incident was
substantiated by the relevant investigative process.
``(3) Past information included.--The information management
system under this section shall include the relevant data listed in
this subsection related to sexual assault and sexual harassment
that the Maritime Administrator possesses, and shall not be limited
to data collected after January 1, 2023.
``(4) Privacy protections.--The Maritime Administrator and the
Chief Information Officer of the Department of Transportation shall
coordinate to ensure that the information management system under
this section shall--
``(A) be established and maintained in a secure fashion to
ensure the protection of the privacy of any individuals whose
information is entered in such system; and
``(B) be free of personally identifiable information and
maintain only the data required to satisfy the statistical
purpose of such system.
``(5) Cybersecurity audit.--Ninety days after the
implementation of the information management system, the Office of
Inspector General of the Department of Transportation shall
commence an audit of the cybersecurity of the system and shall
submit a report containing the results of that audit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House
of Representatives.
``(6) Correcting records.--In establishing the information
management system, the Maritime Administrator shall create a
process to ensure that if any incident report results in a final
agency action or final judgement that acquits an individual of
wrongdoing, all personally identifiable information about the
acquitted individual is removed from that incident report in the
system.
``(b) Sea Year Program.--The Maritime Administrator shall provide
for the establishment of in-person and virtual confidential exit
interviews, to be conducted by personnel who are not involved in the
assignment of the midshipmen to a Sea Year vessel, for midshipmen from
the Academy upon completion of Sea Year and following completion by the
midshipmen of the survey under section 51322(d).
``(c) Data-informed Decisionmaking.--The data maintained in the
data management system under subsection (a) and through the exit
interviews under subsection (b) shall be affirmatively referenced and
used to inform the creation of new policy or regulation, or changes to
any existing policy or regulation, in the areas of sexual harassment,
dating violence, domestic violence, sexual assault, and stalking.
``Sec. 51326. Student advisory board at the United States Merchant
Marine Academy
``(a) In General.--The Maritime Administrator shall establish at
the United States Merchant Marine Academy an advisory board to be known
as the Advisory Board to the Secretary of Transportation (referred to
in this section as the `Advisory Board').
``(b) Membership.--The Advisory Board shall be composed of not
fewer than 12 midshipmen of the Merchant Marine Academy who are
enrolled at the Merchant Marine Academy at the time of the appointment,
including not fewer than 3 cadets from each class.
``(c) Appointment; Term.--Midshipmen shall serve on the Advisory
Board pursuant to appointment by the Maritime Administrator.
Appointments shall be made not later than 60 days after the date of the
swearing in of a new class of midshipmen at the Academy. The term of
membership of a midshipmen on the Advisory Board shall be 1 academic
year.
``(d) Reappointment.--The Maritime Administrator may reappoint not
more than 6 cadets from the previous term to serve on the Advisory
Board for an additional academic year if the Maritime Administrator
determines such reappointment to be in the best interests of the
Merchant Marine Academy.
``(e) Meetings.--The Advisory Board shall meet with the Secretary
of Transportation not less than once each academic year to discuss the
activities of the Advisory Board. The Advisory Board shall meet in
person with the Maritime Administrator not less than 2 times each
academic year to discuss the activities of the Advisory Board.
``(f) Duties.--The Advisory Board shall--
``(1) identify health and wellbeing, diversity, and sexual
assault and harassment challenges and other topics considered
important by the Advisory Board facing midshipmen at the Merchant
Marine Academy, off campus, and while aboard ships during Sea Year
or other training opportunities;
``(2) discuss and propose possible solutions, including
improvements to culture and leadership development at the Merchant
Marine Academy; and
``(3) periodically review the efficacy of the program in
section 51325(b), as appropriate, and provide recommendations to
the Maritime Administrator for improvement.
``(g) Working Groups.--The Advisory Board may establish one or more
working groups to assist the Advisory Board in carrying out its duties,
including working groups composed in part of midshipmen at the Merchant
Marine Academy who are not current members of the Advisory Board.
``(h) Reports and Briefings.--The Advisory Board shall regularly
provide the Secretary of Transportation and the Maritime Administrator
reports and briefings on the results of its duties, including
recommendations for actions to be taken in light of such results. Such
reports and briefings may be provided in writing, in person, or both.
``Sec. 51327. Sexual Assault Advisory Council
``(a) Establishment.--The Secretary of Transportation shall
establish a Sexual Assault Advisory Council (in this section referred
to as the `Council').
``(b) Membership.--
``(1) In general.--The Council shall be composed of not fewer
than 8 and not more than 14 individuals selected by the Secretary
of Transportation who are alumni that have graduated within the
last 4 years or current midshipmen of the United States Merchant
Marine Academy (including midshipmen or alumni who were victims of
sexual assault, to the maximum extent practicable, and midshipmen
or alumni who were not victims of sexual assault) and governmental
and nongovernmental experts and professionals in the sexual assault
field.
``(2) Experts included.--The Council shall include--
``(A) not less than 1 member who is licensed in the field
of mental health and has prior experience working as a
counselor or therapist providing mental health care to
survivors of sexual assault in a victim services agency or
organization; and
``(B) not less than 1 member who has prior experience
developing or implementing sexual assault or sexual harassment
prevention and response policies in an academic setting.
``(3) Rules regarding membership.--No employee of the
Department of Transportation shall be a member of the Council. The
number of governmental experts appointed to the Council shall not
exceed the number of nongovernmental experts.
``(c) Duties; Authorized Activities.--
``(1) In general.--The Council shall meet not less often than
semiannually to--
``(A) review--
``(i) the policies on sexual harassment, dating
violence, domestic violence, sexual assault, and stalking
under section 51318 of this title;
``(ii) the trends and patterns of data contained in the
system described under section 51325 of this title; and
``(iii) related matters the Council views as
appropriate; and
``(B) develop recommendations designed to ensure that such
policies and such matters conform, to the extent practicable,
to best practices in the field of sexual assault and sexual
harassment response and prevention.
``(2) Authorized activities.--To carry out this subsection, the
Council may--
``(A) interview current and former midshipmen of the United
States Merchant Marine Academy (to the extent that such
midshipmen provide the Department of Transportation express
consent to be interviewed by the Council); and
``(B) review surveys under section 51322(d).
``(3) Personally identifiable information.--In carrying out
this subsection, the Council shall comply with the obligations of
the Department of Transportation to protect personally identifiable
information.
``(d) Reports.--On an annual basis for each of the 5 years after
the date of enactment of this section, and at the discretion of the
Council thereafter, the Council shall submit, to the President and the
Committee on Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives, a report on the Council's findings based on the
reviews conducted pursuant to subsection (c) and related
recommendations.
``(e) Employee Status.--Members of the Council shall not be
considered employees of the United States Government for any purpose
and shall not receive compensation other than reimbursement of travel
expenses and per diem allowance in accordance with section 5703 of
title 5.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Council.
``Sec. 51328. Student support
``The Maritime Administrator shall--
``(1) require a biannual survey of midshipmen, faculty, and
staff of the Academy assessing the environment of the Academy; and
``(2) require an annual survey of faculty and staff of the
Academy assessing the Sea Year program.''.
(b) Report to Congress.--Not later than 30 days after the date of
enactment of this section, the Maritime Administrator shall provide
Congress with a briefing on the resources necessary to properly
implement section 51328 of title 46, United States Code, as added by
this section.
(c) Conforming Amendments.--The chapter analysis for chapter 513 of
title 46, United States Code, is amended by adding at the end the
following:
``51325. Sexual assault and sexual harassment prevention information
management system.
``51326. Student advisory board at the United States Merchant Marine
Academy.
``51327. Sexual Assault Advisory Council.
``51328. Student support.''.
(d) United States Merchant Marine Academy Student Support Plan.--
(1) Student support plan.--Not later than January 1, 2023, the
Maritime Administrator shall issue a Student Support Plan for the
United States Merchant Marine Academy, in consultation with
relevant mental health professionals in the Federal Government or
experienced with the maritime industry or related industries. Such
plan shall--
(A) address the mental health resources available to
midshipmen, both on-campus and during Sea Year;
(B) establish a tracking system for suicidal ideations and
suicide attempts of midshipmen, which excludes personally
identifiable information;
(C) create an option for midshipmen to obtain assistance
from a professional care provider virtually; and
(D) require an annual survey of faculty and staff assessing
the adequacy of mental health resources for midshipmen of the
Academy, both on campus and during Sea Year.
(2) Report to congress.--Not later than 30 days after the date
of enactment of this section, the Maritime Administrator shall
provide Congress with a report on the resources necessary to
properly implement this subsection.
(e) Special Victims Advisor.--Section 51319 of title 46, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Special Victims Advisor.--
``(1) In general.--The Secretary shall designate an attorney
(to be known as the `Special Victims Advisor') for the purpose of
providing legal assistance to any cadet of the Academy who is the
victim of an alleged sex-related offense regarding administrative
and criminal proceedings related to such offense, regardless of
whether the report of that offense is restricted or unrestricted.
``(2) Special victims advisory.--The Secretary shall ensure
that the attorney designated as the Special Victims Advisor has
knowledge of the Uniform Code of Military Justice, as well as
criminal and civil law.
``(3) Privileged communications.--Any communications between a
victim of an alleged sex-related offense and the Special Victim
Advisor, when acting in their capacity as such, shall have the same
protection that applicable law provides for confidential attorney-
client communications.''; and
(3) by adding at the end the following:
``(e) Unfilled Vacancies.--The Administrator of the Maritime
Administration may appoint qualified candidates to positions under
subsections (a) and (d) of this section without regard to sections 3309
through 3319 of title 5.''.
(f) Catch a Serial Offender Assessment.--
(1) Assessment.--Not later than one year after the date of
enactment of this section, the Commandant of the Coast Guard, in
coordination with the Maritime Administrator, shall conduct an
assessment of the feasibility and process necessary, and
appropriate responsible entities to establish a program for the
United States Merchant Marine Academy and United States Merchant
Marine modeled on the Catch a Serial Offender program of the
Department of Defense using the information management system
required under subsection (a) of section 51325 of title 46, United
States Code, and the exit interviews under subsection (b) of such
section.
(2) Legislative change proposals.--If, as a result of the
assessment required by paragraph (1), the Commandant or the
Administrator determines that additional authority is necessary to
implement the program described in paragraph (1), the Commandant or
the Administrator, as applicable, shall provide appropriate
legislative change proposals to Congress.
(g) Shipboard Training.--Section 51322(a) of title 46, United
States Code, is amended by adding at the end the following:
``(3) Training.--
``(A) In general.--As part of training that shall be
provided not less than semiannually to all midshipmen of the
Academy, pursuant to section 51318, the Maritime Administrator
shall develop and implement comprehensive in-person sexual
assault risk-reduction and response training that, to the
extent practicable, conforms to best practices in the sexual
assault prevention and response field and includes appropriate
scenario-based training.
``(B) Development and consultation with experts.--In
developing the sexual assault risk-reduction and response
training under subparagraph (A), the Maritime Administrator
shall consult with and incorporate, as appropriate, the
recommendations and views of experts in the sexual assault
field.''.
SEC. 3532. MARITIME TECHNICAL ADVANCEMENT ACT.
(a) In General.--Section 51706 of title 46, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Designation.--The Secretary of Transportation may designate
as a center of excellence for domestic maritime workforce training and
education an entity which is a covered training entity.'';
(2) by striking subsection (b) and inserting the following:
``(b) Grant Program.--
``(1) In general.--The Secretary may award a maritime career
training grant to a center of excellence designated under
subsection (a) for the purpose of developing, offering, or
improving career and technical education or training programs
related to the United States maritime industry for United States
workers.
``(2) Grant proposal.--To be eligible to receive a grant under
this subsection, a center of excellence designated under subsection
(a) shall submit to the Secretary a grant proposal that includes a
detailed description of--
``(A) the specific project proposed to be funded by the
grant, including a description of the manner in which the grant
will be used to develop, offer, or improve a career and
technical education or training program that is suited to
United States maritime industry workers;
``(B) the extent to which the project for which the grant
proposal is submitted will meet the educational or career
training needs of United States maritime industry workers;
``(C) any previous experience of the center of excellence
in providing United States maritime industry career and
technical education or training programs;
``(D) how the project proposed to be funded by the grant
would address shortcomings in existing educational or career
training opportunities available to United States maritime
industry workers; and
``(E) the extent to which employers, including small and
medium-sized firms, have demonstrated a commitment to employing
United States maritime industry workers who would benefit from
the project for which the grant proposal is submitted.
``(3) Criteria for award of grants.--Subject to the
appropriation of funds to carry out this section, the Secretary
shall award grants under this subsection to centers of excellence
based on--
``(A) an determination of the merits of a grant proposal
submitted under paragraph (2) to develop, offer, or improve
career and technical education or training programs to be made
available to United States maritime industry workers;
``(B) an evaluation of the likely employment opportunities
available to United States maritime industry workers who
complete a maritime career and technical education or training
program that a center proposes to develop, offer, or improve;
and
``(C) an evaluation of prior demand for training programs
by workers served by centers of excellence designated under
subsection (a), as well as the availability and capacity of
existing maritime training programs to meet future demand for
training programs.
``(4) Competitive awards.--
``(A) In general.--The Secretary shall award grants under
this subsection to centers of excellence designated under
subsection (a) on a competitive basis.
``(B) Timing of grant notice.--The Secretary shall post a
Notice of Funding Opportunity regarding grants awarded under
this subsection not more than 90 days after the date of the
enactment of the appropriations Act for the fiscal year
concerned.
``(C) Timing of grants.--The Secretary shall award grants
under this subsection not later than 270 days after the date of
the enactment of the appropriations Act for the fiscal year
concerned.
``(D) Reuse of unexpended grant funds.--Notwithstanding
subparagraph (C), amounts awarded as a grant under this
subsection that are not expended by the grantee shall remain
available to the Secretary for use for grants under this
subsection.
``(E) Administrative costs.--Not more than 3 percent of
amounts made available to carry out this subsection may be used
for the necessary costs of grant administration.
``(F) Prohibited use.--A center of excellence designated
under subsection (a) that has received funds awarded under
section 54101(a)(2) for training purposes for a fiscal year
shall not be eligible for grants under this subsection during
the same fiscal year.''; and
(3) in subsection (c)--
(A) by striking paragraph (1) and inserting the following:
``(1) Covered training entity.--The term `covered training
entity' means an entity that--
``(A) is located in a State that borders on the--
``(i) Gulf of Mexico;
``(ii) Atlantic Ocean;
``(iii) Long Island Sound;
``(iv) Pacific Ocean;
``(v) Great Lakes; or
``(vi) Mississippi River System;
``(B) is--
``(i) a postsecondary educational institution (as such
term is defined in section 3(39) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2302));
``(ii) a postsecondary vocational institution (as such
term is defined in section 102(c) of the Higher Education
Act of 1965 (20 U.S.C. 1002(c));
``(iii) a public or private nonprofit entity that
offers one or more other structured experiential learning
training programs for United States workers in the United
States maritime industry, including a program that is
offered by a labor organization or conducted in partnership
with a nonprofit organization or one or more employers in
the United States maritime industry;
``(iv) an entity sponsoring an apprenticeship program
registered with the Office of Apprenticeship of the
Employment and Training Administration of the Department of
Labor or a State apprenticeship agency recognized by the
Office of Apprenticeship pursuant to the Act of August 16,
1937 (commonly known as the `National Apprenticeship Act';
50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); or
``(v) a maritime training center designated prior to
the date of enactment of the National Defense Authorization
Act for Fiscal Year 2023; and
``(C) has a demonstrated record of success in maritime
workforce training and education.''; and
(B) by adding at the end the following:
``(3) Career and technical education.--The term `career and
technical education' has the meaning given such term in section
3(5) of the Carl D. Perkins Career and Technical Education Act (20
U.S.C. 2302).
``(4) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(5) Training program.--The term `training program' means a
program that provides training services, as described in section
134(c)(3)(D) of the Workforce Innovation and Opportunity Act
(Public Law 113-128; 29 U.S.C. 3174).
``(6) United states maritime industry.--The term `United States
maritime industry' means the design, construction, repair,
operation, manning, and supply of vessels in all segments of the
maritime transportation system of the United States, including--
``(A) the domestic and foreign trade;
``(B) the coastal, offshore, and inland trade;
``(C) non-commercial maritime activities, including--
``(i) recreational boating; and
``(ii) oceanographic and limnological research as
described in section 2101(24).''.
(b) Publicly Available Report.--Not later than December 15 in each
of calendar years 2022 through 2024, the Secretary of Transportation
shall make publicly available on an appropriate website a report, and
provide to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a briefing, on the implementation of the
amendments under this section. Such report and briefing shall include--
(1) a description of each grant awarded under subsection (b) of
section 51706 of title 46, United States Code, as amended by
subsection (a), during the fiscal year preceding the fiscal year
during which the report is submitted; and
(2) an assessment of the effects of each such grant under this
subsection on workers who received training provided pursuant to
the grant during the fiscal year preceding the fiscal year during
which the report was submitted.
(c) Guidelines.--Not later than one year after the date of
enactment of this Act, the Secretary of Transportation shall--
(1) prescribe guidelines for the submission of grant proposals
under section 51706(b) of title 46, United States Code, as amended
by subsection (a); and
(2) publish and maintain such guidelines on the website of the
Department of Transportation.
(d) Assistance for Small Shipyards.--Section 54101(e) of title 46,
United States Code, is amended by striking paragraph (2) and inserting
the following:
``(2) Allocation of funds.--
``(A) In general.--The Administrator may not award more
than 25 percent of the funds made available to carry out this
section for any fiscal year to any small shipyard in one
geographic location that has more than 600 employees.
``(B) Ineligibility.--A maritime training center that has
received funds awarded under section 51706 of title 46, United
States Code, shall not be eligible for grants under this
subsection for training purposes in the same fiscal year.''.
SEC. 3533. ENSURING DIVERSE MARINER RECRUITMENT.
Not later than six months after the date of the enactment of this
Act, the Secretary of Transportation shall develop and deliver to
Congress a strategy to assist State maritime academies and the United
States Merchant Marine Academy in improving the representation in the
next generation of the mariner workforce of women and underrepresented
communities, including each of the following:
(1) Black and African American.
(2) Hispanic and Latino.
(3) Asian.
(4) American Indian, Alaska Native, and Native Hawaiian.
(5) Pacific Islander.
SEC. 3534. LOW EMISSIONS VESSELS TRAINING.
(a) Development of Strategy.--The Secretary of Transportation, in
consultation with the United States Merchant Marine Academy, State
maritime academies, civilian nautical schools, and the Secretary of the
department in which Coast Guard is operating, shall develop a strategy
to ensure there is an adequate supply of trained United States citizen
mariners sufficient to meet the operational requirements of low and
zero emission vessels. Implementation of the strategy shall aim to
increase the supply of trained United States citizen mariners
sufficient to meet the needs of the maritime industry and ensure
continued investment in training for mariners serving on conventional
fuel vessels.
(b) Report.--Not later than six months after the date the Secretary
of Transportation determines that there is commercially viable
technology for low and zero emission vessels, the Secretary of
Transportation shall--
(1) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the
strategy developed under subsection (a) and plans for its
implementation; and
(2) make such report publicly available.
Subtitle E--Other Matters
SEC. 3541. WAIVER OF NAVIGATION AND VESSEL INSPECTION LAWS.
Section 501 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--Upon a determination by the President that a
waiver of the navigation or vessel-inspection laws is necessary in
the interest of national defense, the head of an agency responsible
for the administration of such laws, may waive compliance with such
laws--
``(A) following a determination in accordance with the
requirements of paragraph (3) by the Maritime Administrator,
acting in the Administrator's capacity as Director, National
Shipping Authority, of the non-availability of qualified United
States flag capacity to meet national defense requirements;
``(B) not earlier than 48 hours after a waiver request is
published under paragraph (6)(A); and
``(C) on a vessel specific basis to the extent, in the
manner, and on the terms the head of such agency, in
consultation with the Administrator, acting in such capacity,
prescribes.'';
(B) in paragraph (2)(B) by striking ``determinations
referred to in paragraph (1)'' and inserting ``determination
referred to in paragraph (1)(A)'';
(C) in paragraph (3) by striking subparagraph (A) and
inserting the following:
``(A) for each determination referred to in paragraph
(1)(A)--
``(i) identify any actions that could be taken to
enable qualified United States flag capacity to meet
national defense requirements prior to the issuance of a
waiver; and
``(ii) not assess the non-availability of qualified
United States flag capacity to meet national defense
requirements retrospectively after the date on which a
waiver is requested;''; and
(D) by adding at the end the following:
``(5) Prospective application.--No waiver shall be issued for a
vessel if, at the time of the waiver request under this section,
such vessel is laden with merchandise that, pursuant to the
requested waiver, could be unladen at points or places to which the
coastwise laws apply.
``(6) Publication requirements.--
``(A) Publication of waiver requests.--Upon receiving a
request for a waiver under this subsection, the head of an
agency referred to in paragraph (1) shall publish such request
on the website of such agency.
``(B) Publication of waiver denial.--Not later than 48
hours after denying a waiver requested under this subsection,
the head of an agency referred to in paragraph (1) shall
publish on the website of such agency an explanation for
denying such waiver, including applicable findings to support
the denial.''; and
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A) by inserting
``and the individual requesting such waiver (if not the owner
or operator of the vessel)'' before ``shall submit'';
(B) in subparagraph (C) by striking ``and'' at the end;
(C) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (G), respectively;
(D) by inserting after subparagraph (A) the following:
``(B) the name of the owner and operator of the vessel;'';
and
(E) by inserting after subparagraph (D), as so
redesignated, the following:
``(E) a description of the cargo carried;
``(F) an explanation as to why the waiver was in the
interest of national defense; and''.
SEC. 3542. NATIONAL MARITIME STRATEGY.
(a) Study to Inform a National Maritime Strategy.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Transportation and the
Secretary of the department in which the Coast Guard is operating
shall seek to enter into an agreement with a studies and analysis
federally funded research and development center under which such
center shall conduct a study to identify the key elements needed
for a national maritime strategy that is designed to--
(A) achieve the objectives described in section 50101 of
title 46, United States Code; and
(B) ensure--
(i) a capable, commercially viable, militarily useful
fleet of a sufficient number of merchant vessels documented
under chapter 121 of title 46, United States Code;
(ii) a robust United States mariner workforce, as
described in section 50101 of title 46, United States Code;
(iii) strong United States domestic shipbuilding
infrastructure, and related shipbuilding trades amongst
skilled workers in the United States; and
(iv) that the Navy Fleet Auxiliary Force, the National
Defense Reserve Fleet, the Military Sealift Command, the
Maritime Security Program under chapter 531 of title 46,
United States Code, the Cable Security Program under
chapter 532 of title 46, United States Code, and the Tanker
Security Program under chapter 534 of title 46, United
States Code currently meet the economic and national
security needs of the United States and would reliably
continue to meet those needs under future economic or
national security emergencies.
(2) Deadline for completion.--An agreement entered into
pursuant to paragraph (1) shall specify that the federally funded
research and development center shall complete the study by not
later than one year after the date of the enactment of this Act.
(3) Input.--An agreement entered into pursuant to paragraph (1)
shall specify that, in carrying out the study, the federally funded
research and development center shall solicit input from--
(A) relevant Federal departments and agencies;
(B) nongovernmental organizations;
(C) United States companies;
(D) maritime labor organizations;
(E) commercial industries that depend on United States
mariners;
(F) domestic shipyards regarding shipbuilding and repair
capacity, and the associated skilled workforce, such as the
workforce required for transportation, offshore wind, fishing,
and aquaculture;
(G) providers of maritime workforce training; and
(H) any other relevant organizations.
(4) Requirements of agreement.--An agreement entered into
pursuant to paragraph (1) shall specify that, in carrying out the
study, the federally funded research and development center shall
consult with the Secretary of Transportation, the Secretary of
Defense, the Secretary of the Department in which the Coast Guard
is operating, the Adminstrator of the National Oceanic and
Atmospheric Administration, and the heads of other relevant Federal
agencies, in the identification and evaluation of--
(A) incentives, including regulatory changes, needed to
continue to meet the shipbuilding and ship maintenance needs of
the United States for commercial and national security
purposes, including through a review of--
(i) the loans and guarantees program carried out under
chapter 537 of title 46, United States Code, and how the
development of new offshore commercial industries, such as
wind energy, could be supported through modification of
such program or other Federal programs, and thus also
support the United States sealift in the future;
(ii) the barriers to participation in the loans and
guarantees program carried out under chapter 537 of title
46, United States Code, and how the program may be improved
to facilitate additional shipbuilding activities in the
United States;
(iii) the needed resources, human and financial, for
such incentives; and
(iv) the current and anticipated number of shipbuilding
and ship maintenance contracts at United States shipyards
through 2032, to the extent practicable;
(B) incentives, including regulatory changes, needed to
maintain a commercially viable United States-documented fleet,
including--
(i) an examination of how the preferences under section
2631 of title 10, United States Code, and chapters 531,
532, 534, and 553 of title 46, United States Code, should
be used to further maintain and grow a United States-
documented fleet;
(ii) an identification of other incentives that could
be used that may not be authorized at the time of the
study;
(iii) an estimate of the number and type of commercial
ships needed over the next 30 years; and
(iv) estimates of the needed human and financial
resources for such incentives;
(C) the availability of United States mariners, and future
needs, including--
(i) the number of mariners needed for the United States
commercial and national security needs over the next 30
years;
(ii) the policies and programs (at the time of the
study) to recruit, train, and retain United States mariners
to support the United States maritime workforce needs
during peace time and at war;
(iii) how those programs could be improved to grow the
number of maritime workers trained each year, including how
potential collaboration between the uniformed services, the
United States Merchant Marine Academy, State maritime
academies, maritime labor training centers, and the Centers
of Excellence for Domestic Maritime Workforce Training
under section 51706 of title 46, United States Code, could
be used most effectively; and
(iv) estimates of the necessary resources, human and
financial, to implement such programs in each relevant
Federal agency over the next 30 years; and
(D) the interaction among the elements described under
subparagraphs (A) through (C).
(5) Public availability.--The Secretary of Transportation shall
make publicly available on a website of the Department of
Transportation a study completed pursuant to paragraph (1).
(b) National Maritime Strategy.--
(1) In general.--Chapter 501 of title 46, United States Code,
is amended by inserting after section 50113 the following new
section:
``Sec. 50114. National maritime strategy
``(a) In General.--The Secretary of Transportation, in consultation
with the Secretary of the department in which the Coast Guard is
operating and the Commander of United States Transportation Command,
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate--
``(1) a national maritime strategy; and
``(2) not less often than once every five years after the
submission of such strategy, an update to the strategy.
``(b) Contents.--The strategy required under subsection (a) shall
include each of the following:
``(1) An identification of--
``(A) international policies and Federal regulations and
policies that reduce the competitiveness of United States-
documented vessels with foreign vessels in domestic and
international transportation markets; and
``(B) the impact of reduced cargo flow due to reductions in
the number of members of the United States Armed Forces
stationed or deployed outside of the United States.
``(2) Recommendations to--
``(A) make United States-documented vessels more
competitive in shipping routes between United States and
foreign ports;
``(B) increase the use of United States-documented vessels
to carry cargo imported to and exported from the United States;
``(C) ensure compliance by Federal agencies with chapter
553;
``(D) increase the use of short sea transportation routes,
including routes designated under section 55601(b), to enhance
intermodal freight movements;
``(E) enhance United States shipbuilding capability;
``(F) invest in, and identify gaps in, infrastructure
needed to facilitate the movement of goods at ports and
throughout the transportation system, including innovative
physical and information technologies;
``(G) enhance workforce training and recruitment for the
maritime workforce, including training on innovative physical
and information technologies;
``(H) increase the resilience of ports and the marine
transportation system;
``(I) increase the carriage of government-impelled cargo on
United States-documented vessels pursuant to chapter 553 of
title 46, section 2631 of title 10, or otherwise; and
``(J) maximize the cost effectiveness of Federal funding
for carriage of non-defense government impelled cargo for the
purposes of maintaining a United States flag fleet for national
and economic security.
``(c) Update.--Upon the release of a strategy or update under
subsection (a), the Secretary of Transportation shall make such
strategy or update publicly available on the website of the Department
of Transportation.
``(d) Implementation Plan.--Not later than six months after the
submission of a strategy or update under subsection (a), the Secretary
of Transportation, in consultation with the Secretary of the department
in which the Coast Guard is operating and the Secretary of Defense,
shall make publicly available on an appropriate website an
implementation plan for such strategy or update.''.
(2) Conforming repeals; deadline.--
(A) Rescission of superceded strategy.--Effective on the
date on which the Secretary of Transportation submits the
national maritime strategy under section 50114(a)(1) of title
46, United States Code, as added by paragraph (1)--
(i) the national maritime strategy prepared pursuant to
section 603 of the Howard Coble Coast Guard and Maritime
Transportation Act of 2014 (Public Law 113-281) is
rescinded; and
(ii) section 603 of the Howard Coble Coast Guard and
Maritime Transportation Act of 2014 (Public Law 113-281) is
repealed.
(B) Deadline for submission of strategy.--The Secretary
shall submit the national maritime strategy required under
section 50114(a)(1) of title 46, United States Code, as added
by paragraph (1), not later than six months after the date on
which the Secretary receives the study under subsection (a).
(3) Clerical amendment.--The analysis for chapter 501 of title
46, United States Code, is amended by inserting after the item
relating to section 50113 the following new item:
``50114. National maritime strategy.''.
SEC. 3543. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--Section 50307 of title 46, United States Code, is
amended--
(1) by striking the subsection (a) enumerator and all that
follows through ``Transportation'' and inserting the following:
``(a) Emerging Marine Technologies and Practices.--
``(1) In general.--The Secretary of Transportation'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively and adjusting the
margins accordingly; and
(ii) in clause (iv), as redesignated by clause (i), by
striking ``propeller cavitation'' and inserting
``incidental vessel-generated underwater noise, such as
noise from propeller cavitation or hydrodynamic flow'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively and adjusting the
margins accordingly;
(3) in subsection (c), by redesignating paragraphs (1) and (2)
as subparagraphs (A) and (B), respectively and adjusting the
margins accordingly;
(4) by redesignating subsections (b) through (d) as paragraphs
(2) through (4), respectively and adjusting the margins
accordingly;
(5) by redesignating subsection (e) as subsection (b);
(6) by striking subsection (f);
(7) in subsection (a)--
(A) in paragraph (1), as designated under paragraph (1) of
this section--
(i) by inserting ``or support'' after ``engage in'';
(ii) by striking ``the use of public'' and all that
follows through the end of the sentence and inserting
``eligible entities.'';
(B) in paragraph (2), as redesignated under paragraph (4)
of this section--
(i) by striking ``this section'' and inserting ``this
subsection'';
(ii) by striking ``or improve'' and inserting
``improve, or support efforts related to,'';
(C) in paragraph (3), as redesignated by paragraph (4) of
this section, by striking ``under subsection (b)(2) may
include'' and inserting ``with other Federal agencies or with
State, local, or Tribal governments, as appropriate, under
paragraph (2)(B) may include'';
(D) in paragraph (4), as redesignated by paragraph (4) of
this section--
(i) by striking ``academic, public, private, and
nongovernmental entities and facilities'' and inserting
``eligible entities''; and
(ii) by striking ``subsection (a)'' and inserting
``this subsection''; and
(E) by adding at the end the following:
``(5) Grants.--Subject to the availability of appropriations,
the Maritime Administrator, may establish and carry out a
competitive grant program to award grants to eligible entities for
projects in the United States consistent with the goals of this
subsection to study, evaluate, test, demonstrate, or apply
technologies and practices to improve environmental performance.'';
(8) in subsection (b), as redesignated by paragraph (5) of this
section, by striking ``subsection (b)(1)'' and inserting ``this
section''; and
(9) by adding at the end the following:
``(c) Vessels.--Activities carried out under a grant or cooperative
agreement made under this section may be conducted on public vessels
under the control of the Maritime Administration, upon approval of the
Maritime Administrator.
``(d) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) a private entity, including a nonprofit organization;
``(2) a State, regional, or local government or entity,
including special districts;
``(3) an Indian Tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304))
or a consortium of Indian Tribes;
``(4) an institution of higher education as defined under
section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002);
or
``(5) a partnership or collaboration of entities described in
paragraphs (1) through (4).
``(e) Center for Maritime Innovation.--
``(1) In general.--The Secretary of Transportation shall,
through a cooperative agreement, establish a United States Center
for Maritime Innovation (referred to in this subsection as the
`Center') to support the study, research, development, assessment,
and deployment of emerging marine technologies and practices
related to the maritime transportation system.
``(2) Selection.--The Center shall be--
``(A) selected through a competitive process of eligible
entities, and if a private entity, a domestic entity;
``(B) based in the United States with technical expertise
in emerging marine technologies and practices related to the
maritime transportation system; and
``(C) located in close proximity to eligible entities with
expertise in United States emerging marine technologies and
practices, including the use of alternative fuels and the
development of both vessel and shoreside infrastructure.
``(3) Coordination.--The Secretary of Transportation shall
coordinate with other agencies critical for science, research, and
regulation of emerging marine technologies for the maritime sector,
including the Department of Energy, the Environmental Protection
Agency, the National Science Foundation, and the Coast Guard, when
establishing the Center.
``(4) Functions.--The Center shall--
``(A) support eligible entities regarding the development
and use of clean energy and necessary infrastructure to support
the deployment of clean energy on vessels of the United States;
``(B) monitor and assess, on an ongoing basis, the current
state of knowledge regarding emerging marine technologies in
the United States;
``(C) identify any significant gaps in emerging marine
technologies research specific to the United States maritime
industry, and seek to fill those gaps;
``(D) conduct research, development, testing, and
evaluation for equipment, technologies, and techniques to
address the components under subsection (a)(2);
``(E) provide--
``(i) guidance on best available technologies;
``(ii) technical analysis;
``(iii) assistance with understanding complex
regulatory requirements; and
``(iv) documentation of best practices in the maritime
industry, including training and informational webinars on
solutions for the maritime industry; and
``(F) work with academic and private sector response
training centers and Domestic Maritime Workforce Training and
Education Centers of Excellence to develop maritime strategies
applicable to various segments of the United States maritime
industry, including the inland, deep water, and coastal
fleets.''.
(b) Deadline for Implementation.--The Secretary of Transportation
shall establish the United States Center for Maritime Innovation under
subsection (e) of section 50307 of title 46, United States Code, as
added by subsection (a), by not later than one year after the date of
the enactment of this Act.
SEC. 3544. DEFINITION OF QUALIFIED VESSEL.
Section 53501(5)(A)(iii) of title 46, United States Code, is
amended by striking ``United States foreign, Great Lakes, noncontiguous
domestic, or short sea transportation trade'' and inserting ``foreign
or domestic trade of the United States''.
SEC. 3545. ESTABLISHING A CAPITAL CONSTRUCTION FUND.
Section 53503(b) of title 46, United States Code, is amended by
striking ``United States foreign, Great Lakes, noncontiguous domestic,
or short sea transportation trade'' and inserting ``foreign or domestic
trade of the United States''.
SEC. 3546. RECAPITALIZATION OF NATIONAL DEFENSE RESERVE FLEET.
(a) In General.--Subject to the availability of appropriations, the
Secretary of Transportation, in consultation with the Chief of Naval
Operations and the Commandant of the Coast Guard, shall--
(1) complete the design of a roll-on, roll-off cargo vessel for
the National Defense Reserve Fleet to allow for the construction of
such vessel to begin in fiscal year 2024; and
(2) seek to enter into an agreement with an appropriate vessel
construction manager under which the vessel construction manager
shall enter into a contract for the construction of not more than
ten such vessels in accordance with this section.
(b) Construction and Documentation Requirements.--A vessel
constructed pursuant to this section shall meet the requirements for,
and be issued a certificate of, documentation and a coastwise
endorsement under chapter 121 of title 46, United States Code.
(c) Design Standards and Construction Practices.--Subject to
subsection (b), a vessel constructed pursuant to this section shall be
constructed using commercial design standards and commercial
construction practices that are consistent with the best interests of
the Federal Government.
(d) Consultation With Other Federal Entities.--The Secretary of
Transportation shall consult and coordinate with the Secretary of the
Navy and may consult with the heads of other appropriate Federal
agencies regarding the vessel described in subsection (a) and
activities associated with such vessel.
(e) Limitation on Use of Funds for Used Vessels.--None of the funds
authorized to be appropriated by this Act or otherwise made available
to carry out this section may be used for the procurement of any used
vessel.
SEC. 3547. SENSE OF CONGRESS ON MERCHANT MARINE.
It is the sense of Congress that the United States Merchant Marine
is a critical part of the national infrastructure of the United States,
and the men and women of the United States Merchant Marine are
essential workers.
SEC. 3548. ANALYSIS OF EFFECTS OF CHEMICALS IN STORMWATER RUNOFF ON
PACIFIC SALMON AND STEELHEAD.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Under Secretary of Commerce for Oceans and Atmosphere,
in coordination with the Secretary of Transportation and the
Administrator of the Environmental Protection Agency, and in
consultation with the Director of the United States Fish and Wildlife
Service, shall commence an analysis of--
(1) the science relating to tire-related chemicals in
stormwater runoff at ports and the effects of such chemicals on
Pacific salmon and steelhead; and
(2) the challenges of studying tire-related chemicals in
stormwater runoff at ports and the effects of such chemicals on
Pacific salmon and steelhead.
(b) Report.--Not later than 18 months after commencing the analysis
required under subsection (a), the Under Secretary of Commerce for
Oceans and Atmosphere, in coordination with the Secretary of
Transportation and the Administrator of the Environmental Protection
Agency, shall submit to the appropriate congressional committees, and
make publicly available, a report that includes--
(1) the findings of the analysis; and
(2) recommendations--
(A) to improve the monitoring of stormwater and research
related to run-off for tire-related chemicals and the effects
of such chemicals on Pacific salmon and steelhead at ports; and
(B) based on the best available science on relevant
management approaches at ports under their respective
jurisdictions.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation and
the Committee on Environment and Public Works of the Senate; and
(2) the Committee on Transportation and Infrastructure and the
Committee on Natural Resources of the House of Representatives.
SEC. 3549. REPORT ON EFFECTIVE VESSEL QUIETING MEASURES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Administrator of the Maritime
Administration, in consultation with the Under Secretary of Commerce
for Oceans and Atmosphere and the Secretary of the Department in which
the Coast Guard is operating, shall submit to the appropriate
congressional committees, and make publicly available on an appropriate
website of the Department of Transportation, a report that includes
each of the following:
(1) An identification of technology-based controls and best
management practices for reducing vessel-generated underwater
noise.
(2) For each technology-based control or best management
practice identified under paragraph (1), an evaluation of--
(A) the applicability of each control and practice to
various vessel types;
(B) the technical feasibility and economic achievability of
each control or practice; and
(C) the co-benefits and trade-offs of each control or
practice.
(3) Such other matters as the Administrator determines
appropriate.
(b) Committees.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation of
the Senate; and
(2) the Committee on Natural Resources and the Committee on
Transportation and Infrastructure of the House of Representatives.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-based Decisions.--
(1) In general.--A decision to commit, obligate, or expend
funds with or to a specific entity on the basis of a dollar amount
authorized pursuant to subsection (a) shall--
(A) except as provided in paragraph (2), be based on merit-
based selection procedures in accordance with the requirements
of sections 2304(k) and 2374 of title 10, United States Code,
or on competitive procedures; and
(B) comply with other applicable provisions of law.
(2) Exception.--Paragraph (1)(A) does not apply to a decision
to commit, obligate, or expend funds on the basis of a dollar
amount authorized pursuant to subsection (a) if the project,
program, or activity involved--
(A) is listed in section 4201; and
(B) is identified as Community Project Funding through the
inclusion of the abbreviation ``CPF'' immediately before the
name of the project, program, or activity.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 of this Act or any other provision of law, unless such
transfer or reprogramming would move funds between appropriation
accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 MQ-1 UAV............. 350,000
Program increase--MQ- [350,000]
1 for Army National
Guard.
005 SMALL UNMANNED 10,598 20,598
AIRCRAFT SYSTEMS.
Short Range [10,000]
Reconnaissance
acceleration.
ROTARY
007 AH-64 APACHE BLOCK 524,661 524,661
IIIA REMAN.
008 AH-64 APACHE BLOCK 169,218 169,218
IIIA REMAN.
010 UH-60 BLACKHAWK M 650,406 707,806
MODEL (MYP).
Add 2 aircraft-- [57,400]
combat loss
replacement.
011 UH-60 BLACKHAWK M 68,147 68,147
MODEL (MYP).
012 UH-60 BLACK HAWK L 178,658 178,658
AND V MODELS.
013 CH-47 HELICOPTER..... 169,149 366,849
Three additional [197,700]
aircraft.
014 CH-47 HELICOPTER..... 18,749 18,749
MODIFICATION OF
AIRCRAFT
016 MQ-1 PAYLOAD......... 57,700 57,700
018 GRAY EAGLE MODS2..... 13,038 133,038
Program increase--MQ- [120,000]
1C Gray Eagle
extended range multi-
domain operations.
019 MULTI SENSOR ABN 21,380 21,380
RECON.
020 AH-64 MODS........... 85,840 85,840
021 CH-47 CARGO 11,215 36,215
HELICOPTER MODS
(MYP).
Degraded visual [25,000]
environment system.
024 EMARSS SEMA MODS..... 1,591 1,591
026 UTILITY HELICOPTER 21,346 29,346
MODS.
Load stabilization [8,000]
systems.
027 NETWORK AND MISSION 44,526 44,526
PLAN.
028 COMMS, NAV 72,387 72,387
SURVEILLANCE.
030 AVIATION ASSURED PNT. 71,130 69,320
PM costs excess...... [-1,810]
031 GATM ROLLUP.......... 14,683 14,683
GROUND SUPPORT
AVIONICS
034 AIRCRAFT 167,927 167,927
SURVIVABILITY
EQUIPMENT.
035 SURVIVABILITY CM..... 6,622 6,622
036 CMWS................. 107,112 107,112
037 COMMON INFRARED 288,209 288,209
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
039 COMMON GROUND 20,823 20,823
EQUIPMENT.
040 AIRCREW INTEGRATED 25,773 25,773
SYSTEMS.
041 AIR TRAFFIC CONTROL.. 27,492 27,492
042 LAUNCHER, 2.75 ROCKET 1,275 1,275
043 UNDISTRIBUTED........ 90,141
Inflation effects.... [90,141]
TOTAL AIRCRAFT 2,849,655 3,706,086
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 LOWER TIER AIR AND 4,260 4,260
MISSILE DEFENSE
(AMD) SEN.
002 LOWER TIER AIR AND 9,200 9,200
MISSILE DEFENSE
(AMD) SEN.
003 M-SHORAD--PROCUREMENT 135,747 410,809
Additional units-- [111,100]
Army UPL.
Hellfire pod [55,740]
replacement--Army
UPL.
Production line--Army [108,222]
UPL.
004 MSE MISSILE.......... 1,037,093 1,037,093
005 PRECISION STRIKE 213,172 213,172
MISSILE (PRSM).
006 INDIRECT FIRE 18,924 18,924
PROTECTION
CAPABILITY INC 2-I.
AIR-TO-SURFACE
MISSILE SYSTEM
007 HELLFIRE SYS SUMMARY. 111,294 111,294
008 JOINT AIR-TO-GROUND 216,030 252,030
MSLS (JAGM).
Defense Industrial [36,000]
Base (DIB) Expansion
for AGM-179 Joint
Air-to-Ground
Missiles (JAGM).
010 LONG-RANGE HYPERSONIC 249,285 249,285
WEAPON.
ANTI-TANK/ASSAULT
MISSILE SYS
011 JAVELIN (AAWS-M) 162,968 162,968
SYSTEM SUMMARY.
012 TOW 2 SYSTEM SUMMARY. 105,423 105,423
013 GUIDED MLRS ROCKET 785,028 785,028
(GMLRS).
014 MLRS REDUCED RANGE 4,354 4,354
PRACTICE ROCKETS
(RRPR).
015 HIGH MOBILITY 155,705 155,705
ARTILLERY ROCKET
SYSTEM (HIMARS.
016 LETHAL MINIATURE 37,937 112,937
AERIAL MISSILE
SYSTEM (LMAMS.
Procurement of [75,000]
Switchblade 600
variant.
MODIFICATIONS
017 PATRIOT MODS......... 253,689 1,193,689
2 Additional Fire [700,000]
Units and a
Dismounted Patriot
Information and
Coordination Central
(D-PICC).
Defense Industrial [240,000]
Base (DIB) Expansion
for PATRIOT Advanced
Capability - 3 (PAC-
3) Missile Segment.
020 ITAS/TOW MODS........ 5,154 5,154
021 MLRS MODS............ 218,359 218,359
022 HIMARS MODIFICATIONS. 20,468 20,468
SPARES AND REPAIR
PARTS
023 SPARES AND REPAIR 6,508 6,508
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
024 AIR DEFENSE TARGETS.. 11,317 11,317
025 INDUSTRIAL 150,000
PREPAREDNESS.
Blk 1 refurb missiles [150,000]
026 UNDISTRIBUTED........ 117,940
Inflation effects.... [117,940]
TOTAL MISSILE 3,761,915 5,355,917
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 ARMORED MULTI PURPOSE 380,677 780,677
VEHICLE (AMPV).
Program increase..... [400,000]
002 ASSAULT BREACHER 3,852 3,852
VEHICLE (ABV).
003 MOBILE PROTECTED 356,708 356,708
FIREPOWER.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
004 STRYKER UPGRADE...... 671,271 891,171
Program increase [219,900]
modifications--Army
UPL.
005 BRADLEY PROGRAM (MOD) 279,531 279,531
006 M109 FOV 3,028 3,028
MODIFICATIONS.
007 PALADIN INTEGRATED 493,003 688,003
MANAGEMENT (PIM).
Program increase..... [195,000]
008 IMPROVED RECOVERY 138,759 138,759
VEHICLE (M88A2
HERCULES).
012 JOINT ASSAULT BRIDGE. 36,990 36,990
014 ABRAMS UPGRADE 656,340 1,278,140
PROGRAM.
Program increase [97,200]
modifications--Army
UPL.
Program increase [524,600]
upgrades--Army UPL.
WEAPONS & OTHER
COMBAT VEHICLES
017 MULTI-ROLE ANTI-ARMOR 26,627 26,627
ANTI-PERSONNEL
WEAPON S.
018 MORTAR SYSTEMS....... 8,516 8,516
019 LOCATION & AZIMUTH 48,301 48,301
DETERMINATION SYSTEM
(LADS.
020 XM320 GRENADE 11,703 11,703
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 6,436 6,436
RIFLE.
024 NEXT GENERATION SQUAD 221,293 202,881
WEAPON.
Automatic rifle [-3,387]
contract delays.
Rifle contract delays [-15,025]
MOD OF WEAPONS AND
OTHER COMBAT VEH
028 M777 MODS............ 3,374 3,374
033 M119 MODIFICATIONS... 2,263 2,263
SUPPORT EQUIPMENT &
FACILITIES
036 ITEMS LESS THAN $5.0M 2,138 2,138
(WOCV-WTCV).
037 PRODUCTION BASE 225,220 225,220
SUPPORT (WOCV-WTCV).
038 UNDISTRIBUTED........ 100,659
Inflation effects.... [100,659]
TOTAL PROCUREMENT OF 3,576,030 5,094,977
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 59,447 64,724
TYPES.
Ahead of need........ [-4,723]
Program increase..... [10,000]
002 CTG, 7.62MM, ALL 90,019 96,364
TYPES.
Carryover............ [-3,655]
Program increase..... [10,000]
003 NEXT GENERATION SQUAD 128,662 96,496
WEAPON AMMUNITION.
Schedule delays...... [-32,166]
004 CTG, HANDGUN, ALL 317 317
TYPES.
005 CTG, .50 CAL, ALL 35,849 45,849
TYPES.
Program increase..... [10,000]
006 CTG, 20MM, ALL TYPES. 11,761 21,761
CRAM program increase [10,000]
007 CTG, 25MM, ALL TYPES. 10,270 10,270
008 CTG, 30MM, ALL TYPES. 143,045 143,045
009 CTG, 40MM, ALL TYPES. 85,213 85,213
MORTAR AMMUNITION
010 60MM MORTAR, ALL 33,338 33,338
TYPES.
011 81MM MORTAR, ALL 56,577 56,577
TYPES.
012 120MM MORTAR, ALL 127,168 127,168
TYPES.
TANK AMMUNITION
013 CARTRIDGES, TANK, 296,943 293,443
105MM AND 120MM, ALL
TYPES.
120mm MPT--Unit cost [-3,500]
growth.
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 7,647 7,647
75MM & 105MM, ALL
TYPES.
015 ARTILLERY PROJECTILE, 182,455 212,455
155MM, ALL TYPES.
Defense Industrial [40,000]
Base (DIB) Expansion
for XM1128 and XM113
(IB only)--155mm
rounds.
Proj Arty 155mm HE [-10,000]
RAP M1210--Early to
need.
017 PRECISION ARTILLERY 166,334 166,334
MUNITIONS.
018 ARTILLERY 143,763 143,763
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
019 MINES & CLEARING 80,920 80,920
CHARGES, ALL TYPES.
020 CLOSE TERRAIN SHAPING 53,579 53,579
OBSTACLE.
ROCKETS
021 SHOULDER LAUNCHED 18,159 18,159
MUNITIONS, ALL TYPES.
022 ROCKET, HYDRA 70, ALL 171,697 171,697
TYPES.
OTHER AMMUNITION
023 CAD/PAD, ALL TYPES... 7,643 7,643
024 DEMOLITION MUNITIONS, 29,796 29,796
ALL TYPES.
025 GRENADES, ALL TYPES.. 36,251 36,251
026 SIGNALS, ALL TYPES... 13,852 13,852
027 SIMULATORS, ALL TYPES 9,350 9,350
MISCELLANEOUS
029 AMMO COMPONENTS, ALL 3,823 3,823
TYPES.
030 ITEMS LESS THAN $5 19,921 19,921
MILLION (AMMO).
031 AMMUNITION PECULIAR 13,001 13,001
EQUIPMENT.
032 FIRST DESTINATION 17,528 17,528
TRANSPORTATION
(AMMO).
033 CLOSEOUT LIABILITIES. 101 101
PRODUCTION BASE
SUPPORT
034 INDUSTRIAL FACILITIES 499,613 678,063
Construction of [10,000]
Automated
Contaminated Waste
Plant, Lake City AAP.
Construction of [3,000]
Electrical System
Upgrade Phase I,
Scranton AAP.
Construction of Erie [700]
1--Unload
Manipulator,
Scranton AAP.
Construction of Forge [500]
Shop--Process Smog
Removal System,
Scranton AAP.
Construction of Forge [1,250]
Shop--Replace Pipes
(Subway Area),
Scranton AAP.
Construction of [1,600]
Industrial Sewer
Modernization, Iowa
AAP.
Construction of [4,300]
Infrastructure
Repairs Phase I,
Scranton AAP.
Construction of [3,030]
Infrastructure
Repairs Phase II,
Scranton AAP.
Construction of [2,400]
Medium Cal X-Ray
Equipment &
Infrastructure, Iowa
AAP.
Construction of [8,530]
Replace Internal
Water/Condensate
Lines, Bldgs 1, 2, &
3, Lake City AAP.
Construction of Small [8,000]
Caliber Automated
Primer Design, Lake
City AAP.
Construction of [3,300]
Storage Yard K Mod &
Automation, Iowa AAP.
Construction of Ultra [3,740]
Violet Fire
Detection System,
Iowa AAP.
Construction of [5,600]
Upgrade Laundry
Facility, Holston
AAP.
Construction of Water [25,000]
Distribution System,
Radford AAP.
Construction of Water [2,500]
In-take Pumps (B.
407), Radford AAP.
Urgent Safety [95,000]
Upgrades to LCAAP.
035 CONVENTIONAL 80,970 80,970
MUNITIONS
DEMILITARIZATION.
036 ARMS INITIATIVE...... 4,039 4,039
037 UNDISTRIBUTED........ 78,556
Inflation effects.... [78,556]
TOTAL PROCUREMENT OF 2,639,051 2,922,013
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 23,021 23,021
FLATBED:.
003 SEMITRAILERS, TANKERS 21,869 19,369
Carryover............ [-2,500]
004 HI MOB MULTI-PURP 6,121 6,121
WHLD VEH (HMMWV).
005 GROUND MOBILITY 34,316 47,116
VEHICLES (GMV).
Program increase-- [12,800]
Infantry Squad
Vehicle.
007 JOINT LIGHT TACTICAL 703,110 686,396
VEHICLE FAMILY OF
VEHICL.
Unit cost increases.. [-16,714]
008 TRUCK, DUMP, 20T 30,000
(CCE).
Program increase..... [30,000]
009 FAMILY OF MEDIUM 74,086 157,746
TACTICAL VEH (FMTV).
Program increase..... [83,660]
010 FAMILY OF COLD 23,772 23,772
WEATHER ALL-TERRAIN
VEHICLE (C.
011 FIRETRUCKS & 39,950 39,950
ASSOCIATED
FIREFIGHTING EQUIP.
012 FAMILY OF HEAVY 96,112 206,112
TACTICAL VEHICLES
(FHTV).
Program increase..... [110,000]
013 PLS ESP.............. 54,674 54,674
016 MODIFICATION OF IN 31,819 214,819
SVC EQUIP.
HMMWV safety upgrades [183,000]
NON-TACTICAL VEHICLES
017 PASSENGER CARRYING 1,286 1,286
VEHICLES.
018 NONTACTICAL VEHICLES, 15,059 15,059
OTHER.
COMM--JOINT
COMMUNICATIONS
019 SIGNAL MODERNIZATION 179,853 169,853
PROGRAM.
Equipment Cost Growth [-5,000]
Software Cost Growth. [-5,000]
020 TACTICAL NETWORK 382,007 417,007
TECHNOLOGY MOD IN
SVC.
Program acceleration [35,000]
(mobile networking
for three maneuver
battalions).
022 DISASTER INCIDENT 4,066 4,066
RESPONSE COMMS
TERMINAL (DI.
023 JCSE EQUIPMENT 5,505 5,505
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
026 DEFENSE ENTERPRISE 107,228 107,228
WIDEBAND SATCOM
SYSTEMS.
027 TRANSPORTABLE 119,259 114,250
TACTICAL COMMAND
COMMUNICATIONS.
Carryover............ [-5,009]
028 SHF TERM............. 23,173 23,173
029 ASSURED POSITIONING, 184,911 184,911
NAVIGATION AND
TIMING.
030 EHF SATELLITE 5,853 5,853
COMMUNICATION.
031 SMART-T (SPACE)...... 4,916 4,916
032 GLOBAL BRDCST SVC-- 3,179 3,179
GBS.
COMM--C3 SYSTEM
034 COE TACTICAL SERVER 94,287 90,387
INFRASTRUCTURE (TSI).
Unjustified cost [-3,900]
growth.
COMM--COMBAT
COMMUNICATIONS
035 HANDHELD MANPACK 728,366 720,592
SMALL FORM FIT (HMS).
Early to need--single- [-5,774]
channel data radio.
Excess to need-- [-2,000]
handheld radio
systems engineering.
037 ARMY LINK 16 SYSTEMS. 47,581 47,581
039 UNIFIED COMMAND SUITE 20,178 20,178
040 COTS COMMUNICATIONS 320,595 313,654
EQUIPMENT.
LCTRR costs [-6,941]
previously funded.
041 FAMILY OF MED COMM 7,621 7,621
FOR COMBAT CASUALTY
CARE.
042 ARMY COMMUNICATIONS & 59,705 59,705
ELECTRONICS.
COMM--INTELLIGENCE
COMM
043 CI AUTOMATION 13,891 13,891
ARCHITECTURE-INTEL.
045 MULTI-DOMAIN 20,637 20,637
INTELLIGENCE.
INFORMATION SECURITY
046 INFORMATION SYSTEM 1,019 1,019
SECURITY PROGRAM-
ISSP.
047 COMMUNICATIONS 125,692 125,692
SECURITY (COMSEC).
049 INSIDER THREAT 1,796 1,796
PROGRAM--UNIT
ACTIVITY MONITO.
051 BIOMETRIC ENABLING 816 816
CAPABILITY (BEC).
052 ARCYBER DEFENSIVE 18,239 18,239
CYBER OPERATIONS.
COMM--LONG HAUL
COMMUNICATIONS
054 BASE SUPPORT 10,262 25,262
COMMUNICATIONS.
CONUS land mobile [15,000]
radio.
COMM--BASE
COMMUNICATIONS
055 INFORMATION SYSTEMS.. 116,522 93,999
Ahead of need........ [-22,523]
056 EMERGENCY MANAGEMENT 5,036 5,036
MODERNIZATION
PROGRAM.
059 INSTALLATION INFO 214,806 214,806
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
062 TITAN................ 84,821 0
Army requested [-19,680]
realignment to OPA
line 66.
Army Requested [-50,900]
Realignment to RDTE.
Funding ahead of need [-14,241]
063 JTT/CIBS-M........... 2,352 2,352
064 TERRESTRIAL LAYER 88,915 8,373
SYSTEMS (TLS).
Production contract [-42,542]
ahead of need.
Realignment of funds. [-38,000]
066 DCGS-A-INTEL......... 76,771 96,451
Army requested [19,680]
realignment from OPA
line 62.
067 JOINT TACTICAL GROUND 349 349
STATION (JTAGS)-
INTEL.
068 TROJAN............... 20,562 20,562
069 MOD OF IN-SVC EQUIP 30,424 49,724
(INTEL SPT).
INDOPACOM UFR--SIGINT [9,300]
upgrades.
Prophet Enhanced ESP [10,000]
Kits.
070 BIOMETRIC TACTICAL 2,269 2,269
COLLECTION DEVICES.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
073 AIR VIGILANCE (AV)... 5,688 5,688
074 MULTI-FUNCTION 3,060 3,060
ELECTRONIC WARFARE
(MFEW) SYST.
076 COUNTERINTELLIGENCE/ 19,519 15,019
SECURITY
COUNTERMEASURES.
Carryover............ [-4,500]
077 CI MODERNIZATION..... 437 437
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
078 SENTINEL MODS........ 166,736 166,736
079 NIGHT VISION DEVICES. 424,253 425,253
ENVGB program [100,000]
extension.
IVAS--Army requested [-99,000]
realignment to RDTE.
080 SMALL TACTICAL 11,357 11,357
OPTICAL RIFLE
MOUNTED MLRF.
082 FAMILY OF WEAPON 202,258 195,818
SIGHTS (FWS).
Program decrease..... [-6,440]
083 ENHANCED PORTABLE 5,116 5,116
INDUCTIVE ARTILLERY
FUZE SE.
084 FORWARD LOOKING 37,914 37,914
INFRARED (IFLIR).
085 COUNTER SMALL 326,364 326,364
UNMANNED AERIAL
SYSTEM (C-SUAS).
086 JOINT BATTLE COMMAND-- 186,515 186,515
PLATFORM (JBC-P).
087 JOINT EFFECTS 10,304 5,152
TARGETING SYSTEM
(JETS).
Program reduction.... [-5,152]
088 COMPUTER BALLISTICS: 3,038 3,038
LHMBC XM32.
089 MORTAR FIRE CONTROL 4,879 4,879
SYSTEM.
090 MORTAR FIRE CONTROL 4,370 4,370
SYSTEMS
MODIFICATIONS.
091 COUNTERFIRE RADARS... 162,208 162,208
ELECT EQUIP--TACTICAL
C2 SYSTEMS
092 ARMY COMMAND POST 60,455 60,455
INTEGRATED
INFRASTRUCTURE (.
093 FIRE SUPPORT C2 9,676 9,676
FAMILY.
094 AIR & MSL DEFENSE 72,619 72,619
PLANNING & CONTROL
SYS.
095 IAMD BATTLE COMMAND 438,967 438,967
SYSTEM.
096 LIFE CYCLE SOFTWARE 4,586 4,586
SUPPORT (LCSS).
097 NETWORK MANAGEMENT 37,199 37,199
INITIALIZATION AND
SERVICE.
098 GLOBAL COMBAT SUPPORT 4,102 4,102
SYSTEM-ARMY (GCSS-A).
099 INTEGRATED PERSONNEL 6,926 6,926
AND PAY SYSTEM-ARMY
(IPP.
101 MOD OF IN-SVC 4,076 15,076
EQUIPMENT (ENFIRE).
GPS laser leveling [11,000]
system.
ELECT EQUIP--
AUTOMATION
102 ARMY TRAINING 8,033 8,033
MODERNIZATION.
103 AUTOMATED DATA 96,554 96,554
PROCESSING EQUIP.
104 ACCESSIONS 43,767 19,500
INFORMATION
ENVIRONMENT (AIE).
Insufficient [-24,267]
justification.
105 GENERAL FUND 97 97
ENTERPRISE BUSINESS
SYSTEMS FAM.
106 HIGH PERF COMPUTING 73,655 73,655
MOD PGM (HPCMP).
107 CONTRACT WRITING 17,701 4,075
SYSTEM.
Licenses ahead of [-13,626]
need.
108 CSS COMMUNICATIONS... 88,141 88,141
ELECT EQUIP--SUPPORT
111 BCT EMERGING 12,853 12,853
TECHNOLOGIES.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 1,596 1,596
CHEMICAL DEFENSIVE
EQUIPMENT
113 BASE DEFENSE SYSTEMS 47,960 47,960
(BDS).
114 CBRN DEFENSE......... 56,129 56,129
BRIDGING EQUIPMENT
116 TACTICAL BRIDGING.... 13,785 13,785
118 BRIDGE SUPPLEMENTAL 6,774 1,045
SET.
Carryover............ [-5,729]
119 COMMON BRIDGE 10,379 10,379
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
124 ROBOTICS AND APPLIQUE 52,340 52,340
SYSTEMS.
COMBAT SERVICE
SUPPORT EQUIPMENT
127 HEATERS AND ECU'S.... 7,672 7,672
129 PERSONNEL RECOVERY 4,691 4,691
SUPPORT SYSTEM
(PRSS).
130 GROUND SOLDIER SYSTEM 124,953 124,953
131 MOBILE SOLDIER POWER. 15,933 15,933
132 FORCE PROVIDER....... 12,000
Program increase..... [12,000]
134 CARGO AERIAL DEL & 42,444 42,444
PERSONNEL PARACHUTE
SYSTEM.
136 ITEMS LESS THAN $5M 4,155 4,155
(ENG SPT).
PETROLEUM EQUIPMENT
137 QUALITY SURVEILLANCE 2,845 2,845
EQUIPMENT.
138 DISTRIBUTION SYSTEMS, 26,433 26,433
PETROLEUM & WATER.
MEDICAL EQUIPMENT
139 COMBAT SUPPORT 75,606 75,606
MEDICAL.
MAINTENANCE EQUIPMENT
140 MOBILE MAINTENANCE 3,936 3,936
EQUIPMENT SYSTEMS.
CONSTRUCTION
EQUIPMENT
147 ALL TERRAIN CRANES... 31,341 31,341
148 HIGH MOBILITY 10,000
ENGINEER EXCAVATOR
(HMEE).
Program increase..... [10,000]
149 FAMILY OF DIVER 3,256 3,256
SUPPORT EQUIPMENT.
150 CONST EQUIP ESP...... 9,104 9,104
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
151 ARMY WATERCRAFT ESP.. 47,889 47,889
152 MANEUVER SUPPORT 104,676 104,676
VESSEL (MSV).
153 ITEMS LESS THAN $5.0M 10,131 10,131
(FLOAT/RAIL).
GENERATORS
154 GENERATORS AND 54,400 54,400
ASSOCIATED EQUIP.
155 TACTICAL ELECTRIC 8,293 8,293
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
156 FAMILY OF FORKLIFTS.. 8,819 8,819
TRAINING EQUIPMENT
157 COMBAT TRAINING 48,046 48,046
CENTERS SUPPORT.
158 TRAINING DEVICES, 201,966 199,669
NONSYSTEM.
Program decrease..... [-2,297]
159 SYNTHETIC TRAINING 255,670 219,670
ENVIRONMENT (STE).
SiVT--Army requested [-36,000]
realignment to RDTE.
160 GAMING TECHNOLOGY IN 9,546 9,546
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
162 INTEGRATED FAMILY OF 36,514 36,514
TEST EQUIPMENT
(IFTE).
164 TEST EQUIPMENT 32,734 32,734
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
166 PHYSICAL SECURITY 102,556 116,706
SYSTEMS (OPA3).
AFRICOM UFR--force [14,150]
protection.
167 BASE LEVEL COMMON 31,417 31,417
EQUIPMENT.
168 MODIFICATION OF IN- 24,047 24,047
SVC EQUIPMENT (OPA-
3).
169 BUILDING, PRE-FAB, 32,151 32,151
RELOCATABLE.
170 SPECIAL EQUIPMENT FOR 84,779 84,779
TEST AND EVALUATION.
OPA2
172 INITIAL SPARES--C&E.. 10,463 10,463
173 UNDISTRIBUTED........ 291,568
Inflation effects.... [291,568]
TOTAL OTHER 8,457,509 8,966,932
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 90,865 756,865
HORNET.
8 aircraft--USNR..... [666,000]
002 JOINT STRIKE FIGHTER 1,663,515 2,017,715
CV.
Three additional [313,600]
Joint Strike Fighter
aircraft.
TR-3 Organic Depot [40,600]
Standup.
003 JOINT STRIKE FIGHTER 387,596 224,496
CV.
Economic order [-163,100]
quantity unjustified
request.
004 JSF STOVL............ 1,909,635 1,950,235
TR-3 Organic Depot [40,600]
Standup.
005 JSF STOVL............ 200,118 200,118
006 CH-53K (HEAVY LIFT).. 1,669,986 1,898,196
Engineering change [-15,790]
orders excess growth.
Unjustified cost [-2,000]
growth--Other ILS.
Unjustified cost [-4,000]
growth--Pubs/ Tech
data.
USMC UFR--additional [250,000]
aircraft.
007 CH-53K (HEAVY LIFT).. 357,824 357,824
008 V-22 (MEDIUM LIFT)... 31,795 243,795
Unit quantity [212,000]
increase--2 aircraft.
011 P-8A POSEIDON........ 41,521 41,521
012 E-2D ADV HAWKEYE..... 842,401 1,235,762
2 additional E-2D [399,900]
aircraft--Navy UPL.
Non-recurring excess [-6,539]
growth.
TRAINER AIRCRAFT
014 MULTI-ENGINE TRAINING 123,217 107,801
SYSTEM (METS).
Support cost excess [-15,416]
growth.
015 ADVANCED HELICOPTER 119,816 119,816
TRAINING SYSTEM.
OTHER AIRCRAFT
016 KC-130J.............. 439,501 439,501
017 KC-130J.............. 29,122 29,122
019 MQ-4 TRITON.......... 587,820 584,192
Program decrease..... [-3,628]
020 MQ-4 TRITON.......... 75,235 75,235
021 MQ-8 UAV............. 21,000
Costs associated with [21,000]
restoring 5 LCS.
022 STUASL0 UAV.......... 2,703 2,703
023 MQ-25................ 696,713 696,713
024 MQ-25................ 51,463 51,463
025 MARINE GROUP 5 UAS... 103,882 98,132
Program decrease..... [-5,750]
MODIFICATION OF
AIRCRAFT
027 F-18 A-D UNIQUE...... 141,514 141,514
028 F-18E/F AND EA-18G 572,681 572,681
MODERNIZATION AND
SUSTAINM.
029 MARINE GROUP 5 UAS 86,116 86,116
SERIES.
030 AEA SYSTEMS.......... 25,058 25,058
031 AV-8 SERIES.......... 26,657 26,657
032 INFRARED SEARCH AND 144,699 134,329
TRACK (IRST).
Reduction in units... [-10,370]
033 ADVERSARY............ 105,188 105,188
034 F-18 SERIES.......... 480,663 480,663
035 H-53 SERIES.......... 40,151 40,151
036 MH-60 SERIES......... 126,238 126,238
037 H-1 SERIES........... 122,498 122,498
038 EP-3 SERIES.......... 8,492 8,492
039 E-2 SERIES........... 188,897 188,897
040 TRAINER A/C SERIES... 9,568 9,568
042 C-130 SERIES......... 132,170 132,170
043 FEWSG................ 695 695
044 CARGO/TRANSPORT A/C 10,902 10,902
SERIES.
045 E-6 SERIES........... 129,049 129,049
046 EXECUTIVE HELICOPTERS 55,265 55,265
SERIES.
047 T-45 SERIES.......... 201,670 201,670
048 POWER PLANT CHANGES.. 24,685 24,685
049 JPATS SERIES......... 19,780 19,780
050 AVIATION LIFE SUPPORT 1,143 1,143
MODS.
051 COMMON ECM EQUIPMENT. 129,722 129,722
052 COMMON AVIONICS 136,883 131,883
CHANGES.
Installation [-5,000]
equipment NRE
previously funded.
053 COMMON DEFENSIVE 6,373 6,373
WEAPON SYSTEM.
054 ID SYSTEMS........... 3,828 3,828
055 P-8 SERIES........... 249,342 249,342
056 MAGTF EW FOR AVIATION 24,684 24,684
057 MQ-8 SERIES.......... 9,846 17,146
Costs associated with [7,300]
restoring 5 LCS.
058 V-22 (TILT/ROTOR 207,621 290,121
ACFT) OSPREY.
V-22 Nacelle [82,500]
Improvement.
059 NEXT GENERATION 401,563 468,563
JAMMER (NGJ).
Program increase--2 [67,000]
shipsets - Navy UPL.
060 F-35 STOVL SERIES.... 216,356 199,294
Prior year under [-17,062]
execution.
061 F-35 CV SERIES....... 208,336 204,110
Prior year under [-4,226]
execution.
062 QRC.................. 47,864 47,864
063 MQ-4 SERIES.......... 94,738 91,977
Prior year under [-2,761]
execution.
064 RQ-21 SERIES......... 6,576 6,576
AIRCRAFT SPARES AND
REPAIR PARTS
068 SPARES AND REPAIR 1,872,417 2,166,317
PARTS.
Costs associated with [1,200]
restoring 5 LCS.
Navy UFR--aviation [292,700]
outfitting spares in
support of carrier
airwings.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
069 COMMON GROUND 542,214 542,214
EQUIPMENT.
070 AIRCRAFT INDUSTRIAL 101,559 101,559
FACILITIES.
071 WAR CONSUMABLES...... 40,316 40,316
072 OTHER PRODUCTION 46,403 46,403
CHARGES.
073 SPECIAL SUPPORT 423,280 423,280
EQUIPMENT.
074 UNDISTRIBUTED........ 491,186
Inflation effects.... [491,186]
TOTAL AIRCRAFT 16,848,428 19,478,372
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,125,164 1,176,164
Defense Industrial [51,000]
Base (DIB) Expansion
for Trident II Mods.
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,767 7,767
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 160,190 160,190
TACTICAL MISSILES
004 AMRAAM............... 335,900 335,900
005 SIDEWINDER........... 63,288 89,188
Navy UFR--additional [25,900]
AIM-9X.
006 STANDARD MISSILE..... 489,123 739,123
Capacity expansion-- [50,000]
dual-source
energetics.
Capacity expansion-- [200,000]
test/tooling
equipment.
008 JASSM................ 58,481 0
Navy requested [-12,000]
transfer to line 16.
Navy requested [-46,481]
transfer to RDTE
line 93.
009 SMALL DIAMETER BOMB 108,317 104,421
II.
Unit cost growth--AUR [-3,896]
010 RAM.................. 92,131 92,131
011 JOINT AIR GROUND 78,395 78,395
MISSILE (JAGM).
012 HELLFIRE............. 6,603 6,603
013 AERIAL TARGETS....... 183,222 183,222
014 DRONES AND DECOYS.... 62,930 50,430
Stabilize production [-12,500]
ramp.
015 OTHER MISSILE SUPPORT 3,524 3,524
016 LRASM................ 226,022 291,022
Defense Industrial [53,000]
Base (DIB) Expansion
for LRASM.
Navy requested [12,000]
transfer from line 8.
017 NAVAL STRIKE MISSILE 59,034 259,034
(NSM).
Naval Strike [200,000]
Missiles--Advanced
Procurement.
MODIFICATION OF
MISSILES
018 TOMAHAWK MODS........ 435,308 435,308
019 ESSM................. 282,035 282,035
020 AARGM................ 131,275 171,275
Production increase.. [40,000]
021 STANDARD MISSILES 71,198 71,198
MODS.
023 INDUSTRIAL 20,000
PREPAREDNESS.
Defense Industrial [20,000]
Base (DIB) Expansion
for Harpoon Missiles.
SUPPORT EQUIPMENT &
FACILITIES
022 WEAPONS INDUSTRIAL 1,976 6,976
FACILITIES.
Hypersonic test [5,000]
facility.
ORDNANCE SUPPORT
EQUIPMENT
025 ORDNANCE SUPPORT 40,793 40,793
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
026 SSTD................. 3,789 3,789
027 MK-48 TORPEDO........ 151,128 200,128
Navy UFR--additional [49,000]
MK 48 procurement.
028 ASW TARGETS.......... 14,403 14,403
MOD OF TORPEDOES AND
RELATED EQUIP
029 MK-54 TORPEDO MODS... 106,772 232,172
Mk54 LWT program [125,400]
increase.
030 MK-48 TORPEDO ADCAP 18,502 18,502
MODS.
031 MARITIME MINES....... 9,282 245,332
Hammerhead........... [225,000]
Mk68................. [11,050]
SUPPORT EQUIPMENT
032 TORPEDO SUPPORT 87,044 87,044
EQUIPMENT.
033 ASW RANGE SUPPORT.... 3,965 3,965
DESTINATION
TRANSPORTATION
034 FIRST DESTINATION 5,315 5,315
TRANSPORTATION.
GUNS AND GUN MOUNTS
035 SMALL ARMS AND 13,859 13,859
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
036 CIWS MODS............ 2,655 2,655
037 COAST GUARD WEAPONS.. 34,259 34,259
038 GUN MOUNT MODS....... 81,725 81,725
039 LCS MODULE WEAPONS... 4,580 4,580
040 AIRBORNE MINE 8,710 8,710
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
042 SPARES AND REPAIR 170,041 170,041
PARTS.
043 UNDISTRIBUTED........ 129,375
Inflation effects.... [129,375]
TOTAL WEAPONS 4,738,705 5,860,553
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 47,198 47,198
002 JDAM................. 76,688 76,688
003 AIRBORNE ROCKETS, ALL 70,005 70,005
TYPES.
004 MACHINE GUN 20,586 20,586
AMMUNITION.
005 PRACTICE BOMBS....... 51,109 48,843
Prior year under [-2,266]
execution.
006 CARTRIDGES & CART 72,534 72,534
ACTUATED DEVICES.
007 AIR EXPENDABLE 114,475 108,859
COUNTERMEASURES.
Program rephasing--IR [-5,616]
decoys.
008 JATOS................ 7,096 7,096
009 5 INCH/54 GUN 30,018 30,018
AMMUNITION.
010 INTERMEDIATE CALIBER 40,089 40,089
GUN AMMUNITION.
011 OTHER SHIP GUN 42,707 189,707
AMMUNITION.
Goalkeeper long lead [147,000]
procurement.
012 SMALL ARMS & LANDING 49,023 45,971
PARTY AMMO.
Excess to need--50 [-3,052]
CAL LKD and tracer.
013 PYROTECHNIC AND 9,480 9,480
DEMOLITION.
014 AMMUNITION LESS THAN 1,622 1,622
$5 MILLION.
MARINE CORPS
AMMUNITION
015 MORTARS.............. 71,214 71,214
016 DIRECT SUPPORT 65,169 62,627
MUNITIONS.
Various munitions [-2,542]
unit cost growth.
017 INFANTRY WEAPONS 225,271 225,271
AMMUNITION.
018 COMBAT SUPPORT 19,691 19,691
MUNITIONS.
019 AMMO MODERNIZATION... 17,327 17,327
020 ARTILLERY MUNITIONS.. 15,514 15,514
021 ITEMS LESS THAN $5 5,476 5,476
MILLION.
022 UNDISTRIBUTED........ 33,521
Inflation effects.... [33,521]
TOTAL PROCUREMENT OF 1,052,292 1,219,337
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 3,079,223 3,079,223
SUBMARINE.
002 OHIO REPLACEMENT 2,778,553 2,778,553
SUBMARINE.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 1,481,530 1,466,530
PROGRAM.
Program decrease..... [-15,000]
004 CVN-81............... 1,052,024 1,052,024
005 VIRGINIA CLASS 4,534,184 4,534,184
SUBMARINE.
006 VIRGINIA CLASS 2,025,651 2,025,651
SUBMARINE.
008 CVN REFUELING 618,295 612,081
OVERHAULS.
Unjustified [-6,214]
electronics cost
growth.
009 DDG 1000............. 72,976 72,976
010 DDG-51............... 4,376,537 6,816,537
Large Surface [250,000]
Combatant Shipyard
Infrastructure.
One additional ship.. [2,190,000]
011 DDG-51............... 618,352 695,652
Third DDG in FY 2024. [77,300]
013 FFG-FRIGATE.......... 1,085,224 1,085,224
014 FFG-FRIGATE.......... 74,949 0
Advance procurement [-74,949]
unjustified request.
AMPHIBIOUS SHIPS
015 LPD FLIGHT II........ 1,673,000 1,673,000
016 LPD FLIGHT II........ 250,000
USMC UFR--Advance [250,000]
procurement for LPD-
33.
020 LHA REPLACEMENT...... 1,085,470 1,374,470
LHA 10 advance [289,000]
procurement.
021 EXPEDITIONARY FAST 645,000
TRANSPORT (EPF).
EMS.................. [645,000]
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
022 TAO FLEET OILER...... 794,719 794,719
024 TOWING, SALVAGE, AND 95,915 95,915
RESCUE SHIP (ATS).
027 OUTFITTING........... 707,412 707,412
028 SHIP TO SHORE 190,433 391,838
CONNECTOR.
Unit quantity [201,405]
increase.
029 SERVICE CRAFT........ 68,274 91,274
Auxiliary personnel [23,000]
lighters barracks
craft.
030 LCAC SLEP............ 36,301 36,301
031 AUXILIARY VESSELS 140,686 140,686
(USED SEALIFT).
032 COMPLETION OF PY 1,328,146 1,328,146
SHIPBUILDING
PROGRAMS.
033 UNDISTRIBUTED........ 839,239
Inflation effects.... [839,239]
TOTAL SHIPBUILDING 27,917,854 32,586,635
AND CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 46,478 46,478
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 84,615 84,615
HM&E.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 98,079 87,800
EQUIPMENT.
Program decrease..... [-10,279]
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 266,300 261,011
IMAGING AND SUPT
EQUIP PROG.
Unjustified growth... [-5,289]
005 DDG MOD.............. 770,341 770,341
006 FIREFIGHTING 19,687 19,687
EQUIPMENT.
007 COMMAND AND CONTROL 2,406 2,406
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 38,200 38,200
009 LCC 19/20 EXTENDED 20,028 20,028
SERVICE LIFE PROGRAM.
010 POLLUTION CONTROL 17,682 17,682
EQUIPMENT.
011 SUBMARINE SUPPORT 117,799 117,799
EQUIPMENT.
012 VIRGINIA CLASS 32,300 32,300
SUPPORT EQUIPMENT.
013 LCS CLASS SUPPORT 15,238 15,238
EQUIPMENT.
014 SUBMARINE BATTERIES.. 24,137 24,137
015 LPD CLASS SUPPORT 54,496 54,496
EQUIPMENT.
016 DDG 1000 CLASS 314,333 284,333
SUPPORT EQUIPMENT.
Program decrease..... [-30,000]
017 STRATEGIC PLATFORM 13,504 13,504
SUPPORT EQUIP.
018 DSSP EQUIPMENT....... 3,660 3,660
019 CG MODERNIZATION..... 59,054 59,054
020 LCAC................. 17,452 17,452
021 UNDERWATER EOD 35,417 35,417
EQUIPMENT.
022 ITEMS LESS THAN $5 60,812 60,812
MILLION.
023 CHEMICAL WARFARE 3,202 3,202
DETECTORS.
REACTOR PLANT
EQUIPMENT
025 SHIP MAINTENANCE, 1,242,532 1,242,532
REPAIR AND
MODERNIZATION.
026 REACTOR POWER UNITS.. 4,690 4,690
027 REACTOR COMPONENTS... 408,989 408,989
OCEAN ENGINEERING
028 DIVING AND SALVAGE 11,773 11,773
EQUIPMENT.
SMALL BOATS
029 STANDARD BOATS....... 57,262 77,262
Six additional 40- [20,000]
foot Patrol Boats.
PRODUCTION FACILITIES
EQUIPMENT
030 OPERATING FORCES IPE. 174,743 174,743
OTHER SHIP SUPPORT
031 LCS COMMON MISSION 57,313 57,313
MODULES EQUIPMENT.
032 LCS MCM MISSION 94,987 97,187
MODULES.
Mine Countermeasures [2,200]
Mission Package
Capacity and
Wholeness--Navy UPL.
033 LCS ASW MISSION 3,594 3,594
MODULES.
034 LCS SUW MISSION 5,100 5,100
MODULES.
035 LCS IN-SERVICE 76,526 76,526
MODERNIZATION.
036 SMALL & MEDIUM UUV... 49,763 49,763
SHIP SONARS
037 SPQ-9B RADAR......... 12,063 12,063
038 AN/SQQ-89 SURF ASW 141,591 141,591
COMBAT SYSTEM.
039 SSN ACOUSTIC 446,653 446,653
EQUIPMENT.
040 UNDERSEA WARFARE 17,424 17,424
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
041 SUBMARINE ACOUSTIC 31,708 31,708
WARFARE SYSTEM.
042 SSTD................. 14,325 14,325
043 FIXED SURVEILLANCE 266,228 266,228
SYSTEM.
044 SURTASS.............. 25,030 25,030
ELECTRONIC WARFARE
EQUIPMENT
045 AN/SLQ-32............ 292,417 292,417
RECONNAISSANCE
EQUIPMENT
046 SHIPBOARD IW EXPLOIT. 311,210 311,210
047 AUTOMATED 2,487 2,487
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
048 COOPERATIVE 34,500 34,500
ENGAGEMENT
CAPABILITY.
049 NAVAL TACTICAL 19,038 19,038
COMMAND SUPPORT
SYSTEM (NTCSS).
050 ATDLS................ 73,675 73,675
051 NAVY COMMAND AND 3,435 3,435
CONTROL SYSTEM
(NCCS).
052 MINESWEEPING SYSTEM 16,336 16,336
REPLACEMENT.
054 NAVSTAR GPS RECEIVERS 30,439 30,439
(SPACE).
055 AMERICAN FORCES RADIO 2,724 2,724
AND TV SERVICE.
056 STRATEGIC PLATFORM 6,266 6,266
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
057 ASHORE ATC EQUIPMENT. 89,396 89,396
058 AFLOAT ATC EQUIPMENT. 86,732 86,732
059 ID SYSTEMS........... 59,226 59,226
060 JOINT PRECISION 8,186 8,186
APPROACH AND LANDING
SYSTEM (.
061 NAVAL MISSION 26,778 26,778
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
062 MARITIME INTEGRATED 3,520 3,520
BROADCAST SYSTEM.
063 TACTICAL/MOBILE C4I 31,840 31,840
SYSTEMS.
064 DCGS-N............... 15,606 15,606
065 CANES................ 402,550 402,550
066 RADIAC............... 9,062 9,062
067 CANES-INTELL......... 48,665 48,665
068 GPETE................ 23,479 23,479
069 MASF................. 11,792 11,792
070 INTEG COMBAT SYSTEM 6,053 6,053
TEST FACILITY.
071 EMI CONTROL 4,219 4,219
INSTRUMENTATION.
072 ITEMS LESS THAN $5 102,846 102,846
MILLION.
SHIPBOARD
COMMUNICATIONS
073 SHIPBOARD TACTICAL 36,941 36,941
COMMUNICATIONS.
074 SHIP COMMUNICATIONS 101,691 101,691
AUTOMATION.
075 COMMUNICATIONS ITEMS 55,290 55,290
UNDER $5M.
SUBMARINE
COMMUNICATIONS
076 SUBMARINE BROADCAST 91,150 91,150
SUPPORT.
077 SUBMARINE 74,569 74,569
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
078 SATELLITE 39,827 39,827
COMMUNICATIONS
SYSTEMS.
079 NAVY MULTIBAND 24,586 24,586
TERMINAL (NMT).
SHORE COMMUNICATIONS
080 JOINT COMMUNICATIONS 4,699 4,699
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
081 INFO SYSTEMS SECURITY 156,034 156,034
PROGRAM (ISSP).
082 MIO INTEL 1,055 1,055
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
083 CRYPTOLOGIC 18,832 20,332
COMMUNICATIONS EQUIP.
INDOPACOM UFR--SIGINT [1,500]
upgrades.
OTHER ELECTRONIC
SUPPORT
092 COAST GUARD EQUIPMENT 68,556 68,556
SONOBUOYS
094 SONOBUOYS--ALL TYPES. 291,670 303,520
Program increase..... [11,850]
AIRCRAFT SUPPORT
EQUIPMENT
095 MINOTAUR............. 5,247 5,247
096 WEAPONS RANGE SUPPORT 106,209 106,209
EQUIPMENT.
097 AIRCRAFT SUPPORT 275,461 275,461
EQUIPMENT.
098 ADVANCED ARRESTING 22,717 22,717
GEAR (AAG).
099 ELECTROMAGNETIC 18,594 18,594
AIRCRAFT LAUNCH
SYSTEM (EMALS.
100 METEOROLOGICAL 15,175 15,175
EQUIPMENT.
101 LEGACY AIRBORNE MCM.. 4,689 4,689
102 LAMPS EQUIPMENT...... 1,610 1,610
103 AVIATION SUPPORT 86,409 86,409
EQUIPMENT.
104 UMCS-UNMAN CARRIER 136,647 136,647
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
105 SHIP GUN SYSTEMS 5,902 5,902
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
106 HARPOON SUPPORT 217 217
EQUIPMENT.
107 SHIP MISSILE SUPPORT 286,788 292,188
EQUIPMENT.
SPY-1 Low Noise [5,400]
Amplyfier.
108 TOMAHAWK SUPPORT 95,856 95,856
EQUIPMENT.
FBM SUPPORT EQUIPMENT
109 STRATEGIC MISSILE 279,430 279,430
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
110 SSN COMBAT CONTROL 128,874 128,874
SYSTEMS.
111 ASW SUPPORT EQUIPMENT 26,920 26,920
OTHER ORDNANCE
SUPPORT EQUIPMENT
112 EXPLOSIVE ORDNANCE 17,048 17,048
DISPOSAL EQUIP.
113 ITEMS LESS THAN $5 5,938 5,938
MILLION.
OTHER EXPENDABLE
ORDNANCE
114 ANTI-SHIP MISSILE 86,264 86,264
DECOY SYSTEM.
115 SUBMARINE TRAINING 80,591 80,591
DEVICE MODS.
116 SURFACE TRAINING 198,695 198,695
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
117 PASSENGER CARRYING 4,799 4,799
VEHICLES.
118 GENERAL PURPOSE 2,542 2,542
TRUCKS.
119 CONSTRUCTION & 50,619 55,219
MAINTENANCE EQUIP.
GPS laser leveling [4,600]
system.
120 FIRE FIGHTING 16,305 16,305
EQUIPMENT.
121 TACTICAL VEHICLES.... 28,586 28,586
122 POLLUTION CONTROL 2,840 2,840
EQUIPMENT.
123 ITEMS LESS THAN $5 64,311 64,311
MILLION.
124 PHYSICAL SECURITY 1,263 1,263
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
125 SUPPLY EQUIPMENT..... 32,338 32,338
126 FIRST DESTINATION 6,255 6,255
TRANSPORTATION.
127 SPECIAL PURPOSE 613,039 613,039
SUPPLY SYSTEMS.
TRAINING DEVICES
128 TRAINING SUPPORT 1,285 1,285
EQUIPMENT.
129 TRAINING AND 44,618 44,618
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
130 COMMAND SUPPORT 55,728 55,728
EQUIPMENT.
131 MEDICAL SUPPORT 5,325 5,325
EQUIPMENT.
133 NAVAL MIP SUPPORT 6,077 6,077
EQUIPMENT.
134 OPERATING FORCES 16,252 16,252
SUPPORT EQUIPMENT.
135 C4ISR EQUIPMENT...... 6,497 6,497
136 ENVIRONMENTAL SUPPORT 36,592 36,592
EQUIPMENT.
137 PHYSICAL SECURITY 118,598 114,598
EQUIPMENT.
Program decrease..... [-4,000]
138 ENTERPRISE 29,407 29,407
INFORMATION
TECHNOLOGY.
OTHER
142 NEXT GENERATION 201,314 201,314
ENTERPRISE SERVICE.
143 CYBERSPACE ACTIVITIES 5,018 5,018
144 CYBER MISSION FORCES. 17,115 17,115
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 17,295 17,295
SPARES AND REPAIR
PARTS
145 SPARES AND REPAIR 532,313 682,313
PARTS.
Navy UFR--Maritime [150,000]
spares outfitting.
146 UNDISTRIBUTED........ 369,826
Inflation effects.... [369,826]
TOTAL OTHER 11,746,503 12,262,311
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 5,653 5,653
002 AMPHIBIOUS COMBAT 536,678 527,079
VEHICLE FAMILY OF
VEHICLES.
Excess growth-- [-9,599]
integrated logistics
support.
003 LAV PIP.............. 57,099 55,739
M&S tactical [-1,360]
communication
modernization kits
previously funded.
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 1,782 1,782
TOWED HOWITZER.
005 ARTILLERY WEAPONS 143,808 143,808
SYSTEM.
006 WEAPONS AND COMBAT 11,118 11,118
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
007 TOMAHAWK............. 42,958 42,958
008 NAVAL STRIKE MISSILE 174,369 174,369
(NSM).
009 GROUND BASED AIR 173,801 173,801
DEFENSE.
010 ANTI-ARMOR MISSILE- 18,495 17,205
JAVELIN.
Guided missile unit [-1,290]
cost growth.
011 FAMILY ANTI-ARMOR 21,419 21,419
WEAPON SYSTEMS
(FOAAWS).
012 ANTI-ARMOR MISSILE- 663 663
TOW.
013 GUIDED MLRS ROCKET 7,605 7,605
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
014 COMMON AVIATION 30,292 30,292
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
015 REPAIR AND TEST 58,024 54,684
EQUIPMENT.
Unjustified growth-- [-3,340]
CBM+ test systems.
OTHER SUPPORT (TEL)
016 MODIFICATION KITS.... 293 293
COMMAND AND CONTROL
SYSTEM (NON-TEL)
017 ITEMS UNDER $5 83,345 83,345
MILLION (COMM &
ELEC).
018 AIR OPERATIONS C2 11,048 11,048
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
019 GROUND/AIR TASK 61,943 411,943
ORIENTED RADAR (G/
ATOR).
USMC UFR--AN/TPS-80 G/ [350,000]
ATOR radar.
INTELL/COMM EQUIPMENT
(NON-TEL)
020 GCSS-MC.............. 1,663 1,663
021 FIRE SUPPORT SYSTEM.. 48,322 48,322
022 INTELLIGENCE SUPPORT 182,894 167,894
EQUIPMENT.
Program decrease..... [-15,000]
024 UNMANNED AIR SYSTEMS 47,595 43,358
(INTEL).
Short range/ short [-4,237]
endurance unit cost
growth.
025 DCGS-MC.............. 47,998 47,998
026 UAS PAYLOADS......... 8,619 8,619
OTHER SUPPORT (NON-
TEL)
029 MARINE CORPS 276,763 258,020
ENTERPRISE NETWORK
(MCEN).
Excess growth--end [-18,743]
user devices.
030 COMMON COMPUTER 40,096 40,096
RESOURCES.
031 COMMAND POST SYSTEMS. 58,314 58,314
032 RADIO SYSTEMS........ 612,450 599,593
Program decrease..... [-12,857]
033 COMM SWITCHING & 51,976 51,976
CONTROL SYSTEMS.
034 COMM & ELEC 26,029 26,029
INFRASTRUCTURE
SUPPORT.
035 CYBERSPACE ACTIVITIES 17,759 17,759
036 CYBER MISSION FORCES. 4,036 4,036
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 3,884 3,884
ADMINISTRATIVE
VEHICLES
039 COMMERCIAL CARGO 35,179 33,161
VEHICLES.
Unjustified request-- [-2,018]
garrison
transportation and
management.
TACTICAL VEHICLES
040 MOTOR TRANSPORT 17,807 17,807
MODIFICATIONS.
041 JOINT LIGHT TACTICAL 222,257 222,257
VEHICLE.
043 TRAILERS............. 2,721 2,721
ENGINEER AND OTHER
EQUIPMENT
045 TACTICAL FUEL SYSTEMS 7,854 7,854
046 POWER EQUIPMENT 5,841 5,841
ASSORTED.
047 AMPHIBIOUS SUPPORT 38,120 38,120
EQUIPMENT.
048 EOD SYSTEMS.......... 201,047 191,047
Unjustified growth-- [-10,000]
MEGFoS.
MATERIALS HANDLING
EQUIPMENT
049 PHYSICAL SECURITY 69,967 65,967
EQUIPMENT.
Prior year under [-4,000]
execution.
GENERAL PROPERTY
050 FIELD MEDICAL 21,780 21,780
EQUIPMENT.
051 TRAINING DEVICES..... 86,272 74,774
Unjustified growth... [-11,498]
052 FAMILY OF 27,605 27,605
CONSTRUCTION
EQUIPMENT.
053 ULTRA-LIGHT TACTICAL 15,033 15,033
VEHICLE (ULTV).
OTHER SUPPORT
054 ITEMS LESS THAN $5 26,433 26,433
MILLION.
SPARES AND REPAIR
PARTS
055 SPARES AND REPAIR 34,799 34,799
PARTS.
056 UNDISTRIBUTED........ 123,755
Inflation effects.... [123,755]
TOTAL PROCUREMENT, 3,681,506 4,061,319
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC OFFENSIVE
001 B-21 RAIDER.......... 1,498,431 1,498,431
002 B-21 RAIDER.......... 288,165 288,165
TACTICAL FORCES
003 F-35................. 3,320,757 4,093,757
Air Force UFR-- [658,000]
additional F-35A
aircraft.
Technical realignment [115,000]
004 F-35................. 594,886 180,658
EOQ unjustified [-243,184]
request.
Long-lead excess to [-56,044]
need due to
decreased out-year
quantities.
Realignment of funds [-115,000]
to line 3.
005 F-15EX............... 2,422,348 2,422,348
006 F-15EX............... 264,000 264,000
TACTICAL AIRLIFT
007 KC-46A MDAP.......... 2,684,503 2,684,503
OTHER AIRLIFT
008 C-130J............... 75,293 75,293
009 MC-130J.............. 40,351 40,351
UPT TRAINERS
011 ADVANCED TRAINER 10,507 10,507
REPLACEMENT T-X.
HELICOPTERS
012 MH-139A.............. 156,192 156,192
013 COMBAT RESCUE 707,018 1,048,118
HELICOPTER.
Additional aircraft.. [350,000]
Unit cost excess to [-8,900]
need.
MISSION SUPPORT
AIRCRAFT
015 CIVIL AIR PATROL A/C. 2,952 11,600
Program increase..... [8,648]
OTHER AIRCRAFT
016 TARGET DRONES........ 128,906 128,906
017 COMPASS CALL......... 553,700
Air Force UFR--EC-37B [553,700]
aircraft.
018 E-11 BACN/HAG........ 67,260 66,847
Realignment of funds. [-413]
019 MQ-9................. 17,039 16,039
Early to need-- [-1,000]
production shutdown.
021 AGILITY PRIME 3,612 3,612
PROCUREMENT.
STRATEGIC AIRCRAFT
022 B-2A................. 106,752 91,771
ACS kits ahead of [-14,981]
need.
023 B-1B................. 36,313 33,813
Program decrease..... [-2,500]
024 B-52................. 127,854 120,909
Realignment of funds [-4,293]
for B-52 Crypto Mod
upgrade spares.
Realignment of funds [-2,652]
for B-52 VLF/LF
spares.
025 LARGE AIRCRAFT 25,286 25,286
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
026 A-10................. 83,972 83,972
027 E-11 BACN/HAG........ 10,309 10,309
028 F-15................. 194,379 194,379
029 F-16................. 700,455 685,955
Overestimation of [-14,500]
SLEP induction rate.
030 F-22A................ 764,222 764,222
031 F-35 MODIFICATIONS... 414,382 414,382
032 F-15 EPAW............ 259,837 259,837
034 KC-46A MDAP.......... 467 467
AIRLIFT AIRCRAFT
035 C-5.................. 46,027 15,673
Realignment of funds. [-18,000]
Realignment of funds [-12,354]
to line 64.
036 C-17A................ 152,009 157,509
Air Force realignment [5,500]
of funds.
037 C-32A................ 4,068 4,068
038 C-37A................ 6,062 6,062
TRAINER AIRCRAFT
039 GLIDER MODS.......... 149 149
040 T-6.................. 6,215 6,215
041 T-1.................. 6,262 6,262
042 T-38................. 111,668 161,168
Ejection Seat Upgrade [49,500]
OTHER AIRCRAFT
044 U-2 MODS............. 81,650 81,650
045 KC-10A (ATCA)........ 3,443 2,043
Unjustified growth... [-1,400]
046 C-21................. 2,024 2,024
047 VC-25A MOD........... 2,146 2,146
048 C-40................. 2,197 2,197
049 C-130................ 114,268 148,748
Air Force realignment [17,500]
of funds.
Modular airborne [20,000]
firefighting system.
Overestimation of AMP [-3,020]
inc 2 install cost.
050 C-130J MODS.......... 112,299 112,299
051 C-135................ 149,023 163,523
Air Force realignment [19,500]
of funds.
Program decrease..... [-5,000]
052 COMPASS CALL......... 16,630 337,230
Air Force UFR--EC-37B [320,600]
group A & B kits and
spare components.
053 RC-135............... 212,828 252,828
INDOPACOM UFR--SIGINT [600]
upgrades.
RC-135 navigation [39,400]
upgrades.
054 E-3.................. 54,247 54,247
055 E-4.................. 5,973 5,973
056 E-8.................. 16,610 0
Program decrease..... [-16,610]
059 H-1.................. 1,757 1,757
060 H-60................. 10,820 10,820
061 COMBAT RESCUE 3,083 3,083
HELICOPTER
MODIFICATION.
062 RQ-4 MODS............ 1,286 1,286
063 HC/MC-130 138,956 109,785
MODIFICATIONS.
MC/AC MUOS [-9,171]
installations ahead
of need.
Realignment of funds. [-20,000]
064 OTHER AIRCRAFT....... 29,029 41,796
Realignment of funds. [12,767]
065 MQ-9 MODS............ 64,370 211,507
Multi-Domain [150,700]
Operations
modernization.
Unjustified cost--MQ- [-3,563]
9 Upgrade.
067 SENIOR LEADER C3, 24,784 24,784
SYSTEM--AIRCRAFT.
068 CV-22 MODS........... 153,026 153,026
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 623,661 734,767
PARTS.
Air Force UFR--EC-37B [9,361]
spare components.
Air Force UFR--EC-37B [94,800]
spare engines.
Realignment of funds [4,293]
for B-52 Crypto Mod
upgrade spares.
Realignment of funds [2,652]
for B-52 VLF/LF
spares.
COMMON SUPPORT
EQUIPMENT
070 AIRCRAFT REPLACEMENT 138,935 138,935
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
071 B-2A................. 1,802 1,802
072 B-2B................. 36,325 36,325
073 B-52................. 5,883 5,883
074 F-15................. 2,764 2,764
075 F-16................. 5,102 5,102
077 MQ9 POST PROD........ 7,069 7,069
078 RQ-4 POST PRODUCTION 40,845 40,845
CHARGES.
082 C-5 POST PRODUCTION 18,000
SUPPORT.
Realignment of funds. [18,000]
083 HC/MC-130J POST 20,000
PRODUCTION SUPPORT.
Realignment of funds. [20,000]
INDUSTRIAL
PREPAREDNESS
079 INDUSTRIAL 19,128 19,128
RESPONSIVENESS.
WAR CONSUMABLES
080 WAR CONSUMABLES...... 31,165 31,165
OTHER PRODUCTION
CHARGES
081 OTHER PRODUCTION 1,047,300 1,047,300
CHARGES.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 18,092 63,092
Air Force UFR--F-35A [45,000]
classified item.
999 UNDISTRIBUTED........ 633,490
Inflation effects.... [633,490]
TOTAL AIRCRAFT 18,517,428 21,113,854
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 57,476 57,476
EQ-BALLISTIC.
STRATEGIC
004 LONG RANGE STAND-OFF 31,454 31,454
WEAPON.
TACTICAL
005 REPLAC EQUIP & WAR 30,510 30,510
CONSUMABLES.
006 AGM-183A AIR-LAUNCHED 46,566 0
RAPID RESPONSE
WEAPON.
Realignment of funds. [-46,566]
007 JOINT AIR-SURFACE 784,971 861,971
STANDOFF MISSILE.
Defense Industrial [77,000]
Base (DIB) Expansion
for JASSM.
008 LRASM0............... 114,025 114,025
009 SIDEWINDER (AIM-9X).. 111,855 111,855
010 AMRAAM............... 320,056 340,056
AIM-120 Advanced [20,000]
Medium-Range Air-to-
Air Missile
(AMRAAM)--Advanced
Procurement.
011 PREDATOR HELLFIRE 1,040 1,040
MISSILE.
012 SMALL DIAMETER BOMB.. 46,475 46,475
013 SMALL DIAMETER BOMB 279,006 429,006
II.
Air Force UFR-- [150,000]
additional small
diameter bomb II.
014 STAND-IN ATTACK 77,975 77,975
WEAPON (SIAW).
INDUSTRIAL FACILITIES
015 INDUSTR'L PREPAREDNS/ 868 150,868
POL PREVENTION.
Defense Industrial [150,000]
Base (DIB) Expansion
for Industrial
Preparedness.
CLASS IV
018 ICBM FUZE MOD........ 99,691 99,691
019 ICBM FUZE MOD........ 37,673 37,673
020 MM III MODIFICATIONS. 68,193 68,193
022 AIR LAUNCH CRUISE 33,778 108,778
MISSILE (ALCM).
Defense Industrial [75,000]
Base (DIB) Expansion
for Gas Turbine
Engines, Control
Actuation Systems,
and Antennas.
MISSILE SPARES AND
REPAIR PARTS
023 MSL SPRS/REPAIR PARTS 15,354 15,354
(INITIAL).
024 MSL SPRS/REPAIR PARTS 62,978 62,978
(REPLEN).
SPECIAL PROGRAMS
028 SPECIAL UPDATE 36,933 36,933
PROGRAMS.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 705,540 705,540
999 UNDISTRIBUTED........ 61,064
Inflation effects.... [61,064]
TOTAL MISSILE 2,962,417 3,448,915
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 22,190 22,190
CARTRIDGES
002 CARTRIDGES........... 124,164 124,164
BOMBS
004 GENERAL PURPOSE BOMBS 162,800 162,800
005 MASSIVE ORDNANCE 19,743 19,743
PENETRATOR (MOP).
006 JOINT DIRECT ATTACK 251,956 251,956
MUNITION.
OTHER ITEMS
008 CAD/PAD.............. 50,473 50,473
009 EXPLOSIVE ORDNANCE 6,343 6,343
DISPOSAL (EOD).
010 SPARES AND REPAIR 573 573
PARTS.
012 FIRST DESTINATION 1,903 1,903
TRANSPORTATION.
013 ITEMS LESS THAN 5,014 5,014
$5,000,000.
FLARES
014 EXPENDABLE 120,548 120,548
COUNTERMEASURES.
FUZES
015 FUZES................ 121,528 121,528
SMALL ARMS
016 SMALL ARMS........... 16,395 16,395
017 UNDISTRIBUTED........ 23,395
Inflation effects.... [23,395]
TOTAL PROCUREMENT OF 903,630 927,025
AMMUNITION, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
002 AF SATELLITE COMM 51,414 51,414
SYSTEM.
003 COUNTERSPACE SYSTEMS. 62,691 62,691
004 FAMILY OF BEYOND LINE- 26,394 26,394
OF-SIGHT TERMINALS.
005 WIDEBAND GAPFILLER 21,982 21,982
SATELLITES (SPACE).
006 GENERAL INFORMATION 5,424 5,424
TECH--SPACE.
007 GPSIII FOLLOW ON..... 657,562 646,962
Excess to need....... [-10,600]
008 GPS III SPACE SEGMENT 103,340 103,340
009 GLOBAL POSTIONING 950 950
(SPACE).
010 HERITAGE TRANSITION.. 21,896 21,896
011 SPACEBORNE EQUIP 29,587 24,083
(COMSEC).
Cost growth.......... [-5,504]
012 MILSATCOM............ 29,333 29,333
013 SBIR HIGH (SPACE).... 148,666 148,666
014 SPECIAL SPACE 817,484 805,484
ACTIVITIES.
Underexecution....... [-12,000]
015 MOBILE USER OBJECTIVE 46,833 46,833
SYSTEM.
016 NATIONAL SECURITY 1,056,133 1,025,533
SPACE LAUNCH.
Excess to need....... [-30,600]
017 NUDET DETECTION 7,062 7,062
SYSTEM.
018 PTES HUB............. 42,464 42,464
019 ROCKET SYSTEMS LAUNCH 39,145 39,145
PROGRAM.
020 SPACE DEVELOPMENT 314,288 714,288
AGENCY LAUNCH.
Realignment of funds. [200,000]
Space Force UFR-- [200,000]
accelerate resilient
missile warning/
missile tracking.
022 SPACE MODS........... 73,957 73,957
023 SPACELIFT RANGE 71,712 71,712
SYSTEM SPACE.
SPARES
024 SPARES AND REPAIR 1,352 1,352
PARTS.
025 UNDISTRIBUTED........ 106,161
Inflation effects.... [106,161]
TOTAL PROCUREMENT, 3,629,669 4,077,126
SPACE FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 2,446 2,446
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 1,125 1,125
VEHICLE.
003 CAP VEHICLES......... 999 1,900
Program increase..... [901]
004 CARGO AND UTILITY 35,220 35,220
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 60,461 60,461
VEHICLE.
006 SECURITY AND TACTICAL 382 382
VEHICLES.
007 SPECIAL PURPOSE 49,623 49,623
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 11,231 11,231
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 12,559 12,559
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 6,409 6,409
CLEANING EQU.
011 BASE MAINTENANCE 72,012 72,012
SUPPORT VEHICLES.
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 96,851 96,851
014 STRATEGIC 467,901 467,901
MICROELECTRONIC
SUPPLY SYSTEM.
INTELLIGENCE PROGRAMS
015 INTERNATIONAL INTEL 7,043 7,043
TECH & ARCHITECTURES.
016 INTELLIGENCE TRAINING 2,424 2,424
EQUIPMENT.
017 INTELLIGENCE COMM 25,308 25,308
EQUIPMENT.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 65,531 65,531
LANDING SYS.
019 BATTLE CONTROL 1,597 1,597
SYSTEM--FIXED.
020 THEATER AIR CONTROL 9,611 9,611
SYS IMPROVEMEN.
021 3D EXPEDITIONARY LONG- 174,640 167,140
RANGE RADAR.
Program decrease..... [-7,500]
022 WEATHER OBSERVATION 20,658 20,658
FORECAST.
023 STRATEGIC COMMAND AND 93,351 86,220
CONTROL.
Worldwide Joint [-7,131]
Strategic
Communications
realignment of funds.
024 CHEYENNE MOUNTAIN 6,118 6,118
COMPLEX.
025 MISSION PLANNING 13,947 13,947
SYSTEMS.
SPCL COMM-ELECTRONICS
PROJECTS
028 GENERAL INFORMATION 101,517 101,517
TECHNOLOGY.
029 AF GLOBAL COMMAND & 2,487 2,487
CONTROL SYS.
030 BATTLEFIELD AIRBORNE 32,807 32,807
CONTROL NODE (BACN).
031 MOBILITY COMMAND AND 10,210 10,210
CONTROL.
035 COMBAT TRAINING 134,213 134,213
RANGES.
036 MINIMUM ESSENTIAL 66,294 66,294
EMERGENCY COMM N.
037 WIDE AREA 29,518 29,518
SURVEILLANCE (WAS).
038 C3 COUNTERMEASURES... 55,324 55,324
040 GCSS-AF FOS.......... 786 786
042 MAINTENANCE REPAIR & 248 248
OVERHAUL INITIATIVE.
043 THEATER BATTLE MGT C2 275 275
SYSTEM.
044 AIR & SPACE 2,611 2,611
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
046 BASE INFORMATION 29,791 29,791
TRANSPT INFRAST
(BITI) WIRED.
047 AFNET................ 83,320 83,320
048 JOINT COMMUNICATIONS 5,199 5,199
SUPPORT ELEMENT
(JCSE).
049 USCENTCOM............ 11,896 11,896
050 USSTRATCOM........... 4,619 4,619
ORGANIZATION AND BASE
051 TACTICAL C-E 120,050 120,050
EQUIPMENT.
052 RADIO EQUIPMENT...... 14,053 14,053
054 BASE COMM 91,313 96,363
INFRASTRUCTURE.
NORTHCOM UFR--Long [5,050]
range radar sites
digitilization
upgrades.
MODIFICATIONS
055 COMM ELECT MODS...... 167,419 167,419
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 89,484 89,484
PERSONAL SAFETY &
RESCUE EQUIP
056 PERSONAL SAFETY AND 92,995 92,995
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
057 POWER CONDITIONING 12,199 12,199
EQUIPMENT.
058 MECHANIZED MATERIAL 9,326 9,326
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
059 BASE PROCURED 52,890 52,890
EQUIPMENT.
060 ENGINEERING AND EOD 231,552 231,552
EQUIPMENT.
061 MOBILITY EQUIPMENT... 28,758 28,758
062 FUELS SUPPORT 21,740 21,740
EQUIPMENT (FSE).
SPECIAL SUPPORT
PROJECTS
065 DARP RC135........... 28,153 28,153
066 DCGS-AF.............. 217,713 217,713
070 SPECIAL UPDATE 978,499 978,499
PROGRAM.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 21,702,225 21,702,225
SPARES AND REPAIR
PARTS
071 SPARES AND REPAIR 1,007 1,007
PARTS (CYBER).
072 SPARES AND REPAIR 23,175 23,175
PARTS.
073 UNDISTRIBUTED........ 189,283
Inflation effects.... [189,283]
TOTAL OTHER 25,691,113 25,871,716
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
025 MAJOR EQUIPMENT, DPAA 513 513
050 MAJOR EQUIPMENT, OSD. 64,291 67,291
Project Spectrum..... [3,000]
MAJOR EQUIPMENT, NSA
047 INFORMATION SYSTEMS 6,738 6,738
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, WHS
054 MAJOR EQUIPMENT, WHS. 310 310
MAJOR EQUIPMENT, DISA
011 INFORMATION SYSTEMS 24,044 24,044
SECURITY.
012 TELEPORT PROGRAM..... 50,475 50,475
013 JOINT FORCES 674 674
HEADQUARTERS--DODIN.
014 ITEMS LESS THAN $5 46,614 46,614
MILLION.
015 DEFENSE INFORMATION 87,345 87,345
SYSTEM NETWORK.
016 WHITE HOUSE 130,145 130,145
COMMUNICATION AGENCY.
017 SENIOR LEADERSHIP 47,864 47,864
ENTERPRISE.
018 JOINT REGIONAL 17,135 10,135
SECURITY STACKS
(JRSS).
Program decrease..... [-7,000]
019 JOINT SERVICE 86,183 86,183
PROVIDER.
020 FOURTH ESTATE NETWORK 42,756 42,756
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
022 MAJOR EQUIPMENT...... 24,501 24,501
MAJOR EQUIPMENT, DCSA
001 MAJOR EQUIPMENT...... 2,346 2,346
MAJOR EQUIPMENT, TJS
052 MAJOR EQUIPMENT, TJS. 3,900 3,900
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
030 THAAD................ 74,994 239,994
15 additional THAAD [165,000]
interceptors.
031 GROUND BASED 11,300 11,300
MIDCOURSE.
032 AEGIS BMD............ 402,235 402,235
034 BMDS AN/TPY-2 RADARS. 4,606 4,606
035 SM-3 IIAS............ 337,975 589,975
Production increase.. [252,000]
036 ARROW 3 UPPER TIER 80,000 80,000
SYSTEMS.
037 SHORT RANGE BALLISTIC 40,000 40,000
MISSILE DEFENSE
(SRBMD).
038 DEFENSE OF GUAM 26,514 26,514
PROCUREMENT.
039 AEGIS ASHORE PHASE 30,056 30,056
III.
040 IRON DOME............ 80,000 80,000
041 AEGIS BMD HARDWARE 78,181 78,181
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL 4,522 4,522
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
027 VEHICLES............. 139 139
028 OTHER MAJOR EQUIPMENT 14,296 14,296
MAJOR EQUIPMENT,
DODEA
024 AUTOMATION/ 2,048 2,048
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT,
DMACT
023 MAJOR EQUIPMENT...... 11,117 11,117
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 681,894 681,894
AVIATION PROGRAMS
055 ARMED OVERWATCH/ 246,000 246,000
TARGETING.
056 MANNED ISR........... 5,000 5,000
057 MC-12................ 3,344 3,344
059 ROTARY WING UPGRADES 214,575 210,283
AND SUSTAINMENT.
Excess to need....... [-4,292]
060 UNMANNED ISR......... 41,749 41,749
061 NON-STANDARD AVIATION 7,156 7,156
062 U-28................. 4,589 4,589
063 MH-47 CHINOOK........ 133,144 133,144
064 CV-22 MODIFICATION... 75,629 83,215
CV-22 & MC-130J Link- [7,586]
16 TacNet tactical
receiver.
065 MQ-9 UNMANNED AERIAL 9,000 9,000
VEHICLE.
066 PRECISION STRIKE 57,450 57,450
PACKAGE.
067 AC/MC-130J........... 225,569 222,869
Excess to need....... [-2,700]
068 C-130 MODIFICATIONS.. 11,945 16,893
CV-22 & MC-130J Link- [4,948]
16 TacNet tactical
receiver.
SHIPBUILDING
069 UNDERWATER SYSTEMS... 45,631 45,631
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS <$5M.. 151,233 154,938
Maritime Scalable [3,705]
Effects (MSE)
Electronic Warfare
System Acceleration.
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS. 175,616 219,094
SOCOM Enclosed Spaces [15,000]
Reconnaissance
Collection Suite
(ESRCS).
Stalker VXE Block 30 [28,478]
Vertical Takeoff &
Landing (VTOL)
Acceleration.
072 DISTRIBUTED COMMON 2,214 2,214
GROUND/SURFACE
SYSTEMS.
073 OTHER ITEMS <$5M..... 98,096 96,134
Excess to need....... [-1,962]
074 COMBATANT CRAFT 85,566 85,566
SYSTEMS.
075 SPECIAL PROGRAMS..... 20,042 249,042
Medium Fixed Wing [229,000]
Recapitalization.
076 TACTICAL VEHICLES.... 51,605 59,605
PB-NSCV.............. [8,000]
077 WARRIOR SYSTEMS <$5M. 306,846 352,992
AFSOC Force [18,730]
Generation
(AFSOFORGEN)
Tactical
Communications
(TACCOM).
Counter Unmanned [33,553]
Systems (CUxS)
Procurement
Acceleration.
Excess to need....... [-6,137]
078 COMBAT MISSION 4,991 4,991
REQUIREMENTS.
080 OPERATIONAL 18,723 18,723
ENHANCEMENTS
INTELLIGENCE.
081 OPERATIONAL 347,473 358,227
ENHANCEMENTS.
Intelligence, [10,754]
Surveillance, and
Reconnaissance (ISR)
Transceivers
Acceleration.
CBDP
082 CHEMICAL BIOLOGICAL 199,439 192,747
SITUATIONAL
AWARENESS.
Unjustified growth... [-6,692]
083 CB PROTECTION & 187,164 187,164
HAZARD MITIGATION.
084 UNDISTRIBUTED........ 149,308
Inflation effects.... [149,308]
TOTAL PROCUREMENT, 5,245,500 6,145,779
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
001 UNDISTRIBUTED........ 50,000
Program increase..... [50,000]
TOTAL NATIONAL GUARD 50,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT.... 144,219,205 163,148,867
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2023 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
001 0601102A DEFENSE RESEARCH SCIENCES......... 279,328 345,194
.................................. Basic research increase........... [55,866]
.................................. Counter-UAS technologies.......... [5,000]
.................................. Data exchange system for a secure [5,000]
digital engineering environment.
002 0601103A UNIVERSITY RESEARCH INITIATIVES... 70,775 90,775
.................................. Defense University Research [20,000]
Instrumentation Program.
003 0601104A UNIVERSITY AND INDUSTRY RESEARCH 100,909 109,909
CENTERS.
.................................. Automotive Research Center........ [5,000]
.................................. Biotechnology..................... [4,000]
004 0601121A CYBER COLLABORATIVE RESEARCH 5,355 5,355
ALLIANCE.
005 0601601A ARTIFICIAL INTELLIGENCE AND 10,456 10,456
MACHINE LEARNING BASIC RESEARCH.
.................................. SUBTOTAL BASIC RESEARCH........... 466,823 561,689
..................................
.................................. APPLIED RESEARCH
006 0602002A ARMY AGILE INNOVATION AND 9,534 9,534
DEVELOPMENT-APPLIED RESEARCH.
008 0602134A COUNTER IMPROVISED-THREAT ADVANCED 6,192 6,192
STUDIES.
009 0602141A LETHALITY TECHNOLOGY.............. 87,717 117,717
.................................. Collaborative networked armament [25,000]
lethality and fire control.
.................................. Turret gunner survivability and [5,000]
simulation.
010 0602142A ARMY APPLIED RESEARCH............. 27,833 27,833
011 0602143A SOLDIER LETHALITY TECHNOLOGY...... 103,839 138,539
.................................. Advanced textiles and shelters.... [6,000]
.................................. Footwear research................. [4,000]
.................................. Future Force Requirements [5,000]
Experimentation program.
.................................. Pathfinder........................ [10,000]
.................................. Program increase--digital night [9,700]
vision technology.
012 0602144A GROUND TECHNOLOGY................. 52,848 88,848
.................................. Cold and complex environments [9,000]
sensing research.
.................................. Earthen structures soil [2,000]
enhancement.
.................................. High performance polymer [10,000]
composites and coatings.
.................................. High temperature polymeric [5,000]
materials.
.................................. Polar proving ground and training [5,000]
program.
.................................. Unmanned mobility................. [5,000]
013 0602145A NEXT GENERATION COMBAT VEHICLE 174,090 180,090
TECHNOLOGY.
.................................. Structural thermoplastics......... [6,000]
014 0602146A NETWORK C3I TECHNOLOGY............ 64,115 107,615
.................................. AI for position, navigation, and [6,000]
timing.
.................................. Alternative position, navigation, [15,000]
and timing.
.................................. Portable Doppler radar............ [7,500]
.................................. Secure anti-tamper................ [15,000]
015 0602147A LONG RANGE PRECISION FIRES 43,029 79,779
TECHNOLOGY.
.................................. Carbon-carbon high-temperature [5,000]
composites.
.................................. Low cost missile technology [10,000]
development.
.................................. Precision long range integrated [6,750]
strike missile.
.................................. Program increase--aluminum lithium [15,000]
alloy solid rocket advancement.
016 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 69,348 76,848
.................................. High density eVTOL power source... [7,500]
017 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 27,016 59,016
.................................. CEMA missile defender............. [12,000]
.................................. Counter-UAS Center of Excellence.. [5,000]
.................................. High energy laser engagement [15,000]
technologies.
018 0602180A ARTIFICIAL INTELLIGENCE AND 16,454 16,454
MACHINE LEARNING TECHNOLOGIES.
019 0602181A ALL DOMAIN CONVERGENCE APPLIED 27,399 27,399
RESEARCH.
020 0602182A C3I APPLIED RESEARCH.............. 27,892 27,892
021 0602183A AIR PLATFORM APPLIED RESEARCH..... 41,588 41,588
022 0602184A SOLDIER APPLIED RESEARCH.......... 15,716 15,716
023 0602213A C3I APPLIED CYBER................. 13,605 13,605
024 0602386A BIOTECHNOLOGY FOR MATERIALS-- 21,919 96,919
APPLIED RESEARCH.
.................................. Tri-Service Biotechnology for a [75,000]
Resilient Supply Chain /
Biotechnology for Materials.
025 0602785A MANPOWER/PERSONNEL/TRAINING 19,649 19,649
TECHNOLOGY.
026 0602787A MEDICAL TECHNOLOGY................ 33,976 33,976
.................................. SUBTOTAL APPLIED RESEARCH......... 883,759 1,185,209
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
027 0603002A MEDICAL ADVANCED TECHNOLOGY....... 5,207 16,907
.................................. CPF--U.S. Army Battlefield [1,700]
Exercise and Combat Related
Traumatic Brain and Spinal Injury
Research.
.................................. Hearing protection for [5,000]
communications.
.................................. Research effects of head-supported [5,000]
mass on cervical spine health.
028 0603007A MANPOWER, PERSONNEL AND TRAINING 15,598 15,598
ADVANCED TECHNOLOGY.
029 0603025A ARMY AGILE INNOVATION AND 20,900 20,900
DEMONSTRATION.
030 0603040A ARTIFICIAL INTELLIGENCE AND 6,395 6,395
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
031 0603041A ALL DOMAIN CONVERGENCE ADVANCED 45,463 45,463
TECHNOLOGY.
032 0603042A C3I ADVANCED TECHNOLOGY........... 12,716 12,716
033 0603043A AIR PLATFORM ADVANCED TECHNOLOGY.. 17,946 17,946
034 0603044A SOLDIER ADVANCED TECHNOLOGY....... 479 10,499
.................................. CPF--Advancing Military [2,890]
Exoskeleton Technology State-of-
The-Art Project.
.................................. CPF--Building 2, Doriot Climatic [3,630]
Chambers, Exterior Repair.
.................................. CPF--Small Unit Digital Twin for [3,500]
Robotic and Sensor Systems
Integration.
036 0603116A LETHALITY ADVANCED TECHNOLOGY..... 9,796 9,796
037 0603117A ARMY ADVANCED TECHNOLOGY 134,874 134,874
DEVELOPMENT.
038 0603118A SOLDIER LETHALITY ADVANCED 100,935 105,935
TECHNOLOGY.
.................................. Sensored head-borne suspension [5,000]
systems.
039 0603119A GROUND ADVANCED TECHNOLOGY........ 32,546 68,546
.................................. Additive manufacturing with [15,000]
indigenous materials.
.................................. Cold Regions Research and [10,000]
Engineering Laboratory.
.................................. Graphene-enabled technologies for [5,000]
ground combat operations.
.................................. Printed infrastructure and cold [6,000]
weather construction capabilities.
040 0603134A COUNTER IMPROVISED-THREAT 21,486 21,486
SIMULATION.
041 0603386A BIOTECHNOLOGY FOR MATERIALS-- 56,853 56,853
ADVANCED RESEARCH.
042 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 41,354 41,354
043 0603461A HIGH PERFORMANCE COMPUTING 251,964 301,964
MODERNIZATION PROGRAM.
.................................. Program increase.................. [50,000]
044 0603462A NEXT GENERATION COMBAT VEHICLE 193,242 254,742
ADVANCED TECHNOLOGY.
.................................. Autonomous ground vehicle [5,000]
cybersecurity.
.................................. Combat vehicle hybrid-electric [5,500]
transmissions.
.................................. Digital enterprise technology..... [15,000]
.................................. Electrified vehicle infrared [5,000]
signature management.
.................................. HTPEM APU......................... [10,000]
.................................. Lithium 6T battery development.... [8,000]
.................................. Multi-Service Electro-Optical [3,000]
Signature code modernization.
.................................. Synthetic graphite research....... [10,000]
045 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 125,565 135,565
.................................. PNT situational awareness tools [10,000]
and techniques.
046 0603464A LONG RANGE PRECISION FIRES 100,830 166,230
ADVANCED TECHNOLOGY.
.................................. Autoloader development............ [21,400]
.................................. Extended Range Artillery Munition [5,000]
Suite.
.................................. Hypersonic and strategic materials [20,000]
and structures.
.................................. Maneuvering submunitions.......... [9,000]
.................................. Missile Multi Agent eXtensible [10,000]
Engagement Services (MAXES).
047 0603465A FUTURE VERTICAL LIFT ADVANCED 177,836 179,836
TECHNOLOGY.
.................................. Program increase--Additive [2,000]
manufacturing.
048 0603466A AIR AND MISSILE DEFENSE ADVANCED 11,147 43,147
TECHNOLOGY.
.................................. Counter-Unmanned Aerial Systems [20,000]
Palatized-High Energy Laser.
.................................. Integration of distributed gain [12,000]
HEL laser weapon system.
049 0603920A HUMANITARIAN DEMINING............. 8,933 8,933
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,392,065 1,675,685
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
050 0603305A ARMY MISSLE DEFENSE SYSTEMS 12,001 34,001
INTEGRATION.
.................................. Mobile Solid State High Power [12,000]
Microwave.
.................................. Sensing, Modeling, Analysis, [10,000]
Requirements, and Testing.
051 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 17,945 17,945
053 0603619A LANDMINE WARFARE AND BARRIER--ADV 64,001 64,001
DEV.
054 0603639A TANK AND MEDIUM CALIBER AMMUNITION 64,669 64,669
055 0603645A ARMORED SYSTEM MODERNIZATION--ADV 49,944 87,444
DEV.
.................................. AMPV--Hybrid electric vehicle..... [37,500]
056 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 4,060 4,060
057 0603766A TACTICAL ELECTRONIC SURVEILLANCE 72,314 72,314
SYSTEM--ADV DEV.
058 0603774A NIGHT VISION SYSTEMS ADVANCED 18,048 117,048
DEVELOPMENT.
.................................. IVAS--Army requested realignment [99,000]
from Procurement.
059 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 31,249 38,749
DEM/VAL.
.................................. Underwater Demilitarization of [7,500]
Munitions.
060 0603790A NATO RESEARCH AND DEVELOPMENT..... 3,805 3,805
061 0603801A AVIATION--ADV DEV................. 1,162,344 1,180,484
.................................. Future Long Range Assault Aircraft [23,000]
(FLRAA).
.................................. Unjustified growth--FLRAA MTA [-4,860]
program management.
062 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 9,638 9,638
ADV DEV.
063 0603807A MEDICAL SYSTEMS--ADV DEV.......... 598 598
064 0603827A SOLDIER SYSTEMS--ADVANCED 25,971 25,971
DEVELOPMENT.
065 0604017A ROBOTICS DEVELOPMENT.............. 26,594 26,594
066 0604019A EXPANDED MISSION AREA MISSILE 220,820 220,820
(EMAM).
067 0604020A CROSS FUNCTIONAL TEAM (CFT) 106,000 106,000
ADVANCED DEVELOPMENT &
PROTOTYPING.
069 0604035A LOW EARTH ORBIT (LEO) SATELLITE 35,509 35,509
CAPABILITY.
070 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) 49,932 49,932
ADV DEV.
071 0604037A TACTICAL INTEL TARGETING ACCESS 863 863
NODE (TITAN) ADV DEV.
072 0604100A ANALYSIS OF ALTERNATIVES.......... 10,659 10,659
073 0604101A SMALL UNMANNED AERIAL VEHICLE 1,425 1,425
(SUAV) (6.4).
074 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 95,719 95,719
SYSTEM (FTUAS).
075 0604114A LOWER TIER AIR MISSILE DEFENSE 382,147 392,147
(LTAMD) SENSOR.
.................................. Program protection................ [10,000]
076 0604115A TECHNOLOGY MATURATION INITIATIVES. 269,756 269,756
077 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 225,147 225,147
(M-SHORAD).
078 0604119A ARMY ADVANCED COMPONENT 198,111 198,111
DEVELOPMENT & PROTOTYPING.
079 0604120A ASSURED POSITIONING, NAVIGATION 43,797 57,797
AND TIMING (PNT).
.................................. ALTNAV--Army UPL.................. [14,000]
080 0604121A SYNTHETIC TRAINING ENVIRONMENT 166,452 219,452
REFINEMENT & PROTOTYPING.
.................................. Program increase (STE live [17,000]
training systems).
.................................. SiVT--Army requested realignment [36,000]
from Procurement.
081 0604134A COUNTER IMPROVISED-THREAT 15,840 15,840
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
082 0604135A STRATEGIC MID-RANGE FIRES......... 404,291 404,291
083 0604182A HYPERSONICS....................... 173,168 223,168
.................................. National Hypersonic Initiative-- [50,000]
Develop Leap-Ahead Concepts and
Capabilities.
084 0604403A FUTURE INTERCEPTOR................ 8,179 8,179
085 0604531A COUNTER--SMALL UNMANNED AIRCRAFT 35,110 35,110
SYSTEMS ADVANCED DEVELOPMENT.
086 0604541A UNIFIED NETWORK TRANSPORT......... 36,966 36,966
089 0305251A CYBERSPACE OPERATIONS FORCES AND 55,677 55,677
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 4,098,749 4,409,889
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
090 0604201A AIRCRAFT AVIONICS................. 3,335 3,335
091 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 4,243 4,243
092 0604601A INFANTRY SUPPORT WEAPONS.......... 66,529 76,529
.................................. Commercial magazine reliability [5,000]
testing.
.................................. Program increase.................. [5,000]
093 0604604A MEDIUM TACTICAL VEHICLES.......... 22,163 22,163
094 0604611A JAVELIN........................... 7,870 7,870
095 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 50,924 50,924
096 0604633A AIR TRAFFIC CONTROL............... 2,623 2,623
097 0604641A TACTICAL UNMANNED GROUND VEHICLE 115,986 115,986
(TUGV).
098 0604642A LIGHT TACTICAL WHEELED VEHICLES... 10,049
.................................. Electric light recon vehicle--Army [10,049]
UPL.
099 0604645A ARMORED SYSTEMS MODERNIZATION 71,287 68,777
(ASM)--ENG DEV.
.................................. T&E excess to need................ [-2,510]
100 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 62,679 75,951
.................................. IVAS--Army UPL.................... [16,500]
.................................. Night vision device--next ahead of [-3,228]
need.
101 0604713A COMBAT FEEDING, CLOTHING, AND 1,566 1,566
EQUIPMENT.
102 0604715A NON-SYSTEM TRAINING DEVICES--ENG 18,600 18,600
DEV.
103 0604741A AIR DEFENSE COMMAND, CONTROL AND 39,541 35,541
INTELLIGENCE--ENG DEV.
.................................. Program decrease.................. [-4,000]
104 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 29,570 29,570
DEVELOPMENT.
105 0604746A AUTOMATIC TEST EQUIPMENT 5,178 5,178
DEVELOPMENT.
106 0604760A DISTRIBUTIVE INTERACTIVE 8,189 8,189
SIMULATIONS (DIS)--ENG DEV.
109 0604798A BRIGADE ANALYSIS, INTEGRATION AND 21,228 21,228
EVALUATION.
110 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 263,778 259,178
.................................. Program decrease.................. [-4,600]
111 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 41,669 41,669
ENG DEV.
112 0604805A COMMAND, CONTROL, COMMUNICATIONS 40,038 40,038
SYSTEMS--ENG DEV.
113 0604807A MEDICAL MATERIEL/MEDICAL 5,513 5,513
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
114 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 12,150 12,150
115 0604818A ARMY TACTICAL COMMAND & CONTROL 111,690 111,690
HARDWARE & SOFTWARE.
116 0604820A RADAR DEVELOPMENT................. 71,259 71,259
117 0604822A GENERAL FUND ENTERPRISE BUSINESS 10,402 10,402
SYSTEM (GFEBS).
119 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 11,425 11,425
120 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 109,702 109,702
SYSTEMS--EMD.
121 0604854A ARTILLERY SYSTEMS--EMD............ 23,106 23,106
122 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 124,475 109,475
.................................. Army contract writing system...... [-15,000]
123 0605018A INTEGRATED PERSONNEL AND PAY 67,564 53,373
SYSTEM-ARMY (IPPS-A).
.................................. Unjustified growth................ [-14,191]
125 0605030A JOINT TACTICAL NETWORK CENTER 17,950 17,950
(JTNC).
126 0605031A JOINT TACTICAL NETWORK (JTN)...... 30,169 30,169
128 0605035A COMMON INFRARED COUNTERMEASURES 11,523 11,523
(CIRCM).
130 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 33,029 33,029
131 0605042A TACTICAL NETWORK RADIO SYSTEMS 4,497 4,497
(LOW-TIER).
132 0605047A CONTRACT WRITING SYSTEM........... 23,487 13,742
.................................. Unjustified growth................ [-9,745]
133 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 19,123 19,123
134 0605052A INDIRECT FIRE PROTECTION 131,093 131,093
CAPABILITY INC 2--BLOCK 1.
135 0605053A GROUND ROBOTICS................... 26,809 26,809
136 0605054A EMERGING TECHNOLOGY INITIATIVES... 185,311 190,311
.................................. Palletized high energy laser...... [5,000]
137 0605143A BIOMETRICS ENABLING CAPABILITY 11,091 11,091
(BEC).
138 0605144A NEXT GENERATION LOAD DEVICE-- 22,439 22,439
MEDIUM.
140 0605148A TACTICAL INTEL TARGETING ACCESS 58,087 108,987
NODE (TITAN) EMD.
.................................. TITAN realignment of funds........ [50,900]
141 0605203A ARMY SYSTEM DEVELOPMENT & 119,516 143,616
DEMONSTRATION.
.................................. CYBERCOM UPL--JCWA integration.... [24,100]
142 0605205A SMALL UNMANNED AERIAL VEHICLE 6,530 6,530
(SUAV) (6.5).
143 0605224A MULTI-DOMAIN INTELLIGENCE......... 19,911 19,911
145 0605231A PRECISION STRIKE MISSILE (PRSM)... 259,506 259,506
146 0605232A HYPERSONICS EMD................... 633,499 633,499
147 0605233A ACCESSIONS INFORMATION ENVIRONMENT 13,647 10,088
(AIE).
.................................. Carryover......................... [-3,559]
148 0605235A STRATEGIC MID-RANGE CAPABILITY.... 5,016 5,016
149 0605236A INTEGRATED TACTICAL COMMUNICATIONS 12,447 12,447
150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,366 2,366
151 0605457A ARMY INTEGRATED AIR AND MISSILE 265,288 259,288
DEFENSE (AIAMD).
.................................. Kill chain automation............. [2,000]
.................................. Program decrease.................. [-8,000]
152 0605531A COUNTER--SMALL UNMANNED AIRCRAFT 14,892 14,892
SYSTEMS SYS DEV & DEMONSTRATION.
153 0605625A MANNED GROUND VEHICLE............. 589,762 577,807
.................................. Excess to need.................... [-11,955]
154 0605766A NATIONAL CAPABILITIES INTEGRATION 17,030 17,030
(MIP).
155 0605812A JOINT LIGHT TACTICAL VEHICLE 9,376 9,376
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
156 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 2,959 2,959
157 0303032A TROJAN--RH12...................... 3,761 3,761
160 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 56,938 99,838
.................................. Realignment of funds.............. [38,000]
.................................. Service Tactical SIGINT Upgrades-- [4,900]
INDOPACOM UPL.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 4,031,334 4,115,995
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
161 0604256A THREAT SIMULATOR DEVELOPMENT...... 18,437 18,437
162 0604258A TARGET SYSTEMS DEVELOPMENT........ 19,132 29,132
.................................. Small UAS engine development...... [10,000]
163 0604759A MAJOR T&E INVESTMENT.............. 107,706 107,706
164 0605103A RAND ARROYO CENTER................ 35,542 35,542
165 0605301A ARMY KWAJALEIN ATOLL.............. 309,005 309,005
166 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 87,122 87,122
168 0605601A ARMY TEST RANGES AND FACILITIES... 401,643 401,643
169 0605602A ARMY TECHNICAL TEST 37,962 57,962
INSTRUMENTATION AND TARGETS.
.................................. Rapid Assurance Modernization [20,000]
Program-Test (RAMP-T).
170 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,500 36,500
171 0605606A AIRCRAFT CERTIFICATION............ 2,777 2,777
172 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,958 6,958
ACTIVITIES.
173 0605706A MATERIEL SYSTEMS ANALYSIS......... 22,037 22,037
174 0605709A EXPLOITATION OF FOREIGN ITEMS..... 6,186 6,186
175 0605712A SUPPORT OF OPERATIONAL TESTING.... 70,718 70,718
176 0605716A ARMY EVALUATION CENTER............ 67,058 67,058
177 0605718A ARMY MODELING & SIM X-CMD 6,097 6,097
COLLABORATION & INTEG.
178 0605801A PROGRAMWIDE ACTIVITIES............ 89,793 89,793
179 0605803A TECHNICAL INFORMATION ACTIVITIES.. 28,752 28,752
180 0605805A MUNITIONS STANDARDIZATION, 48,316 53,316
EFFECTIVENESS AND SAFETY.
.................................. Agile Manufacturing for Advanced [5,000]
Armament Systems.
181 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,912 1,912
MGMT SUPPORT.
182 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 53,271 53,271
R&D - MHA.
183 0606002A RONALD REAGAN BALLISTIC MISSILE 90,088 90,088
DEFENSE TEST SITE.
184 0606003A COUNTERINTEL AND HUMAN INTEL 1,424 1,424
MODERNIZATION.
186 0606942A ASSESSMENTS AND EVALUATIONS CYBER 5,816 5,816
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,554,252 1,589,252
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
188 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 18,463 18,463
189 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 9,284 9,284
190 0607131A WEAPONS AND MUNITIONS PRODUCT 11,674 16,674
IMPROVEMENT PROGRAMS.
.................................. Materials improvements............ [5,000]
193 0607137A CHINOOK PRODUCT IMPROVEMENT 52,513 67,513
PROGRAM.
.................................. Chinook 714C engine upgrade....... [15,000]
194 0607139A IMPROVED TURBINE ENGINE PROGRAM... 228,036 228,036
195 0607142A AVIATION ROCKET SYSTEM PRODUCT 11,312 11,312
IMPROVEMENT AND DEVELOPMENT.
196 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 512 512
PRODUCTS.
197 0607145A APACHE FUTURE DEVELOPMENT......... 10,074 20,074
.................................. Program increase.................. [10,000]
198 0607148A AN/TPQ-53 COUNTERFIRE TARGET 62,559 62,559
ACQUISITION RADAR SYSTEM.
199 0607150A INTEL CYBER DEVELOPMENT........... 13,343 13,343
200 0607312A ARMY OPERATIONAL SYSTEMS 26,131 26,131
DEVELOPMENT.
201 0607313A ELECTRONIC WARFARE DEVELOPMENT.... 6,432 6,432
202 0607665A FAMILY OF BIOMETRICS.............. 1,114 1,114
203 0607865A PATRIOT PRODUCT IMPROVEMENT....... 152,312 152,312
204 0203728A JOINT AUTOMATED DEEP OPERATION 19,329 19,329
COORDINATION SYSTEM (JADOCS).
205 0203735A COMBAT VEHICLE IMPROVEMENT 192,310 294,510
PROGRAMS.
.................................. Abrams modernization.............. [97,200]
.................................. Auxiliary power unit development.. [5,000]
206 0203743A 155MM SELF-PROPELLED HOWITZER 136,680 134,680
IMPROVEMENTS.
.................................. Maintain program management level [-2,000]
of effort.
208 0203752A AIRCRAFT ENGINE COMPONENT 148 148
IMPROVEMENT PROGRAM.
209 0203758A DIGITIZATION...................... 2,100 0
.................................. Carryover......................... [-2,100]
210 0203801A MISSILE/AIR DEFENSE PRODUCT 3,109 3,109
IMPROVEMENT PROGRAM.
211 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 9,027 9,027
PROGRAMS.
212 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 793 793
OPERATIONAL SYSTEM DEV.
213 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 20,180 20,180
SYSTEM (GMLRS).
214 0208053A JOINT TACTICAL GROUND SYSTEM...... 8,813 8,813
217 0303140A INFORMATION SYSTEMS SECURITY 17,209 17,209
PROGRAM.
218 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 27,100 27,100
219 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 18,321 18,321
222 0305179A INTEGRATED BROADCAST SERVICE (IBS) 9,926 9,926
223 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 4,500 4,500
224 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 17,165 17,165
227 0708045A END ITEM INDUSTRIAL PREPAREDNESS 91,270 91,270
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS............... 6,664 6,664
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,188,403 1,316,503
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
228 0608041A DEFENSIVE CYBER--SOFTWARE 94,888 94,888
PROTOTYPE DEVELOPMENT.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 94,888 94,888
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 395,627
.................................. Inflation effects................. [395,627]
.................................. SUBTOTAL UNDISTRIBUTED............ 395,627
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 13,710,273 15,344,737
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 90,076 204,700
.................................. All-digital arrays for long- [9,800]
distance applications.
.................................. Program increase.................. [99,824]
.................................. Program increase--artificial [5,000]
intelligence maritime maneuvering.
003 0601153N DEFENSE RESEARCH SCIENCES......... 499,116 529,116
.................................. Basic research increase........... [30,000]
.................................. SUBTOTAL BASIC RESEARCH........... 589,192 733,816
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 22,953 22,953
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 133,426 192,926
.................................. Cavitation erosion prevention..... [5,000]
.................................. CPF--Resilient Autonomous Systems [4,000]
Research and Workforce Diversity.
.................................. CPF--Talent and Technology for [3,000]
Navy Power and Energy Systems.
.................................. Direct air capture and carbon [10,000]
removal technology program.
.................................. Energy resilience research [3,000]
collaboration.
.................................. Intelligent Data Management for [10,500]
Distributed Naval Platforms.
.................................. Relative positioning of autonomous [5,000]
platforms.
.................................. Resilient Autonomous Systems [8,500]
Research & Workforce Diversity.
.................................. Workforce and technology for Navy [10,500]
power and energy systems.
006 0602131M MARINE CORPS LANDING FORCE 53,467 63,967
TECHNOLOGY.
.................................. CPF--Unmanned Logistics Solutions [3,000]
for the U.S. Marine Corps.
.................................. Unmanned logistics solutions...... [7,500]
007 0602235N COMMON PICTURE APPLIED RESEARCH... 51,911 51,911
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 70,957 80,957
RESEARCH.
.................................. Anti-corrosion coatings........... [10,000]
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 92,444 107,444
RESEARCH.
.................................. Chip Scale Open Architecture...... [15,000]
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 74,622 84,622
APPLIED RESEARCH.
.................................. Undersea distributed sensing [10,000]
systems.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,700 6,700
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 58,111 87,111
.................................. CPF--Persistent Maritime [4,000]
Surveillance.
.................................. Dual-modality research vessels.... [2,000]
.................................. Undersea vehicle technology [20,000]
partnerships.
.................................. UUV research...................... [3,000]
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 173,641 177,141
RESEARCH.
.................................. Program increase.................. [3,500]
014 0602782N MINE AND EXPEDITIONARY WARFARE 31,649 31,649
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 120,637 146,237
APPLIED RESEARCH.
.................................. Navy UFR--Alternative CONOPS [25,600]
Goalkeeper.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 81,296 81,296
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH......... 971,814 1,134,914
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 16,933 16,933
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,253 8,253
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 280,285 316,685
DEMONSTRATION (ATD).
.................................. Low-cost attritable aircraft [25,000]
technology.
.................................. Program increase.................. [4,600]
.................................. Program increase--K-MAX next [6,800]
generation autonomous logistics
UAS.
020 0603651M JOINT NON-LETHAL WEAPONS 14,048 14,048
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 251,267 251,267
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,704 60,704
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,999 4,999
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 83,137 83,137
DEMONSTRATIONS.
025 0603782N MINE AND EXPEDITIONARY WARFARE 2,007 2,007
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 144,122 210,422
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Navy UFR--Alternative CONOPS [61,300]
Goalkeeper.
.................................. Scalable laser weapon system...... [5,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 865,755 968,455
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
027 0603128N UNMANNED AERIAL SYSTEM............ 96,883 96,883
028 0603178N LARGE UNMANNED SURFACE VEHICLES 146,840 146,840
(LUSV).
029 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 39,737 39,737
030 0603216N AVIATION SURVIVABILITY............ 17,434 17,434
031 0603239N NAVAL CONSTRUCTION FORCES......... 1,706 1,706
033 0603254N ASW SYSTEMS DEVELOPMENT........... 15,986 15,986
034 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,562 3,562
035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 18,628 65,828
.................................. Data dissemination and [6,500]
interoperability.
.................................. Navy UFR--Alternative CONOPS [40,700]
Goalkeeper.
036 0603502N SURFACE AND SHALLOW WATER MINE 87,825 87,825
COUNTERMEASURES.
037 0603506N SURFACE SHIP TORPEDO DEFENSE...... 473 473
038 0603512N CARRIER SYSTEMS DEVELOPMENT....... 11,567 11,567
039 0603525N PILOT FISH........................ 672,461 672,461
040 0603527N RETRACT LARCH..................... 7,483 7,483
041 0603536N RETRACT JUNIPER................... 239,336 239,336
042 0603542N RADIOLOGICAL CONTROL.............. 772 772
043 0603553N SURFACE ASW....................... 1,180 1,180
044 0603561N ADVANCED SUBMARINE SYSTEM 105,703 110,703
DEVELOPMENT.
.................................. Program increase.................. [5,000]
045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 10,917 10,917
046 0603563N SHIP CONCEPT ADVANCED DESIGN...... 82,205 90,205
.................................. Additive Manufacturing in Ship [4,000]
Advanced Concept Design.
.................................. Advance LAW development........... [4,000]
047 0603564N SHIP PRELIMINARY DESIGN & 75,327 75,327
FEASIBILITY STUDIES.
048 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 227,400 227,400
049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 176,600 197,200
.................................. Lithium Iron Phosphate Batteries [9,000]
Integration.
.................................. Silicon carbide power modules..... [11,600]
050 0603576N CHALK EAGLE....................... 91,584 91,584
051 0603581N LITTORAL COMBAT SHIP (LCS)........ 96,444 96,444
052 0603582N COMBAT SYSTEM INTEGRATION......... 18,236 18,236
053 0603595N OHIO REPLACEMENT.................. 335,981 350,981
.................................. Rapid realization of composites [15,000]
for wet submarine application.
054 0603596N LCS MISSION MODULES............... 41,533 48,533
.................................. Mine Countermeasures Mission [7,000]
Package Capacity and Wholeness--
Navy UPL.
055 0603597N AUTOMATED TEST AND RE-TEST (ATRT). 9,773 9,773
056 0603599N FRIGATE DEVELOPMENT............... 118,626 115,626
.................................. Prior year underexecution......... [-3,000]
057 0603609N CONVENTIONAL MUNITIONS............ 9,286 9,286
058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 111,431 111,431
SYSTEM.
059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 36,496 36,496
DEVELOPMENT.
060 0603713N OCEAN ENGINEERING TECHNOLOGY 6,193 6,193
DEVELOPMENT.
061 0603721N ENVIRONMENTAL PROTECTION.......... 21,647 21,647
062 0603724N NAVY ENERGY PROGRAM............... 60,320 70,320
.................................. Marine energy systems............. [10,000]
063 0603725N FACILITIES IMPROVEMENT............ 5,664 5,664
064 0603734N CHALK CORAL....................... 833,634 833,634
065 0603739N NAVY LOGISTIC PRODUCTIVITY........ 899 899
066 0603746N RETRACT MAPLE..................... 363,973 363,973
067 0603748N LINK PLUMERIA..................... 1,038,661 1,038,661
068 0603751N RETRACT ELM....................... 83,445 83,445
069 0603764M LINK EVERGREEN.................... 313,761 313,761
070 0603790N NATO RESEARCH AND DEVELOPMENT..... 8,041 8,041
071 0603795N LAND ATTACK TECHNOLOGY............ 358 358
072 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 30,533 30,533
073 0603860N JOINT PRECISION APPROACH AND 18,628 18,628
LANDING SYSTEMS--DEM/VAL.
074 0603925N DIRECTED ENERGY AND ELECTRIC 65,080 65,080
WEAPON SYSTEMS.
075 0604014N F/A -18 INFRARED SEARCH AND TRACK 40,069 40,069
(IRST).
076 0604027N DIGITAL WARFARE OFFICE............ 165,753 165,753
077 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 106,347 106,347
VEHICLES.
078 0604029N UNMANNED UNDERSEA VEHICLE CORE 60,697 60,697
TECHNOLOGIES.
079 0604030N RAPID PROTOTYPING, EXPERIMENTATION 57,000 57,000
AND DEMONSTRATION..
081 0604112N GERALD R. FORD CLASS NUCLEAR 116,498 116,498
AIRCRAFT CARRIER (CVN 78--80).
082 0604126N LITTORAL AIRBORNE MCM............. 47,389 47,389
083 0604127N SURFACE MINE COUNTERMEASURES...... 12,959 12,959
084 0604272N TACTICAL AIR DIRECTIONAL INFRARED 15,028 39,028
COUNTERMEASURES (TADIRCM).
.................................. Program increase--distributed [24,000]
aperture infrared countermeasure
system.
085 0604289M NEXT GENERATION LOGISTICS......... 2,342 2,342
086 0604292N FUTURE VERTICAL LIFT (MARITIME 5,103 5,103
STRIKE).
087 0604320M RAPID TECHNOLOGY CAPABILITY 62,927 62,927
PROTOTYPE.
088 0604454N LX (R)............................ 26,630 24,116
.................................. Historical underexecution......... [-2,514]
089 0604536N ADVANCED UNDERSEA PROTOTYPING..... 116,880 116,880
090 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 7,438 7,438
(C-UAS).
091 0604659N PRECISION STRIKE WEAPONS 84,734 109,734
DEVELOPMENT PROGRAM.
.................................. Research and development for a [25,000]
nuclear-capable sea-launched
cruise missile.
092 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 10,229 10,229
ARCHITECTURE/ENGINEERING SUPPORT.
093 0604786N OFFENSIVE ANTI-SURFACE WARFARE 124,204 237,785
WEAPON DEVELOPMENT.
.................................. Navy requested transfer from WPN [46,481]
line 8.
.................................. Navy UFR--Hypersonic OASuW Inc 2.. [67,100]
094 0605512N MEDIUM UNMANNED SURFACE VEHICLES 104,000 104,000
(MUSVS)).
095 0605513N UNMANNED SURFACE VEHICLE ENABLING 181,620 181,620
CAPABILITIES.
096 0605514M GROUND BASED ANTI-SHIP MISSILE.... 43,090 93,090
.................................. Defense Industrial Base (DIB) [50,000]
Expansion for Harpoon Missiles.
097 0605516M LONG RANGE FIRES.................. 36,693 36,693
098 0605518N CONVENTIONAL PROMPT STRIKE (CPS).. 1,205,041 1,225,041
.................................. Full-Scale Rapid CPS Flight Tests. [20,000]
099 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,856 9,856
100 0304240M ADVANCED TACTICAL UNMANNED 1,735 1,735
AIRCRAFT SYSTEM.
101 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 796 796
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 8,405,310 8,745,177
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
102 0603208N TRAINING SYSTEM AIRCRAFT.......... 15,128 15,128
103 0604038N MARITIME TARGETING CELL........... 39,600 89,600
.................................. Family of Integrated Targeting [50,000]
Cells (FITC).
104 0604212N OTHER HELO DEVELOPMENT............ 66,010 66,010
105 0604214M AV-8B AIRCRAFT--ENG DEV........... 9,205 9,205
106 0604215N STANDARDS DEVELOPMENT............. 3,766 3,766
107 0604216N MULTI-MISSION HELICOPTER UPGRADE 44,684 44,684
DEVELOPMENT.
108 0604221N P-3 MODERNIZATION PROGRAM......... 343 343
109 0604230N WARFARE SUPPORT SYSTEM............ 12,337 12,337
110 0604231N COMMAND AND CONTROL SYSTEMS....... 143,575 143,575
111 0604234N ADVANCED HAWKEYE.................. 502,956 482,956
.................................. Program decrease.................. [-20,000]
112 0604245M H-1 UPGRADES...................... 43,759 43,759
113 0604261N ACOUSTIC SEARCH SENSORS........... 50,231 50,231
114 0604262N V-22A............................. 125,233 125,233
115 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 43,282 43,282
116 0604269N EA-18............................. 116,589 116,589
117 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 141,138 141,138
118 0604273M EXECUTIVE HELO DEVELOPMENT........ 45,645 45,645
119 0604274N NEXT GENERATION JAMMER (NGJ)...... 54,679 54,679
120 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 329,787 326,587
(JTRS-NAVY).
.................................. Program decrease.................. [-3,200]
121 0604282N NEXT GENERATION JAMMER (NGJ) 301,737 151,737
INCREMENT II.
.................................. Program delay..................... [-150,000]
122 0604307N SURFACE COMBATANT COMBAT SYSTEM 347,233 336,705
ENGINEERING.
.................................. Historical underexecution......... [-10,528]
124 0604329N SMALL DIAMETER BOMB (SDB)......... 42,881 42,881
125 0604366N STANDARD MISSILE IMPROVEMENTS..... 319,943 319,943
126 0604373N AIRBORNE MCM...................... 10,882 10,882
127 0604378N NAVAL INTEGRATED FIRE CONTROL-- 45,892 45,892
COUNTER AIR SYSTEMS ENGINEERING.
128 0604419N ADVANCED SENSORS APPLICATION 13,000
PROGRAM (ASAP).
.................................. Program increase.................. [13,000]
129 0604501N ADVANCED ABOVE WATER SENSORS...... 81,254 72,917
.................................. Historical underexecution......... [-8,337]
130 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,501 93,501
131 0604504N AIR CONTROL....................... 39,138 39,138
132 0604512N SHIPBOARD AVIATION SYSTEMS........ 11,759 11,759
133 0604518N COMBAT INFORMATION CENTER 11,160 11,160
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE RADAR 87,459 87,459
(AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR (AAG)..... 151 151
136 0604558N NEW DESIGN SSN.................... 307,585 496,485
.................................. Advanced undersea capability [188,900]
development.
137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 58,741 58,741
138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 60,791 60,791
T&E.
139 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 4,177 4,177
140 0604601N MINE DEVELOPMENT.................. 60,793 117,893
.................................. INDOPACOM UFR--Hammerhead......... [47,500]
.................................. INDOPACOM/Navy UFR--Sea Urchin [10,000]
powered quickstrike mines.
141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 142,000 140,111
.................................. Project 2234 historical [-1,889]
underexecution.
142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,618 8,618
DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 45,025 45,025
SYSTEMS--ENG DEV.
144 0604703N PERSONNEL, TRAINING, SIMULATION, 7,454 7,454
AND HUMAN FACTORS.
145 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 758 758
146 0604755N SHIP SELF DEFENSE (DETECT & 159,426 159,426
CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 71,818 71,818
KILL).
148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 92,687 92,687
KILL/EW).
149 0604761N INTELLIGENCE ENGINEERING.......... 23,742 23,742
150 0604771N MEDICAL DEVELOPMENT............... 3,178 3,178
151 0604777N NAVIGATION/ID SYSTEM.............. 53,209 53,209
152 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 611 611
153 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 234 234
154 0604850N SSN(X)............................ 143,949 143,949
155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,361 11,361
156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 290,353 298,103
.................................. Cyber supply chain risk management [5,000]
.................................. High performance data analytics... [2,750]
157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 7,271 7,271
158 0605180N TACAMO MODERNIZATION.............. 554,193 554,193
159 0605212M CH-53K RDTE....................... 220,240 224,240
.................................. CPF--High-Energy Density and High- [4,000]
Power Density Li-Ion Battery
Magazines (HEBM) in Defense
Applications.
160 0605215N MISSION PLANNING.................. 71,107 71,107
161 0605217N COMMON AVIONICS................... 77,960 77,960
162 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 2,886 10,106
.................................. Program increase.................. [7,220]
163 0605327N T-AO 205 CLASS.................... 220 220
164 0605414N UNMANNED CARRIER AVIATION (UCA)... 265,646 265,646
165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 371 371
166 0605500N MULTI-MISSION MARITIME AIRCRAFT 37,939 37,939
(MMA).
167 0605504N MULTI-MISSION MARITIME (MMA) 161,697 161,697
INCREMENT III.
168 0605611M MARINE CORPS ASSAULT VEHICLES 94,569 94,569
SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL VEHICLE 2,856 2,856
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000.......................... 197,436 184,674
.................................. Prior year underexecution......... [-12,762]
171 0301377N COUNTERING ADVANCED CONVENTIONAL 12,341 22,341
WEAPONS (CACW).
.................................. Threat Mosaic Warfare............. [10,000]
175 0304785N ISR & INFO OPERATIONS............. 135,366 135,366
176 0306250M CYBER OPERATIONS TECHNOLOGY 37,038 37,038
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,606,583 6,738,237
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
177 0604256N THREAT SIMULATOR DEVELOPMENT...... 29,430 29,430
178 0604258N TARGET SYSTEMS DEVELOPMENT........ 13,708 13,708
179 0604759N MAJOR T&E INVESTMENT.............. 95,316 95,316
180 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,286 3,286
181 0605154N CENTER FOR NAVAL ANALYSES......... 40,624 40,624
183 0605804N TECHNICAL INFORMATION SERVICES.... 987 987
184 0605853N MANAGEMENT, TECHNICAL & 105,152 105,152
INTERNATIONAL SUPPORT.
185 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,787 3,787
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 173,352 173,352
187 0605864N TEST AND EVALUATION SUPPORT....... 468,281 468,281
188 0605865N OPERATIONAL TEST AND EVALUATION 27,808 27,808
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 27,175 27,175
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 7,186 7,186
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 39,744 39,744
192 0605898N MANAGEMENT HQ--R&D................ 40,648 40,648
193 0606355N WARFARE INNOVATION MANAGEMENT..... 52,060 52,060
194 0305327N INSIDER THREAT.................... 2,315 2,315
195 0902498N MANAGEMENT HEADQUARTERS 1,811 1,811
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,132,670 1,132,670
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
198 0603273N SCIENCE & TECHNOLOGY FOR NUCLEAR 65,735 65,735
RE-ENTRY SYSTEMS.
201 0604840M F-35 C2D2......................... 525,338 525,338
202 0604840N F-35 C2D2......................... 491,513 491,513
203 0605520M MARINE CORPS AIR DEFENSE WEAPONS 48,663 48,663
SYSTEMS.
204 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 156,121 156,121
(CEC).
205 0101221N STRATEGIC SUB & WEAPONS SYSTEM 284,502 304,502
SUPPORT.
.................................. D5LE2 Risk Reduction.............. [20,000]
206 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 50,939 50,939
207 0101226N SUBMARINE ACOUSTIC WARFARE 81,237 86,237
DEVELOPMENT.
.................................. Program increase.................. [5,000]
208 0101402N NAVY STRATEGIC COMMUNICATIONS..... 49,424 49,424
209 0204136N F/A-18 SQUADRONS.................. 238,974 235,860
.................................. Historical underexecution......... [-7,114]
.................................. Jet noise reduction............... [4,000]
210 0204228N SURFACE SUPPORT................... 12,197 12,197
211 0204229N TOMAHAWK AND TOMAHAWK MISSION 132,719 132,719
PLANNING CENTER (TMPC).
212 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 68,417 82,917
.................................. Deployable Surveillance System, [14,500]
Deep Water Active.
213 0204313N SHIP-TOWED ARRAY SURVEILLANCE 1,188 1,188
SYSTEMS.
214 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,789 1,789
(DISPLACEMENT CRAFT).
215 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 61,422 61,422
ATOR).
216 0204571N CONSOLIDATED TRAINING SYSTEMS 70,339 70,339
DEVELOPMENT.
217 0204575N ELECTRONIC WARFARE (EW) READINESS 47,436 47,436
SUPPORT.
218 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 90,779 90,779
219 0205620N SURFACE ASW COMBAT SYSTEM 28,999 28,999
INTEGRATION.
220 0205632N MK-48 ADCAP....................... 155,868 155,868
221 0205633N AVIATION IMPROVEMENTS............. 130,450 130,450
222 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 121,439 121,439
223 0206313M MARINE CORPS COMMUNICATIONS 114,305 114,305
SYSTEMS.
224 0206335M COMMON AVIATION COMMAND AND 14,865 14,865
CONTROL SYSTEM (CAC2S).
225 0206623M MARINE CORPS GROUND COMBAT/ 100,536 100,536
SUPPORTING ARMS SYSTEMS.
226 0206624M MARINE CORPS COMBAT SERVICES 26,522 26,522
SUPPORT.
227 0206625M USMC INTELLIGENCE/ELECTRONIC 51,976 51,976
WARFARE SYSTEMS (MIP).
228 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 8,246 8,246
229 0207161N TACTICAL AIM MISSILES............. 29,236 29,236
230 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 30,898 30,898
MISSILE (AMRAAM).
231 0208043N PLANNING AND DECISION AID SYSTEM 3,609 3,609
(PDAS).
236 0303138N AFLOAT NETWORKS................... 45,693 45,693
237 0303140N INFORMATION SYSTEMS SECURITY 33,752 33,752
PROGRAM.
238 0305192N MILITARY INTELLIGENCE PROGRAM 8,415 8,415
(MIP) ACTIVITIES.
239 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 10,576 10,576
240 0305205N UAS INTEGRATION AND 18,373 18,373
INTEROPERABILITY.
241 0305208M DISTRIBUTED COMMON GROUND/SURFACE 45,705 45,705
SYSTEMS.
242 0305220N MQ-4C TRITON...................... 13,893 13,893
243 0305231N MQ-8 UAV.......................... 13,100
.................................. Costs associated with restoring 5 [13,100]
LCS.
244 0305232M RQ-11 UAV......................... 1,234 1,234
245 0305234N SMALL (LEVEL 0) TACTICAL UAS 3,761 3,761
(STUASL0).
247 0305241N MULTI-INTELLIGENCE SENSOR 56,261 56,261
DEVELOPMENT.
248 0305242M UNMANNED AERIAL SYSTEMS (UAS) 9,780 9,780
PAYLOADS (MIP).
249 0305251N CYBERSPACE OPERATIONS FORCES AND 36,505 36,505
FORCE SUPPORT.
250 0305421N RQ-4 MODERNIZATION................ 163,277 163,277
251 0307577N INTELLIGENCE MISSION DATA (IMD)... 851 851
252 0308601N MODELING AND SIMULATION SUPPORT... 9,437 9,437
253 0702207N DEPOT MAINTENANCE (NON-IF)........ 26,248 26,248
254 0708730N MARITIME TECHNOLOGY (MARITECH).... 2,133 2,133
9999 9999999999 CLASSIFIED PROGRAMS............... 1,701,811 1,701,811
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,483,386 5,532,872
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
256 0608013N RISK MANAGEMENT INFORMATION-- 12,810 12,810
SOFTWARE PILOT PROGRAM.
257 0608231N MARITIME TACTICAL COMMAND AND 11,198 11,198
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 24,008 24,008
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 409,201
.................................. Inflation effects................. [409,201]
.................................. SUBTOTAL UNDISTRIBUTED............ 409,201
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 24,078,718 25,419,350
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 375,325 450,397
.................................. Program increase.................. [75,072]
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 171,192 177,542
.................................. CPF--Aeromedical Research Center.. [2,350]
.................................. CPF--GHz-THz Antenna Systems for [4,000]
Massive Data Transmissions in
Real-Time.
.................................. SUBTOTAL BASIC RESEARCH........... 546,517 627,939
..................................
.................................. APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 88,672 84,282
RESEARCH.
.................................. Transformational capability [-4,390]
incubator unjustified growth.
005 0602102F MATERIALS......................... 134,795 149,795
.................................. High energy synchotron X-ray [5,000]
research.
.................................. Thermal protection for hypersonic [10,000]
vehicles.
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 159,453 169,453
.................................. Aeromechanics and integration..... [10,000]
007 0602202F HUMAN EFFECTIVENESS APPLIED 135,771 150,771
RESEARCH.
.................................. Digital engineering and prototype [10,000]
capability.
.................................. Program increase.................. [5,000]
008 0602203F AEROSPACE PROPULSION.............. 172,861 172,861
009 0602204F AEROSPACE SENSORS................. 192,733 197,733
.................................. Program increase.................. [5,000]
011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,856 8,856
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 137,303 147,303
.................................. Advanced hypersonic propulsion.... [5,000]
.................................. Convergence Lab Center activities. [5,000]
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 109,302 100,947
.................................. Realignment of funds.............. [-8,355]
014 0602788F DOMINANT INFORMATION SCIENCES AND 166,041 226,041
METHODS.
.................................. AI for networks................... [5,000]
.................................. Internet of Things Laboratory..... [5,000]
.................................. Program increase.................. [10,000]
.................................. Quantum testbed................... [10,000]
.................................. Trapped ion quantum computer...... [20,000]
.................................. UAS traffic management............ [10,000]
.................................. SUBTOTAL APPLIED RESEARCH......... 1,305,787 1,408,042
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
016 0603032F FUTURE AF INTEGRATED TECHNOLOGY 152,559 107,559
DEMOS.
.................................. Automated geospatial intelligence [5,000]
detection algorithm.
.................................. Program reduction................. [-50,000]
017 0603112F ADVANCED MATERIALS FOR WEAPON 29,116 39,116
SYSTEMS.
.................................. Metals Affordability Initiative... [10,000]
018 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 10,695 10,695
(S&T).
019 0603203F ADVANCED AEROSPACE SENSORS........ 36,997 36,997
020 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 54,727 76,220
.................................. Program increase.................. [20,000]
.................................. Technical realignment............. [-8,507]
.................................. Unmanned semi-autonomous adversary [10,000]
aircraft.
021 0603216F AEROSPACE PROPULSION AND POWER 64,254 82,761
TECHNOLOGY.
.................................. Program increase.................. [10,000]
.................................. Realignment of funds.............. [8,507]
022 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 33,380 33,380
023 0603273F SCIENCE & TECHNOLOGY FOR NUCLEAR 39,431 39,431
RE-ENTRY SYSTEMS.
026 0603456F HUMAN EFFECTIVENESS ADVANCED 20,652 20,652
TECHNOLOGY DEVELOPMENT.
027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 187,374 187,374
028 0603605F ADVANCED WEAPONS TECHNOLOGY....... 98,503 93,289
.................................. Transformational technology [-5,214]
development unjustified request.
029 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 47,759 57,059
.................................. Agile Factory Floor for Depot [5,300]
Sustainment.
.................................. CPF--Additive Manufacturing and [4,000]
Ultra-High Performance Concrete.
030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 51,824 51,824
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 827,271 836,357
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603036F MODULAR ADVANCED MISSILE.......... 125,688 125,688
032 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 6,101 6,101
033 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 17,318 17,318
034 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,295 4,295
035 0603851F INTERCONTINENTAL BALLISTIC 46,432 46,432
MISSILE--DEM/VAL.
036 0604001F NC3 ADVANCED CONCEPTS............. 5,098 5,098
038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 231,408 231,408
(ABMS).
039 0604004F ADVANCED ENGINE DEVELOPMENT....... 353,658 353,658
040 0604006F DEPT OF THE AIR FORCE TECH 66,615 50,000
ARCHITECTURE.
.................................. Program growth.................... [-16,615]
041 0604015F LONG RANGE STRIKE--BOMBER......... 3,253,584 3,143,584
.................................. Excess to need.................... [-110,000]
042 0604032F DIRECTED ENERGY PROTOTYPING....... 4,269 4,269
043 0604033F HYPERSONICS PROTOTYPING........... 431,868 161,547
.................................. Technical realignment............. [-270,321]
044 0604183F HYPERSONICS PROTOTYPING-- 144,891 461,778
HYPERSONIC ATTACK CRUISE MISSILE
(HACM).
.................................. Technical realignment............. [316,887]
045 0604201F PNT RESILIENCY, MODS, AND 12,010 12,010
IMPROVEMENTS.
046 0604257F ADVANCED TECHNOLOGY AND SENSORS... 13,311 13,311
047 0604288F SURVIVABLE AIRBORNE OPERATIONS 203,213 203,213
CENTER.
048 0604317F TECHNOLOGY TRANSFER............... 16,759 16,759
049 0604327F HARD AND DEEPLY BURIED TARGET 106,826 141,826
DEFEAT SYSTEM (HDBTDS) PROGRAM.
.................................. CENTCOM UFR--HDBTDS program....... [35,000]
050 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 44,526 69,526
ACS.
.................................. Program increase.................. [25,000]
051 0604668F JOINT TRANSPORTATION MANAGEMENT 51,758 27,758
SYSTEM (JTMS).
.................................. Product development ahead of need. [-24,000]
052 0604776F DEPLOYMENT & DISTRIBUTION 27,586 27,586
ENTERPRISE R&D.
053 0604858F TECH TRANSITION PROGRAM........... 649,545 602,795
.................................. Hybrid autonomous maritime [2,000]
expeditionary logistics.
.................................. Program increase.................. [9,250]
.................................. Technical realignment............. [-58,000]
054 0604860F OPERATIONAL ENERGY AND 15,500
INSTALLATION RESILIENCE.
.................................. Technical realignment............. [15,500]
055 0605230F GROUND BASED STRATEGIC DETERRENT.. 3,000
.................................. ICBM transition readiness modeling [3,000]
and simulation.
056 0207110F NEXT GENERATION AIR DOMINANCE..... 1,657,733 1,657,733
057 0207179F AUTONOMOUS COLLABORATIVE PLATFORMS 51,747 51,747
058 0207420F COMBAT IDENTIFICATION............. 1,866 1,866
059 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 14,490 14,490
(3DELRR).
060 0207522F AIRBASE AIR DEFENSE SYSTEMS 52,498 48,498
(ABADS).
.................................. Program decrease.................. [-4,000]
061 0208030F WAR RESERVE MATERIEL--AMMUNITION.. 10,288 10,288
064 0305236F COMMON DATA LINK EXECUTIVE AGENT 37,460 37,460
(CDL EA).
065 0305601F MISSION PARTNER ENVIRONMENTS...... 17,378 17,378
066 0306250F CYBER OPERATIONS TECHNOLOGY 234,576 365,276
SUPPORT.
.................................. AI systems and applications for [50,000]
CYBERCOM.
.................................. CYBERCOM UFR--Cyber mission force [31,000]
operational support.
.................................. CYBERCOM UFR--Joint cyberspace [20,900]
warfighting architecture.
.................................. Hunt forward operations........... [28,800]
067 0306415F ENABLED CYBER ACTIVITIES.......... 16,728 16,728
070 0808737F CVV INTEGRATED PREVENTION......... 9,315 9,315
071 0901410F CONTRACTING INFORMATION TECHNOLOGY 14,050 14,050
SYSTEM.
072 1206415F U.S. SPACE COMMAND RESEARCH AND 10,350 10,350
DEVELOPMENT SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 7,945,238 7,999,639
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
073 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 9,879 9,879
PROGRAMS.
074 0604201F PNT RESILIENCY, MODS, AND 176,824 176,824
IMPROVEMENTS.
075 0604222F NUCLEAR WEAPONS SUPPORT........... 64,425 64,425
076 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,222 2,222
077 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 133,117 133,117
078 0604287F PHYSICAL SECURITY EQUIPMENT....... 8,493 8,493
079 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 5,279 5,279
080 0604604F SUBMUNITIONS...................... 3,273 3,273
081 0604617F AGILE COMBAT SUPPORT.............. 14,252 14,252
083 0604706F LIFE SUPPORT SYSTEMS.............. 47,442 47,442
084 0604735F COMBAT TRAINING RANGES............ 91,284 91,284
086 0604932F LONG RANGE STANDOFF WEAPON........ 928,850 928,850
087 0604933F ICBM FUZE MODERNIZATION........... 98,376 98,376
088 0605030F JOINT TACTICAL NETWORK CENTER 2,222 2,222
(JTNC).
089 0605056F OPEN ARCHITECTURE MANAGEMENT...... 38,222 38,222
090 0605223F ADVANCED PILOT TRAINING........... 37,121 37,121
091 0605229F HH-60W............................ 58,974 58,974
092 0605238F GROUND BASED STRATEGIC DETERRENT 3,614,290 3,614,290
EMD.
094 0207171F F-15 EPAWSS....................... 67,956 67,956
095 0207279F ISOLATED PERSONNEL SURVIVABILITY 27,881 27,881
AND RECOVERY.
096 0207328F STAND IN ATTACK WEAPON............ 283,152 274,152
.................................. Program decrease.................. [-9,000]
097 0207701F FULL COMBAT MISSION TRAINING...... 3,028 12,528
.................................. Airborne Augemented Reality....... [9,500]
102 0401221F KC-46A TANKER SQUADRONS........... 197,510 188,810
.................................. PACS delays....................... [-8,700]
103 0401319F VC-25B............................ 492,932 392,932
.................................. Program decrease.................. [-100,000]
104 0701212F AUTOMATED TEST SYSTEMS............ 16,664 16,664
105 0804772F TRAINING DEVELOPMENTS............. 15,138 15,138
107 1206442F NEXT GENERATION OPIR.............. 148 148
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,438,954 6,330,754
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
108 0604256F THREAT SIMULATOR DEVELOPMENT...... 21,067 21,067
109 0604759F MAJOR T&E INVESTMENT.............. 44,714 171,314
.................................. Air Force UFR--Gulf [55,200]
instrumentation for hypersonics
testing.
.................................. Air Force UFR--Quick reaction test [14,700]
capability for hypersonics
testing.
.................................. Air Force UFR--VKF wind tunnel [56,700]
improvements for hypersonics
testing.
110 0605101F RAND PROJECT AIR FORCE............ 37,921 37,921
111 0605502F SMALL BUSINESS INNOVATION RESEARCH 86 0
.................................. Programming error................. [-86]
112 0605712F INITIAL OPERATIONAL TEST & 13,926 13,926
EVALUATION.
113 0605807F TEST AND EVALUATION SUPPORT....... 826,854 841,854
.................................. Air Force UFR--EDW/Eglin [10,000]
hypersonics testing.
.................................. Air Force UFR--VKF wind tunnel [5,000]
throughput for hypersonics
testing.
115 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 255,995 283,995
SYS.
.................................. Technical realignment............. [28,000]
116 0605828F ACQ WORKFORCE- GLOBAL REACH....... 457,589 457,589
117 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 459,223 473,423
BUS SYS.
.................................. Technical realignment............. [14,200]
118 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 3,696 3,696
119 0605831F ACQ WORKFORCE- CAPABILITY 229,610 253,610
INTEGRATION.
.................................. Technical realignment............. [24,000]
120 0605832F ACQ WORKFORCE- ADVANCED PRGM 92,648 67,361
TECHNOLOGY.
.................................. Technical realignment............. [-25,287]
121 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 241,226 236,382
.................................. Technical realignment............. [-4,844]
122 0605898F MANAGEMENT HQ--R&D................ 4,347 5,624
.................................. Technical realignment............. [1,277]
123 0605976F FACILITIES RESTORATION AND 77,820 133,420
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
.................................. Air Force UFR--Quick reaction test [7,500]
capability for hypersonics
testing.
.................................. Air Force UFR--VKF wind tunnel [48,100]
improvements for hypersonics
testing.
124 0605978F FACILITIES SUSTAINMENT--TEST AND 31,561 31,561
EVALUATION SUPPORT.
125 0606017F REQUIREMENTS ANALYSIS AND 101,844 101,844
MATURATION.
126 0606398F MANAGEMENT HQ--T&E................ 6,285 6,285
127 0303166F SUPPORT TO INFORMATION OPERATIONS 556 556
(IO) CAPABILITIES.
128 0303255F COMMAND, CONTROL, COMMUNICATION, 15,559 35,559
AND COMPUTERS (C4)--STRATCOM.
.................................. Establishment and initial [20,000]
operations of the NC3 Rapid
Engineering Architecture
Collaboration Hub (REACH).
129 0308602F ENTEPRISE INFORMATION SERVICES 83,231 83,231
(EIS).
130 0702806F ACQUISITION AND MANAGEMENT SUPPORT 24,306 24,306
131 0804731F GENERAL SKILL TRAINING............ 871 871
134 1001004F INTERNATIONAL ACTIVITIES.......... 2,593 2,593
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 3,033,528 3,287,988
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
136 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 18,037 18,037
TRAINING.
138 0604617F AGILE COMBAT SUPPORT.............. 8,199 8,199
139 0604776F DEPLOYMENT & DISTRIBUTION 156 156
ENTERPRISE R&D.
140 0604840F F-35 C2D2......................... 1,014,708 1,014,708
141 0605018F AF INTEGRATED PERSONNEL AND PAY 37,901 37,901
SYSTEM (AF-IPPS).
142 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 50,066 50,066
AGENCY.
143 0605117F FOREIGN MATERIEL ACQUISITION AND 80,338 80,338
EXPLOITATION.
144 0605278F HC/MC-130 RECAP RDT&E............. 47,994 47,994
145 0606018F NC3 INTEGRATION................... 23,559 23,559
147 0101113F B-52 SQUADRONS.................... 770,313 734,807
.................................. Program decrease.................. [-35,506]
148 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 571 571
149 0101126F B-1B SQUADRONS.................... 13,144 23,144
.................................. Hypersonic Integration Validation [10,000]
Testing.
150 0101127F B-2 SQUADRONS..................... 111,990 111,990
151 0101213F MINUTEMAN SQUADRONS............... 69,650 69,650
152 0101316F WORLDWIDE JOINT STRATEGIC 22,725 22,725
COMMUNICATIONS.
153 0101324F INTEGRATED STRATEGIC PLANNING & 3,180 3,180
ANALYSIS NETWORK.
154 0101328F ICBM REENTRY VEHICLES............. 118,616 118,616
156 0102110F UH-1N REPLACEMENT PROGRAM......... 17,922 17,922
157 0102326F REGION/SECTOR OPERATION CONTROL 451 451
CENTER MODERNIZATION PROGRAM.
158 0102412F NORTH WARNING SYSTEM (NWS)........ 76,910 76,910
159 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 12,210 12,210
160 0202834F VEHICLES AND SUPPORT EQUIPMENT-- 14,483 14,483
GENERAL.
161 0205219F MQ-9 UAV.......................... 98,499 98,499
162 0205671F JOINT COUNTER RCIED ELECTRONIC 1,747 1,747
WARFARE.
163 0207040F MULTI-PLATFORM ELECTRONIC WARFARE 23,195 23,195
EQUIPMENT.
164 0207131F A-10 SQUADRONS.................... 72,393 72,393
165 0207133F F-16 SQUADRONS.................... 244,696 244,696
166 0207134F F-15E SQUADRONS................... 213,272 200,139
.................................. Digital color display delays...... [-1,843]
.................................. OFP CD&I carryover................ [-11,290]
167 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 16,695 16,695
168 0207138F F-22A SQUADRONS................... 559,709 559,709
169 0207142F F-35 SQUADRONS.................... 70,730 70,730
170 0207146F F-15EX............................ 83,830 83,830
171 0207161F TACTICAL AIM MISSILES............. 34,536 34,536
172 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 52,704 52,704
MISSILE (AMRAAM).
173 0207227F COMBAT RESCUE--PARARESCUE......... 863 863
174 0207247F AF TENCAP......................... 23,309 23,309
175 0207249F PRECISION ATTACK SYSTEMS 12,722 12,722
PROCUREMENT.
176 0207253F COMPASS CALL...................... 49,054 49,054
177 0207268F AIRCRAFT ENGINE COMPONENT 116,087 116,087
IMPROVEMENT PROGRAM.
178 0207325F JOINT AIR-TO-SURFACE STANDOFF 117,198 129,198
MISSILE (JASSM).
.................................. INDOPACOM UFR--JASSM software [12,000]
update.
179 0207327F SMALL DIAMETER BOMB (SDB)......... 27,713 27,713
181 0207412F CONTROL AND REPORTING CENTER (CRC) 6,615 6,615
182 0207417F AIRBORNE WARNING AND CONTROL 239,658 539,658
SYSTEM (AWACS).
.................................. E-7 acceleration.................. [301,000]
.................................. Early to need--communication [-1,000]
network upgrade.
183 0207418F AFSPECWAR--TACP................... 5,982 5,982
185 0207431F COMBAT AIR INTELLIGENCE SYSTEM 23,504 23,504
ACTIVITIES.
186 0207438F THEATER BATTLE MANAGEMENT (TBM) 5,851 5,851
C4I.
187 0207439F ELECTRONIC WARFARE INTEGRATED 15,990 15,990
REPROGRAMMING (EWIR).
188 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 10,315 10,315
189 0207452F DCAPES............................ 8,049 8,049
190 0207521F AIR FORCE CALIBRATION PROGRAMS.... 2,123 2,123
192 0207573F NATIONAL TECHNICAL NUCLEAR 2,039 2,039
FORENSICS.
193 0207590F SEEK EAGLE........................ 32,853 32,853
194 0207601F USAF MODELING AND SIMULATION...... 19,341 19,341
195 0207605F WARGAMING AND SIMULATION CENTERS.. 7,004 7,004
197 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,628 4,628
198 0208006F MISSION PLANNING SYSTEMS.......... 99,214 99,214
199 0208007F TACTICAL DECEPTION................ 17,074 17,074
200 0208064F OPERATIONAL HQ--CYBER............. 2,347 5,347
.................................. Program increase--command and [3,000]
control of the information
environment.
201 0208087F DISTRIBUTED CYBER WARFARE 76,592 76,592
OPERATIONS.
202 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 8,367 0
.................................. Programming error................. [-8,367]
203 0208097F JOINT CYBER COMMAND AND CONTROL 80,740 80,740
(JCC2).
204 0208099F UNIFIED PLATFORM (UP)............. 107,548 107,548
208 0208288F INTEL DATA APPLICATIONS........... 1,065 1,065
209 0301025F GEOBASE........................... 2,928 2,928
211 0301113F CYBER SECURITY INTELLIGENCE 8,972 8,972
SUPPORT.
218 0301401F AIR FORCE SPACE AND CYBER NON- 3,069 3,069
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
219 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 25,701 25,701
CENTER (NAOC).
220 0303131F MINIMUM ESSENTIAL EMERGENCY 41,171 41,171
COMMUNICATIONS NETWORK (MEECN).
221 0303140F INFORMATION SYSTEMS SECURITY 70,582 70,582
PROGRAM.
224 0303260F JOINT MILITARY DECEPTION 2,588 2,588
INITIATIVE.
226 0304260F AIRBORNE SIGINT ENTERPRISE........ 108,528 115,528
.................................. Special Mission Airborne SIGINT [7,000]
Enterprise Technology.
227 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 4,542 4,542
230 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 8,097 8,097
SERVICES.
231 0305020F CCMD INTELLIGENCE INFORMATION 1,751 1,751
TECHNOLOGY.
232 0305022F ISR MODERNIZATION & AUTOMATION 13,138 13,138
DVMT (IMAD).
233 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,895 4,895
(GATM).
234 0305103F CYBER SECURITY INITIATIVE......... 91 91
235 0305111F WEATHER SERVICE................... 11,716 21,716
.................................. Commercial weather data pilot..... [10,000]
236 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 8,511 8,511
LANDING SYSTEM (ATCALS).
237 0305116F AERIAL TARGETS.................... 1,365 1,365
240 0305128F SECURITY AND INVESTIGATIVE 223 223
ACTIVITIES.
241 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 8,328 8,328
ACTIVITIES.
243 0305179F INTEGRATED BROADCAST SERVICE (IBS) 22,123 22,123
244 0305202F DRAGON U-2........................ 20,170 20,170
245 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 55,048 60,048
.................................. Wide Area Motion Imagery.......... [5,000]
246 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,590 14,590
247 0305208F DISTRIBUTED COMMON GROUND/SURFACE 26,901 26,901
SYSTEMS.
248 0305220F RQ-4 UAV.......................... 68,801 68,801
249 0305221F NETWORK-CENTRIC COLLABORATIVE 17,564 17,564
TARGETING.
250 0305238F NATO AGS.......................... 826 826
251 0305240F SUPPORT TO DCGS ENTERPRISE........ 28,774 28,774
252 0305600F INTERNATIONAL INTELLIGENCE 15,036 15,036
TECHNOLOGY AND ARCHITECTURES.
253 0305881F RAPID CYBER ACQUISITION........... 3,739 3,739
254 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,702 2,702
(PRC2).
255 0307577F INTELLIGENCE MISSION DATA (IMD)... 6,332 6,332
256 0401115F C-130 AIRLIFT SQUADRON............ 407 407
257 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 6,100 3,100
.................................. RCMD delays....................... [-3,000]
258 0401130F C-17 AIRCRAFT (IF)................ 25,387 30,387
.................................. IR Suppression.................... [5,000]
259 0401132F C-130J PROGRAM.................... 11,060 10,060
.................................. MILSATCOM modernization delays.... [-1,000]
260 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 2,909 2,909
(LAIRCM).
261 0401218F KC-135S........................... 12,955 12,955
262 0401318F CV-22............................. 10,121 10,121
263 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 6,297 6,297
264 0708055F MAINTENANCE, REPAIR & OVERHAUL 19,892 23,892
SYSTEM.
.................................. CPF--Aviation Training Academy of [4,000]
the Future.
265 0708610F LOGISTICS INFORMATION TECHNOLOGY 5,271 5,271
(LOGIT).
267 0804743F OTHER FLIGHT TRAINING............. 2,214 2,214
269 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,164 2,164
270 0901218F CIVILIAN COMPENSATION PROGRAM..... 4,098 4,098
271 0901220F PERSONNEL ADMINISTRATION.......... 3,191 3,191
272 0901226F AIR FORCE STUDIES AND ANALYSIS 899 899
AGENCY.
273 0901538F FINANCIAL MANAGEMENT INFORMATION 5,421 5,421
SYSTEMS DEVELOPMENT.
276 1202140F SERVICE SUPPORT TO SPACECOM 13,766 13,766
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS............... 17,240,641 17,325,641
.................................. Electromagnetic spectrum [85,000]
technology for spectrum sharing,
EW protection, and offensive EW
capabilities.
.................................. SUBTOTAL OPERATIONAL SYSTEMS 23,090,569 23,470,563
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
278 0608158F STRATEGIC MISSION PLANNING AND 100,167 100,167
EXECUTION SYSTEM--SOFTWARE PILOT
PROGRAM.
279 0608410F AIR & SPACE OPERATIONS CENTER 177,827 177,827
(AOC)--SOFTWARE PILOT PROGRAM.
280 0608920F DEFENSE ENTERPRISE ACCOUNTING AND 136,202 136,202
MANAGEMENT SYSTEM (DEAMS)--
SOFTWARE PILOT PRO.
281 0208087F DISTRIBUTED CYBER WARFARE 37,346 0
OPERATIONS.
.................................. Technical realignment............. [-37,346]
282 0308605F AIR FORCE DEFENSIVE CYBER SYSTEMS 240,926 228,880
(AFDCS)--SOFTWARE PILOT PROGRAM.
.................................. Excess to need.................... [-12,046]
283 0308606F ALL DOMAIN COMMON PLATFORM (ADCP)-- 190,112 180,607
SOFTWARE PILOT PROGRAM.
.................................. Excess to need.................... [-9,505]
284 0308607F AIR FORCE WEATHER PROGRAMS-- 58,063 55,160
SOFTWARE PILOT PROGRAM.
.................................. Excess to need.................... [-2,903]
285 0308608F ELECTRONIC WARFARE INTEGRATED 5,794 5,598
REPROGRAMMING (EWIR)--SOFTWARE
PILOT PROGRAM.
.................................. Excess to need.................... [-196]
.................................. SUBTOTAL SOFTWARE AND DIGITAL 946,437 884,441
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 1,000,847
.................................. Inflation effects................. [1,000,847]
.................................. SUBTOTAL UNDISTRIBUTED............ 1,000,847
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 44,134,301 45,846,570
& EVAL, AF.
..................................
.................................. RDTE, SPACE FORCE
.................................. APPLIED RESEARCH
002 1206601SF SPACE TECHNOLOGY.................. 243,737 270,092
.................................. Advanced Analog Microelectronics.. [3,000]
.................................. Technical realignment............. [8,355]
.................................. University Consortia for Space [15,000]
Technology.
.................................. SUBTOTAL APPLIED RESEARCH......... 243,737 270,092
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
003 1206310SF SPACE SCIENCE AND TECHNOLOGY 460,820 478,472
RESEARCH AND DEVELOPMENT.
.................................. Defense in depth as mission [10,000]
assurance for spacecraft.
.................................. Program increase.................. [7,652]
004 1206616SF SPACE ADVANCED TECHNOLOGY 103,395 80,168
DEVELOPMENT/DEMO.
.................................. Reduce follow-on tranches......... [-26,000]
.................................. Technical realignment............. [2,773]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 564,215 558,640
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
005 0604002SF SPACE FORCE WEATHER SERVICES 816 816
RESEARCH.
006 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 382,594 382,594
(USER EQUIPMENT) (SPACE).
007 1203622SF SPACE WARFIGHTING ANALYSIS........ 44,791 44,791
008 1203710SF EO/IR WEATHER SYSTEMS............. 96,519 96,519
010 1206410SF SPACE TECHNOLOGY DEVELOPMENT AND 986,822 986,822
PROTOTYPING.
012 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 230,621 230,621
013 1206427SF SPACE SYSTEMS PROTOTYPE 106,252 106,252
TRANSITIONS (SSPT).
014 1206438SF SPACE CONTROL TECHNOLOGY.......... 57,953 59,953
.................................. Program increase.................. [2,000]
016 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 59,169 59,169
017 1206760SF PROTECTED TACTICAL ENTERPRISE 121,069 111,169
SERVICE (PTES).
.................................. Unjustified increase.............. [-9,900]
018 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 294,828 279,628
.................................. Unjustified increase.............. [-15,200]
019 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 565,597 542,097
.................................. Unjustified increase.............. [-23,500]
020 1206857SF SPACE RAPID CAPABILITIES OFFICE... 45,427 45,427
.................................. SUBTOTAL ADVANCED COMPONENT 2,992,458 2,945,858
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
021 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 325,927 318,727
.................................. Unjustified increase--GPS IIIF.... [-7,200]
022 1203940SF SPACE SITUATION AWARENESS 49,628 49,628
OPERATIONS.
023 1206421SF COUNTERSPACE SYSTEMS.............. 21,848 21,848
024 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 48,870 48,870
025 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 105,140 105,140
026 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 11,701 11,701
027 1206432SF POLAR MILSATCOM (SPACE)........... 67,465 67,465
028 1206433SF WIDEBAND GLOBAL SATCOM (SPACE).... 48,438 48,438
029 1206440SF NEXT-GEN OPIR--GROUND............. 612,529
.................................. Technical realignment............. [612,529]
030 1206442SF NEXT GENERATION OPIR.............. 3,479,459 253,801
.................................. Technical realignment............. [-3,225,658]
031 1206443SF NEXT-GEN OPIR--GEO................ 1,713,933
.................................. Technical realignment............. [1,713,933]
032 1206444SF NEXT-GEN OPIR--POLAR.............. 899,196
.................................. Technical realignment............. [899,196]
033 1206445SF COMMERCIAL SATCOM (COMSATCOM) 23,513 23,513
INTEGRATION.
034 1206446SF RESILIENT MISSILE WARNING MISSILE 499,840 525,637
TRACKING--LOW EARTH ORBIT (LEO).
.................................. Technical realignment............. [25,797]
035 1206447SF RESILIENT MISSILE WARNING MISSILE 139,131 303,930
TRACKING--MEDIUM EARTH ORBIT
(MEO).
.................................. Technical realignment............. [164,799]
036 1206448SF RESILIENT MISSILE WARNING MISSILE 390,596 0
TRACKING--INTEGRATED GROUND
SEGMENT.
.................................. Technical realignment............. [-390,596]
037 1206853SF NATIONAL SECURITY SPACE LAUNCH 124,103 154,103
PROGRAM (SPACE)--EMD.
.................................. Increase EMD for NSSL Phase 3 and [30,000]
beyond activities.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 5,335,659 5,158,459
DEMONSTRATION.
039 1206116SF SPACE TEST AND TRAINING RANGE 21,453 21,453
DEVELOPMENT.
040 1206392SF ACQ WORKFORCE--SPACE & MISSILE 253,716 253,716
SYSTEMS.
041 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 13,962 13,962
MHA.
042 1206616SF SPACE ADVANCED TECHNOLOGY 2,773 0
DEVELOPMENT/DEMO.
.................................. Technical realignment............. [-2,773]
043 1206759SF MAJOR T&E INVESTMENT--SPACE....... 89,751 89,751
044 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,922 17,922
(SPACE).
045 1206862SF TACTICALLY RESPONSIVE LAUNCH...... 100,000
.................................. Continue Tactically Responsive [100,000]
Space.
046 1206864SF SPACE TEST PROGRAM (STP).......... 25,366 25,366
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 424,943 522,170
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
048 1201017SF GLOBAL SENSOR INTEGRATED ON 5,321 5,321
NETWORK (GSIN).
049 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 128,243 128,243
(FAB-T).
050 1203040SF DCO-SPACE......................... 28,162 28,162
051 1203109SF NARROWBAND SATELLITE 165,892 165,892
COMMUNICATIONS.
052 1203110SF SATELLITE CONTROL NETWORK (SPACE). 42,199 42,199
053 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 2,062 2,062
(SPACE AND CONTROL SEGMENTS).
054 1203173SF SPACE AND MISSILE TEST AND 4,157 4,157
EVALUATION CENTER.
055 1203174SF SPACE INNOVATION, INTEGRATION AND 38,103 38,103
RAPID TECHNOLOGY DEVELOPMENT.
056 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,658 11,658
057 1203265SF GPS III SPACE SEGMENT............. 1,626 1,626
058 1203330SF SPACE SUPERIORITY ISR............. 29,128 29,128
059 1203620SF NATIONAL SPACE DEFENSE CENTER..... 2,856 2,856
060 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 18,615 21,615
.................................. Upgrades for Perimeter Acquisition [3,000]
Radar Attack Characterization
System (PARCS).
061 1203906SF NCMC--TW/AA SYSTEM................ 7,274 7,274
062 1203913SF NUDET DETECTION SYSTEM (SPACE).... 80,429 80,429
063 1203940SF SPACE SITUATION AWARENESS 80,903 80,903
OPERATIONS.
064 1206423SF GLOBAL POSITIONING SYSTEM III-- 359,720 359,720
OPERATIONAL CONTROL SEGMENT.
068 1206770SF ENTERPRISE GROUND SERVICES........ 123,601 123,601
9999 9999999999 CLASSIFIED PROGRAMS............... 4,973,358 5,306,358
.................................. INDOPACOM UFR--Operationalize near- [308,000]
term space control.
.................................. Program adjustment................ [25,000]
.................................. SUBTOTAL OPERATIONAL SYSTEM 6,103,307 6,439,307
DEVELOPMENT.
..................................
.................................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
070 1208248SF SPACE COMMAND & CONTROL--SOFTWARE 155,053 155,053
PILOT PROGRAM.
.................................. SUBTOTAL SOFTWARE & DIGITAL 155,053 155,053
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 539,491
.................................. Inflation effects................. [539,491]
.................................. SUBTOTAL UNDISTRIBUTED............ 539,491
..................................
.................................. TOTAL RDTE, SPACE FORCE........... 15,819,372 16,589,070
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 11,584 11,584
002 0601101E DEFENSE RESEARCH SCIENCES......... 401,870 494,344
.................................. AI for supply chain............... [3,000]
.................................. Math and computer science......... [5,000]
.................................. Program increase.................. [84,474]
003 0601108D8Z HIGH ENERGY LASER RESEARCH 16,257 16,257
INITIATIVES.
004 0601110D8Z BASIC RESEARCH INITIATIVES........ 62,386 84,686
.................................. CPF--FIU/SOUTHCOM Security [1,300]
Research Hub / Enhanced Domain
Awareness (EDA) Initiative.
.................................. CPF--HBCU Training for the Future [1,000]
of Aerospace.
.................................. Defense established program to [20,000]
stimulate competitive research
(DEPSCoR).
005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 80,874 80,874
SCIENCE.
006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 132,347 140,347
.................................. CPF--Florida Memorial Avionics [1,000]
Smart Scholars.
.................................. Program increase--Ronald V. [5,000]
Dellums Memorial Fellowship.
.................................. SMART............................. [2,000]
007 0601228D8Z HISTORICALLY BLACK COLLEGES AND 33,288 131,711
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. CPF--Augmenting Quantum Sensing [1,111]
Research, Education and Training
in DoD CoE at DSU.
.................................. CPF--Florida Memorial University [600]
Department of Natural Sciences
STEM Equipment.
.................................. Program increase.................. [66,712]
.................................. Program increase for STEM programs [30,000]
008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 34,734 34,734
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........... 773,340 994,537
..................................
.................................. APPLIED RESEARCH
010 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 18,961 18,961
011 0602115E BIOMEDICAL TECHNOLOGY............. 106,958 114,658
.................................. Next-Generation Combat Casualty [7,700]
Care.
012 0602128D8Z PROMOTION AND PROTECTION 3,275 3,275
STRATEGIES.
014 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 20,634 60,634
.................................. Open radio access networks for [40,000]
next generation wireless
experimentation.
015 0602234D8Z LINCOLN LABORATORY RESEARCH 46,159 46,159
PROGRAM.
016 0602251D8Z APPLIED RESEARCH FOR THE 67,666 67,666
ADVANCEMENT OF S&T PRIORITIES.
017 0602303E INFORMATION & COMMUNICATIONS 388,270 513,270
TECHNOLOGY.
.................................. AI/autonomy to cybersecurity and [30,000]
cyberspace operations challenges.
.................................. National Security Commission on AI [75,000]
recommendations.
.................................. Underexplored systems for utility- [20,000]
scale quantum computing.
018 0602383E BIOLOGICAL WARFARE DEFENSE........ 23,059 23,059
019 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 256,197 256,197
PROGRAM.
020 0602668D8Z CYBER SECURITY RESEARCH........... 17,264 32,264
.................................. Cyber consortium seedling funding. [10,000]
.................................. Program increase--Pacific [5,000]
intelligence and innovation
initiative.
021 0602675D8Z SOCIAL SCIENCES FOR ENVIRONMENTAL 4,000 4,000
SECURITY.
022 0602702E TACTICAL TECHNOLOGY............... 221,883 243,383
.................................. MAD-FIRES......................... [35,000]
.................................. Program reduction................. [-13,500]
023 0602715E MATERIALS AND BIOLOGICAL 352,976 342,776
TECHNOLOGY.
.................................. Reduce growth..................... [-12,500]
.................................. ReVector.......................... [2,300]
024 0602716E ELECTRONICS TECHNOLOGY............ 557,745 557,745
025 0602718BR COUNTER WEAPONS OF MASS 192,162 192,162
DESTRUCTION APPLIED RESEARCH.
026 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 11,030 11,030
(SEI) APPLIED RESEARCH.
027 0602890D8Z HIGH ENERGY LASER RESEARCH........ 48,587 48,587
028 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 49,174 49,174
.................................. SUBTOTAL APPLIED RESEARCH......... 2,386,000 2,585,000
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
029 0603000D8Z JOINT MUNITIONS ADVANCED 34,065 34,065
TECHNOLOGY.
030 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,919 4,919
031 0603122D8Z COMBATING TERRORISM TECHNOLOGY 72,614 92,614
SUPPORT.
.................................. United States-Israel Cooperation [15,000]
to Counter Unmanned Aerial
Systems.
.................................. VTOL Loitering Munition (ROC-X)... [5,000]
032 0603133D8Z FOREIGN COMPARATIVE TESTING....... 26,802 26,802
034 0603160BR COUNTER WEAPONS OF MASS 395,721 395,721
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
035 0603176BR ADVANCED CONCEPTS AND PERFORMANCE 6,505 6,505
ASSESSMENT.
036 0603176C ADVANCED CONCEPTS AND PERFORMANCE 16,737 16,737
ASSESSMENT.
037 0603180C ADVANCED RESEARCH................. 22,023 40,023
.................................. Benzoxazine High-Mach System [4,000]
Thermal Protection.
.................................. High Temperature Nickel Based [4,000]
Alloy research.
.................................. Sounding Rocket Testbed Technology [10,000]
Maturation Tests.
038 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 52,156 55,156
DEVELOPMENT &TRANSITION.
.................................. Accelerate co-development of key [3,000]
partner programs.
039 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,898 18,898
DEVELOPMENT.
040 0603286E ADVANCED AEROSPACE SYSTEMS........ 253,135 350,435
.................................. GlideBreaker...................... [20,000]
.................................. OpFires........................... [42,300]
.................................. Tactical Boost Glide (TBG)........ [35,000]
041 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 81,888 81,888
042 0603288D8Z ANALYTIC ASSESSMENTS.............. 24,052 24,052
043 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 53,890 61,390
CONCEPTS.
.................................. Emerging opportunities............ [7,500]
046 0603338D8Z DEFENSE MODERNIZATION AND 141,561 141,561
PROTOTYPING.
047 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 42,925 87,925
.................................. National Security Innovation [15,000]
Capital program increase.
.................................. Program increase.................. [25,000]
.................................. Small craft electric propulsion... [5,000]
048 0603375D8Z TECHNOLOGY INNOVATION............. 109,535 309,535
.................................. Accelerating quantum applications. [100,000]
.................................. Domestic Supply Chain for [100,000]
Microelectronics Critical Element
Production.
049 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 238,407 233,262
PROGRAM--ADVANCED DEVELOPMENT.
.................................. Biological Defense Vaccines and [5,000]
Advanced Therapeutics.
.................................. Poor justification................ [-10,145]
050 0603527D8Z RETRACT LARCH..................... 79,493 79,493
051 0603618D8Z JOINT ELECTRONIC ADVANCED 19,218 19,218
TECHNOLOGY.
052 0603648D8Z JOINT CAPABILITY TECHNOLOGY 114,100 114,100
DEMONSTRATIONS.
053 0603662D8Z NETWORKED COMMUNICATIONS 3,168 3,168
CAPABILITIES.
054 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 256,142 743,142
AND TECHNOLOGY PROGRAM.
.................................. Advanced textiles................. [10,000]
.................................. Artificial intelligence for [3,000]
predictive maintenance.
.................................. BioMADE........................... [30,000]
.................................. Biotechnology Manufacturing [300,000]
Institutes.
.................................. CPF--Future Nano and Micro- [4,000]
Fabrication - Advanced Materials
Engineering Research Institute.
.................................. CPF--Manufacturing of Advanced [4,000]
Composites for Hypersonics -
Aided by Digital Engineering.
.................................. CPF--Scalable comprehensive [4,000]
workforce readiness initiatives
in bioindustrial manufacturing
that lead to regional bioeconomic
transformation and growth.
.................................. HPC-enabled advanced manufacturing [25,000]
.................................. Increase production capacity for [12,000]
hypersonics.
.................................. Internet of things and operational [5,000]
technology asset identification
and management.
.................................. New bioproducts................... [10,000]
.................................. Robotics supply chain research.... [15,000]
.................................. Silicon carbide matrix materials [50,000]
for hypersonics.
.................................. Tools and methods to improve [15,000]
biomanufacturing.
055 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 46,166 49,166
.................................. AI-based market research.......... [3,000]
056 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 13,663 13,663
DEMONSTRATIONS.
057 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 58,411 63,411
PROGRAM.
.................................. SERDP- PFAS remediation [5,000]
technologies.
058 0603720S MICROELECTRONICS TECHNOLOGY 139,833 139,833
DEVELOPMENT AND SUPPORT.
059 0603727D8Z JOINT WARFIGHTING PROGRAM......... 2,411 2,411
060 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 250,917 250,917
061 0603760E COMMAND, CONTROL AND 305,050 315,050
COMMUNICATIONS SYSTEMS.
.................................. DARPA LogX advanced supply chain [10,000]
mapping.
062 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 678,562 853,562
.................................. Assault Breaker II................ [120,000]
.................................. Classified program................ [15,000]
.................................. DARPA network-centric warfare [20,000]
technology.
.................................. Non-kinetic/cyber modeling and [20,000]
simulation.
063 0603767E SENSOR TECHNOLOGY................. 314,502 314,502
064 0603769D8Z DISTRIBUTED LEARNING ADVANCED 201 201
TECHNOLOGY DEVELOPMENT.
065 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 13,417 13,417
066 0603924D8Z HIGH ENERGY LASER ADVANCED 111,149 111,149
TECHNOLOGY PROGRAM.
067 0603941D8Z TEST & EVALUATION SCIENCE & 315,090 350,090
TECHNOLOGY.
.................................. Program increase.................. [35,000]
068 0603950D8Z NATIONAL SECURITY INNOVATION 22,028 42,028
NETWORK.
.................................. Mission acceleration centers...... [20,000]
069 0604055D8Z OPERATIONAL ENERGY CAPABILITY 180,170 179,290
IMPROVEMENT.
.................................. Excess growth..................... [-10,880]
.................................. Program increase for tristructural- [10,000]
isotropic fuel.
072 1160402BB SOF ADVANCED TECHNOLOGY 118,877 125,877
DEVELOPMENT.
.................................. Next Generation ISR SOF [7,000]
Enhancement/ Technical Support
Systems.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 4,638,401 5,765,176
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
074 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 41,507 41,507
SECURITY EQUIPMENT RDT&E ADC&P.
075 0603600D8Z WALKOFF........................... 133,795 133,795
076 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 84,638 93,638
CERTIFICATION PROGRAM.
.................................. ESTCP--PFAS Disposal.............. [5,000]
.................................. ESTCP--PFAS free fire fighting [1,000]
turnout gear.
.................................. Sustainable Technology Evaluation [3,000]
and Demonstration program.
077 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 190,216 190,216
DEFENSE SEGMENT.
078 0603882C BALLISTIC MISSILE DEFENSE 667,524 667,524
MIDCOURSE DEFENSE SEGMENT.
079 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 291,364 252,010
PROGRAM--DEM/VAL.
.................................. Poor justification................ [-39,354]
080 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 231,134 231,134
081 0603890C BMD ENABLING PROGRAMS............. 591,847 591,847
082 0603891C SPECIAL PROGRAMS--MDA............. 316,977 316,977
083 0603892C AEGIS BMD......................... 600,072 600,072
084 0603896C BALLISTIC MISSILE DEFENSE COMMAND 589,374 589,374
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
085 0603898C BALLISTIC MISSILE DEFENSE JOINT 50,269 50,269
WARFIGHTER SUPPORT.
086 0603904C MISSILE DEFENSE INTEGRATION & 49,367 49,367
OPERATIONS CENTER (MDIOC).
087 0603906C REGARDING TRENCH.................. 12,146 12,146
088 0603907C SEA BASED X-BAND RADAR (SBX)...... 164,668 164,668
089 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
090 0603914C BALLISTIC MISSILE DEFENSE TEST.... 367,824 367,824
091 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 559,513 619,513
.................................. Advanced Reactive Target [20,000]
Simulation Development.
.................................. Hypersonic Maneuvering Extended [40,000]
Range (HMER) Target System.
092 0603923D8Z COALITION WARFARE................. 11,154 11,154
093 0604011D8Z NEXT GENERATION INFORMATION 249,591 329,591
COMMUNICATIONS TECHNOLOGY (5G).
.................................. 5G experimentation, transition, [80,000]
and ORAN activities.
094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,166 3,166
PROGRAM.
095 0604102C GUAM DEFENSE DEVELOPMENT.......... 397,936 397,936
096 0604115C TECHNOLOGY MATURATION INITIATIVES. 7,000
.................................. Diode-Pumped Alkali Laser (DPAL) [7,000]
development.
097 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL 33,950 33,950
INTELLIGENCE OFFICER (CDAO)--MIP.
099 0604181C HYPERSONIC DEFENSE................ 225,477 517,977
.................................. MDA UFR--Glide phase defense [292,500]
weapons systems.
100 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,145,358 1,182,622
.................................. Cost overestimation--mission [-49,236]
support expenses.
.................................. INDOPACOM UFR--Sea Urchin powered [30,000]
quickstrike mines.
.................................. INDOPACOM UFR--SIGINT upgrades.... [9,500]
.................................. Program increase.................. [40,000]
.................................. Program increase--pele mobile [7,000]
nuclear microreactor.
101 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 647,226 672,226
.................................. Program increase--radiation- [20,000]
hardened fully-depleted silicon-
on-insulator microelectronics.
.................................. Trusted & Assured Microelectronics [5,000]
102 0604331D8Z RAPID PROTOTYPING PROGRAM......... 179,189 179,189
103 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 24,402 24,402
PROTOTYPING.
104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,691 2,691
UNMANNED SYSTEM COMMON
DEVELOPMENT.
105 0604551BR CATAPULT.......................... 7,130 7,130
106 0604555D8Z OPERATIONAL ENERGY CAPABILITY 45,779 45,779
IMPROVEMENT--NON S&T.
108 0604682D8Z WARGAMING AND SUPPORT FOR 3,229 3,229
STRATEGIC ANALYSIS (SSA).
109 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 40,699 44,699
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
.................................. Excess to need.................... [-5,000]
.................................. JADC2 experimentation............. [9,000]
110 0604873C LONG RANGE DISCRIMINATION RADAR 75,120 75,120
(LRDR).
111 0604874C IMPROVED HOMELAND DEFENSE 1,833,357 1,833,357
INTERCEPTORS.
112 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 69,762 69,762
DEFENSE SEGMENT TEST.
113 0604878C AEGIS BMD TEST.................... 182,776 175,619
.................................. Excess growth..................... [-7,157]
114 0604879C BALLISTIC MISSILE DEFENSE SENSOR 88,326 88,326
TEST.
115 0604880C LAND-BASED SM-3 (LBSM3)........... 27,678 27,678
116 0604887C BALLISTIC MISSILE DEFENSE 84,075 84,075
MIDCOURSE SEGMENT TEST.
117 0202057C SAFETY PROGRAM MANAGEMENT......... 2,417 2,417
118 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,664 2,664
SYSTEMS.
120 0305103C CYBER SECURITY INITIATIVE......... 1,165 1,165
123 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 129,957 129,957
SPACE PROGRAMS.
276 0604795D8Z ACCELERATE PROCUREMENT AND 100,000
FIELDING OF INNOVATIVE
TECHNOLOGIES (APFIT).
.................................. Realignment of funds.............. [100,000]
.................................. SUBTOTAL ADVANCED COMPONENT 10,756,509 11,324,762
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
124 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL 273,340 273,340
INTELLIGENCE OFFICER (CDAO)--DEM/
VAL ACTIVITIES.
125 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 6,482 6,482
SECURITY EQUIPMENT RDT&E SDD.
127 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 312,148 309,073
PROGRAM--EMD.
.................................. Poor justification................ [-3,075]
128 0604771D8Z JOINT TACTICAL INFORMATION 9,120 9,120
DISTRIBUTION SYSTEM (JTIDS).
129 0605000BR COUNTER WEAPONS OF MASS 14,403 14,403
DESTRUCTION SYSTEMS DEVELOPMENT.
130 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 1,244 1,244
131 0605021SE HOMELAND PERSONNEL SECURITY 6,191 6,191
INITIATIVE.
132 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 10,145 10,145
133 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 5,938 5,938
136 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 23,171 23,171
FINANCIAL SYSTEM.
137 0605141BR MISSION ASSURANCE RISK MANAGEMENT 14,093 14,093
SYSTEM (MARMS).
138 0605210D8Z DEFENSE-WIDE ELECTRONIC 6,949 6,949
PROCUREMENT CAPABILITIES.
139 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 302,963 302,963
140 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,758 3,758
COMMUNICATIONS.
141 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 8,121 8,121
MANAGEMENT (EEIM).
142 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 16,048 16,048
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 1,014,114 1,011,039
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
143 0603829J JOINT CAPABILITY EXPERIMENTATION.. 12,452 12,452
144 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 8,902 8,902
(DRRS).
145 0604875D8Z JOINT SYSTEMS ARCHITECTURE 6,610 6,610
DEVELOPMENT.
146 0604940D8Z CENTRAL TEST AND EVALUATION 819,358 1,094,358
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Program increase.................. [275,000]
147 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 4,607 4,607
148 0605001E MISSION SUPPORT................... 86,869 86,869
149 0605100D8Z JOINT MISSION ENVIRONMENT TEST 126,079 151,079
CAPABILITY (JMETC).
.................................. Joint Mission Environment......... [25,000]
150 0605126J JOINT INTEGRATED AIR AND MISSILE 53,278 53,278
DEFENSE ORGANIZATION (JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING............... 39,009 39,009
153 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 5,716 5,716
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 15,379 15,379
155 0605170D8Z SUPPORT TO NETWORKS AND 9,449 9,449
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO 6,112 6,112
OUSD(INTELLIGENCE AND SECURITY).
157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 124,475 124,475
PROGRAM.
158 0605502BP SMALL BUSINESS INNOVATIVE 5,100
RESEARCH--CHEMICAL BIOLOGICAL DEF.
.................................. Operational Rapid Multi-Pathogen [5,100]
Diagnostic Tool.
165 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,820 3,820
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
166 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 35,414 35,414
167 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 56,114 56,114
168 0605801KA DEFENSE TECHNICAL INFORMATION 63,184 63,184
CENTER (DTIC).
169 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 23,757 23,757
TESTING AND EVALUATION.
170 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 26,652 26,652
171 0605898E MANAGEMENT HQ--R&D................ 14,636 14,636
172 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,518 3,518
INFORMATION CENTER (DTIC).
173 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 15,244 15,244
174 0606114D8Z ANALYSIS WORKING GROUP (AWG) 4,700 4,700
SUPPORT.
175 0606135D8Z CHIEF DIGITAL AND ARTIFICIAL 13,132 13,132
INTELLIGENCE OFFICER (CDAO)
ACTIVITIES.
176 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,323 3,323
ANALYSIS.
177 0606300D8Z DEFENSE SCIENCE BOARD............. 2,532 2,532
179 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY 32,306 32,306
POLICY.
180 0606853BR MANAGEMENT, TECHNICAL & 12,354 12,354
INTERNATIONAL SUPPORT.
181 0203345D8Z DEFENSE OPERATIONS SECURITY 3,034 3,034
INITIATIVE (DOSI).
182 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 4,332 4,332
183 0208045K C4I INTEROPERABILITY.............. 69,698 69,698
189 0305172K COMBINED ADVANCED APPLICATIONS.... 16,171 16,171
191 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,072 3,072
SYSTEMS.
192 0804768J COCOM EXERCISE ENGAGEMENT AND 37,852 37,852
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
193 0808709SE DEFENSE EQUAL OPPORTUNITY 716 716
MANAGEMENT INSTITUTE (DEOMI).
194 0901598C MANAGEMENT HQ--MDA................ 25,259 25,259
195 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,141 3,141
9999 9999999999 CLASSIFIED PROGRAMS............... 37,841 37,841
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,830,097 2,135,197
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
200 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 588,094 610,094
SUSTAINMENT SUPPORT.
.................................. Carbon/carbon industrial base [3,000]
enhancement.
.................................. CPF--Critical Non-Destructive [2,000]
Inspection and Training for Key
U.S. National Defense Interests
through College of the Canyons
Advanced Technology Center.
.................................. CPF--Partnerships for [4,000]
Manufacturing Training Innovation.
.................................. Precision optics manufacturing.... [5,000]
.................................. RF microelectronics supply chain.. [8,000]
201 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 15,427 15,427
DEVELOPMENT.
202 0607327T GLOBAL THEATER SECURITY 8,317 8,317
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
203 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 68,030 68,030
(OPERATIONAL SYSTEMS DEVELOPMENT).
209 0302019K DEFENSE INFO INFRASTRUCTURE 19,145 19,145
ENGINEERING AND INTEGRATION.
210 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 13,195 13,195
211 0303131K MINIMUM ESSENTIAL EMERGENCY 5,746 5,746
COMMUNICATIONS NETWORK (MEECN).
212 0303136G KEY MANAGEMENT INFRASTRUCTURE 92,018 92,018
(KMI).
213 0303140D8Z INFORMATION SYSTEMS SECURITY 43,135 63,135
PROGRAM.
.................................. NSA CAE Cybersecurity Workforce [20,000]
pilot program.
214 0303140G INFORMATION SYSTEMS SECURITY 593,831 593,831
PROGRAM.
215 0303140K INFORMATION SYSTEMS SECURITY 7,005 7,005
PROGRAM.
216 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 10,020 10,020
217 0303153K DEFENSE SPECTRUM ORGANIZATION..... 19,708 19,708
221 0303430V FEDERAL INVESTIGATIVE SERVICES 5,197 5,197
INFORMATION TECHNOLOGY.
226 0305104D8Z DEFENSE INDUSTRIAL BASE (DIB) 10,000 10,000
CYBER SECURITY INITIATIVE.
229 0305128V SECURITY AND INVESTIGATIVE 450 450
ACTIVITIES.
230 0305133V INDUSTRIAL SECURITY ACTIVITIES.... 1,800 1,800
233 0305146V DEFENSE JOINT COUNTERINTELLIGENCE 4,622 4,622
ACTIVITIES.
234 0305172D8Z COMBINED ADVANCED APPLICATIONS.... 49,380 49,380
237 0305186D8Z POLICY R&D PROGRAMS............... 6,214 6,214
238 0305199D8Z NET CENTRICITY.................... 17,917 17,917
240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,095 6,095
SYSTEMS.
246 0305245D8Z INTELLIGENCE CAPABILITIES AND 4,575 4,575
INNOVATION INVESTMENTS.
247 0305251K CYBERSPACE OPERATIONS FORCES AND 2,497 2,497
FORCE SUPPORT.
248 0305327V INSIDER THREAT.................... 9,403 9,403
249 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 1,864 1,864
TRANSFER PROGRAM.
257 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,620 1,620
258 0708012S PACIFIC DISASTER CENTERS.......... 1,875 1,875
259 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,264 3,264
SYSTEM.
261 1105219BB MQ-9 UAV.......................... 14,000 29,840
.................................. MQ-9 Mallett reprogramming........ [5,840]
.................................. Speed Loader Agile POD............ [10,000]
263 1160403BB AVIATION SYSTEMS.................. 179,499 179,499
264 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 75,136 75,136
265 1160408BB OPERATIONAL ENHANCEMENTS.......... 142,900 168,810
.................................. Artificial intelligence for Small [15,000]
Unit Maneuver (AISUM).
.................................. CPF--Intercept, Collect, Analyze, [2,300]
and Disrupt (ICAD) Application.
.................................. SOCOM UFR--Switchblade shipboard [8,610]
safety cert.
266 1160431BB WARRIOR SYSTEMS................... 129,133 146,860
.................................. Counter Unmanned Systems (CUxS) [5,400]
Procurement Acceleration.
.................................. Maritime Scalable Effects (MSE) [2,397]
Electronic Warfare System
Acceleration.
.................................. SOCOM UFR--Ground organic [9,930]
precision strike systems.
267 1160432BB SPECIAL PROGRAMS.................. 518 518
268 1160434BB UNMANNED ISR...................... 3,354 3,354
269 1160480BB SOF TACTICAL VEHICLES............. 13,594 13,594
270 1160483BB MARITIME SYSTEMS.................. 82,645 112,645
.................................. Dry Combat Submersible (DCS) Next [30,000]
Acceleration.
272 1160490BB OPERATIONAL ENHANCEMENTS 7,583 7,583
INTELLIGENCE.
273 1203610K TELEPORT PROGRAM.................. 1,270 1,270
9999 9999999999 CLASSIFIED PROGRAMS............... 7,854,604 7,854,604
.................................. SUBTOTAL OPERATIONAL SYSTEMS 10,114,680 10,246,157
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
274 0608197V NATIONAL BACKGROUND INVESTIGATION 132,524 132,524
SERVICES--SOFTWARE PILOT PROGRAM.
275 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 17,123 17,123
PILOT PROGRAM.
276 0608775D8Z ACCELERATE THE PROCUREMENT AND 100,000 0
FIELDING OF INNOVATIVE
TECHNOLOGIES (APFIT).
.................................. Realignment of funds.............. [-100,000]
277 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 34,987 34,987
282 0308609V NATIONAL INDUSTRIAL SECURITY 14,749 14,749
SYSTEMS (NISS)--SOFTWARE PILOT
PROGRAM.
9999 9999999999 CLASSIFIED PROGRAMS............... 265,028 265,028
.................................. SUBTOTAL SOFTWARE AND DIGITAL 564,411 464,411
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 849,931
.................................. Inflation effects................. [849,931]
.................................. SUBTOTAL UNDISTRIBUTED............ 849,931
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 32,077,552 35,376,210
& EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 119,529 119,529
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 99,947 99,947
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 57,718 57,718
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 277,194 277,194
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 9,485
.................................. Inflation effects................. [9,485]
.................................. SUBTOTAL UNDISTRIBUTED............ 9,485
..................................
.................................. TOTAL OPERATIONAL TEST & EVAL, 277,194 286,679
DEFENSE.
..................................
.................................. TOTAL RDT&E....................... 130,097,410 138,862,616
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 4,506,811 4,376,811
Program decrease.......... [-130,000]
020 MODULAR SUPPORT BRIGADES...... 177,136 177,136
030 ECHELONS ABOVE BRIGADE........ 894,629 879,629
Unjustified growth........ [-15,000]
040 THEATER LEVEL ASSETS.......... 2,570,949 2,569,449
Increase for Army Caisson [5,000]
platoon facility
improvements..............
Program decrease.......... [-6,500]
050 LAND FORCES OPERATIONS SUPPORT 1,184,230 1,144,230
Program decrease.......... [-40,000]
060 AVIATION ASSETS............... 2,220,817 2,185,817
Program decrease.......... [-35,000]
070 FORCE READINESS OPERATIONS 7,366,299 7,393,698
SUPPORT......................
Army UFR--Arctic OCIE for [32,500]
Alaska bases, Fort Drum,
Fort Carson...............
Army UFR--female/small [32,500]
stature body armor........
Army UFR--initial issue of [8,999]
Extended Cold Weather
Clothing System Layer 1
and 2.....................
Program decrease.......... [-50,000]
Service Tactical SIGINT [3,400]
Upgrades--INDOPACOM UPL...
080 LAND FORCES SYSTEMS READINESS. 483,683 483,683
090 LAND FORCES DEPOT MAINTENANCE. 1,399,173 1,399,173
100 MEDICAL READINESS............. 897,522 897,522
110 BASE OPERATIONS SUPPORT....... 9,330,325 9,286,325
Base Operating Support for [6,000]
AFFF Replacement, mobile
assets and Disposal.......
Program decrease.......... [-50,000]
120 FACILITIES SUSTAINMENT, 4,666,658 5,220,598
RESTORATION & MODERNIZATION..
Increase for Army Caisson [15,000]
platoon facility
improvements..............
Increase for FSRM to 100%. [538,940]
130 MANAGEMENT AND OPERATIONAL 284,483 274,983
HEADQUARTERS.................
Program decrease.......... [-9,500]
140 ADDITIONAL ACTIVITIES......... 450,348 450,348
160 RESET......................... 383,360 383,360
170 US AFRICA COMMAND............. 385,685 445,685
AFRICOM UFR--intelligence, [50,000]
surveillance, and
reconnaissance............
Program increase: [10,000]
USAFRICOM exercise site
surveys...................
180 US EUROPEAN COMMAND........... 359,602 359,602
190 US SOUTHERN COMMAND........... 204,336 208,436
SOUTHCOM enhanced domain [4,100]
awareness.................
200 US FORCES KOREA............... 67,756 67,756
210 CYBERSPACE ACTIVITIES-- 495,066 495,066
CYBERSPACE OPERATIONS........
220 CYBERSPACE ACTIVITIES-- 673,701 673,701
CYBERSECURITY................
230 JOINT CYBER MISSION FORCES.... 178,033 178,033
SUBTOTAL OPERATING FORCES. 39,180,602 39,551,041
MOBILIZATION
240 STRATEGIC MOBILITY............ 434,423 453,213
INDOPACOM UFR--Theater [18,790]
campaigning...............
250 ARMY PREPOSITIONED STOCKS..... 378,494 378,494
260 INDUSTRIAL PREPAREDNESS....... 4,001 4,001
SUBTOTAL MOBILIZATION..... 816,918 835,708
TRAINING AND RECRUITING
270 OFFICER ACQUISITION........... 173,439 173,439
280 RECRUIT TRAINING.............. 78,826 78,826
290 ONE STATION UNIT TRAINING..... 128,117 128,117
300 SENIOR RESERVE OFFICERS 554,992 554,992
TRAINING CORPS...............
310 SPECIALIZED SKILL TRAINING.... 1,115,045 1,115,045
320 FLIGHT TRAINING............... 1,396,392 1,396,392
330 PROFESSIONAL DEVELOPMENT 221,960 221,960
EDUCATION....................
340 TRAINING SUPPORT.............. 717,318 701,318
Program decrease.......... [-16,000]
350 RECRUITING AND ADVERTISING.... 691,053 691,053
360 EXAMINING..................... 192,832 192,832
370 OFF-DUTY AND VOLUNTARY 235,340 235,340
EDUCATION....................
380 CIVILIAN EDUCATION AND 251,378 251,378
TRAINING.....................
390 JUNIOR RESERVE OFFICER 196,088 196,088
TRAINING CORPS...............
SUBTOTAL TRAINING AND 5,952,780 5,936,780
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
410 SERVICEWIDE TRANSPORTATION.... 662,083 655,083
Program decrease.......... [-7,000]
420 CENTRAL SUPPLY ACTIVITIES..... 822,018 822,018
430 LOGISTIC SUPPORT ACTIVITIES... 806,861 794,861
Program decrease.......... [-12,000]
440 AMMUNITION MANAGEMENT......... 483,187 483,187
450 ADMINISTRATION................ 486,154 486,154
460 SERVICEWIDE COMMUNICATIONS.... 1,871,173 1,856,173
Program decrease.......... [-15,000]
470 MANPOWER MANAGEMENT........... 344,668 344,668
480 OTHER PERSONNEL SUPPORT....... 811,999 811,999
490 OTHER SERVICE SUPPORT......... 2,267,280 2,245,280
Program decrease.......... [-22,000]
500 ARMY CLAIMS ACTIVITIES........ 191,912 191,912
510 REAL ESTATE MANAGEMENT........ 288,942 288,942
520 FINANCIAL MANAGEMENT AND AUDIT 410,983 410,983
READINESS....................
530 DEF ACQUISITION WORKFORCE 38,714 38,714
DEVELOPMENT ACCOUNT..........
540 INTERNATIONAL MILITARY 532,377 532,377
HEADQUARTERS.................
550 MISC. SUPPORT OF OTHER NATIONS 35,709 35,709
590A CLASSIFIED PROGRAMS........... 2,113,196 2,113,196
SUBTOTAL ADMINISTRATION 12,167,256 12,111,256
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
600 UNDISTRIBUTED................. 790,692
Foreign currency [-208,000]
fluctuations..............
Inflation effects......... [1,198,692]
Program decrease [-200,000]
unaccounted for...........
SUBTOTAL UNDISTRIBUTED.... 790,692
TOTAL OPERATION & 58,117,556 59,225,477
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 14,404 14,404
020 ECHELONS ABOVE BRIGADE........ 662,104 662,104
030 THEATER LEVEL ASSETS.......... 133,599 133,599
040 LAND FORCES OPERATIONS SUPPORT 646,693 646,693
050 AVIATION ASSETS............... 128,883 128,883
060 FORCE READINESS OPERATIONS 409,994 409,994
SUPPORT......................
070 LAND FORCES SYSTEMS READINESS. 90,595 90,595
080 LAND FORCES DEPOT MAINTENANCE. 44,453 44,453
090 BASE OPERATIONS SUPPORT....... 567,170 567,170
100 FACILITIES SUSTAINMENT, 358,772 403,772
RESTORATION & MODERNIZATION..
Program increase.......... [45,000]
110 MANAGEMENT AND OPERATIONAL 22,112 22,112
HEADQUARTERS.................
120 CYBERSPACE ACTIVITIES-- 2,929 2,929
CYBERSPACE OPERATIONS........
130 CYBERSPACE ACTIVITIES-- 7,382 7,382
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 3,089,090 3,134,090
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
140 SERVICEWIDE TRANSPORTATION.... 18,994 18,994
150 ADMINISTRATION................ 20,670 20,670
160 SERVICEWIDE COMMUNICATIONS.... 31,652 31,652
170 MANPOWER MANAGEMENT........... 6,852 6,852
180 RECRUITING AND ADVERTISING.... 61,246 61,246
SUBTOTAL ADMINISTRATION 139,414 139,414
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
190 UNDISTRIBUTED................. 33,838
Foreign currency [-10,900]
fluctuations..............
Historical unobligated [-18,000]
balances..................
Inflation effects......... [62,738]
SUBTOTAL UNDISTRIBUTED.... 33,838
TOTAL OPERATION & 3,228,504 3,307,342
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 964,237 975,737
Northern Strike........... [11,500]
020 MODULAR SUPPORT BRIGADES...... 214,191 214,191
030 ECHELONS ABOVE BRIGADE........ 820,752 820,752
040 THEATER LEVEL ASSETS.......... 97,184 97,184
050 LAND FORCES OPERATIONS SUPPORT 54,595 54,595
060 AVIATION ASSETS............... 1,169,826 1,160,826
Unjustified growth........ [-9,000]
070 FORCE READINESS OPERATIONS 722,788 722,788
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 46,580 46,580
090 LAND FORCES DEPOT MAINTENANCE. 259,765 259,765
100 BASE OPERATIONS SUPPORT....... 1,151,215 1,151,215
110 FACILITIES SUSTAINMENT, 1,053,996 1,184,385
RESTORATION & MODERNIZATION..
Program increase.......... [130,389]
120 MANAGEMENT AND OPERATIONAL 1,148,286 1,148,286
HEADQUARTERS.................
130 CYBERSPACE ACTIVITIES-- 8,715 8,715
CYBERSPACE OPERATIONS........
140 CYBERSPACE ACTIVITIES-- 8,307 8,307
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 7,720,437 7,853,326
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 6,961 6,961
160 ADMINISTRATION................ 73,641 79,441
State Partnership Program. [5,800]
170 SERVICEWIDE COMMUNICATIONS.... 100,389 100,389
180 MANPOWER MANAGEMENT........... 9,231 9,231
190 OTHER PERSONNEL SUPPORT....... 243,491 243,491
200 REAL ESTATE MANAGEMENT........ 3,087 3,087
SUBTOTAL ADMINISTRATION 436,800 442,600
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
210 UNDISTRIBUTED................. 74,698
Foreign currency [-29,000]
fluctuations..............
Inflation effects......... [157,698]
Unobligated balances...... [-54,000]
SUBTOTAL UNDISTRIBUTED.... 74,698
TOTAL OPERATION & 8,157,237 8,370,624
MAINTENANCE, ARNG........
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 358,015 322,204
Unjustified request....... [-35,811]
020 SYRIA......................... 183,677 165,309
Unjustified request....... [-18,368]
SUBTOTAL COUNTER ISIS 541,692 487,513
TRAIN AND EQUIP FUND
(CTEF)....................
UNDISTRIBUTED
030 UNDISTRIBUTED................. 15,413
Inflation effects......... [15,413]
SUBTOTAL UNDISTRIBUTED.... 15,413
TOTAL COUNTER ISIS TRAIN 541,692 502,926
AND EQUIP FUND (CTEF)....
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 7,334,452 7,260,452
OPERATIONS...................
Costs associated with [6,000]
restoring 5 LCS...........
Program decrease.......... [-80,000]
020 FLEET AIR TRAINING............ 2,793,739 2,793,739
030 AVIATION TECHNICAL DATA & 65,248 65,248
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 214,767 214,767
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 1,075,365 1,075,365
060 AIRCRAFT DEPOT MAINTENANCE.... 1,751,737 1,859,137
Aircraft Depot Maintenance [107,100]
Events (Multiple Type/
Model/Series).............
Costs associated with [300]
restoring 5 LCS...........
070 AIRCRAFT DEPOT OPERATIONS 70,319 70,319
SUPPORT......................
080 AVIATION LOGISTICS............ 1,679,193 1,659,193
Historical underexecution. [-20,000]
090 MISSION AND OTHER SHIP 6,454,952 6,624,952
OPERATIONS...................
Costs associated with [10,400]
restoring 5 LCS...........
Navy UFR--ship maintenance [150,000]
in support of INDOPACOM
training and exercises....
Restore USS Ashland....... [14,400]
Restore USS Germantown.... [14,400]
Restore USS Gunston Hall.. [15,400]
Restore USS Tortuga....... [15,400]
Unjustified growth........ [-50,000]
100 SHIP OPERATIONS SUPPORT & 1,183,237 1,183,237
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 10,038,261 10,383,061
Costs associated with [90,000]
restoring 5 LCS...........
Navy UFR--ship depot [189,000]
maintenance...............
Restore USS Ashland....... [12,500]
Restore USS Germantown.... [21,400]
Restore USS Gunston Hall.. [12,700]
Restore USS Tortuga....... [12,600]
Restore USS Vicksburg..... [6,600]
120 SHIP DEPOT OPERATIONS SUPPORT. 2,422,095 2,818,495
Restore USS Ashland....... [100,000]
Restore USS Germantown.... [100,000]
Restore USS Gunston Hall.. [100,000]
Restore USS Tortuga....... [67,500]
Restore USS Vicksburg..... [28,900]
130 COMBAT COMMUNICATIONS AND 1,632,824 1,633,324
ELECTRONIC WARFARE...........
INDOPACOM UFR--SIGINT [500]
upgrades..................
140 SPACE SYSTEMS AND SURVEILLANCE 339,103 339,103
150 WARFARE TACTICS............... 881,999 881,999
160 OPERATIONAL METEOROLOGY AND 444,150 444,150
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 2,274,710 2,299,777
INDOPACOM UFR--Theater [18,067]
campaigning...............
INDOPACOM UFR: [22,000]
Stormbreaker..............
Program decrease.......... [-15,000]
180 EQUIPMENT MAINTENANCE AND 194,346 194,346
DEPOT OPERATIONS SUPPORT.....
190 CYBER MISSION FORCES.......... 101,049 101,049
200 COMBATANT COMMANDERS CORE 65,893 73,893
OPERATIONS...................
INDOPACOM UFR--Asia [8,000]
Pacific Regional
Initiative................
210 COMBATANT COMMANDERS DIRECT 282,742 316,642
MISSION SUPPORT..............
INDOPACOM UFR--Pacific [2,400]
Movement Coordination
Center....................
INDOPACOM UFR--PMTEC...... [19,000]
MSV--Carolyn Chouest...... [12,500]
230 CYBERSPACE ACTIVITIES......... 477,540 477,540
240 FLEET BALLISTIC MISSILE....... 1,664,076 1,664,076
250 WEAPONS MAINTENANCE........... 1,495,783 1,495,983
Costs associated with [7,200]
restoring 5 LCS...........
Navy UFR--SM-6 expansion [23,000]
of combat usable asset
inventory.................
Program decrease.......... [-30,000]
260 OTHER WEAPON SYSTEMS SUPPORT.. 649,371 649,371
270 ENTERPRISE INFORMATION........ 1,647,834 1,637,834
Unjustified growth........ [-10,000]
280 SUSTAINMENT, RESTORATION AND 3,549,311 3,984,311
MODERNIZATION................
Increase for FSRM to 100%. [435,000]
290 BASE OPERATING SUPPORT........ 5,503,088 5,559,688
Base Operating Support for [16,600]
AFFF Replacement, mobile
assets and Disposal.......
Historical underexecution. [-20,000]
NAS Fallon Range Expansion [60,000]
SUBTOTAL OPERATING FORCES. 56,287,184 57,761,051
MOBILIZATION
300 SHIP PREPOSITIONING AND SURGE. 467,648 526,248
ESD--restore 2 ships...... [58,600]
310 READY RESERVE FORCE........... 683,932 683,932
320 SHIP ACTIVATIONS/INACTIVATIONS 364,096 349,596
Costs associated with [-7,500]
restoring 5 LCS...........
Historical underexecution. [-7,000]
330 EXPEDITIONARY HEALTH SERVICES 133,780 133,780
SYSTEMS......................
340 COAST GUARD SUPPORT........... 21,196 21,196
SUBTOTAL MOBILIZATION..... 1,670,652 1,714,752
TRAINING AND RECRUITING
350 OFFICER ACQUISITION........... 190,578 190,578
360 RECRUIT TRAINING.............. 14,679 14,679
370 RESERVE OFFICERS TRAINING 170,845 170,845
CORPS........................
380 SPECIALIZED SKILL TRAINING.... 1,133,889 1,127,389
Historical underexecution. [-6,500]
390 PROFESSIONAL DEVELOPMENT 334,844 339,144
EDUCATION....................
Navy O&M Training and [4,300]
Recruiting (Sea Cadets)...
400 TRAINING SUPPORT.............. 356,670 356,670
410 RECRUITING AND ADVERTISING.... 204,498 229,798
Navy UFR--Recruiting [25,300]
Command marketing and
advertising...............
420 OFF-DUTY AND VOLUNTARY 89,971 89,971
EDUCATION....................
430 CIVILIAN EDUCATION AND 69,798 69,798
TRAINING.....................
440 JUNIOR ROTC................... 55,194 55,194
SUBTOTAL TRAINING AND 2,620,966 2,644,066
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
450 ADMINISTRATION................ 1,349,966 1,274,966
Program decrease.......... [-75,000]
460 CIVILIAN MANPOWER AND 227,772 227,772
PERSONNEL MANAGEMENT.........
470 MILITARY MANPOWER AND 667,627 637,627
PERSONNEL MANAGEMENT.........
Program decrease.......... [-30,000]
480 MEDICAL ACTIVITIES............ 284,962 284,962
490 DEF ACQUISITION WORKFORCE 62,824 62,824
DEVELOPMENT ACCOUNT..........
500 SERVICEWIDE TRANSPORTATION.... 207,501 207,501
520 PLANNING, ENGINEERING, AND 554,265 539,265
PROGRAM SUPPORT..............
Historical underexecution. [-15,000]
530 ACQUISITION, LOGISTICS, AND 798,473 798,473
OVERSIGHT....................
540 INVESTIGATIVE AND SECURITY 791,059 791,059
SERVICES.....................
720A CLASSIFIED PROGRAMS........... 628,700 628,700
SUBTOTAL ADMINISTRATION 5,573,149 5,453,149
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
730 UNDISTRIBUTED................. 1,048,224
Foreign currency [-263,300]
fluctuations..............
Inflation effects......... [1,431,524]
Unobligated balances...... [-120,000]
SUBTOTAL UNDISTRIBUTED.... 1,048,224
TOTAL OPERATION & 66,151,951 68,621,242
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 1,740,491 1,729,584
INDOPACOM UFR--Theater [14,093]
campaigning...............
Program decrease.......... [-25,000]
020 FIELD LOGISTICS............... 1,699,425 1,685,766
Unjustified growth........ [-13,659]
030 DEPOT MAINTENANCE............. 221,886 221,886
040 MARITIME PREPOSITIONING....... 139,518 139,518
050 CYBER MISSION FORCES.......... 94,199 94,199
060 CYBERSPACE ACTIVITIES......... 194,904 194,904
070 SUSTAINMENT, RESTORATION & 1,292,219 1,454,219
MODERNIZATION................
Program increase.......... [162,000]
080 BASE OPERATING SUPPORT........ 2,699,487 2,680,487
Historical underexecution. [-19,000]
SUBTOTAL OPERATING FORCES. 8,082,129 8,200,563
TRAINING AND RECRUITING
090 RECRUIT TRAINING.............. 23,217 23,217
100 OFFICER ACQUISITION........... 1,268 1,268
110 SPECIALIZED SKILL TRAINING.... 118,638 118,638
120 PROFESSIONAL DEVELOPMENT 64,626 64,626
EDUCATION....................
130 TRAINING SUPPORT.............. 523,603 517,603
Unjustified growth........ [-6,000]
140 RECRUITING AND ADVERTISING.... 225,759 225,759
150 OFF-DUTY AND VOLUNTARY 51,882 51,882
EDUCATION....................
160 JUNIOR ROTC................... 27,660 27,660
SUBTOTAL TRAINING AND 1,036,653 1,030,653
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
170 SERVICEWIDE TRANSPORTATION.... 78,542 78,542
180 ADMINISTRATION................ 401,030 401,030
220A CLASSIFIED PROGRAMS........... 62,590 62,590
SUBTOTAL ADMINISTRATION 542,162 542,162
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
230 UNDISTRIBUTED................. 168,819
Foreign currency [-33,800]
fluctuations..............
Inflation effects......... [222,019]
Unobligated balances...... [-19,400]
SUBTOTAL UNDISTRIBUTED.... 168,819
TOTAL OPERATION & 9,660,944 9,942,197
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 669,533 669,533
OPERATIONS...................
020 INTERMEDIATE MAINTENANCE...... 11,134 11,134
030 AIRCRAFT DEPOT MAINTENANCE.... 164,892 164,892
040 AIRCRAFT DEPOT OPERATIONS 494 494
SUPPORT......................
050 AVIATION LOGISTICS............ 25,843 25,843
060 COMBAT COMMUNICATIONS......... 20,135 20,135
070 COMBAT SUPPORT FORCES......... 131,104 131,104
080 CYBERSPACE ACTIVITIES......... 289 289
090 ENTERPRISE INFORMATION........ 27,189 27,189
100 SUSTAINMENT, RESTORATION AND 44,784 50,784
MODERNIZATION................
Program increase.......... [6,000]
110 BASE OPERATING SUPPORT........ 116,374 116,374
SUBTOTAL OPERATING FORCES. 1,211,771 1,217,771
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
120 ADMINISTRATION................ 1,986 1,986
130 MILITARY MANPOWER AND 12,550 12,550
PERSONNEL MANAGEMENT.........
140 ACQUISITION AND PROGRAM 1,993 1,993
MANAGEMENT...................
SUBTOTAL ADMINISTRATION 16,529 16,529
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
160 UNDISTRIBUTED................. 21,792
Foreign currency [-3,900]
fluctuations..............
Inflation effects......... [29,192]
Unobligated balances...... [-3,500]
SUBTOTAL UNDISTRIBUTED.... 21,792
TOTAL OPERATION & 1,228,300 1,256,092
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 109,045 109,045
020 DEPOT MAINTENANCE............. 19,361 19,361
030 SUSTAINMENT, RESTORATION AND 45,430 49,811
MODERNIZATION................
Program increase.......... [4,381]
040 BASE OPERATING SUPPORT........ 118,364 118,364
SUBTOTAL OPERATING FORCES. 292,200 296,581
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
050 ADMINISTRATION................ 12,033 12,033
SUBTOTAL ADMINISTRATION 12,033 12,033
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
060 UNDISTRIBUTED................. 1,595
Foreign currency [-3,900]
fluctuations..............
Inflation effects......... [7,995]
Unobligated balances...... [-2,500]
SUBTOTAL UNDISTRIBUTED.... 1,595
TOTAL OPERATION & 304,233 310,209
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 936,731 975,731
Historical underexecution. [-21,000]
Realignment of funds...... [60,000]
020 COMBAT ENHANCEMENT FORCES..... 2,657,865 2,497,865
Program decrease.......... [-100,000]
Realignment of funds...... [-60,000]
030 AIR OPERATIONS TRAINING (OJT, 1,467,518 1,477,518
MAINTAIN SKILLS).............
Contract Adversary Air.... [10,000]
040 DEPOT PURCHASE EQUIPMENT 4,341,794 4,606,794
MAINTENANCE..................
Historical underexecution. [-35,000]
Increase for Weapon System [300,000]
Sustainment...............
050 FACILITIES SUSTAINMENT, 4,091,088 4,605,088
RESTORATION & MODERNIZATION..
Program increase.......... [514,000]
060 CYBERSPACE SUSTAINMENT........ 130,754 223,054
Air Force UFR--Weapon [82,300]
system sustainment........
PACAF cyber operations for [10,000]
base resilient
architecture..............
070 CONTRACTOR LOGISTICS SUPPORT 8,782,940 8,752,940
AND SYSTEM SUPPORT...........
Historical underexecution. [-30,000]
080 FLYING HOUR PROGRAM........... 5,871,718 5,833,718
Program decrease.......... [-38,000]
090 BASE SUPPORT.................. 10,638,741 10,598,741
Base Operating Support for [10,000]
AFFF Replacement, mobile
assets, and Disposal......
Program decrease.......... [-50,000]
100 GLOBAL C3I AND EARLY WARNING.. 1,035,043 1,033,674
Program decrease--early to [-8,500]
need......................
Technical realignment..... [7,131]
110 OTHER COMBAT OPS SPT PROGRAMS. 1,436,329 1,426,329
Historical underexecution. [-10,000]
120 CYBERSPACE ACTIVITIES......... 716,931 716,931
140 LAUNCH FACILITIES............. 690 690
160 US NORTHCOM/NORAD............. 197,210 197,210
170 US STRATCOM................... 503,419 503,419
180 US CYBERCOM................... 436,807 595,907
Cyber partnership [500]
activities with Jordan....
CYBERCOM UFR--Cyber [136,900]
mission force operational
support...................
CYBERCOM UFR--Joint [11,400]
cyberspace warfighting
architecture..............
Hunt Forward operations... [15,300]
Realignment of funds...... [-5,000]
190 US CENTCOM.................... 331,162 331,162
200 US SOCOM...................... 27,318 27,318
220 CENTCOM CYBERSPACE SUSTAINMENT 1,367 1,367
230 USSPACECOM.................... 329,543 329,543
240 JOINT CYBER MISSION FORCE 186,759 191,759
PROGRAMS.....................
Realignment of funds...... [5,000]
240A CLASSIFIED PROGRAMS........... 1,705,801 1,705,801
SUBTOTAL OPERATING FORCES. 45,827,528 46,632,559
MOBILIZATION
250 AIRLIFT OPERATIONS............ 2,780,616 2,799,533
INDOPACOM Theater [18,917]
Campaigning...............
260 MOBILIZATION PREPAREDNESS..... 721,172 706,172
Historical underexecution. [-15,000]
SUBTOTAL MOBILIZATION..... 3,501,788 3,505,705
TRAINING AND RECRUITING
270 OFFICER ACQUISITION........... 189,721 189,721
280 RECRUIT TRAINING.............. 26,684 26,684
290 RESERVE OFFICERS TRAINING 135,515 135,515
CORPS (ROTC).................
300 SPECIALIZED SKILL TRAINING.... 541,511 541,511
310 FLIGHT TRAINING............... 779,625 779,625
320 PROFESSIONAL DEVELOPMENT 313,556 313,556
EDUCATION....................
330 TRAINING SUPPORT.............. 171,087 171,087
340 RECRUITING AND ADVERTISING.... 197,956 197,956
350 EXAMINING..................... 8,282 8,282
360 OFF-DUTY AND VOLUNTARY 254,907 254,907
EDUCATION....................
370 CIVILIAN EDUCATION AND 355,375 355,375
TRAINING.....................
380 JUNIOR ROTC................... 69,964 69,964
SUBTOTAL TRAINING AND 3,044,183 3,044,183
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
390 LOGISTICS OPERATIONS.......... 1,058,129 1,058,129
400 TECHNICAL SUPPORT ACTIVITIES.. 139,428 139,428
410 ADMINISTRATION................ 1,283,066 1,274,066
Program decrease.......... [-9,000]
420 SERVICEWIDE COMMUNICATIONS.... 33,222 33,222
430 OTHER SERVICEWIDE ACTIVITIES.. 1,790,985 1,790,985
440 CIVIL AIR PATROL.............. 30,526 30,526
460 DEF ACQUISITION WORKFORCE 42,558 42,558
DEVELOPMENT ACCOUNT..........
480 INTERNATIONAL SUPPORT......... 102,065 102,065
480A CLASSIFIED PROGRAMS........... 1,427,764 1,427,764
SUBTOTAL ADMINISTRATION 5,907,743 5,898,743
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
490 UNDISTRIBUTED................. 833,829
Foreign currency [-208,500]
fluctuations..............
Inflation effects......... [1,254,129]
Unobligated balances...... [-211,800]
SUBTOTAL UNDISTRIBUTED.... 833,829
TOTAL OPERATION & 58,281,242 59,915,019
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, SPACE
FORCE
OPERATING FORCES
010 GLOBAL C3I & EARLY WARNING.... 472,484 472,484
020 SPACE LAUNCH OPERATIONS....... 187,832 187,832
030 SPACE OPERATIONS.............. 695,228 695,228
040 EDUCATION & TRAINING.......... 153,135 153,135
060 DEPOT MAINTENANCE............. 285,863 285,863
070 FACILITIES SUSTAINMENT, 235,253 309,053
RESTORATION & MODERNIZATION..
NORTHCOM UFR--Cheyenne [43,800]
Mountain Complex..........
Program increase.......... [30,000]
080 CONTRACTOR LOGISTICS AND 1,358,565 1,351,565
SYSTEM SUPPORT...............
Program decrease.......... [-7,000]
090 SPACE OPERATIONS -BOS......... 144,937 144,937
090A CLASSIFIED PROGRAMS........... 272,941 272,941
SUBTOTAL OPERATING FORCES. 3,806,238 3,873,038
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
100 ADMINISTRATION................ 228,420 194,687
Technical realignment..... [-33,733]
110 LOGISTICS OPERATIONS.......... 33,733
Technical realignment..... [33,733]
SUBTOTAL ADMINISTRATION 228,420 228,420
AND SERVICE-WIDE
ACTIVITIES................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
120 UNDISTRIBUTED................. 82,920
Foreign currency [-14,100]
fluctuations..............
Inflation effects......... [112,020]
Unobligated balances...... [-15,000]
SUBTOTAL ADMINISTRATION 82,920
AND SERVICE-WIDE
ACTIVITIES................
TOTAL OPERATION & 4,034,658 4,184,378
MAINTENANCE, SPACE FORCE.
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,743,908 1,732,908
Unjustified growth........ [-11,000]
020 MISSION SUPPORT OPERATIONS.... 193,568 193,568
030 DEPOT PURCHASE EQUIPMENT 493,664 507,764
MAINTENANCE..................
Air Force UFR--Weapon [14,100]
system sustainment........
040 FACILITIES SUSTAINMENT, 133,782 150,782
RESTORATION & MODERNIZATION..
Program increase.......... [17,000]
050 CONTRACTOR LOGISTICS SUPPORT 341,724 341,724
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 522,195 522,195
070 CYBERSPACE ACTIVITIES......... 1,706 1,706
SUBTOTAL OPERATING FORCES. 3,430,547 3,450,647
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
080 ADMINISTRATION................ 102,038 102,038
090 RECRUITING AND ADVERTISING.... 9,057 9,057
100 MILITARY MANPOWER AND PERS 14,896 14,896
MGMT (ARPC)..................
110 OTHER PERS SUPPORT (DISABILITY 7,544 7,544
COMP)........................
120 AUDIOVISUAL................... 462 462
SUBTOTAL ADMINISTRATION 133,997 133,997
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
130 UNDISTRIBUTED................. 27,565
Foreign currency [-12,500]
fluctuations..............
Inflation effects......... [65,065]
Unobligated balances...... [-25,000]
SUBTOTAL UNDISTRIBUTED.... 27,565
TOTAL OPERATION & 3,564,544 3,612,209
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 2,301,784 2,301,784
020 MISSION SUPPORT OPERATIONS.... 587,793 587,793
030 DEPOT PURCHASE EQUIPMENT 1,193,699 1,253,699
MAINTENANCE..................
Air Force UFR--Weapon [60,000]
system sustainment........
040 FACILITIES SUSTAINMENT, 437,042 492,042
RESTORATION & MODERNIZATION..
Increase for FSRM to 100%. [55,000]
050 CONTRACTOR LOGISTICS SUPPORT 1,284,264 1,269,264
AND SYSTEM SUPPORT...........
Unjustified growth........ [-15,000]
060 BASE SUPPORT.................. 967,169 967,169
070 CYBERSPACE SUSTAINMENT........ 12,661 12,661
080 CYBERSPACE ACTIVITIES......... 15,886 15,886
SUBTOTAL OPERATING FORCES. 6,800,298 6,900,298
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
090 ADMINISTRATION................ 52,075 54,375
State Partnership Program. [2,300]
100 RECRUITING AND ADVERTISING.... 48,306 48,306
SUBTOTAL ADMINISTRATION 100,381 102,681
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
110 UNDISTRIBUTED................. 115,263
Foreign currency [-24,300]
fluctuations..............
Inflation effects......... [149,563]
Unobligated balances...... [-10,000]
SUBTOTAL UNDISTRIBUTED.... 115,263
TOTAL OPERATION & 6,900,679 7,118,242
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 445,366 437,366
Unjustified growth........ [-8,000]
020 JOINT CHIEFS OF STAFF--CYBER.. 9,887 9,887
030 JOINT CHIEFS OF STAFF--JTEEP.. 679,336 661,336
Program decrease.......... [-18,000]
040 OFFICE OF THE SECRETARY OF 246,259 273,759
DEFENSE--MISO................
INDOPACOM UFR--Information [27,500]
operations................
050 SPECIAL OPERATIONS COMMAND 2,056,291 2,056,291
COMBAT DEVELOPMENT ACTIVITIES
060 SPECIAL OPERATIONS COMMAND 39,178 39,178
CYBERSPACE ACTIVITIES........
070 SPECIAL OPERATIONS COMMAND 1,513,025 1,523,425
INTELLIGENCE.................
Counter Unmanned Systems [10,400]
(CUxS) Procurement
Acceleration..............
080 SPECIAL OPERATIONS COMMAND 1,207,842 1,247,493
MAINTENANCE..................
Advanced Engine [3,000]
Performance and
Restoration Program
(Nucleated Foam)..........
C-130J Power by the Hour [21,620]
(PBTH) CLS................
Combatant Craft Medium [4,250]
(CCM) Loss Refurbishment..
Counter Unmanned Systems [5,353]
(CUxS) Procurement
Acceleration..............
Maintenance............... [-5,000]
MQ-9 Mallett reprogramming [-5,840]
Program increase.......... [5,000]
Program increase-- [11,268]
multispectral personal
signature management......
090 SPECIAL OPERATIONS COMMAND 196,271 196,271
MANAGEMENT/OPERATIONAL
HEADQUARTERS.................
100 SPECIAL OPERATIONS COMMAND 1,299,309 1,328,909
OPERATIONAL SUPPORT..........
Advana Authoritative Data [8,000]
Management and Analytics..
Enterprise Data [18,000]
Stewardship Program.......
Identity and Signature [3,600]
Management Modernization..
110 SPECIAL OPERATIONS COMMAND 3,314,770 3,351,761
THEATER FORCES...............
Combat Aviation Advisor [18,000]
mission support...........
INDOPACOM UFR: Theater [9,034]
Campaigning...............
Special Operations support [4,246]
to irregular warfare......
Tactical Mission Network [5,711]
Digital Force Protection..
SUBTOTAL OPERATING FORCES. 11,007,534 11,125,676
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY 176,454 176,454
130 JOINT CHIEFS OF STAFF......... 101,492 101,492
140 SPECIAL OPERATIONS COMMAND/ 35,279 35,279
PROFESSIONAL DEVELOPMENT
EDUCATION....................
SUBTOTAL TRAINING AND 313,225 313,225
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
150 CIVIL MILITARY PROGRAMS....... 139,656 273,156
National Guard Youth [83,500]
Challenge.................
STARBASE.................. [50,000]
170 DEFENSE CONTRACT AUDIT AGENCY. 646,072 636,072
Program decrease.......... [-10,000]
180 DEFENSE CONTRACT AUDIT AGENCY-- 4,107 4,107
CYBER........................
190 DEFENSE CONTRACT MANAGEMENT 1,506,300 1,491,300
AGENCY.......................
Program decrease.......... [-15,000]
200 DEFENSE CONTRACT MANAGEMENT 29,127 29,127
AGENCY--CYBER................
210 DEFENSE COUNTERINTELLIGENCE 983,133 983,133
AND SECURITY AGENCY..........
230 DEFENSE COUNTERINTELLIGENCE 10,245 10,245
AND SECURITY AGENCY--CYBER...
240 DEFENSE HUMAN RESOURCES 935,241 932,241
ACTIVITY.....................
National Language [6,000]
Fellowship Add............
Program decrease.......... [-9,000]
250 DEFENSE HUMAN RESOURCES 26,113 26,113
ACTIVITY--CYBER..............
260 DEFENSE INFORMATION SYSTEMS 2,266,729 2,249,729
AGENCY.......................
Unobligated balances...... [-17,000]
270 DEFENSE INFORMATION SYSTEMS 643,643 643,643
AGENCY--CYBER................
300 DEFENSE LEGAL SERVICES AGENCY. 233,687 233,687
310 DEFENSE LOGISTICS AGENCY...... 429,060 422,560
Unobligated balances...... [-6,500]
320 DEFENSE MEDIA ACTIVITY........ 243,631 236,131
Program decrease.......... [-7,500]
330 DEFENSE POW/MIA OFFICE........ 150,021 150,021
340 DEFENSE SECURITY COOPERATION 2,445,669 2,274,134
AGENCY.......................
International Security [198,465]
Cooperation Programs......
Program adjustment--Border [-75,000]
Security..................
Program adjustment-- [-5,000]
Coalition Support Funds...
Program increase: [10,000]
Irregular Warfare
Functional Center.........
Transfer to Ukraine [-300,000]
Security Assistance
Initiative................
350 DEFENSE TECHNOLOGY SECURITY 40,063 40,063
ADMINISTRATION...............
360 DEFENSE THREAT REDUCTION 941,763 941,763
AGENCY.......................
380 DEFENSE THREAT REDUCTION 56,052 56,052
AGENCY--CYBER................
390 DEPARTMENT OF DEFENSE 3,276,276 3,346,276
EDUCATION ACTIVITY...........
Department of Defense [20,000]
Education Activity (Impact
Aid Students with
Disabilities).............
Department of Defense [50,000]
Education Activity (Impact
Aid)......................
400 MISSILE DEFENSE AGENCY........ 541,787 541,787
430 OFFICE OF THE LOCAL DEFENSE 108,697 128,697
COMMUNITY COOPERATION........
Defense Community [20,000]
Infrastructure Program....
440 OFFICE OF THE SECRETARY OF 2,239,072 2,242,072
DEFENSE......................
Bien Hoa dioxin cleanup... [15,000]
CDC nationwide human [20,000]
health assessment.........
Civilian Harm Mitigation [25,000]
and Response Action Plan
Implementation............
Program decrease.......... [-63,000]
Readiness Environmental [6,000]
Protection Integration
Program...................
450 OFFICE OF THE SECRETARY OF 55,255 55,255
DEFENSE--CYBER...............
500 WASHINGTON HEADQUARTERS 369,943 359,943
SERVICES.....................
Program decrease.......... [-10,000]
500A CLASSIFIED PROGRAMS........... 18,764,415 18,764,415
SUBTOTAL ADMINISTRATION 37,085,757 37,071,722
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
510 UNDISTRIBUTED................. 308,472
Historical unobligated [-487,500]
balances..................
Inflation effects......... [765,972]
Program increase: [30,000]
Congressionally mandated
commissions...............
SUBTOTAL UNDISTRIBUTED.... 308,472
TOTAL OPERATION AND 48,406,516 48,819,095
MAINTENANCE, DEFENSE-WIDE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE 800,000
INITIATIVE...................
Program increase.......... [500,000]
Transfer from Defense [300,000]
Security Cooperation
Agency....................
SUBTOTAL UKRAINE SECURITY 800,000
ASSISTANCE................
TOTAL UKRAINE SECURITY 800,000
ASSISTANCE...............
US COURT OF APPEALS FOR ARMED
FORCES, DEF
ADMINISTRATION AND ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS FOR THE 16,003 16,187
ARMED FORCES, DEFENSE........
Inflation effects......... [184]
SUBTOTAL ADMINISTRATION 16,003 16,187
AND ASSOCIATED ACTIVITIES.
TOTAL US COURT OF APPEALS 16,003 16,187
FOR ARMED FORCES, DEF....
DOD ACQUISITION WORKFORCE
DEVELOPMENT FUND
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD.......... 53,791 53,791
SUBTOTAL ACQUISITION 53,791 53,791
WORKFORCE DEVELOPMENT.....
TOTAL DOD ACQUISITION 53,791 53,791
WORKFORCE DEVELOPMENT
FUND.....................
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, 112,800 150,000
DISASTER AND CIVIC AID.......
Program increase.......... [37,200]
SUBTOTAL HUMANITARIAN 112,800 150,000
ASSISTANCE................
TOTAL OVERSEAS 112,800 150,000
HUMANITARIAN, DISASTER,
AND CIVIC AID............
COOPERATIVE THREAT REDUCTION
ACCOUNT
010 COOPERATIVE THREAT REDUCTION.. 341,598 354,394
Inflation effects......... [12,796]
SUBTOTAL COOPERATIVE 341,598 354,394
THREAT REDUCTION..........
TOTAL COOPERATIVE THREAT 341,598 354,394
REDUCTION ACCOUNT........
ENVIRONMENTAL RESTORATION,
ARMY
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, 196,244 201,828
ARMY.........................
Inflation effects......... [5,584]
SUBTOTAL DEPARTMENT OF THE 196,244 201,828
ARMY......................
TOTAL ENVIRONMENTAL 196,244 201,828
RESTORATION, ARMY........
ENVIRONMENTAL RESTORATION,
NAVY
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, 359,348 399,573
NAVY.........................
Inflation effects......... [10,225]
Program increase.......... [30,000]
SUBTOTAL DEPARTMENT OF THE 359,348 399,573
NAVY......................
TOTAL ENVIRONMENTAL 359,348 399,573
RESTORATION, NAVY........
ENVIRONMENTAL RESTORATION, AIR
FORCE
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR 314,474 353,423
FORCE........................
Inflation effects......... [8,949]
Program increase.......... [30,000]
SUBTOTAL DEPARTMENT OF THE 314,474 353,423
AIR FORCE.................
TOTAL ENVIRONMENTAL 314,474 353,423
RESTORATION, AIR FORCE...
ENVIRONMENTAL RESTORATION,
DEFENSE
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, 8,924 9,178
DEFENSE......................
Inflation effects......... [254]
SUBTOTAL DEFENSE-WIDE..... 8,924 9,178
TOTAL ENVIRONMENTAL 8,924 9,178
RESTORATION, DEFENSE.....
ENVIRONMENTAL RESTORATION
FORMERLY USED SITES
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION 227,262 258,728
FORMERLY USED SITES..........
Inflation effects......... [6,466]
Military Munitions [25,000]
Response Program..........
SUBTOTAL DEFENSE-WIDE..... 227,262 258,728
TOTAL ENVIRONMENTAL 227,262 258,728
RESTORATION FORMERLY USED
SITES....................
SUPPORT FOR INTERNATIONAL
SPORTING COMPETITIONS ,
DEFENSE
OPERATIONS SUPPORT
100 SUPPORT OF INTERNATIONAL 10,377 10,673
SPORTING COMPETITIONS,
DEFENSE......................
Inflation effects......... [296]
SUBTOTAL OPERATIONS 10,377 10,673
SUPPORT...................
TOTAL SUPPORT FOR 10,377 10,673
INTERNATIONAL SPORTING
COMPETITIONS , DEFENSE...
RED HILL RECOVERY FUND
010 RED HILL RECOVERY FUND........ 1,000,000 1,000,000
SUBTOTAL RED HILL RECOVERY 1,000,000 1,000,000
FUND......................
TOTAL RED HILL RECOVERY 1,000,000 1,000,000
FUND.....................
TOTAL OPERATION & 271,218,877 278,792,827
MAINTENANCE..............
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 164,139,628 162,279,628
Additional BAH Absorption Restoration [250,000]
(2%).................................
BAH Absorption Restoration (1%)....... [244,000]
Historical underexecution............. [-700,000]
Military Personnel, Navy--Restore Navy [190,000]
Force Structure Cuts (Manpower)......
Additional special incentive pays..... [100,000]
Air Force end strength--E-10 Sentry [234,000]
AWACS and medical billets............
Army end strength reduction........... [-2,200,000]
Basic needs allowance................. [12,000]
Home leave demonstration program...... [10,000]
Medicare-Eligible Retiree Health Care 9,743,704 9,743,704
Fund Contributions...................
TOTAL, Military Personnel........... 173,883,332 172,023,332
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Program Title Request Authorized
------------------------------------------------------------------------
NATIONAL DEFENSE STOCKPILE TRANSACTION
FUND
DEFENSE STOCKPILE..................... 253,500 1,003,500
Program increase................. [750,000]
TOTAL NATIONAL DEFENSE STOCKPILE 253,500 1,003,500
TRANSACTION FUND...................
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE.............. 28,448 28,448
ARMY SUPPLY MANAGEMENT................ 1,489 1,489
TOTAL WORKING CAPITAL FUND, ARMY... 29,937 29,937
WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS................ 80,448 80,448
TOTAL WORKING CAPITAL FUND, AIR 80,448 80,448
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE AUTOMATION & PRODUCTION 2 2
SERVICES.............................
DEFENSE INFORMATION SYSTEMS AGENCY
WORKING CAPITAL FUND SUPPORT.......... 8,300 2,508,300
Fuel inflation................... [2,500,000]
TOTAL WORKING CAPITAL FUND, DEFENSE- 8,302 2,508,302
WIDE...............................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND SUPPORT.......... 1,211,208 1,435,333
Inflation effects................ [14,125]
Program increase................. [210,000]
TOTAL WORKING CAPITAL FUND, DECA... 1,211,208 1,435,333
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M............ 84,612 84,612
CHEM DEMILITARIZATION--RDT&E.......... 975,206 975,206
CHEM DEMILITARIZATION--PROC
UNDISTRIBUTED......................... 28,929
Inflation effects................ [28,929]
TOTAL CHEM AGENTS & MUNITIONS 1,059,818 1,088,747
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 619,474 619,474
DRUG DEMAND REDUCTION PROGRAM......... 130,060 130,060
NATIONAL GUARD COUNTER-DRUG PROGRAM... 100,316 100,316
NATIONAL GUARD COUNTER-DRUG SCHOOLS... 5,878 5,878
UNDISTRIBUTED......................... 18,898
Inflation effects................ [18,898]
TOTAL DRUG INTERDICTION & CTR-DRUG 855,728 874,626
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL--O&M.. 474,650 474,650
OFFICE OF THE INSPECTOR GENERAL--CYBER 1,321 1,321
OFFICE OF THE INSPECTOR GENERAL--RDT&E 1,864 1,864
OFFICE OF THE INSPECTOR GENERAL-- 1,524 1,524
PROCUREMENT..........................
UNDISTRIBUTED......................... 4,932
Inflation effects................ [4,932]
TOTAL OFFICE OF THE INSPECTOR 479,359 484,291
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 9,906,943 9,866,753
Medical care contracts excess [-25,082]
growth...........................
Unjustified growth............... [-15,108]
PRIVATE SECTOR CARE................... 18,455,209 18,442,709
Program decrease................. [-12,500]
CONSOLIDATED HEALTH SUPPORT........... 1,916,366 1,875,949
Unjustified growth............... [-40,417]
INFORMATION MANAGEMENT................ 2,251,151 2,247,789
Unjustified growth............... [-3,362]
MANAGEMENT ACTIVITIES................. 338,678 338,678
EDUCATION AND TRAINING................ 334,845 341,845
TriService Nursing Research [7,000]
Program..........................
BASE OPERATIONS/COMMUNICATIONS........ 2,111,558 2,108,900
Excess growth.................... [-2,658]
R&D RESEARCH.......................... 39,568 44,568
CRDMP Program for Pancreatic [5,000]
Cancer Research..................
R&D EXPLORATRY DEVELOPMENT............ 175,477 175,477
R&D ADVANCED DEVELOPMENT.............. 320,862 333,362
Combat triple negative breast [10,000]
cancer...........................
Post-traumatic stress disorder... [2,500]
R&D DEMONSTRATION/VALIDATION.......... 166,960 166,960
R&D ENGINEERING DEVELOPMENT........... 103,970 103,970
R&D MANAGEMENT AND SUPPORT............ 85,186 85,186
R&D CAPABILITIES ENHANCEMENT.......... 17,971 17,971
PROC INITIAL OUTFITTING............... 21,625 21,625
PROC REPLACEMENT & MODERNIZATION...... 234,157 234,157
PROC JOINT OPERATIONAL MEDICINE 1,467 1,467
INFORMATION SYSTEM...................
PROC MILITARY HEALTH SYSTEM--DESKTOP 72,601 72,601
TO DATACENTER........................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 240,224 240,224
MODERNIZATION........................
SOFTWARE & DIGITAL TECHNOLOGY PILOT 137,356 137,356
PROGRAMS.............................
TOTAL DEFENSE HEALTH PROGRAM....... 36,932,174 36,857,547
TOTAL OTHER AUTHORIZATIONS......... 40,910,474 44,362,731
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2023 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
ARMY
Alabama
Army Anniston Army Depot General Purpose Warehouse 0 2,400
(P&D).
Army Redstone Arsenal Building 6231.............. 0 6,000
Army Redstone Arsenal Physics Lab................ 0 44,000
Army Redstone Arsenal Warehouse.................. 0 52,000
Alaska
Army Fort Wainwright Physical Fitness Center.... 0 50,000
Arizona
Army Yuma Proving Ground Cost to Complete: Ready 0 6,500
Building.
Arkansas
Army Pine Bluff Arsenal Access Control Point (P&D). 0 1,800
Bulgaria
Army Novo Selo Training Cost to Complete: EDI- 0 3,640
Area Ammunition Holding Area.
Colorado
Army Fort Carson Fire Station Support 14,200 14,200
Building.
Florida
Army Camp Bull Simons Child Development Center 0 4,750
(P&D).
Georgia
Army Fort Gillem Cost to Complete: Forensic 0 24,700
Laboratory.
Army Fort Gordon Child Development Center 0 5,000
(P&D).
Germany
Army East Camp Grafenwoehr EDI: Battalion Trng Cplx1 104,000 104,000
(Brks/Veh Maint).
Army East Camp Grafenwoehr EDI: Battalion Trng Cplx2 64,000 64,000
(OPS/Veh Maint).
Hawaii
Army Fort Shafter Water System Upgrade....... 0 33,000
Army Schofield Barracks Company Operations 0 25,000
Facilities.
Army Tripler Army Medical Upgrade Potable Water 0 38,000
Center System.
Japan
Army Kadena Air Force Base Vehicle Maintenance Shop... 0 80,000
Kansas
Army Fort Riley (Custer Unaccompanied Enlisted 0 15,930
Hill) Barracks (P&D).
Kentucky
Army Fort Campbell Cost to Complete: Vehicle 0 13,650
Maintenance Shop.
Kwajalein
Army Kwajalein Atoll Medical Clinic............. 69,000 69,000
Louisiana
Army Fort Polk Child Development Center... 32,000 32,000
Army Fort Polk Cost to Complete: Child 0 9,000
Development Center.
Army Fort Polk Cost to Complete: 0 35,360
Information System
Facility.
Army Fort Polk Cost to Complete: Joint 0 61,000
Operations Center.
Maryland
Army Aberdeen Proving Cost to Complete: Test 0 0
Ground Maintenance Fabrication
Facility.
Army Aberdeen Proving Test Maintenance 0 30,000
Ground Fabrication Facility.
Army Aberdeen Proving Test Maintenance 0 7,600
Ground Fabrication Facility (P&D).
Army Fort Meade Cost to Complete: 0 17,550
Cantonment Area Roads.
Mississippi
Army Engineer Research and Lab and Test Building...... 0 20,000
Development Center
Missouri
Army Fort Leonard Wood Central Issue Facility 0 5,300
(P&D).
New Jersey
Army Picatinny Arsenal Precision Munitions Test 0 3,654
Tower.
New Jersey
Army Picatinny Arsenal Igloo Storage Installation. 0 12,000
New Mexico
Army White Sands Missile Missile Assembly Building 0 3,600
Range (P&D).
New York
Army Fort Drum Automated Record Fire Plus 0 3,600
Range.
Army Fort Drum Physical Fitness Testing 0 5,300
Facility (P&D).
Army U.S. Military Academy Engineering Center......... 39,800 39,800
North Carolina
Army Fort Bragg Automated Infantry Platoon 0 1,350
Battle Course (P&D).
Army Fort Bragg Automated Record Fire Range 0 2,000
(P&D).
Army Fort Bragg Child Development Center 0 3,600
(P&D).
Army Fort Bragg Multipurpose Machine Gun 0 1,600
Range (MPMG 2) (P&D).
Army Fort Bragg Multipurpose Training Range 34,000 34,000
Oklahoma
Army Fort Sill Cost to Complete: Advanced 0 85,800
Individual Training
Barracks, Phase 2.
Army McAlester Army Cost to Complete: 0 39,000
Ammunition Plant Ammunition Demolition Shop.
Pennsylvania
Army Letterkenny Army Depot Shipping and Receiving 38,000 38,000
Building.
Texas
Army Corpus Christi Army Powertrain Facility (Engine 103,000 55,000
Depot Assembly).
Army Fort Bliss Fire Station............... 15,000 15,000
Army Fort Hood Automated Infantry Platoon 0 1,220
Battle Course (P&D).
Army Fort Hood Automated Infantry Squad 0 600
Battle Course (P&D).
Army Fort Hood Automated Multipurpose 0 1,240
Machine Gun Range (P&D).
Army Fort Hood Barracks................... 0 19,000
Washington
Army Joint Base Lewis- Barracks................... 49,000 49,000
McChord
Worldwide Unspecified
Army Unspecified Worldwide Child Development Center 0 15,000
Locations Planning & Design Fund.
Army Unspecified Worldwide Cost to Complete: FY21 0 251,860
Locations Inflation Effects.
Army Unspecified Worldwide Cost to Complete: FY22 0 85,200
Locations Inflation Effects.
Army Unspecified Worldwide Cost to Complete: FY23 0 541,080
Locations Inflation Effects.
Army Unspecified Worldwide Exercise-Related Minor 0 10,500
Locations Construction (USARPAC).
Army Unspecified Worldwide Host Nation Support........ 26,000 26,000
Locations
Army Unspecified Worldwide Improving Military 0 20,000
Locations Installation Resilience.
Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Army Unspecified Worldwide Lab Revitalization......... 0 30,000
Locations
Army Unspecified Worldwide Planning & Design.......... 167,151 192,151
Locations
Army Unspecified Worldwide Unaccompanied Barracks 0 0
Locations Planning and Design.
Army Unspecified Worldwide Unspecified Minor Military 90,414 110,414
Locations Construction.
........................
Military Construction, Army Total 845,565 2,571,949
......................
NAVY
Arizona
Navy Marine Corps Air Water Treatment (P&D)...... 0 5,000
Station Yuma
Australia
Navy Royal Australian Air PDI: Aircraft Parking Apron 72,446 72,446
Force Base Darwin (INC).
California
Navy Marine Corps Air Range Simulation Training & 120,382 10,382
Ground Combat Center Operations Fac..
Twentynine Palms
Navy Marine Corps Base Camp Basilone Road Realignment.. 85,210 14,768
Pendleton
Navy Marine Corps Base Camp Child Development Center... 0 32,100
Pendleton
Navy Marine Corps Recruit Recruit Barracks........... 0 94,848
Depot San Diego
Navy Naval Air Station F-35C Aircraft Maint. 201,261 41,261
Lemoore Hangar & Airfield Pave.
Navy Naval Base Point Loma Child Development Center... 56,450 64,353
Annex
Navy Naval Base San Diego Floating Dry Dock Mooring 0 9,000
Facility.
Navy Naval Base San Diego Pier 6 Replacement (INC)... 15,565 15,565
Navy Naval Surface Warfare Data Science Analytics and 0 2,845
Center Corona Innovation (P&D).
Division
Navy Naval Surface Warfare Performance Assessment 0 15,000
Center Corona Communications Laboratory.
Division
Connecticut
Navy Naval Submarine Base Relocate Underwater 15,514 15,514
New London Electromagnetic Measure..
Djibouti
Navy Camp Lemonnier Electrical Power Plant..... 0 12,000
Florida
Navy Marine Corps Support Communications 0 5,949
Facility Blount Infrastructure
Island Modernization (P&D).
Navy Naval Air Station Engine Test Cells 86,232 36,232
Jacksonville Modifications.
Navy Naval Air Station Advanced Helicopter 0 141,500
Whiting Field Training System Hangar.
Navy Naval Air Station AHTS Aircraft Flight 57,789 57,789
Whiting Field Simulator Facility.
Georgia
Navy Marine Corps Base Consolidated Communication 0 6,400
Albany Facility (P&D).
Navy Naval Submarine Base Nuclear Regional 213,796 13,796
Kings Bay Maintenance Facility.
Navy Naval Submarine Base Trident Training Fac. 65,375 65,375
Kings Bay Columbia Trainer Expan..
Guam
Navy Marine Corps Base Camp PDI: 9th Eng Supp Battalion 131,590 41,590
Blaz Equip & Main Fac.
Navy Marine Corps Base Camp PDI: 9th Engineer Support 35,188 35,188
Blaz Battalion Ops. Fac..
Navy Marine Corps Base Camp PDI: Brown Tree Snake 14,497 14,497
Blaz Exclusion Barrier South.
Navy Marine Corps Base Camp PDI: Ground Combat Element 149,314 69,314
Blaz Inf Btn 1 & 2 Fac.
Hawaii
Navy Joint Base Pearl Dry Dock 3 Replacement 621,185 446,185
Harbor-Hickam (INC).
Navy Joint Base Pearl Missile Magazines.......... 0 10,000
Harbor-Hickam
Navy Joint Base Pearl Upgrade Main Water Lines-- 0 15,000
Harbor-Hickam DA.
Navy Joint Base Pearl Waterfront Production 0 40,000
Harbor-Hickam Facility (P&D).
Navy Marine Corps Base Bachelor Enlisted Quarters. 0 57,900
Kaneohe Bay
Idaho
Navy Naval Surface Warfare ARD Range Craft Berthing 0 707
Center Carderock Facility (P&D).
Division
Japan
Navy Kadena Air Base PDI: Marine Corps Bachelor 94,100 29,100
Enlisted Quarters.
Navy Kadena Air Base PDI: Marine Corps Barracks 101,300 31,300
Complex.
Maine
Navy Portsmouth Naval Child Development Center 0 2,500
Shipyard (P&D).
Navy Portsmouth Naval Multi-Mission Drydock #1 503,282 503,282
Shipyard Extension (INC).
Maryland
Navy Naval Surface Warfare SFOMF Storage Laboratory... 0 2,073
Center Carderock
Division
Navy Naval Surface Warfare Ship Systems Integration 0 2,650
Center Carderock and Design Facility (P&D).
Division
Navy Naval Surface Warfare Combustion Laboratory...... 0 6,000
Center Indian Head
Division
Navy Naval Surface Warfare Contained Burn Facility 0 0
Center Indian Head (P&D).
Division
Navy Naval Surface Warfare Contained Burn Facility 0 5,415
Center Indian Head (P&D).
Division
Navy Naval Surface Warfare EOD Explosive Testing Range 0 2,039
Center Indian Head 2 Expansion at SN,
Division Building 2107.
Nevada
Navy Naval Air Station F-35C Aircraft Maintenance 97,865 30,865
Fallon Hangar.
Navy Naval Air Station Fallon Range Training 0 48,300
Fallon Complex Land Acquisition
Phase 2.
North Carolina
Navy Marine Corps Air Aircraft Maintenance Hangar 106,000 21,000
Station Cherry Point (INC).
Navy Marine Corps Air CH-53K Gearbox Repair and 38,415 38,415
Station Cherry Point Test Facility.
Navy Marine Corps Air F-35 Flightline Util 58,000 58,000
Station Cherry Point Modernization PH 2 (INC).
Navy Marine Corps Air Three Module Type II Hangar 0 21,000
Station New River
Navy Marine Corps Base Camp Regional Communications 47,475 47,475
Lejeune Station, Hadnot Point.
Pennsylvania
Navy Naval Surface Warfare Machinery Control 0 92,547
Center Philadelphia Developmental Center.
Division
South Carolina
Navy Marine Corps Recruit Recruit Barracks........... 0 37,600
Depot Parris Island
Navy Marine Corps Recruit Recruit Barracks........... 0 38,300
Depot Parris Island
Spain
Navy Naval Station Rota EDI: Missile Magazines..... 0 92,323
Virginia
Navy Naval Air Station Child Development Center 0 1,200
Oceana (P&D).
Navy Naval Station Norfolk Child Development Center 0 2,300
(P&D).
Navy Naval Station Norfolk Submarine Logistics Support 16,863 16,863
Facilities.
Navy Naval Station Norfolk Submarine Pier 3 (INC)..... 155,000 125,000
Navy Naval Surface Warfare Weapons Integration and 0 1,237
Center Dahlgren Test Campus (P&D).
Division
Navy Norfolk Naval Shipyard Dry Dock Saltwater System 47,718 47,718
for CVN-78 (INC).
Navy Naval Surface Warfare Upgrade Electrical 0 2,503
Center Dahlgren Substation 1.
Division
Washington
Navy Naval Air Station E/A-18G Aircraft Flt. Read. 37,461 37,461
Whidbey Island Squad. Train. Fac.
Navy Naval Air Station P-8A Aircraft Airfield 0 68,100
Whidbey Island Pavements Improvements.
Worldwide Unspecified
Navy Unspecified Worldwide Child Development Center 0 15,000
Locations Planning & Design Fund.
Navy Unspecified Worldwide Cost to Complete: FY21 0 99,384
Locations Inflation Effects.
Navy Unspecified Worldwide Cost to Complete: FY22 0 514,892
Locations Inflation Effects.
Navy Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (P&D).
Navy Unspecified Worldwide Cost to Complete: FY23 0 298,433
Locations Inflation Effects.
Navy Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Navy Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Navy Unspecified Worldwide Improving Military 0 20,000
Locations Installation Resilience.
Navy Unspecified Worldwide INDOPACOM (P&D)............ 0 50,000
Locations
Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Navy Unspecified Worldwide Lab Revitalization......... 0 20,000
Locations
Navy Unspecified Worldwide MCON Planning and Funds.... 397,124 422,124
Locations
Navy Unspecified Worldwide Planning & Design.......... 0 63,400
Locations
Navy Unspecified Worldwide Red Hill (P&D)............. 0 0
Locations
Navy Unspecified Worldwide SIOP Planning & Design..... 0 75,000
Locations
Navy Unspecified Worldwide Unspecified Minor Military 109,994 129,994
Locations Construction.
Navy Unspecified Worldwide USMC Planning & Design..... 0 37,800
Locations
Navy Unspecified Worldwide Water Treatment and 0 0
Locations Distribution
Infrastructure.
........................
Military Construction, Navy Total 3,752,391 4,621,097
......................
AIR FORCE
Alabama
Air Force Maxwell Air Force Base Commercial Vehicle 0 15,000
Inspection Gate.
Alaska
Air Force Clear Space Force LRDR Dormitory............. 68,000 68,000
Station
Air Force Joint Base Elmendorf- Extend Runway 16/34 (INC).. 100,000 100,000
Richardson
Air Force Joint Base Elmendorf- PFAS: Contaminated Soil 0 5,200
Richardson Removal.
Arizona
Air Force Davis-Monthan Air Combat Rescue Helicopter 0 7,500
Force Base Simulator.
Air Force Luke Air Force Base Child Development Center 0 4,750
(P&D).
California
Air Force Air Force Test Center-- Munitions Igloo--East (P&D) 0 650
Edwards Air Force
Base
Air Force Travis Air Force Base KC-46A ADAL B179, Simulator 0 7,500
Facility.
Air Force Vandenberg Space Force GBSD Consolidated 89,000 14,000
Base Maintenance Facility.
Florida
Air Force Air Force Research Shock and Applied Impact 0 530
Laboratory--Eglin Air Laboratory (SAIL) (P&D).
Force Base
Air Force Eglin Air Force Base F-35A ADAL Squadron 0 2,500
Operations (P&D).
Air Force Eglin Air Force Base F-35A Developmental Test 2- 0 4,100
Bay MX Hangar (P&D).
Air Force Eglin Air Force Base F-35A Developmental Test 2- 0 3,700
Bay Test Hangar (P&D).
Air Force Patrick Space Force Consolidated Communications 0 97,000
Base Center.
Air Force Tyndall Air Force Base Cost to Complete--Natural 0 66,000
Disaster Recovery.
Georgia
Air Force Moody Air Force Base 23d Security Forces 0 1,100
Squadron Operations
Facility (P&D).
Air Force Moody Air Force Base Rescue Squadron Guardian 0 5,770
Angel Operations Facility
(P&D).
Hawaii
Air Force Air Force Research Secure Integration Support 0 89,000
Laboratory--Maui Lab W/ Land Acquisition.
Experimental Site #1
Hungary
Air Force Papa Air Base EDI: DABS-FEV Storage...... 71,000 71,000
Iceland
Air Force Naval Air Station EDI: DABS-FEV Storage...... 94,000 94,000
Keflavik
Illinois
Air Force Scott Air Force Base Child Development Center... 0 19,893
Italy
Air Force Aviano Air Base Combat Rescue Helicopter 15,500 15,500
Simulator Facility.
Air Force Aviano Air Base EDI: RADR Storage Facility. 31,000 31,000
Japan
Air Force Kadena Air Base Helicopter Rescue OPS 71,000 71,000
Maintenance Hangar (INC).
Air Force Kadena Air Base PDI: Theater A/C Corrosion 77,000 17,000
Control Ctr (INC).
Air Force Yokota Air Base Cost to Complete: PDI: C- 0 10,000
130J Corrosion Control
Hangar.
Jordan
Air Force Muwaffaq Salti Air Bulk Petroleum/Oil/ 32,000 32,000
Base Lubricants Storage.
Air Force Muwaffaq Salti Air Fuel Cell and Phase 18,000 18,000
Base Maintenance Hangars.
Louisiana
Air Force Barksdale Air Force Weapons Generation Facility 125,000 126,500
Base (INC).
Mariana Islands
Air Force Tinian PDI: Airfield Development 58,000 58,000
Phase 1 (INC).
Air Force Tinian PDI: Fuel Tanks W/Pipeline 92,000 92,000
& Hydrant Sys, INC.
Air Force Tinian PDI: Parking Apron (INC)... 41,000 41,000
Maryland
Air Force Joint Base Andrews Cost to Complete: PAR 0 28,200
Relocate Haz Cargo Pad and
EOD Range.
Massachusetts
Air Force Hanscom Air Force Base MIT-Lincoln Lab (West Lab 30,200 30,200
CSL/MIF), INC.
Nebraska
Air Force Offutt Air Force Base Cost to Complete--Natural 0 235,000
Disaster Recovery.
Nevada
Air Force Nellis Air Force Base Dormitory (P&D)............ 0 7,200
New Mexico
Air Force Cannon Air Force Base Soft Construct Munitions 0 8,000
Storage Area (P&D).
Air Force Holloman Air Force F-16 Formal Training Unit 0 4,140
Base Airfield Requirements
(P&D).
Air Force Holloman Air Force High Speed Test Track (P&D) 0 15,000
Base
Air Force Kirtland Air Force 58th SOW/PJ/CRO Pipeline 0 11,160
Base Dorm (432 RM) (P&D).
Air Force Kirtland Air Force ADAL Systems & Digital 0 2,000
Base Engineering Lab (P&D).
Air Force Kirtland Air Force Explosives Operations 0 540
Base Building (P&D).
Air Force Kirtland Air Force Joint Navigational Warfare 0 4,700
Base Center (P&D).
Air Force Kirtland Air Force Space Rapid Capabilities 0 4,400
Base Office (SPRCO)
Headquarters Facility
(P&D).
New York
Air Force Air Force Research HF Antennas, Newport and 0 4,200
Laboratory--Rome Stockbridge Test Annexes.
Research Site
North Carolina
Air Force Seymour Johnson Air Combat Arms and Maintenance 0 3,300
Force Base Complex (P&D).
Air Force Seymour Johnson Air KC-46 Alert Facility (P&D). 0 530
Force Base
Norway
Air Force Rygge Air Station EDI: Base Perimeter 8,200 8,200
Security Fence.
Ohio
Air Force Wright Patterson Air Child Development Center/ 0 29,000
Force Base School Age Center.
Air Force Wright Patterson Air Human Performance Wing 0 4,000
Force Base Laboratory (P&D).
Oklahoma
Air Force Altus Air Force Base South Gate................. 0 4,750
Air Force Tinker Air Force Base E-7 Operations Center (P&D) 0 15,000
Air Force Tinker Air Force Base Facility and Land 30,000 30,000
Acquisition (MROTC).
Air Force Tinker Air Force Base KC-46A 1-Bay Depot 0 80,000
Corrosion Control Hangar.
Air Force Tinker Air Force Base KC-46A 2-Bay Program Depot 0 90,000
Maintenance Hangar.
Air Force Tinker Air Force Base KC-46A 3-Bay Depot 49,000 49,000
Maintenance Hangar (INC).
Air Force Tinker Air Force Base KC-46A Fuel POL 13,600 13,600
Infrastructure.
South Carolina
Air Force Shaw Air Force Base RAPCON Facility............ 10,000 10,000
South Dakota
Air Force Ellsworth Air Force B-21 2-Bay LO Restoration 91,000 41,000
Base Facility (INC).
Air Force Ellsworth Air Force B-21 Radio Frequency 77,000 84,900
Base Facility.
Air Force Ellsworth Air Force B-21 Weapons Generation 50,000 50,000
Base Facility (INC).
Spain
Air Force Moron Air Base EDI: RADR Storage Facility. 29,000 29,000
Tennessee
Air Force Arnold Air Force Base ARC Heater Test Facility 38,000 38,000
Dragon Fire.
Texas
Air Force Joint Base San Antonio BMT Recruit Dormitory 7 90,000 0
(INC).
Air Force Joint Base San Antonio- Cost to Complete: BMT 0 5,400
Lackland Recruit Dormitory 8.
Air Force Joint Base San Antonio- Child Development Center... 0 29,000
Randolph
United Kingdom
Air Force Royal Air Force Cost to Complete: F-35 PGM 0 3,100
Lakenheath Facility.
Air Force Royal Air Force Cost to Complete: Joint 0 421,000
Molesworth Intelligence Analysis
Complex.
Air Force Royal Air Force Cost to Complete: Joint 0 0
Molesworth Intelligence Analysis
Complex Consolidation, PH3.
Utah
Air Force Hill Air Force Base GBSD Organic Software 95,000 95,000
Sustain Ctr (INC).
Air Force Hill Air Force Base GBSD Technology and 84,000 44,000
Collaboration Center.
Washington
Air Force Fairchild Air Force ADAL KC-135 Flight 0 8,000
Base Simulator.
Air Force Fairchild Air Force Cost to Complete: 0 8,000
Base Consolidate TFI Base
Operations.
Worldwide Unspecified
Air Force Unspecified Worldwide Child Development Center 0 15,000
Locations Planning & Design Fund.
Air Force Unspecified Worldwide Cost to Complete: FY22 0 291,818
Locations Inflation Effects.
Air Force Unspecified Worldwide Cost to Complete: FY23 0 309,441
Locations Inflation Effects.
Air Force Unspecified Worldwide Cost to Complete: Natural 0 0
Locations Disaster Recovery.
Air Force Unspecified Worldwide Improving Military 0 20,000
Locations Installation Resilience.
Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Air Force Unspecified Worldwide Lab Revitalization......... 0 50,000
Locations
Air Force Unspecified Worldwide Planning & Design.......... 135,794 160,794
Locations
Air Force Unspecified Worldwide VARLOCS CTC................ 0 0
Locations
Air Force Various Worldwide Unspecified Minor Military 66,162 81,162
Locations Construction.
Wyoming
Air Force F.E. Warren Air Force Cost to Complete: Weapons 0 26,000
Base Storage Facility.
Air Force F.E. Warren Air Force GBSD Integrated Command 95,000 45,000
Base Center Wing A.
Air Force F.E. Warren Air Force GBSD Land Acquisition...... 34,000 34,000
Base
Air Force F.E. Warren Air Force GBSD Missile Handling 47,000 47,000
Base Complex Wing A.
Air Force F.E. Warren Air Force Military Working Dog Kennel 0 10,000
Base
........................
Military Construction, Air Force Total 2,055,456 3,827,928
......................
DEFENSE-WIDE
Alabama
Defense-Wide Redstone Arsenal MSIC Advanced Analysis 0 15,000
Facility Phase 2 (INC).
Defense-Wide Redstone Arsenal Backup Power Generation.... 0 10,700
(Missile and Space
Intelligence Center)
California
Defense-Wide Marine Corps Mountain Microgrid and Backup Power. 0 25,560
Warfare Training
Center Bridgeport
Defense-Wide Naval Base Coronado SOF Operations Support 75,712 75,712
Facility.
Defense-Wide Naval Base Ventura Ground Mounted Solar 0 13,360
County, Point Mugu Photovoltaic System.
Delaware
Defense-Wide Dover Air Force Base Armed Services Whole Blood 0 350
Processing Laboratory-East
Replacement (P&D).
Djibouti
Defense-Wide Camp Lemonnier Enhanced Energy Security 0 24,000
and Control Systems.
Florida
Defense-Wide Hurlburt Field SOF Human Performance 9,100 9,100
Training Center.
Defense-Wide MacDill Air Force Base SOF Joint MISO Web 0 8,730
Operations Facility (P&D).
Defense-Wide MacDill Air Force Base SOF Operations Integration 0 50,000
Facility.
Defense-Wide Naval Air Station Facility Energy Operations 0 2,400
Jacksonville Center Renovation.
Defense-Wide Patrick Space Force Underground Electric 0 8,400
Base Distribution System.
Defense-Wide Patrick Space Force Water Distribution Loop.... 0 7,300
Base
Georgia
Defense-Wide Fort Stewart-Hunter Power Generation and 0 25,400
Army Airfield Microgrid.
Defense-Wide Naval Submarine Base SCADA Modernization........ 0 11,200
Kings Bay
Germany
Defense-Wide Baumholder Baumholder Elementary 71,000 106,700
School.
Defense-Wide Baumholder SOF Battalion Annex........ 22,468 22,468
Defense-Wide Baumholder SOF Communications Annex... 9,885 9,885
Defense-Wide Baumholder SOF Operations Annex....... 23,768 23,768
Defense-Wide Baumholder SOF Support Annex.......... 21,902 21,902
Defense-Wide Rhine Ordnance Medical Center Replacement 299,790 299,790
Barracks (INC 10).
Defense-Wide Wiesbaden Clay Kaserne Elementary 60,000 104,779
School.
Guam
Defense-Wide Naval Base Guam Electrical Distribution 0 34,360
System.
Hawaii
Defense-Wide Joint Base Pearl Primary Electrical 0 25,000
Harbor-Hickam Distribution.
Japan
Defense-Wide Fleet Activities Kinnick High School (INC 2) 20,000 20,000
Yokosuka
Defense-Wide Iwakuni PDI: Bulk Storage Tanks PH 85,000 85,000
1.
Defense-Wide Kadena Air Base Lighting Upgrades.......... 0 780
Defense-Wide Yokota Air Base PDI: Bulk Storage Tanks PH 44,000 44,000
I (INC).
Defense-Wide Yokota Air Base PDI: Operations and 72,154 72,154
Warehouse Facilities.
Kansas
Defense-Wide Fort Riley Power Generation and 0 25,780
Microgrid.
Kuwait
Defense-Wide Camp Arifjan Power Generation and 0 26,850
Microgrid.
Maryland
Defense-Wide Bethesda Naval MEDCEN Addition / 75,500 75,500
Hospital Alteration (INC 6).
Defense-Wide Fort Meade NSAW Mission OPS and 140,000 80,000
Records Center (INC).
Defense-Wide Fort Meade NSAW Recap Building 4 (INC) 378,000 318,000
Defense-Wide Fort Meade Reclaimed Water 0 23,310
Infrastructure Expansion.
North Carolina
Defense-Wide Camp Lejeune Lejeune Schools 0 6,600
Modernization (P&D).
Defense-Wide Fort Bragg Albritton Middle School 0 7,500
Addition (P&D).
Defense-Wide Fort Bragg SOF Operations Building.... 18,870 18,870
Defense-Wide Fort Bragg SOF Supply Support Activity 15,600 15,600
South Carolina
Defense-Wide Marine Corps Air Fuel Pier Replacement (P&D) 0 900
Station Beaufort
Defense-Wide Marine Corps Recruit Ambulatory Care Center 0 4,800
Depot Parris Island Replacement (Dental) (P&D).
Texas
Defense-Wide Fort Hood Power Generation and 0 31,500
Microgrid.
Defense-Wide Joint Base San Antonio Ambulatory Care Center 58,600 58,600
Replacement (Dental).
Defense-Wide U.S. Army Reserve Power Generation and 0 9,600
Center, Conroe Microgrid.
Virginia
Defense-Wide Dam Neck SOF Operations Building 26,600 26,600
Addition.
Defense-Wide Naval Support Activity Backup Power Generation.... 0 3,400
Hampton Roads
Defense-Wide Naval Support Activity Primary Distribution 0 19,000
Hampton Roads Substation.
Defense-Wide NCE Springfield, Ft Chilled Water Redundancy... 0 1,100
Belvoir
Defense-Wide Pentagon Commercial Vehicle 18,000 18,000
Inspection Facility.
Worldwide Unspecified
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 233,520
Locations Inflation Effects.
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DHA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DIA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DLA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DODEA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 81,070
Locations Inflation Effects (ERCIP).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (NSA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (OSD).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (SOCOM).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (WHS).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 120,730
Locations Inflation Effects.
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (DHA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (DLA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (DODEA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 65,800
Locations Inflation Effects (ERCIP).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (OSD).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (SOCOM).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (WHS).
Defense-Wide Unspecified Worldwide DLA Planning & Design (DLA) 30,000 30,000
Locations
Defense-Wide Unspecified Worldwide EDI: NATO Eastern Flank 0 50,000
Locations Infrastructure Support
(P&D).
Defense-Wide Unspecified Worldwide Energy Resilience and 329,000 0
Locations Conserv. Invest. Prog..
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 16,130
Locations Construction.
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 10,100
Locations Construction (EUCOM).
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 33,360
Locations Construction (INDOPACOM).
Defense-Wide Unspecified Worldwide Exercise-Related Minor 18,644 18,644
Locations Construction (TJS).
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 500
Locations Construction P&D (EUCOM).
Defense-Wide Unspecified Worldwide Improving Military 0 15,000
Locations Installation Resilience.
Defense-Wide Unspecified Worldwide INDOPACOM- Red Hill Fuel 0 25,000
Locations Distribution (P&D).
Defense-Wide Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Defense-Wide Unspecified Worldwide Planning & Design (Defense- 26,689 51,689
Locations Wide).
Defense-Wide Unspecified Worldwide Planning & Design (DHA).... 33,227 33,227
Locations
Defense-Wide Unspecified Worldwide Planning & Design (DODEA).. 20,086 20,086
Locations
Defense-Wide Unspecified Worldwide Planning & Design (ERCIP).. 224,250 224,250
Locations
Defense-Wide Unspecified Worldwide Planning & Design (MDA).... 47,063 47,063
Locations
Defense-Wide Unspecified Worldwide Planning & Design (NSA).... 9,618 9,618
Locations
Defense-Wide Unspecified Worldwide Planning & Design (SOCOM).. 26,978 26,978
Locations
Defense-Wide Unspecified Worldwide Planning & Design (TJS).... 2,360 2,360
Locations
Defense-Wide Unspecified Worldwide Planning & Design (WHS).... 2,106 2,106
Locations
Defense-Wide Unspecified Worldwide Unspecified Minor Military 3,000 23,000
Locations Construction (Defense-
Wide).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 15,000 15,000
Locations Construction (DHA).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 8,000 8,000
Locations Construction (DODEA).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 0 16,130
Locations Construction (INDOPACOM).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 6,000 6,000
Locations Construction (NSA).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 36,726 36,726
Locations Construction (SOCOM).
Defense-Wide Various Worldwide Unspecified Minor Military 31,702 31,702
Locations Construction (DLA).
........................
Military Construction, Defense-Wide Total 2,416,398 3,183,097
......................
ARMY NATIONAL GUARD
Alaska
Army National Guard Joint Base Elmendorf- Aircraft Maintenance Hangar 0 63,000
Richardson
Arkansas
Army National Guard Camp Robinson Automated Multipurpose 0 9,500
Machine Gun Range.
Delaware
Army National Guard River Road Training National Guard Readiness 16,000 16,000
Site Center.
Florida
Army National Guard Camp Blanding Automated Multipurpose 0 8,500
Machine Gun Range.
Army National Guard Camp Blanding Scout Recce Gunnery Complex 0 16,200
Army National Guard Gainesville National Guard Readiness 0 21,000
Center.
Army National Guard Palm Coast Flagler Rc National Guard Vehicle 12,000 12,000
Fms 9 Maintenance Shop.
Georgia
Army National Guard Fort Gordon National Guard/Reserve 0 2,100
Center Building (P&D).
Hawaii
Army National Guard Kalaeloa National Guard Readiness 29,000 29,000
Center Addition.
Illinois
Army National Guard Chicago National Guard Readiness 0 3,500
Center Alteration (P&D).
Indiana
Army National Guard Atlanta Readiness National Guard Readiness 20,000 20,000
Center Center.
Iowa
Army National Guard West Des Moines Armory National Guard Readiness 15,000 15,000
Center.
Louisiana
Army National Guard Abbeville National Guard Readiness 0 1,650
Center (P&D).
Army National Guard Camp Beauregard Energy Resilience 0 765
Conservation Investment
Program Project (P&D).
Maine
Army National Guard Saco Southern Maine Readiness 0 3,000
Center (P&D).
Army National Guard Woodville Training Range Complex (P&D)........ 0 1,400
Center
Michigan
Army National Guard Grayling Airfield National Guard Readiness 16,000 16,000
Center.
Minnesota
Army National Guard New Ulm Armory and Fms National Guard Readiness 17,000 17,000
Center.
Missouri
Army National Guard Aviation Aircraft Maintenance Hangar 0 5,600
Classification Repair Addition Phase IV (P&D).
Activity Depot
Nevada
Army National Guard Harry Reid Training National Guard Readiness 18,000 18,000
Center Center Add/Alt.
New Hampshire
Army National Guard Concord National Guard Wellness 0 2,000
Center (P&D).
New Mexico
Army National Guard Rio Rancho Vehicle Maintenance Shop 0 600
(P&D).
New York
Army National Guard Glenmore Rd Armory/Fms National Guard Vehicle 17,000 17,000
17 Maintenance Shop.
Army National Guard Lexington Armory National Guard Readiness 0 3,580
Center Addition/
Alteration (P&D).
North Carolina
Army National Guard Mcleansville Camp National Guard Vehicle 15,000 15,000
Burton Road Maintenance Shop.
Army National Guard Morrisville Army Aviation Flight 0 4,500
Facility #1 (P&D).
Oregon
Army National Guard Camp Umatilla Collective Training 0 14,243
Unaccompanied Housing.
Pennsylvania
Army National Guard Fort Indiantown Gap Eastern ARNG Aviation 0 2,700
Training Site (EAATS) Post-
Initial Military Training
Unaccompanied Housing
(P&D).
Army National Guard New Castle National Guard Readiness 0 2,360
Center (P&D).
Puerto Rico
Army National Guard Camp Santiago Joint Engineering/Housing 14,500 14,500
Maneuver Training Maintenance Shops (DPW).
Center
Tennessee
Army National Guard Smyrna Volunteer Army Maintenance Hangar 0 780
Training Site (P&D).
Vermont
Army National Guard Bennington National Guard Readiness 14,800 0
Center.
Army National Guard Ethan Allen Air Force Civil Support Team Facility 0 1,300
Base (P&D).
Army National Guard Ethan Allen Air Force Micro-Grid System (P&D).... 0 1,170
Base
Army National Guard Ethan Allen Firing Cantonment Area for 0 3,500
Range Training (P&D).
Army National Guard Ethan Allen Firing Castle Trail Bypass (All 0 500
Range Season Road) (P&D).
West Virginia
Army National Guard Buckhannon Brushy Fork National Guard Readiness 14,000 14,000
Center Add/Alt.
Army National Guard Martinsburg National Guard Readiness 0 1,500
Center (P&D).
Worldwide Unspecified
Army National Guard Unspecified Worldwide Cost to Complete: FY21 0 63,825
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Cost to Complete: FY22 0 89,786
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 137,339
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Army National Guard Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Army National Guard Unspecified Worldwide Planning & Design.......... 28,245 38,245
Locations
Army National Guard Unspecified Worldwide Unaccompanied Barracks 0 15,243
Locations Planning and Design.
Army National Guard Unspecified Worldwide Unspecified Minor Military 35,933 55,933
Locations Construction.
Wyoming
Army National Guard Camp Guernsey Aviation Operations and 0 19,500
Fire Rescue Building.
Army National Guard TS NG Sheridan National Guard Vehicle 14,800 14,800
Maintenance Shop.
........................
Military Construction, Army National Guard Total 297,278 813,119
......................
ARMY RESERVE
California
Army Reserve Camp Pendleton Area Maintenance Support 0 13,000
Activity.
Florida
Army Reserve Perrine Army Reserve Center/AMSA... 46,000 46,000
Georgia
Army Reserve Dobbins Air Reserve Army Reserve Center (P&D).. 0 5,000
Base
Massachusetts
Army Reserve Fort Devens Cost to Complete: Multi- 0 3,000
Purpose Machine Gun Range.
Michigan
Army Reserve Southfield Cost to Complete: Area 0 1,600
Maintenance Shop.
North Carolina
Army Reserve Asheville Cost to Complete: Army 0 2,000
Reserve Center.
Ohio
Army Reserve Wright-Patterson Air Area Maintenance Support 0 16,000
Force Base Activity.
Army Reserve Wright-Patterson Air Cost to Complete: Army 0 2,000
Force Base Reserve Center.
Puerto Rico
Army Reserve Fort Buchanan Army Reserve Center........ 24,000 24,000
Washington
Army Reserve Yakima Equipment Concentration 0 22,000
Site Warehouse.
Wisconsin
Army Reserve Fort McCoy Transient Training Enlisted 0 38,000
Barracks.
Army Reserve Fort McCoy Transient Training Officer 0 26,000
Barracks.
Worldwide Unspecified
Army Reserve Unspecified Worldwide Barracks Planning and 0 3,000
Locations Design.
Army Reserve Unspecified Worldwide Cost to Complete: FY21 0 28,950
Locations Inflation Effects.
Army Reserve Unspecified Worldwide Cost to Complete: FY22 0 16,000
Locations Inflation Effects.
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 93,000
Locations Inflation Effects.
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Army Reserve Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Army Reserve Unspecified Worldwide Planning & Design.......... 0 20,000
Locations
Army Reserve Unspecified Worldwide Planning & Design.......... 9,829 29,829
Locations
Army Reserve Unspecified Worldwide Unaccompanied Barracks 0 20,000
Locations Planning and Design.
Army Reserve Unspecified Worldwide Unspecified Minor Military 20,049 40,049
Locations Construction.
........................
Military Construction, Army Reserve Total 99,878 449,428
......................
NAVY RESERVE & MARINE CORPS RESERVE
Hawaii
Navy/Marine Corps Reserve Marine Corps Base C-40 Aircraft Maintenance 0 40,000
Kaneohe Bay Hangar.
Michigan
Navy/Marine Corps Reserve Marine Forces Reserve Organic Supply Facilities.. 0 24,300
Battle Creek
Virginia
Navy/Marine Corps Reserve Marine Forces Reserve G/ATOR Support Facilities.. 0 10,400
Dam Neck Virginia
Beach
Worldwide Unspecified
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY22 0 7,854
Locations Inflation Effects.
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects.
Navy/Marine Corps Reserve Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (P&D).
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Navy/Marine Corps Reserve Unspecified Worldwide MCNR Unspecified Minor 27,747 18,747
Locations Construction.
Navy/Marine Corps Reserve Unspecified Worldwide USMCR Planning & Design.... 2,590 2,590
Locations
........................
Military Construction, Navy Reserve Total 30,337 103,891
......................
AIR NATIONAL GUARD
Alabama
Air National Guard Birmingham Security and Services 7,500 0
International Airport Training Facility.
Air National Guard Montgomery Regional F-35 Weapons Load Crew 0 9,200
Airport Training.
Arizona
Air National Guard Morris Air National Base Entry Complex......... 0 12,000
Guard Base
Air National Guard Tucson International Land Acquisition........... 10,000 10,000
Airport
Florida
Air National Guard Jacksonville F-35 Construct Flight 22,200 22,200
International Airport Simulator Facility.
Air National Guard Jacksonville F-35 Munitions Maintenance 0 530
International Airport & Inspection Facility
(P&D).
Air National Guard Jacksonville F-35 Munitions Storage Area 0 770
International Airport Administration & Pad (P&D).
Illinois
Air National Guard Scott Air Force Base Maintenance Hangar & Shops 0 2,500
(P&D).
Indiana
Air National Guard Fort Wayne Munitions Maintenance & 12,800 12,800
International Airport Storage Complex.
Louisiana
Air National Guard New Orleans Munitions Administrative 0 1,650
Facility (P&D).
Missouri
Air National Guard Jefferson Barracks Air Combat Arms Training and 0 730
Guard Station Maintenance Facility (P&D).
Air National Guard Jefferson Barracks Air Consolidated Air Operations 0 2,100
Guard Station Group (157th Air
Operations Group) (P&D).
Air National Guard Rosecrans Air National Maintenance Hangar (P&D)... 0 3,400
Guard Base
Air National Guard Rosecrans Air National Parking Apron (P&D)........ 0 2,000
Guard Base
New Hampshire
Air National Guard Pease Air National Small Arms Range (P&D)..... 0 2,000
Guard Base
New Jersey
Air National Guard Atlantic City ADAL Main Hangar (P&D)..... 0 3,000
International Airport
Ohio
Air National Guard Rickenbacker Air Small Arms Range........... 0 8,000
National Guard Base
Rhode Island
Air National Guard Quonset State Airport Consolidated Headquarters 0 35,000
Medical & Dining Facility.
Tennessee
Air National Guard McGhee Tyson Airport KC-135 Maintenance Shops... 23,800 23,800
Vermont
Air National Guard Burlington Cyber Operations Squadron 0 1,000
International Airport Building (P&D).
West Virginia
Air National Guard Mclaughlin Air C-130J Apron Expansion..... 0 10,000
National Guard Base
Air National Guard Mclaughlin Air Indoor Small Arms Range 0 640
National Guard Base (P&D).
Air National Guard Mclaughlin Air Squadron Operations 0 1,500
National Guard Base Building (P&D).
Worldwide Unspecified
Air National Guard Unspecified Worldwide Cost to Complete: FY22 0 67,800
Locations Inflation Effects.
Air National Guard Unspecified Worldwide Cost to Complete: FY23 0 33,900
Locations Inflation Effects.
Air National Guard Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Air National Guard Unspecified Worldwide Planning & Design.......... 28,412 40,412
Locations
Air National Guard Unspecified Worldwide Unspecified Minor Military 44,171 57,171
Locations Construction.
........................
Military Construction, Air National Guard Total 148,883 364,103
......................
AIR FORCE RESERVE
Arizona
Air Force Reserve Davis Monthan Air 610th CACS Command & 0 8,000
Force Base Control Facility.
California
Air Force Reserve Beale Air Force Base 940 ARW Squad OPS/AMU...... 33,000 0
Massachusetts
Air Force Reserve Westover Air Reserve Taxiway Golf Extension 0 1,900
Base (P&D).
Mississippi
Air Force Reserve Keesler Air Force Base Aeromedical Evacuation 0 10,000
Training Facility.
New York
Air Force Reserve Niagara Falls Arsenal Combined Operations and 0 2,800
Alert Facility (P&D).
Oklahoma
Air Force Reserve Tinker Air Force Base 10th Flight Test Squadron 0 12,500
Facility.
Virginia
Air Force Reserve Langley Air Force Base Intelligence Group Facility 0 10,500
Worldwide Unspecified
Air Force Reserve Unspecified Worldwide Cost to Complete: FY22 0 11,800
Locations Inflation Effects.
Air Force Reserve Unspecified Worldwide Cost to Complete: FY23 0 37,500
Locations Inflation Effects.
Air Force Reserve Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Air Force Reserve Unspecified Worldwide Planning & Design.......... 11,773 21,773
Locations
Air Force Reserve Unspecified Worldwide Unspecified Minor Military 11,850 31,850
Locations Construction.
Air Force Reserve Unspecified Worldwide Unspecified UPL Project.... 0 0
Locations
........................
Military Construction, Air Force Reserve Total 56,623 148,623
......................
NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified
NATO NATO Security Inflation & Market 0 0
Investment Program Adjustment Fund.
NATO NATO Security NATO Security Investment 210,139 210,139
Investment Program Program.
........................
NATO Security Investment Program Total 210,139 210,139
......................
FAMILY HOUSING CONSTRUCTION, ARMY
Germany
FH Con, Army Baumholder Cost to Complete: FY19 0 48,100
Family Housing New
Construction.
FH Con, Army Baumholder Cost to Complete: FY20 0 57,222
Family Housing New
Construction.
FH Con, Army Baumholder Cost to Complete: FY23 0 16,500
Family Housing New
Construction.
FH Con, Army Baumholder Family Housing Improvements 0 20,000
FH Con, Army Baumholder Family Housing Replacement 57,000 57,000
Construction.
FH Con, Army Vilseck Cost to Complete: Family 0 13,000
Housing New Construction.
Italy
FH Con, Army Vicenza Cost to Complete: FY21 0 16,510
Family Housing New
Construction.
FH Con, Army Vicenza Cost to Complete: FY22 0 7,280
Family Housing New
Construction.
FH Con, Army Vicenza Cost to Complete: FY23 0 27,750
Family Housing New
Construction.
FH Con, Army Vicenza Family Housing New 95,000 40,000
Construction.
Kwajalein
FH Con, Army Kwajalein Atoll Cost to Complete: Family 0 47,060
Housing Replacement.
FH Con, Army Kwajalein Atoll Cost to Complete: Family 0 39,400
Housing Replacement (FY21).
Worldwide Unspecified
FH Con, Army Unspecified Worldwide Cost to Complete: Family 0 138,783
Locations Housing Construction.
FH Con, Army Unspecified Worldwide Cost to Complete: FY21 0 202,682
Locations Inflation Effects.
FH Con, Army Unspecified Worldwide Cost to Complete: FY22 0 29,800
Locations Inflation Effects.
FH Con, Army Unspecified Worldwide Cost to Complete: FY23 0 73,050
Locations Inflation Effects.
FH Con, Army Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
FH Con, Army Unspecified Worldwide Family Housing P&D......... 17,339 17,339
Locations
FH Con, Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Family Housing Construction, Army Total 169,339 851,476
......................
FAMILY HOUSING O&M, ARMY
Worldwide Unspecified
FH Ops, Army Unspecified Worldwide Furnishings................ 22,911 22,911
Locations
FH Ops, Army Unspecified Worldwide Housing Privatization 65,740 70,740
Locations Support.
FH Ops, Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Ops, Army Unspecified Worldwide Leasing.................... 127,499 127,499
Locations
FH Ops, Army Unspecified Worldwide Maintenance................ 117,555 117,555
Locations
FH Ops, Army Unspecified Worldwide Management................. 45,718 50,718
Locations
FH Ops, Army Unspecified Worldwide Miscellaneous.............. 559 559
Locations
FH Ops, Army Unspecified Worldwide Services................... 9,580 9,580
Locations
FH Ops, Army Unspecified Worldwide Utilities.................. 46,849 46,849
Locations
........................
Family Housing Operation and Maintenance, Army Total 436,411 446,411
......................
FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS
District of Columbia
FH Con, Navy United States Marine Design..................... 7,043 7,043
Corps Headquarters
FH Con, Navy United States Marine Improvements............... 74,540 74,540
Corps Headquarters
Guam
FH Con, Navy Naval Support Activity Replace Andersen Housing PH 86,390 98,485
Andersen IV.
FH Con, Navy Naval Support Activity Replace Andersen Housing PH 93,259 106,315
Andersen V.
FH Con, Navy Naval Support Activity Replace Andersen Housing PH 68,985 68,985
Andersen VI.
Worldwide Unspecified
FH Con, Navy Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects.
FH Con, Navy Unspecified Worldwide Cost to Complete: FY23 0 45,244
Locations Inflation Effects.
FH Con, Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Con, Navy Unspecified Worldwide USMC DPRI/Guam Planning & 7,080 7,080
Locations Design.
........................
Family Housing Construction, Navy and Marine Corps Total 337,297 407,692
......................
FAMILY HOUSING O&M, NAVY & MARINE CORPS
Worldwide Unspecified
FH Ops, Navy Unspecified Worldwide Furnishings................ 16,182 16,182
Locations
FH Ops, Navy Unspecified Worldwide Housing Privatization 61,605 66,605
Locations Support.
FH Ops, Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Ops, Navy Unspecified Worldwide Leasing.................... 66,333 66,333
Locations
FH Ops, Navy Unspecified Worldwide Maintenance................ 105,470 105,470
Locations
FH Ops, Navy Unspecified Worldwide Management................. 59,312 64,312
Locations
FH Ops, Navy Unspecified Worldwide Miscellaneous.............. 411 411
Locations
FH Ops, Navy Unspecified Worldwide Services................... 16,494 16,494
Locations
FH Ops, Navy Unspecified Worldwide Utilities.................. 42,417 42,417
Locations
........................
Family Housing Operation and Maintenance, Navy and Marine Corps Total 368,224 378,224
......................
FAMILY HOUSING CONSTRUCTION, AIR FORCE
Delaware
FH Con, Air Force Dover Air Force Base MHPI Restructure........... 25,492 25,492
Florida
FH Con, Air Force Tyndall Air Force Base AETC Restructuring......... 150,685 150,685
Illinois
FH Con, Air Force Scott Air Force Base MHPI Restructure........... 52,003 52,003
Japan
FH Con, Air Force Kadena Air Base Family Housing North 0 3,800
Terrance Improvement,
Phase 2 (4 Units).
Maryland
FH Con, Air Force Andrews Air Force Base MHPI Equity Contribution 1,878 1,878
CMSSF House.
Worldwide Unspecified
FH Con, Air Force Unspecified Worldwide Family Housing Construction 0 15,000
P&D.
FH Con, Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Con, Air Force Unspecified Worldwide Planning & Design.......... 2,730 2,730
Locations
........................
Family Housing Construction, Air Force Total 232,788 251,588
......................
FAMILY HOUSING O&M, AIR FORCE
Worldwide Unspecified
FH Ops, Air Force Unspecified Worldwide Furnishings................ 27,379 27,379
Locations
FH Ops, Air Force Unspecified Worldwide Housing Privatization...... 33,517 38,517
Locations
FH Ops, Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Ops, Air Force Unspecified Worldwide Leasing.................... 7,882 7,882
Locations
FH Ops, Air Force Unspecified Worldwide Maintenance................ 150,375 150,375
Locations
FH Ops, Air Force Unspecified Worldwide Management................. 77,042 82,042
Locations
FH Ops, Air Force Unspecified Worldwide Miscellaneous.............. 2,240 2,240
Locations
FH Ops, Air Force Unspecified Worldwide Services................... 10,570 10,570
Locations
FH Ops, Air Force Unspecified Worldwide Utilities.................. 46,217 46,217
Locations
........................
Family Housing Operation and Maintenance, Air Force Total 355,222 365,222
......................
FAMILY HOUSING O&M, DEFENSE-WIDE
Worldwide Unspecified
FH Ops, Defense-Wide Unspecified Worldwide Furnishings................ 87 87
Locations
FH Ops, Defense-Wide Unspecified Worldwide Furnishings................ 656 656
Locations
FH Ops, Defense-Wide Unspecified Worldwide Leasing.................... 13,306 13,306
Locations
FH Ops, Defense-Wide Unspecified Worldwide Leasing.................... 31,849 31,849
Locations
FH Ops, Defense-Wide Unspecified Worldwide Maintenance................ 34 34
Locations
FH Ops, Defense-Wide Unspecified Worldwide Utilities.................. 15 15
Locations
FH Ops, Defense-Wide Unspecified Worldwide Utilities.................. 4,166 4,166
Locations
........................
Family Housing Operation and Maintenance, Defense-Wide Total 50,113 50,113
......................
FAMILY HOUSING IMPROVEMENT FUND
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 6,442 6,442
Locations FHIF.
FHIF Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Family Housing Improvement Fund Total 6,442 6,442
......................
UNACCOMPANIED HOUSING IMPROVEMENT FUND
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 494 494
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 494 494
......................
BASE REALIGNMENT AND CLOSURE, ARMY
Worldwide Unspecified
BRAC, Army Unspecified Worldwide Base Realignment & Closure. 67,706 117,706
Locations
BRAC, Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Base Realignment and Closure--Army Total 67,706 117,706
......................
BASE REALIGNMENT AND CLOSURE, NAVY
Worldwide Unspecified
BRAC, Navy Unspecified Worldwide Base Realignment & Closure. 106,664 156,664
Locations
BRAC, Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Base Realignment and Closure--Navy Total 106,664 156,664
......................
BASE REALIGNMENT AND CLOSURE, AIR FORCE
Worldwide Unspecified
BRAC, Air Force Unspecified Worldwide Base Realignment & Closure. 107,311 157,311
Locations
BRAC, Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Base Realignment and Closure--Air Force Total 107,311 157,311
......................
BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE
Worldwide Unspecified
BRAC, Defense-Wide Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
BRAC, Defense-Wide Unspecified Worldwide INT-4: DLA Activities...... 3,006 3,006
Locations
........................
Base Realignment and Closure--Defense-wide Total 3,006 3,006
......................
Total, Military Construction 12,153,965 19,485,723
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary by Appropriation
Energy and Water Development and Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 156,600 156,600
Atomic Energy Defense Activities
National Nuclear Security
Administration:
Weapons Activities................ 16,486,298 17,359,798
Defense Nuclear Nonproliferation.. 2,346,257 2,353,257
Naval Reactors.................... 2,081,445 2,081,445
Federal Salaries and Expenses..... 496,400 496,400
Total, National Nuclear Security 21,410,400 22,290,900
Administration.....................
Defense Environmental Cleanup....... 6,914,532 6,802,611
Defense Uranium Enrichment D&D...... 0 0
Other Defense Activities............ 978,351 978,351
Total, Atomic Energy Defense 29,303,283 30,071,862
Activities...........................
Total, Discretionary Funding.............. 29,459,883 30,228,462
Nuclear Energy
Safeguards and security................. 156,600 156,600
Total, Nuclear Energy..................... 156,600 156,600
National Nuclear Security Administration
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program.......... 672,019 672,019
W88 Alteration program.............. 162,057 162,057
W80-4 Life extension program........ 1,122,451 1,122,451
W80-4 ALT SLCM...................... 0 20,000
Research and development for a (20,000)
nuclear warhead for a nuclear-
capable sea-launched cruise
missile........................
W87-1 Modification Program.......... 680,127 680,127
W93................................. 240,509 240,509
Subtotal, Stockpile major 2,877,163 2,897,163
modernization........................
Stockpile sustainment..................... 1,321,139 1,321,139
Weapons dismantlement and disposition..... 50,966 50,966
Production operations..................... 630,894 630,894
Nuclear enterprise assurance.............. 48,911 48,911
Total, Stockpile management............. 4,929,073 4,949,073
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations. 767,412 767,412
21-D-512, Plutonium Pit 588,234 588,234
Production Project, LANL.......
15-D-302, TA-55 Reinvestments 30,002 30,002
Project, Phase 3, LANL.........
07-D-220-04, Transuranic Liquid 24,759 24,759
Waste Facility, LANL...........
04-D-125, Chemistry and 162,012 162,012
Metallurgy Research Replacement
Project, LANL..................
Subtotal, Los Alamos Plutonium 1,572,419 1,572,419
Modernization....................
Savannah River Plutonium Modernization
Savannah River Plutonium 58,300 58,300
Operations.....................
21-D-511, Savannah River 700,000 1,200,000
Plutonium Processing Facility,
SRS............................
Program increase--glovebox (200,000)
long lead procurement......
Program increase--long lead (100,000)
items......................
Program increase--demolition (165,000)
of MOX buildling...........
Program increase--site prep. (35,000)
Subtotal, Savannah River Plutonium 758,300 1,258,300
Modernization....................
Enterprise Plutonium Support.......... 88,993 88,993
Total, Plutonium Modernization.......... 2,419,712 2,919,712
High Explosives & Energetics
High Explosives & Energetics.... 101,380 101,380
23-D-516, Energetic Materials 19,000 19,000
Characterization Facility, LANL
21-D-510, HE Synthesis, 108,000 133,000
Formulation, and Production, PX
Project risk reduction...... (25,000)
15-D-301, HE Science & 20,000 30,000
Engineering Facility, PX.......
Project risk reduction...... (10,000)
Subtotal, High Explosives & 248,380 283,380
Energetics.......................
Total, Primary Capability Modernization... 2,668,092 3,203,092
Secondary Capability Modernization
Secondary Capability Modernization...... 536,363 544,363
Program increase--calciner.......... (8,000)
18-D-690, Lithium Processing Facility, Y- 216,886 216,886
12.....................................
06-D-141, Uranium Processing Facility, Y- 362,000 362,000
12.....................................
Total, Secondary Capability Modernization. 1,115,249 1,123,249
Tritium and Domestic Uranium Enrichment
Tritium and Domestic Uranium Enrichment. 506,649 506,649
18-D-650, Tritium Finishing Facility, 73,300 73,300
SRS....................................
Total, Tritium and Domestic Uranium 579,949 579,949
Enrichment...............................
Non-Nuclear Capability Modernization...... 123,084 123,084
Capability Based Investments.............. 154,220 154,220
Total, Production Modernization......... 4,640,594 5,183,594
Stockpile research, technology, and
engineering
Assessment Science
Assessment Science.................. 801,668 861,668
Enhanced Capability for (60,000)
Subcritical Experiments (ECSE)
and Hydrodynamic and Subcritical
Experiment Execution Support.....
17-D-640, U1a Complex Enhancements 53,130 53,130
Project, NNSS......................
Total, Assessment Science............. 854,798 914,798
Engineering and integrated assessments 366,455 366,455
Inertial confinement fusion........... 544,095 624,095
Program increase.................... (80,000)
Advanced simulation and computing..... 742,646 842,146
Program increase.................... (99,500)
Weapon technology and manufacturing 286,165 296,165
maturation...........................
Program increase.................... (10,000)
Academic programs..................... 100,499 100,499
Total, Stockpile research, technology, 2,894,658 3,144,158
and engineering........................
Infrastructure and operations
Operating
Operations of facilities............ 1,038,000 1,046,000
Program increase................ (8,000)
Safety and Environmental Operations. 162,000 162,000
Maintenance and Repair of Facilities 680,000 725,000
Deferred maintenance............ (45,000)
Recapitalization
Infrastructure and Safety......... 561,663 561,663
Planning for Programmatic 0 0
Construction (Pre-CD-1)..........
Subtotal, Recapitalization.......... 561,663 561,663
Total, Operating...................... 2,441,663 2,494,663
Mission enabling construction
22-D-514 Digital Infrastructure 67,300 67,300
Capability Expansion...............
22-D-517 Electrical Power Capacity 24,000 24,000
Upgrade, LANL......................
22-D-518 Plutonium Modernization Ops 48,500 48,500
& Waste Mngmt Office Bldg, LANL....
23-D-519 Special Material Facility, 49,500 49,500
Y-12...............................
Total, Mission enabling construction.. 189,300 189,300
Total, Infrastructure and operations.... 2,630,963 2,683,963
Secure transportation asset
Operations and equipment.............. 214,367 214,367
Program direction..................... 130,070 130,070
Total, Secure transportation asset...... 344,437 344,437
Defense nuclear security
Operations and maintenance............ 878,363 878,363
Construction:
17-D-710, West end protected area 3,928 11,928
reduction project, Y-12............
Program increase................ (8,000)
Subtotal, Construction................ 3,928 11,928
Total, Defense nuclear security......... 882,291 890,291
Information technology and cybersecurity.. 445,654 445,654
Legacy contractor pensions and settlement 114,632 114,632
payments.................................
Total, Weapons Activities................. 16,882,302 17,755,802
Adjustments
Use of prior year balances............ -396,004 -396,004
Total, Adjustments........................ -396,004 -396,004
Total, Weapons Activities................. 16,486,298 17,359,798
Defense Nuclear Nonproliferation
Material management and minimization
Conversion (formerly HEU Reactor 153,260 153,260
Conversion)..........................
Nuclear material removal.............. 41,600 41,600
Material disposition.................. 256,025 256,025
Total, Material management & 450,885 450,885
minimization...........................
Global material security
International nuclear security........ 81,155 81,155
Radiological security................. 244,827 244,827
Nuclear smuggling detection and 178,095 178,095
deterrence...........................
Total, Global material security......... 504,077 504,077
Nonproliferation and arms control....... 207,656 207,656
Defense nuclear nonproliferation R&D
Proliferation detection............... 287,283 287,283
Nonproliferation stewardship program.. 109,343 109,343
Nuclear detonation detection.......... 279,205 279,205
Forensics R&D......................... 44,414 44,414
Nonproliferation fuels development.... 0 0
Nuclear Fuels Development............. 0 20,000
Total, Defense Nuclear Nonproliferation 720,245 740,245
R&D....................................
Nonproliferation construction
18-D-150 Surplus Plutonium Disposition 71,764 71,764
Project, SRS.........................
Total, Nonproliferation construction.... 71,764 71,764
NNSA Bioassurance Program............... 20,000 5,000
Program reduction..................... (-15,000)
Legacy contractor pensions and 55,708 55,708
settlement payments....................
Nuclear counterterrorism and incident
response program
Emergency Operations.................. 29,896 29,896
Counterterrorism and 409,074 409,074
Counterproliferation.................
NA-82 Counterproliferation classified 0 2,000
program increase.....................
Total, Nuclear counterterrorism and 438,970 438,970
incident response program..............
Subtotal, Defense Nuclear Nonproliferation 2,469,305 2,476,305
Adjustments
Use of prior year balances............ -123,048 -123,048
Total, Adjustments...................... -123,048 -123,048
Total, Defense Nuclear Nonproliferation... 2,346,257 2,353,257
Naval Reactors
Naval reactors development.............. 798,590 798,590
Columbia-Class reactor systems 53,900 53,900
development............................
S8G Prototype refueling................. 20,000 20,000
Naval reactors operations and 695,165 695,165
infrastructure.........................
Program direction....................... 58,525 58,525
Construction:
23-D-533 BL Component Test Complex.... 57,420 57,420
22-D-532 Security Upgrades KL......... 0 0
22-D-531 KL Chemistry & Radiological 0 0
Health Building......................
14-D-901 Spent Fuel Handling 397,845 397,845
Recapitalization Project, NRF........
21-D-530 KL Steam and Condensate 0 0
Upgrades.............................
Total, Construction..................... 455,265 455,265
Total, Naval Reactors..................... 2,081,445 2,081,445
Federal Salaries and Expenses
Program direction....................... 513,200 513,200
Use of prior year balances.............. -16,800 -16,800
Total, Federal Salaries and Expenses...... 496,400 496,400
TOTAL, National Nuclear Security 21,410,400 22,290,900
Administration...........................
Defense Environmental Cleanup
Closure sites administration.......... 4,067 4,067
Richland
River corridor and other cleanup 135,000 221,000
operations...........................
Program increase.................. (86,000)
Central plateau remediation........... 650,240 672,240
Program increase.................. (22,000)
Richland community and regulatory 10,013 10,013
support..............................
18-D-404 Modification of Waste 3,100 3,100
Encapsulation and Storage Facility...
22-D-401 L-888, 400 Area Fire Station. 3,100 3,100
22-D-402 L-897, 200 Area Water 8,900 8,900
Treatment Facility...................
23-D-404 181D Export Water System 6,770 6,770
Reconfiguration and Upgrade..........
23-D-405 181B Export Water System 480 480
Reconfiguration and Upgrade..........
Total, Richland......................... 817,603 925,603
Office of River Protection:
Waste Treatment Immobilization Plant 462,700 462,700
Commissioning........................
Rad liquid tank waste stabilization 801,100 811,100
and disposition......................
Program increase.................. (10,000)
Construction
23-D-403 Hanford 200 West Area 4,408 4,408
Tank Farms Risk Management
Project..........................
18-D-16 Waste treatment and 0 0
immobilization plant--LBL/Direct
feed LAW.........................
01-D-16D, High-level waste 316,200 358,939
facility.........................
Program increase.............. (42,739)
01-D-16E, Pretreatment Facility... 20,000 20,000
Subtotal, Construction................ 340,608 383,347
ORP Low-level waste offsite disposal.. 0 0
Total, Office of River Protection....... 1,604,408 1,657,147
Idaho National Laboratory:
Idaho cleanup and waste disposition... 350,658 350,658
Idaho community and regulatory support 2,705 2,705
Construction
22-D-403 Idaho Spent Nuclear Fuel 8,000 8,000
Staging Facility.................
22-D-404 Addl ICDF Landfill 8,000 8,000
Disposal Cell and Evaporation
Ponds Project....................
22-D-402 Calcine Construction..... 10,000 10,000
Subtotal, Construction................ 26,000 26,000
Total, Idaho National Laboratory........ 379,363 379,363
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,842 1,842
LLNL Excess Facilities D&D............ 12,004 22,004
Program increase.................. (10,000)
Separations Processing Research Unit.. 15,300 15,300
Nevada Test Site...................... 62,652 62,652
Sandia National Laboratory............ 4,003 4,003
Los Alamos National Laboratory........ 286,316 286,316
Los Alamos Excess Facilities D&D...... 40,519 40,519
Total, NNSA sites and Nevada off-sites.. 422,636 432,636
Oak Ridge Reservation:
OR Nuclear Facility D&D............... 334,221 339,221
Program increase.................. (5,000)
U233 Disposition Program.............. 47,628 47,628
OR cleanup and waste disposition...... 62,000 62,000
Construction
17-D-401 On-site waste disposal 35,000 35,000
facility.........................
14-D-403 Outfall 200 Mercury 0 0
Treatment Facility...............
Subtotal, Construction................ 35,000 35,000
OR community & regulatory support..... 5,300 5,300
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 487,149 492,149
Savannah River Site:
Savannah River risk management 416,317 460,317
operations...........................
Program increase.................. (44,000)
Savannah River legacy pensions........ 132,294 132,294
Savannah River community and 12,137 12,137
regulatory support...................
Savannah River National Laboratory O&M 41,000 41,000
Construction:
20-D-401 Saltstone Disposal Unit 37,668 37,668
#10, 11, 12......................
19-D-701 SR Security systems 5,000 5,000
replacement......................
18-D-402 Saltstone Disposal Unit 49,832 49,832
#8, 9............................
18-D-402 Emergency Operations 25,568 25,568
Center Replacement, SR...........
Subtotal, Construction................ 118,068 118,068
Radioactive liquid tank waste 851,660 931,000
stabilization........................
Program increase.................. (79,340)
Total, Savannah River Site.............. 1,571,476 1,694,816
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 371,943 371,943
Construction:
15-D-411 Safety significant 59,073 59,073
confinement ventilation system,
WIPP.............................
15-D-412 Exhaust shaft, WIPP...... 25,000 25,000
Program increase.................. 6,000
Total, Construction................... 84,073 90,073
Total, Waste Isolation Pilot Plant...... 456,016 462,016
Program direction--Defense Environmental 317,002 317,002
Cleanup................................
Program support--Defense Environmental 103,239 103,239
Cleanup................................
Safeguards and Security--Defense 309,573 309,573
Environmental Cleanup..................
Technology development and deployment... 25,000 25,000
Federal contribution to the Uranium 417,000 0
Enrichment D&D Fund....................
Program reduction..................... (-417,000)
Subtotal, Defense Environmental Cleanup... 6,914,532 6,802,611
TOTAL, Defense Environmental Cleanup...... 6,914,532 6,802,611
Defense Uranium Enrichment D&D............ 0 0
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 138,854 138,854
security mission support.............
Program direction..................... 76,685 76,685
Total, Environment, health, safety and 215,539 215,539
security...............................
Office of Enterprise Assessments
Enterprise assessments................ 27,486 27,486
Program direction..................... 57,941 57,941
Total, Office of Enterprise Assessments. 85,427 85,427
Specialized security activities......... 306,067 306,067
Legacy Management
Legacy Management Activities--Defense. 174,163 174,163
Program Direction..................... 21,983 21,983
Total, Legacy Management................ 196,146 196,146
Defense-related administrative support.. 170,695 170,695
Office of hearings and appeals.......... 4,477 4,477
Subtotal, Other defense activities...... 978,351 978,351
Use of prior year balances.............. 0 0
Total, Other Defense Activities........... 978,351 978,351
------------------------------------------------------------------------
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI--VETERANS AFFAIRS MATTERS
Subtitle A--Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.
Sec. 5102. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated States.
Subtitle B--Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of
information on Department of Veterans Affairs home loan
benefits.
Sec. 5112. GAO study on post-market surveillance of medical devices by
Department of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services
and housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of
Veterans Affairs.
Subtitle C--Other Matters
Sec. 5121. Improved application of employment and reemployment rights of
all members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of
Veterans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles Leasing
Act of 2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of
Veterans Affairs of donated facilities and related
improvements.
Sec. 5126. Improvement of Vet Centers at Department of Veterans Affairs.
Sec. 5127. Information on certain veterans with prior medical
occupations; program on intermediate care technicians of
Department of Veterans Affairs.
Subtitle A--Advisory Committees
SEC. 5101. ANNUAL REPORT FROM ADVISORY COMMITTEE ON WOMEN VETERANS.
Section 542(c)(1) of title 38, United States Code, is amended by
striking ``even-numbered year'' and inserting ``year''.
SEC. 5102. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE ON UNITED
STATES OUTLYING AREAS AND FREELY ASSOCIATED STATES.
(a) Establishment of Advisory Committee.--Subchapter III of chapter
5 of title 38, United States Code, is amended by adding at the end the
following new section (and conforming the table of sections at the
beginning of such chapter accordingly):
``Sec. 548. Advisory Committee on United States Outlying Areas and
Freely Associated States
``(a) Establishment.--The Secretary shall establish an advisory
committee, to be known as the `Advisory Committee on United States
Outlying Areas and Freely Associated States', to provide advice and
guidance to the Secretary on matters relating to covered veterans.
``(b) Duties.--The duties of the Committee shall be the following:
``(1) To advise the Secretary on matters relating to covered
veterans, including how the Secretary may improve the programs and
services of the Department to better serve such veterans.
``(2) To identify for the Secretary evolving issues of
relevance to covered veterans.
``(3) To propose clarifications, recommendations, and solutions
to address issues raised by covered veterans.
``(4) To provide a forum for covered veterans, veterans service
organizations serving covered veterans, and the Department to
discuss issues and proposals for changes to regulations, policies,
and procedures of the Department.
``(5) To identify priorities for and provide advice to the
Secretary on appropriate strategies for consultation with veterans
service organizations serving covered veterans.
``(6) To encourage the Secretary to work with the heads of
other Federal departments and agencies, and Congress, to ensure
covered veterans are provided the full benefits of their status as
covered veterans.
``(7) To highlight contributions of covered veterans in the
Armed Forces.
``(8) To conduct other duties as determined appropriate by the
Secretary.
``(c) Membership.--(1) The Committee shall be comprised of 15
voting members appointed by the Secretary.
``(2) In appointing members pursuant to paragraph (1), the
Secretary shall ensure the following:
``(A) At least one member is appointed to represent covered
veterans in each of the following areas:
``(i) American Samoa.
``(ii) Guam.
``(iii) Puerto Rico.
``(iv) The Commonwealth of the Northern Mariana Islands.
``(v) The Virgin Islands of the United States.
``(vi) The Federated States of Micronesia.
``(vii) The Republic of the Marshall Islands.
``(viii) The Republic of Palau.
``(B) Not fewer than half of the members appointed are covered
veterans, unless the Secretary determines that an insufficient
number of qualified covered veterans are available.
``(C) Each member appointed resides in an area specified in
subparagraph (A).
``(3) In appointing members pursuant to paragraph (1), the
Secretary may consult with any Member of Congress who represents an
area specified in paragraph (2)(A).
``(4) In addition to the members appointed pursuant to paragraph
(1), the Committee shall be comprised of such ex officio members as the
Secretary of State and the Secretary of the Interior shall appoint from
among employees of the Department of State and the Department of the
Interior, respectively.
``(d) Terms; Vacancies.--(1) A member of the Committee--
``(A) shall be appointed for a term of two years; and
``(B) may be reappointed to serve an additional two-year term.
``(2) Not later than 180 days after the Secretary (or in the case
of an ex officio member, the Secretary of State or the Secretary of the
Interior, as the case may be) receives notice of a vacancy in the
Committee, the vacancy shall be filled in the same manner as the
original appointment.
``(e) Meeting Format and Frequency.--(1) Except as provided in
paragraph (2), the Committee shall meet in-person with the Secretary
not less frequently than once each year and hold monthly conference
calls as necessary.
``(2) Meetings held under paragraph (1) may be conducted virtually
if determined necessary based on--
``(A) Department protocols; and
``(B) timing and budget considerations.
``(f) Additional Representation.--(1) Representatives of relevant
Federal departments and agencies may attend meetings of the Committee
and provide information to the Committee.
``(2) One representative of the Department shall attend each
meeting of the Committee.
``(3) Representatives attending meetings under this subsection--
``(A) may not be considered voting members of the Committee;
and
``(B) may not receive additional compensation for services
performed with respect to the Committee.
``(g) Subcommittees.--(1) The Committee may establish
subcommittees.
``(2) The Secretary may, in consultation with the Committee,
appoint a member to a subcommittee established under paragraph (1) who
is not a member of the Committee.
``(3) A subcommittee established under paragraph (1) may enhance
the function of the Committee, but may not supersede the authority of
the Committee or provide direct advice or work products to the
Secretary.
``(h) Reports.--(1) Not less frequently than once every two years,
the Committee shall submit to the Secretary and the appropriate
congressional committees a report--
``(A) containing such recommendations as the Committee may have
for legislative or administrative action; and
``(B) describing the activities of the Committee during the
previous two years.
``(2) Not later than 120 days after the date on which the Secretary
receives a report under paragraph (1), the Secretary shall submit to
the appropriate congressional committees a written response to the
report after--
``(A) giving the Committee an opportunity to review such
written response; and
``(B) including in such written response any comments the
Committee considers appropriate.
``(3) The Secretary shall make publicly available on an internet
website of the Department--
``(A) each report the Secretary receives under paragraph (1);
and
``(B) each written response the Secretary submits under
paragraph (2).
``(i) Committee Personnel Matters.--A member of the Committee shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for an employee of an agency under subchapter I of
chapter 57 of title 5 while away from the home or regular place of
business of the member in the performance of the duties of the
Committee.
``(j) Consultation.--In carrying out this section, the Secretary
shall consult with veterans service organizations serving covered
veterans.
``(k) Termination.--The Committee shall terminate on the date that
is 10 years after the date of the enactment of this section.
``(l) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means--
``(A) the Committee on Veterans' Affairs of the House of
Representatives; and
``(B) the Committee on Veterans' Affairs of the Senate.
``(2) The term `Committee' means the Advisory Committee on
United States Outlying Areas and Freely Associated States
established under subsection (a).
``(3) The term `covered veteran' means a veteran residing in an
area specified in subsection (c)(2)(A).
``(4) The term `veterans service organization serving covered
veterans' means any organization that--
``(A) serves the interests of covered veterans;
``(B) has covered veterans in substantive and policymaking
positions within the organization; and
``(C) has demonstrated experience working with covered
veterans.''.
(b) Deadline for Establishment.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall establish the advisory committee required by section 548 of title
38, United States Code, as added by subsection (a) of this section.
(c) Deadline for Initial Appointments.--Not later than 90 days
after the date on which the Secretary establishes the advisory
committee required by such section 548, the members of such advisory
committee shall be appointed.
(d) Initial Meeting.--Not later than 180 days after the date on
which the Secretary establishes the advisory committee required by such
section 548, such advisory committee shall hold its first meeting.
Subtitle B--Studies and Reports
SEC. 5111. SECRETARY OF VETERANS AFFAIRS STUDY ON DISSEMINATION OF
INFORMATION ON DEPARTMENT OF VETERANS AFFAIRS HOME LOAN BENEFITS.
(a) Study.--The Secretary of Veterans Affairs shall conduct a study
to identify the means by which the Secretary informs lenders and
veterans about the availability of loans guaranteed by the Department
of Veterans Affairs under chapter 37 of title 38, United States Code,
for any purpose described in section 3710(a) of such title.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall--
(1) submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on the results of the study conducted
under subsection (a); and
(2) make such report publicly available on an appropriate
website of the Department of Veterans Affairs.
SEC. 5112. GAO STUDY ON POST-MARKET SURVEILLANCE OF MEDICAL DEVICES BY
DEPARTMENT OF VETERANS AFFAIRS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the efforts of the Under Secretary of Veterans
Affairs for Health relating to post-market surveillance of implantable
medical devices.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report on the findings of the study under subsection (a). Such
report shall include the following:
(1) A description of the process used by the Under Secretary of
Veterans Affairs for Health for documenting implantable medical
devices issued to patients.
(2) An evaluation of the capability of the Under Secretary of
Veterans Affairs for Health to identify, in a timely manner,
adverse events and safety issues relating to implantable medical
devices.
(3) An evaluation of the process for, and potential barriers
to, the Under Secretary of Veterans Affairs for Health notifying
patients of an implantable medical device recall.
(4) An evaluation of the accessibility of the adverse event
reporting systems of the Veterans Health Administration for
patients with disabilities.
(5) Recommendations to address gaps in such adverse event
reporting systems, to better identify adverse events and safety
issues from implantable medical devices.
SEC. 5113. DEPARTMENT OF VETERANS AFFAIRS REPORT ON SUPPORTIVE SERVICES
AND HOUSING INSECURITY.
Not later than one year after the date of the enactment of this
Act, the Secretary of Veterans Affairs, in coordination with the
Secretary of Housing and Urban Development and the Secretary of Labor,
shall submit to Congress a report on how often and what type of
supportive services (including career transition and mental health
services and services for elderly veterans) are being offered to and
used by veterans, and any correlation between a lack of supportive
services programs and the likelihood of veterans falling back into
housing insecurity. The Secretary of Veterans Affairs shall ensure that
any medical information included in the report is de-identified.
SEC. 5114. REPORT ON HANDLING OF CERTAIN RECORDS OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department of
Veterans Affairs, in coordination with the Secretary of Defense, shall
submit to Congress a report on the extent to which the procedures
outlined in provision M21-1 III.ii.2.F.1 of the Adjudication Procedures
Manual of the Department of Veterans Affairs, or any successor
document, are followed in assisting veterans obtain or reconstruct
service records or medical information damaged or destroyed in the fire
that occurred at the National Processing Records Center in St. Louis,
Missouri, in July of 1973.
(b) Elements.--The report under subsection (a) shall include the
following elements:
(1) The determination of the Inspector General as to whether
employees of the Department of Veterans Affairs receive sufficient
training on the procedures specified in such subsection.
(2) The determination of the Inspector General as to whether
veterans are informed of actions necessary to adhere to such
procedures.
(3) The percentage of cases regarding such service records and
medical information in which employees of the Department of
Veterans Affairs follow such procedures.
(4) The average duration of time to resolve an issue using such
procedures.
(5) Recommendations on how to improve the implementation of
such procedures.
Subtitle C--Other Matters
SEC. 5121. IMPROVED APPLICATION OF EMPLOYMENT AND REEMPLOYMENT RIGHTS
OF ALL MEMBERS OF UNIFORMED SERVICES.
(a) In General.--Paragraph (5) of section 4303 of title 38, United
States Code, is amended to read as follows:
``(5) The term `Federal executive agency'--
``(A) except as provided in subparagraph (B), includes--
``(i) the United States Postal Service;
``(ii) the Postal Regulatory Commission;
``(iii) any nonappropriated fund instrumentality of the
United States;
``(iv) any Executive agency (as defined in section 105
of title 5); and
``(v) any military department (as defined in section
102 of title 5) with respect to the civilian employees of
that department; and
``(B) does not include--
``(i) an agency referred to in section
2302(a)(2)(C)(ii) of title 5;
``(ii) the National Oceanic and Atmospheric
Administration with respect to members of the commissioned
officer corps of the National Oceanic and Atmospheric
Administration; or
``(iii) the Public Health Service with respect to
members of the Commissioned Corps of the Public Health
Service serving on active duty, active duty for training,
or inactive duty training.''.
(b) Technical Correction.--Paragraph (17) of such section is
amended by striking ``commissioned corps of the Public Health Service''
and inserting ``Commissioned Corps of the Public Health Service''.
SEC. 5122. COMPETITIVE PAY FOR HEALTH CARE PROVIDERS OF DEPARTMENT OF
VETERANS AFFAIRS.
Section 7451(c) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(4)(A) The director of each medical center of the Department
shall submit to the Secretary an annual locality pay survey and rates
of basic pay for covered positions at such medical center to ensure
that pay rates remain competitive in the local labor market.
``(B) Not less than once per fiscal year, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on rates of basic pay for
covered positions at medical centers of the Department.''.
SEC. 5123. DEFINITION OF LAND USE REVENUE UNDER WEST LOS ANGELES
LEASING ACT OF 2016.
Section 2(d)(2) of the West Los Angeles Leasing Act of 2016 (Public
Law 114-226) is amended--
(1) in subparagraph (A), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) to the extent specified in advance in an
appropriations Act for a fiscal year, any funds received as
compensation for an easement described in subsection (e);
and''.
SEC. 5124. TECHNICAL CORRECTIONS TO HONORING OUR PACT ACT OF 2022.
(a) Presumption of Service Connection for Certain Diseases
Associated With Exposure to Burn Pits and Other Toxins.--Section
1120(b)(2) of title 38, United States Code, is amended--
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) through (K) as
subparagraphs (G) through (J), respectively.
(b) Congressional Approval of Certain Medical Facility
Acquisitions.--Section 703(c)(5)(C) of the Honoring our PACT Act of
2022 (Public Law 117-168; 136 Stat. 1797) is amended to read as
follows:
``(C) by striking `or a major medical facility lease (as
defined in subsection (a)(3)(B))';''.
(c) Use of Competitive Procedures to Acquire Space for the Purpose
of Providing Health-care Resources to Veterans.--Section 8103(h)(1) of
title 38, United States Code, is amended by striking ``section 2304 of
title 10'' and inserting ``section 3301 of title 41''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Honoring our PACT Act of
2022 (Public Law 117-168).
SEC. 5125. IMPROVING PILOT PROGRAM ON ACCEPTANCE BY THE DEPARTMENT OF
VETERANS AFFAIRS OF DONATED FACILITIES AND RELATED IMPROVEMENTS.
(a) In General.--Section 2 of the Communities Helping Invest
through Property and Improvements Needed for Veterans Act of 2016
(Public Law 114-294; 38 U.S.C. 8103 note) is amended--
(1) in subsection (b)(1)(A), by inserting before the semicolon
the following: ``or for which funds are available from the
Construction, Minor Projects, or Construction, Major Projects
appropriations accounts'';
(2) in subsection (e)(1)--
(A) in subparagraph (A)--
(i) by striking ``The Secretary'' and inserting
``Except as otherwise provided in this paragraph, the
Secretary''; and
(ii) by inserting ``or funds already generally
available in the Construction, Minor Projects, or
Construction, Major Projects appropriations accounts''
after ``that are in addition to the funds appropriated for
the facility'';
(B) in subparagraph (B), by striking ``subparagraph (A)''
and inserting ``this paragraph'';
(C) by redesignating subparagraph (B) as subparagraph (F);
and
(D) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) Unobligated amounts.--The Secretary may provide
additional funds to help an entity described in subsection
(a)(2) finance, design, or construct a facility in connection
with real property and improvements to be donated under the
pilot program and proposed to be accepted by the Secretary
under subsection (b)(1)(B) if--
``(i) the Secretary determines that doing so is in the
best interest of the Department and consistent with the
mission of the Department; and
``(ii) funding provided under this subparagraph--
``(I) is in addition to amounts that have been
appropriated for the facility before the date on which
the Secretary and the entity enter into a formal
agreement under subsection (c) for the construction and
donation of the real property and improvements; and
``(II) is derived only from amounts that--
``(aa) are unobligated balances available in
the Construction, Minor Projects, or Construction,
Major Projects appropriations accounts of the
Department that--
``(AA) are not associated with a specific
project; or
``(BB) are amounts that are associated with
a specific project, but are unobligated because
they are the result of bid savings; and
``(bb) were appropriated to such an account
before the date described in subclause (I).
``(C) Escalation clauses.--
``(i) In general.--The Secretary may include an
escalation clause in a formal agreement under subsection
(c) that authorizes an escalation of not more than an
annual amount based on a rate established in the formal
agreement and mutually agreed upon by the Secretary and an
entity to account for inflation for an area if the
Secretary determines, after consultation with the head of
an appropriate Federal entity that is not part of the
Department, that such escalation is necessary and in the
best interest of the Department.
``(ii) Use of existing amounts.--The Secretary may
obligate funds pursuant to clause (i) in connection with a
formal agreement under subsection (c) using amounts that--
``(I) are unobligated balances available in the
Construction, Minor Projects, or Construction, Major
Projects appropriations accounts of the Department
that--
``(aa) are not associated with a specific
project; or
``(bb) are amounts that are associated with a
specific project, but are unobligated because they
are the result of bid savings; and
``(II) were appropriated to such an account before
the date on which the Secretary and the entity entered
into the formal agreement.
``(D) Availability.--Unobligated amounts shall be available
pursuant to subparagraphs (B) and (C) only to the extent and in
such amounts as provided in advance in appropriations Acts
subsequent to the date of the enactment of this subparagraph,
subject to subparagraph (E).
``(E) Limitation.--Unobligated amounts made available
pursuant to subparagraphs (B) and (C) may not exceed 40 percent
of the amount appropriated for the facility before the date on
which the Secretary and the entity entered into a formal
agreement under subsection (c).''; and
(3) in subsection (j)--
(A) by striking ``Rule'' and inserting ``Rules'';
(B) by striking ``Nothing in'' and inserting the following:
``(1) Entering arrangements and agreements.--Nothing in''; and
(C) by adding at the end the following new paragraph:
``(2) Treatment of assistance.--Nothing provided under this
section shall be treated as Federal financial assistance as defined
in section 200.40 of title 2, Code of Federal Regulations, as in
effect on February 21, 2021.''.
(b) Amendments to Existing Agreements.--Each agreement entered into
under section (2)(c) of such Act before the date of the enactment of
this Act that was in effect on the date of the enactment of this Act
may be amended to incorporate terms authorized by subparagraphs (B) and
(C) of section 2(e)(1) of such Act, as added by subsection (a)(2)(D) of
this section.
SEC. 5126. IMPROVEMENT OF VET CENTERS AT DEPARTMENT OF VETERANS
AFFAIRS.
(a) Productivity Expectations for Readjustment Counselors of Vet
Centers.--
(1) Evaluation of productivity expectations.--Not later than
one year after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall evaluate productivity expectations for
readjustment counselors of Vet Centers, including by obtaining
systematic feedback from counselors on such expectations, including
with respect to following:
(A) Any potential effects of productivity expectations,
whether positive or negative, on client care and the welfare of
readjustment counselors.
(B) Distances readjustment counselors may travel to
appointments, especially with respect to serving rural
veterans.
(C) The possibility that some veterans may not want to use
nor benefit from telehealth or group counseling.
(D) Availability and access of veteran populations to
broadband and telehealth.
(E) Any effect of productivity expectations on readjustment
counselors, including with respect to recruitment, retention,
and welfare.
(F) Whether productivity expectations provide incentives or
pressure to inaccurately report client visits.
(G) Whether directors and readjustment counselors of Vet
Centers need additional training or guidance on how
productivity expectations are calculated.
(H) Such other criteria as the Secretary considers
appropriate.
(2) Systematic feedback.--
(A) In general.--The Secretary shall--
(i) make every effort to ensure that all readjustment
counselors of Vet Centers are given the opportunity to
fully provide feedback, positive or negative, including
through a survey containing open- and close-ended
questions, on all items under paragraph (1);
(ii) in obtaining feedback under paragraph (1), ensure
that the items under paragraph (1) are adequately and
completely addressed in a way that permits responses to be
relevant to the evaluation of productivity expectations;
(iii) collect and safely store the feedback obtained
under paragraph (1)--
(I) in an electronic database that cannot be
altered by any party;
(II) in an anonymized manner, in order to protect
the privacy of each respondent; and
(III) in a manner that allows for evaluation by
third parties of the feedback, such as audit of the
feedback by the Government Accountability Office; and
(iv) provide the feedback obtained under paragraph (1)
in an anonymized manner to the working group established
under subsection (c).
(B) Government accountability office audit.--Not less
frequently than once each year during the five-year period
beginning on the date of the enactment of this Act, the
Comptroller General of the United States shall audit the
feedback obtained from readjustment counselors of Vet Centers
under paragraph (1).
(3) Implementation of changes.--Not later than 90 days after
the date of the completion of the evaluation required by paragraph
(1), the Secretary shall implement any needed changes to the
productivity expectations described in such paragraph in order to
ensure--
(A) quality of care and access to care for veterans; and
(B) the welfare of readjustment counselors.
(4) Report to congress.--Not later than 180 days after the date
of the completion of the evaluation required by paragraph (1), the
Secretary shall submit to Congress a report on--
(A) the findings of the evaluation; and
(B) any planned or implemented changes described in
paragraph (3).
(5) Plan for reassessment and implementation.--
(A) Plan.--Not later than one year after the date of the
enactment of this Act, the Secretary shall develop and
implement a plan for--
(i) reassessing productivity expectations for
readjustment counselors of Vet Centers, in consultation
with such counselors; and
(ii) implementing any needed changes to such
expectations, as the Secretary determines appropriate.
(B) Reassessments.--Under the plan required by subparagraph
(A), the Secretary shall conduct a reassessment described in
such paragraph not less frequently than once each year.
(b) Staffing Model for Vet Centers.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
develop and implement a staffing model for Vet Centers that
incorporates key practices in the design of such staffing model.
(2) Elements.--In developing the staffing model under paragraph
(1), the Secretary shall--
(A) involve key stakeholders, including readjustment
counselors, outreach specialists, and directors of Vet Centers;
(B) incorporate key work activities and the frequency and
time required to conduct such activities;
(C) ensure the data used in the model is high quality to
provide assurance that staffing estimates are reliable; and
(D) incorporate--
(i) risk factors, including case complexity;
(ii) geography;
(iii) availability, advisability, and willingness of
veterans to use telehealth or group counseling; and
(iv) such other factors as the Secretary considers
appropriate.
(3) Plan for assessments and updates.--Not later than one year
after the date of the enactment of this Act, the Secretary shall
develop a plan for--
(A) assessing and updating the staffing model developed and
implemented under paragraph (1) not less frequently than once
every four years; and
(B) implementing any needed changes to such model, as the
Secretary determines appropriate.
(c) Working Group of Readjustment Counselors, Outreach Specialists,
and Directors of Vet Centers.--
(1) In general.--In conducting the evaluation of productivity
expectations under subsection (a) (1) and developing the staffing
model for Vet Centers under subsection (b)(1), the Secretary of
Veterans Affairs shall establish a working group to assess--
(A) the efficacy, impact, and composition of performance
metrics for such expectations with respect to--
(i) quality of care and access to care for veterans;
and
(ii) the welfare of readjustment counselors and other
employees of Vet Centers; and
(B) key considerations for the development of such staffing
model, including with respect to--
(i) quality of care and access to care for veterans and
other individuals eligible for care through Vet Centers;
and
(ii) recruitment, retention, and welfare of employees
of Vet Centers.
(2) Membership.--The working group established under paragraph
(1) shall be composed of readjustment counselors, outreach
specialists, and directors of Vet Centers.
(3) Feedback and recommendations.--The working group
established under paragraph (1) shall provide to the Secretary--
(A) feedback from readjustment counselors, outreach
specialists, and directors of Vet Centers; and
(B) recommendations on how to improve--
(i) quality of care and access to care for veterans;
and
(ii) the welfare of readjustment counselors and other
employees of Vet Centers.
(d) Improvements of Hiring Practices at Vet Centers.--
(1) Standardization of position descriptions.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall standardize descriptions of position responsibilities at
Vet Centers.
(B) Reporting requirement.--In each of the first two annual
reports submitted under section 7309(e) of title 38, United
States Code, after the date of the enactment of this Act, the
Secretary shall include a description of the actions taken by
the Secretary to carry out subparagraph (A).
(2) Expansion of reporting requirements on readjustment
counseling to include actions to reduce staffing vacancies and time
to hire.--Section 7309(e)(2) of title 38, United States Code, is
amended by adding at the end the following new subparagraph:
``(D) A description of actions taken by the Secretary to
reduce--
``(i) vacancies in counselor positions in the Readjustment
Counseling Service; and
``(ii) the time it takes to hire such counselors.''.
(e) Report by Government Accountability Office on Vet Center
Infrastructure and Future Investments.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on physical infrastructure and
future investments with respect to Vet Centers.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of--
(i) the condition of the physical infrastructure of all
assets of Vet Centers, whether owned or leased by the
Department of Veterans Affairs; and
(ii) the short-, medium-, and long-term plans of the
Department to maintain and upgrade the physical
infrastructure of Vet Centers to address the operational
needs of Vet Centers as of the date of the submittal of the
report and future needs.
(B) An assessment of management and strategic planning for
the physical infrastructure of Vet Centers, including whether
the Department should buy or lease existing or additional
locations in areas with stable or growing populations of
veterans.
(C) An assessment of whether, as of the date of the
submittal of the report, Vet Center buildings, mobile Vet
Centers, community access points, and similar infrastructure
are sufficient to care for veterans or if such infrastructure
is negatively affecting care due to limited space for veterans
and Vet Center personnel or other factors.
(D) An assessment of the areas with the greatest need for
investments in--
(i) improved physical infrastructure, including
upgraded Vet Centers; or
(ii) additional physical infrastructure for Vet
Centers, including new Vet Centers owned or leased by the
Department.
(E) A description of the authorities and resources that may
be required for the Secretary to make such investments.
(F) A review of all annual reports submitted under 7309(e)
of title 38, United States Code, before the date of the
submittal of the report under paragraph (1).
(f) Pilot Program to Combat Food Insecurity Among Veterans and
Family Members of Veterans.--
(1) In general.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
establish a pilot program to award grants to eligible entities to
support partnerships that address food insecurity among veterans
and family members of veterans who receive services through Vet
Centers or other facilities of the Department as determined by the
Secretary.
(2) Duration of pilot.--The Secretary shall carry out the pilot
program for a three-year period beginning on the date of the
establishment of the pilot program.
(3) Training and technical assistance.--The Secretary may
provide eligible entities receiving grant funding under the pilot
program with training and technical assistance on the provision of
food insecurity assistance services to veterans and family members
of veterans.
(4) Eligible entities.--For purposes of the pilot program, an
eligible entity is--
(A) a nonprofit organization;
(B) an organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code;
(C) a public agency;
(D) a community-based organization; or
(E) an institution of higher education.
(5) Application.--An eligible entity seeking a grant under the
pilot program shall submit to the Secretary an application therefor
at such time, in such manner, and containing such information and
commitments as the Secretary may require.
(6) Selection.--The Secretary shall select eligible entities
that submit applications under paragraph (5) for the award of
grants under the pilot program using a competitive process that
takes into account the following:
(A) Capacity of the applicant entity to serve veterans and
family members of veterans.
(B) Demonstrated need of the population the applicant
entity would serve.
(C) Demonstrated need of the applicant entity for
assistance from the grant.
(D) Such other criteria as the Secretary considers
appropriate.
(7) Distribution.--The Secretary shall ensure, to the extent
practicable, an equitable geographic distribution of grants awarded
under this subsection.
(8) Minimum program requirements.--Any grant awarded under this
subsection shall be used--
(A) to coordinate with the Secretary with respect to the
provision of assistance to address food insecurity among
veterans and family members of veterans described in paragraph
(1);
(B) to increase participation in nutrition counseling
programs and provide educational materials and counseling to
veterans and family members of veterans to address food
insecurity and healthy diets among those individuals;
(C) to increase access to and enrollment in Federal
assistance programs, including the supplemental nutrition
assistance program under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), the special supplemental nutrition
program for women, infants, and children established by section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), the
low-income home energy assistance program established under the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621
et seq.), and any other assistance program that the Secretary
considers advisable; and
(D) to fulfill such other criteria as the Secretary
considers appropriate to further the purpose of the grant and
serve veterans.
(9) Provision of information.--Each entity that receives a
grant under this subsection shall provide to the Secretary, at
least once each year during the duration of the grant term, data
on--
(A) the number of veterans and family members of veterans
screened for, and enrolled in, programs described in
subparagraphs (B) and (C) of paragraph (8);
(B) other services provided by the entity to veterans and
family members of veterans using funds from the grant; and
(C) such other data as the Secretary may require.
(10) Report on data collected.--For each year of operation of
the pilot program, the Secretary shall submit to the appropriate
committees of Congress a report on the data collected under
paragraph (9) during such year.
(11) Government accountability office report.--
(A) In general.--Not later than one year after the date on
which the pilot program terminates, the Comptroller General of
the United States shall submit to Congress a report evaluating
the effectiveness and outcomes of the activities carried out
under this subsection in reducing food insecurity among
veterans and family members of veterans.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) A summary of the activities carried out under this
subsection.
(ii) An assessment of the effectiveness and outcomes of
the grants awarded under this subsection, including with
respect to eligibility screening contacts, application
assistance consultations, and changes in food insecurity
among the population served by the grant.
(iii) Best practices regarding the use of partnerships
to improve the effectiveness and outcomes of public benefit
programs to address food insecurity among veterans and
family members of veterans.
(iv) An assessment of the feasibility and advisability
of making the pilot program permanent and expanding to
other locations.
(12) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out the pilot program established under paragraph (1)
$15,000,000 for each fiscal year in which the program is
carried out, beginning with the fiscal year in which the
program is established.
(B) Administrative expenses.--Of the amounts authorized to
be appropriated under subparagraph (A), not more than ten
percent may be used for administrative expenses of the
Department of Veterans Affairs associated with administering
grants under this subsection.
(13) Definitions.--In this subsection:
(A) The term ``appropriate committees of Congress'' means--
(i) the Committee on Veterans' Affairs, the Committee
on Appropriations, and the Committee on Agriculture,
Nutrition, and Forestry of the Senate; and
(ii) the Committee on Veterans' Affairs, the Committee
on Appropriations, and the Committee on Agriculture of the
House of Representatives.
(B) The term ``facilities of the Department'' has the
meaning given that term in section 1701(3) of title 38, United
States Code.
(C) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(D) The term ``public agency'' means a department, agency,
other unit, or instrumentality of Federal, State, Tribal, or
local government.
(E) The term ``State'' has the meaning given that term in
section 101(20) of title 38, United States Code.
(F) The term ``veteran'' means an individual who served in
the Armed Forces, including an individual who served in a
reserve component of the Armed Forces, and who was discharged
or released therefrom, regardless of the conditions of such
discharge or release.
(g) Definition of Vet Center.--In this section, the term ``Vet
Center'' has the meaning given that term in section 1712A(h) of title
38, United States Code.
SEC. 5127. INFORMATION ON CERTAIN VETERANS WITH PRIOR MEDICAL
OCCUPATIONS; PROGRAM ON INTERMEDIATE CARE TECHNICIANS OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Update of Web Portal to Identify Certain Veterans.--
(1) Update.--The Secretary of Veterans Affairs shall update web
portals of the Department of Veterans Affairs to provide for a
method by which a veteran who served in a medical occupation while
serving as a member of the Armed Forces may elect to provide the
information described in paragraph (2).
(2) Information in portal.--The information described in this
paragraph is the following:
(A) Contact information for the veteran.
(B) A history of the medical experience and trained
competencies of the veteran.
(3) Inclusions in history.--To the extent practicable, the
history of a veteran provided under paragraph (2)(B) shall include
individual critical task lists specific to the military
occupational specialty of the veteran that align with standard
occupational codes maintained by the Commissioner of the Bureau of
Labor Statistics.
(4) Sharing of information.--For purposes of facilitating
civilian medical credentialing and hiring opportunities for
veterans seeking to respond to a national emergency, including a
public health emergency declared by the Secretary of Health and
Human Services under section 319 of the Public Health Service Act
(42 U.S.C. 247d), the Secretary of Veterans Affairs, in
coordination with the Secretary of Defense and the Secretary of
Labor, shall establish a program to share the information described
in paragraph (2) with the following:
(A) State departments of veterans affairs.
(B) Veterans service organizations.
(C) State credentialing bodies.
(D) State homes.
(E) Other stakeholders involved in State-level
credentialing, as determined appropriate by the Secretary of
Veterans Affairs.
(b) Program on Training of Intermediate Care Technicians of
Department of Veterans Affairs.--
(1) Establishment.--The Secretary of Veterans Affairs shall
establish a program to train, certify, and employ covered veterans
as intermediate care technicians of the Department of Veterans
Affairs.
(2) Locations.--The Secretary of Veterans Affairs may assign an
intermediate care technician of the Department of Veterans Affairs
trained under the program under paragraph (1) to any medical center
of the Department of Veterans Affairs, giving priority to locations
with a significant staffing shortage.
(3) Inclusion of information in transition assistance
program.--As part of the Transition Assistance Program under
sections 1142 and 1144 of title 10, United States Code, the
Secretary of Veterans Affairs shall conduct a communications
campaign to convey to appropriate members of the Armed Forces
separating from active duty opportunities for training,
certification, and employment under the program under paragraph
(1).
(4) Report on expansion of program.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the Committees on Veterans'
Affairs of the House of Representatives and the Senate a report on
whether the program under paragraph (1) may be replicated for other
medical positions within the Department of Veterans Affairs.
(c) Notification of Opportunities for Veterans.--The Secretary of
Veterans Affairs shall notify veterans service organizations and, in
coordination with the Secretary of Defense, members of the reserve
components of the Armed Forces of opportunities for veterans under this
section.
(d) Definitions.--In this section:
(1) The term ``covered veteran'' means a veteran whom the
Secretary of Veterans Affairs determines served as a basic health
care technician while serving in the Armed Forces.
(2) The terms ``State home'' and ``veteran'' have the meanings
given those terms in section 101 of title 38, United States Code.
(3) The term ``veterans service organization'' means an
organization that provides services to veterans, including
organizations recognized by the Secretary of Veterans Affairs under
section 5902 of title 38, United States Code.
TITLE LII--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS
Subtitle A--Inspector General Independence
Sec. 5201. Short title.
Sec. 5202. Removal or transfer of Inspectors General; placement on non-
duty status.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
Subtitle B--Presidential Explanation of Failure to Nominate an Inspector
General
Sec. 5221. Presidential explanation of failure to nominate an Inspector
General.
Subtitle C--Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
Sec. 5231. Short title.
Sec. 5232. Additional information to be included in requests and reports
to Congress.
Sec. 5233. Availability of information to Congress on certain
allegations of wrongdoing closed without referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of
establishments by the Integrity Committee.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
Sec. 5241. Notice of ongoing investigations when there is a change in
status of Inspector General.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
Sec. 5251. CIGIE report on expenditures.
Subtitle F--Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to
Inspectors General.
Subtitle G--Training Resources for Inspectors General and Other Matters
Sec. 5271. Training resources for Inspectors General.
Sec. 5272. Definition of appropriate congressional committees.
Sec. 5273. Semiannual reports.
Sec. 5274. Submission of reports that specifically identify non-
governmental organizations or business entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of
evacuees from Afghanistan and the Afghanistan special
immigrant visa program.
Subtitle A--Inspector General Independence
SEC. 5201. SHORT TITLE.
This subtitle may be cited as the ``Securing Inspector General
Independence Act of 2022''.
SEC. 5202. REMOVAL OR TRANSFER OF INSPECTORS GENERAL; PLACEMENT ON NON-
DUTY STATUS.
(a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in section 3(b)--
(A) by inserting ``(1)(A)'' after ``(b)'';
(B) in paragraph (1), as so designated--
(i) in subparagraph (A), as so designated, in the
second sentence--
(I) by striking ``reasons'' and inserting the
following: ``substantive rationale, including detailed
and case-specific reasons,''; and
(II) by inserting ``(including to the appropriate
congressional committees)'' after ``Houses of
Congress''; and
(ii) by adding at the end the following:
``(B) If there is an open or completed inquiry into an
Inspector General that relates to the removal or transfer of
the Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is conducting, or that
conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.''; and
(C) by adding at the end the following:
``(2)(A) Subject to the other provisions of this paragraph,
only the President may place an Inspector General on non-duty
status.
``(B) If the President places an Inspector General on non-duty
status, the President shall communicate in writing the substantive
rationale, including detailed and case-specific reasons, for the
change in status to both Houses of Congress (including to the
appropriate congressional committees) not later than 15 days before
the date on which the change in status takes effect, except that
the President may submit that communication not later than the date
on which the change in status takes effect if--
``(i) the President has made a determination that the
continued presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through (iv) of
section 6329b(b)(2)(A) of title 5, United States Code; and
``(ii) in the communication, the President includes a
report on the determination described in clause (i), which
shall include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the
President has determined applies under clause (i) of this
subparagraph;
``(II) the substantive rationale, including detailed
and case-specific reasons, for the determination made under
clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which the
determination under clause (i) was made; and
``(IV) in the case of an inquiry described in subclause
(III) that is completed, the findings made during that
inquiry.
``(C) The President may not place an Inspector General on non-
duty status during the 30-day period preceding the date on which
the Inspector General is removed or transferred under paragraph
(1)(A) unless the President--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in
status takes effect, submits to both Houses of Congress
(including to the appropriate congressional committees) a
written communication that contains the information required
under subparagraph (B), including the report required under
clause (ii) of that subparagraph.
``(D) For the purposes of this paragraph--
``(i) the term `Inspector General'--
``(I) means an Inspector General who was appointed by
the President, without regard to whether the Senate
provided advice and consent with respect to that
appointment; and
``(II) includes the Inspector General of an
establishment, the Special Inspector General for
Afghanistan Reconstruction, the Special Inspector General
for the Troubled Asset Relief Program, and the Special
Inspector General for Pandemic Recovery; and
``(ii) a reference to the removal or transfer of an
Inspector General under paragraph (1), or to the written
communication described in that paragraph, shall be considered
to be--
``(I) in the case of the Special Inspector General for
Afghanistan Reconstruction, a reference to section
1229(c)(6) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 378);
``(II) in the case of the Special Inspector General for
the Troubled Asset Relief Program, a reference to section
121(b)(4) of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5231(b)(4)); and
``(III) in the case of the Special Inspector General
for Pandemic Recovery, a reference to section 4018(b)(3) of
the CARES Act (15 U.S.C. 9053(b)(3)).'';
(2) in section 8G(e)--
(A) in paragraph (1), by inserting ``or placement on non-
duty status'' after ``a removal'';
(B) in paragraph (2)--
(i) by inserting ``(A)'' after ``(2)'';
(ii) in subparagraph (A), as so designated, in the
first sentence--
(I) by striking ``reasons'' and inserting the
following: ``substantive rationale, including detailed
and case-specific reasons,''; and
(II) by inserting ``(including to the appropriate
congressional committees)'' after ``Houses of
Congress''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into an
Inspector General that relates to the removal or transfer of
the Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is conducting, or that
conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.''; and
(C) by adding at the end the following:
``(3)(A) Subject to the other provisions of this paragraph,
only the head of the applicable designated Federal entity (referred
to in this paragraph as the `covered official') may place an
Inspector General on non-duty status.
``(B) If a covered official places an Inspector General on non-
duty status, the covered official shall communicate in writing the
substantive rationale, including detailed and case-specific
reasons, for the change in status to both Houses of Congress
(including to the appropriate congressional committees) not later
than 15 days before the date on which the change in status takes
effect, except that the covered official may submit that
communication not later than the date on which the change in status
takes effect if--
``(i) the covered official has made a determination that
the continued presence of the Inspector General in the
workplace poses a threat described in any of clauses (i)
through (iv) of section 6329b(b)(2)(A) of title 5, United
States Code; and
``(ii) in the communication, the covered official includes
a report on the determination described in clause (i), which
shall include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the covered
official has determined applies under clause (i) of this
subparagraph;
``(II) the substantive rationale, including detailed
and case-specific reasons, for the determination made under
clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which the
determination under clause (i) was made; and
``(IV) in the case of an inquiry described in subclause
(III) that is completed, the findings made during that
inquiry.
``(C) A covered official may not place an Inspector General on
non-duty status during the 30-day period preceding the date on
which the Inspector General is removed or transferred under
paragraph (2)(A) unless the covered official--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in
status takes effect, submits to both Houses of Congress
(including to the appropriate congressional committees) a
written communication that contains the information required
under subparagraph (B), including the report required under
clause (ii) of that subparagraph.
``(D) Nothing in this paragraph may be construed to limit or
otherwise modify--
``(i) any statutory protection that is afforded to an
Inspector General; or
``(ii) any other action that a covered official may take
under law with respect to an Inspector General.'';
(3) in section 103H(c) of the National Security Act (50 U.S.C.
3033(c))--
(A) in paragraph (4)--
(i) by inserting ``(A)'' after ``(4)'';
(ii) in subparagraph (A), as so designated, in the
second sentence, by striking ``reasons'' and inserting
``substantive rationale, including detailed and case-
specific reasons,''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into the
Inspector General that relates to the removal or transfer of the
Inspector General under subparagraph (A), the written communication
required under that subparagraph shall--
``(i) identify each entity that is conducting, or that
conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.''; and
(B) by adding at the end the following:
``(5)(A) Subject to the other provisions of this paragraph,
only the President may place the Inspector General on nonduty
status.
``(B) If the President places the Inspector General on nonduty
status, the President shall communicate in writing the substantive
rationale, including detailed and case-specific reasons, for the
change in status to the congressional intelligence committees not
later than 15 days before the date on which the change in status
takes effect, except that the President may submit that
communication not later than the date on which the change in status
takes effect if--
``(i) the President has made a determination that the
continued presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through (iv) of
section 6329b(b)(2)(A) of title 5, United States Code; and
``(ii) in the communication, the President includes a
report on the determination described in clause (i), which
shall include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the
President has determined applies under clause (i);
``(II) the substantive rationale, including detailed
and case-specific reasons, for the determination made under
clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which the
determination under clause (i) was made; and
``(IV) in the case of an inquiry described in subclause
(III) that is completed, the findings made during that
inquiry.
``(C) The President may not place the Inspector General on
nonduty status during the 30-day period preceding the date on which
the Inspector General is removed or transferred under paragraph
(4)(A) unless the President--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in
status takes effect, submits to the congressional intelligence
committees a written communication that contains the
information required under subparagraph (B), including the
report required under clause (ii) of that subparagraph.''; and
(4) in section 17(b) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3517(b))--
(A) in paragraph (6)--
(i) by inserting ``(A)'' after ``(6)'';
(ii) in subparagraph (A), as so designated, in the
second sentence, by striking ``reasons'' and inserting
``substantive rationale, including detailed and case-
specific reasons,''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into the
Inspector General that relates to the removal or transfer of the
Inspector General under subparagraph (A), the written communication
required under that subparagraph shall--
``(i) identify each entity that is conducting, or that
conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.''; and
(B) by adding at the end the following:
``(7)(A) Subject to the other provisions of this paragraph,
only the President may place the Inspector General on nonduty
status.
``(B) If the President places the Inspector General on nonduty
status, the President shall communicate in writing the substantive
rationale, including detailed and case-specific reasons, for the
change in status to the congressional intelligence committees not
later than 15 days before the date on which the change in status
takes effect, except that the President may submit that
communication not later than the date on which the change in status
takes effect if--
``(i) the President has made a determination that the
continued presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through (iv) of
section 6329b(b)(2)(A) of title 5, United States Code; and
``(ii) in the communication, the President includes a
report on the determination described in clause (i), which
shall include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the
President has determined applies under clause (i);
``(II) the substantive rationale, including detailed
and case-specific reasons, for the determination made under
clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which the
determination under clause (i) was made; and
``(IV) in the case of an inquiry described in subclause
(III) that is completed, the findings made during that
inquiry.
``(C) The President may not place the Inspector General on non-
duty status during the 30-day period preceding the date on which
the Inspector General is removed or transferred under paragraph
(6)(A) unless the President--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in
status takes effect, submits to the congressional intelligence
committees a written communication that contains the
information required under subparagraph (B), including the
report required under clause (ii) of that subparagraph.''.
(b) Technical and Conforming Amendment.--Section 12(3) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting
``except as otherwise expressly provided,'' before ``the term''.
SEC. 5203. VACANCY IN POSITION OF INSPECTOR GENERAL.
(a) In General.--Section 3 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(h)(1) In this subsection--
``(A) the term `first assistant to the position of Inspector
General' means, with respect to an Office of Inspector General--
``(i) an individual who, as of the day before the date on
which the Inspector General dies, resigns, or otherwise becomes
unable to perform the functions and duties of that position--
``(I) is serving in a position in that Office; and
``(II) has been designated in writing by the Inspector
General, through an order of succession or otherwise, as
the first assistant to the position of Inspector General;
or
``(ii) if the Inspector General has not made a designation
described in clause (i)(II)--
``(I) the Principal Deputy Inspector General of that
Office, as of the day before the date on which the
Inspector General dies, resigns, or otherwise becomes
unable to perform the functions and duties of that
position; or
``(II) if there is no Principal Deputy Inspector
General of that Office, the Deputy Inspector General of
that Office, as of the day before the date on which the
Inspector General dies, resigns, or otherwise becomes
unable to perform the functions and duties of that
position; and
``(B) the term `Inspector General'--
``(i) means an Inspector General who is appointed by the
President, by and with the advice and consent of the Senate;
and
``(ii) includes the Inspector General of an establishment,
the Special Inspector General for the Troubled Asset Relief
Program, and the Special Inspector General for Pandemic
Recovery.
``(2) If an Inspector General dies, resigns, or is otherwise unable
to perform the functions and duties of the position--
``(A) section 3345(a) of title 5, United States Code, and
section 103(e) of the National Security Act of 1947 (50 U.S.C.
3025(e)) shall not apply;
``(B) subject to paragraph (4), the first assistant to the
position of Inspector General shall perform the functions and
duties of the Inspector General temporarily in an acting capacity
subject to the time limitations of section 3346 of title 5, United
States Code; and
``(C) notwithstanding subparagraph (B), and subject to
paragraphs (4) and (5), the President (and only the President) may
direct an officer or employee of any Office of an Inspector General
to perform the functions and duties of the Inspector General
temporarily in an acting capacity subject to the time limitations
of section 3346 of title 5, United States Code, only if--
``(i) during the 365-day period preceding the date of
death, resignation, or beginning of inability to serve of the
Inspector General, the officer or employee served in a position
in an Office of an Inspector General for not less than 90 days,
except that--
``(I) the requirement under this clause shall not apply
if the officer is an Inspector General; and
``(II) for the purposes of this subparagraph,
performing the functions and duties of an Inspector General
temporarily in an acting capacity does not qualify as
service in a position in an Office of an Inspector General;
``(ii) the rate of pay for the position of the officer or
employee described in clause (i) is equal to or greater than
the minimum rate of pay payable for a position at GS-15 of the
General Schedule;
``(iii) the officer or employee has demonstrated ability in
accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations; and
``(iv) not later than 30 days before the date on which the
direction takes effect, the President communicates in writing
to both Houses of Congress (including to the appropriate
congressional committees) the substantive rationale, including
the detailed and case-specific reasons, for such direction,
including the reason for the direction that someone other than
the individual who is performing the functions and duties of
the Inspector General temporarily in an acting capacity (as of
the date on which the President issues that direction) perform
those functions and duties temporarily in an acting capacity.
``(3) Notwithstanding section 3345(a) of title 5, United States
Code, and subparagraphs (B) and (C) of paragraph (2), and subject to
paragraph (4), during any period in which an Inspector General is on
non-duty status--
``(A) the first assistant to the position of Inspector General
shall perform the functions and duties of the position temporarily
in an acting capacity subject to the time limitations of section
3346 of title 5, United States Code; and
``(B) if the first assistant described in subparagraph (A)
dies, resigns, or becomes otherwise unable to perform those
functions and duties, the President (and only the President) may
direct an officer or employee in that Office of Inspector General
to perform those functions and duties temporarily in an acting
capacity, subject to the time limitations of section 3346 of title
5, United States Code, if--
``(i) that direction satisfies the requirements under
clauses (ii), (iii), and (iv) of paragraph (2)(C); and
``(ii) that officer or employee served in a position in
that Office of Inspector General for not fewer than 90 of the
365 days preceding the date on which the President makes that
direction.
``(4) An individual may perform the functions and duties of an
Inspector General temporarily and in an acting capacity under
subparagraph (B) or (C) of paragraph (2), or under paragraph (3), with
respect to only 1 Inspector General position at any given time.
``(5) If the President makes a direction under paragraph (2)(C),
during the 30-day period preceding the date on which the direction of
the President takes effect, the functions and duties of the position of
the applicable Inspector General shall be performed by--
``(A) the first assistant to the position of Inspector General;
or
``(B) the individual performing those functions and duties
temporarily in an acting capacity, as of the date on which the
President issues that direction, if that individual is an
individual other than the first assistant to the position of
Inspector General.''.
(b) Amendment to National Security Act.--Section 103H(c) of the
National Security Act (50 U.S.C. 3033(c)), as amended by section 5202,
is further amended by adding at the end the following:
``(6)(A) In this subsection, the term `first assistant to the
position of Inspector General' has the meaning given in section 3
of the Inspector General Act of 1978 (5 U.S.C. App.).
``(B) If the Inspector General dies, resigns, or is otherwise
unable to perform the functions and duties of the position--
``(i) section 3345(a) of title 5, United States Code, and
section 103(e) of the National Security Act of 1947 (50 U.S.C.
3025(e)) shall not apply;
``(ii) subject to subparagraph (D), the first assistant to
the position of Inspector General shall perform the functions
and duties of the Inspector General temporarily in an acting
capacity subject to the time limitations of section 3346 of
title 5, United States Code; and
``(iii) notwithstanding clause (ii), and subject to
subparagraphs (D) and (E), the President (and only the
President) may direct an officer or employee of any Office of
an Inspector General to perform the functions and duties of the
Inspector General temporarily in an acting capacity subject to
the time limitations of section 3346 of title 5, United States
Code, only if--
``(I) during the 365-day period preceding the date of
death, resignation, or beginning of inability to serve of
the Inspector General, the officer or employee served in a
position in an Office of an Inspector General for not less
than 90 days, except that--
``(aa) the requirement under this subclause shall
not apply if the officer is an Inspector General; and
``(bb) for the purposes of this clause, performing
the functions and duties of an Inspector General
temporarily in an acting capacity does not qualify as
service in a position in an Office of an Inspector
General;
``(II) the rate of pay for the position of the officer
or employee described in subclause (I) is equal to or
greater than the minimum rate of pay payable for a position
at GS-15 of the General Schedule;
``(III) the officer or employee has demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or
investigations; and
``(IV) not later than 30 days before the date on which
the direction takes effect, the President communicates in
writing to the congressional intelligence committees the
substantive rationale, including the detailed and case-
specific reasons, for such direction, including the reason
for the direction that someone other than the individual
who is performing the functions and duties of the Inspector
General temporarily in an acting capacity (as of the date
on which the President issues that direction) perform those
functions and duties temporarily in an acting capacity.
``(C) Notwithstanding section 3345(a) of title 5, United States
Code, section 103(e) of the National Security Act of 1947 (50
U.S.C. 3025(e)), and clauses (ii) and (iii) of subparagraph (B),
and subject to subparagraph (D), during any period in which the
Inspector General is on nonduty status--
``(i) the first assistant to the position of Inspector
General shall perform the functions and duties of the position
temporarily in an acting capacity subject to the time
limitations of section 3346 of title 5, United States Code; and
``(ii) if the first assistant described in clause (i) dies,
resigns, or becomes otherwise unable to perform those functions
and duties, the President (and only the President) may direct
an officer or employee in the Office of Inspector General to
perform those functions and duties temporarily in an acting
capacity, subject to the time limitations of section 3346 of
title 5, United States Code, if--
``(I) that direction satisfies the requirements under
subclauses (II), (III), and (IV) of subparagraph (B)(iii);
and
``(II) that officer or employee served in a position in
that Office of Inspector General for not fewer than 90 of
the 365 days preceding the date on which the President
makes that direction.
``(D) An individual may perform the functions and duties of the
Inspector General temporarily and in an acting capacity under
clause (ii) or (iii) of subparagraph (B), or under subparagraph
(C), with respect to only 1 Inspector General position at any given
time.
``(E) If the President makes a direction under subparagraph
(B)(iii), during the 30-day period preceding the date on which the
direction of the President takes effect, the functions and duties
of the position of the Inspector General shall be performed by--
``(i) the first assistant to the position of Inspector
General; or
``(ii) the individual performing those functions and duties
temporarily in an acting capacity, as of the date on which the
President issues that direction, if that individual is an
individual other than the first assistant to the position of
Inspector General.''.
(c) Amendment to Central Intelligence Agency Act.--Section 17(b) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)), as
amended by section 5202, is further amended by adding at the end the
following:
``(8)(A) In this subsection, the term `first assistant to the
position of Inspector General' has the meaning given in section 3
of the Inspector General Act of 1978 (5 U.S.C. App.).
``(B) If the Inspector General dies, resigns, or is otherwise
unable to perform the functions and duties of the position--
``(i) section 3345(a) of title 5, United States Code shall
not apply;
``(ii) subject to subparagraph (D), the first assistant to
the position of Inspector General shall perform the functions
and duties of the Inspector General temporarily in an acting
capacity subject to the time limitations of section 3346 of
title 5, United States Code; and
``(iii) notwithstanding clause (ii), and subject to
subparagraphs (D) and (E), the President (and only the
President) may direct an officer or employee of any Office of
an Inspector General to perform the functions and duties of the
Inspector General temporarily in an acting capacity subject to
the time limitations of section 3346 of title 5, United States
Code, only if--
``(I) during the 365-day period preceding the date of
death, resignation, or beginning of inability to serve of
the Inspector General, the officer or employee served in a
position in an Office of an Inspector General for not less
than 90 days, except that--
``(aa) the requirement under this subclause shall
not apply if the officer is an Inspector General; and
``(bb) for the purposes of this clause, performing
the functions and duties of an Inspector General
temporarily in an acting capacity does not qualify as
service in a position in an Office of an Inspector
General;
``(II) the rate of pay for the position of the officer
or employee described in subclause (I) is equal to or
greater than the minimum rate of pay payable for a position
at GS-15 of the General Schedule;
``(III) the officer or employee has demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or
investigations; and
``(IV) not later than 30 days before the date on which
the direction takes effect, the President communicates in
writing to the congressional intelligence committees the
substantive rationale, including the detailed and case-
specific reasons, for such direction, including the reason
for the direction that someone other than the individual
who is performing the functions and duties of the Inspector
General temporarily in an acting capacity (as of the date
on which the President issues that direction) perform those
functions and duties temporarily in an acting capacity.
``(C) Notwithstanding section 3345(a) of title 5, United States
Code and clauses (ii) and (iii) of subparagraph (B), and subject to
subparagraph (D), during any period in which the Inspector General
is on nonduty status--
``(i) the first assistant to the position of Inspector
General shall perform the functions and duties of the position
temporarily in an acting capacity subject to the time
limitations of section 3346 of title 5, United States Code; and
``(ii) if the first assistant described in clause (i) dies,
resigns, or becomes otherwise unable to perform those functions
and duties, the President (and only the President) may direct
an officer or employee in the Office of Inspector General to
perform those functions and duties temporarily in an acting
capacity, subject to the time limitations of section 3346 of
title 5, United States Code, if--
``(I) that direction satisfies the requirements under
subclauses (II), (III), and (IV) of subparagraph (B)(iii);
and
``(II) that officer or employee served in a position in
that Office of Inspector General for not fewer than 90 of
the 365 days preceding the date on which the President
makes that direction.
``(D) An individual may perform the functions and duties of the
Inspector General temporarily and in an acting capacity under
clause (ii) or (iii) of subparagraph (B), or under subparagraph
(C), with respect to only 1 Inspector General position at any given
time.
``(E) If the President makes a direction under subparagraph
(B)(iii), during the 30-day period preceding the date on which the
direction of the President takes effect, the functions and duties
of the position of the Inspector General shall be performed by--
``(i) the first assistant to the position of Inspector
General; or
``(ii) the individual performing those functions and duties
temporarily in an acting capacity, as of the date on which the
President issues that direction, if that individual is an
individual other than the first assistant to the position of
Inspector General.''.
(d) Rule of Construction.--Nothing in the amendment made by
subsection (a) may be construed to limit the applicability of sections
3345 through 3349d of title 5, United States Code (commonly known as
the ``Federal Vacancies Reform Act of 1998''), other than with respect
to section 3345(a) of that title.
(e) Effective Date.--
(1) Definition.--In this subsection, the term ``Inspector
General'' has the meaning given the term in subsection (h)(1)(B) of
section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), as
added by subsection (a) of this section.
(2) Applicability.--
(A) In general.--Except as provided in subparagraph (B),
this section, and the amendments made by this section, shall
take effect on the date of enactment of this Act.
(B) Existing vacancies.--If, as of the date of enactment of
this Act, an individual is performing the functions and duties
of an Inspector General temporarily in an acting capacity, this
section, and the amendments made by this section, shall take
effect with respect to that Inspector General position on the
date that is 30 days after the date of enactment of this Act.
SEC. 5204. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER COMPLAINTS.
(a) Whistleblower Protection Coordinator.--Section 3(d)(1)(C) of
the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in clause (i), in the matter preceding subclause (I), by
inserting ``, including employees of that Office of Inspector
General'' after ``employees''; and
(2) in clause (iii), by inserting ``(including the Integrity
Committee of that Council)'' after ``and Efficiency''.
(b) Council of the Inspectors General on Integrity and
Efficiency.--Section 11(c)(5)(B) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by striking ``, allegations of reprisal,''
and inserting the following: ``and allegations of reprisal (including
the timely and appropriate handling and consideration of protected
disclosures and allegations of reprisal that are internal to an Office
of Inspector General)''.
Subtitle B--Presidential Explanation of Failure to Nominate an
Inspector General
SEC. 5221. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR
GENERAL.
(a) In General.--Subchapter III of chapter 33 of title 5, United
States Code, is amended by inserting after section 3349d the following:
``Sec. 3349e. Presidential explanation of failure to nominate an
inspector general
``If the President fails to make a formal nomination for a vacant
inspector general position that requires a formal nomination by the
President to be filled within the period beginning on the later of the
date on which the vacancy occurred or on which a nomination is
rejected, withdrawn, or returned, and ending on the day that is 210
days after that date, the President shall communicate, within 30 days
after the end of such period and not later than June 1 of each year
thereafter, to the appropriate congressional committees, as defined in
section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)--
``(1) the reasons why the President has not yet made a formal
nomination; and
``(2) a target date for making a formal nomination.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter III of chapter 33 of title 5, United States Code, is amended
by inserting after the item relating to section 3349d the following:
``3349e. Presidential explanation of failure to nominate an Inspector
General.''.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect--
(1) on the date of enactment of this Act with respect to any
vacancy first occurring on or after that date; and
(2) on the day that is 210 days after the date of enactment of
this Act with respect to any vacancy that occurred before the date
of enactment of this Act.
Subtitle C--Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
SEC. 5231. SHORT TITLE.
This subtitle may be cited as the ``Integrity Committee
Transparency Act of 2022''.
SEC. 5232. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS AND
REPORTS TO CONGRESS.
Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in paragraph (5)(B)(ii), by striking the period at the end
and inserting ``, the length of time the Integrity Committee has
been evaluating the allegation of wrongdoing, and a description of
any previous written notice provided under this clause with respect
to the allegation of wrongdoing, including the description provided
for why additional time was needed.''; and
(2) in paragraph (8)(A)(ii), by inserting ``or corrective
action'' after ``disciplinary action''.
SEC. 5233. AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN
ALLEGATIONS OF WRONGDOING CLOSED WITHOUT REFERRAL.
Section 11(d)(5)(B) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(iii) Availability of information to congress on
certain allegations of wrongdoing closed without
referral.--With respect to an allegation of wrongdoing made
by a member of Congress that is closed by the Integrity
Committee without referral to the Chairperson of the
Integrity Committee to initiate an investigation, the
Chairperson of the Integrity Committee shall, not later
than 60 days after closing the allegation of wrongdoing,
provide a written description of the nature of the
allegation of wrongdoing and how the Integrity Committee
evaluated the allegation of wrongdoing to--
``(I) the Chair and Ranking Minority Member of the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
``(II) the Chair and Ranking Minority Member of the
Committee on Oversight and Reform of the House of
Representatives.''.
SEC. 5234. SEMIANNUAL REPORT.
Section 11(d)(9) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended to read as follows:
``(9) Semiannual report.--On or before May 31, 2023, and every
6 months thereafter, the Council shall submit to Congress and the
President a report on the activities of the Integrity Committee
during the immediately preceding 6-month periods ending March 31
and September 30, which shall include the following with respect to
allegations of wrongdoing that are made against Inspectors General
and staff members of the various Offices of Inspector General
described in paragraph (4)(C):
``(A) An overview and analysis of the allegations of
wrongdoing disposed of by the Integrity Committee, including--
``(i) analysis of the positions held by individuals
against whom allegations were made, including the duties
affiliated with such positions;
``(ii) analysis of the categories or types of the
allegations of wrongdoing; and
``(iii) a summary of disposition of all the
allegations.
``(B) The number of allegations received by the Integrity
Committee.
``(C) The number of allegations referred to the Department
of Justice or the Office of Special Counsel, including the
number of allegations referred for criminal investigation.
``(D) The number of allegations referred to the Chairperson
of the Integrity Committee for investigation, a general
description of the status of such investigations, and a summary
of the findings of investigations completed.
``(E) An overview and analysis of allegations of wrongdoing
received by the Integrity Committee during any previous
reporting period, but remained pending during some part of the
six months covered by the report, including--
``(i) analysis of the positions held by individuals
against whom allegations were made, including the duties
affiliated with such positions;
``(ii) analysis of the categories or types of the
allegations of wrongdoing; and
``(iii) a summary of disposition of all the
allegations.
``(F) The number and category or type of pending
investigations.
``(G) For each allegation received--
``(i) the date on which the investigation was opened;
``(ii) the date on which the allegation was disposed
of, as applicable; and
``(iii) the case number associated with the allegation.
``(H) The nature and number of allegations to the Integrity
Committee closed without referral, including the justification
for why each allegation was closed without referral.
``(I) A brief description of any difficulty encountered by
the Integrity Committee when receiving, evaluating,
investigating, or referring for investigation an allegation
received by the Integrity Committee, including a brief
description of--
``(i) any attempt to prevent or hinder an
investigation; or
``(ii) concerns about the integrity or operations at an
Office of Inspector General.
``(J) Other matters that the Council considers
appropriate.''.
SEC. 5235. ADDITIONAL REPORTS.
Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) by redesignating subsections (e) and (f) as subsections (g)
and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Additional Reports.--
``(1) Report to inspector general.--The Chairperson of the
Integrity Committee of the Council of the Inspectors General on
Integrity and Efficiency shall, immediately whenever the
Chairperson of the Integrity Committee becomes aware of
particularly serious or flagrant problems, abuses, or deficiencies
relating to the administration of programs and operations of an
Office of Inspector General for which the Integrity Committee may
receive, review, and refer for investigation allegations of
wrongdoing under section 11(d), submit a report to the Inspector
General who leads the Office at which the serious or flagrant
problems, abuses, or deficiencies were alleged.
``(2) Report to president, congress, and the establishment.--
Not later than 7 days after the date on which an Inspector General
receives a report submitted under paragraph (1), the Inspector
General shall submit to the President, the appropriate
congressional committees, and the head of the establishment--
``(A) the report received under paragraph (1); and
``(B) a report by the Inspector General containing any
comments the Inspector General determines appropriate.''.
SEC. 5236. REQUIREMENT TO REPORT FINAL DISPOSITION TO CONGRESS.
Section 11(d)(8)(B) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by inserting ``and the appropriate congressional
committees'' after ``Integrity Committee''.
SEC. 5237. INVESTIGATIONS OF OFFICES OF INSPECTOR GENERAL OF
ESTABLISHMENTS BY THE INTEGRITY COMMITTEE.
Section 11(d)(7)(B)(i)(V) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting ``, and that an investigation of
an Office of Inspector General of an establishment is conducted by
another Office of Inspector General of an establishment'' after
``size''.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
SEC. 5241. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN
STATUS OF INSPECTOR GENERAL.
Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by inserting after subsection (e), as added by section 5625 of
this title, the following:
``(f)(1) Except as provided in paragraph (2), not later than 15
days after an Inspector General is removed, placed on paid or unpaid
nonduty status, or transferred to another position or location within
an establishment, the officer or employee performing the functions and
duties of the Inspector General temporarily in an acting capacity shall
submit to the appropriate congressional committees information
regarding work being conducted by the Office as of the date on which
the Inspector General was removed, placed on paid or unpaid non-duty
status, or transferred, which shall include--
``(A) for each investigation--
``(i) the type of alleged offense;
``(ii) the fiscal quarter in which the Office initiated the
investigation;
``(iii) the relevant Federal agency, including the relevant
component of that Federal agency for any Federal agency listed
in section 901(b) of title 31, United States Code, under
investigation or affiliated with the individual or entity under
investigation; and
``(iv) whether the investigation is administrative, civil,
criminal, or a combination thereof, if known; and
``(B) for any work not described in subparagraph (A)--
``(i) a description of the subject matter and scope;
``(ii) the relevant agency, including the relevant
component of that Federal agency, under review;
``(iii) the date on which the Office initiated the work;
and
``(iv) the expected time frame for completion.
``(2) With respect to an inspector general of an element of the
intelligence community specified in section 8G(d)(2) of the Inspector
General Act of 1978 (5 U.S.C. App.), the submission required by
paragraph (1) shall only be made to the committees of Congress
specified in section 8G(d)(2)(E).''.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
SEC. 5251. CIGIE REPORT ON EXPENDITURES.
Section 11(c)(3) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(D) Report on expenditures.--Not later than November 30
of each year, the Chairperson shall submit to the appropriate
committees or subcommittees of Congress, including the
Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives, a report on the
expenditures of the Council for the preceding fiscal year,
including from direct appropriations to the Council,
interagency funding pursuant to subparagraph (A), a revolving
fund pursuant to subparagraph (B), or any other source.''.
Subtitle F--Notice of Refusal to Provide Inspectors General Access
SEC. 5261. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR ASSISTANCE TO
INSPECTORS GENERAL.
Section 6(c) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended by adding at the end the following:
``(3) If the information or assistance that is the subject of a
report under paragraph (2) is not provided to the Inspector General
by the date that is 30 days after the report is made, the Inspector
General shall submit a notice that the information or assistance
requested has not been provided by the head of the establishment
involved or the head of the Federal agency involved, as applicable,
to the appropriate congressional committees.''.
Subtitle G--Training Resources for Inspectors General and Other Matters
SEC. 5271. TRAINING RESOURCES FOR INSPECTORS GENERAL.
Section 11(c)(1) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) by redesignating subparagraphs (E) through (I) as
subparagraphs (F) through (J), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) support the professional development of Inspectors
General, including by providing training opportunities on the
duties, responsibilities, and authorities under this Act and on
topics relevant to Inspectors General and the work of
Inspectors General, as identified by Inspectors General and the
Council.''.
SEC. 5272. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 5--
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ``committees or subcommittees of the
Congress'' and inserting ``congressional committees''; and
(B) in subsection (d), by striking ``committees or
subcommittees of Congress'' and inserting ``congressional
committees'';
(2) in section 6(h)(4)--
(A) in subparagraph (B), by striking ``Government''; and
(B) by amending subparagraph (C) to read as follows:
``(C) Any other relevant congressional committee or
subcommittee of jurisdiction.'';
(3) in section 8--
(A) in subsection (b)--
(i) in paragraph (3), by striking ``the Committees on
Armed Services and Governmental Affairs of the Senate and
the Committee on Armed Services and the Committee on
Government Reform and Oversight of the House of
Representatives and to other appropriate committees or
subcommittees of the Congress'' and inserting ``the
appropriate congressional committees, including the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives''; and
(ii) in paragraph (4), by striking ``and to other
appropriate committees or subcommittees''; and
(B) in subsection (f)--
(i) in paragraph (1), by striking ``the Committees on
Armed Services and on Homeland Security and Governmental
Affairs of the Senate and the Committees on Armed Services
and on Oversight and Government Reform of the House of
Representatives and to other appropriate committees or
subcommittees of Congress'' and inserting ``the appropriate
congressional committees, including the Committee on Armed
Services of the Senate and the Committee on Armed Services
of the House of Representatives''; and
(ii) in paragraph (2), by striking ``committees or
subcommittees of the Congress'' and inserting
``congressional committees'';
(4) in section 8D--
(A) in subsection (a)(3), by striking ``Committees on
Governmental Affairs and Finance of the Senate and the
Committees on Government Operations and Ways and Means of the
House of Representatives, and to other appropriate committees
or subcommittees of the Congress'' and inserting ``appropriate
congressional committees, including the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives''; and
(B) in subsection (g)--
(i) in paragraph (1)--
(I) by striking ``committees or subcommittees of
the Congress'' and inserting ``congressional
committees''; and
(II) by striking ``Committees on Governmental
Affairs and Finance of the Senate and the Committees on
Government Reform and Oversight and Ways and Means of
the House of Representatives'' and inserting
``Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives'';
and
(ii) in paragraph (2), by striking ``committees or
subcommittees of Congress'' and inserting ``congressional
committees'';
(5) in section 8E--
(A) in subsection (a)(3), by striking ``Committees on
Governmental Affairs and Judiciary of the Senate and the
Committees on Government Operations and Judiciary of the House
of Representatives, and to other appropriate committees or
subcommittees of the Congress'' and inserting ``appropriate
congressional committees, including the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives''; and
(B) in subsection (c)--
(i) by striking ``committees or subcommittees of the
Congress'' and inserting ``congressional committees''; and
(ii) by striking ``Committees on the Judiciary and
Governmental Affairs of the Senate and the Committees on
the Judiciary and Government Operations of the House of
Representatives'' and inserting ``Committee on the
Judiciary of the Senate and the Committee on the Judiciary
of the House of Representatives'';
(6) in section 8G(f)(3)--
(A) in subparagraph (A)(iii), by striking ``Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives, and to other appropriate committees or
subcommittees of the Congress'' and inserting ``the appropriate
congressional committees''; and
(B) by striking subparagraph (C);
(7) in section 8I--
(A) in subsection (a)(3), in the matter preceding
subparagraph (A), by striking ``committees and subcommittees of
Congress'' and inserting ``congressional committees''; and
(B) in subsection (d), by striking ``committees and
subcommittees of Congress'' each place it appears and inserting
``congressional committees'';
(8) in section 8N(b), by striking ``committees of Congress''
and inserting ``congressional committees'';
(9) in section 11--
(A) in subsection (b)(3)(B)(viii)--
(i) by striking subclauses (III) and (IV);
(ii) in subclause (I), by adding ``and'' at the end;
and
(iii) by amending subclause (II) to read as follows:
``(II) the appropriate congressional committees.'';
and
(B) in subsection (d)(8)(A)(iii), by striking ``to the''
and all that follows through ``jurisdiction'' and inserting
``to the appropriate congressional committees''; and
(10) in section 12--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) the term `appropriate congressional committees' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(B) the Committee on Oversight and Reform of the House of
Representatives; and
``(C) any other relevant congressional committee or
subcommittee of jurisdiction.''.
SEC. 5273. SEMIANNUAL REPORTS.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 4(a)(2)--
(A) by inserting ``, including'' after ``to make
recommendations''; and
(B) by inserting a comma after ``section 5(a)'';
(2) in section 5--
(A) in subsection (a)--
(i) by striking paragraphs (1) through (12) and
inserting the following:
``(1) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the establishment and associated reports and
recommendations for corrective action made by the Office;
``(2) an identification of each recommendation made before the
reporting period, for which corrective action has not been
completed, including the potential costs savings associated with
the recommendation;
``(3) a summary of significant investigations closed during the
reporting period;
``(4) an identification of the total number of convictions
during the reporting period resulting from investigations;
``(5) information regarding each audit, inspection, or
evaluation report issued during the reporting period, including--
``(A) a listing of each audit, inspection, or evaluation;
``(B) if applicable, the total dollar value of questioned
costs (including a separate category for the dollar value of
unsupported costs) and the dollar value of recommendations that
funds be put to better use, including whether a management
decision had been made by the end of the reporting period;
``(6) information regarding any management decision made during
the reporting period with respect to any audit, inspection, or
evaluation issued during a previous reporting period;'';
(ii) by redesignating paragraphs (13) through (22) as
paragraphs (7) through (16), respectively;
(iii) by amending paragraph (13), as so redesignated,
to read as follows:
``(13) a report on each investigation conducted by the Office
where allegations of misconduct were substantiated involving a
senior Government employee or senior official (as defined by the
Office) if the establishment does not have senior Government
employees, which shall include--
``(A) the name of the senior Government employee, if
already made public by the Office; and
``(B) a detailed description of--
``(i) the facts and circumstances of the investigation;
and
``(ii) the status and disposition of the matter,
including--
``(I) if the matter was referred to the Department
of Justice, the date of the referral; and
``(II) if the Department of Justice declined the
referral, the date of the declination;''; and
(iv) by amending paragraph (15), as so redesignated, to
read as follows:
``(15) information related to interference by the
establishment, including--
``(A) a detailed description of any attempt by the
establishment to interfere with the independence of the Office,
including--
``(i) with budget constraints designed to limit the
capabilities of the Office; and
``(ii) incidents where the establishment has resisted
or objected to oversight activities of the Office or
restricted or significantly delayed access to information,
including the justification of the establishment for such
action; and
``(B) a summary of each report made to the head of the
establishment under section 6(c)(2) during the reporting
period;''; and
(B) in subsection (b)--
(i) by striking paragraphs (2) and (3) and inserting
the following:
``(2) where final action on audit, inspection, and evaluation
reports had not been taken before the commencement of the reporting
period, statistical tables showing--
``(A) with respect to management decisions--
``(i) for each report, whether a management decision
was made during the reporting period;
``(ii) if a management decision was made during the
reporting period, the dollar value of disallowed costs and
funds to be put to better use as agreed to in the
management decision; and
``(iii) total number of reports where a management
decision was made during the reporting period and the total
corresponding dollar value of disallowed costs and funds to
be put to better use as agreed to in the management
decision; and
``(B) with respect to final actions--
``(i) whether, if a management decision was made before
the end of the reporting period, final action was taken
during the reporting period;
``(ii) if final action was taken, the dollar value of--
``(I) disallowed costs that were recovered by
management through collection, offset, property in lieu
of cash, or otherwise;
``(II) disallowed costs that were written off by
management;
``(III) disallowed costs and funds to be put to
better use not yet recovered or written off by
management;
``(IV) recommendations that were completed; and
``(V) recommendations that management has
subsequently concluded should not or could not be
implemented or completed; and
``(iii) total number of reports where final action was
not taken and total number of reports where final action
was taken, including the total corresponding dollar value
of disallowed costs and funds to be put to better use as
agreed to in the management decisions;'';
(ii) by redesignating paragraph (4) as paragraph (3);
(iii) in paragraph (3), as so redesignated, by striking
``subsection (a)(20)(A)'' and inserting ``subsection
(a)(14)(A)''; and
(iv) by striking paragraph (5) and inserting the
following:
``(4) a statement explaining why final action has not been
taken with respect to each audit, inspection, and evaluation report
in which a management decision has been made but final action has
not yet been taken, except that such statement--
``(A) may exclude reports if--
``(i) a management decision was made within the
preceding year; or
``(ii) the report is under formal administrative or
judicial appeal or management of the establishment has
agreed to pursue a legislative solution; and
``(B) shall identify the number of reports in each category
so excluded.'';
(C) by redesignating subsection (h), as so redesignated by
section 5625 of this title, as subsection (i); and
(D) by inserting after subsection (g), as so redesignated
by section 5625 of this title, the following:
``(h) If an Office has published any portion of the report or
information required under subsection (a) to the website of the Office
or on oversight.gov, the Office may elect to provide links to the
relevant webpage or website in the report of the Office under
subsection (a) in lieu of including the information in that report.''.
SEC. 5274. SUBMISSION OF REPORTS THAT SPECIFICALLY IDENTIFY NON-
GOVERNMENTAL ORGANIZATIONS OR BUSINESS ENTITIES.
(a) In General.--Section 5(g) of the Inspector General Act of 1978
(5 U.S.C. App.), as so redesignated by section 5625 of this title, is
amended by adding at the end the following:
``(6)(A) Except as provided in subparagraph (B), if an audit,
evaluation, inspection, or other non-investigative report prepared
by an Inspector General specifically identifies a specific non-
governmental organization or business entity, whether or not the
non-governmental organization or business entity is the subject of
that audit, evaluation, inspection, or non-investigative report--
``(i) the Inspector General shall notify the non-
governmental organization or business entity;
``(ii) the non-governmental organization or business entity
shall have--
``(I) 30 days to review the audit, evaluation,
inspection, or non-investigative report beginning on the
date of publication of the audit, evaluation, inspection,
or non-investigative report; and
``(II) the opportunity to submit a written response for
the purpose of clarifying or providing additional context
as it directly relates to each instance wherein an audit,
evaluation, inspection, or non-investigative report
specifically identifies that non-governmental organization
or business entity; and
``(iii) if a written response is submitted under clause
(ii)(II) within the 30-day period described in clause (ii)(I)--
``(I) the written response shall be attached to the
audit, evaluation, inspection, or non-investigative report;
and
``(II) in every instance where the report may appear on
the public-facing website of the Inspector General, the
website shall be updated in order to access a version of
the audit, evaluation, inspection, or non-investigative
report that includes the written response.
``(B) Subparagraph (A) shall not apply with respect to a non-
governmental organization or business entity that refused to
provide information or assistance sought by an Inspector General
during the creation of the audit, evaluation, inspection, or non-
investigative report.
``(C) An Inspector General shall review any written response
received under subparagraph (A) for the purpose of preventing the
improper disclosure of classified information or other non-public
information, consistent with applicable laws, rules, and
regulations, and, if necessary, redact such information.''.
(b) Retroactive Applicability.--During the 30-day period beginning
on the date of enactment of this Act--
(1) the amendment made by subsection (a) shall apply upon the
request of a non-governmental organization or business entity named
in an audit, evaluation, inspection, or other non-investigative
report prepared on or after January 1, 2019; and
(2) any written response submitted under clause (iii) of
section 5(g)(6)(A) of the Inspector General Act of 1978 (5 U.S.C.
App.), as added by subsection (a), with respect to such an audit,
evaluation, inspection, or other non-investigative report shall
attach to the original report in the manner described in that
clause.
SEC. 5275. REVIEW RELATING TO VETTING, PROCESSING, AND RESETTLEMENT OF
EVACUEES FROM AFGHANISTAN AND THE AFGHANISTAN SPECIAL IMMIGRANT VISA
PROGRAM.
(a) In General.--In accordance with the Inspector General Act of
1978 (5 U.S.C. App.), the Inspector General of the Department of
Homeland Security, jointly with the Inspector General of the Department
of State, and in coordination with the Inspector General of the
Department of Defense and any appropriate Inspector General established
by that Act or section 103H of the National Security Act of 1947 (50
U.S.C. 3033), shall conduct a thorough review of efforts to support and
process evacuees from Afghanistan and the Afghanistan special immigrant
visa program.
(b) Elements.--The review required by subsection (a) shall include
an assessment of the systems, staffing, policies, and programs used--
(1) to screen and vet such evacuees, including--
(A) an assessment of whether personnel conducting such
screening and vetting were appropriately authorized and
provided with training, including training in the detection of
fraudulent personal identification documents;
(B) an analysis of the degree to which such screening and
vetting deviated from United States law, regulations, policy,
and best practices relating to the screening and vetting of
parolees, refugees, and applicants for United States visas that
have been in use at any time since January 1, 2016,
particularly for individuals from countries containing any
active terrorist organizations; and
(C) an identification of any risk to the national security
of the United States posed by any such deviations;
(D) an analysis of the processes used for evacuees
traveling without personal identification records, including
the creation or provision of any new identification records to
such evacuees; and
(E) an analysis of the degree to which such screening and
vetting process was capable of detecting--
(i) instances of human trafficking and domestic abuse;
(ii) evacuees who are unaccompanied minors; and
(iii) evacuees with a spouse who is a minor;
(2) to admit and process such evacuees at United States ports
of entry;
(3) to temporarily house such evacuees prior to resettlement;
(4) to account for the total number of individuals evacuated
from Afghanistan in 2021 with support of the United States
Government, disaggregated by--
(A) country of origin;
(B) citizenship, only if different from country of origin;
(C) age;
(D) gender;
(E) the number of individuals who were holders of a special
immigrant visa issued pursuant to the Afghan Allies Protection
Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) or section
1059 of the National Defense Authorization Act for Fiscal Year
2006 (8 U.S.C. 1101 note; Public Law 109-163) at the time of
evacuation;
(F) the number of individuals who were applicants for a
special immigrant visas pursuant to the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8)
or section 1059 of the National Defense Authorization Act for
Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-163) at
the time of evacuation;
(G) the number who were in possession of a valid
nonimmigrant visa to enter the United States at the time of
evacuation; and
(H) familial relationship to individuals described in
subparagraphs (E) through (G).
(c) Interim Reporting.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Homeland Security and the Inspector General of the Department of
State shall submit to the appropriate congressional committees not
fewer than one interim report on the review conducted under this
section.
(2) Form.--Any report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(3) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Homeland Security and Governmental
Affairs, the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence,
and the Committee on the Judiciary of the Senate; and
(ii) the Committee on Oversight and Reform, the
Committee on Armed Services, the Committee on Foreign
Affairs, the Permanent Select Committee on Intelligence,
and the Committee on the Judiciary of the House of
Representatives.
(B) Screen; screening.--The terms ``screen'' and
``screening'', with respect to an evacuee, mean the process by
which a Federal official determines--
(i) the identity of the evacuee;
(ii) whether the evacuee has a valid identification
documentation; and
(iii) whether any database of the United States
Government contains derogatory information about the
evacuee.
(C) Vet; vetting.--The term ``vet'' and ``vetting'', with
respect to an evacuee, means the process by which a Federal
official interviews the evacuee to determine whether the
evacuee is who they purport to be, including whether the
evacuee poses a national security risk.
(d) Discharge of Responsibilities.--The Inspector General of the
Department of Homeland Security and the Inspector General of the
Department of State shall discharge the responsibilities under this
section in a manner consistent with the authorities and requirements of
the Inspector General Act of 1978 (5 U.S.C. App.) and the authorities
and requirements applicable to the Inspector General of the Department
of Homeland Security and the Inspector General of the Department of
State under that Act.
(e) Coordination.--Upon request of an Inspector General for
information or assistance under subsection (a), the head of any Federal
agency involved shall, insofar as is practicable and not in
contravention of any existing statutory restriction or regulation of
the Federal agency from which the information is requested, furnish to
such Inspector General, or to an authorized designee, such information
or assistance.
(f) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of the Inspector General of the
Department of Homeland Security or the Inspector General of the
Department of State to enter into agreements to conduct joint audits,
inspections, or investigations in the exercise of the oversight
responsibilities of the Inspector General of the Department of Homeland
Security and the Inspector General of the Department of State, in
accordance with the Inspector General Act of 1978 (5 U.S.C. App.), with
respect to oversight of the evacuation from Afghanistan, the selection,
vetting, and processing of applicants for special immigrant visas and
asylum, and any resettlement in the United States of such evacuees.
TITLE LIII--OVERSIGHT AND REFORM MATTERS
Subtitle A--General Provisions
Sec. 5301. Access for Veterans to Records.
Sec. 5302. ONDCP supplemental strategies.
Sec. 5303. Performance Enhancement.
Sec. 5304. Appeals to merit systems protection board relating to FBI
reprisal allegations; salary of Special Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B--PLUM Act of 2022
Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and
supporting positions.
Subtitle A--General Provisions
SEC. 5301. ACCESS FOR VETERANS TO RECORDS.
(a) Plan to Eliminate Records Backlog at the National Personnel
Records Center.--
(1) Plan required.--Not later than 60 days after the date of
the enactment of this Act, the Archivist of the United States shall
submit to the appropriate congressional committees a comprehensive
plan for reducing the backlog of requests for records from the
National Personnel Records Center and improving the efficiency and
responsiveness of operations at the National Personnel Records
Center, that includes, at a minimum, the following:
(A) An estimate of the number of backlogged record requests
for veterans.
(B) Target timeframes to reduce the backlog.
(C) A detailed plan for using existing funds to improve the
information technology infrastructure, including secure access
to appropriate agency Federal records, to prevent future
backlogs.
(D) Actions to improve customer service for requesters.
(E) Measurable goals with respect to the comprehensive plan
and metrics for tracking progress toward such goals.
(F) Strategies to prevent future record request backlogs,
including backlogs caused by an event that prevents employees
of the Center from reporting to work in person.
(2) Updates.--Not later than 90 days after the date on which
the comprehensive plan is submitted under paragraph (1), and
biannually thereafter until the response rate by the National
Personnel Records Center reaches 90 percent of all requests in 20
days or less, not including any request involving a record damaged
or lost in the National Personnel Records Center fire of 1973 or
any request that is subject to a fee that has not been paid in a
timely manner by the requestor (provided the National Personnel
Records Center issues an invoice within 20 days after the date on
which the request is made), the Archivist of the United States
shall submit to the appropriate congressional committees an update
of such plan that--
(A) describes progress made by the National Personnel
Records Center during the preceding 90-day period with respect
to record request backlog reduction and efficiency and
responsiveness improvement;
(B) provides data on progress made toward the goals
identified in the comprehensive plan; and
(C) describes any changes made to the comprehensive plan.
(3) Consultation requirement.--In carrying out paragraphs (1)
and (2), the Archivist of the United States shall consult with the
Secretary of Veterans Affairs.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Oversight and Reform, the Committee on
Veterans' Affairs, and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Veterans' Affairs, and the Committee
on Appropriations of the Senate.
(b) Additional Funding to Address Records Backlog.--
(1) Authorization of appropriations.--In addition to amounts
otherwise available, there is authorized to be appropriated to the
National Archives and Records Administration, $60,000,000 to
address backlogs in responding to requests from veterans for
military personnel records, improve cybersecurity, improve digital
preservation and access to archival Federal records, and address
backlogs in requests made under section 552 of title 5, United
States Code (commonly referred to as the Freedom of Information
Act). Such amounts may also be used for the Federal Records Center
Program.
(2) Requirement to maintain in-person staffing levels.--Subject
to the availability of appropriations, and not later than 30 days
after the date of the enactment of this Act, the Archivist of the
United States shall ensure, to the extent practicable, that the
National Personnel Records Center maintains staffing levels and
telework arrangements that enable the maximum processing of records
requests possible in order to achieve the performance goal of
responding to 90 percent of all requests in 20 days or less, not
including any request involving a record damaged or lost in the
National Personnel Records Center fire of 1973 or any request that
is subject to a fee that has not been paid in a timely manner by
the requestor (provided the National Personnel Records Center
issues an invoice within 20 days after the date on which the
request is made).
(3) Inspector general reporting.--The Inspector General for the
National Archives and Records Administration shall, for two years
following the date of the enactment of this Act, include in every
semiannual report submitted to Congress pursuant to the Inspector
General Act of 1978 (5 U.S.C. App.), a detailed summary of--
(A) efforts taken by the National Archives and Records
Administration to address the backlog of records requests at
the National Personnel Records Center; and
(B) any recommendations for action proposed by the
Inspector General related to reducing the backlog of records
requests at the National Personnel Records Center and the
status of compliance with those recommendations by the National
Archives and Records Administration.
SEC. 5302. ONDCP SUPPLEMENTAL STRATEGIES.
Section 706(h) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1705(h)) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) develops performance measures and targets for the
National Drug Control Strategy for supplemental strategies (the
Southwest Border, Northern Border, and Caribbean Border
Counternarcotics Strategies) to effectively evaluate region-
specific goals, to the extent the performance measurement system
does not adequately measure the effectiveness of the strategies, as
determined by the Director, such strategies may evaluate
interdiction efforts at and between ports of entry, interdiction
technology, intelligence sharing, diplomacy, and other appropriate
metrics, specific to each supplemental strategies region, as
determined by the Director.''.
SEC. 5303. PERFORMANCE ENHANCEMENT.
(a) Short Title.--This section may be cited as the ``Performance
Enhancement Reform Act''.
(b) In General.--Section 1115 of title 31, United States Code, is
amended--
(1) by amending subsection (b)(5) to read as follows:
``(5) provide a description of how the performance goals are to
be achieved, including--
``(A) the human capital, training, data and evidence,
information technology, and skill sets required to meet the
performance goals;
``(B) the technology modernization investments, system
upgrades, staff technology skills and expertise, stakeholder
input and feedback, and other resources and strategies needed
and required to meet the performance goals;
``(C) clearly defined milestones;
``(D) an identification of the organizations, program
activities, regulations, policies, operational processes, and
other activities that contribute to each performance goal, both
within and external to the agency;
``(E) a description of how the agency is working with other
agencies and the organizations identified in subparagraph (D)
to measure and achieve its performance goals as well as
relevant Federal Government performance goals; and
``(F) an identification of the agency officials responsible
for the achievement of each performance goal, who shall be
known as goal leaders;''; and
(2) by amending subsection (g) to read as follows:
``(g) Preparation of Performance Plan.--The Performance Improvement
Officer of each agency (or the functional equivalent) shall collaborate
with the Chief Human Capital Officer (or the functional equivalent),
the Chief Information Officer (or the functional equivalent), the Chief
Data Officer (or the functional equivalent), and the Chief Financial
Officer (or the functional equivalent) of that agency to prepare that
portion of the annual performance plan described under subsection
(b)(5) for that agency.''.
SEC. 5304. APPEALS TO MERIT SYSTEMS PROTECTION BOARD RELATING TO FBI
REPRISAL ALLEGATIONS; SALARY OF SPECIAL COUNSEL.
(a) Appeals to Mspb.--Section 2303 of title 5, United States Code,
is amended by adding at the end the following:
``(d)(1) An employee of the Federal Bureau of Investigation who
makes an allegation of a reprisal under regulations promulgated under
this section may appeal a final determination or corrective action
order by the Bureau under those regulations to the Merit Systems
Protection Board pursuant to section 1221.
``(2) If no final determination or corrective action order has been
made or issued for an allegation described in paragraph (1) before the
expiration of the 180-day period beginning on the date on which the
allegation is received by the Federal Bureau of Investigation, the
employee described in that paragraph may seek corrective action
directly from the Merit Systems Protection Board pursuant to section
1221.''.
(b) Special Counsel Salary.--
(1) In general.--Subchapter II of chapter 53 of title 5, United
States Code, is amended--
(A) in section 5314, by adding at the end the following new
item: ``Special Counsel of the Office of Special Counsel.'';
and
(B) in section 5315, by striking ``Special Counsel of the
Merit Systems Protection Board.''.
(2) Application.--The rate of pay applied under the amendments
made by paragraph (1) shall begin to apply on the first day of the
first pay period beginning after date of enactment of this Act.
SEC. 5305. FAIRNESS FOR FEDERAL FIREFIGHTERS.
(a) Certain Illnesses and Diseases Presumed to Be Work-related
Cause of Disability or Death for Federal Employees in Fire Protection
Activities.--
(1) Presumption relating to employees in fire protection
activities.--
(A) In general.--Subchapter I of chapter 81 of title 5,
United States Code, is amended by inserting after section 8143a
the following:
``Sec. 8143b. Employees in fire protection activities
``(a) Definitions.--In this section:
``(1) Employee in fire protection activities.--The term
`employee in fire protection activities' means an employee employed
as a firefighter (including a wildland firefighter), paramedic,
emergency medical technician, rescue worker, ambulance personnel,
or hazardous material worker who--
``(A) is trained in fire suppression;
``(B) has the legal authority and responsibility to engage
in fire suppression;
``(C) is engaged in the prevention, control, or
extinguishment of fires or response to emergency situations in
which life, property, or the environment is at risk, including
the prevention, control, suppression, or management of wildland
fires; and
``(D) performs the activities described in subparagraph (C)
as a primary responsibility of the job of the employee.
``(2) Rule.--The term `rule' has the meaning given the term in
section 804.
``(3) Secretary.--The term `Secretary' means the Secretary of
Labor.
``(b) Certain Illnesses and Diseased Deemed to Be Proximately
Caused by Employment in Fire Protection Activities.--
``(1) In general.--For a claim under this subchapter of
disability or death of an employee who has been employed for not
less than 5 years in aggregate as an employee in fire protection
activities, an illness or disease specified on the list established
under paragraph (2) shall be deemed to be proximately caused by the
employment of that employee, if the employee is diagnosed with that
illness or disease not later than 10 years after the last
activedate of employment as an employee in fire protection
activities.
``(2) Establishment of initial list.--There is established
under this section the following list of illnesses and diseases:
``(A) Bladder cancer.
``(B) Brain cancer.
``(C) Chronic obstructive pulmonary disease.
``(D) Colorectal cancer.
``(E) Esophageal cancer.
``(F) Kidney cancer.
``(G) Leukemias.
``(H) Lung cancer.
``(I) Mesothelioma.
``(J) Multiple myeloma.
``(K) Non-Hodgkin lymphoma.
``(L) Prostate cancer.
``(M) Skin cancer (melanoma).
``(N) A sudden cardiac event or stroke suffered while, or
not later than 24 hours after, engaging in the activities
described in subsection (a)(1)(C).
``(O) Testicular cancer.
``(P) Thyroid cancer.
``(3) Additions to the list.--
``(A) In general.--
``(i) Periodic review.--The Secretary shall--
``(I) in consultation with the Director of the
National Institute for Occupational Safety and Health
and any advisory committee determined appropriate by
the Secretary, periodically review the list established
under paragraph (2); and
``(II) if the Secretary determines that the weight
of the best available scientific evidence warrants
adding an illness or disease to the list established
under paragraph (2), as described in subparagraph (B)
of this paragraph, make such an addition through a rule
that clearly identifies that scientific evidence.
``(ii) Classification.--A rule issued by the Secretary
under clause (i) shall be considered to be a major rule for
the purposes of chapter 8.
``(B) Basis for determination.--The Secretary shall add an
illness or disease to the list established under paragraph (2)
based on the weight of the best available scientific evidence
that there is a significant risk to employees in fire
protection activities of developing that illness or disease.
``(C) Available expertise.--In determining significant risk
for purposes of subparagraph (B), the Secretary may accept as
authoritative, and may rely upon, recommendations, risk
assessments, and scientific studies (including analyses of
National Firefighter Registry data pertaining to Federal
firefighters) by the National Institute for Occupational Safety
and Health, the National Toxicology Program, the National
Academies of Sciences, Engineering, and Medicine, and the
International Agency for Research on Cancer.''.
(B) Technical and conforming amendment.--The table of
sections for subchapter I of chapter 81 of title 5, United
States Code, is amended by inserting after the item relating to
section 8143a the following:
``8143b. Employees in fire protection activities.''.
(C) Application.--The amendments made by this paragraph
shall apply to claims for compensation filed on or after the
date of enactment of this Act.
(2) Research cooperation.--Not later than 120 days after the
date of enactment of this Act, the Secretary of Labor (referred to
in this subsection as the ``Secretary'') shall establish a process
by which an employee in fire protection activities, as defined in
subsection (a) of section 8143b of title 5, United States Code, as
added by paragraph (1) of this subsection (referred to in this
subsection as an ``employee in fire protection activities'') filing
a claim under chapter 81 of title 5, United States Code, as amended
by this subsection, relating to an illness or disease on the list
established under subsection (b)(2) of such section 8143b (referred
to in this subsection as ```the list'') as the list may be updated
under such section 8143b, shall be informed about, and offered the
opportunity to contribute to science by voluntarily enrolling in,
the National Firefighter Registry or a similar research or public
health initiative conducted by the Centers for Disease Control and
Prevention.
(3) Agenda for further review.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall--
(A) evaluate the best available scientific evidence of the
risk to an employee in fire protection activities of developing
breast cancer, gynecological cancers, and rhabdomyolysis;
(B) add breast cancer, gynecological cancers, and
rhabdomyolysis to the list, by rule in accordance with
subsection (b)(3) of section 8143b of title 5, United States
Code, as added by paragraph (1) of this subsection, if the
Secretary determines that such evidence supports that addition;
and
(C) submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Education and Labor of the House of Representatives a report
containing--
(i) the findings of the Secretary after making the
evaluation required under subparagraph (A); and
(ii) the determination of the Secretary under
subparagraph (B).
(4) Report on federal wildland firefighters.--
(A) Definition.--In this paragraph, the term ``Federal
wildland firefighter'' means an individual occupying a position
in the occupational series developed pursuant to section
40803(d)(1) of the Infrastructure Investment and Jobs Act (16
U.S.C. 6592(d)(1)).
(B) Study.--The Secretary of the Interior and the Secretary
of Agriculture, in consultation with the Director of the
National Institute for Occupational Safety and Health and the
Secretary, shall conduct a comprehensive study on long-term
health effects that Federal wildland firefighters who are
eligible to receive compensation for work injuries under
chapter 81 of title 5, United States Code, as amended by this
subsection, experience after being exposed to fires, smoke, and
toxic fumes when in service.
(C) Requirements.--The study required under subparagraph
(B) shall include--
(i) the race, ethnicity, age, gender, and time of
service of the Federal wildland firefighters participating
in the study; and
(ii) recommendations to Congress regarding what
legislative actions are needed to support the Federal
wildland firefighters described in clause (i) in preventing
health issues from the toxic exposure described in
subparagraph (B), similar to veterans who are exposed to
burn pits.
(D) Submission and publication.--The Secretary of the
Interior and the Secretary of Agriculture shall submit the
results of the study conducted under this paragraph to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Education and Labor of the House of
Representatives and make those results publicly available.
(5) Report on affected employees.--Beginning on the date that
is 1 year after the date of enactment of this Act, with respect to
each annual report required under section 8152 of title 5, United
States Code, the Secretary--
(A) shall include in the report the total number of, and
demographics regarding, employees in fire protection activities
with illnesses and diseases described in the list (as the list
may be updated under this subsection and the amendments made by
this subsection), as of the date on which that annual report is
submitted, which shall be disaggregated by the specific illness
or disease for the purposes of understanding the scope of the
problem facing those employees; and
(B) may--
(i) include in the report any information with respect
to employees in fire protection activities that the
Secretary determines to be necessary; and
(ii) as appropriate, make recommendations in the report
for additional actions that could be taken to minimize the
risk of adverse health impacts for employees in fire
protection activities.
(b) Subrogation of Continuation of Pay.--
(1) Subrogation of the united states.--Section 8131 of title 5,
United States Code, is amended--
(A) in subsection (a), in the matter preceding paragraph
(1), by inserting ``continuation of pay or'' before
``compensation''; and
(B) in subsection (c), in the second sentence, by inserting
``continuation of pay or'' before ``compensation already
paid''.
(2) Adjustment after recover from third person.--Section 8132
of title 5, United States Code, is amended--
(A) in the first sentence--
(i) by inserting ``continuation of pay or'' before
``compensation is payable'';
(ii) by inserting ``continuation of pay or'' before
``compensation from the United States'';
(iii) by striking ``in his behalf'' and inserting ``on
his behalf''; and
(iv) by inserting ``continuation of pay or''
before```compensation paid by the United States''; and
(B) by striking the fourth sentence and inserting the
following: ``If continuation of pay or compensation has not
been paid to the beneficiary, the money or property shall be
credited against continuation of pay or compensation payable to
him by the United States for the same injury.''.
(c) Increase in Time-period for FECA Claimant Supply Supporting
Documentation to Office of Worker's Compensation.--Not later than 16
days after the date of enactment of this Act, the Secretary of Labor
shall--
(1) amend section 10.121 of title 20, Code of Federal
Regulations, or any successor regulation, by striking ``30 days''
and inserting ``60 days''; and
(2) modify the Federal Employees' Compensation Act manual to
reflect the changes made by the Secretary pursuant to paragraph
(1).
Subtitle B--PLUM Act of 2022
SEC. 5321. SHORT TITLE.
This subtitle may be cited as the ``Periodically Listing Updates
to Management Act of 2022'' or the ``PLUM Act of 2022''.
SEC. 5322. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND
SUPPORTING POSITIONS.
(a) Establishment.--
(1) In general.--Subchapter I of chapter 33 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 3330f. Government policy and supporting position data
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means--
``(A) any Executive agency, the United States Postal
Service, and the Postal Regulatory Commission;
``(B) the Architect of the Capitol, the Government
Accountability Office, the Government Publishing Office, and
the Library of Congress; and
``(C) the Executive Office of the President and any
component within that Office (including any successor
component), including--
``(i) the Council of Economic Advisors;
``(ii) the Council on Environmental Quality;
``(iii) the National Security Council;
``(iv) the Office of the Vice President;
``(v) the Office of Policy Development;
``(vi) the Office of Administration;
``(vii) the Office of Management and Budget;
``(viii) the Office of the United States Trade
Representative;
``(ix) the Office of Science and Technology Policy;
``(x) the Office of National Drug Control Policy; and
``(xi) the White House Office, including the White
House Office of Presidential Personnel.
``(2) Appointee.--The term `appointee'--
``(A) means an individual serving in a policy and
supporting position; and
``(B) includes an individual serving in such a position
temporarily in an acting capacity in accordance with--
``(i) sections 3345 through 3349d (commonly referred to
as the `Federal Vacancies Reform Act of 1998');
``(ii) any other statutory provision described in
section 3347(a)(1); or
``(iii) a Presidential appointment described in section
3347(a)(2).
``(3) Covered website.--The term `covered website' means the
website established and maintained by the Director under subsection
(b).
``(4) Director.--The term `Director' means the Director of the
Office of Personnel Management.
``(5) Policy and supporting position.--The term `policy and
supporting position'--
``(A) means any position at an agency, as determined by the
Director, that, but for this section and section 2(b)(3) of the
PLUM Act of 2022, would be included in the publication entitled
`United States Government Policy and Supporting Positions',
(commonly referred to as the `Plum Book'); and
``(B) may include--
``(i) a position on any level of the Executive Schedule
under subchapter II of chapter 53, or another position with
an equivalent rate of pay;
``(ii) a general position (as defined in section
3132(a)(9)) in the Senior Executive service;
``(iii) a position in the Senior Foreign Service;
``(iv) a position of a confidential or policy-
determining character under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, or any
successor regulation; and
``(v) any other position classified at or above level
GS-14 of the General Schedule (or equivalent) that is
excepted from the competitive service by law because of the
confidential or policy-determining nature of the position
duties.
``(b) Establishment of Website.--Not later than 1 year after the
date of enactment of the PLUM Act of 2022, the Director shall
establish, and thereafter the Director shall maintain, a public website
containing the following information for the President in office on the
date of establishment and for each subsequent President:
``(1) Each policy and supporting position in the Federal
Government, including any such position that is vacant.
``(2) The name of each individual who--
``(A) is serving in a position described in paragraph (1);
or
``(B) previously served in a position described in such
paragraph under the applicable President.
``(3) Information on--
``(A) any Government-wide or agency-wide limitation on the
total number of positions in the Senior Executive Service under
section 3133 or 3134 or the total number of positions under
schedule C of subpart C of part 213 of title 5, Code of Federal
Regulations; and
``(B) the total number of individuals occupying such
positions.
``(c) Contents.--With respect to any policy and supporting position
listed on the covered website, the Director shall include--
``(1) the agency, and agency component, (including the agency
and bureau code used by the Office of Management and Budget) in
which the position is located;
``(2) the name of the position;
``(3) the name of the individual occupying the position (if
any);
``(4) the geographic location of the position, including the
city, State or province, and country;
``(5) the pay system under which the position is paid;
``(6) the level, grade, or rate of pay;
``(7) the term or duration of the appointment (if any);
``(8) the expiration date, in the case of a time-limited
appointment;
``(9) a unique identifier for each appointee;
``(10) whether the position is vacant; and
``(11) for any position that is vacant--
``(A) for a position for which appointment is required to
be made by the President, by and with the advice and consent of
the Senate, the name of the acting official; and
``(B) for other positions, the name of the official
performing the duties of the vacant position.
``(d) Current Data.--For each agency, the Director shall indicate
in the information on the covered website the date that the agency last
updated the data.
``(e) Format.--The Director shall make the data on the covered
website available to the public at no cost over the internet in a
searchable, sortable, downloadable, and machine-readable format so that
the data qualifies as an open Government data asset, as defined in
section 3502 of title 44.
``(f) Authority of Director.--
``(1) Information required.--Each agency shall provide to the
Director any information that the Director determines necessary to
establish and maintain the covered website, including the
information uploaded under paragraph (4).
``(2) Requirements for agencies.--Not later than 1 year after
the date of enactment of the PLUM Act of 2022, the Director shall
issue instructions to agencies with specific requirements for the
provision or uploading of information required under paragraph (1),
including--
``(A) specific data standards that an agency shall follow
to ensure that the information is complete, accurate, and
reliable;
``(B) data quality assurance methods; and
``(C) the timeframe during which an agency shall provide or
upload the information, including the timeframe described under
paragraph (4).
``(3) Public accountability.--The Director shall identify on
the covered website any agency that has failed to provide--
``(A) the information required by the Director;
``(B) complete, accurate, and reliable information; or
``(C) the information during the timeframe specified by the
Director.
``(4) Annual updates.--
``(A) In general.--Not later than 90 days after the date on
which the covered website is established, and not less than
once during each year thereafter, the head of each agency shall
upload to the covered website updated information (if any) on--
``(i) the policy and supporting positions in the
agency;
``(ii) the appointees occupying such positions in the
agency; and
``(iii) the former appointees who served in such
positions in the agency under the President then in office.
``(B) Supplement not supplant.--Information provided under
subparagraph (A) shall supplement, not supplant, previously
provided information under that subparagraph.
``(5) Opm help desk.--The Director shall establish a central
help desk, to be operated by not more than 1 full-time employee, to
assist any agency with implementing this section.
``(6) Coordination.--The Director may designate 1 or more
agencies to participate in the development, establishment,
operation, and support of the covered website. With respect to any
such designation, the Director may specify the scope of the
responsibilities of the agency so designated.
``(7) Data standards and timing.--The Director shall make
available on the covered website information regarding data
collection standards, quality assurance methods, and time frames
for reporting data to the Director.
``(8) Regulations.--The Director may prescribe regulations
necessary for the administration of this section.
``(g) Responsibility of Agencies.--
``(1) Provision of information.--Each agency shall comply with
the instructions and guidance issued by the Director to carry out
this section, and, upon request of the Director, shall provide
appropriate assistance to the Director to ensure the successful
operation of the covered website in the manner and within the
timeframe specified by the Director under subsection (f)(2).
``(2) Ensuring completeness, accuracy, and reliability.--With
respect to any submission of information described in paragraph
(1), the head of an agency shall include--
``(A) an explanation of how the agency ensured the
information is complete, accurate, and reliable; and
``(B) a certification that the information is complete,
accurate, and reliable.
``(h) Information Verification.--
``(1) Confirmation.--
``(A) In general.--On the date that is 90 days after the
date on which the covered website is established, the Director,
in coordination with the White House Office of Presidential
Personnel, shall confirm that the information on the covered
website is complete, accurate, reliable, and up-to-date.
``(B) Certification.--On the date on which the Director
makes a confirmation under subparagraph (A), the Director shall
publish on the covered website a certification that the
confirmation has been made.
``(2) Authority of director.--In carrying out paragraph (1),
the Director may--
``(A) request additional information from an agency; and
``(B) use any additional information provided to the
Director or the White House Office of Presidential Personnel
for the purposes of verification.
``(3) Public comment.--The Director shall establish a process
under which members of the public may provide feedback regarding
the accuracy of the information on the covered website.
``(i) Data Archiving.--
``(1) In general.--As soon as practicable after a transitional
inauguration day (as defined in section 3349a), the Director, in
consultation with the Archivist of the United States, shall archive
the data that was compiled on the covered website for the preceding
presidential administration.
``(2) Public availability.--The Director shall make the data
described in paragraph (1) publicly available over the internet--
``(A) on, or through a link on, the covered website;
``(B) at no cost; and
``(C) in a searchable, sortable, downloadable, and machine-
readable format.''.
(2) Clerical amendment.--The table of sections for subchapter I
of chapter 33 of title 5, United States Code, is amended by adding
at the end the following:
``3330f. Government policy and supporting position data.''.
(b) Other Matters.--
(1) Definitions.--In this subsection, the terms ``agency'',
``covered website'', ``Director'', and ``policy and supporting
position'' have the meanings given those terms in section 3330f of
title 5, United States Code, as added by subsection (a).
(2) Gao review and report.--Not later than 1 year after the
date on which the Director establishes the covered website, the
Comptroller General of the United States shall conduct a review of,
and issue a briefing or report on, the implementation of this
subtitle and the amendments made by this subtitle, which shall
include--
(A) the quality of data required to be collected and
whether the data is complete, accurate, timely, and reliable;
(B) any challenges experienced by agencies in implementing
this subtitle and the amendments made by this subtitle; and
(C) any suggestions or modifications to enhance compliance
with this subtitle and the amendments made by this subtitle,
including best practices for agencies to follow.
(3) Sunset of plum book.--Beginning on January 1, 2026--
(A) the covered website shall serve as the public directory
for policy and supporting positions in the Government; and
(B) the publication entitled ``United States Government
Policy and Supporting Positions'', commonly referred to as the
``Plum Book'', shall no longer be issued or published.
(4) Funding.--
(A) In general.--No additional amounts are authorized to be
appropriated to carry out this subtitle or the amendments made
by this subtitle.
(B) Other funding.--The Director shall carry out this
subtitle and the amendments made by this subtitle using amounts
otherwise available to the Director.
TITLE LIV--21ST CENTURY ASSISTIVE TECHNOLOGY ACT
Sec. 5401. Short title.
Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
SECTION 5401. SHORT TITLE.
This title may be cited as the ``21st Century Assistive Technology
Act''.
SEC. 5402. REAUTHORIZATION.
The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is
amended to read as follows:
``SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Assistive
Technology Act of 1998'.
``(b) Table of Contents.--The table of contents of this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purposes.
``Sec. 3. Definitions.
``Sec. 4. Grants for State assistive technology programs.
``Sec. 5. Grants for protection and advocacy services related to
assistive technology.
``Sec. 6. Technical assistance and data collection support.
``Sec. 7. Projects of national significance.
``Sec. 8. Administrative provisions.
``Sec. 9. Authorization of appropriations; reservations and distribution
of funds.
``SEC. 2. PURPOSES.
``The purposes of this Act are to--
``(1) to support State efforts to improve the provision of
assistive technology to individuals with disabilities of all ages,
including underrepresented populations, through comprehensive
statewide programs of technology-related assistance that are
designed to--
``(A) increase the availability of, funding for, access to,
provision of, and education about assistive technology devices
and assistive technology services;
``(B) increase the ability of individuals with disabilities
to secure and maintain possession of assistive technology
devices as such individuals make the transition between
services offered by educational or human service agencies or
between settings of daily living (for example, between home and
work);
``(C) increase the capacity of public agencies and private
entities to provide and pay for assistive technology devices
and assistive technology services on a statewide basis for
individuals with disabilities;
``(D) increase the involvement of individuals with
disabilities and, if appropriate, their family members,
guardians, advocates, and authorized representatives, in
decisions related to the provision of assistive technology
devices and assistive technology services;
``(E) increase and promote coordination among and between
State and local agencies and private entities (such as managed
care providers), that are involved in carrying out activities
under this Act;
``(F) increase the awareness and facilitate the change of
laws, regulations, policies, practices, procedures, and
organizational structures that facilitate the availability or
provision of assistive technology devices and assistive
technology services; and
``(G) increase awareness and knowledge of the benefits of
assistive technology devices and assistive technology services
among targeted individuals and entities and the general
population; and
``(2) to provide States and protection and advocacy systems
with financial assistance that supports programs designed to
maximize the ability of individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives to obtain assistive technology devices and
assistive technology services.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Adult service program.--The term `adult service program'
means a program that provides services to, or is otherwise
substantially involved with the major life functions of,
individuals with disabilities. Such term includes--
``(A) a program providing residential, supportive, or
employment-related services, to individuals with disabilities;
``(B) a program carried out by a center for independent
living, such as a center described in part C of title VII of
the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.);
``(C) a program carried out by an employment support agency
connected to adult vocational rehabilitation, such as a one-
stop partner, as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102); and
``(D) a program carried out by another organization or
vender licensed or registered by the designated State agency,
as defined in section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705).
``(2) American indian consortium.--The term `American Indian
consortium' means an entity that is an American Indian Consortium
(as defined in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)), and
that is established to provide protection and advocacy services for
purposes of receiving funding under subtitle C of title I of such
Act (42 U.S.C. 15041 et seq.).
``(3) Assistive technology.--The term `assistive technology'
means technology designed to be utilized in an assistive technology
device or assistive technology service.
``(4) Assistive technology device.--The term `assistive
technology device' means any item, piece of equipment, or product
system, whether acquired commercially, modified, or customized,
that is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
``(5) Assistive technology service.--The term `assistive
technology service' means any service that directly assists an
individual with a disability in the selection, acquisition, or use
of an assistive technology device. Such term includes--
``(A) the evaluation of the assistive technology needs of
an individual with a disability, including a functional
evaluation of the impact of the provision of appropriate
assistive technology devices and services to the individual in
the customary environment of the individual;
``(B) a service consisting of purchasing, leasing, or
otherwise providing for the acquisition of assistive technology
devices by individuals with disabilities;
``(C) a service consisting of selecting, designing,
fitting, customizing, adapting, applying, maintaining,
repairing, replacing, or donating assistive technology devices;
``(D) coordination and use of necessary therapies,
interventions, or services with assistive technology devices,
such as therapies, interventions, or services associated with
education and rehabilitation plans and programs;
``(E) instruction or technical assistance for an individual
with a disability or, where appropriate, the family members,
guardians, advocates, or authorized representatives of such an
individual;
``(F) instruction or technical assistance for professionals
(including individuals providing education and rehabilitation
services and entities that manufacture or sell assistive
technology devices), employers, providers of employment and
training services, or other individuals who provide services
to, employ, or are otherwise substantially involved in the
major life functions of individuals with disabilities; and
``(G) a service consisting of expanding the availability of
access to technology, including electronic and information
technology, to individuals with disabilities.
``(6) Capacity building and advocacy activities.--The term
`capacity building and advocacy activities' means efforts that--
``(A) result in laws, regulations, policies, practices,
procedures, or organizational structures that promote consumer-
responsive programs or entities; and
``(B) facilitate and increase access to, provision of, and
funding for assistive technology devices and assistive
technology services, in order to empower individuals with
disabilities to achieve greater independence, productivity, and
integration and inclusion within the community and the
workforce.
``(7) Comprehensive statewide program of technology-related
assistance.--The term `comprehensive statewide program of
technology-related assistance' means a consumer-responsive program
of technology-related assistance for individuals with disabilities
that--
``(A) is implemented by a State;
``(B) is equally available to all individuals with
disabilities residing in the State, regardless of their type of
disability, age, income level, or location of residence in the
State, or the type of assistive technology device or assistive
technology service required; and
``(C) incorporates all the activities described in section
4(e) (unless excluded pursuant to section 4(e)(5)).
``(8) Consumer-responsive.--The term `consumer-responsive'--
``(A) with regard to policies, means that the policies are
consistent with the principles of--
``(i) respect for individual dignity, personal
responsibility, self-determination, and pursuit of
meaningful careers, based on informed choice, of
individuals with disabilities;
``(ii) respect for the privacy, rights, and equal
access (including the use of accessible formats) of such
individuals;
``(iii) inclusion, integration, and full participation
of such individuals in society;
``(iv) support for the involvement in decisions of a
family member, a guardian, an advocate, or an authorized
representative, if an individual with a disability
requests, desires, or needs such involvement; and
``(v) support for individual and systems advocacy and
community involvement; and
``(B) with respect to an entity, program, or activity,
means that the entity, program, or activity--
``(i) is easily accessible to, and usable by,
individuals with disabilities and, when appropriate, their
family members, guardians, advocates, or authorized
representatives;
``(ii) responds to the needs of individuals with
disabilities in a timely and appropriate manner; and
``(iii) facilitates the full and meaningful
participation of individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives, in--
``(I) decisions relating to the provision of
assistive technology devices and assistive technology
services to such individuals; and
``(II) decisions related to the maintenance,
improvement, and evaluation of the comprehensive
statewide program of technology-related assistance,
including decisions that affect capacity building and
advocacy activities.
``(9) Disability.--The term `disability' has the meaning given
the term under section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102).
``(10) Individual with a disability.--The term `individual with
a disability' means any individual--
``(A) who has a disability; and
``(B) who is or would be enabled by an assistive technology
device or an assistive technology service to minimize
deterioration in functioning, to maintain a level of
functioning, or to achieve a greater level of functioning in
any major life activity.
``(11) Institution of higher education.--The term `institution
of higher education' has the meaning given such term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), and
includes a community college receiving funding under the Tribally
Controlled Colleges and Universities Assistance Act of 1978 (25
U.S.C. 1801 et seq.).
``(12) Protection and advocacy services.--The term `protection
and advocacy services' means services that--
``(A) are described in subtitle C of title I of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000 (42 U.S.C. 15041 et seq.), the Protection and Advocacy for
Individuals with Mental Illness Act (42 U.S.C. 10801 et seq.),
or section 509 of the Rehabilitation Act of 1973 (29 U.S.C.
794e); and
``(B) assist individuals with disabilities with respect to
assistive technology devices and assistive technology services.
``(13) Secretary.--The term `Secretary' means the Secretary of
Health and Human Services, acting through the Administrator of the
Administration for Community Living.
``(14) State.--
``(A) In general.--Except as provided in subparagraph (B),
the term `State' means each of the 50 States of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
``(B) Outlying areas.--In section 4(b):
``(i) Outlying area.--The term `outlying area' means
the United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
``(ii) State.--The term `State' does not include the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(15) State assistive technology program.--The term `State
assistive technology program' means a program authorized under
section 4.
``(16) Targeted individuals and entities.--The term `targeted
individuals and entities' means--
``(A) individuals with disabilities and their family
members, guardians, advocates, and authorized representatives;
``(B) underrepresented populations;
``(C) individuals who work for public or private entities
(including centers for independent living described in part C
of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f
et seq.), insurers, or managed care providers) that have
contact with, or provide services to, individuals with
disabilities;
``(D) educators and related services personnel, including
personnel in elementary, secondary, and postsecondary schools,
and in vocational and early intervention programs;
``(E) technology experts (including web designers and
procurement officials);
``(F) health, allied health, and rehabilitation
professionals, and employees of hospitals, skilled nursing,
intermediate care, and assisted living facilities (including
discharge planners);
``(G) employers, especially small business employers, and
providers of employment and training services;
``(H) entities that manufacture or sell assistive
technology devices;
``(I) entities that carry out community programs designed
to develop essential community services in rural and urban
areas; and
``(J) other appropriate individuals and entities, including
public and private entities involved in housing and
transportation, as determined for a State by the State.
``(17) Underrepresented population.--The term `underrepresented
population' means a population that is typically underrepresented
in service provision, and includes populations such as individuals
who have low-incidence disabilities, racial and ethnic minorities,
low income individuals, homeless individuals (including children
and youth), children in foster care, individuals with limited
English proficiency, individuals living in institutions seeking to
transition to the community from institutional settings, youth with
disabilities aging into adulthood, older individuals, or
individuals living in rural areas.
``(18) Universal design.--The term `universal design' means a
concept or philosophy for designing and delivering products and
services that are usable by people with the widest possible range
of functional capabilities, which include products and services
that are directly accessible (without requiring assistive
technologies) and products and services that are interoperable with
assistive technologies.
``SEC. 4. GRANTS FOR STATE ASSISTIVE TECHNOLOGY PROGRAMS.
``(a) Grants to States.--The Secretary shall award grants under
subsection (b) to States to maintain a comprehensive statewide program
of assistive technology-related assistance described in subsection (e)
through State assistive technology programs that are designed to--
``(1) maximize the ability of individuals with disabilities
across the human lifespan and across the wide array of
disabilities, and their family members, guardians, advocates, and
authorized representatives, to obtain assistive technology; and
``(2) increase access to assistive technology.
``(b) Amount of Financial Assistance.--
``(1) In general.--From funds made available to carry out this
section, the Secretary shall award a grant to each State, and
outlying area, that meets the requirements of this section from an
allotment determined in accordance with paragraph (2).
``(2) Calculation of state grants.--
``(A) Base year.--Except as provided in subparagraphs (B)
and (C), the Secretary shall allot to each State and outlying
area for a fiscal year an amount that is not less than the
amount the State or outlying area received under the grants
provided under section 4 of this Act (as in effect on the day
before the effective date of the 21st Century Assistive
Technology Act) for fiscal year 2022.
``(B) Ratable reduction.--
``(i) In general.--If funds made available to carry out
this section for any fiscal year are insufficient to make
the allotments required for each State and outlying area
under subparagraph (A) for such fiscal year, the Secretary
shall ratably reduce the allotments for such fiscal year.
``(ii) Additional funds.--If, after the Secretary makes
the reductions described in clause (i), additional funds
become available to carry out this section for the fiscal
year, the Secretary shall ratably increase the allotments,
until the Secretary has allotted the entire base year
amount under subparagraph (A).
``(C) Appropriation higher than base year amount.--For a
fiscal year for which the amount of funds made available to
carry out this section is greater than the base year amount
under subparagraph (A) and no greater than $40,000,000, the
Secretary shall--
``(i) make the allotments described in subparagraph
(A);
``(ii) from a portion of the remainder of the funds
after the Secretary makes the allotments described in
clause (i), the Secretary shall--
``(I) from 50 percent of the portion, allot to each
State an equal amount; and
``(II) from 50 percent of the portion, allot to
each State an amount that bears the same relationship
to such 50 percent as the population of the State bears
to the population of all States,
until each State has received an allotment of not less than
$410,000 under clause (i) and this clause; and
``(iii) from the remainder of the funds after the
Secretary makes the allotments described in clause (ii),
the Secretary shall--
``(I) from 80 percent of the remainder, allot to
each State an amount that bears the same relationship
to such 80 percent as the population of the State bears
to the population of all States; and
``(II) from 20 percent of the remainder, allot to
each State an equal amount.
``(D) Appropriation higher than threshold amount.--For a
fiscal year for which the amount of funds made available to
carry out this section is $40,000,000 or greater, the Secretary
shall--
``(i) make the allotments described in subparagraph
(A);
``(ii) from the funds remaining after the allotment
described in clause (i), allot to each outlying area an
amount of such funds until each outlying area has received
an allotment of exactly $150,000 under clause (i) and this
clause;
``(iii) from a portion of the remainder of the funds
after the Secretary makes the allotments described in
clauses (i) and (ii), the Secretary shall--
``(I) from 50 percent of the portion, allot to each
State an equal amount; and
``(II) from 50 percent of the portion, allot to
each State an amount that bears the same relationship
to such 50 percent as the population of the State bears
to the population of all States,
until each State has received an allotment of not less than
$450,000 under clause (i) and this clause; and
``(iv) from the remainder of the funds after the
Secretary makes the allotments described in clause (iii),
the Secretary shall--
``(I) from 80 percent of the remainder, allot to
each State an amount that bears the same relationship
to such 80 percent as the population of the State bears
to the population of all States; and
``(II) from 20 percent of the remainder, allot to
each State an equal amount.
``(3) Availability of funds.--Amounts made available for a
fiscal year under this section shall be available for the fiscal
year and the year following the fiscal year.
``(c) Lead Agency, Implementing Entity, and Advisory Council.--
``(1) Lead agency and implementing entity.--
``(A) Lead agency.--
``(i) In general.--The Governor of a State shall
designate a public agency as a lead agency--
``(I) to control and administer the funds made
available through the grant awarded to the State under
this section; and
``(II) to submit the application described in
subsection (d) on behalf of the State, to ensure
conformance with Federal and State accounting
requirements.
``(ii) Duties.--The duties of the lead agency shall
include--
``(I) preparing the application described in
subsection (d) and carrying out State activities
described in that application, including making
programmatic and resource allocation decisions
necessary to implement the comprehensive statewide
program of technology-related assistance;
``(II) coordinating the activities of the
comprehensive statewide program of technology-related
assistance among public and private entities, including
coordinating efforts related to entering into
interagency agreements and maintaining and evaluating
the program; and
``(III) coordinating efforts, in a way that
acknowledges the demographic characteristics of
individuals, related to the active, timely, and
meaningful participation by individuals with
disabilities and their family members, guardians,
advocates, or authorized representatives, and other
appropriate individuals, with respect to activities
carried out through the grant.
``(B) Implementing entity.--The Governor may designate an
agency, office, or other entity to carry out State activities
under this section (referred to in this section as the
`implementing entity'), if such implementing entity is
different from the lead agency. The implementing entity shall
carry out responsibilities under this Act through a subcontract
or another administrative agreement with the lead agency.
``(C) Change in agency or entity.--
``(i) In general.--On obtaining the approval of the
Secretary--
``(I) the Governor may redesignate the lead agency
of a State, if the Governor shows to the Secretary, in
accordance with subsection (d)(2)(B), good cause why
the agency designated as the lead agency should not
serve as that agency; and
``(II) the Governor may redesignate the
implementing entity of a State, if the Governor shows
to the Secretary in accordance with subsection
(d)(2)(B), good cause why the entity designated as the
implementing entity should not serve as that entity.
``(ii) Construction.--Nothing in this paragraph shall
be construed to require the Governor of a State to change
the lead agency or implementing entity of the State to an
agency other than the lead agency or implementing entity of
such State as of the date of enactment of the `21st Century
Assistive Technology Act'.
``(2) Advisory council.--
``(A) In general.--There shall be established an advisory
council to provide consumer-responsive, consumer-driven advice
to the State for planning, implementation, and evaluation of
the activities carried out through the grant, including setting
the measurable goals described in subsection (d)(3)(C).
``(B) Composition and representation.--
``(i) Composition.--The advisory council shall be
composed of--
``(I) individuals with disabilities who use
assistive technology or the family members or guardians
of the individuals;
``(II) a representative of the designated State
agency, as defined in section 7 of the Rehabilitation
Act of 1973 (29 U.S.C. 705);
``(III) a representative of the designated State
agency for individuals who are blind or that provides
assistance or services to adults who are blind (within
the meaning of section 101 of that Act (29 U.S.C.
721)), if such agency is separate from the agency
described in subclause (II);
``(IV) a representative of a State center for
independent living described in part C of title VII of
the Rehabilitation Act of 1973 (29 U.S.C. 796f et
seq.), or the Statewide Independent Living Council
established under section 705 of such Act (29 U.S.C.
796d);
``(V) a representative of the State workforce
development board established under section 101 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3111);
``(VI) a representative of the State educational
agency, as defined in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801);
``(VII) a representative of an alternative
financing program for assistive technology if--
``(aa) there is an alternative financing
program for assistive technology in the State;
``(bb) such program is separate from the State
assistive technology program supported under
subsection (e)(2); and
``(cc) the program described in item (aa) is
operated by a nonprofit entity;
``(VIII) a representative of 1 or more of--
``(aa) the agency responsible for administering
the State Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.);
``(bb) the designated State agency for purposes
of section 124 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15024);
``(cc) the State agency designated under
section 305(a)(1) of the Older Americans Act of
1965 (42 U.S.C. 3025(a)(1)), or an organization
that receives assistance under such Act (42 U.S.C.
3001 et seq.);
``(dd) an organization representing disabled
veterans;
``(ee) a University Center for Excellence in
Developmental Disabilities Education, Research, and
Service designated under section 151(a) of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15061(a));
``(ff) the State protection and advocacy system
established in accordance with section 143 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15043); or
``(gg) the State Council on Developmental
Disabilities established under section 125 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15025); and
``(IX) representatives of other State agencies,
public agencies, or private organizations, as
determined by the State.
``(ii) Majority.--
``(I) In general.--Not less than 51 percent of the
members of the advisory council shall be members
appointed under clause (i)(I), a majority of whom shall
be individuals with disabilities.
``(II) Representatives of agencies.--Members
appointed under subclauses (II) through (IX) of clause
(i) shall not count toward the majority membership
requirement established in subclause (I).
``(iii) Representation.--The advisory council shall be
geographically representative of the State and reflect the
diversity of the State with respect to race, ethnicity,
age, and types of disabilities, and users of types of
services that an individual with a disability may receive,
including home and community-based services (as defined in
section 9817(a)(2) of the American Rescue Plan Act of 2021
(42 U.S.C. 1396d note)), vocational rehabilitation services
(as defined in section 7 of the Rehabilitation Act of 1973
(29 U.S.C. 705)), and services through the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
``(C) Expenses.--The members of the advisory council shall
receive no compensation for their service on the advisory
council, but shall be reimbursed for reasonable and necessary
expenses actually incurred in the performance of official
duties for the advisory council.
``(D) Impact on existing statutes, rules, or policies.--
Nothing in this paragraph shall be construed to affect State
statutes, rules, or official policies relating to advisory
bodies for State assistive technology programs or require
changes to governing bodies of incorporated agencies that carry
out State assistive technology programs.
``(d) Application.--
``(1) In general.--Any State that desires to receive a grant
under this section shall submit an application to the Secretary, at
such time, in such manner, and containing such information as the
Secretary may require.
``(2) Lead agency and implementing entity.--
``(A) In general.--The application shall contain--
``(i) information identifying and describing the lead
agency referred to in subsection (c)(1)(A);
``(ii) information identifying and describing the
implementing entity referred to in subsection (c)(1)(B), if
the Governor of the State designates such an entity; and
``(iii) a description of how individuals with
disabilities were involved in the development of the
application and will be involved in the implementation of
the activities to be carried out through the grant and
through the advisory council established in accordance with
subsection (c)(2).
``(B) Change in lead agency or implementing entity.--In any
case where--
``(i) the Governor requests to redesignate a lead
agency, the Governor shall include in, or amend, the
application to request the redesignation and provide a
written description of the rationale for the requested
change; or
``(ii) the Governor requests to redesignate an
implementing entity, the Governor shall include in, or
amend, the application to request the redesignation and
provide a written description of the rationale for the
requested change.
``(3) State plan.--The application under this subsection shall
include a State plan for assistive technology consisting of--
``(A) a description of how the State will carry out a
comprehensive statewide program that provides assistive
technology activities described in subsection (e) (unless
excluded by the State pursuant to subsection (e)(5));
``(B) a description of how the State will allocate and
utilize grant funds to implement the activities described in
subparagraph (A), including describing proposed budget
allocations and planned procedures for tracking expenditures
for the activities;
``(C) measurable goals, and a timeline for meeting the
goals, that the State has set for addressing the assistive
technology needs of individuals with disabilities in the State
related to--
``(i) education, including goals involving the
provision of assistive technology to individuals with
disabilities who receive services under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.);
``(ii) employment, including goals involving the State
vocational rehabilitation program carried out under title I
of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
``(iii) access to teleassistive technology to aid in
the access of health care services, including mental health
and substance use disorder services;
``(iv) accessible information and communication
technology instruction for individuals with disabilities
receiving assistive technology under this section; and
``(v) community living;
``(D) information describing how the State will
quantifiably measure the goals, in a manner consistent with the
data submitted through the progress reports under subsection
(f), to determine whether the goals have been achieved; and
``(E) a description of any activities described in
subsection (e) that the State will support with State or other
non-Federal funds.
``(4) Involvement of public and private entities.--The
application shall describe how various public and private entities,
including individuals with disabilities and their families, were
involved in the development of the application, including the
measurable goals and timeline described in paragraph (3)(C) and the
description of how the goals will be quantifiably measured
described in paragraph (3)(D), and will be involved in the
implementation of the activities to be carried out through the
grant, including--
``(A) in cases determined to be appropriate by the State, a
description of the nature and extent of resources that will be
committed by public and private partners to assist in
accomplishing identified goals; and
``(B) a description of the mechanisms established to ensure
coordination of activities and collaboration between the
implementing entity, if any, and the State.
``(5) Assurances.--The application shall include assurances
that--
``(A) the State will annually collect data related to the
required activities implemented by the State under this section
in order to prepare the progress reports required under
subsection (f);
``(B) funds received through the grant--
``(i) will be expended in accordance with this section;
and
``(ii) will be used to supplement, and not supplant,
funds available from other sources for technology-related
assistance, including the provision of assistive technology
devices and assistive technology services;
``(C) the lead agency will control and administer the funds
received through the grant;
``(D) the State will adopt such fiscal control and
accounting procedures as may be necessary to ensure proper
disbursement of and accounting for the funds received through
the grant;
``(E) the physical facility of the lead agency and
implementing entity, if any, meets the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) regarding accessibility for individuals with
disabilities;
``(F) a public agency or an individual with a disability
holds title to any property purchased with funds received under
the grant and administers that property;
``(G) activities carried out in the State that are
authorized under this Act, and supported by Federal funds
received under this Act, will comply with the standards
established by the Architectural and Transportation Barriers
Compliance Board under section 508 of the Rehabilitation Act of
1973 (29 U.S.C. 794d); and
``(H) the State will--
``(i) prepare reports to the Secretary in such form and
containing such information as the Secretary may require to
carry out the Secretary's functions under this Act; and
``(ii) keep such records and allow access to such
records as the Secretary may require to ensure the
correctness and verification of information provided to the
Secretary under this subparagraph.
``(e) Use of Funds.--
``(1) Required activities.--
``(A) In general.--Except as provided in subparagraph (B)
and paragraph (5), any State that receives a grant under this
section shall--
``(i) use a portion of not more than 40 percent of the
funds made available through the grant to carry out all
activities described in paragraph (3), of which not less
than 5 percent of such portion shall be available for
activities described in paragraph (3)(A)(iii); and
``(ii) use a portion of the funds made available
through the grant to carry out all of the activities
described in paragraph (2).
``(B) State or other non-federal financial support.--A
State receiving a grant under this section shall not be
required to use grant funds to carry out the category of
activities described in subparagraph (A), (B), (C), or (D) of
paragraph (2) in that State if, for such category of
activities, financial support is provided in that State--
``(i) from State or other non-Federal resources or
entities; and
``(ii) in an amount that is comparable to, or greater
than, the amount of the portion of the funds made available
through the grant that the State would have expended for
such category of activities, in the absence of this
subparagraph.
``(2) State-level activities.--
``(A) State financing activities.--The State shall support
State financing activities to increase access to, and funding
for, assistive technology devices and assistive technology
services (which shall not include direct payment for such a
device or service for an individual with a disability but may
include support and administration of a program to provide such
payment), including development of systems to provide and pay
for such devices and services, for targeted individuals and
entities described in section 3(16)(A), including--
``(i) support for the development of systems for the
purchase, lease, or other acquisition of, or payment for,
assistive technology devices and assistive technology
services;
``(ii) another mechanism that is approved by the
Secretary; or
``(iii) support for the development of a State-financed
or privately financed alternative financing program engaged
in the provision of assistive technology devices, such as--
``(I) a low-interest loan fund;
``(II) an interest buy-down program;
``(III) a revolving loan fund; or
``(IV) a loan guarantee or insurance program.
``(B) Device reutilization programs.--The State shall
directly, or in collaboration with public or private entities,
carry out assistive technology device reutilization programs
that provide for the exchange, repair, recycling, or other
reutilization of assistive technology devices, which may
include redistribution through device sales, loans, rentals, or
donations.
``(C) Device loan programs.--The State shall directly, or
in collaboration with public or private entities, carry out
device loan programs that provide short-term loans of assistive
technology devices to individuals, employers, public agencies,
or others seeking to meet the needs of targeted individuals and
entities, including others seeking to comply with the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.), the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), and section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794).
``(D) Device demonstrations.--
``(i) In general.--The State shall directly, or in
collaboration with public and private entities, such as
one-stop partners, as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102),
demonstrate a variety of assistive technology devices and
assistive technology services (including assisting
individuals in making informed choices regarding, and
providing experiences with, the devices and services),
using personnel who are familiar with such devices and
services and their applications.
``(ii) Comprehensive information.--The State shall
directly, or through referrals, provide to individuals, to
the extent practicable, comprehensive information about
State and local assistive technology venders, providers,
and repair services.
``(3) State leadership activities.--
``(A) Educational activities and technical assistance.--
``(i) In general.--The State shall, directly or through
the provision of support to public or private entities with
demonstrated expertise in collaborating with public or
private agencies that serve individuals with disabilities,
develop and disseminate training materials, conduct
educational activities, and provide technical assistance,
for individuals statewide, including representatives of
State and local educational agencies, State vocational
rehabilitation programs, other State and local agencies,
early intervention programs, adult service programs,
hospitals and other health care facilities, institutions of
higher education, and businesses.
``(ii) Authorized activities.--In carrying out
activities under clause (i), the State shall carry out
activities that enhance the knowledge, skills, and
competencies of individuals from local settings described
in such clause, which may include--
``(I) raising awareness and providing instruction
on the benefits of assistive technology and the
Federal, State, and private funding sources available
to assist targeted individuals and entities in
acquiring assistive technology;
``(II) skills development in assessing the need for
assistive technology devices and assistive technology
services;
``(III) instruction to ensure the appropriate
application and use of assistive technology devices,
assistive technology services, and accessible
information and communication technology for e-
government functions;
``(IV) instruction in the importance of multiple
approaches to assessment and implementation necessary
to meet the individualized needs of individuals with
disabilities; and
``(V) technical instruction on integrating
assistive technology into the development and
implementation of service plans, including any
education, health, discharge, Olmstead, employment, or
other plan required under Federal or State law.
``(iii) Transition assistance to individuals with
disabilities.--The State shall (directly or through the
provision of support to public or private entities) develop
and disseminate educational materials, conduct educational
activities, facilitate access to assistive technology, and
provide technical assistance, to assist--
``(I) students with disabilities, within the
meaning of the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), that receive transition
services; and
``(II) adults who are individuals with disabilities
maintaining or transitioning to community living.
``(B) Public-awareness activities.--
``(i) In general.--The State shall conduct public-
awareness activities designed to provide information to
targeted individuals and entities relating to the
availability, benefits, appropriateness, and costs of
assistive technology devices and assistive technology
services, including--
``(I) the development of procedures for providing
direct communication between providers of assistive
technology and targeted individuals and entities, which
may include partnerships with entities in the statewide
and local workforce development systems established
under the Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.), State vocational rehabilitation
programs, public and private employers, centers for
independent living described in part C of title VII of
the Rehabilitation Act of 1973 (29 U.S.C. 796f et
seq.), Aging and Disability Resource Centers (as
defined in section 102 of the Older Americans Act of
1965 (42 U.S.C. 3002)), or elementary schools and
secondary schools (as defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801));
``(II) the development and dissemination, to
targeted individuals and entities, of information about
State efforts related to assistive technology; and
``(III) the distribution of materials to
appropriate public and private agencies that provide
social, medical, educational, employment, housing, and
transportation services to individuals with
disabilities.
``(ii) Statewide information and referral system.--
``(I) In general.--The State shall directly, or in
collaboration with public or private entities
(including nonprofit organizations), provide for the
continuation and enhancement of a statewide information
and referral system designed to meet the needs of
targeted individuals and entities.
``(II) Content.--The system shall deliver
information on assistive technology devices, assistive
technology services (with specific data regarding
provider availability within the State), and the
availability of resources, including funding through
public and private sources, to obtain assistive
technology devices and assistive technology services.
The system shall also deliver information on the
benefits of assistive technology devices and assistive
technology services with respect to enhancing the
capacity of individuals with disabilities to perform
activities of daily living.
``(C) Coordination and collaboration.--The State shall
coordinate activities described in paragraph (2) and this
paragraph, among public and private entities that are
responsible for policies, procedures, or funding for the
provision of assistive technology devices and assistive
technology services to improve access to such devices and
services in the State.
``(4) Funding rules.--
``(A) Prohibition.--Funds made available through a grant to
a State under this section shall not be used for direct payment
for an assistive technology device for an individual with a
disability.
``(B) Federal partner collaboration.--In order to
coordinate efforts regarding the availability of funding to
access and acquire assistive technology through device
demonstration, loan, reuse, and State financing activities, a
State receiving a grant under this section shall ensure that
the lead agency or implementing entity is conducting outreach
to and, as appropriate, collaborating with, other State
agencies that receive Federal funding for assistive technology,
including--
``(i) the State educational agency receiving assistance
under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.);
``(ii) the State vocational rehabilitation agency
receiving assistance under title I of the Rehabilitation
Act of 1973 (29 U.S.C. 720 et seq.);
``(iii) the agency responsible for administering the
State Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.);
``(iv) the State agency receiving assistance under the
Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); and
``(v) any other agency in a State that funds assistive
technology.
``(C) Indirect costs.--Not more than 10 percent of the
funds made available through a grant to a State under this
section may be used for indirect costs.
``(5) State flexibility.--
``(A) In general.--Notwithstanding paragraph (1)(A) and
subject to subparagraph (B), a State may use funds that the
State receives under a grant awarded under this section to
carry out any 2 or more of the activities described in
paragraph (2).
``(B) Special rule.--Notwithstanding paragraph (1)(A), any
State that exercises its authority under subparagraph (A)--
``(i) shall carry out each of the required activities
described in paragraph (3); and
``(ii) shall use not more than 30 percent of the funds
made available through the grant to carry out such
activities.
``(6) Assistive technology device disposition.--Notwithstanding
other equipment disposition policy under Federal law, an assistive
technology device purchased to be used in activities authorized
under this section may be reutilized to the maximum extent possible
and then donated to a public agency, private nonprofit agency, or
individual with a disability in need of such device.
``(f) Annual Progress Reports.--
``(1) Data collection.--Each State receiving a grant under this
section shall participate in data collection as required by law,
including data collection required for preparation of the reports
described in paragraph (2).
``(2) Reports.--
``(A) In general.--Each State shall prepare and submit to
the Secretary an annual progress report on the activities
carried out by the State in accordance with subsection (e),
including activities funded by State or other non-Federal
sources under subsection (e)(1)(B) at such time, and in such
manner, as the Secretary may require.
``(B) Contents.--The report shall include data collected
pursuant to this section. The report shall document, with
respect to activities carried out under this section in the
State--
``(i) the type of State financing activities described
in subsection (e)(2)(A) used by the State;
``(ii) the amount and type of assistance given to
consumers of the State financing activities described in
subsection (e)(2)(A) (which shall be classified by type of
assistive technology device or assistive technology service
financed through the State financing activities, and
geographic distribution within the State), including--
``(I) the number of applications for assistance
received;
``(II) the number of applications--
``(aa) approved;
``(bb) denied; or
``(cc) withdrawn;
``(III) the number, percentage, and dollar amount
of defaults for the financing activities;
``(IV) the range and average interest rate for the
financing activities;
``(V) the range and average income of approved
applicants for the financing activities; and
``(VI) the types and dollar amounts of assistive
technology financed;
``(iii) the number, type, and length of time of loans
of assistive technology devices provided to individuals
with disabilities, employers, public agencies, or public
accommodations through the device loan program described in
subsection (e)(2)(C), and an analysis of the types of such
devices provided through the program, and how each device
benefitted the individual who received such device;
``(iv) the number, type, estimated value, and scope of
assistive technology devices exchanged, repaired, recycled,
or reutilized (including redistributed through device
sales, loans, rentals, or donations) through the device
reutilization program described in subsection (e)(2)(B),
and an analysis of the individuals with disabilities who
have benefited from the device reutilization program;
``(v) the number and type of device demonstrations and
referrals provided under subsection (e)(2)(D), and an
analysis of individuals with disabilities who have
benefited from the demonstrations and referrals;
``(vi)(I) the number and general characteristics of
individuals who participated in educational activities
under subsection (e)(3)(A) (such as individuals with
disabilities, parents, educators, employers, providers of
employment services, health care workers, counselors, other
service providers, or venders) and the topics of such
educational activities; and
``(II) to the extent practicable, the geographic
distribution of individuals who participated in the
educational activities;
``(vii) the frequency of provision and nature of
technical assistance provided to State and local agencies
and other entities;
``(viii) the number of individuals assisted through the
statewide information and referral system described in
subsection (e)(3)(B)(ii) and descriptions of the public
awareness activities under subsection (e)(3)(B);
``(ix) the outcomes of any improvement initiatives
carried out by the State as a result of activities funded
under this section, including a description of any written
policies, practices, and procedures that the State has
developed and implemented regarding access to, provision
of, and funding for, assistive technology devices, and
assistive technology services, in the contexts of
education, health care, employment, community living, and
accessible information and communication technology,
including e-government;
``(x) the source of leveraged funding or other
contributed resources, including resources provided through
subcontracts or other collaborative resource-sharing
agreements, from and with public and private entities to
carry out State activities described in subsection
(e)(3)(C), the number of individuals served with the
contributed resources for which information is not reported
under clauses (i) through (ix) or clause (xi), and other
outcomes accomplished as a result of such activities
carried out with the contributed resources; and
``(xi) the level of customer satisfaction with the
services provided.
``SEC. 5. GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED TO
ASSISTIVE TECHNOLOGY.
``(a) Grants.--
``(1) In general.--The Secretary shall make grants under
subsection (b) to protection and advocacy systems in each State for
the purpose of enabling such systems to assist in the acquisition,
utilization, or maintenance of assistive technology devices or
assistive technology services for individuals with disabilities.
``(2) General authorities.--In providing the assistance
described under paragraph (1), protection and advocacy systems
shall have the same general authorities as the systems are afforded
under subtitle C of title I of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et
seq.).
``(b) Reservation; Distribution.--
``(1) Reservation.--For each fiscal year, the Secretary shall
reserve, from the amounts made available to carry out this section
under section 9(b)(2)(B), such sums as may be necessary to carry
out paragraph (4).
``(2) Population basis.--From the amounts appropriated to carry
out this section for a fiscal year that remain after the
reservation required under paragraph (1) has been made, the
Secretary shall make a grant to a protection and advocacy system
within each State in an amount bearing the same ratio to the
remaining amounts as the population of the State bears to the
population of all States.
``(3) Minimums.--Subject to the availability of appropriations
and paragraph (5), the amount of a grant to a protection and
advocacy system under paragraph (2) for a fiscal year shall--
``(A) in the case of a protection and advocacy system
located in American Samoa, Guam, the United States Virgin
Islands, or the Commonwealth of the Northern Mariana Islands,
not be less than $30,000; and
``(B) in the case of a protection and advocacy system
located in a State not described in subparagraph (A), not be
less than $50,000.
``(4) Payment to the system serving the american indian
consortium.--
``(A) In general.--The Secretary shall make grants to the
protection and advocacy system serving the American Indian
consortium to provide services in accordance with this section.
``(B) Amount of grants.--The amount of a grant under
subparagraph (A) shall be the same as the amount provided under
paragraph (3)(A).
``(5) Adjustments.--For each fiscal year for which the total
amount appropriated under section 9(b)(2)(B) to carry out this
section is $8,000,000 or more and such appropriated amount exceeds
the total amount appropriated to carry out this section for the
preceding fiscal year, the Secretary shall increase each of the
minimum grant amounts described in subparagraphs (A) and (B) of
paragraph (3) and paragraph (4)(B) by a percentage equal to the
percentage increase in the total amount appropriated under section
9 to carry out this section for the preceding fiscal year and such
total amount for the fiscal year for which the determination is
being made.
``(c) Direct Payment.--Notwithstanding any other provision of law,
the Secretary shall pay directly to any protection and advocacy system
that complies with this section, the total amount of the grant made for
such system under this section, unless the system provides otherwise
for payment of the grant amount.
``(d) Carryover; Program Income.--
``(1) Carryover.--Any amount paid to a protection and advocacy
system for a fiscal year under this section that remains
unobligated at the end of such fiscal year shall remain available
to such system for obligation during the subsequent fiscal year.
``(2) Program income.--Program income generated from any amount
paid to a protection and advocacy system for a fiscal year shall--
``(A) remain available to the protection and advocacy
system for 5 additional fiscal years after the year in which
such amount was paid to the protection and advocacy system and
be considered an addition to the grant; and
``(B) only be used to improve the awareness of individuals
with disabilities about the accessibility of assistive
technology and assist such individuals in the acquisition,
utilization, or maintenance of assistive technology devices or
assistive technology services.
``(e) Report to Secretary.--A protection and advocacy system that
receives a grant under this section shall annually prepare and submit
to the Secretary a report that contains documentation of the progress
of the protection and advocacy system in--
``(1) conducting consumer-responsive activities, including
activities that will lead to increased access for individuals with
disabilities to funding for assistive technology devices and
assistive technology services;
``(2) engaging in informal advocacy to assist in securing
assistive technology devices and assistive technology services for
individuals with disabilities;
``(3) engaging in formal representation for individuals with
disabilities to secure systems change, and in advocacy activities
to secure assistive technology devices and assistive technology
services for individuals with disabilities;
``(4) developing and implementing strategies to enhance the
long-term abilities of individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives to advocate the provision of assistive technology
devices and assistive technology services to which the individuals
with disabilities are entitled under law other than this Act;
``(5) coordinating activities with protection and advocacy
services funded through sources other than this Act, and
coordinating activities with the capacity building and advocacy
activities carried out by the lead agency; and
``(6) effectively allocating funds made available under this
section to improve the awareness of individuals with disabilities
about the accessibility of assistive technology and assist such
individuals in the acquisition, utilization, or maintenance of
assistive technology devices or assistive technology services.
``(f) Reports and Updates to State Agencies.--A protection and
advocacy system that receives a grant under this section shall prepare
and submit to the lead agency of the State designated under section
4(c)(1) the report described in subsection (e) and quarterly updates
concerning the activities described in such subsection.
``(g) Coordination.--On making a grant under this section to a
protection and advocacy system in a State, the Secretary shall solicit
and consider the opinions of the lead agency of the State with respect
to efforts at coordination of activities, collaboration, and promoting
outcomes between the lead agency and the protection and advocacy system
that receives the grant under this section.
``SEC. 6. TECHNICAL ASSISTANCE AND DATA COLLECTION SUPPORT.
``(a) Definitions.--In this section:
``(1) Qualified data collection and reporting entity.--The term
`qualified data collection and reporting entity' means an entity
with demonstrated expertise in data collection and reporting as
described in section 4(f)(2)(B), in order to--
``(A) provide recipients of grants under this Act with
instruction and technical assistance; and
``(B) assist such recipients with data collection and data
requirements.
``(2) Qualified protection and advocacy system technical
assistance provider.--The term `qualified protection and advocacy
system technical assistance provider' means an entity that has
experience in--
``(A) working with protection and advocacy systems
established in accordance with section 143 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15043); and
``(B) providing technical assistance to protection and
advocacy agencies.
``(3) Qualified technical assistance provider.--The term
`qualified technical assistance provider' means an entity with
demonstrated expertise in assistive technology and that has
(directly or through grant or contract)--
``(A) experience and expertise in administering programs,
including developing, implementing, and administering all of
the activities described in section 4(e); and
``(B) documented experience in and knowledge about--
``(i) assistive technology device loan and
demonstration;
``(ii) assistive technology device reuse;
``(iii) financial loans and microlending, including the
activities of alternative financing programs for assistive
technology; and
``(iv) State leadership activities.
``(b) Technical Assistance and Data Collection Support
Authorized.--
``(1) Support for assistive technology educational activities
and technical assistance.--From amounts made available under
section 9(b)(1), the Secretary shall award, on a competitive basis,
grants, contracts, or cooperative agreements--
``(A) to qualified technical assistance providers to
support activities described in subsection (d)(1) for States
receiving grants under section 4; and
``(B) to qualified protection and advocacy system technical
assistance providers to support activities described in
subsection (d)(1) for protection and advocacy systems receiving
grants under section 5.
``(2) Support for data collection and reporting assistance.--
From amounts made available under section 9(b)(1), the Secretary
shall award, on a competitive basis, grants, contracts, or
cooperative agreements--
``(A) to qualified data collection and reporting entities,
to enable the qualified data collection and reporting entities
to carry out the activities described in subsection (d)(2) for
States receiving grants under section 4; and
``(B) to qualified protection and advocacy system technical
assistance providers, to enable the providers to carry out the
activities described in subsection (d)(2) for protection and
advocacy systems receiving grants under section 5.
``(c) Application.--
``(1) In general.--To be eligible to receive a grant, contract,
or cooperative agreement under this section, an entity shall submit
an application to the Secretary at such time, in such manner, and
containing the following information:
``(A) A description of the activities such entity will
carry out with the grant, contract, or cooperative agreement
under subsection (d).
``(B) A description of the expertise such entity has to
carry out such activities.
``(C) In the case of an entity applying to receive a grant,
contract, or cooperative agreement under subsection (b)(1), a
description of such entity's plan for complying with the
requirements described in subsection (d)(1)(B).
``(D) A description of such entity's plan to comply with
all relevant State and Federal laws, regulations, and policies
with respect to data privacy and security.
``(E) Such other information as the Secretary may require.
``(2) Input.--In developing grants, contracts, or cooperative
agreements under this section, the Secretary shall consider the
input of the recipients of grants under sections 4 and 5 and other
individuals the Secretary determines to be appropriate,
especially--
``(A) individuals with disabilities who use assistive
technology and understand the barriers to the acquisition of
such technology and assistive technology services;
``(B) family members, guardians, advocates, and authorized
representatives of such individuals;
``(C) relevant employees from Federal departments and
agencies, other than the Department of Health and Human
Services;
``(D) representatives of businesses; and
``(E) venders and public and private researchers and
developers.
``(d) Authorized Activities.--
``(1) Use of funds for assistive technology technical
assistance.--
``(A) Technical assistance efforts.--A qualified technical
assistance provider or qualified protection and advocacy system
technical assistance provider receiving a grant, contract, or
cooperative agreement under subsection (b)(1) shall support a
technical assistance program for States or protection and
advocacy systems receiving a grant under section 4 or 5,
respectively, that--
``(i) addresses State-specific information requests
concerning assistive technology from entities funded under
this Act and public entities not funded under this Act,
including--
``(I) effective approaches to Federal-State
coordination of programs for individuals with
disabilities related to improving funding for or access
to assistive technology devices and assistive
technology services for individuals with disabilities;
``(II) model State and local laws, regulations,
policies, practices, procedures, and organizational
structures, that facilitate, and overcome barriers to,
funding for, and access to, assistive technology
devices and assistive technology services;
``(III) effective approaches to developing,
implementing, evaluating, and sustaining activities
described in section 4 or 5, as the case may be, and
related to improving acquisition and access to
assistive technology devices and assistive technology
services for individuals with disabilities, and
requests for assistance in developing corrective action
plans;
``(IV) policies, practices, procedures,
regulations, or judicial decisions related to access to
and acquisition of assistive technology devices and
assistive technology services for individuals with
disabilities;
``(V) effective approaches to the development of
consumer-controlled systems that increase access to,
funding for, and awareness of, assistive technology
devices and assistive technology services; and
``(VI) other requests for information and technical
assistance from entities funded under this Act; and
``(ii) in the case of a program that will serve States
receiving grants under section 4--
``(I) assists targeted individuals and entities by
disseminating information and responding to requests
relating to assistive technology by providing referrals
to recipients of grants under section 4 or other public
or private resources; and
``(II) provides State-specific, regional, and
national technical assistance concerning assistive
technology to entities funded under this Act, and
public and private entities not funded under this Act,
including--
``(aa) annually providing a forum for
exchanging information concerning, and promoting
program and policy improvements in, required
activities of the State assistive technology
programs;
``(bb) facilitating onsite and electronic
information sharing using state-of-the-art internet
technologies such as real-time online discussions,
multipoint video conferencing, and web-based audio
or video broadcasts, on emerging topics that affect
State assistive technology programs;
``(cc) convening experts from State assistive
technology programs to discuss and make
recommendations with regard to national emerging
issues of importance to individuals with assistive
technology needs;
``(dd) sharing best practice and evidence-based
practices among State assistive technology
programs;
``(ee) developing or maintaining an accessible,
national, and public website that includes
information, tools, and resources on assistive
technology devices and assistive technology
services and links to State assistive technology
programs, appropriate Federal departments and
agencies, and private resources;
``(ff) developing a resource that connects
individuals from a State with the State assistive
technology program in their State;
``(gg) providing access to experts in the
State-level activities described in section 4(e)(2)
through site visits, teleconferences, and other
means, to ensure access to information for entities
that are carrying out new programs or programs that
are not making progress in achieving the objectives
of the programs; and
``(hh) supporting and coordinating activities
designed to reduce the financial costs of
purchasing assistive technology for the activities
described in section 4(e), and reducing duplication
of activities among State assistive technology
programs.
``(B) Collaboration.--In developing and providing technical
assistance under this paragraph, a qualified technical
assistance provider or qualified protection and advocacy system
technical assistance provider receiving a grant, contract, or
cooperative agreement under subsection (b)(1) shall--
``(i) collaborate with--
``(I) organizations representing individuals with
disabilities;
``(II) national organizations representing State
assistive technology programs;
``(III) organizations representing State officials
and agencies engaged in the delivery of assistive
technology;
``(IV) other qualified protection and advocacy
system technical assistance providers and qualified
technical assistance providers;
``(V) providers of State financing activities,
including alternative financing programs for assistive
technology;
``(VI) providers of device loans, device
demonstrations, and device reutilization; and
``(VII) any other organizations determined
appropriate by the provider or the Secretary; and
``(ii) in the case of a qualified technical assistance
provider, include activities identified as priorities by
State advisory councils and lead agencies and implementing
entities for grants under section 4.
``(2) Use of funds for assistive technology data collection and
reporting assistance.--A qualified data collection and reporting
entity or a qualified protection and advocacy system technical
assistance provider receiving a grant, contract, or cooperative
agreement under subsection (b)(2) shall assist States or protection
and advocacy systems receiving a grant under section 4 or 5,
respectively, to develop and implement effective and accessible
data collection and reporting systems that--
``(A) focus on quantitative and qualitative data elements;
``(B) help measure the impact of the activities to
individuals who need assistive technology;
``(C) in the case of systems that will serve States
receiving grants under section 4--
``(i) measure the outcomes of all activities described
in section 4(e) and the progress of the States toward
achieving the measurable goals described in section
4(d)(3)(C); and
``(ii) provide States with the necessary information
required under this Act or by the Secretary for reports
described in section 4(f)(2); and
``(D) are in full compliance with all relevant State and
Federal laws, regulations, and policies with respect to data
privacy and security.
``SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE.
``(a) Definition of Project of National Significance.--In this
section, the term `project of national significance'--
``(1) means a project that--
``(A) increases access to, and acquisition of, assistive
technology; and
``(B) creates opportunities for individuals with
disabilities to directly and fully contribute to, and
participate in, all facets of education, employment, community
living, and recreational activities; and
``(2) may--
``(A) develop and expand partnerships between State
Medicaid agencies and recipients of grants under section 4 to
reutilize durable medical equipment;
``(B) increase collaboration between the recipients of
grants under section 4 and States receiving grants under the
Money Follows the Person Rebalancing Demonstration under
section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C.
1396a note);
``(C) increase collaboration between recipients of grants
under section 4 and area agencies on aging, as such term is
defined in section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002), which may include collaboration on emergency
preparedness, safety equipment, or assistive technology
toolkits;
``(D) provide aid to assist youth with disabilities to
transition from school to adult life, especially in--
``(i) finding employment and postsecondary education
opportunities; and
``(ii) upgrading and changing any assistive technology
devices that may be needed as a youth matures;
``(E) increase access to and acquisition of assistive
technology addressing the needs of aging individuals and aging
caregivers in the community;
``(F) increase effective and efficient use of assistive
technology as part of early intervention for infants and
toddlers with disabilities from birth to age 3;
``(G) increase awareness of and access to the Disability
Funds-Financial Assistance funding provided by the Community
Development Financial Institutions Fund that supports
acquisition of assistive technology; and
``(H) increase awareness of and access to assistive
technology, such as through models described in subclauses (I)
through (IV) of section 4(e)(2)(A)(iii) and other Federally
funded disability programs.
``(b) Projects Authorized.--If funds are available pursuant to
section 9(c) to carry out this section for a fiscal year, the Secretary
may award, on a competitive basis, grants, contracts, and cooperative
agreements to public or private nonprofit entities to enable the
entities to carry out projects of national significance.
``(c) Application.--A public or private nonprofit entity desiring a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and containing a description of the
project of national significance the entity proposes to carry out under
this section.
``(d) Award Preference.--For each grant award period, the Secretary
may give preference for 1 or more categories of projects of national
significance described in subparagraphs (A) through (H) of subsection
(a)(2).
``(e) Minimum Funding Level Required.--The Secretary may only award
grants, contracts, or cooperative agreements under this section if the
amount made available under section 9 to carry out sections 4, 5, and 6
is equal to or greater than $49,000,000.
``SEC. 8. ADMINISTRATIVE PROVISIONS.
``(a) General Administration.--
``(1) In general.--Notwithstanding any other provision of law,
the Administrator of the Administration for Community Living of the
Department of Health and Human Services (referred to in this
section as the `Administrator') shall be responsible for the
administration of this Act.
``(2) Collaboration.--The Administrator shall consult with the
Office of Special Education Programs of the Department of
Education, the Rehabilitation Services Administration of the
Department of Education, the Office of Disability Employment Policy
of the Department of Labor, and other appropriate Federal entities
in the administration of this Act.
``(3) Administration.--
``(A) In general.--In administering this Act, the
Administrator shall ensure that programs funded under this Act
will address--
``(i) the needs of individuals with all types of
disabilities and across the lifespan; and
``(ii) the use of assistive technology in all potential
environments, including employment, education, and
community living.
``(B) Funding limitations.--For each fiscal year, not more
than \1/2\ of 1 percent of the total funding appropriated for
this Act shall be used by the Administrator to support the
administration of this Act.
``(b) Review of Participating Entities.--
``(1) In general.--The Secretary shall assess the extent to
which entities that receive grants under this Act are complying
with the applicable requirements of this Act and achieving
measurable goals that are consistent with the requirements of the
grant programs under which the entities received the grants.
``(2) Provision of information.--To assist the Secretary in
carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information, including the information required under subsection
(d).
``(c) Corrective Action and Sanctions.--
``(1) Corrective action.--If the Secretary determines that an
entity that receives a grant under this Act fails to substantially
comply with the applicable requirements of this Act, or to make
substantial progress toward achieving the measurable goals
described in subsection (b)(1) with respect to the grant program,
the Secretary shall assist the entity, through technical assistance
funded under section 6 or other means, within 90 days after such
determination, to develop a corrective action plan.
``(2) Sanctions.--If the entity fails to develop and comply
with a corrective action plan described in paragraph (1) during a
fiscal year, the entity shall be subject to 1 of the following
corrective actions selected by the Secretary:
``(A) Partial or complete termination of funding under the
grant program, until the entity develops and complies with such
a plan.
``(B) Ineligibility to participate in the grant program in
the following fiscal year.
``(C) Reduction in the amount of funding that may be used
for indirect costs under section 4 for the following fiscal
year.
``(D) Required redesignation of the lead agency designated
under section 4(c)(1) or an entity responsible for
administering the grant program.
``(3) Appeals procedures.--The Secretary shall establish
appeals procedures for entities that are determined to be in
noncompliance with the applicable requirements of this Act, or have
not made substantial progress toward achieving the measurable goals
described in subsection (b)(1).
``(4) Secretarial action.--As part of the annual report
required under subsection (d), the Secretary shall describe each
such action taken under paragraph (1) or (2) and the outcomes of
each such action.
``(5) Public notification.--Not later than 30 days after taking
an action under paragraph (1) or (2), the Secretary shall notify
the public, by posting on an easily accessible portion of the
internet website of the Department of Health and Human Services,
notification of each action taken by the Secretary under paragraph
(1) or (2). As a part of such notification, the Secretary shall
describe each such action taken under paragraph (1) or (2) and the
outcomes of each such action.
``(d) Annual Report to Congress.--
``(1) In general.--Not later than December 31 of each year, the
Secretary shall prepare and submit to the President, the Committee
on Health, Education, Labor, and Pensions of the Senate, and the
Committee on Education and Labor of the House of Representatives a
report on the activities funded under this Act to improve the
access of assistive technology devices and assistive technology
services to individuals with disabilities.
``(2) Contents.--Each report described in paragraph (1) shall
include--
``(A) a compilation and summary of the information provided
by the States in annual progress reports submitted under
section 4(f); and
``(B) a summary of the State applications described in
section 4(d) and an analysis of the progress of the States in
meeting the measurable goals established in State applications
under section 4(d)(3)(C).
``(e) Construction.--Nothing in this section shall be construed to
affect the enforcement authority of the Secretary, another Federal
officer, or a court under any other applicable law.
``(f) Effect on Other Assistance.--This Act may not be construed as
authorizing a Federal or State agency to reduce medical or other
assistance available, or to alter eligibility for a benefit or service,
under any other Federal law.
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS AND
DISTRIBUTION OF FUNDS.
``(a) In General.--There are authorized to be appropriated to carry
out this Act--
``(1) $44,000,000 for fiscal year 2023;
``(2) $45,980,000 for fiscal year 2024;
``(3) $48,049,100 for fiscal year 2025;
``(4) $50,211,310 for fiscal year 2026; and
``(5) $52,470,819 for fiscal year 2027.
``(b) Reservations and Distribution of Funds.--Subject to
subsection (c), for each fiscal year for which funds are made available
under subsection (a) to carry out this Act, the Secretary shall--
``(1) reserve an amount equal to 3 percent of the funds made
available for each such fiscal year to carry out paragraphs (1) and
(2) of section 6(b); and
``(2) from the amounts remaining after making the reservation
under paragraph (1)--
``(A) use 85.5 percent of such amounts to carry out section
4; and
``(B) use 14.5 percent of such amounts to carry out section
5.
``(c) Limit for Projects of National Significance.--For any fiscal
year for which the amount made available under subsection (a) exceeds
$49,000,000 the Secretary may--
``(1) reserve for section 7, an amount of such available funds
that does not exceed the lesser of--
``(A) the excess amount made available; or
``(B) $2,000,000; and
``(2) make the reservation under paragraph (1) before carrying
out subsection (b).''.
SEC. 5403. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take
effect on the day that is 6 months after the date of enactment of this
Act.
TITLE LV--FOREIGN AFFAIRS MATTERS
TITLE LV--FOREIGN AFFAIRS MATTERS
Subtitle A--Taiwan Enhanced Resilience Act
Sec. 5501. Short title.
Part 1--Implementation of an Enhanced Defense Partnership Between the
United States and Taiwan
Sec. 5502. Modernizing Taiwan's security capabilities to deter and, if
necessary, defeat aggression by the People's Republic of
China.
Sec. 5503. Increase in annual regional contingency stockpile additions
and support for Taiwan.
Sec. 5504. International military education and training cooperation
with Taiwan.
Sec. 5505. Additional authorities to support Taiwan.
Sec. 5506. Multi-year plan to fulfill defensive requirements of military
forces of Taiwan.
Sec. 5507. Fast-tracking sales to Taiwan under Foreign Military Sales
program.
Sec. 5508. Arms exports delivery solutions for Taiwan and United States
allies in the Indo-Pacific.
Sec. 5509. Assessment of Taiwan's needs for civilian defense and
resilience.
Sec. 5510. Annual report on Taiwan defensive military capabilities and
intelligence support.
Sec. 5511. Findings and statement of policy.
Sec. 5512. Sense of Congress on Taiwan defense relations.
Part 2--Countering People's Republic of China's Coercion and Influence
Campaigns
Sec. 5513. Strategy to respond to influence and information operations
targeting Taiwan.
Sec. 5514. Task force to counter economic coercion by the People's
Republic of China.
Sec. 5515. China censorship monitor and action group.
Part 3--Inclusion of Taiwan in International Organizations
Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan's meaningful participation in the
international community.
Sec. 5518. Strategy to support Taiwan's meaningful participation in
international organizations.
Sec. 5519. Meaningful participation of Taiwan in the International Civil
Aviation Organization.
Part 4--Miscellaneous Provisions
Sec. 5520. Report on Taiwan Travel Act.
Sec. 5521. Amendments to the Taiwan Allies International Protection and
Enhancement Initiative (Taipei) Act of 2019.
Sec. 5522. Report on role of People's Republic of China's nuclear threat
in escalation dynamics.
Sec. 5523. Report analyzing the impact of Russia's war against Ukraine
on the objectives of the People's Republic of China with
respect to Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic
relations with Taiwan.
Part 5--Supporting United States Educational and Exchange Programs With
Taiwan
Sec. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs
with Taiwan.
Part 6--United States-Taiwan Public Health Protection
Sec. 5536. Short title.
Sec. 5537. Definitions.
Sec. 5538. Study on an infectious disease monitoring center.
Part 7--Rules of Construction
Sec. 5539. Rule of construction.
Sec. 5540. Rule of construction regarding the use of military force.
Subtitle B--United States-Ecuador Partnership Act of 2022
Sec. 5541. Short title.
Sec. 5542. Sense of Congress.
Sec. 5543. Facilitating economic and commercial ties.
Sec. 5544. Promoting inclusive economic development.
Sec. 5545. Combating illicit economies, corruption, and negative foreign
influence.
Sec. 5546. Strengthening democratic governance.
Sec. 5547. Fostering conservation and stewardship.
Sec. 5548. Authorization to transfer excess Coast Guard vessels.
Sec. 5549. Reporting requirements.
Sec. 5550. Sunset.
Subtitle C--FENTANYL Results Act
Sec. 5551. Short title.
Sec. 5552. Prioritization of efforts of the Department of State to
combat international trafficking in covered synthetic drugs.
Sec. 5553. Program to provide assistance to build the capacity of
foreign law enforcement agencies with respect to covered
synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to
illicit use of covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
Subtitle D--International Pandemic Preparedness
Sec. 5559. Short title.
Sec. 5560. Definitions.
Sec. 5561. Enhancing the United States' international response to
pandemics.
Sec. 5562. International pandemic prevention and preparedness.
Sec. 5563. Financial Intermediary Fund for Pandemic Prevention,
Preparedness, and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Sec. 5566. Rule of construction.
Subtitle E--Burma Act of 2022
Sec. 5567. Short title.
Sec. 5568. Definitions.
Part 1--Matters Relating to the Conflict in Burma
Sec. 5569. Statement of policy.
Part 2--Sanctions and Policy Coordination With Respect to Burma
Sec. 5570. Definitions.
Sec. 5571. Imposition of sanctions with respect to human rights abuses
and perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to
Burma.
Sec. 5574. Sunset.
Part 3--Authorizations of Appropriations for Assistance for Burma
Sec. 5575. General authorization of appropriations.
Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.
Part 4--Efforts Against Human Rights Abuses
Sec. 5578. Authorization to provide technical assistance for efforts
against human rights abuses.
Part 5--Sanctions Exception Relating to Importation of Goods
Sec. 5579. Sanctions exception relating to importation of goods.
Subtitle F--Promotion of Freedom of Information and Countering of
Censorship and Surveillance in North Korea
Sec. 5580. Short title.
Sec. 5581. Findings; sense of Congress.
Sec. 5582. Statement of policy.
Sec. 5583. United States strategy to combat North Korea's repressive
information environment.
Sec. 5584. Promoting freedom of information and countering censorship
and surveillance in North Korea.
Subtitle G--Other Matters
Sec. 5585. Congressional notification for rewards paid using
cryptocurrencies.
Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef
Conservation Act of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or
transfer of gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.
Sec. 5592. Secretary of State assistance for prisoners in Islamic
Republic of Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act
of 2022.
Subtitle H--Reports
Sec. 5594. Modification to peacekeeping operations report.
Sec. 5595. Report on Indo-Pacific region.
Sec. 5596. Report on humanitarian situation and food security in
Lebanon.
Sec. 5597. Statement of policy and report on engaging with Niger.
Sec. 5598. Report on bilateral security and law enforcement cooperation
with Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its
unprovoked invasion of and full-scale war against Ukraine.
Sec. 5599A. Feasibility study on United States support for and
participation in the international counterterrorism academy in
Cote d'Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family
members in North Korea.
Subtitle I--Sense of Congress Provisions
Sec. 5599C. Sense of Congress regarding the status of China.
Sec. 5599D. Sense of Congress regarding Israel.
Sec. 5599E. Sense of Congress relating to the NATO Parliamentary
Assembly.
Sec. 5599F. Condemning detention and indictment of Russian opposition
leader Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons
by Iran.
Subtitle A--Taiwan Enhanced Resilience Act
SEC. 5501. SHORT TITLE.
This subtitle may be cited as the ``Taiwan Enhanced Resilience
Act''.
PART 1--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP BETWEEN THE
UNITED STATES AND TAIWAN
SEC. 5502. MODERNIZING TAIWAN'S SECURITY CAPABILITIES TO DETER AND, IF
NECESSARY, DEFEAT AGGRESSION BY THE PEOPLE'S REPUBLIC OF CHINA.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
(b) Taiwan Security Programs.--The Secretary of State, in
consultation with the Secretary of Defense, shall use the authorities
under this section to strengthen the United States-Taiwan defense
relationship, and to support the acceleration of the modernization of
Taiwan's defense capabilities, consistent with the Taiwan Relations Act
(Public Law 96-8).
(c) Purpose.--In addition to the purposes otherwise authorized for
Foreign Military Financing programs under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), a purpose of the Foreign Military Financing
Program should be to provide assistance, including equipment, training,
and other support, to build the civilian and defensive military
capabilities of Taiwan--
(1) to accelerate the modernization of capabilities that will
enable Taiwan to delay, degrade, and deny attempts by People's
Liberation Army forces--
(A) to conduct coercive or grey zone activities;
(B) to blockade Taiwan; or
(C) to secure a lodgment on any islands administered by
Taiwan and expand or otherwise use such lodgment to seize
control of a population center or other key territory in
Taiwan; and
(2) to prevent the People's Republic of China from
decapitating, seizing control of, or otherwise neutralizing or
rendering ineffective Taiwan's civilian and defense leadership.
(d) Regional Contingency Stockpile.--Of the amounts authorized to
be appropriated pursuant to subsection (h), not more than $100,000,000
may be used during each of the fiscal years 2023 through 2032 to
maintain a stockpile (if established pursuant to section 5503(b)), in
accordance with section 514 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321h).
(e) Availability of Funds.--
(1) Annual spending plan.--Not later than March 1, 2023, and
annually thereafter, the Secretary of State, in coordination with
the Secretary of Defense, shall submit a plan to the appropriate
congressional committees describing how amounts authorized to be
appropriated pursuant to subsection (h), if made available, would
be used to achieve the purpose described in subsection (c).
(2) Certification.--
(A) In general.--Amounts authorized to be appropriated for
each fiscal year pursuant to subsection (h) are authorized to
be made available after the Secretary of State, in coordination
with the Secretary of Defense, certifies not less than annually
to the appropriate committees of Congress that Taiwan has
increased its defense spending relative to Taiwan's defense
spending in its prior fiscal year, which includes support for
an asymmetric strategy, excepting accounts in Taiwan's defense
budget related to personnel expenditures, (other than military
training and education and any funding related to the All-Out
Defense Mobilization Agency).
(B) Waiver.--The Secretary of State may waive the
certification requirement under subparagraph (A) if the
Secretary, in consultation with the Secretary of Defense,
certifies to the appropriate congressional committees that for
any given year--
(i) Taiwan is unable to increase its defense spending
relative to its defense spending in its prior fiscal year
due to severe hardship; and
(ii) making available the amounts authorized under
subparagraph (A) is in the national interests of the United
States.
(3) Remaining funds.--Amounts authorized to be appropriated for
a fiscal year pursuant to subsection (h) that are not obligated and
expended during such fiscal year shall be added to the amount that
may be used for Foreign Military Financing to Taiwan in the
subsequent fiscal year.
(f) Annual Report on Advancing the Defense of Taiwan.--
(1) Initial report.--Concurrently with the first certification
required under subsection (e)(2), the Secretary of State and the
Secretary of Defense shall jointly submit a report to the
appropriate congressional committees that describes steps taken to
enhance the United States-Taiwan defense relationship and Taiwan's
modernization of its defense capabilities.
(2) Matters to be included.--Each report required under
paragraph (1) shall include--
(A) an assessment of the commitment of Taiwan to implement
a military strategy that will deter and, if necessary, defeat
military aggression by the People's Republic of China,
including the steps that Taiwan has taken and the steps that
Taiwan has not taken towards such implementation;
(B) an assessment of the efforts of Taiwan to acquire and
employ within its forces counterintervention capabilities,
including--
(i) long-range precision fires;
(ii) integrated air and missile defense systems;
(iii) anti-ship cruise missiles;
(iv) land-attack cruise missiles;
(v) coastal defense;
(vi) anti-armor;
(vii) undersea warfare, including manned and unmanned
systems;
(viii) survivable swarming maritime assets;
(ix) manned and unmanned aerial systems;
(x) mining and countermining capabilities;
(xi) intelligence, surveillance, and reconnaissance
capabilities;
(xii) command and control systems;
(xiii) defensive cybersecurity capabilities; and
(xiv) any other defense capabilities that the United
States determines, including jointly with Taiwan, are
crucial to the defense of Taiwan, consistent with the joint
consultative mechanism with Taiwan created pursuant to
section 5506;
(C) an evaluation of the balance between conventional and
counter intervention capabilities in the defense force of
Taiwan as of the date on which the report is submitted;
(D) an assessment of steps taken by Taiwan to enhance the
overall readiness of its defense forces, including--
(i) the extent to which Taiwan is requiring and
providing regular and relevant training to such forces;
(ii) the extent to which such training is realistic to
the security environment that Taiwan faces; and
(iii) the sufficiency of the financial and budgetary
resources Taiwan is putting toward readiness of such
forces;
(E) an assessment of steps taken by Taiwan to ensure that
the Taiwan's reserve forces and All-Out Defense Mobilization
Agency can recruit, train, equip, and mobilize its forces;
(F) an evaluation of--
(i) the severity of manpower shortages in the military
of Taiwan, including in the reserve forces;
(ii) the impact of such shortages in the event of a
conflict scenario; and
(iii) the efforts made by Taiwan to address such
shortages;
(G) an assessment of the efforts made by Taiwan to boost
its civilian defenses, including any informational campaigns to
raise awareness among the population of Taiwan of the risks
Taiwan faces;
(H) an assessment of the efforts made by Taiwan to secure
its critical infrastructure, including in transportation,
telecommunications networks, satellite communications, and
energy;
(I) an assessment of the efforts made by Taiwan to enhance
its cybersecurity, including the security and survivability of
official civilian and military networks;
(J) an assessment of the efforts made by Taiwan to improve
the image and prestige of its defense forces among the
population of Taiwan;
(K) an assessment of any significant gaps in any of the
matters described in subparagraphs (A) through (J) with respect
to which the United States assesses that additional action is
needed;
(L) a description of cooperative efforts between the United
States and Taiwan on the matters described in subparagraphs (A)
through (K); and
(M) a description of any challenge in Taiwan to--
(i) implement the matters described in subparagraphs
(A) through (J); or
(ii) United States support or engagement with regard to
such matters.
(3) Subsequent reports.--Concurrently with subsequent
certifications required under subsection (e)(2), the Secretary of
State and the Secretary of Defense shall jointly submit updates to
the initial report required under paragraph (1) that provides a
description of changes and developments that occurred in the prior
year.
(4) Form.--The reports required under paragraphs (1) and (3)
shall be submitted in an unclassified form, but may contain a
classified annex.
(5) Sharing of summary.--The Secretary of State and the
Secretary of Defense shall jointly share any unclassified portions
of the reports, pursuant to paragraph (4), with Taiwan, as
appropriate.
(g) Foreign Military Financing Loan and Loan Guarantee Authority.--
(1) Direct loans.--
(A) In general.--Notwithstanding section 23(c)(1) of the
Arms Export Control Act (22 U.S.C. 2763), during fiscal years
2023 through 2027, the Secretary of State is authorized to make
direct loans available for Taiwan pursuant to section 23 of
such Act.
(B) Maximum obligations.--Gross obligations for the
principal amounts of loans authorized under subparagraph (A)
may not exceed $2,000,000,000.
(C) Source of funds.--
(i) Defined term.--In this subparagraph, the term
``cost''--
(I) has the meaning given such term in section
502(5) of the Congressional Budget Act of 1974 (2
U.S.C. 661a(5));
(II) shall include the cost of modifying a loan
authorized under subparagraph (A); and
(III) may include the costs of selling, reducing,
or cancelling any amounts owed to the United States or
to any agency of the United States.
(ii) In general.--Amounts authorized to be appropriated
pursuant to subsection (g) may be made available to pay for
the cost of loans authorized under subparagraph (A).
(D) Fees authorized.--
(i) In general.--The Government of the United States
may charge processing and origination fees for a loan made
pursuant to subparagraph (A), not to exceed the cost to the
Government of making such loan, which shall be collected
from borrowers through a financing account (as defined in
section 502(7) of the Congressional Budget Act of 1974 (2
U.S.C. 661a(7)).
(ii) Limitation on fee payments.--Amounts made
available under any appropriations Act for any fiscal year
may not be used to pay any fees associated with a loan
authorized under subparagraph (A).
(E) Repayment.--Loans made pursuant to subparagraph (A)
shall be repaid not later than 12 years after the loan is
received by the borrower, including a grace period of not more
than 1 year on repayment of principal.
(F) Interest.--
(i) In general.--Notwithstanding section 23(c)(1) of
the Arms Export Control Act (22 U.S.C. 2763(c)(1)),
interest for loans made pursuant to subparagraph (A) may be
charged at a rate determined by the Secretary of State,
except that such rate may not be less than the prevailing
interest rate on marketable Treasury securities of similar
maturity.
(ii) Treatment of loan amounts used to pay interest.--
Amounts made available under this paragraph for interest
costs shall not be considered assistance for the purposes
of any statutory limitation on assistance to a country.
(2) Loan guarantees.--
(A) In general.--Amounts authorized to be appropriated
pursuant to subsection (g) may be made available for the costs
of loan guarantees for Taiwan under section 24 of the Arms
Export Control Act (22 U.S.C. 2764) for Taiwan to subsidize
gross obligations for the principal amount of commercial loans
and total loan principal, any part of which may be guaranteed,
not to exceed $2,000,000,000.
(B) Maximum amounts.--A loan guarantee authorized under
subparagraph (A)--
(i) may not guarantee a loan that exceeds
$2,000,000,000; and
(ii) may not exceed 80 percent of the loan principal
with respect to any single borrower.
(C) Subordination.--Any loan guaranteed pursuant to
subparagraph (A) may not be subordinated to--
(i) another debt contracted by the borrower; or
(ii) any other claims against the borrower in the case
of default.
(D) Repayment.--Repayment in United States dollars of any
loan guaranteed under this paragraph shall be required not
later than 12 years after the loan agreement is signed.
(E) Fees.--Notwithstanding section 24 of the Arms Export
Control Act (22 U.S.C. 2764), the Government of the United
States may charge processing and origination fees for a loan
guarantee authorized under subparagraph (A), not to exceed the
cost to the Government of such loan guarantee, which shall be
collected from borrowers, or from third parties on behalf of
such borrowers, through a financing account (as defined in
section 502(7) of the Congressional Budget Act of 1974 (2
U.S.C. 661a(7)).
(F) Treatments of loan guarantees.--Amounts made available
under this paragraph for the costs of loan guarantees
authorized under subparagraph (A) shall not be considered
assistance for the purposes of any statutory limitation on
assistance to a country.
(3) Notification requirement.--Amounts authorized to be
appropriated to carry out this subsection may not be expended
without prior notification of the appropriate committees of
Congress.
(h) Authorization of Appropriations.--
(1) Authorization of appropriations.--In addition to amounts
otherwise authorized to be appropriated for Foreign Military
Financing, there is authorized to be appropriated to the Department
of State for Taiwan Foreign Military Finance grant assistance up to
$2,000,000,000 for each of the fiscal years 2023 through 2027.
(2) Training and education.--Of the amounts authorized to be
appropriated under paragraph (1), the Secretary of State should use
not less than $2,000,000 per fiscal year for one or more blanket
order Foreign Military Financing training programs related to the
defense needs of Taiwan.
(3) Direct commercial contracting.--The Secretary of State may
use amounts authorized to be appropriated under paragraph (1) for
the procurement of defense articles, defense services, or design
and construction services that are not sold by the United States
Government under the Arms Export Control Act (22 U.S.C. 2751 et
seq.).
(4) Procurement in taiwan.--Of the amounts authorized to be
appropriated for Foreign Military Financing and made available for
Taiwan, not more than 15 percent of the amount made available for
each fiscal year may be available for the procurement by Taiwan in
Taiwan of defense articles and defense services, including research
and development, as agreed by the United States and Taiwan.
(i) Sunset Provision.--Assistance may not be provided under this
section after September 30, 2032.
SEC. 5503. INCREASE IN ANNUAL REGIONAL CONTINGENCY STOCKPILE ADDITIONS
AND SUPPORT FOR TAIWAN.
(a) In General.--Section 514(b)(2)(A) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking
``$200,000,000'' and all that follows and inserting ``$500,000,000 for
any of the fiscal years 2023, 2024, or 2025.''.
(b) Establishment.--Subject to section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President may establish a
regional contingency stockpile for Taiwan that consists of munitions
and other appropriate defense articles.
(c) Inclusion of Taiwan Among Other Allies Eligible for Defense
Articles.--Chapter 2 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2311 et seq.) is amended--
(1) in section 514(c)(2) (22 U.S.C. 2321h(c)(2)), by inserting
``Taiwan,'' after ``Thailand,''; and
(2) in section 516(c)(2) (22 U.S.C. 2321j(c)(2)), by inserting
``to Taiwan,'' after ``major non-NATO allies on such southern and
southeastern flank,''.
(d) Annual Briefing.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 7 years, the
President shall provide a briefing to the appropriate committees of
Congress regarding the status of a regional contingency stockpile
established under subsection (b).
SEC. 5504. INTERNATIONAL MILITARY EDUCATION AND TRAINING COOPERATION
WITH TAIWAN.
(a) In General.--The Secretary of State and the Secretary of
Defense shall establish or expand a comprehensive training program with
Taiwan designed to--
(1) enhance interoperability and capabilities for joint
operations between the United States and Taiwan;
(2) enhance rapport and deepen partnership between the
militaries of the United States and Taiwan, and foster
understanding of the United States among individuals in Taiwan;
(3) improve Taiwan's defense capabilities; and
(4) train future leaders of Taiwan, promote professional
military education, civilian control of the military, and
protection of human rights.
(b) Elements.--The training program required by subsection (a)
should prioritize relevant and realistic training, including as
necessary joint United States-Taiwan contingency tabletop exercises,
war games, full-scale military exercises, and an enduring rotational
United States military presence that assists Taiwan in maintaining
force readiness and utilizing United States defense articles and
services transferred from the United States to Taiwan.
(c) Authorization of Participation of Taiwan in the International
Military Education and Training Program.--The Secretary of State is
authorized to provide training and education to relevant entities in
Taiwan through the International Military Education and Training
program authorized under chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq).
SEC. 5505. ADDITIONAL AUTHORITIES TO SUPPORT TAIWAN.
(a) Drawdown Authority.--Section 506(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2318(a)) is amended by adding at the end the
following paragraph:
``(3) In addition to amounts already specified in this section, the
President may direct the drawdown of defense articles from the stocks
of the Department of Defense, defense services of the Department of
Defense, and military education and training, of an aggregate value of
not to exceed $1,000,000,000 per fiscal year, to be provided to
Taiwan.''.
(b) Emergency Authority.--Section 552(c) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2348a(c)) is amended by adding at the end the
following: ``In addition to the aggregate value of $25,000,000
authorized in paragraph (2) of the preceding sentence, the President
may direct the drawdown of commodities and services from the inventory
and resources of any agency of the United States Government for the
purposes of providing necessary and immediate assistance to Taiwan of a
value not to exceed $25,000,000 in any fiscal year.''.
(c) Use of Special Defense Acquisition Fund.--The Secretary of
Defense, in consultation with the Secretary of State, shall seek to
utilize the Special Defense Acquisition Fund established under chapter
5 of the Arms Export Control Act (22 U.S.C. 2795 et seq.) to expedite
the procurement and delivery of defense articles and defense services
for the purpose of assisting and supporting the armed forces of Taiwan.
SEC. 5506. MULTI-YEAR PLAN TO FULFILL DEFENSIVE REQUIREMENTS OF
MILITARY FORCES OF TAIWAN.
(a) Multi-year Plan.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State, in consultation with the Director of National Intelligence,
shall engage for the purposes of establishing a joint consultative
mechanism with appropriate officials of Taiwan to develop and implement
a multi-year plan to provide for the acquisition of appropriate
defensive capabilities by Taiwan and to engage with Taiwan in a series
of combined training, exercises, and planning activities consistent
with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et
seq.).
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) An identification of the defensive military capability gaps
and capacity shortfalls of Taiwan that are required to--
(A) allow Taiwan to respond effectively to aggression by
the People's Liberation Army or other actors from the People's
Republic of China; and
(B) advance a strategy of denial, reduce the threat of
conflict, thwart an invasion, and mitigate other risks to the
United States and Taiwan.
(2) An assessment of the relative priority assigned by
appropriate departments and agencies of Taiwan to include its
military to address such capability gaps and capacity shortfalls.
(3) An explanation of the annual resources committed by Taiwan
to address such capability gaps and capacity shortfalls.
(4) A description and justification of the relative importance
of overcoming each identified capability gap and capacity shortfall
for deterring, delaying, or defeating military aggression by the
People's Republic of China;
(5) An assessment of--
(A) the capability gaps and capacity shortfalls that could
be addressed in a sufficient and timely manner by Taiwan; and
(B) the capability gaps and capacity shortfalls that are
unlikely to be addressed in a sufficient and timely manner
solely by Taiwan.
(6) An assessment of the capability gaps and capacity
shortfalls described in paragraph (5)(B) that could be addressed in
a sufficient and timely manner by--
(A) the Foreign Military Financing, Foreign Military Sales,
and Direct Commercial Sales programs of the Department of
State;
(B) Department of Defense security assistance authorized by
chapter 16 of title 10, United States Code;
(C) Department of State training and education programs
authorized by chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.);
(D) section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318);
(E) the provision of excess defense articles pursuant to
the requirements of the Arms Export Control Act (22 U.S.C. 2751
et seq.); or
(F) any other authority available to the Secretary of
Defense or the Secretary of State.
(7) A description of United States or Taiwan engagement with
other countries that could assist in addressing in a sufficient and
timely manner the capability gaps and capacity shortfalls
identified pursuant to paragraph (1).
(8) An identification of opportunities to build
interoperability, combined readiness, joint planning capability,
and shared situational awareness between the United States, Taiwan,
and other foreign partners and allies, as appropriate, through
combined training, exercises, and planning events, including--
(A) table-top exercises and wargames that allow operational
commands to improve joint and combined planning for
contingencies involving a well-equipped adversary in a counter-
intervention campaign;
(B) joint and combined exercises that test the feasibility
of counter-intervention strategies, develop interoperability
across services, and develop the lethality and survivability of
combined forces against a well-equipped adversary;
(C) logistics exercises that test the feasibility of
expeditionary logistics in an extended campaign with a well-
equipped adversary;
(D) service-to-service exercise programs that build
functional mission skills for addressing challenges posed by a
well-equipped adversary in a counter-intervention campaign; and
(E) any other combined training, exercises, or planning
with Taiwan's military forces that the Secretary of Defense and
Secretary of State consider relevant.
(9) An identification of options for the United States to use,
to the maximum extent practicable, existing authorities or programs
to expedite military assistance to Taiwan in the event of a crisis
or conflict, including--
(A) a list of defense articles of the United States that
may be transferred to Taiwan during a crisis or conflict;
(B) a list of authorities that may be used to provide
expedited military assistance to Taiwan during a crisis or
conflict;
(C) an assessment of methods that could be used to deliver
such assistance to Taiwan during a crisis or conflict,
including--
(i) the feasibility of employing such methods in
different scenarios; and
(ii) recommendations for improving the ability of the
Armed Forces to deliver such assistance to Taiwan; and
(D) an assessment of any challenges in providing such
assistance to Taiwan in the event of a crisis or conflict and
recommendations for addressing such challenges.
(c) Recurrence.--The joint consultative mechanism required in
subsection (a) shall convene on a recurring basis and not less than
annually.
SEC. 5507. FAST-TRACKING SALES TO TAIWAN UNDER FOREIGN MILITARY SALES
PROGRAM.
(a) Preclearance of Certain Foreign Military Sales Items.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary of
State, in coordination with the Secretary of Defense, and in
conjunction with coordinating entities such as the National
Disclosure Policy Committee, the Arms Transfer and Technology
Release Senior Steering Group, and other appropriate entities,
shall compile a list of available and emerging military platforms,
technologies, and equipment that are pre-cleared and prioritized
for sale and release to Taiwan through the Foreign Military Sales
program.
(2) Rules of construction.--
(A) Selection of items.--The list compiled pursuant to
paragraph (1) shall not be construed as limiting the type,
timing, or quantity of items that may be requested by, or sold
to, Taiwan under the Foreign Military Sales program.
(B) Notifications required.--Nothing in this Act may be
construed to supersede congressional notification requirements
under the Arms Export Control Act (22 U.S.C. 2751 et. seq.).
(b) Prioritized Processing of Foreign Military Sales Requests From
Taiwan.--
(1) Requirement.--The Secretary of State and the Secretary of
Defense shall prioritize and expedite the processing of requests
from Taiwan under the Foreign Military Sales program, and may not
delay the processing of requests for bundling purposes.
(2) Duration.--The requirement under paragraph (1) shall
continue until the Secretary of State determines and certifies to
the Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives that the threat
to Taiwan has significantly abated.
(c) Interagency Policy.--The Secretary of State and the Secretary
of Defense shall jointly review and update interagency policies and
implementation guidance related to Foreign Military Sales requests from
Taiwan, including incorporating the preclearance provisions of this
section.
SEC. 5508. ARMS EXPORTS DELIVERY SOLUTIONS FOR TAIWAN AND UNITED STATES
ALLIES IN THE INDO-PACIFIC.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed
Services of the House of Representatives.
(b) Report Required.--Not later than March 1, 2023, and annually
thereafter for a period of 5 years, the Secretary of State, in
coordination with the Secretary of Defense, shall transmit to the
appropriate committees of Congress a report with respect to the
transfer of all defense articles or defense services that have yet to
be completed pursuant to the authorities provided by--
(1) section 3, 21, or 36 of the Arms Export Control Act (22
U.S.C. 2753, 2761, or 2776); or
(2) section 516(c)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(c)(2)).
(c) Elements.--The report required by subsection (b) shall include
the following elements:
(1) A list of all approved transfers of defense articles and
services authorized by Congress pursuant to sections 25 and 36 of
the Arms Export Control Act (22 U.S.C. 2765, 2776) with a total
value of $25,000,000 or more, to Taiwan, Japan, South Korea,
Australia, the Philippines, Thailand, or New Zealand, that have not
been fully delivered by the start of the fiscal year in which the
report is being submitted.
(2) The estimated start and end dates of delivery for each
approved and incomplete transfer listed pursuant to paragraph (1),
including additional details and dates for any transfers that
involve multiple tranches of deliveries.
(3) With respect to each approved and incomplete transfer
listed pursuant to paragraph (1), a detailed description of--
(A) any changes in the delivery dates of defense articles
or services relative to the dates anticipated at the time of
congressional approval of the transfer, including specific
reasons for any delays related to the United States Government,
defense suppliers, or a foreign partner;
(B) the feasibility and advisability of providing the
partner subject to such delayed delivery with an interim
capability or solution, including drawing from United States
stocks, and the mechanisms under consideration for doing so as
well as any challenges to implementing such a capability or
solution;
(C) authorities, appropriations, or waiver requests that
Congress could provide to improve delivery timelines or
authorize the provision of interim capabilities or solutions
identified pursuant to subparagraph (B); and
(D) a description of which countries are ahead of Taiwan
for delivery of each item listed pursuant to paragraph (1).
(4) A description of ongoing interagency efforts to support
attainment of operational capability of the corresponding defense
articles and services once delivered, including advance training
with United States or armed forces of partner countries on the
systems to be received. The description of any such training shall
also include an identification of the training implementer.
(5) If a transfer listed pursuant to paragraph (1) has been
terminated prior to the date of the submission of the report for
any reason--
(A) the case information for such transfer, including the
date of congressional notification, delivery date of the Letter
of Offer and Acceptance (LOA), final signature of the LOA, and
information pertaining to delays in delivering LOAs for
signature;
(B) a description of the reasons for which the transfer is
no longer in effect; and
(C) the impact this termination will have on the intended
end-user and the consequent implications for regional security,
including the impact on deterrence of military action by
countries hostile to the United States, the military balance in
the Taiwan Strait, and other factors.
(6) A separate description of the actions the United States is
taking to expedite and prioritize deliveries of defense articles
and services to Taiwan, including--
(A) a description of what actions the Department of State
and the Department of Defense have taken or are planning to
take to prioritize Taiwan's Foreign Military Sales cases;
(B) current procedures or mechanisms for determining that a
Foreign Military Sales case for Taiwan should be prioritized
above a sale to another country of the same or similar item;
and
(C) whether the United States intends to divert defense
articles from United States stocks to provide an interim
capability or solution with respect to any delayed deliveries
to Taiwan and the plan, if applicable, to replenish any such
diverted stocks.
(7) A description of other actions already undertaken by or
currently under consideration by the Department of State and the
Department of Defense to improve delivery timelines for the
transfers listed pursuant to paragraph (1).
(d) Form.--The report required by subsection (b) shall be submitted
in unclassified form but may include a classified annex.
SEC. 5509. ASSESSMENT OF TAIWAN'S NEEDS FOR CIVILIAN DEFENSE AND
RESILIENCE.
(a) Assessment Required.--Not later than 120 days after the date of
enactment of this Act, the Secretary of State and the Secretary of
Defense, in coordination with the Director of National Intelligence,
shall submit a written assessment, with a classified annex, of Taiwan's
needs in the areas of civilian defense and resilience to--
(1) the Committee on Foreign Relations, the Committee on Armed
Services, and Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Permanent Select Committee on Intelligence of the
House of Representatives.
(b) Matters to Be Included.--The assessment required under
subsection (a) shall--
(1) analyze the potential role of Taiwan's public and civilian
assets in defending against various scenarios for foreign
militaries to coerce or conduct military aggression against Taiwan;
(2) carefully analyze Taiwan's needs for enhancing its
defensive capabilities through the support of civilians and
civilian sectors, including--
(A) greater utilization of Taiwan's high tech labor force;
(B) the creation of clear structures and logistics support
for civilian defense role allocation;
(C) recruitment and skills training for Taiwan's defense
and civilian sectors; and
(D) other defense needs and considerations at the
provincial, city, and neighborhood levels;
(3) analyze Taiwan's needs for enhancing resiliency among its
people and in key economic sectors;
(4) identify opportunities for Taiwan to enhance communications
at all levels to strengthen trust and understanding between the
military, other government departments, civilian agencies and the
general public, including--
(A) communications infrastructure necessary to ensure
reliable communications in response to a conflict or crisis;
and
(B) a plan to effectively communicate to the general public
in response to a conflict or crisis;
(5) identify the areas and means through which the United
States could provide training, exercises, and assistance at all
levels to support the needs discovered through the assessment and
fill any critical gaps where capacity falls short of such needs;
and
(6) review existing United States Government and non-United
States Government programmatic and funding modalities that are
meant to support Taiwan's civilian defense professionals in
pursuing professional development, educational, and cultural
exchanges in the United States, including--
(A) opportunities through Department of State-supported
programs, such as the International Visitor Leaders Program;
(B) opportunities offered through non-governmental
institutions, such as think tanks, to the extent the review can
practicably make such an assessment;
(C) a description of the frequency that civilian defense
professionals from Taiwan pursue or are selected for the
programs reviewed in subparagraph (A);
(D) an analysis of any funding, policy, administrative, or
other barriers preventing greater participation from Taiwan's
civilian defense professionals in the opportunities identified
in subparagraph (A);
(E) an evaluation of the value expanding the opportunities
reviewed in subparagraph (A) would offer for strengthening
Taiwan's existing civilian defense community, and for
increasing the perceived value of the field for young
professionals in Taiwan;
(F) an assessment of options the United States Government
could take individually, with partners in Taiwan, or with
foreign governments or non-governmental partners, to expand the
opportunities reviewed in subparagraph (A); and
(G) a description of additional resources and authorities
that may be required to execute the options described in
subparagraph (E).
(c) Sharing of Report.--The assessment required by subsection (a)
shall be shared with appropriate officials of Taiwan to facilitate
cooperation, as appropriate.
SEC. 5510. ANNUAL REPORT ON TAIWAN DEFENSIVE MILITARY CAPABILITIES AND
INTELLIGENCE SUPPORT.
Section 1248 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1988) is amended to read as
follows:
``SEC. 1248. ANNUAL REPORT ON TAIWAN CAPABILITIES AND INTELLIGENCE
SUPPORT.
``(a) In General.--Through fiscal year 2027, the Secretary of State
and the Secretary of Defense, in coordination with the Director of
National Intelligence and the heads of other relevant Federal
departments and agencies, shall jointly perform an annual assessment,
consistent with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3302(c)), of security matters related to Taiwan, including intelligence
matters, Taiwan's defensive military capabilities, and how defensive
shortcomings or vulnerabilities of Taiwan could be mitigated through
cooperation, modernization, or integration. At a minimum, the
assessment shall include the following:
``(1) An intelligence assessment regarding--
``(A) conventional military and nuclear threats to Taiwan
from the People's Republic of China, including exercises,
patrols, and presence intended to intimidate or coerce Taiwan;
and
``(B) irregular warfare activities, including influence
operations, conducted by the People's Republic of China to
interfere in or undermine the peace and stability of the Taiwan
Strait.
``(2) The current military capabilities of Taiwan and the
ability of Taiwan to defend itself from external conventional and
irregular military threats across a range of scenarios.
``(3) The interoperability of current and future defensive
capabilities of Taiwan with the military capabilities of the United
States and its allies and partners.
``(4) The plans, tactics, techniques, and procedures
underpinning an effective defense strategy for Taiwan, including
how addressing identified capability gaps and capacity shortfalls
will improve the effectiveness of such strategy.
``(5) A description of additional personnel, resources, and
authorities in Taiwan or in the United States that may be required
to meet any shortcomings in the development of Taiwan's military
capabilities identified pursuant to this section.
``(6) With respect to materiel capabilities and capacities the
Secretary of Defense and Secretary of State jointly assess to be
most effective in deterring, defeating, or delaying military
aggression by the People's Republic of China, a prioritized list of
capability gaps and capacity shortfalls of the military forces of
Taiwan, including--
``(A) an identification of--
``(i) any United States, Taiwan, or ally or partner
country defense production timeline challenge related to
potential materiel and solutions to such capability gaps;
``(ii) the associated investment costs of enabling
expanded production for items currently at maximum
production;
``(iii) the associated investment costs of, or
mitigation strategies for, enabling export for items
currently not exportable; and
``(iv) existing stocks of such capabilities in the
United States and ally and partner countries;
``(B) the feasibility and advisability of procuring
solutions to such gaps and shortfalls through United States
allies and partners, including through co-development or co-
production;
``(C) the feasibility and advisability of assisting Taiwan
in the domestic production of solutions to capability gaps,
including through--
``(i) the transfer of intellectual property; and
``(ii) co-development or co-production arrangements;
``(D) the estimated costs, expressed in a range of options,
of procuring sufficient capabilities and capacities to address
such gaps and shortfalls;
``(E) an assessment of the relative priority assigned by
appropriate officials of Taiwan to each such gap and shortfall;
and
``(F) a detailed explanation of the extent to which Taiwan
is prioritizing the development, production, or fielding of
solutions to such gaps and shortfalls within its overall
defense budget.
``(7) The applicability of Department of State and Department
of Defense authorities for improving the defensive military
capabilities of Taiwan in a manner consistent with the Taiwan
Relations Act.
``(8) A description of any security assistance provided or
Foreign Military Sales and Direct Commercial Sales activity with
Taiwan over the past year.
``(9) A description of each engagement between the United
States and Taiwan personnel related to planning over the past year.
``(10) With respect to each to training and exercises--
``(A) a description of each such instance over the past
year;
``(B) a description of how each such instance--
``(i) sought to achieve greater interoperability,
improved readiness, joint planning capability, and shared
situational awareness between the United States and Taiwan,
or among the United States, Taiwan, and other countries;
``(ii) familiarized the militaries of the United States
and Taiwan with each other; and
``(iii) improved Taiwan's defense capabilities.
``(11) A description of the areas and means through which the
United States is assisting and supporting training, exercises, and
assistance to support Taiwan's requirements related to civilian
defense and resilience, and how the United States is seeking to
assist Taiwan in addressing any critical gaps where capacity falls
short of meeting such requirements, including those elements
identified in the assessment required by section 5502(f) of the
James M. Inhofe National Defense Authorization Act for Fiscal Year
2023.
``(12) An assessment of the implications of current levels of
pre-positioned war reserve materiel on the ability of the United
States to respond to a crisis or conflict involving Taiwan with
respect to--
``(A) providing military or non-military aid to Taiwan; and
``(B) sustaining military installations and other
infrastructure of the United States in the Indo-Pacific region.
``(13) An assessment of the current intelligence, surveillance,
and reconnaissance capabilities of Taiwan, including any existing
gaps in such capabilities and investments in such capabilities by
Taiwan since the preceding report.
``(14) A summary of changes to pre-positioned war reserve
materiel of the United States in the Indo-Pacific region since the
preceding report.
``(15) Any other matters the Secretary of Defense or the
Secretary of State considers appropriate.
``(b) Plan.--The Secretary of Defense and the Secretary of State
shall jointly develop a plan for assisting Taiwan in improving its
defensive military capabilities and addressing vulnerabilities
identified pursuant to subsection (a) that includes--
``(1) recommendations, if any, for new Department of State or
Department of Defense authorities, or modifications to existing
Department of State or Department of Defense authorities, necessary
to improve the defensive military capabilities of Taiwan in a
manner consistent with the Taiwan Relations Act (Public Law 96-8;
22 U.S.C. 3301 et seq.);
``(2) an identification of opportunities for key leader and
subject matter expert engagement between Department personnel and
military and civilian counterparts in Taiwan; and
``(3) an identification of challenges and opportunities for
leveraging authorities, resources, and capabilities outside the
Department of Defense and the Department of State to improve the
defensive capabilities of Taiwan in accordance with the Taiwan
Relations Act.
``(c) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter through fiscal year
2027, the Secretary of State and the Secretary of Defense, in
consultation with the Director of National Intelligence, shall jointly
submit to the appropriate committees of Congress--
``(1) a report on the results of the assessment required by
subsection (a);
``(2) the plan required by subsection (b); and
``(3) a report on--
``(A) the status of efforts to develop and implement the
joint multi-year plan required under section 5506 of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 to provide for the acquisition of appropriate defensive
military capabilities by Taiwan and to engage with Taiwan in a
series of combined training and planning activities consistent
with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301
et seq.); and
``(B) any other matters the Secretary of State and the
Secretary of Defense consider necessary.
``(d) Form.--The reports required by subsection (c) shall be
submitted in unclassified form, but may include a classified annex.
``(e) Appropriate Committees of Congress Defined.--For purposes of
this section, the term `appropriate committees of Congress' means--
``(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the Senate;
and
``(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Permanent Select Committee on Intelligence of the
House of Representatives.''.
SEC. 5511. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) Advancing peace and stability in the Indo-Pacific has been
a central element of United States foreign policy toward the
region.
(2) The Government of the People's Republic of China (PRC),
especially since the election of Tsai Ing-Wen in 2016, has
conducted a coordinated campaign to weaken Taiwan diplomatically,
economically, and militarily in a manner that threatens to erode
United States policy and create a fait accompli on questions
surrounding Taiwan's future.
(3) To secure United States interests and preserve the ability
of the people of Taiwan to determine their own future, it is
necessary to reinforce Taiwan's diplomatic, economic, and
territorial space.
(b) Statement of Policy.--It is the policy of the United States
to--
(1) maintain the position that peace and stability in the
Western Pacific are in the political, security, and economic
interests of the United States, and are matters of international
concern; and
(2) work with allies and partners to promote peace and
stability in the Indo-Pacific and deter military acts or other
forms of coercive behavior that would undermine regional stability.
SEC. 5512. SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS.
It is the sense of Congress that--
(1) the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. et
seq.) and the Six Assurances provided by the United States to
Taiwan in July 1982 are the foundation for United States-Taiwan
relations;
(2) as set forth in the Taiwan Relations Act, the United States
decision to establish diplomatic relations with the People's
Republic of China rests upon the expectation that the future of
Taiwan will be determined by peaceful means, and that any effort to
determine the future of Taiwan by other than peaceful means,
including boycotts and embargoes, is of grave concern to the United
States;
(3) the increasingly coercive and aggressive behavior of the
People's Republic of China toward Taiwan is contrary to the
expectation of the peaceful resolution of the future of Taiwan;
(4) as set forth in the Taiwan Relations Act, the capacity to
resist any resort to force or other forms of coercion that would
jeopardize the security, or the social or economic system, of the
people on Taiwan should be maintained;
(5) the United States should continue to support the
development of capable, ready, and modern defense forces necessary
for Taiwan to maintain sufficient defensive capabilities, including
by--
(A) supporting acquisition by Taiwan of defense articles
and services through foreign military sales, direct commercial
sales, and industrial cooperation, with an emphasis on
capabilities that support an asymmetric strategy;
(B) ensuring timely review of and response to requests of
Taiwan for defense articles and services;
(C) conducting practical training and military exercises
with Taiwan that enable Taiwan to maintain sufficient defensive
capabilities, as described in the Taiwan Relations Act;
(D) exchanges between defense officials and officers of the
United States and Taiwan at the strategic, policy, and
functional levels, consistent with the Taiwan Travel Act
(Public Law 115-135; 132 Stat. 341), especially for the
purposes of--
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the military
forces of the United States and Taiwan; and
(iii) improving the reserve force of Taiwan;
(E) cooperating with Taiwan to improve its ability to
employ military capabilities in asymmetric ways, as described
in the Taiwan Relations Act; and
(F) expanding cooperation in humanitarian assistance and
disaster relief; and
(6) the United States should increase its support to a free and
open society in the face of aggressive efforts by the Government of
the People's Republic of China to curtail or influence the free
exercise of rights and democratic franchise.
PART 2--COUNTERING PEOPLE'S REPUBLIC OF CHINA'S COERCION AND INFLUENCE
CAMPAIGNS
SEC. 5513. STRATEGY TO RESPOND TO INFLUENCE AND INFORMATION OPERATIONS
TARGETING TAIWAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter for the following 5
years, the Secretary of State, in coordination with the Director of
National Intelligence, shall develop and implement a strategy to
respond to--
(1) covert, coercive, and corrupting activities carried out to
advance the Chinese Communist Party's ``United Front'' work related
to Taiwan, including activities directed, coordinated, or otherwise
supported by the United Front Work Department or its subordinate or
affiliated entities; and
(2) information and disinformation campaigns, cyber attacks,
and nontraditional propaganda measures supported by the Government
of the People's Republic of China and the Chinese Communist Party
that are directed toward persons or entities in Taiwan.
(b) Elements.--The strategy required under subsection (a) shall
include descriptions of--
(1) the proposed response to propaganda and disinformation
campaigns by the People's Republic of China and cyber-intrusions
targeting Taiwan, including--
(A) assistance in building the capacity of Taiwan's public
and private-sector entities to document and expose propaganda
and disinformation supported by the Government of the People's
Republic of China, the Chinese Communist Party, or affiliated
entities;
(B) assistance to enhance Taiwan's ability to develop a
holistic strategy to respond to sharp power operations,
including election interference; and
(C) media training for Taiwan officials and other Taiwan
entities targeted by disinformation campaigns;
(2) the proposed response to political influence operations
that includes an assessment of the extent of influence exerted by
the Government of the People's Republic of China and the Chinese
Communist Party in Taiwan on local political parties, financial
institutions, media organizations, and other entities;
(3) support for exchanges and other technical assistance to
strengthen the Taiwan legal system's ability to respond to sharp
power operations; and
(4) programs carried out by the Global Engagement Center to
expose misinformation and disinformation in the Chinese Communist
Party's propaganda.
SEC. 5514. TASK FORCE TO COUNTER ECONOMIC COERCION BY THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China's (PRC) increasing use of
economic coercion against foreign governments, companies,
organizations, other entities, and individuals requires that the
United States devise a comprehensive, effective, and multilateral
response;
(2) the private sector is a crucial partner in helping the
United States Government respond to the PRC's coercive economic
practices and hold the PRC accountable;
(3) improved engagement and communication with the private
sector, including receiving information from the United States
private sector about the PRC's coercive economic practices would
help the United States Government and private sector stakeholders
conduct early assessments of potential pressure points and
vulnerabilities; and
(4) PRC coercive economic practices create pressures for the
private sector to behave in ways antithetical to United States
national interests and competitiveness.
(b) Establishment of Task Force.--Not later than 180 days after the
date of the enactment of this Act, the President shall establish an
interagency task force to be known as the ``Countering Economic
Coercion Task Force'' (referred to in this section as the ``Task
Force'').
(c) Duties.--
(1) In general.--The Task Force shall--
(A) oversee the development and implementation of an
integrated United States Government strategy to respond to
People's Republic of China (PRC) coercive economic practices,
which shall include--
(i) systematically monitoring and evaluating--
(I) the costs of such practices on United States
businesses and overall United States economic
performance;
(II) instances in which such practices taken
against a non-PRC entity has benefitted other parties;
and
(III) the impacts such practices have had on United
States national interests; and
(ii) facilitating coordination among Federal
departments and agencies when responding to such practices
as well as proactively deterring such economic coercion,
including by clarifying the roles for Federal departments
and agencies identified in subsection (d) in implementing
the strategy; and
(iii) forming policy recommendations for the
implementation of relevant United States authorities to
respond to instances of PRC coercive economic practices;
(B) consult with United States allies and partners on the
feasibility and desirability of collectively identifying,
assessing, and responding to PRC coercive economic practices,
as well as actions that could be taken to expand coordination
with the goal of ensuring a consistent, coherent, and
collective response to such practices and establishing long-
term deterrence of such practices;
(C) effectively engage the United States private sector,
particularly sectors, groups, or other entities that are
susceptible to such PRC coercive economic practices, on
concerns related to such practices; and
(D) develop and implement a process for regularly sharing
relevant information, including classified information to the
extent appropriate and practicable, on such PRC coercive
economic practices with United States allies, partners, and the
private sector.
(2) Consultation.--In carrying out its duties under this
subsection, the Task Force should regularly consult, to the extent
necessary and appropriate, with the following:
(A) Relevant stakeholders in the private sector.
(B) Federal departments and agencies that are not
represented on the Task Force.
(C) United States allies and partners.
(d) Membership.--The President shall--
(1) appoint the chair of the Task Force from among the staff of
the National Security Council;
(2) appoint the vice chair of the Task Force from among the
staff of the National Economic Council; and
(3) determine the Federal departments and agencies that will
serve on the task force, and direct the head of those agencies to
appoint personnel at the level of Assistant Secretary or above to
participate in the Task Force.
(e) Reports.--
(1) Initial report.--Not later than 1 year after the date of
the enactment of this Act, the Task Force shall submit to Congress
a report that includes the following elements:
(A) A comprehensive review of the array of economic tools
the Government of the People's Republic of China (PRC) employs
or could employ in the future to coerce other governments and
non-PRC companies (including United States companies) including
the Government of the PRC's continued efforts to codify
informal practices into its domestic law.
(B) The strategy required by subsection (c)(1)(A).
(C) An interagency definition of PRC coercive economic
practices that captures both--
(i) the use of informal or extralegal PRC coercive
economic practices; and
(ii) the inappropriate use of economic tools, including
those authorized under the laws and regulations of the PRC.
(D) A comprehensive review of the array of tools the United
States Government employs or could employ to respond to
economic coercion against the government, companies, and other
entities of the United States or its allies and partners.
(E) A list of unilateral or multilateral--
(i) preemptive practices to defend or deter against PRC
coercive economic practices; and
(ii) actions taken in response to the Government of the
PRC's general use of coercive economic practices, including
the imposition of costs on the PRC.
(F) An assessment of United States allies and partners key
vulnerabilities to PRC coercive economic practices.
(G) A description of gaps in existing resources or
capabilities for United States Government departments and
agencies to respond effectively to PRC coercive economic
practices directed at United States entities and assist United
States allies and partners in their responses to PRC coercive
economic practices.
(H) An analysis of the circumstances under which the PRC
employs different types of economic coercion and against what
kinds of targets.
(I) An assessment of United States and international rules
and norms as well as any treaty obligations the PRC has
stretched, circumvented, or broken through its economically
coercive practices and the United States response in each
instance.
(2) Interim reports.--
(A) First interim report.--Not later than 1 year after the
date on which the report required by paragraph (1) is submitted
to Congress, the Task Force shall submit to Congress a report
that includes the following elements:
(i) Updates to information required by subparagraphs
(A) through (G) of paragraph (1).
(ii) A description of activities conducted by the Task
Force to implement the strategy required by subsection
(c)(1)(A).
(iii) An assessment of the implementation and
effectiveness of the strategy, lessons learned from the
past year and planned changes to the strategy.
(B) Second interim report.--Not later than 1 year after the
date on which the report required by subparagraph (A) is
submitted to Congress, the Task Force shall submit to the
appropriate congressional committees a report that includes an
update to the elements required under the report required by
subparagraph (A).
(3) Final report.--Not later than 30 days after the date on
which the report required by paragraph (2)(B) is submitted to
Congress, the Task Force shall submit to Congress a final report
that includes the following elements:
(A) An analysis of PRC coercive economic practices and the
cost of such coercive practices to United States businesses.
(B) A description of areas of possible vulnerability for
United States businesses and businesses of United States
partners and allies.
(C) Recommendations on how to continue the effort to
counter PRC coercive economic practices, including through
further coordination with United States allies and partners.
(D) Illustrative examples.
(4) Form.--The reports required by this subsection shall be
submitted in classified form, but may include an unclassified
summary.
(f) Sunset.--
(1) In general.--The Task Force shall terminate at the end of
the 60-day period beginning on the date on which the final report
required by subsection (e)(3) is submitted to Congress.
(2) Additional actions.--The Task force may use the 60-day
period referred to in paragraph (1) for the purposes of concluding
its activities, including providing testimony to Congress
concerning the final report required by subsection (e)(3).
(g) Assistance for Countries and Entities Targeted by the People's
Republic of China for Economic Coercion.--The Secretary of State, the
Administrator of the United States Agency for International
Development, the United States International Development Finance
Corporation, the Secretary of Commerce, and the Secretary of the
Treasury shall provide appropriate assistance to countries and entities
that are subject to coercive economic practices by the People's
Republic of China.
SEC. 5515. CHINA CENSORSHIP MONITOR AND ACTION GROUP.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Qualified research entity.--The term ``qualified research
entity'' means an entity that--
(A) is a nonpartisan research organization or a Federally
funded research and development center;
(B) has appropriate expertise and analytical capability to
write the report required under subsection (c); and
(C) is free from any financial, commercial, or other
entanglements, which could undermine the independence of such
report or create a conflict of interest or the appearance of a
conflict of interest, with--
(i) the Government of the People's Republic of China;
(ii) the Chinese Communist Party;
(iii) any company incorporated in the People's Republic
of China or a subsidiary of such company; or
(iv) any company or entity incorporated outside of the
People's Republic of China that is believed to have a
substantial financial or commercial interest in the
People's Republic of China.
(3) United states person.--The term ``United States person''
means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity.
(b) China Censorship Monitor and Action Group.--
(1) In general.--The President shall establish an interagency
task force, which shall be known as the ``China Censorship Monitor
and Action Group'' (referred to in this subsection as the ``Task
Force'').
(2) Membership.--The President shall take the following actions
with respect to the membership of, and participation in, the Task
Force:
(A) Appoint the chair of the Task Force from among the
staff of the National Security Council.
(B) Appoint the vice chair of the Task Force from among the
staff of the National Economic Council.
(C) Determine the Federal departments and agencies that
will serve on the Task Force, and direct the head of those
agencies to appoint personnel at the level of Assistant
Secretary or above to participate in the Task Force.
(3) Responsibilities.--The Task Force shall--
(A) oversee the development and execution of an integrated
Federal Government strategy to monitor and address the impacts
of efforts directed, or directly supported, by the Government
of the People's Republic of China to censor or intimidate, in
the United States or in any of its possessions or territories,
any United States person, including United States companies
that conduct business in the People's Republic of China, which
are exercising their right to freedom of speech; and
(B) submit the strategy developed pursuant to subparagraph
(A) to the appropriate congressional committees not later than
120 days after the date of the enactment of this Act.
(4) Meetings.--The Task Force shall meet not less frequently
than twice per year.
(5) Consultations.--The Task Force should regularly consult, to
the extent necessary and appropriate, with--
(A) Federal agencies that are not represented on the Task
Force;
(B) independent agencies of the United States Government
that are not represented on the Task Force;
(C) relevant stakeholders in the private sector and the
media; and
(D) relevant stakeholders among United States allies and
partners facing similar challenges related to censorship or
intimidation by the Government of the People's Republic of
China.
(6) Reporting requirements.--
(A) Annual report.--The Task Force shall submit an annual
report to the appropriate congressional committees that
describes, with respect to the reporting period--
(i) the strategic objectives and policies pursued by
the Task Force to address the challenges of censorship and
intimidation of United States persons while in the United
States or any of its possessions or territories, which is
directed or directly supported by the Government of the
People's Republic of China;
(ii) the activities conducted by the Task Force in
support of the strategic objectives and policies referred
to in clause (i); and
(iii) the results of the activities referred to in
clause (ii) and the impact of such activities on the
national interests of the United States.
(B) Form of report.--Each report submitted pursuant to
subparagraph (A) shall be unclassified, but may include a
classified annex.
(C) Congressional briefings.--Not later than 90 days after
the date of the enactment of this Act, and annually thereafter,
the Task Force shall provide briefings to the appropriate
congressional committees regarding the activities of the Task
Force to execute the strategy developed pursuant to paragraph
(3)(A).
(c) Report on Censorship and Intimidation of United States Persons
by the Government of the People's Republic of China.--
(1) Report.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall select
and seek to enter into an agreement with a qualified research
entity that is independent of the Department of State to write
a report on censorship and intimidation in the United States
and its possessions and territories of United States persons,
including United States companies that conduct business in the
People's Republic of China, which is directed or directly
supported by the Government of the People's Republic of China.
(B) Matters to be included.--The report required under
subparagraph (A) shall--
(i) assess major trends, patterns, and methods of the
Government of the People's Republic of China's efforts to
direct or directly support censorship and intimidation of
United States persons, including United States companies
that conduct business in the People's Republic of China,
which are exercising their right to freedom of speech;
(ii) assess, including through the use of illustrative
examples, as appropriate, the impact on and consequences
for United States persons, including United States
companies that conduct business in the People's Republic of
China, that criticize--
(I) the Chinese Communist Party;
(II) the Government of the People's Republic of
China;
(III) the authoritarian model of government of the
People's Republic of China; or
(IV) a particular policy advanced by the Chinese
Communist Party or the Government of the People's
Republic of China;
(iii) identify the implications for the United States
of the matters described in clauses (i) and (ii);
(iv) assess the methods and evaluate the efficacy of
the efforts by the Government of the People's Republic of
China to limit freedom of expression in the private sector,
including media, social media, film, education, travel,
financial services, sports and entertainment, technology,
telecommunication, and internet infrastructure interests;
(v) include policy recommendations for the United
States Government, including recommendations regarding
collaboration with United States allies and partners, to
address censorship and intimidation by the Government of
the People's Republic of China; and
(vi) include policy recommendations for United States
persons, including United States companies that conduct
business in China, to address censorship and intimidation
by the Government of the People's Republic of China.
(C) Applicability to united states allies and partners.--To
the extent practicable, the report required under subparagraph
(A) should identify implications and policy recommendations
that are relevant to United States allies and partners facing
censorship and intimidation directed or directly supported by
the Government of the People's Republic of China.
(2) Submission of report.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of State shall submit
the report written by the qualified research entity selected
pursuant to paragraph (1)(A) to the appropriate congressional
committees.
(B) Publication.--The report referred to in subparagraph
(A) shall be made accessible to the public online through
relevant United States Government websites.
(d) Sunset.--This section shall terminate on the date that is 5
years after the date of enactment of this Act.
PART 3--INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
SEC. 5516. FINDINGS.
Congress makes the following findings:
(1) Since 2016, the Gambia, Sao Tome and Principe, Panama, the
Dominican Republic, Burkina Faso, El Salvador, the Solomon Islands,
and Kiribati have severed diplomatic relations with Taiwan in favor
of diplomatic relations with China.
(2) Taiwan was invited to participate in the World Health
Assembly (WHA), the decision-making body of the World Health
Organization (WHO), as an observer annually between 2009 and 2016.
Since the 2016 election of President Tsai, the PRC has increasingly
resisted Taiwan's participation in the WHA. Taiwan was not invited
to attend the WHA in 2017, 2018, 2019, 2020, or 2021.
(3) The Taipei Flight Information Region reportedly served
1,750,000 flights and 68,900,000 passengers in 2018, and is home to
Taiwan Taoyuan International Airport, the eleventh busiest airport
in the world. Taiwan has been excluded from participating at the
International Civil Aviation Organization (ICAO) since 2013.
(4) United Nations (UN) General Assembly Resolution 2758 does
not address the issue of representation of Taiwan and its people at
the United Nations, nor does it give the PRC the right to represent
the people of Taiwan.
SEC. 5517. SENSE OF CONGRESS ON TAIWAN'S MEANINGFUL PARTICIPATION IN
THE INTERNATIONAL COMMUNITY.
It is the sense of Congress that--
(1) Taiwan is an important contributor to the global community,
as a model for democracy, and by providing expertise in global
health, international aviation security, emerging technology
development, and high environmental standards;
(2) multiple United States Government administrations of both
political parties have taken important steps to advance Taiwan's
meaningful participation in international organizations;
(3) existing efforts to enhance United States cooperation with
Taiwan to provide global public goods, including through
development assistance, humanitarian assistance, and disaster
relief, in trilateral and multilateral fora are laudable and should
continue;
(4) nonetheless, significant structural, policy, and legal
barriers remain to advancing Taiwan's meaningful participation in
the international community; and
(5) efforts to share Taiwan's expertise with other parts of the
global community could be further enhanced through a systematic
approach, along with greater attention from Congress and the
American public to such efforts.
SEC. 5518. STRATEGY TO SUPPORT TAIWAN'S MEANINGFUL PARTICIPATION IN
INTERNATIONAL ORGANIZATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with
other Federal departments and agencies as appropriate, shall submit to
the appropriate congressional committees a strategy--
(1) to advance Taiwan''s meaningful participation in a
prioritized set of international organizations (IOs); and
(2) that responds to growing pressure from the PRC on foreign
governments, IOs, commercial actors, and civil society
organizations to comply with its ``One-China Principle'', with
respect to Taiwan.
(b) Matters to Be Included.--The strategy required under subsection
(a) should include the following elements:
(1) An assessment of the methods the PRC uses to coerce actors
to into adhering to its ``One-China Principle.'' The methods should
include those employed against governments, IOs, and civil society
organizations. The assessment should also include pressure on
commercial actors, to the extent it is relevant in the context of
Taiwan's meaningful participation in IOs.
(2) An assessment of the policies of foreign governments toward
the PRC and Taiwan, to identify likeminded allies and partners who
might become public or private partners in the strategy.
(3) A systematic analysis of all IOs, as practicable, to
identify IOs that best lend themselves to advancing Taiwan's
participation.
(4) A plan to expand economic, security, and diplomatic
engagement with nations that have demonstrably strengthened,
enhanced, or upgraded relations with Taiwan, in accordance with
United States interests.
(5) A survey of IOs that have allowed Taiwan's meaningful
participation, including an assessment of whether any erosion in
Taiwan's engagement has occurred within those organizations and how
Taiwan's participation has positively strengthened the capacity and
activity of these organizations, thereby providing positive models
for Taiwan's inclusion in other similar forums.
(6) A list of no more than 20 IOs at which the United States
Government will prioritize for using its voice, vote, and influence
to advance Taiwan's meaningful participation over the three-year
period following the date of enactment of this Act. The list should
be derived from the IOs identified in paragraph (3).
(7) A description of the diplomatic strategies and the
coalitions the United States Government plans to develop to
implement paragraph (6).
(c) Form of Report.--The strategy required in subsection (a) shall
be classified, but it may include an unclassified summary.
(d) Support for Meaningful Participation.--The Permanent
Representative of the United States to the United Nations and other
relevant United States officials shall actively support Taiwan's
meaningful participation in all appropriate international
organizations.
SEC. 5519. MEANINGFUL PARTICIPATION OF TAIWAN IN THE INTERNATIONAL
CIVIL AVIATION ORGANIZATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the International Civil Aviation Organization (ICAO) should
allow Taiwan to meaningfully participate in the organization,
including in ICAO triennial assembly sessions, conferences,
technical working groups, meetings, activities, and mechanisms;
(2) Taiwan is a global leader and hub for international
aviation, with a range of expertise, information, and resources and
the fifth busiest airport in Asia (Taoyuan International Airport),
and its meaningful participation in ICAO would significantly
enhance the ability of ICAO to ensure the safety and security of
global aviation; and
(3) coercion by the Chinese Communist Party and the People's
Republic of China has ensured the systematic exclusion of Taiwan
from meaningful participation in ICAO, significantly undermining
the ability of ICAO to ensure the safety and security of global
aviation.
(b) Plan for Taiwan's Meaningful Participation in the International
Civil Aviation Organization.--The Secretary of State, in coordination
with the Secretary of Commerce and the Secretary of Transportation, is
authorized--
(1) to initiate a United States plan to secure Taiwan's
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups, meetings,
activities, and mechanisms; and
(2) to instruct the United States representative to the ICAO
to--
(A) use the voice and vote of the United States to ensure
Taiwan's meaningful participation in ICAO, including in ICAO
triennial assembly sessions, conferences, technical working
groups, meetings, activities, and mechanisms; and
(B) seek to secure a vote at the next ICAO triennial
assembly session on the question of Taiwan's participation in
that session.
(c) Report Concerning Taiwan's Meaningful Participation in the
International Civil Aviation Organization.--Not later than 90 days
after the date of the enactment of this Act, and not later than April 1
of each year thereafter for the following 6 years, the Secretary of
State, in coordination with the Secretary of Commerce, shall submit to
the Committee on Foreign Relations and the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Foreign
Affairs, the Committee on Transportation and Infrastructure, and the
Committee on Energy and Commerce of the House of Representatives an
unclassified report that--
(1) describes the United States plan to ensure Taiwan's
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups, meetings,
activities, and mechanisms;
(2) includes an account of the efforts made by the Secretary of
State and the Secretary of Commerce to ensure Taiwan's meaningful
participation in ICAO, including in ICAO triennial assembly
sessions, conferences, technical working groups, meetings,
activities, and mechanisms; and
(3) identifies the steps the Secretary of State and the
Secretary of Commerce will take in the next year to ensure Taiwan's
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups, meetings,
activities, and mechanisms.
PART 4--MISCELLANEOUS PROVISIONS
SEC. 5520. REPORT ON TAIWAN TRAVEL ACT.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
(b) List of High-level Visits.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter for 5 years,
the Secretary of State, in accordance with the Taiwan Travel Act
(Public Law 115-135), shall submit to the appropriate committees of
Congress--
(1) a list of high-level officials from the United States
Government who have traveled to Taiwan on or after the date of the
enactment of the Taiwan Travel Act; and
(2) a list of high-level officials of Taiwan who have entered
the United States on or after such date of enactment.
(c) Annual Report.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for 5 years, the
Secretary of State shall submit to the appropriate committees of
Congress a report on the implementation of the Taiwan Travel Act
(Public Law 115-135; 132 Stat. 341), including a discussion of its
positive effects on United States interests in the region.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 5521. AMENDMENTS TO THE TAIWAN ALLIES INTERNATIONAL PROTECTION AND
ENHANCEMENT INITIATIVE (TAIPEI) ACT OF 2019.
The Taiwan Allies International Protection and Enhancement
Initiative (TAIPEI) Act of 2019 (Public Law 116-135) is amended--
(1) in section 2(5), by striking ``and Kiribati'' and inserting
``Kiribati, and Nicaragua,'';
(2) in section 4--
(A) in the matter preceding paragraph (1), by striking
``should be'' and inserting ``is'';
(B) in paragraph (2), by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) to support Taiwan's diplomatic relations with governments
and countries''; and
(3) in section 5--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``and'' at the end;
(ii) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) identify why governments and countries have altered their
diplomatic status vis-a-vis Taiwan and make recommendations to
mitigate further deterioration in Taiwan's diplomatic relations
with governments and countries.'';
(B) in subsection (b), by striking ``1 year after the date
of the enactment of this Act, and annually thereafter for five
years, the Secretary of State shall report'' and inserting ``90
days after the date of the enactment of the Taiwan Enhanced
Resilience Act, and annually thereafter for the following 7
years, the Secretary of State shall submit an unclassified
report, with a classified annex,'';
(C) by redesignating subsection (c) as subsection (d); and
(D) by inserting after subsection (b) the following:
``(c) Briefings.--Not later than 90 days after the date of the
enactment of the Taiwan Enhanced Resilience Act, and annually
thereafter for the following 7 years, the Secretary of State shall
provide briefings to the appropriate congressional committees on the
steps taken in accordance with section (a). The briefings required
under this subsection shall take place in an unclassified setting, but
may be accompanied by an additional classified briefing.''.
SEC. 5522. REPORT ON ROLE OF PEOPLE'S REPUBLIC OF CHINA'S NUCLEAR
THREAT IN ESCALATION DYNAMICS.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Select Committee on Intelligence of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Permanent Select Committee on Intelligence of the House
of Representatives.
(b) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and the Director of National Intelligence, shall
submit to the appropriate congressional committees a report assessing
the role of the increasing nuclear threat of the People's Republic of
China in escalation dynamics with respect to Taiwan.
(c) Form.--The report required by subsection (b) shall be submitted
in classified form, but may include an unclassified summary.
SEC. 5523. REPORT ANALYZING THE IMPACT OF RUSSIA'S WAR AGAINST UKRAINE
ON THE OBJECTIVES OF THE PEOPLE'S REPUBLIC OF CHINA WITH RESPECT TO
TAIWAN.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Select Committee on Intelligence of the Senate;
(5) the Committee on Banking, Housing, and Urban Affairs of the
Senate;
(6) the Committee on Commerce, Science, and Transportation of
the Senate;
(7) the Committee on Foreign Affairs of the House of
Representatives;
(8) the Committee on Armed Services of the House of
Representatives;
(9) the Committee on Appropriations of the House of
Representatives;
(10) the Permanent Select Committee on Intelligence of the
House of Representatives;
(11) the Committee on Financial Services of the House of
Representatives; and
(12) the Committee on Energy and Commerce of the House of
Representatives.
(b) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and the Director of National Intelligence, shall
submit a report to the appropriate congressional committees that
analyzes the impact of Russia's war against Ukraine on the PRC's
diplomatic, military, economic, and propaganda objectives with respect
to Taiwan.
(c) Elements.--The report required by subsection (b) shall
describe--
(1) adaptations or known changes to PRC strategies and military
doctrine that the United States assesses are a direct result of the
Russian invasion of Ukraine or that the United States assesses
represent lessons learned by the People's Republic of China in
light of Russia's invasion of Ukraine, including changes--
(A) to PRC behavior in international forums;
(B) within the People's Liberation Army, with respect to
the size of forces, the makeup of leadership, weapons
procurement, equipment upkeep, the doctrine on the use of
specific weapons, such as weapons banned under the
international law of armed conflict, efforts to move weapons
supply chains onto mainland PRC, or any other changes in its
military strategy with respect to Taiwan;
(C) in economic planning, such as sanctions evasion,
efforts to minimize exposure to sanctions, or moves in support
of the protection of currency or other strategic reserves;
(D) to propaganda, disinformation, and other information
operations originating in the PRC; and
(E) to the PRC's strategy for the use of force against
Taiwan, including any information on preferred scenarios or
operations to secure its objectives in Taiwan, adjustments
based on how the Russian military has performed in Ukraine, and
other relevant matters; and
(2) United States plans to adapt policies and military planning
in response to the changes referred to in paragraph (1).
(d) Form.--The report required by subsection (b) shall be submitted
in classified form.
(e) Coordination With Allies and Partners.--The Secretary of State
shall share information contained in the report required by subsection
(b), as appropriate, with appropriate officials of allied and partners,
including Taiwan and other partners in Europe and in the Indo-Pacific.
SEC. 5524. EXPANDING UNITED STATES-TAIWAN DEVELOPMENT COOPERATION.
(a) In General.--No later than 120 days following the date of
enactment of this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International Development
(USAID), the United States International Development Finance
Corporation (DFC), and the heads of other relevant Federal departments
and agencies that provide international economic assistance and other
support, shall submit to Congress a report on cooperation with Taiwan
on trilateral and multilateral development initiatives through the
American Institute in Taiwan as appropriate.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following elements:
(1) A comprehensive review of existing cooperation mechanisms
and initiatives among USAID, DFC, other relevant Federal agencies
that provide international economic assistance and other support,
and relevant departments and agencies in Taiwan, including Taiwan's
International Cooperation and Development Fund (ICDF).
(2) An assessment of how United States development cooperation
with relevant departments and agencies in Taiwan compares to
comparable cooperation with partners of similar economic size and
foreign assistance capacity to Taiwan.
(3) An analysis of the opportunities and challenges the
cooperation reviewed in paragraph (1) has offered to date. The
analysis shall include--
(A) opportunities that collaboration has offered to expand
the United States Government's ability to deliver support,
assistance, and other international financial products into a
wider range communities;
(B) sectors where USAID, DFC, ICDF, other relevant Federal
agencies that provide international economic assistance and
other support in both Taiwan and the United States, or the
organizations' implementing partners have a comparative
advantage in providing assistance;
(C) opportunities to transition capacity building events
with relevant departments and agencies in Taiwan, through the
Global Cooperation and Training Framework as well as other
forums, into enduring forms of development cooperation.
(4) An assessment of any legal, policy, logistical, financial,
or administrative barriers to expanding cooperation in trilateral
or multilateral development. The analysis shall include--
(A) availability of personnel at the American Institute in
Taiwan responsible for coordinating development assistance
cooperation;
(B) volume of current cooperation initiatives and barriers
to expanding them;
(C) diplomatic, policy, or legal barriers facing the United
States or other partners to including Taiwan in formal and
informal multilateral development cooperation mechanisms;
(D) resource or capacity barriers to expanding cooperation
facing the United States or Taiwan; and
(E) geopolitical barriers that complicate United States-
Taiwan cooperation in third countries.
(5) Recommendations to address the challenges identified in
paragraph (4).
(6) A description of any additional resources or authorities
that expanding cooperation might require.
(c) Form of Report.--The strategy required under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 5525. SENSE OF CONGRESS ON EXPANDING UNITED STATES ECONOMIC
RELATIONS WITH TAIWAN.
It is the sense of the Congress that--
(1) expanding United States economic relations with Taiwan has
benefitted the people of both the United States and Taiwan, as
Taiwan is now the United States 10th largest goods trading partner,
13th largest export market, 13th largest source of imports, and a
key destination for United States agricultural exports;
(2) further integration would benefit both peoples and is in
the strategic and diplomatic interests of the United States; and
(3) the United States should explore opportunities to expand
economic agreements between Taiwan and the United States, through
dialogue, and by developing the legal templates required to support
potential future agreements.
PART 5--SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS WITH
TAIWAN
SEC. 5526. SHORT TITLE.
This part may be cited as the ``Taiwan Fellowship Act''.
SEC. 5527. FINDINGS.
Congress makes the following findings:
(1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301
et seq.) affirmed United States policy ``to preserve and promote
extensive, close, and friendly commercial, cultural, and other
relations between the people of the United States and the people on
Taiwan, as well as the people on the China mainland and all other
peoples of the Western Pacific area''.
(2) Consistent with the Asia Reassurance Initiative Act of 2018
(Public Law 115-409), the United States has grown its strategic
partnership with Taiwan's vibrant democracy of 23,000,000 people.
(3) The creation of a United States fellowship program with
Taiwan would support--
(A) a key priority of expanding people-to-people exchanges,
which was outlined in President Donald J. Trump's 2017 National
Security Strategy;
(B) President Joseph R. Biden's commitment to Taiwan, ``a
leading democracy and a critical economic and security
partner'', as expressed in his March 2021 Interim National
Security Strategic Guidance; and
(C) April 2021 guidance from the Department of State based
on a review required under the Taiwan Assurance Act of 2020
(subtitle B of title III of division FF of Public Law 116-260)
to ``encourage U.S. government engagement with Taiwan that
reflects our deepening unofficial relationship''.
SEC. 5528. PURPOSES.
The purposes of this part are--
(1) to further strengthen the United States-Taiwan strategic
partnership and broaden understanding of the Indo-Pacific region by
temporarily assigning officials of any agencies of the United
States Government to Taiwan for intensive study in Mandarin and
placement as Fellows in a Taiwanese civic institution;
(2) to provide for eligible United States personnel--
(A) to learn or strengthen Mandarin Chinese language
skills; and
(B) to expand their understanding of the political economy
of Taiwan and the Indo-Pacific region; and
(3) to better position the United States to advance its
economic, security, and human rights interests and values in the
Indo-Pacific region.
SEC. 5529. DEFINITIONS.
In this part:
(1) Agency head.--The term ``agency head'' means, in the case
of the executive branch of United States Government or a
legislative branch agency described in paragraph (2), the head of
the respective agency.
(2) Agency of the united states government.--The term ``agency
of the United States Government'' includes the Government
Accountability Office, the Congressional Budget Office, and the
Congressional Research Service of the legislative branch, as well
as any agency of the executive branch.
(3) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(4) Detailee.--The term ``detailee'' means--
(A) an employee of an agency of the United States
Government on loan to the American Institute in Taiwan, without
a change of position from the agency at which the employee is
employed; and
(B) a legislative branch employee from the Government
Accountability Office, Congressional Budget Office, or the
Congressional Research Service.
(5) Implementing partner.--The term ``implementing partner''
means any United States organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 that--
(A) performs logistical, administrative, and other
functions, as determined by the Department of State and the
American Institute of Taiwan in support of the Taiwan
Fellowship Program; and
(B) enters into a cooperative agreement with the American
Institute in Taiwan to administer the Taiwan Fellowship
Program.
(6) Program.--The term ``Program'' means the Taiwan Fellowship
Program established pursuant to section 5530.
SEC. 5530. TAIWAN FELLOWSHIP PROGRAM.
(a) Establishment.--The Secretary of State shall establish the
Taiwan Fellowship Program (referred to in this section as the
``Program'') to provide a fellowship opportunity in Taiwan of up to 2
years for eligible United States citizens. The Department of State, in
consultation with the American Institute in Taiwan and the implementing
partner, may modify the name of the Program.
(b) Cooperative Agreement.--
(1) In general.--The American Institute in Taiwan should use
amounts appropriated pursuant to section 5533(a) to enter into an
annual or multi-year cooperative agreement with an appropriate
implementing partner.
(2) Fellowships.--The Department of State or the American
Institute in Taiwan, in consultation with, as appropriate, the
implementing partner, should award to eligible United States
citizens, subject to available funding--
(A) approximately 5 fellowships during the first 2 years of
the Program; and
(B) approximately 10 fellowships during each of the
remaining years of the Program.
(c) American Institution in Taiwan Agreement; Implementing
Partner.--Not later than 30 days after the date of the enactment of
this Act, the American Institute in Taiwan, in consultation with the
Department of State, should--
(1) begin negotiations with the Taipei Economic and Cultural
Representative Office, or with another appropriate entity, for the
purpose of entering into an agreement to facilitate the placement
of fellows in an agency of Taiwan; and
(2) begin the process of selecting an implementing partner,
which--
(A) shall agree to meet all of the legal requirements
required to operate in Taiwan; and
(B) shall be composed of staff who demonstrate significant
experience managing exchange programs in the Indo-Pacific
region.
(d) Curriculum.--
(1) First year.--During the first year of each fellowship under
this section, each fellow should study--
(A) the Mandarin Chinese language;
(B) the people, history, and political climate on Taiwan;
and
(C) the issues affecting the relationship between the
United States and the Indo-Pacific region.
(2) Second year.--During the second year of each fellowship
under this section, each fellow, subject to the approval of the
Department of State, the American Institute in Taiwan, and the
implementing partner, and in accordance with the purposes of this
subtitle, should work in--
(A) a parliamentary office, ministry, or other agency of
Taiwan; or
(B) an organization outside the public sector in Taiwan,
whose interests are associated with the interests of the fellow
and the agency of the United States Government from which the
fellow is or had been employed.
(e) Program Requirements.--
(1) Eligibility requirements.--A United States citizen is
eligible for a fellowship under this section if the citizen--
(A) is an employee of the United States Government;
(B) has received at least one exemplary performance review
in his or her current United States Government role within at
least the last three years prior to beginning the fellowship;
(C) has at least 2 years of experience in any branch of the
United States Government;
(D) has a demonstrated professional or educational
background in the relationship between the United States and
countries in the Indo-Pacific region; and
(E) has demonstrated his or her commitment to further
service in the United States Government.
(2) Responsibilities of fellows.--Each recipient of a
fellowship under this section shall agree, as a condition of such
fellowship--
(A) to maintain satisfactory progress in language training
and appropriate behavior in Taiwan, consistent with United
States Government policy toward Taiwan, as determined by the
Department of State, the American Institute in Taiwan and, as
appropriate, its implementing partner;
(B) to refrain from engaging in any intelligence or
intelligence-related activity on behalf of the United States
Government; and
(C) to continue Federal Government employment for a period
of not less than 4 years after the conclusion of the fellowship
or for not less than 2 years for a fellowship that is 1 year or
shorter.
(3) Responsibilities of implementing partner.--
(A) Selection of fellows.--The implementing partner, with
the concurrence of the Department of State and the American
Institute in Taiwan, shall--
(i) make efforts to recruit fellowship candidates who
reflect the diversity of the United States;
(ii) select fellows for the Taiwan Fellowship Program
based solely on merit, with appropriate supervision from
the Department of State and the American Institute in
Taiwan; and
(iii) prioritize the selection of candidates willing to
serve in a fellowship lasting 1 year or longer.
(B) First year.--The implementing partner should provide
each fellow in the first year (or shorter duration, as jointly
determined by the Department of State and the American
Institute in Taiwan for those who are not serving a 2-year
fellowship) with--
(i) intensive Mandarin Chinese language training; and
(ii) courses in the politics, culture, and history of
Taiwan, China, and the broader Indo-Pacific.
(C) Waiver of first-year training.--The Department of
State, in coordination with the American Institute in Taiwan
and, as appropriate, the implementing partner, may waive any of
the training required under paragraph (2) to the extent that a
fellow has Mandarin language skills, knowledge of the topic
described in subparagraph (B)(ii), or for other related reasons
approved by the Department of State and the American Institute
in Taiwan. If any of the training requirements are waived for a
fellow serving a 2-year fellowship, the training portion of his
or her fellowship may be shortened to the extent appropriate.
(D) Office; staffing.--The implementing partner, in
consultation with the Department of State and the American
Institute in Taiwan, may maintain an office and at least 1
full-time staff member in Taiwan--
(i) to liaise with the American Institute in Taiwan and
institutions of Taiwan; and
(ii) to serve as the primary in-country point of
contact for the recipients of fellowships under this part
and their dependents.
(E) Other functions.--The implementing partner may perform
other functions in association with support of the Taiwan
Fellowship Program, including logistical and administrative
functions, as prescribed by the Department of State and the
American Institute in Taiwan.
(4) Noncompliance.--
(A) In general.--Any fellow who fails to comply with the
requirements under this section shall reimburse the American
Institute in Taiwan, or the appropriate United States
Government agency for--
(i) the Federal funds expended for the fellow's
participation in the fellowship, as set forth in
subparagraphs (B) and (C); and
(ii) interest accrued on such funds (calculated at the
prevailing rate).
(B) Full reimbursement.--Any fellow who violates
subparagraph (A) or (B) of paragraph (2) shall reimburse the
American Institute in Taiwan, or the appropriate United States
Government agency, in an amount equal to the sum of--
(i) all of the Federal funds expended for the fellow's
participation in the fellowship; and
(ii) interest on the amount specified in subparagraph
(A), which shall be calculated at the prevailing rate.
(C) Pro rata reimbursement.--Any fellow who violates
subparagraph (C) of paragraph (2) shall reimburse the American
Institute in Taiwan, or the appropriate United States
Government agency, in an amount equal to the difference
between--
(i) the amount specified in subparagraph (B); and
(ii) the product of--
(I) the amount the fellow received in compensation
during the final year of the fellowship, including the
value of any allowances and benefits received by the
fellow; multiplied by
(II) the percentage of the period specified in
paragraph (2)(C) during which the fellow did not remain
employed by the Federal Government.
(f) Flexible Fellowship Duration.--Notwithstanding any requirement
under this section, the Secretary of State, in consultation with the
American Institute in Taiwan and, as appropriate, the implementing
partner, may award fellowships that have a duration of less than 2
years, and may alter the curriculum requirements under subsection (d)
for such purposes.
(g) Sunset.--The fellowship program under this part shall terminate
7 years after the date of the enactment of this Act.
SEC. 5531. REPORTS AND AUDITS.
(a) Annual Report.--Not later than 90 days after the selection of
the first class of fellows under this part, and annually thereafter for
7 years, the Department of State shall offer to brief the appropriate
committees of Congress regarding the following issues:
(1) An assessment of the performance of the implementing
partner in fulfilling the purposes of this part.
(2) The names and sponsoring agencies of the fellows selected
by the implementing partner and the extent to which such fellows
represent the diversity of the United States.
(3) The names of the parliamentary offices, ministries, other
agencies of Taiwan, and nongovernmental institutions to which each
fellow was assigned during the second year of the fellowship.
(4) Any recommendations, as appropriate, to improve the
implementation of the Taiwan Fellowship Program, including added
flexibilities in the administration of the program.
(5) An assessment of the Taiwan Fellowship Program's value upon
the relationship between the United States and Taiwan or the United
States and Asian countries.
(b) Annual Financial Audit.--
(1) In general.--The financial records of any implementing
partner shall be audited annually in accordance with generally
accepted government auditing standards by independent certified
public accountants or independent licensed public accountants who
are certified or licensed by a regulatory authority of a State or
another political subdivision of the United States.
(2) Location.--Each audit under paragraph (1) shall be
conducted at the place or places where the financial records of the
implementing partner are normally kept.
(3) Access to documents.--The implementing partner shall make
available to the accountants conducting an audit under paragraph
(1)--
(A) all books, financial records, files, other papers,
things, and property belonging to, or in use by, the
implementing partner that are necessary to facilitate the
audit; and
(B) full facilities for verifying transactions with the
balances or securities held by depositories, fiscal agents, and
custodians.
(4) Report.--
(A) In general.--Not later than 270 days after the end of
each fiscal year, the implementing partner shall provide a
report of the audit conducted for such fiscal year under
paragraph (1) to the Department of State and the American
Institute in Taiwan.
(B) Contents.--Each audit report shall--
(i) set forth the scope of the audit;
(ii) include such statements, along with the auditor's
opinion of those statements, as may be necessary to present
fairly the implementing partner's assets and liabilities,
surplus or deficit, with reasonable detail;
(iii) include a statement of the implementing partner's
income and expenses during the year; and
(iv) include a schedule of--
(I) all contracts and cooperative agreements
requiring payments greater than $5,000; and
(II) any payments of compensation, salaries, or
fees at a rate greater than $5,000 per year.
(C) Copies.--Each audit report shall be produced in
sufficient copies for distribution to the public.
SEC. 5532. TAIWAN FELLOWS ON DETAIL FROM GOVERNMENT SERVICE.
(a) In General.--
(1) Detail authorized.--With the approval of the Secretary of
State, an agency head may detail, for a period of not more than 2
years, an employee of the agency of the United States Government
who has been awarded a fellowship under this part, to the American
Institute in Taiwan for the purpose of assignment to Taiwan or an
organization described in section 5530(d)(2)(B).
(2) Agreement.--Each detailee shall enter into a written
agreement with the Federal Government before receiving a
fellowship, in which the fellow shall agree--
(A) to continue in the service of the sponsoring agency at
the end of fellowship for a period of at least 4 years (or at
least 2 years if the fellowship duration is 1 year or shorter)
unless the detailee is involuntarily separated from the service
of such agency; and
(B) to pay to the American Institute in Taiwan, or the
United States Government agency, as appropriate, any additional
expenses incurred by the Federal Government in connection with
the fellowship if the detailee voluntarily separates from
service with the sponsoring agency before the end of the period
for which the detailee has agreed to continue in the service of
such agency.
(3) Exception.--The payment agreed to under paragraph (2)(B)
may not be required from a detailee who leaves the service of the
sponsoring agency to enter into the service of another agency of
the United States Government unless the head of the sponsoring
agency notifies the detailee before the effective date of entry
into the service of the other agency that payment will be required
under this subsection.
(b) Status as Government Employee.--A detailee--
(1) is deemed, for the purpose of preserving allowances,
privileges, rights, seniority, and other benefits, to be an
employee of the sponsoring agency;
(2) is entitled to pay, allowances, and benefits from funds
available to such agency, which is deemed to comply with section
5536 of title 5, United States Code; and
(3) may be assigned to a position with an entity described in
section 5530(d)(2)(A) if acceptance of such position does not
involve--
(A) the taking of an oath of allegiance to another
government; or
(B) the acceptance of compensation or other benefits from
any foreign government by such detailee.
(c) Responsibilities of Sponsoring Agency.--
(1) In general.--The Federal agency from which a detailee is
detailed should provide the fellow allowances and benefits that are
consistent with Department of State Standardized Regulations or
other applicable rules and regulations, including--
(A) a living quarters allowance to cover the cost of
housing in Taiwan;
(B) a cost of living allowance to cover any possible higher
costs of living in Taiwan;
(C) a temporary quarters subsistence allowance for up to 7
days if the fellow is unable to find housing immediately upon
arriving in Taiwan;
(D) an education allowance to assist parents in providing
the fellow's minor children with educational services
ordinarily provided without charge by public schools in the
United States;
(E) moving expenses to transport personal belongings of the
fellow and his or her family in their move to Taiwan, which is
comparable to the allowance given for American Institute in
Taiwan employees assigned to Taiwan; and
(F) an economy-class airline ticket to and from Taiwan for
each fellow and the fellow's immediate family.
(2) Modification of benefits.--The American Institute in Taiwan
and its implementing partner, with the approval of the Department
of State, may modify the benefits set forth in paragraph (1) if
such modification is warranted by fiscal circumstances.
(d) No Financial Liability.--The American Institute in Taiwan, the
implementing partner, and Taiwan or non-public sector entities in
Taiwan at which a fellow is detailed during the second year of the
fellowship may not be held responsible for the pay, allowances, or any
other benefit normally provided to the detailee.
(e) Reimbursement.--Fellows may be detailed under subsection (a)(1)
without reimbursement to the United States by the American Institute in
Taiwan.
(f) Allowances and Benefits.--Detailees may be paid by the American
Institute in Taiwan for the allowances and benefits listed in
subsection (c).
SEC. 5533. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the American Institute in Taiwan--
(1) for fiscal year 2023, $2,900,000, of which--
(A) $500,000 should be used to launch the Taiwan Fellowship
Program through a competitive cooperative agreement with an
appropriate implementing partner;
(B) $2,300,000 should be used to fund a cooperative
agreement with an appropriate implementing partner; and
(C) $100,000 should be used for management expenses of the
American Institute in Taiwan related to the management of the
Taiwan Fellowship Program; and
(2) for fiscal year 2024, and each succeeding fiscal year,
$2,400,000, of which--
(A) $2,300,000 should be used for a cooperative agreement
to the appropriate implementing partner; and
(B) $100,000 should be used for management expenses of the
American Institute in Taiwan related to the management of the
Taiwan Fellowship Program.
(b) Private Sources.--The implementing partner selected to
implement the Taiwan Fellowship Program may accept, use, and dispose of
gifts or donations of services or property in carrying out such
program, subject to the review and approval of the American Institute
in Taiwan.
SEC. 5534. STUDY AND REPORT.
Not later than 1 year prior to the sunset of the fellowship program
under section 5530(g), the Comptroller General of the United States
shall conduct a study and submit to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House a
report that includes--
(1) an analysis of the United States Government participants in
this program, including the number of applicants and the number of
fellowships undertaken, the place of employment, and an assessment
of the costs and benefits for participants and for the United
States Government of such fellowships;
(2) an analysis of the financial impact of the fellowship on
United States Government offices which have provided fellows to
participate in the program; and
(3) recommendations, if any, on how to improve the fellowship
program.
SEC. 5535. SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS
WITH TAIWAN.
(a) Establishment of the United States-Taiwan Cultural Exchange
Foundation.--The Secretary of State should consider establishing an
independent nonprofit entity that--
(1) is dedicated to deepening ties between the future leaders
of Taiwan and the future leaders of the United States; and
(2) works with State and local school districts and educational
institutions to send high school and university students to Taiwan
to study the Chinese language, culture, history, politics, and
other relevant subjects.
(b) Partner.--State and local school districts and educational
institutions, including public universities, are encouraged to partner
with the Taipei Economic and Cultural Representative Office in the
United States to establish programs to promote more educational and
cultural exchanges.
PART 6--UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION
SEC. 5536. SHORT TITLE.
This part may be cited as ``United States-Taiwan Public Health
Protection Act''.
SEC. 5537. DEFINITIONS.
In this part:
(1) Appropriate congressional committees.--For the purposes of
this part, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Committee on Energy and Commerce of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Center.--The term ``Center'' means the Infectious Disease
Monitoring Center described in section 5538(a)(2).
SEC. 5538. STUDY ON AN INFECTIOUS DISEASE MONITORING CENTER.
(a) Study.--Not later than one year after the date of the enactment
of this Act, the Secretary of State and the Secretary of Health and
Human Services, in consultation with the heads of other relevant
Federal departments and agencies, shall submit to appropriate
congressional committees a study that includes the following:
(1) A description of ongoing cooperation between the United
States Government and Taiwan related to public health, including
public health activities supported by the United States in Taiwan.
(2) A description how the United States and Taiwan can promote
further cooperation and expand public health activities, including
the feasibility and utility of establishing an Infectious Disease
Monitoring Center within the American Institute of Taiwan in
Taipei, Taiwan to--
(A) regularly monitor, analyze, and disseminate open-source
material from countries in the region, including viral strains,
bacterial subtypes, and other pathogens;
(B) engage in people-to-people contacts with medical
specialists and public health officials in the region;
(C) provide expertise and information on infectious
diseases to the United States Government and Taiwanese
officials; and
(D) carry out other appropriate activities, as determined
by the Director of the Center.
(b) Elements.--The study required by subsection (a) shall include--
(1) a plan on how such a Center would be established and
operationalized, including--
(A) the personnel, material, and funding requirements
necessary to establish and operate the Center; and
(B) the proposed structure and composition of Center
personnel, which may include--
(i) infectious disease experts from the Department of
Health and Human Services, who are recommended to serve as
detailees to the Center; and
(ii) additional qualified persons to serve as detailees
to or employees of the Center, including--
(I) from any other relevant Federal department or
agencies, to include the Department of State and the
United States Agency for International Development;
(II) qualified foreign service nationals or locally
engaged staff who are considered citizens of Taiwan;
and
(III) employees of the Taiwan Centers for Disease
Control;
(2) an evaluation, based on the factors in paragraph (1), of
whether to establish the Center; and
(3) a description of any consultations or agreements between
the American Institute in Taiwan and the Taipei Economic and
Cultural Representative Office in the United States regarding the
establishment and operation of the Center, including--
(A) the role that employees of the Taiwan Centers for
Disease Control would play in supporting or coordinating with
the Center; and
(B) whether any employees of the Taiwan Centers for Disease
Control would be detailed to, or co-located with, the Center.
(c) Consultation.--The Secretary of State and the Secretary of
Health and Human Services shall consult with the appropriate
congressional committees before full completion of the study.
PART 7--RULES OF CONSTRUCTION
SEC. 5539. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed--
(1) to restore diplomatic relations with the Republic of China;
or
(2) to alter the United States Government's position with
respect to the international status of the Republic of China.
SEC. 5540. RULE OF CONSTRUCTION REGARDING THE USE OF MILITARY FORCE.
Nothing in this title may be construed as authorizing the use of
military force or the introduction of United States forces into
hostilities.
Subtitle B--United States-Ecuador Partnership Act of 2022
SEC. 5541. SHORT TITLE.
This subtitle may be cited as the ``United States-Ecuador
Partnership Act of 2022''.
SEC. 5542. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should take additional steps to
strengthen its bilateral partnership with Ecuador, including by
providing for robust trade and investment, increasing law
enforcement cooperation, renewing the activities of the United
States Agency for International Development in Ecuador, and
supporting Ecuador's response to and recovery from the COVID-19
pandemic, as necessary and appropriate; and
(2) strengthening the United States-Ecuador partnership
presents an opportunity to advance core United States national
security interests and work with other democratic partners to
maintain a prosperous, politically stable, and democratic Western
Hemisphere that is resilient to malign foreign influence.
SEC. 5543. FACILITATING ECONOMIC AND COMMERCIAL TIES.
The Secretary of State, in coordination with the Secretary of
Commerce, the United States Trade Representative, the Secretary of the
Treasury, and the heads of other relevant Federal departments and
agencies, as appropriate, shall develop and implement a strategy to
strengthen commercial and economic ties between the United States and
Ecuador by--
(1) promoting cooperation and information sharing to encourage
awareness of and increase trade and investment opportunities
between the United States and Ecuador;
(2) supporting efforts by the Government of Ecuador to promote
a more open, transparent, and competitive business environment,
including by lowering trade barriers, implementing policies to
reduce trading times, and improving efficiencies to expedite
customs operations for importers and exporters of all sizes, in all
sectors, and at all ports of entry in Ecuador;
(3) establishing frameworks or mechanisms to review the long
term financial sustainability and security implications of foreign
investments in Ecuador in strategic sectors or services;
(4) establishing competitive and transparent infrastructure
project selection and procurement processes in Ecuador that promote
transparency, open competition, financial sustainability, and
robust adherence to global standards and norms;
(5) developing programs to help the Government of Ecuador
improve efficiency and transparency in customs administration,
including through support for the Government of Ecuador's ongoing
efforts to digitize its customs process and accept electronic
documents required for the import, export, and transit of goods
under specific international standards, as well as related training
to expedite customs, security, efficiency, and competitiveness;
(6) spurring digital transformation that would advance--
(A) the provision of digitized government services with the
greatest potential to improve transparency, lower business
costs, and expand citizens' access to public services and
public information; and
(B) best practices to mitigate the risks to digital
infrastructure by doing business with communication networks
and communications supply chains with equipment and services
from companies with close ties to or susceptible to pressure
from governments or security services without reliable legal
checks on governmental powers; and
(7) identifying, as appropriate, a role for the United States
International Development Finance Corporation, the Millennium
Challenge Corporation, the United States Agency for International
Development, and the United States private sector in supporting
efforts to increase private sector investment and strengthen
economic prosperity.
SEC. 5544. PROMOTING INCLUSIVE ECONOMIC DEVELOPMENT.
The Administrator of the United States Agency for International
Development, in coordination with the Secretary of State and the heads
of other relevant Federal departments and agencies, as appropriate,
shall develop and implement a strategy and related programs to support
inclusive economic development across Ecuador's national territory by--
(1) facilitating increased access to public and private
financing, equity investments, grants, and market analysis for
small and medium-sized businesses;
(2) providing technical assistance to local governments to
formulate and enact local development plans that invest in
Indigenous and Afro-Ecuadorian communities;
(3) connecting rural agricultural networks, including
Indigenous and Afro-Ecuadorian agricultural networks, to consumers
in urban centers and export markets, including through
infrastructure construction and maintenance programs that are
subject to audits and carefully designed to minimize potential
environmental harm;
(4) partnering with local governments, the private sector, and
local civil society organizations, including organizations
representing marginalized communities and faith-based
organizations, to provide skills training and investment in support
of initiatives that provide economically viable, legal alternatives
to participating in illegal economies; and
(5) connecting small scale fishing enterprises to consumers and
export markets, in order to reduce vulnerability to organized
criminal networks.
SEC. 5545. COMBATING ILLICIT ECONOMIES, CORRUPTION, AND NEGATIVE
FOREIGN INFLUENCE.
The Secretary of State, in coordination with the Secretary of the
Treasury, shall develop and implement a strategy and related programs
to increase the capacity of Ecuador's justice system and law
enforcement authorities to combat illicit economies, corruption,
transnational criminal organizations, and the harmful influence of
malign foreign and domestic actors by--
(1) providing technical assistance and material support
(including, as appropriate, radars, vessels, and communications
equipment) to vetted specialized units of Ecuador's national police
and the armed services to disrupt, degrade, and dismantle
organizations involved in illicit narcotics trafficking,
transnational criminal activities, illicit mining, and illegal,
unregulated, and unreported fishing, among other illicit
activities;
(2) providing technical assistance to address challenges
related to Ecuador's penitentiary and corrections system;
(3) strengthening the regulatory framework of mining through
collaboration with key Ecuadorian institutions, such as the
Interior Ministry's Special Commission for the Control of Illegal
Mining and the National Police's Investigative Unit on Mining
Crimes, and providing technical assistance in support of their law
enforcement activities;
(4) providing technical assistance to judges, prosecutors, and
ombudsmen to increase capacity to enforce laws against human
smuggling and trafficking, illicit mining, illegal logging,
illegal, unregulated, and unreported (IUU) fishing, and other
illicit economic activities;
(5) providing support to the Government of Ecuador to prevent
illegal, unreported, and unregulated fishing, including through
expanding detection and response capabilities, and the use of dark
vessel tracing technology;
(6) supporting multilateral efforts to stem illegal,
unreported, and unregulated fishing with neighboring countries in
South America and within the South Pacific Regional Fisheries
Management Organisation;
(7) assisting the Government of Ecuador's efforts to protect
defenders of internationally recognized human rights, including
through the work of the Office of the Ombudsman of Ecuador, and by
encouraging the inclusion of Indigenous and Afro-Ecuadorian
communities and civil society organizations in this process;
(8) supporting efforts to improve transparency, uphold
accountability, and build capacity within the Office of the
Comptroller General;
(9) enhancing the institutional capacity and technical
capabilities of defense and security institutions of Ecuador to
conduct national or regional security missions, including through
regular bilateral and multilateral cooperation, foreign military
financing, international military education, and training programs,
consistent with applicable Ecuadorian laws and regulations;
(10) enhancing port management and maritime security
partnerships to disrupt, degrade, and dismantle transnational
criminal networks and facilitate the legitimate flow of people,
goods, and services; and
(11) strengthening cybersecurity cooperation--
(A) to effectively respond to cybersecurity threats,
including state-sponsored threats;
(B) to share best practices to combat such threats;
(C) to help develop and implement information architectures
that respect individual privacy rights and reduce the risk that
data collected through such systems will be exploited by malign
state and non-state actors;
(D) to strengthen resilience against cyberattacks; and
(E) to strengthen the resilience of critical
infrastructure.
SEC. 5546. STRENGTHENING DEMOCRATIC GOVERNANCE.
(a) Strengthening Democratic Governance.--The Secretary of State,
in coordination with the Administrator of the United States Agency for
International Development, should develop and implement initiatives to
strengthen democratic governance in Ecuador by supporting--
(1) measures to improve the capacity of national and
subnational government institutions to govern through transparent,
inclusive, and democratic processes;
(2) efforts that measurably enhance the capacity of political
actors and parties to strengthen democratic institutions and the
rule of law;
(3) initiatives to strengthen democratic governance, including
combating political, administrative, and judicial corruption and
improving transparency of the administration of public budgets; and
(4) the efforts of civil society organizations and independent
media--
(A) to conduct oversight of the Government of Ecuador and
the National Assembly of Ecuador;
(B) to promote initiatives that strengthen democratic
governance, anti-corruption standards, and public and private
sector transparency; and
(C) to foster political engagement between the Government
of Ecuador, including the National Assembly of Ecuador, and all
parts of Ecuadorian society, including women, indigenous
communities, and Afro-Ecuadorian communities.
(b) Legislative Strengthening.--The Administrator of the United
States Agency for International Development, working through the
Consortium for Elections and Political Process Strengthening or any
equivalent or successor mechanism, shall develop and implement programs
to strengthen the National Assembly of Ecuador by providing training
and technical assistance to--
(1) members and committee offices of the National Assembly of
Ecuador, including the Ethics Committee and Audit Committee;
(2) assist in the creation of entities that can offer
comprehensive and independent research and analysis on legislative
and oversight matters pending before the National Assembly,
including budgetary and economic issues; and
(3) improve democratic governance and government transparency,
including through effective legislation.
(c) Bilateral Legislative Cooperation.--To the degree practicable,
in implementing the programs required under subsection (b), the
Administrator of the United States Agency for International Development
should facilitate meetings and collaboration between members of the
United States Congress and the National Assembly of Ecuador.
SEC. 5547. FOSTERING CONSERVATION AND STEWARDSHIP.
The Administrator of the United States Agency for International
Development, in coordination with the Secretary of State and the heads
of other relevant Federal departments and agencies, shall develop and
implement programs and enhance existing programs, as necessary and
appropriate, to improve ecosystem conservation and enhance the
effective stewardship of Ecuador's natural resources by--
(1) providing technical assistance to Ecuador's Ministry of the
Environment to safeguard national parks and protected forests and
protected species, while promoting the participation of Indigenous
communities in this process;
(2) strengthening the capacity of communities to access the
right to prior consultation, encoded in Article 57 of the
Constitution of Ecuador and related laws, executive decrees,
administrative acts, and ministerial regulations;
(3) supporting Indigenous and Afro-Ecuadorian communities as
they raise awareness of threats to biodiverse ancestral lands,
including through support for local media in such communities and
technical assistance to monitor illicit activities;
(4) partnering with the Government of Ecuador in support of
reforestation and improving river, lake, and coastal water quality;
(5) providing assistance to communities affected by illegal
mining and deforestation; and
(6) fostering mechanisms for cooperation on emergency
preparedness and rapid recovery from natural disasters, including
by--
(A) establishing regional preparedness, recovery, and
emergency management centers to facilitate rapid response to
survey and help maintain planning on regional disaster
anticipated needs and possible resources; and
(B) training disaster recovery officials on latest
techniques and lessons learned from United States experiences.
SEC. 5548. AUTHORIZATION TO TRANSFER EXCESS COAST GUARD VESSELS.
(a) Sense of Congress.--It is the sense of Congress that the United
States should undertake efforts to expand cooperation with the
Government of Ecuador to--
(1) ensure protections for the Galapagos Marine Reserve;
(2) deter illegal, unreported, and unregulated fishing; and
(3) increase interdiction of narcotics trafficking and other
forms of illicit trafficking.
(b) Authority to Transfer Excess Coast Guard Vessels to the
Government of Ecuador.--The President shall conduct a joint assessment
with the Government of Ecuador to ensure sufficient capacity exists to
maintain Island class cutters. Upon completion of a favorable
assessment, the President is authorized to transfer up to two ISLAND
class cutters to the Government of Ecuador as excess defense articles
pursuant to the authority of section 516 of the Foreign Assistance Act
(22 U.S.C. 2321j).
(c) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
on a grant basis pursuant to authority provided by subsection (b) shall
not be counted against the aggregate value of excess defense articles
transferred in any fiscal year under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j).
(d) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)).
(e) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the recipient to
which the vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval forces of
that recipient, performed at a shipyard located in the United States.
(f) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the 3-year period
beginning on the date of the enactment of this Act.
SEC. 5549. REPORTING REQUIREMENTS.
(a) Secretary of State.--The Secretary of State, in coordination
with the heads of other relevant Federal departments and agencies as
described in sections 5543, 5545, and 5546(a), shall--
(1) not later than 180 days after the date of the enactment of
this Act, submit to the appropriate congressional committees a
comprehensive strategy to address the requirements described in
sections 5543, 5545, and 5546(a); and
(2) not later than 2 years and 4 years after submitting the
comprehensive strategy under paragraph (1), submit to the
appropriate congressional committees a report describing the
implementation of the strategy.
(b) Administrator of the United States Agency for International
Development.--The Administrator of the United States Agency for
International Development, in coordination with the heads of other
relevant Federal departments and agencies as described in sections
5544, 5546(b), and 5547, shall--
(1) not later than 180 days after the date of the enactment of
this Act, submit to appropriate congressional committees a
comprehensive strategy to address the requirements described in
sections 5544, 5546(b) and 5547; and
(2) not later than 2 years and 4 years after submitting the
comprehensive strategy under paragraph (1), submit to the
appropriate congressional committees a report describing the
implementation of the strategy.
(c) Submission.--The strategies and reports required under
subsections (a) and (b) may be submitted to the appropriate
congressional committees as joint strategies and reports.
(d) Appropriate Congressional Committees.--In this subtitle, the
term ``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs
and the Committee on Energy and Commerce of the House of
Representatives.
SEC. 5550. SUNSET.
This subtitle shall terminate on the date that is 5 years after the
date of the enactment of this Act.
Subtitle C--FENTANYL Results Act
SEC. 5551. SHORT TITLE.
This subtitle may be cited as the ``Fighting Emerging Narcotics
Through Additional Nations to Yield Lasting Results Act'' or the
``FENTANYL Results Act''.
SEC. 5552. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF STATE TO
COMBAT INTERNATIONAL TRAFFICKING IN COVERED SYNTHETIC DRUGS.
(a) In General.--The Secretary of State shall prioritize efforts of
the Department of State to combat international trafficking of covered
synthetic drugs by carrying out programs and activities to include the
following:
(1) Supporting increased data collection by the United States
and foreign countries through increased drug use surveys among
populations, increased use of wastewater testing where appropriate,
and multilateral sharing of that data.
(2) Engaging in increased consultation and partnership with
international drug agencies, including the European Monitoring
Centre for Drugs and Drug Addiction, regulatory agencies in foreign
countries, and the United Nations Office on Drugs and Crime.
(3) Carrying out programs to provide technical assistance and
equipment, as appropriate, to strengthen the capacity of foreign
law enforcement agencies with respect to covered synthetic drugs,
as required by section 5553.
(4) Carrying out exchange programs for governmental and
nongovernmental personnel in the United States and in foreign
countries to provide educational and professional development on
demand reduction matters relating to the illicit use of covered
synthetic drugs and other drugs, as required by section 5554.
(b) Report.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on the implementation
of this section.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, and the Committee on the Judiciary of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, and the Committee on the Judiciary of the House
of Representatives.
SEC. 5553. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE CAPACITY OF
FOREIGN LAW ENFORCEMENT AGENCIES WITH RESPECT TO COVERED SYNTHETIC
DRUGS.
(a) In General.--Notwithstanding section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of State shall
establish a program to provide assistance to strengthen the capacity of
law enforcement agencies of the countries described in subsection (c)
to help such agencies to identify, track, and improve their forensics
detection capabilities with respect to covered synthetic drugs.
(b) Priority.--The Secretary of State shall prioritize technical
assistance, and the provision of equipment, as appropriate, under
subsection (a) among those countries described in subsection (c) in
which such assistance and equipment would have the most impact in
reducing illicit use of covered synthetic drugs in the United States.
(c) Countries Described.--The foreign countries described in this
subsection are--
(1) countries that are producers of covered synthetic drugs;
(2) countries whose pharmaceutical and chemical industries are
known to be exploited for development or procurement of precursors
of covered synthetic drugs; or
(3) major drug-transit countries for covered synthetic drugs as
defined by the Secretary of State.
(d) Exception.--No assistance may be provided to the People's
Republic of China or to any of its law enforcement agencies pursuant to
the program authorized by this section.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State to carry out this section
$4,000,000 for each of fiscal years 2023 through 2027.
SEC. 5554. EXCHANGE PROGRAM ON DEMAND REDUCTION MATTERS RELATING TO
ILLICIT USE OF COVERED SYNTHETIC DRUGS.
(a) In General.--The Secretary of State shall establish or continue
and strengthen, as appropriate, an exchange program for governmental
and nongovernmental personnel in the United States and in foreign
countries to provide educational and professional development on demand
reduction matters relating to the illicit use of covered synthetic
drugs and other drugs.
(b) Program Requirements.--The program required by subsection (a)--
(1) shall be limited to individuals who have expertise and
experience in matters described in subsection (a);
(2) in the case of inbound exchanges, may be carried out as
part of exchange programs and international visitor programs
administered by the Bureau of Educational and Cultural Affairs of
the Department of State, including the International Visitor
Leadership Program, in coordination with the Bureau of
International Narcotics and Law Enforcement Affairs; and
(3) shall include outbound exchanges for governmental or
nongovernmental personnel in the United States.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State to carry out this section
$1,000,000 for each of fiscal years 2023 through 2027.
SEC. 5555. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL PROGRAM.
(a) International Narcotics Control Strategy Report.--Section
489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is
amended--
(1) by redesignating the second paragraph (10) as paragraph
(11); and
(2) by adding at the end the following:
``(12) Covered synthetic drugs and new psychoactive
substances.--
``(A) Covered synthetic drugs.--Information that contains
an assessment of the countries significantly involved in the
manufacture, production, transshipment, or trafficking of
covered synthetic drugs, to include the following:
``(i) The scale of legal domestic production and any
available information on the number of manufacturers and
producers of such drugs in such countries.
``(ii) Information on any law enforcement assessments
of the scale of illegal production of such drugs, including
a description of the capacity of illegal laboratories to
produce such drugs.
``(iii) The types of inputs used and a description of
the primary methods of synthesis employed by illegal
producers of such drugs.
``(iv) An assessment of the policies of such countries
to regulate licit manufacture and interdict illicit
manufacture, diversion, distribution, shipment, and
trafficking of such drugs and an assessment of the
effectiveness of the policies' implementation.
``(B) New psychoactive substances.--Information on, to the
extent practicable, any policies of responding to new
psychoactive substances, to include the following:
``(i) Which governments have articulated policies on
scheduling of such substances.
``(ii) Any data on impacts of such policies and other
responses to such substances.
``(iii) An assessment of any policies the United States
could adopt to improve its response to new psychoactive
substances.
``(C) Definitions.--In this paragraph, the terms `covered
synthetic drug' and `new psychoactive substance' have the
meaning given those terms in section 5558 of the FENTANYL
Results Act.''.
(b) Definition of Major Illicit Drug Producing Country.--Section
481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (C), by striking ``; or'' and inserting
a semicolon;
(B) in subparagraph (D), by striking the semicolon at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(E) that is a significant direct source of covered
synthetic drugs or psychotropic drugs or other controlled
substances, including precursor chemicals when those chemicals
are used in the production of such drugs and substances,
significantly affecting the United States;'';
(2) by amending paragraph (5) to read as follows:
``(5) the term `major drug-transit country' means a country
through which are transported covered synthetic drugs or
psychotropic drugs or other controlled substances significantly
affecting the United States;'';
(3) in paragraph (7), by striking ``; and'' and inserting a
semicolon;
(4) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(9) the term `covered synthetic drug' has the meaning given
that term in section 5558 of the FENTANYL Results Act.''.
SEC. 5556. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should direct the United States
Representative to the United Nations to use the voice, vote, and
influence of the United States at the United Nations to advocate
for more transparent assessments of countries by the International
Narcotics Control Board; and
(2) bilateral, plurilateral, and multilateral international
cooperation is essential to combating the trafficking of covered
synthetic drugs.
SEC. 5557. RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this subtitle
shall be construed to affect the prioritization of extradition
requests.
SEC. 5558. DEFINITIONS.
In this subtitle:
(1) Controlled substance; controlled substance analogue.--The
terms ``controlled substance'' and ``controlled substance
analogue'' have the meanings given those terms in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Covered synthetic drug.--The term ``covered synthetic
drug'' means--
(A) a synthetic controlled substance or synthetic
controlled substance analogue, including fentanyl or a fentanyl
analogue; or
(B) a new psychoactive substance.
(3) New psychoactive substance.--The term ``new psychoactive
substance'' means a substance of abuse, or any preparation thereof,
that--
(A) is not--
(i) included in any schedule as a controlled substance
under the Controlled Substances Act (21 U.S.C. 801 et
seq.); or
(ii) controlled by the Single Convention on Narcotic
Drugs, done at New York March 30, 1961, or the Convention
on Psychotropic Substances, done at Vienna February 21,
1971;
(B) is new or has reemerged on the illicit market; and
(C) poses a threat to the public health and safety.
Subtitle D--International Pandemic Preparedness
SEC. 5559. SHORT TITLE.
This subtitle may be cited as the ``Global Health Security and
International Pandemic Prevention, Preparedness and Response Act of
2022''.
SEC. 5560. DEFINITIONS.
In this subtitle:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) The terms ``Global Health Security Agenda'' and ``GHSA''
mean the multi-sectoral initiative launched in 2014, and renewed in
2018, that brings together countries, regions, international
organizations, nongovernmental organizations, and the private
sector--
(A) to elevate global health security as a national-level
priority;
(B) to share best practices; and
(C) to facilitate national capacity to comply with and
adhere to--
(i) the International Health Regulations (2005);
(ii) the international standards and guidelines
established by the World Organisation for Animal Health;
(iii) United Nations Security Council Resolution 1540
(2004);
(iv) the Convention on the Prohibition of the
Development, Production and Stockpiling of Bacteriological
and Toxin Weapons and on their Destruction, done at
Washington, London, and Moscow, April 10, 1972 (commonly
referred to as the ``Biological Weapons Convention'');
(v) the Global Health Security Agenda 2024 Framework;
and
(vi) other relevant frameworks that contribute to
global health security.
(3) The term ``Global Health Security Index'' means the
comprehensive assessment and benchmarking of health security and
related capabilities across the countries that make up the States
Parties to the International Health Regulations (2005).
(4) The term ``Global Health Security Initiative'' means the
informal network of countries and organizations that came together
in 2001, to undertake concerted global action to strengthen public
health preparedness and response to chemical, biological,
radiological, and nuclear threats, including pandemic influenza.
(5) The term ``IHR (2005) Monitoring and Evaluation Framework''
means the framework through which the World Health Organization and
the State Parties to the International Health Regulations, as
amended in 2005, review, measure, and assess core country public
health capacities and ensure mutual accountability for global
health security under the International Health Regulations (2005),
including through the Joint External Evaluations, simulation
exercises, and after-action reviews.
(6) The term ``Joint External Evaluation'' means the voluntary,
collaborative, multi-sectoral process facilitated by the World
Health Organization--
(A) to assess country capacity to prevent, detect, and
rapidly respond to public health risks occurring naturally or
due to deliberate or accidental events;
(B) to assess progress in achieving the targets under the
International Health Regulations (2005); and
(C) to recommend priority actions.
(7) The term ``key stakeholders'' means actors engaged in
efforts to advance global health security programs and objectives,
including--
(A) national and local governments in partner countries;
(B) other bilateral donors;
(C) international, regional, and local organizations,
including private, voluntary, nongovernmental, and civil
society organizations, including faith-based and indigenous
organizations;
(D) international, regional, and local financial
institutions;
(E) representatives of historically marginalized groups,
including women, youth, and indigenous peoples;
(F) the private sector, including medical device,
technology, pharmaceutical, manufacturing, logistics, and other
relevant companies; and
(G) public and private research and academic institutions.
(8) The term ``One Health approach'' means the collaborative,
multi-sectoral, and transdisciplinary approach toward achieving
optimal health outcomes in a manner that recognizes the
interconnection between people, animals, plants, and their shared
environment.
(9) The term ``pandemic preparedness'' refers to the actions
taken to establish and sustain the capacity and capabilities
necessary to rapidly identify, prevent, protect against, and
respond to the emergence, reemergence, and spread of pathogens of
pandemic potential.
(10) The term ``partner country'' means a foreign country in
which the relevant Federal departments and agencies are
implementing United States foreign assistance for global health
security and pandemic prevention, preparedness, and response under
this subtitle.
(11) The term ``relevant Federal departments and agencies''
means any Federal department or agency implementing United States
policies and programs relevant to the advancement of United States
global health security and diplomacy overseas, which may include--
(A) the Department of State;
(B) the United States Agency for International Development;
(C) the Department of Health and Human Services;
(D) the Department of Defense;
(E) the Defense Threat Reduction Agency;
(F) the Millennium Challenge Corporation;
(G) the Development Finance Corporation;
(H) the Peace Corps; and
(I) any other department or agency that the President
determines to be relevant for these purposes.
(12) The term ``resilience'' means the ability of people,
households, communities, systems, institutions, countries, and
regions to reduce, mitigate, withstand, adapt to, and quickly
recover from shocks and stresses in a manner that reduces chronic
vulnerability to the emergence, reemergence, and spread of
pathogens of pandemic potential and facilitates inclusive growth.
(13) The terms ``respond'' and ``response'' mean the actions
taken to counter an infectious disease.
(14) The term ``USAID'' means the United States Agency for
International Development.
SEC. 5561. ENHANCING THE UNITED STATES' INTERNATIONAL RESPONSE TO
PANDEMICS.
(a) Leveraging United States Bilateral Global Health Programs for
International Pandemic Response.--Subject to the notification
requirements under section 634A of the Foreign Assistance Act of 1961
(22 U.S.C. 2394-1), amounts authorized to be appropriated or otherwise
made available to carry out section 104 of the Foreign Assistance Act
(22 U.S.C. 2151b) may be used in countries receiving such United States
foreign assistance for the purpose of--
(1) strengthening vaccine readiness;
(2) reducing vaccine hesitancy;
(3) delivering and administering vaccines;
(4) strengthening health systems and global supply chains as
necessary for global health security and pandemic preparedness,
prevention, and response;
(5) supporting global health workforce planning, training, and
management for pandemic preparedness, prevention, and response;
(6) enhancing transparency, quality, and reliability of public
health data;
(7) increasing bidirectional testing, including screening for
symptomatic and asymptomatic cases; and
(8) building laboratory capacity.
(b) Roles of the Department of State, USAID, and the Department of
Health and Human Services in International Pandemic Response.--
(1) Finding.--Congress finds that different outbreaks of
infectious disease threats may require flexibility and changes to
the designated roles and responsibilities of relevant Federal
departments and agencies.
(2) Lead agencies for coordination of the united states'
international response to infectious disease outbreaks with severe
or pandemic potential.--The President shall identify the relevant
Federal departments and agencies, including the Department of
State, USAID, and the Department of Health and Human Services
(including the Centers for Disease Control and Prevention), leading
specific aspects of the United States international operational
response to outbreaks of emerging high-consequence infectious
disease threats in accordance with federal law.
(3) Notification.--Not later than 120 days after the date of
the enactment of this Act, and regularly thereafter as appropriate,
the President shall notify the appropriate congressional
committees, the Committee on Health, Education, Labor, and Pensions
of the Senate, and the Committee on Energy and Commerce of the
House of Representatives of the roles and responsibilities of each
relevant Federal department and agency with respect to the
international operational response to the outbreak of an emerging
high-consequence infectious disease threat.
(c) USAID Disaster Surge Capacity.--
(1) Disaster surge capacity.--The Administrator of the USAID is
authorized to expend funds made available to carry out part I and
chapter 4 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 and 2346), including funds made available for
``Assistance for Europe, Eurasia and Central Asia'', in addition to
amounts otherwise made available for such purposes, for the cost
(including support costs) of individuals detailed to or employed by
USAID whose primary responsibility is to carry out programs to
address global health emergencies and natural or manmade disasters.
(2) Notification.--Not later than 15 days before making funds
available to address manmade disasters pursuant to paragraph (1),
the Secretary of State or the Administrator of the USAID shall
notify the appropriate congressional committees of such intended
action.
SEC. 5562. INTERNATIONAL PANDEMIC PREVENTION AND PREPAREDNESS.
(a) United States International Activities To Advance Global Health
Security and Diplomacy Strategy and Report.--
(1) In general.--The President shall develop, update, maintain,
and advance a comprehensive strategy for improving United States
global health security and diplomacy for pandemic prevention,
preparedness, and response which, consistent with the purposes of
this subtitle, shall--
(A) clearly articulate United States policy goals related
to pandemic prevention, preparedness, and response, including
through actions to strengthen diplomatic leadership and the
effectiveness of United States foreign policy and international
preparedness assistance for global health security through
advancement of a One Health approach, the Global Health
Security Agenda, the International Health Regulations (2005),
and other relevant frameworks that contribute to pandemic
prevention and preparedness;
(B) establish specific and measurable goals, benchmarks,
timetables, performance metrics, and monitoring and evaluation
plans for United States foreign policy and assistance for
global health security that promote learning and adaptation and
reflect international best practices relating to global health
security, transparency, and accountability;
(C) establish transparent mechanisms to improve
coordination and avoid duplication of effort between and among
the relevant Federal departments and agencies, partner
countries, donor countries, the private sector, multilateral
organizations, and other key stakeholders;
(D) prioritize working with partner countries with--
(i) demonstrated need, as identified through the Joint
External Evaluation process, the Global Health Security
Index classification of health systems, national action
plans for health security, Global Health Security Agenda,
other risk-based assessments, and complementary or
successor indicators of global health security and pandemic
preparedness; and
(ii) demonstrated commitment to transparency, including
budget and global health data transparency, complying with
the International Health Regulations (2005), investing in
domestic health systems, and achieving measurable results;
(E) reduce long-term reliance upon United States foreign
assistance for global health security by--
(i) ensuring that United States global health
assistance authorized under this subtitle is strategically
planned and coordinated in a manner that delivers immediate
impact and contributes to enduring results, including
through efforts to enhance community capacity and
resilience to infectious disease threats and emergencies;
and
(ii) ensuring partner country ownership of global
health security strategies, data, programs, and outcomes
and improved domestic resource mobilization, co-financing,
and appropriate national budget allocations for global
health security and pandemic prevention, preparedness, and
response;
(F) assist partner countries in building the technical
capacity of relevant ministries, systems, and networks to
prepare, execute, monitor, and evaluate national action plans
for global health security and pandemic prevention,
preparedness, and response that are developed with input from
key stakeholders, including mechanism to enhance budget and
global health data transparency, as necessary and appropriate;
(G) support and align United States foreign assistance
authorized under this subtitle with such national action plans
for health security and pandemic prevention, preparedness, and
response, as appropriate;
(H) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of country-led
strategies and initiatives to better identify and prevent
health impacts related to the emergence, reemergence, and
spread of zoonoses;
(I) support the long-term success of programs by building
the pandemic preparedness capacity of local organizations and
institutions in target countries and communities;
(J) develop community resilience to infectious disease
threats and emergencies;
(K) support global health budget and workforce planning in
partner countries, consistent with the purposes of this
subtitle, including training in financial management and budget
and global health data transparency;
(L) strengthen linkages between complementary bilateral and
multilateral foreign assistance programs, including efforts of
the World Bank, the World Health Organization, the Global Fund
to Fight AIDS, Tuberculosis, and Malaria, and Gavi, the Vaccine
Alliance, that contribute to the development of more resilient
health systems and global supply chains for global health
security and pandemic prevention, preparedness, and response in
partner countries with the capacity, resources, and personnel
required to prevent, detect, and respond to infectious disease
threats; and
(M) support innovation and partnerships with the private
sector, health organizations, civil society, nongovernmental,
faith-based and indigenous organizations, and health research
and academic institutions to improve pandemic prevention,
preparedness, and response, including for the development and
deployment of effective and accessible infectious disease
tracking tools, diagnostics, therapeutics, and vaccines.
(2) Submission of strategy.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, in consultation with
the heads of the relevant Federal departments and agencies,
shall submit the strategy required under paragraph (1) to--
(i) the appropriate congressional committees;
(ii) the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(iii) the Committee on Energy and Commerce of the House
of Representatives.
(B) Agency-specific plans.--The strategy required under
paragraph (1) shall include specific implementation plans from
each relevant Federal department and agency that describe--
(i) the anticipated contributions of the Federal
department or agency, including technical, financial, and
in-kind contributions, to implement the strategy; and
(ii) the efforts of the Federal department or agency to
ensure that the activities and programs carried out
pursuant to the strategy are designed to achieve maximum
impact and long-term sustainability.
(3) Annual report.--
(A) In general.--Not later than 1 year after the submission
of the strategy pursuant to paragraph (2)(A), and not later
than October 1 of each year thereafter, the President shall
submit to the committees listed in such paragraph a report that
describes the status of the implementation of such strategy.
(B) Contents.--Each report submitted pursuant to
subparagraph (A) shall--
(i) identify any substantial changes made to the
strategy during the preceding calendar year;
(ii) describe the progress made in implementing the
strategy, including specific information related to the
progress toward improving countries' ability to detect,
prevent, and respond to infectious disease threats;
(iii) identify--
(I) the indicators used to establish benchmarks and
measure results over time; and
(II) the mechanisms for reporting such results in
an open and transparent manner;
(iv) contain a transparent, open, and detailed
accounting of obligations by relevant Federal departments
and agencies to implement the strategy, including, to the
extent practicable, for each such Federal department and
agency, the statutory source of obligated funds, the
amounts obligated, implementing partners and sub-partners,
targeted beneficiaries, and activities supported;
(v) the efforts of the relevant Federal department or
agency to ensure that the activities and programs carried
out pursuant to the strategy are designed to achieve
maximum impact and enduring results, including through
specific activities to strengthen health systems for global
health security and pandemic prevention, preparedness, and
response, as appropriate;
(vi) assess efforts to coordinate United States global
health security programs, activities, and initiatives with
key stakeholders;
(vii) incorporate a plan for regularly reviewing and
updating strategies, partnerships, and programs and sharing
lessons learned with a wide range of stakeholders in an
open, transparent manner; and
(viii) describe the progress achieved and challenges
concerning the United States Government's ability to
advance the Global Health Security Agenda and pandemic
preparedness, including data disaggregated by priority
country using indicators that are consistent on a year-to-
year basis and recommendations to resolve, mitigate, or
otherwise address the challenges identified through such
indicators.
(C) Form.--The strategy and reports required under this
subsection shall be submitted in unclassified form, but may
contain a classified annex.
(b) United States Coordinator for Global Health Security.--The
President shall designate an appropriate senior official to be the
United States Coordinator for Global Health Security, who shall be
responsible for the coordination of the Global Health Security Agenda
Interagency Review Council and who should--
(1) have significant background and expertise in public health,
health security, and emergency response management;
(2) coordinate, through a whole-of-government approach, the
efforts of relevant Federal departments and agencies to implement
the strategy under subsection (a); and
(3) seek to fully use the unique capabilities of each relevant
Federal department and agency and ensure effective and appropriate
United States representation at relevant international forums,
while collaborating with and leveraging the contributions of other
key stakeholders.
(c) Ambassador-At-Large for Global Health Security and Diplomacy.--
(1) Establishment.--There is established, within the Department
of State, the position of Ambassador-At-Large for Global Health
Security and Diplomacy (referred to in this section as the
``Ambassador-At-Large'').
(2) Appointment; qualifications.--The Ambassador-At-Large--
(A) shall be appointed by the President, by and with the
advice and consent of the Senate;
(B) shall report to the Secretary of State; and
(C) shall have--
(i) demonstrated knowledge and experience in the field
of health security, development, public health,
epidemiology, or medicine; and
(ii) relevant diplomatic, policy, and political
expertise.
(3) Authorities.--The Ambassador-At-Large may--
(A) operate internationally to carry out the purposes of
this section;
(B) ensure effective coordination, management, and
oversight of United States foreign policy, diplomatic efforts,
and foreign assistance funded with amounts authorized to be
appropriated pursuant to section 5564(a) that are used by the
Department of State to advance the relevant elements of the
United States global health security and diplomacy strategy
developed pursuant to subsection (a) by--
(i) developing and updating, as appropriate, in
collaboration with the Administrator of the USAID and the
Secretary of Health and Human Services, related policy
guidance and unified auditing, monitoring, and evaluation
plans;
(ii) avoiding duplication of effort and collaborating
with other relevant Federal departments and agencies;
(iii) leading, in collaboration with the Secretary of
Health and Human Services, the Administrator of the USAID,
and other relevant Federal departments and agencies,
diplomatic efforts to identify and address current and
emerging threats to global health security;
(iv) working to enhance coordination with, and
transparency among, the governments of partner countries
and key stakeholders, including the private sector;
(v) promoting greater donor and national investment in
partner countries to build health systems and supply chains
for global health security and pandemic prevention and
preparedness;
(vi) securing bilateral and multilateral financing
commitments to advance the Global Health Security Agenda,
in coordination with relevant Federal departments and
agencies, including through funding for the Financial
Intermediary Fund for Pandemic Prevention, Preparedness,
and Response; and
(vii) providing regular updates to the appropriate
congressional committees, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives regarding the fulfillment of the activities
described in this paragraph;
(C) ensure, in collaboration with the Secretary of the
Treasury, the Secretary of Health and Human Services, and the
Administrator of the USAID, effective representation of the
United States in the Financial Intermediary Fund for Pandemic
Prevention, Preparedness, and Response;
(D) use detailees, on a reimbursable or nonreimbursable
basis, from relevant Federal departments and agencies and hire
personal service contractors, who may operate domestically and
internationally, to ensure that the Ambassador-At-Large has
access to the highest quality experts available to the United
States Government to carry out the functions under this
subtitle; and
(E) perform such other functions as the Secretary of State
may assign.
(d) Strengthening Health Systems for Global Health Security and
Pandemic Prevention and Preparedness.--
(1) Statement of policy.--It is the policy of the United States
to ensure that bilateral global health assistance programs are
effectively managed and coordinated, as necessary and appropriate
to achieve the purposes of this subtitle, to contribute to the
strengthening of health systems for global health security and
pandemic prevention, preparedness, and response in each country in
which such programs are carried out.
(2) Coordination.--The Administrator of the USAID shall work
with the Global Malaria Coordinator, the Coordinator of United
States Government Activities to Combat HIV/AIDS Globally, the
Ambassador-at-Large for Global Health Security and Diplomacy at the
Department of State, and the Secretary of Health and Human
Services, to identify areas of collaboration and coordination in
countries with global health programs and activities undertaken by
the USAID pursuant to the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25) and
other relevant provisions of law, to ensure that such activities
contribute to the strengthening of health systems for global health
security and pandemic prevention and preparedness.
(e) Coordination for International Pandemic Early Warning
Network.--
(1) Sense of congress.--It is the sense of Congress that the
Secretary of Health and Human Services, in coordination with the
Secretary of State, the USAID Administrator, the Director of the
Centers for Disease Control and Prevention, and the heads of the
other relevant Federal departments and agencies, should work with
the World Health Organization and other key stakeholders to
establish or strengthen effective early warning systems, at the
partner country, regional, and international levels, that utilize
innovative information and analytical tools and robust review
processes to track, document, analyze, and forecast infectious
disease threats with epidemic and pandemic potential.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the following 4
years, the Secretary of Health and Human Services, in coordination
with the Secretary of State and the heads of the other relevant
Federal departments and agencies, shall submit a report to the
appropriate congressional committees, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee on
Energy and Commerce of the House of Representatives that describes
United States Government efforts and opportunities to establish or
strengthen effective early warning systems to detect infectious
disease threats internationally.
(f) International Emergency Operations.--
(1) Sense of congress.--It is the sense of Congress that it is
essential to enhance the capacity of key stakeholders to
effectively operationalize early warning and execute multi-sectoral
emergency operations during an infectious disease outbreak,
particularly in countries and areas that deliberately withhold
critical global health data and delay access during an infectious
disease outbreak, in advance of the next infectious disease
outbreak with pandemic potential.
(2) Public health emergencies of international concern.--The
Secretary of Health and Human Services, in coordination with the
Secretary of State, should work with the World Health Organization
and like-minded member states to adopt an approach toward assessing
infectious disease threats under the International Health
Regulations (2005) for the World Health Organization to identify
and transparently communicate, on an ongoing basis, varying levels
of risk leading up to a declaration by the Director General of the
World Health Organization of a Public Health Emergency of
International Concern for the duration and in the aftermath of such
declaration.
(3) Emergency operations.--The Secretary of Health and Human
Services, in coordination with the Secretary of State, the
Administrator of the USAID, the Director of the Centers for Disease
Control and Prevention, and the heads of other relevant Federal
departments and agencies and consistent with the requirements under
the International Health Regulations (2005) and the objectives of
the World Health Organization's Health Emergencies Programme, the
Global Health Security Agenda, and national actions plans for
health security, should work, in cooperation with the World Health
Organization, with partner countries, and other key stakeholders,
to support the establishment, strengthening, and rapid response
capacity of global health emergency operations centers, at the
partner country and international levels, including efforts--
(A) to collect and share de-identified public health data,
assess risk, and operationalize early warning;
(B) to secure, including through utilization of stand-by
arrangements and emergency funding mechanisms, the staff,
systems, and resources necessary to execute cross-sectoral
emergency operations during the 48-hour period immediately
following an infectious disease outbreak with pandemic
potential; and
(C) to organize and conduct emergency simulations.
SEC. 5563. FINANCIAL INTERMEDIARY FUND FOR PANDEMIC PREVENTION,
PREPAREDNESS, AND RESPONSE.
(a) In General.--
(1) Finding.--Congress finds that the Financial Intermediary
Fund for Pandemic Prevention, Preparedness, and Response (referred
to in this section as the ``Fund'') was established in September
2022 by donor countries, relevant United Nations agencies,
including the World Health Organization, and other key multilateral
stakeholders as a multilateral, catalytic financing mechanism for
pandemic prevention and preparedness.
(2) Objectives.--The objectives of the Fund are--
(A) closing critical gaps in pandemic prevention and
preparedness; and
(B) working with, and building the capacity of, eligible
partner countries in the areas of global health security,
infectious disease control, and pandemic prevention and
preparedness in order to--
(i) prioritize capacity building and financing
availability in eligible partner countries;
(ii) incentivize countries to prioritize the use of
domestic resources for global health security and pandemic
prevention and preparedness;
(iii) leverage governmental, nongovernmental, and
private sector investments;
(iv) regularly respond to and evaluate progress based
on clear metrics and benchmarks, such as those developed
through the IHR (2005) Monitoring and Evaluation Framework
and the Global Health Security Index;
(v) align with and complement ongoing bilateral and
multilateral efforts and financing, including through the
World Bank, the World Health Organization, the Global Fund
to Fight AIDS, Tuberculosis, and Malaria, the Coalition for
Epidemic Preparedness and Innovation, and Gavi, the Vaccine
Alliance; and
(vi) help countries accelerate and achieve compliance
with the International Health Regulations (2005) and
fulfill the Global Health Security Agenda 2024 Framework
not later than 8 years after the date on which the Fund is
established, in coordination with the ongoing Joint
External Evaluation national action planning process.
(3) Governing board.--
(A) In general.--The Fund should be governed by a
transparent, representative, and accountable body (referred to
in this section as the ``Governing Board''), which should--
(i) function as a partnership with, and through full
engagement by, donor governments, eligible partner
countries, and independent civil society; and
(ii) be composed of not more than 25 representatives of
governments, foundations, academic institutions,
independent civil society, indigenous people, vulnerable
communities, frontline health workers, and the private
sector with demonstrated commitment to carrying out the
purposes of the Fund and upholding transparency and
accountability requirements.
(B) Duties.--The Governing Board should--
(i) be charged with approving strategies, operations,
and grant making authorities such that it is able to
conduct effective fiduciary, monitoring, and evaluation
efforts, and other oversight functions;
(ii) determine operational procedures to enable the
Fund to effectively fulfill its mission;
(iii) provide oversight and accountability for the Fund
in collaboration with a qualified and independent Inspector
General;
(iv) develop and utilize a mechanism to obtain formal
input from eligible partner countries, independent civil
society, and implementing entities relative to program
design, review, and implementation and associated lessons
learned; and
(v) coordinate and align with other multilateral
financing and technical assistance activities, and with the
activities of the United States and other nations leading
pandemic prevention, preparedness, and response activities
in partner countries, as appropriate.
(C) Composition.--The Governing Board should include--
(i) representatives of the governments of founding
member countries who, in addition to meeting the
requirements under subparagraph (A), qualify based upon--
(I) meeting an established initial contribution
threshold, which should be not less than 10 percent of
the country's total initial contributions; and
(II) demonstrating a commitment to supporting the
International Health Regulations (2005);
(ii) a geographically diverse group of members from
donor countries, academic institutions, independent civil
society, including faith-based and indigenous
organizations, and the private sector who are selected on
the basis of their experience and commitment to innovation,
best practices, and the advancement of global health
security objectives; and
(iii) representatives of the World Health Organization,
to serve in an observer status.
(D) Contributions.--Each government or private sector
foundation or for-profit entity represented on the Governing
Board should agree to make annual contributions to the Fund in
an amount that is not less than the minimum amount determined
by the Governing Board.
(E) Qualifications.--Individuals appointed to the Governing
Board should have demonstrated knowledge and experience across
a variety of sectors, including human and animal health,
agriculture, development, defense, finance, research, and
academia.
(F) Conflicts of interest.--All Governing Board members
should be required to recuse themselves from matters presenting
conflicts of interest, including financing decisions relating
to such countries, bodies, and institutions.
(G) Removal procedures.--The Fund should establish
procedures for the removal of members of the Governing Board
who--
(i) engage in a consistent pattern of human rights
abuses;
(ii) fail to uphold global health data transparency
requirements; or
(iii) otherwise violate the established standards of
the Fund, including in relation to corruption.
(b) Authority for United States Participation.--
(1) Founding member.--The United States is authorized to
participate in the Fund and shall be represented on the Governing
Board by an officer or employee of the United States Government who
has been appointed by the President (referred in this section as
the ``FIF Representative'').
(2) Effective date; termination date.--
(A) Effective date.--This subsection shall take effect on
the date on which the Secretary of State submits to Congress a
certified copy of the agreement establishing the Fund.
(B) Termination date.--The membership authorized under
paragraph (1) shall terminate on the date on which the Fund is
terminated.
(3) Enforceability.--Any agreement concluded under the
authorities provided under this subsection shall be legally
effective and binding upon the United States, in accordance with
the terms of the agreement--
(A) upon the enactment of appropriate implementing
legislation that provides for the approval of the specific
agreement or agreements, including attachments, annexes, and
supporting documentation, as appropriate; or
(B) if concluded and submitted as a treaty, upon the
approval by the Senate of the resolution of ratification of
such treaty.
(c) Implementation of Program Objectives.--In carrying out the
objectives described in subsection (a)(2), the Fund should work to
eliminate duplication and waste by upholding strict transparency and
accountability standards and coordinating its programs and activities
with key partners working to advance pandemic prevention and
preparedness.
(d) Priority Countries.--In providing assistance under this
section, the Fund should give priority to low- and lower middle-income
countries with--
(1) low scores on the Global Health Security Index
classification of health systems;
(2) measurable gaps in global health security and pandemic
prevention and preparedness identified under the IHR (2005)
Monitoring and Evaluation Framework and national action plans for
health security;
(3) demonstrated political and financial commitment to pandemic
prevention and preparedness; and
(4) demonstrated commitment to--
(A) upholding global health budget and data transparency
and accountability standards;
(B) complying with the International Health Regulations
(2005);
(C) investing in domestic health systems; and
(D) achieving measurable results.
(e) Accountability; Conflicts of Interest; Criteria for Programs.--
The FIF Representative shall--
(1) take such actions as may be necessary to ensure that the
Fund will have in effect adequate procedures and standards to
account for and monitor the use of funds contributed to the Fund,
including the cost of administering the Fund, by--
(A) engaging Fund stakeholders; and
(B) actively promoting transparency and accountability of
Fund governance and operations;
(2) seek to ensure there is agreement to put in place a
conflict of interest policy to ensure fairness and a high standard
of ethical conduct in the Fund's decision-making processes,
including proactive procedures to screen staff for conflicts of
interest and measures to address any conflicts, such as--
(A) potential divestments of interests;
(B) prohibition from engaging in certain activities;
(C) recusal from certain decision-making and administrative
processes; and
(D) representation by an alternate board member; and
(3) seek agreement on the criteria that should be used to
determine the programs and activities that should be assisted by
the Fund.
(f) Selection of Partner Countries, Projects, and Recipients.--The
Governing Board should establish--
(1) eligible partner country selection criteria, including
transparent metrics to measure and assess global health security
and pandemic prevention and preparedness strengths and
vulnerabilities in countries seeking assistance;
(2) minimum standards for ensuring eligible partner country
ownership and commitment to long-term results, including
requirements for domestic budgeting, resource mobilization, and co-
investment;
(3) criteria for the selection of projects to receive support
from the Fund;
(4) standards and criteria regarding qualifications of
recipients of such support; and
(5) such rules and procedures as may be necessary--
(A) for cost-effective management of the Fund; and
(B) to ensure transparency and accountability in the grant-
making process.
(g) Additional Transparency and Accountability Requirements.--
(1) Inspector general.--The FIF Representative shall seek to
ensure that the Fund maintains an independent Office of the
Inspector General that--
(A) is fully enabled to operate independently and
transparently;
(B) is supported by and with the requisite resources and
capacity to regularly conduct and publish, on a publicly
accessible website, rigorous financial, programmatic, and
reporting audits and investigations of the Fund and its
grantees, including subgrantees; and
(C) establishes an investigative unit that--
(i) develops an oversight mechanism to ensure that
grant funds are not diverted to illicit or corrupt purposes
or activities; and
(ii) submits an annual report to the Governing Board
describing its activities, investigations, and results.
(2) Sense of congress on corruption.--It is the sense of
Congress that--
(A) corruption within global health programs contribute
directly to the loss of human life and cannot be tolerated; and
(B) in making financial recoveries relating to a corrupt
act or criminal conduct committed by a grant recipient, as
determined by the Inspector General described in paragraph (1),
the responsible grant recipient should be assessed at a
recovery rate of up to 150 percent of such loss.
(3) Administrative expenses; financial tracking systems.--The
FIF Representative shall seek to ensure that the Fund establishes,
maintains, and makes publicly available a system to track--
(A) the administrative and management costs of the Fund on
a quarterly basis; and
(B) the amount of funds disbursed to each grant recipient
and subrecipient during each grant's fiscal cycle.
(4) Exemption from duties and taxes.--The FIF Representative
should seek to ensure that the Fund adopts rules that condition
grants upon agreement by the relevant national authorities in an
eligible partner country to exempt from duties and taxes all
products financed by such grants, including procurements by any
principal or subrecipient for the purpose of carrying out such
grants.
(h) Reports to Congress.--
(1) Annual report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
duration of the Fund, the Secretary of State, in collaboration
with the Administrator of the USAID and the heads of other
relevant Federal departments and agencies, shall submit a
report on the activities of the Fund to the appropriate
congressional committees.
(B) Report elements.--Each report required under
subparagraph (A) shall describe--
(i) the goals of the Fund;
(ii) the programs, projects, and activities supported
by the Fund;
(iii) private and governmental contributions to the
Fund; and
(iv) the criteria utilized to determine the programs
and activities that should be assisted by the Fund,
including baselines, targets, desired outcomes, measurable
goals, and extent to which those goals are being achieved.
(2) GAO report on effectiveness.--Not later than 2 years after
the date on which the Fund is established, the Comptroller General
of the United States shall submit a report to the appropriate
congressional committees that evaluates the effectiveness of the
Fund, including--
(A) the effectiveness of the programs, projects, and
activities supported by the Fund; and
(B) an assessment of the merits of continued United States
participation in the Fund.
(i) United States Contributions.--
(1) In general.--Subject to paragraph (4)(C), the President may
provide contributions to the Fund.
(2) Notification.--The Secretary of State, the Administrator of
the USAID, or the head of any other relevant Federal department or
agency shall submit a notification to the appropriate congressional
committees not later than 15 days before making a contribution to
the Fund that identifies--
(A) the amount of the proposed contribution;
(B) the total of funds contributed by other donors; and
(C) the national interests served by United States
participation in the Fund.
(3) Limitation.--During the 5-year period beginning on the date
of the enactment of this Act, the cumulative total of United States
contributions to the Fund may not exceed 33 percent of the total
contributions to the Fund from all sources.
(4) Withholdings.--
(A) Support for acts of international terrorism.--If the
Secretary of State determines that the Fund has provided
assistance to a country, the government of which the Secretary
of State has determined, for purposes of section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371) has repeatedly
provided support for acts of international terrorism, the
United States shall withhold from its contribution to the Fund
for the next fiscal year an amount equal to the amount expended
by the Fund to the government of such country.
(B) Excessive salaries.--If the Secretary of State
determines that the salary during any of the first 5 fiscal
years beginning after the date of the enactment of this Act of
any individual employed by the Fund exceeds the salary of the
Vice President of the United States for such fiscal year, the
United States should withhold from its contribution for the
following fiscal year an amount equal to the aggregate
difference between the 2 salaries.
(C) Accountability certification requirement.--The
Secretary of State may withhold not more than 20 percent of
planned United States contributions to the Fund until the
Secretary certifies to the appropriate congressional committees
that the Fund has established procedures to provide access by
the Office of Inspector General of the Department of State, as
cognizant Inspector General, the Inspector General of the
Department of Health and Human Services, the USAID Inspector
General, and the Comptroller General of the United States to
the Fund's financial data and other information relevant to
United States contributions to the Fund (as determined by the
Inspector General of the Department of State, in consultation
with the Secretary of State).
SEC. 5564. GENERAL PROVISIONS.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$5,000,000,000 for the 5-year period beginning on October 1, 2022
to carry out the purposes of sections 5562 and 5563, which may be
in addition to amounts otherwise made available for such purposes,
in consultation with the appropriate congressional committees and
subject to the requirements under chapters 1 and 10 of part I and
section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.).
(2) Exception.--Section 110 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107) shall not apply with
respect to assistance made available under this subtitle.
(b) Compliance With the Foreign Aid Transparency and Accountability
Act of 2016.--Section 2(3) of the Foreign Aid Transparency and
Accountability Act of 2016 (Public Law 114-191; 22 U.S.C. 2394c note)
is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) the Global Health Security and International Pandemic
Prevention, Preparedness and Response Act of 2022.''.
SEC. 5565. SUNSET.
This subtitle shall cease to be effective on September 30, 2027.
SEC. 5566. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to impair or otherwise
affect the authorities granted to the Administrator of the USAID, the
Secretary of Health and Human Services, or the head of any other
Federal department or agency under any applicable law.
Subtitle E--Burma Act of 2022
SEC. 5567. SHORT TITLE.
This subtitle may be cited as the ``Burma Unified through Rigorous
Military Accountability Act of 2022'' or the ``BURMA Act of 2022''.
SEC. 5568. DEFINITIONS.
In this subtitle:
(1) Burmese military.--The term ``Burmese military''--
(A) means the Armed Forces of Burma, including the army,
navy, and air force; and
(B) includes security services under the control of the
Armed Forces of Burma, such as the police and border guards.
(2) Executive order 14014.--The term ``Executive Order 14014''
means Executive Order 14014 (86 Fed. Reg. 9429; relating to
blocking property with respect to the situation in Burma).
(3) Genocide.--The term ``genocide'' means any offense
described in section 1091(a) of title 18, United States Code.
(4) War crime.--The term ``war crime'' has the meaning given
the term in section 2441(c) of title 18, United States Code.
PART 1--MATTERS RELATING TO THE CONFLICT IN BURMA
SEC. 5569. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) continue to support the people of Burma in their struggle
for democracy, human rights, and justice;
(2) support the efforts of the National Unity Government (NUG),
the National Unity Consultative Council (NUCC), the Committee
Representing Pyidaungsu Hluttaw (CRPH), the Burmese Civil
Disobedience Movement, and other entities in Burma and in other
countries to oppose the Burmese military and bring about an end to
the military junta's rule;
(3) support a credible process for the restoration of civilian
government in Burma, with a reformed Burmese military under
civilian control and the enactment of constitutional, political,
and economic reform that protects the rights of minority groups and
furthers a federalist form of government;
(4) hold accountable perpetrators of human rights violations
committed against ethnic groups in Burma and the people of Burma,
including through the February 2022 coup d'etat;
(5) hold accountable the Russian Federation and the People's
Republic of China for their support of the Burmese military;
(6) continue to provide humanitarian assistance to populations
impacted by violence perpetrated by the Burmese military wherever
they may reside, and coordinate efforts among like-minded
governments and other international donors to maximize the
effectiveness of assistance and support for the people of Burma;
(7) secure the unconditional release of all unlawfully detained
individuals in Burma, including those detained for the exercise of
their fundamental freedoms; and
(8) provide humanitarian assistance to the people of Burma in
Burma, Bangladesh, Thailand, and the surrounding region without
going through the Burmese military.
PART 2--SANCTIONS AND POLICY COORDINATION WITH RESPECT TO BURMA
SEC. 5570. DEFINITIONS.
In this part:
(1) Admitted; alien.--The terms ``admitted'' and ``alien'' have
the meanings given those terms in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(3) Correspondent account; payable-through account.--The terms
``correspondent account'' and ``payable-through account'' have the
meanings given those terms in section 5318A of title 31, United
States Code.
(4) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as determined
by the Secretary of the Treasury by regulation.
(5) Foreign person.--The term ``foreign person'' means a person
that is not a United States person.
(6) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(7) Person.--The term ``person'' means an individual or entity.
(8) Support.--The term ``support'', with respect to the Burmese
military, means to knowingly have materially assisted, sponsored,
or provided financial, material, or technological support for, or
goods or services to or in support of the Burmese military.
(9) United states person.--The term ``United States person''
means--
(A) a United States citizen or an alien lawfully admitted
to the United States for permanent residence;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 5571. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES
AND PERPETRATION OF A COUP IN BURMA.
(a) Mandatory Sanctions.--Not later than 180 days after the date of
the enactment of this Act, the President shall impose the sanctions
described in subsection (d) with respect to any foreign person that the
President determines--
(1) is a senior official of--
(A) the Burmese military or security forces of Burma;
(B) the State Administration Council, the military-
appointed cabinet at the level of Deputy Minister or higher, or
a military-appointed minister of a Burmese state or region; or
(C) an entity that primarily operates in the defense sector
of the Burmese economy; or
(2) is a Burmese state-owned commercial enterprise (other than
an entity described in subsections (c)(1) and (c)(2)) that--
(A) is operating in the industrial or extractive sectors;
and
(B) significantly financially benefits the Burmese
military.
(b) Additional Measure Relating to Facilitation of Transactions.--
The Secretary of the Treasury may, in consultation with the Secretary
of State, prohibit or impose strict conditions on the opening or
maintaining in the United States of a correspondent account or payable-
through account by a foreign financial institution that the President
determines has, on or after the date of the enactment of this Act,
knowingly conducted or facilitated a significant transaction or
transactions on behalf of a foreign person subject to sanctions under
this section imposed pursuant to subsection (a).
(c) Additional Sanctions.--The President may impose the sanctions
described in subsection (d) with respect to--
(1) the Myanma Oil and Gas Enterprise;
(2) any Burmese state-owned enterprise that--
(A) is not operating in the industrial or extractive
sectors; and
(B) significantly financially benefits the Burmese
military;
(3) a spouse or adult child of any person described in
subsection (a)(1);
(4) any foreign person that, leading up to, during, and since
the February 1, 2021, coup d'etat in Burma, is responsible for or
has directly and knowingly engaged in--
(A) actions or policies that significantly undermine
democratic processes or institutions in Burma;
(B) actions or policies that significantly threaten the
peace, security, or stability of Burma;
(C) actions or policies by a Burmese person that--
(i) significantly prohibit, limit, or penalize the
exercise of freedom of expression or assembly by people in
Burma; or
(ii) limit access to print, online, or broadcast media
in Burma; or
(D) the orchestration of arbitrary detention or torture in
Burma or other serious human rights abuses in Burma; or
(5) any Burmese entity that provides materiel to the Burmese
military.
(d) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Property blocking.--The President may exercise all powers
granted to the President by the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to
block and prohibit all transactions in all property and interests
in property of the foreign person if such property and interests in
property are in the United States, come within the United States,
or are or come within the possession or control of a United States
person.
(2) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign person
has any interest.
(3) Visas, admission, or parole.--
(A) In general.--An alien who is described in subsection
(a) or (c) is--
(i) inadmissible to the United States;
(ii) ineligible for a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular officer, the
Secretary of State, or the Secretary of Homeland Security
(or a designee of one of such Secretaries) shall, in
accordance with section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)), revoke any visa or
other entry documentation issued to an alien described in
subparagraph (A) regardless of when the visa or other entry
documentation is issued.
(ii) Effect of revocation.--A revocation under clause
(i)--
(I) shall take effect immediately; and
(II) shall automatically cancel any other valid
visa or entry documentation that is in the alien's
possession.
(e) Assessment and Report on Sanctions With Respect to Burmese
State-owned Enterprise Operating in the Energy Sector.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the President shall conduct an assessment
with respect to the Burmese state-owned enterprise described in
subsection (c)(1), including relevant factors pertaining to the
possible application of sanctions on such enterprise.
(2) Report required.--Upon making the determination required by
paragraph (1), the President shall submit to the appropriate
congressional committees a report on the assessment.
(3) Form of report.--The report required by paragraph (2) shall
be submitted in unclassified form but may include a classified
annex.
(f) Exceptions.--
(1) Exception for intelligence, law enforcement, and national
security activities.--Sanctions under this section shall not apply
to any authorized intelligence, law enforcement, or national
security activities of the United States.
(2) Exception to comply with international obligations.--
Sanctions under subsection (d)(3) shall not apply with respect to
the admission of an alien if admitting or paroling the alien into
the United States is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered into
force November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(3) Exception relating to the provision of humanitarian
assistance.--Sanctions under this section may not be imposed with
respect to transactions or the facilitation of transactions for--
(A) the sale of agricultural commodities, food, medicine,
or medical devices to Burma;
(B) the provision of humanitarian assistance to the people
of Burma;
(C) financial transactions relating to humanitarian
assistance or for humanitarian purposes in Burma; or
(D) transporting goods or services that are necessary to
carry out operations relating to humanitarian assistance or
humanitarian purposes in Burma.
(4) Exception relating to wind-down of projects.--Sanctions
under this section shall not be imposed with respect to
transactions or the facilitation of transactions related to the
disposition of investments pursuant to--
(A) agreements entered into between United States persons
and the Government of Burma prior to May 21, 1997;
(B) the exercise of rights pursuant to such agreements; or
(C) transactions related to the subsequent operation of the
assets encompassed by such disposed investments.
(g) Waiver.--The President may, on a case-by-case basis waive the
application of sanctions or restrictions imposed with respect to a
foreign person under this section if the President certifies to the
appropriate congressional committees at the time such waiver is to take
effect that the waiver is in the national interest of the United
States.
(h) Implementation; Penalties.--
(1) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--The penalties provided for in subsections (b)
and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) shall apply to a person that violates,
attempts to violate, conspires to violate, or causes a violation of
this section or any regulations promulgated under this section to
the same extent that such penalties apply to a person that commits
an unlawful act described in section 206(a) of that Act.
(i) Report.--Not later than 90 days after the date of the enactment
of this Act and annually thereafter for 8 years, the Secretary of
State, in consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a classified report that--
(1) describes the primary sources of income to which the
Burmese military has access and that the United States has been
unable to reach using sanctions authorities; and
(2) assesses the impact of the sanctions imposed pursuant to
the authorities under this section on the Burmese people and the
Burmese military.
SEC. 5572. SANCTIONS AND POLICY COORDINATION FOR BURMA.
(a) In General.--The head of the Office of Sanctions Coordination
in the Department of State should develop a comprehensive strategy for
the implementation of the full range of United States diplomatic
capabilities to implement Burma-related sanctions in order to promote
human rights and the restoration of civilian government in Burma.
(b) Matters to Be Included.--The strategy described in subsection
(a) should include plans and steps to--
(1) coordinate the sanctions policies of the United States with
relevant bureaus and offices in the Department of State and other
relevant United States Government agencies;
(2) conduct relevant research and vetting of entities and
individuals that may be subject to sanctions and coordinate with
other United States Government agencies and international financial
intelligence units to assist in efforts to enforce anti-money
laundering and anti-corruption laws and regulations;
(3) promote a comprehensive international effort to impose and
enforce multilateral sanctions with respect to Burma;
(4) support interagency United States Government efforts,
including efforts of the United States Chief of Mission to Burma,
the United States Ambassador to ASEAN, and the United States
Permanent Representative to the United Nations, relating to--
(A) identifying opportunities to exert pressure on the
governments of the People's Republic of China and the Russian
Federation to support multilateral action against the Burmese
military; and
(B) working with like-minded partners to impose a
coordinated arms embargo on the Burmese military and targeted
sanctions on the economic interests of the Burmese military,
including through the introduction and adoption of a United
Nations Security Council resolution; and
(5) provide timely input for reporting on the impacts of the
implementation of sanctions on the Burmese military and the people
of Burma.
SEC. 5573. SUPPORT FOR GREATER UNITED NATIONS ACTION WITH RESPECT TO
BURMA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United Nations Security Council has not taken adequate
steps to condemn the February 1, 2021, coup in Burma, pressure the
Burmese military to cease its violence against civilians, or secure
the release of those unjustly detained;
(2) countries, such as the People's Republic of China and the
Russian Federation, that are directly or indirectly shielding the
Burmese military from international scrutiny and action, should be
obliged to endure the reputational damage of doing so by taking
public votes on resolutions related to Burma that apply greater
pressure on the Burmese military to restore Burma to its democratic
path; and
(3) the United Nations Secretariat and the United Nations
Security Council should take concrete steps to address the coup and
ongoing crisis in Burma consistent with United Nations General
Assembly resolution 75/287, ``The situation in Myanmar,'' which was
adopted on June 18, 2021.
(b) Support for Greater Action.--The President shall direct the
United States Permanent Representative to the United Nations to use the
voice, vote, and influence of the United States to spur greater action
by the United Nations and the United Nations Security Council with
respect to Burma by--
(1) pushing the United Nations Security Council to consider a
resolution condemning the February 1, 2021, coup and calling on the
Burmese military to cease its violence against the people of Burma
and release without preconditions the journalists, pro-democracy
activists, and political officials that it has unjustly detained;
(2) pushing the United Nations Security Council to consider a
resolution that immediately imposes a global arms embargo against
Burma to ensure that the Burmese military is not able to obtain
weapons and munitions from other nations to further harm, murder,
and oppress the people of Burma;
(3) pushing the United Nations and other United Nations
authorities to cut off assistance to the Government of Burma while
providing humanitarian assistance directly to the people of Burma
through United Nations bodies and civil society organizations,
particularly such organizations working with ethnic minorities that
have been adversely affected by the coup and the Burmese military's
violent crackdown; and
(4) spurring the United Nations Security Council to consider
multilateral sanctions against the Burmese military for its
atrocities against Rohingya and individuals of other ethnic and
religious minorities, its coup, and the atrocities it has and
continues to commit in the coup's aftermath.
(c) Sense of Congress.--It is the sense of Congress that the United
States Permanent Representative to the United Nations should use the
voice, vote, and influence of the United States to--
(1) object to the appointment of representatives to the United
Nations and United Nations bodies such as the Human Rights Council
that are sanctioned by the Burmese military; and
(2) work to ensure the Burmese military is not recognized as
the legitimate government of Burma in any United Nations body.
SEC. 5574. SUNSET.
(a) In General.--The authority to impose sanctions and the
sanctions imposed under this part shall terminate on the date that is 8
years after the date of the enactment of this Act.
(b) Certification for Early Sunset of Sanctions.--Sanctions imposed
under this part may be removed before the date specified in subsection
(a), if the President submits to the appropriate congressional
committees a certification that--
(1) the Burmese military has released all political prisoners
taken into custody on or after February 1, 2021, or is providing
legal recourse to those that remain in custody;
(2) the elected government of Burma has been reinstated or new
free and fair elections have been held;
(3) all legal charges against those winning election in
November 2020 are dropped; and
(4) the 2008 constitution of Burma has been amended or replaced
to place the Burmese military under civilian oversight and ensure
that the Burmese military no longer automatically receives 25
percent of seats in Burma's state, regional, and national Hluttaws.
(c) Notification for Early Sunset of Sanctions on Individuals.--
(1) In general.--The President may terminate the application of
sanctions under this part with respect to specific individuals if
the President submits to the appropriate congressional committees--
(A) a notice of and justification for the termination; and
(B) a notice that the individual is not engaging in the
activity or is no longer occupying the position that was the
basis for the sanctions or has taken significant verifiable
steps toward stopping the activity.
(2) Form.--The notice required by paragraph (1) shall be
submitted in unclassified form but may include a classified annex.
PART 3--AUTHORIZATIONS OF APPROPRIATIONS FOR ASSISTANCE FOR BURMA
SEC. 5575. GENERAL AUTHORIZATION OF APPROPRIATIONS.
During each of the fiscal years 2023 through 2027, following
consultation with the appropriate congressional committees and subject
to the limitations described in section 5576, funds authorized to be
made available to carry out chapter 4 of part II of the Foreign
Assistance Act of 1961 may be made available, notwithstanding any other
provision of law, for--
(1) programs to strengthen federalism in and among ethnic
states in Burma, including for non-lethal assistance for Ethnic
Armed Organizations in Burma;
(2) the administrative operations and programs of entities in
Burma, including the political entities and affiliates of Ethnic
Armed Organizations and pro-democracy movement organizations, that
support efforts to establish an inclusive and representative
democracy in Burma;
(3) technical support and non-lethal assistance for Burma's
Ethnic Armed Organizations, People's Defense Forces, and pro-
democracy movement organizations to strengthen communications and
command and control, and coordination of international relief and
other operations between and among such entities;
(4) programs and activities relating to former members of the
Burmese military that have condemned the February 1, 2022, coup
d'etat and voiced support for the restoration of civilian rule;
(5) programs to assist civil society organizations to
investigate and document atrocities in Burma for the purposes of
truth, justice, and accountability;
(6) programs to assist civil society organizations in Burma
that support individuals that who are unlawfully detained in Burma
for exercising their fundamental freedoms; and
(7) programs to assist civil society organizations and ethnic
groups with reconciliation activities related to Burma.
SEC. 5576. LIMITATIONS.
Except as provided for by this part, none of the funds authorized
to be appropriated for assistance for Burma by this part may be made
available to--
(1) the State Administrative Council or any organization or
entity controlled by, or an affiliate of, the Burmese military, or
to any individual or organization that has committed a gross
violation of human rights or advocates violence against ethnic or
religious groups or individuals in Burma, as determined by the
Secretary of State for programs administered by the Department of
State and the United States Agency for International Development,
or President of the National Endowment for Democracy (NED) for
programs administered by NED; and
(2) the Burmese military.
SEC. 5577. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this part, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on Armed
Services, and the Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives.
PART 4--EFFORTS AGAINST HUMAN RIGHTS ABUSES
SEC. 5578. AUTHORIZATION TO PROVIDE TECHNICAL ASSISTANCE FOR EFFORTS
AGAINST HUMAN RIGHTS ABUSES.
(a) In General.--The Secretary of State is authorized to provide
assistance to support appropriate civilian or international entities
that--
(1) identify suspected perpetrators of war crimes, crimes
against humanity, and genocide in Burma;
(2) collect, document, and protect evidence of crimes in Burma
and preserving the chain of custody for such evidence;
(3) conduct criminal investigations of such crimes; and
(4) support investigations related to Burma conducted by other
countries, and by entities mandated by the United Nations, such as
the Independent Investigative Mechanism for Myanmar.
(b) Authorization for Transitional Justice Mechanisms.--The
Secretary of State, taking into account any relevant findings in the
report submitted under section 5941, is authorized to provide support
for the establishment and operation of transitional justice mechanisms,
including a hybrid tribunal, to prosecute individuals suspected of
committing war crimes, crimes against humanity, or genocide in Burma.
PART 5--SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS
SEC. 5579. SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this subtitle shall not include the authority or
requirement to impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or man-made substance, material, supply, or
manufactured product, including inspection and test equipment, and
excluding technical data.
Subtitle F--Promotion of Freedom of Information and Countering of
Censorship and Surveillance in North Korea
SEC. 5580. SHORT TITLE.
This subtitle may be cited as the ``Otto Warmbier Countering North
Korean Censorship and Surveillance Act of 2022''.
SEC. 5581. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The information landscape in North Korea is the most
repressive in the world, consistently ranking last or near-last in
the annual World Press Freedom Index.
(2) Under the brutal rule of Kim Jung Un, the country's leader
since 2012, the North Korean regime has tightened controls on
access to information, as well as enacted harsh punishments for
consumers of outside media, including sentencing to time in a
concentration camp and a maximum penalty of death.
(3) Such repressive and unjust laws surrounding information in
North Korea resulted in the death of 22-year-old United States
citizen and university student Otto Warmbier, who had traveled to
North Korea in December 2015 as part of a guided tour.
(4) Otto Warmbier was unjustly arrested, sentenced to 15 years
of hard labor, and severely mistreated at the hands of North Korean
officials. While in captivity, Otto Warmbier suffered a serious
medical emergency that placed him into a comatose state. Otto
Warmbier was comatose upon his release in June 2017 and died 6 days
later.
(5) Despite increased penalties for possession and viewership
of foreign media, the people of North Korean have increased their
desire for foreign media content, according to a survey of 200
defectors concluding that 90 percent had watched South Korean or
other foreign media before defecting.
(6) On March 23, 2021, in an annual resolution, the United
Nations General Assembly condemned ``the long-standing and ongoing
systematic, widespread and gross violations of human rights in the
Democratic People's Republic of Korea'' and expressed grave concern
at, among other things, ``the denial of the right to freedom of
thought, conscience, and religion . . . and of the rights to
freedom of opinion, expression, and association, both online and
offline, which is enforced through an absolute monopoly on
information and total control over organized social life, and
arbitrary and unlawful state surveillance that permeates the
private lives of all citizens''.
(7) In 2018, Typhoon Yutu caused extensive damage to 15
broadcast antennas used by the United States Agency for Global
Media in Asia, resulting in reduced programming to North Korea. The
United States Agency for Global Media has rebuilt 5 of the 15
antenna systems as of June 2021.
(b) Sense of Congress.--It is the sense of Congress that--
(1) in the event of a crisis situation, particularly where
information pertaining to the crisis is being actively censored or
a false narrative is being put forward, the United States should be
able to quickly increase its broadcasting capability to deliver
fact-based information to audiences, including those in North
Korea; and
(2) the United States International Broadcasting Surge Capacity
Fund is already authorized under section 316 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6216), and
expanded authority to transfer unobligated balances from expired
accounts of the United States Agency for Global Media would enable
the Agency to more nimbly respond to crises.
SEC. 5582. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to provide the people of North Korea with access to a
diverse range of fact-based information;
(2) to develop and implement novel means of communication and
information sharing that increase opportunities for audiences in
North Korea to safely create, access, and share digital and non-
digital news without fear of repressive censorship, surveillance,
or penalties under law; and
(3) to foster and innovate new technologies to counter North
Korea's state-sponsored repressive surveillance and censorship by
advancing internet freedom tools, technologies, and new approaches.
SEC. 5583. UNITED STATES STRATEGY TO COMBAT NORTH KOREA'S REPRESSIVE
INFORMATION ENVIRONMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall develop and submit to
Congress a strategy on combating North Korea's repressive information
environment.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) An assessment of the challenges to the free flow of
information into North Korea created by the censorship and
surveillance technology apparatus of the Government of North Korea.
(2) A detailed description of the agencies and other government
entities, key officials, and security services responsible for the
implementation of North Korea's repressive laws regarding foreign
media consumption.
(3) A detailed description of the agencies and other government
entities and key officials of foreign governments that assist,
facilitate, or aid North Korea's repressive censorship and
surveillance state.
(4) A review of existing public-private partnerships that
provide circumvention technology and an assessment of the
feasibility and utility of new tools to increase free expression,
circumvent censorship, and obstruct repressive surveillance in
North Korea.
(5) A description of and funding levels required for current
United States Government programs and activities to provide access
for the people of North Korea to a diverse range of fact-based
information.
(6) An update of the plan required by section 104(a)(7)(A) of
the North Korean Human Rights Act of 2004 (22 U.S.C.
7814(a)(7)(A)).
(7) A description of Department of State programs and funding
levels for programs that promote internet freedom in North Korea,
including monitoring and evaluation efforts.
(8) A description of grantee programs of the United States
Agency for Global Media in North Korea that facilitate
circumvention tools and broadcasting, including monitoring and
evaluation efforts.
(9) A detailed assessment of how the United States
International Broadcasting Surge Capacity Fund authorized under
section 316 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6216) has operated to respond to crisis situations
in the past, and how authority to transfer unobligated balances
from expired accounts would help the United States Agency for
Global Media in crisis situations in the future.
(10) A detailed plan for how the authorization of
appropriations under section 5584 will operate alongside and
augment existing programming from the relevant Federal agencies and
facilitate the development of new tools to assist that programming.
(11) A detailed plan for engagement and coordination with the
Republic of Korea, as appropriate, necessary for implementing the
objectives of the strategy required by subsection (a), including--
(A) with regard to any new or expanded activities
contemplated under paragraphs (9) and (10); and
(B) any cooperation with or approval from the Government of
the Republic of Korea required to carry out such activities.
(c) Form of Strategy.--The strategy required by subsection (a)
shall be submitted in unclassified form, but may include the matters
required by paragraphs (2) and (3) of subsection (b) in a classified
annex.
SEC. 5584. PROMOTING FREEDOM OF INFORMATION AND COUNTERING CENSORSHIP
AND SURVEILLANCE IN NORTH KOREA.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Agency for Global Media an additional
$10,000,000 for each of fiscal years 2024 through 2027 to provide
increased broadcasting and grants for the following purposes:
(1) To promote the development of internet freedom tools,
technologies, and new approaches, including both digital and non-
digital means of information sharing related to North Korea.
(2) To explore public-private partnerships to counter North
Korea's repressive censorship and surveillance state.
(3) To develop new means to protect the privacy and identity of
individuals receiving media from the United States Agency for
Global Media and other outside media outlets from within North
Korea.
(4) To bolster existing programming from the United States
Agency for Global Media by restoring the broadcasting capacity of
damaged antennas caused by Typhoon Yutu in 2018.
(b) Annual Reports.--Section 104(a)(7)(B) of the North Korean Human
Rights Act of 2004 (22 U.S.C. 7814(a)(7)(B)) is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``1 year after the date of the enactment of
this paragraph'' and inserting ``September 30, 2022''; and
(B) by striking ``Broadcasting Board of Governors'' and
inserting ``Chief Executive Officer of the United States Agency
for Global Media''; and
(2) in clause (i), by inserting after ``this section'' the
following: ``and sections 5583 and 5584 of the Otto Warmbier
Countering North Korean Censorship and Surveillance Act of 2022''.
Subtitle G--Other Matters
SEC. 5585. CONGRESSIONAL NOTIFICATION FOR REWARDS PAID USING
CRYPTOCURRENCIES.
(a) In General.--Section 36(e)(6) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(e)(6)) is amended by adding at
the end the following new sentence: ``Not later than 15 days before
making a reward in a form that includes cryptocurrency, the Secretary
of State shall notify the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate of
such form for the reward.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the use of
cryptocurrency as a part of the Department of State Rewards program
established under section 36(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(a)) that--
(1) justifies any determination of the Secretary to make
rewards under such program in a form that includes cryptocurrency;
(2) lists each cryptocurrency payment made under such program
as of the date of the submission of the report;
(3) provides evidence of the manner and extent to which
cryptocurrency payments would be more likely to induce
whistleblowers to come forward with information than rewards paid
out in United States dollars or other forms of money or nonmonetary
items; and
(4) examines whether the Department's use of cryptocurrency
could provide bad actors with additional hard-to-trace funds that
could be used for criminal or illicit purposes.
SEC. 5586. SECURE ACCESS TO SANITATION FACILITIES FOR WOMEN AND GIRLS.
Subsection (a) of section 501 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2601 note) is
amended--
(1) by redesignating paragraphs (6) through (11) as paragraphs
(7) through (12), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) the provision of safe and secure access to sanitation
facilities, with a special emphasis on women and children;''.
SEC. 5587. REAUTHORIZATION OF THE TROPICAL FOREST AND CORAL REEF
CONSERVATION ACT OF 1998.
Section 806(d) of the Tropical Forest and Coral Reef Conservation
Act of 1998 (22 U.S.C. 2431d(d)) is amended by adding at the end the
following new paragraphs:
``(9) $20,000,000 for fiscal year 2023.
``(10) $20,000,000 for fiscal year 2024.
``(11) $20,000,000 for fiscal year 2025.
``(12) $20,000,000 for fiscal year 2026.
``(13) $20,000,000 for fiscal year 2027.''.
SEC. 5588. GLOBAL FOOD SECURITY REAUTHORIZATION ACT OF 2022.
(a) Findings.--Section 2 of the Global Food Security Act of 2016
(22 U.S.C. 9301) is amended by striking ``Congress makes'' and all that
follows through ``(3) A comprehensive'' and inserting ``Congress finds
that a comprehensive''.
(b) Statement of Policy Objectives; Sense of Congress.--Section
3(a) of such Act (22 U.S.C. 9302(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``programs, activities, and initiatives that'' and inserting
``comprehensive, multi-sectoral programs, activities, and
initiatives that consider agriculture and food systems in their
totality and that''.
(2) in paragraph (1), by striking ``and economic freedom
through the coordination'' and inserting ``, economic freedom, and
security through the phasing, sequencing, and coordination'';
(3) by striking paragraphs (3) and (4) and inserting the
following:
``(3) increase the productivity, incomes, and livelihoods of
small-scale producers and artisanal fishing communities, especially
women in these communities, by working across terrestrial and
aquatic food systems and agricultural value chains, including by--
``(A) enhancing local capacity to manage agricultural
resources and food systems effectively and expanding producer
access to, and participation in, local, regional, and
international markets;
``(B) increasing the availability and affordability of high
quality nutritious and safe foods and clean water;
``(C) creating entrepreneurship opportunities and improving
access to business development related to agriculture and food
systems, including among youth populations, linked to local,
regional, and international markets; and
``(D) enabling partnerships to facilitate the development
of and investment in new agricultural technologies to support
more resilient and productive agricultural practices;
``(4) build resilience to agriculture and food systems shocks
and stresses, including global food catastrophes in which
conventional methods of agriculture are unable to provide
sufficient food and nutrition to sustain the global population,
among vulnerable populations and households through inclusive
growth, while reducing reliance upon emergency food and economic
assistance;'';
(4) by amending paragraph (6) to read as follows:
``(6) improve the nutritional status of women, adolescent
girls, and children, with a focus on reducing child stunting and
incidence of wasting, including through the promotion of highly
nutritious foods, diet diversification, large-scale food
fortification, and nutritional behaviors that improve maternal and
child health and nutrition, especially during the first 1,000-day
window until a child reaches 2 years of age;''; and
(5) in paragraph (7)--
(A) by striking ``science and technology,'' and inserting
``combating fragility, resilience, science and technology,
natural resource management''; and
(B) by inserting ``, including deworming,'' after
``nutrition,''.
(c) Definitions.--Section 4 of the Global Food Security Act of 2016
(22 U.S.C. 9303) is amended--
(1) in paragraph (2), by inserting ``, including in response to
shocks and stresses to food and nutrition security'' before the
period at the end;
(2) by redesignating paragraphs (4) through (12) as paragraphs
(5) through (13), respectively;
(3) by inserting after paragraph (3) the following:
``(4) Food system.--The term `food system' means the intact or
whole unit made up of interrelated components of people, behaviors,
relationships, and material goods that interact in the production,
processing, packaging, transporting, trade, marketing, consumption,
and use of food, feed, and fiber through aquaculture, farming, wild
fisheries, forestry, and pastoralism that operates within and is
influenced by social, political, economic, and environmental
contexts.'';
(4) in paragraph (6), as redesignated, by amending subparagraph
(H) to read as follows:
``(H) local agricultural producers, including farmer and
fisher organizations, cooperatives, small-scale producers,
youth, and women; and'';
(5) in paragraph (7), as redesignated, by inserting ``the
Inter-American Foundation,'' after ``United States African
Development Foundation,'';
(6) in paragraph (9), as redesignated--
(A) by inserting ``agriculture and food'' before
``systems''; and
(B) by inserting ``, including global food catastrophes,''
after ``food security'';
(7) in paragraph (10), as redesignated, by striking ``fishers''
and inserting ``artisanal fishing communities'';
(8) in paragraph (11), as redesignated, by amending
subparagraphs (D) and (E) to read as follows:
``(D) is a marker of an environment deficient in the
various needs that allow for a child's healthy growth,
including nutrition; and
``(E) is associated with long-term poor health, delayed
motor development, impaired cognitive function, and decreased
immunity.'';
(9) in paragraph (13), as redesignated, by striking
``agriculture and nutrition security'' and inserting ``food and
nutrition security and agriculture-led economic growth''; and
(10) by adding at the end the following:
``(14) Wasting.--The term `wasting' means--
``(A) a life-threatening condition attributable to poor
nutrient intake or disease that is characterized by a rapid
deterioration in nutritional status over a short period of
time; and
``(B) in the case of children, is characterized by low
weight for height and weakened immunity, increasing their risk
of death due to greater frequency and severity of common
infection, particularly when severe.''.
(d) Comprehensive Global Food Security Strategy.--Section 5(a) of
the Global Food Security Act of 2016 (22 U.S.C. 9304) is amended--
(1) in paragraph (4), by striking ``country-owned agriculture,
nutrition, and food security policy and investment plans'' and
inserting ``partner country-led agriculture, nutrition, regulatory,
food security, and water resources management policy and investment
plans and governance systems'';
(2) by amending paragraph (5) to read as follows:
``(5) support the locally-led and inclusive development of
agriculture and food systems, including by enhancing the extent to
which small-scale food producers, especially women, have access to
and control over the inputs, skills, resource management capacity,
networking, bargaining power, financing, market linkages,
technology, and information needed to sustainably increase
productivity and incomes, reduce poverty and malnutrition, and
promote long-term economic prosperity;'';
(3) in paragraph (6)--
(A) by inserting ``, adolescent girls,'' after ``women'';
and
(B) by inserting ``and preventing incidence of wasting''
after ``reducing child stunting'';
(4) in paragraph (7), by inserting ``poor water resource
management and'' after ``including'';
(5) in paragraph (8)--
(A) by striking ``the long-term success of programs'' and
inserting ``long-term impact''; and
(B) by inserting ``, including agricultural research
capacity,'' after ``institutions'';
(6) in paragraph (9), by striking ``integrate resilience and
nutrition strategies into food security programs, such that
chronically vulnerable populations are better able to'' and
inserting ``coordinate with and complement relevant strategies to
ensure that chronically vulnerable populations are better able to
adapt,'';
(7) by redesignating paragraph (17) as paragraph (22);
(8) by redesignating paragraphs (12) through (16) as paragraphs
(14) through (18), respectively;
(9) by striking paragraphs (10) and (11) and inserting the
following:
``(10) develop community and producer resilience and adaptation
strategies to disasters, emergencies, and other shocks and stresses
to food and nutrition security, including conflicts, droughts,
flooding, pests, and diseases, that adversely impact agricultural
yield and livelihoods;
``(11) harness science, technology, and innovation, including
the research and extension activities supported by the private
sector, relevant Federal departments and agencies, Feed the Future
Innovation Labs or any successor entities, and international and
local researchers and innovators, recognizing that significant
investments in research and technological advances will be
necessary to reduce global poverty, hunger, and malnutrition;
``(12) use evidenced-based best practices, including scientific
and forecasting data, and improved planning and coordination by,
with, and among key partners and relevant Federal departments and
agencies to identify, analyze, measure, and mitigate risks, and
strengthen resilience capacities;
``(13) ensure scientific and forecasting data is accessible and
usable by affected communities and facilitate communication and
collaboration among local stakeholders in support of adaptation
planning and implementation, including scenario planning and
preparedness using seasonal forecasting and scientific and local
knowledge;'';
(10) in paragraph (15), as redesignated, by inserting
``nongovernmental organizations, including'' after ``civil
society,'';
(11) in paragraph (16), as redesignated, by inserting ``and
coordination, as appropriate,'' after ``collaboration'';
(12) in paragraph (18), as redesignated, by striking ``section
8(b)(4); and'' and inserting ``section 8(a)(4);''; and
(13) by inserting after paragraph (18), as redesignated, the
following:
``(19) improve the efficiency and resilience of agricultural
production, including management of crops, rangelands, pastures,
livestock, fisheries, and aquacultures;
``(20) ensure investments in food and nutrition security
consider and integrate best practices in the management and
governance of natural resources and conservation, especially among
food insecure populations living in or near biodiverse ecosystems;
``(21) be periodically updated in a manner that reflects
learning and best practices; and''.
(e) Periodic Updates.--Section 5 of the Global Food Security Act of
2016 (22 U.S.C. 9304), as amended by subsection (d), is further amended
by adding at the end the following:
``(d) Periodic Updates.--Not less frequently than quinquennially
through fiscal year 2030, the President, in consultation with the head
of each relevant Federal department and agency, shall submit to the
appropriate congressional committees updates to the Global Food
Security Strategy required under subsection (a) and the agency-specific
plans described in subsection (c)(2).''.
(f) Authorization of Appropriations to Implement the Global Food
Security Strategy.--Section 6(b) of such Act (22 U.S.C. 9305(b)) is
amended--
(1) by striking ``$1,000,600,000 for each of fiscal years 2017
through 2023'' and inserting ``$1,200,000,000 for each of the
fiscal years 2024 through 2028''; and
(2) by adding at the end the following: ``Amounts authorized to
appropriated under this subsection should be prioritized to carry
out programs and activities in target countries.''.
(g) Emergency Food Security Program.--
(1) In general.--Section 7 of the Global Food Security Act of
2016 (22 U.S.C. 9306) is amended by striking ``(a) Sense of
Congress.--'' and all that follows through ``It shall be'' and
inserting ``It shall be''.
(2) Authorization of appropriations.--Section 492(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2292a(a)) is amended by
striking ``$2,794,184,000 for each of fiscal years 2017 through
2023, of which up to $1,257,382,000'' and inserting
``$3,905,460,000 for each of the fiscal years 2024 through 2028, of
which up to $1,757,457,000''.
(h) Reports.--Section 8(a) of the Global Food Security Act of 2016
(22 U.S.C. 9307) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``During each of the first 7 years after
the date of the submission of the strategy required under
section 5(c),'' and inserting ``For each of the fiscal years
through 2028,'';
(B) by striking ``reports that describe'' and inserting ``a
report that describes''; and
(C) by striking ``at the end of the reporting period'' and
inserting ``during the preceding year'';
(2) in paragraph (2), by inserting ``, including any changes to
the target countries selected pursuant to the selection criteria
described in section 5(a)(2) and justifications for any such
changes'' before the semicolon at the end;
(3) in paragraph (3), by inserting ``identify and'' before
``describe'';
(4) by redesignating paragraphs (12) through (14) as paragraphs
(15) through (17), respectively;
(5) by redesignating paragraphs (5) through (11) as paragraphs
(7) through (13), respectively;
(6) by striking paragraph (4) and inserting the following:
``(4) identify and describe the priority quantitative metrics
used to establish baselines and performance targets at the
initiative, country, and zone of influence levels;
``(5) identify such established baselines and performance
targets at the country and zone of influence levels;
``(6) identify the output and outcome benchmarks and indicators
used to measure results annually, and report the annual measurement
of results for each of the priority metrics identified pursuant to
paragraph (4), disaggregated by age, gender, and disability, to the
extent practicable and appropriate, in an open and transparent
manner that is accessible to the people of the United States;'';
(7) in paragraph (7), as redesignated, by striking
``agriculture'' and inserting ``food'';
(8) in paragraph (8), as redesignated--
(A) by inserting ``quantitative and qualitative'' after
``how''; and
(B) by inserting ``at the initiative, country, and zone of
influence levels, including longitudinal data and key
uncertainties'' before the semicolon at the end;
(9) in paragraph (9), as redesignated, by inserting ``within
target countries, amounts and justification for any spending
outside of target countries'' after ``amounts spent'';
(10) in paragraph (13), as redesignated, by striking ``and the
impact of private sector investment'' and inserting ``and efforts
to encourage financial donor burden sharing and the impact of such
investment and efforts'';
(11) by inserting after paragraph (13), as redesignated, the
following:
``(14) describe how agriculture research is prioritized within
the Global Food Security Strategy to support agriculture-led growth
and eventual self-sufficiency and assess efforts to coordinate
research programs within the Global Food Security Strategy with key
stakeholders;'';
(12) in paragraph (16), as redesignated, by striking ``and'' at
the end;
(13) in paragraph (17), as redesignated--
(A) by inserting ``, including key challenges or
missteps,'' after ``lessons learned''; and
(B) by striking the period at the end and inserting ``;
and''; and
(14) by adding at the end the following:
``(18) during the final year of each strategy required under
section 5, complete country graduation reports to determine whether
a country should remain a target country based on quantitative and
qualitative analysis.''.
SEC. 5589. EXTENSION AND MODIFICATION OF CERTAIN EXPORT CONTROLS.
(a) Extension of Export Prohibition on Munitions Items to the Hong
Kong Police Force.--Section 3 of the Act entitled ``An Act to prohibit
the commercial export of covered munitions items to the Hong Kong
Police Force'', approved November 27, 2019 (Public Law 116-77; 133
Stat. 1173), is amended by striking ``shall expire'' and all that
follows and inserting ``shall expire on December 31, 2024.''.
(b) Modification of Authority of President Under Export Control
Reform Act of 2018.--Section 1753(a)(2)(F) of the Export Control Reform
Act of 2018 (50 U.S.C. 4812(a)(2)(F)) is amended by inserting ``,
security, or'' before ``intelligence''.
SEC. 5590. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, SUPPLY, OR
TRANSFER OF GOLD TO OR FROM RUSSIA.
(a) Identification.--Not later than 90 days after the date of the
enactment of this Act, and periodically as necessary thereafter, the
President--
(1) shall submit to Congress a report identifying foreign
persons that knowingly participated in a significant transaction--
(A) for the sale, supply, or transfer (including
transportation) of gold, directly or indirectly, to or from the
Russian Federation or the Government of the Russian Federation,
including from reserves of the Central Bank of the Russian
Federation held outside the Russian Federation; or
(B) that otherwise involved gold in which the Government of
the Russian Federation had any interest; and
(2) shall impose the sanctions described in subsection (b)(1)
with respect to each such person; and
(3) may impose the sanctions described in subsection (b)(2)
with respect to any such person that is an alien.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The exercise of all powers granted
to the President by the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) to the extent necessary to block and
prohibit all transactions in all property and interests in property
of a foreign person identified in the report required by subsection
(a)(1) if such property and interests in property are in the United
States, come within the United States, or are or come within the
possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a)(1) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular officer, the
Secretary of State, or the Secretary of Homeland Security
(or a designee of one of such Secretaries) shall, in
accordance with section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)), revoke any visa or
other entry documentation issued to an alien described in
subsection (a)(1).
(ii) Immediate effect.--The revocation under clause (i)
of a visa or other entry documentation issued to an alien
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or
entry documentation that is in the alien's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this
section.
(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or any
regulation, license, or order issued to carry out this section
shall be subject to the penalties set forth in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) to the same extent as a person that commits an
unlawful act described in subsection (a) of that section.
(d) National Interest Waiver.--The President may waive the
imposition of sanctions under this section with respect to a person if
the President--
(1) determines that such a waiver is in the national interests
of the United States; and
(2) submits to Congress a notification of the waiver and the
reasons for the waiver.
(e) Termination.--
(1) In general.--Except as provided in paragraph (2), the
requirement to impose sanctions under this section, and any
sanctions imposed under this section, shall terminate on the
earlier of--
(A) the date that is 3 years after the date of the
enactment of this Act; or
(B) the date that is 30 days after the date on which the
President certifies to Congress that--
(i) the Government of the Russian Federation has ceased
its destabilizing activities with respect to the
sovereignty and territorial integrity of Ukraine; and
(ii) such termination in the national interests of the
United States.
(2) Transition rules.--
(A) Continuation of certain authorities.--Any authorities
exercised before the termination date under paragraph (1) to
impose sanctions with respect to a foreign person under this
section may continue to be exercised on and after that date if
the President determines that the continuation of those
authorities is in the national interests of the United States.
(B) Application to ongoing investigations.--The termination
date under paragraph (1) shall not apply to any investigation
of a civil or criminal violation of this section or any
regulation, license, or order issued to carry out this section,
or the imposition of a civil or criminal penalty for such a
violation, if--
(i) the violation occurred before the termination date;
or
(ii) the person involved in the violation continues to
be subject to sanctions pursuant to subparagraph (A).
(f) Exceptions.--
(1) Exceptions for authorized intelligence and law enforcement
and national security activities.--This section shall not apply
with respect to activities subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C. 3091
et seq.) or any authorized intelligence, law enforcement, or
national security activities of the United States.
(2) Exception to comply with international agreements.--
Sanctions under subsection (b)(2) may not apply with respect to the
admission of an alien to the United States if such admission is
necessary to comply with the obligations of the United States under
the Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or the Convention on Consular Relations, done at Vienna
April 24, 1963, and entered into force March 19, 1967, or other
international obligations.
(3) Humanitarian exemption.--The President shall not impose
sanctions under this section with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices or for
the provision of humanitarian assistance.
(4) Exception relating to importation of goods.--
(A) In general.--The requirement or authority to impose
sanctions under this section shall not include the authority or
a requirement to impose sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and test
equipment, and excluding technical data.
(g) Definitions.--In this section:
(1) The terms ``admission'', ``admitted'', ``alien'', and
``lawfully admitted for permanent residence'' have the meanings
given those terms in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101).
(2) The term ``foreign person'' means an individual or entity
that is not a United States person.
(3) The term ``knowingly'', with respect to conduct, a
circumstance, or a result, means that a person has actual
knowledge, or should have known, of the conduct, the circumstance,
or the result.
(4) The term ``United States person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 5591. RENEGOTIATION OF COMPACTS OF FREE ASSOCIATION.
(a) Sense of Congress.--It is the sense of Congress as follows:
(1) The United States shares deep ties, history and interests
with the Freely Associated States of the Republic of the Marshall
Islands, Federated States of Micronesia, and Palau and continues a
special, unique and mutually beneficial relationship with them
under the decades-old Compacts of Free Association.
(2) Under the Compacts, the United States has undertaken the
responsibility and obligation to provide and ensure the security
and defense of the Freely Associated States.
(3) The Compacts are critical to the national security of the
United States and its allies and partners and are the bedrock of
the United States role in the Pacific.
(4) Renewal of key provisions of the Compacts, now being
renegotiated with each nation, is critical for regional security.
(5) Maintaining and strengthening the Compacts supports both
United States national security and the United States
responsibility for the security and defense of the Freely
Associated States.
(b) Briefing on Renegotiations.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense and the Secretary of the
Interior, shall brief the following committees on the status of the
renegotiations of the Compacts of Free Association described in
subsection (a) and opportunities to expand its support for the
renegotiations:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Committee on
Natural Resources of the House of Representatives.
(3) The Committee on Foreign Relations and the Committee on
Energy and Natural Resources of the Senate.
SEC. 5592. SECRETARY OF STATE ASSISTANCE FOR PRISONERS IN ISLAMIC
REPUBLIC OF IRAN.
(a) Statement of Policy.--It is the policy of the United States
that--
(1) the Islamic Republic of Iran should allow the United
Nations Special Rapporteur on the Situation of Human Rights in the
Islamic Republic of Iran unimpeded access to facilitate the full
implementation of the mandate of the United Nations Special
Rapporteur, including--
(A) investigating alleged violations of human rights that
are occurring or have occurred both within prisons and
elsewhere;
(B) transmitting urgent appeals and letters to the Islamic
Republic of Iran regarding alleged violations of human rights;
and
(C) engaging with relevant stakeholders in the Islamic
Republic of Iran and the surrounding region;
(2) the Islamic Republic of Iran should immediately end
violations of the human rights of political prisoners or persons
imprisoned for exercising the right to freedom of speech,
including--
(A) torture;
(B) denial of access to health care; and
(C) denial of a fair trial;
(3) all prisoners of conscience and political prisoners in the
Islamic Republic of Iran should be unconditionally and immediately
released;
(4) all diplomatic tools of the United States should be invoked
to ensure that all prisoners of conscience and political prisoners
in the Islamic Republic of Iran are released, including raising
individual cases of particular concern; and
(5) all officials of the government of the Islamic Republic of
Iran who are responsible for human rights abuses in the form of
politically motivated imprisonment should be held to account,
including through the imposition of sanctions pursuant to the
Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101
et seq.) and other applicable statutory authorities of the United
States.
(b) Assistance for Prisoners.--The Secretary of State is authorized
to continue to provide assistance to civil society organizations that
support prisoners of conscience and political prisoners in the Islamic
Republic of Iran, including organizations that--
(1) work to secure the release of such prisoners;
(2) document violations of human rights with respect to such
prisoners;
(3) support international advocacy to raise awareness of issues
relating to such prisoners;
(4) support the health, including mental health, of such
prisoners; and
(5) provide post-incarceration assistance to enable such
prisoners to resume normal lives, including access to education,
employment, or other forms of reparation.
(c) Definitions.--In this section:
(1) The term ``political prisoner'' means a person who has been
detained or imprisoned on politically motivated grounds.
(2) The term ``prisoner of conscience'' means a person who--
(A) is imprisoned or otherwise physically restricted solely
in response to the peaceful exercise of the human rights of
such person; and
(B) has not used violence or advocated violence or hatred.
SEC. 5593. IRAN NUCLEAR WEAPONS CAPABILITY AND TERRORISM MONITORING ACT
OF 2022.
(a) Short Title.--This section may be cited as the ``Iran Nuclear
Weapons Capability and Terrorism Monitoring Act of 2022''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) an Islamic Republic of Iran that possesses a nuclear
weapons capability would be a serious threat to the national
security of the United States, Israel, and other allies and
partners;
(2) the Islamic Republic of Iran has been less than cooperative
with international inspectors from the International Atomic Energy
Agency and has obstructed their ability to inspect facilities as
well as data and recordings collected by surveillance equipment
across Iran;
(3) the Islamic Republic of Iran continues to advance missile
and drone programs, which are a threat to the national security of
the United States, Israel, and other allies and partners;
(4) the Islamic Republic of Iran continues to support proxies
in the Middle East in a manner that--
(A) undermines the sovereignty of regional governments;
(B) threatens the safety of United States citizens;
(C) threatens United States allies and partners; and
(D) directly undermines the national security interests of
the United States;
(5) the Islamic Republic of Iran has engaged in assassination
plots against former United States officials and has been
implicated in plots to kidnap United States citizens within the
United States;
(6) the Islamic Republic of Iran is engaged in unsafe and
unprofessional maritime activity that threatens the movement of
naval vessels of the United States and the free flow of commerce
through strategic maritime chokepoints in the Middle East and North
Africa;
(7) the Islamic Republic of Iran has delivered hundreds of
armed drones to the Russian Federation, which will enable Vladimir
Putin to continue the assault against Ukraine in direct opposition
of the national security interests of the United States; and
(8) the United States must--
(A) ensure that the Islamic Republic of Iran does not
acquire a nuclear weapons capability;
(B) protect against aggression from the Islamic Republic of
Iran manifested through its missiles and drone programs; and
(C) counter regional and global terrorism of the Islamic
Republic of Iran in a manner that minimizes the threat posed by
state and non-state actors to the interests of the United
States.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Armed Services, the Committee
on Energy and Natural Resources, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Armed Services, the Committee
on Energy and Commerce, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Comprehensive safeguards agreement.--The term
``Comprehensive Safeguards Agreement'' means the Agreement between
the Islamic Republic of Iran and the International Atomic Energy
Agency for the Application of Safeguards in Connection with the
Treaty on the Non-Proliferation of Nuclear Weapons, done at Vienna
June 19, 1973.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(4) Task force.--The term ``task force'' means the task force
established under subsection (d).
(5) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given the term in section 44801 of title
49, United States Code.
(d) Establishment of Interagency Task Force on Nuclear Activity and
Global Regional Terrorism of the Islamic Republic of Iran.--
(1) Establishment.--The Secretary of State shall establish a
task force to coordinate and synthesize efforts by the United
States Government regarding--
(A) nuclear activity of the Islamic Republic of Iran or its
proxies; and
(B) regional and global terrorism activity by the Islamic
Republic of Iran or its proxies.
(2) Composition.--
(A) Chairperson.--The Secretary of State shall be the
Chairperson of the task force.
(B) Membership.--
(i) In general.--The task force shall be composed of
individuals, each of whom shall be an employee of and
appointed to the task force by the head of one of the
following agencies:
(I) The Department of State.
(II) The Department of Defense.
(III) The Department of Energy.
(ii) Additional members.--The Chairperson may appoint
to the task force additional individuals from other Federal
agencies, as the Chairperson considers necessary.
(iii) Intelligence community support.--The Director of
National Intelligence shall ensure that the task force
receives all appropriate support from the intelligence
community.
(3) Sunset.--The task force shall terminate on December 31,
2028.
(e) Assessments.--
(1) Intelligence assessment on nuclear activity.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, and every 180 days thereafter until
December 31, 2028, the Director of National Intelligence shall
submit to the appropriate congressional committees an
assessment regarding any uranium enrichment, nuclear weapons
development, delivery vehicle development, and associated
engineering and research activities of the Islamic Republic of
Iran.
(B) Contents.--The assessment required by subparagraph (A)
shall include--
(i) a description and location of current fuel cycle
activities for the production of fissile material being
undertaken by the Islamic Republic of Iran, including--
(I) research and development activities to procure
or construct additional advanced IR-2, IR-6 and other
model centrifuges and enrichment cascades, including
for stable isotopes;
(II) research and development of reprocessing
capabilities, including--
(aa) reprocessing of spent fuel; and
(bb) extraction of medical isotopes from
irradiated uranium targets;
(III) activities with respect to designing or
constructing reactors, including--
(aa) the construction of heavy water reactors;
(bb) the manufacture or procurement of reactor
components, including the intended application of
such components; and
(cc) efforts to rebuild the original reactor at
Arak;
(IV) uranium mining, concentration, conversion, and
fuel fabrication, including--
(aa) estimated uranium ore production capacity
and annual recovery;
(bb) recovery processes and ore concentrate
production capacity and annual recovery;
(cc) research and development with respect to,
and the annual rate of, conversion of uranium; and
(dd) research and development with respect to
the fabrication of reactor fuels, including the use
of depleted, natural, and enriched uranium; and
(V) activities with respect to--
(aa) producing or acquiring plutonium or
uranium (or their alloys);
(bb) conducting research and development on
plutonium or uranium (or their alloys);
(cc) uranium metal; or
(dd) casting, forming, or machining plutonium
or uranium;
(ii) with respect to any activity described in clause
(i), a description, as applicable, of--
(I) the number and type of centrifuges used to
enrich uranium and the operating status of such
centrifuges;
(II) the number and location of any enrichment or
associated research and development facility used to
engage in such activity;
(III) the amount of heavy water, in metric tons,
produced by such activity and the acquisition or
manufacture of major reactor components, including, for
the second and subsequent assessments, the amount
produced since the last assessment;
(IV) the number and type of fuel assemblies
produced by the Islamic Republic of Iran, including
failed or rejected assemblies; and
(V) the total amount of--
(aa) uranium-235 enriched to not greater than 5
percent purity;
(bb) uranium-235 enriched to greater than 5
percent purity and not greater than 20 percent
purity;
(cc) uranium-235 enriched to greater than 20
percent purity and not greater than 60 percent
purity;
(dd) uranium-235 enriched to greater than 60
percent purity and not greater than 90 percent
purity; and
(ee) uranium-235 enriched greater than 90
percent purity;
(iii) a description of any weaponization plans and
weapons development capabilities of the Islamic Republic of
Iran, including--
(I) plans and capabilities with respect to--
(aa) weapon design, including fission, warhead
miniaturization, and boosted and early
thermonuclear weapon design;
(bb) high yield fission development;
(cc) design, development, acquisition, or use
of computer models to simulate nuclear explosive
devices;
(dd) design, development, fabricating,
acquisition, or use of explosively driven neutron
sources or specialized materials for explosively
driven neutron sources; and
(ee) design, development, fabrication,
acquisition, or use of precision machining and
tooling that could enable the production of nuclear
explosive device components;
(II) the ability of the Islamic Republic of Iran to
deploy a working or reliable delivery vehicle capable
of carrying a nuclear warhead;
(III) the estimated breakout time for the Islamic
Republic of Iran to develop and deploy a nuclear
weapon, including a crude nuclear weapon; and
(IV) the status and location of any research and
development work site related to the preparation of an
underground nuclear test;
(iv) an identification of any clandestine nuclear
facilities;
(v) an assessment of whether the Islamic Republic of
Iran maintains locations to store equipment, research
archives, or other material previously used for a weapons
program or that would be of use to a weapons program that
the Islamic Republic of Iran has not declared to the
International Atomic Energy Agency;
(vi) any diversion by the Islamic Republic of Iran of
uranium, carbon-fiber, or other materials for use in an
undeclared or clandestine facility;
(vii) an assessment of activities related to developing
or acquiring the capabilities for the production of nuclear
weapons, conducted at facilities controlled by the Ministry
of Defense and Armed Forces Logistics of Iran, the Islamic
Revolutionary Guard Corps, and the Organization of
Defensive Innovation and Research, including an analysis of
gaps in knowledge;
(viii) a description of activities between the Islamic
Republic of Iran and other countries or persons with
respect to sharing information on, or providing other forms
of support for, the acquisition of a nuclear weapons
capability or activities related to weaponization;
(ix) with respect to any new ballistic, cruise, or
hypersonic missiles being designed and tested by the
Islamic Republic of Iran or any of its proxies, a
description of--
(I) the type of missile;
(II) the range of such missiles;
(III) the capability of such missiles to deliver a
nuclear warhead;
(IV) the number of such missiles; and
(V) any testing of such missiles;
(x) an assessment of whether the Islamic Republic of
Iran or any of its proxies possesses an unmanned aircraft
system or other military equipment capable of delivering a
nuclear weapon; and
(xi) an assessment of the extent to which the Islamic
Republic of Iran is providing drones, missiles, or related
technology from other countries to its proxies or partners.
(2) Assessment on support for regional and global terrorism of
the islamic republic of iran.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, and annually thereafter until
December 31, 2028, the Director of National Intelligence shall
submit to the appropriate congressional committees an
assessment regarding the regional and global terrorism of the
Islamic Republic of Iran.
(B) Contents.--The assessment required by subparagraph (A)
shall include--
(i) a description of the lethal support of the Islamic
Republic of Iran, including training, equipment, and
associated intelligence support, to regional and global
non-state terrorist groups and proxies;
(ii) a description of the lethal support of the Islamic
Republic of Iran, including training and equipment, to
state actors;
(iii) an assessment of financial support of the Islamic
Republic of Iran to non-state terrorist groups and proxies
and associated Iranian revenue streams funding such
support;
(iv) an assessment of the threat posed by the Islamic
Republic of Iran and Iranian-supported groups to members of
the Armed Forces, diplomats, and military and diplomatic
facilities of the United States;
(v) a description of attacks by, or sponsored by, the
Islamic Republic of Iran against members of the Armed
Forces, diplomats, and military and diplomatic facilities
of the United States and the associated response by the
United States Government in the previous year;
(vi) a description of attacks by, or sponsored by, the
Islamic Republic of Iran against United States partners or
allies and the associated response by the United States
Government in the previous year;
(vii) an assessment of interference by the Islamic
Republic of Iran into the elections and political processes
of sovereign countries in the Middle East and North Africa
in an effort to create conditions for or shape agendas more
favorable to the policies of the Government of the Islamic
Republic of Iran;
(viii) a description of any plots by the Islamic
Republic of Iran against former and current United States
officials;
(ix) a description of any plots by the Islamic Republic
of Iran against United States citizens both abroad and
within the United States; and
(x) a description of maritime activity of the Islamic
Republic of Iran and associated impacts on the free flow of
commerce and the national security interests of the United
States.
(3) Form; public availability; duplication.--
(A) Form.--Each assessment required by this subsection
shall be submitted in unclassified form but may include a
classified annex for information that, if released, would be
detrimental to the national security of the United States. In
addition, any classified portion may contain an additional
annex provided to the congressional intelligence committees
that details information and analysis that would otherwise
disclose sensitive sources and methods.
(B) Public availability.--The unclassified portion of an
assessment required by this subsection shall be made available
to the public on an internet website of the Office of the
Director of National Intelligence.
(C) Duplication.--For any assessment required by this
subsection, the Director of National Intelligence may rely upon
existing products that reflect the current analytic judgment of
the intelligence community, including reports or products
produced in response to congressional mandate or requests from
executive branch officials.
(f) Diplomatic Strategy to Address Identified Nuclear, Ballistic
Missile, and Terrorism Threats to the United States.--
(1) In general.--Not later than 30 days after the submission of
the initial assessment under subsection (e)(1), and annually
thereafter until December 31, 2028, the Secretary of State, in
consultation with the task force, shall submit to the appropriate
congressional committees a diplomatic strategy that outlines a
comprehensive plan for engaging with partners and allies of the
United States regarding uranium enrichment, nuclear weaponization,
missile development, and drone-related activities and regional and
global terrorism of the Islamic Republic of Iran.
(2) Contents.--The diplomatic strategy required by paragraph
(1) shall include--
(A) an assessment of whether the Islamic Republic of Iran--
(i) is in compliance with the Comprehensive Safeguards
Agreement and modified Code 3.1 of the Subsidiary
Arrangements to the Comprehensive Safeguards Agreement as
well as the nuclear related commitments endorsed in United
Nations Security Council Resolution 2231 (2015); and
(ii) has denied access to sites that the International
Atomic Energy Agency has sought to inspect during previous
1-year period;
(B) a description of any dual-use item (as defined under
section 730.3 of title 15, Code of Federal Regulations or
listed on the List of Nuclear-Related Dual-Use Equipment,
Materials, Software, and Related Technology issued by the
Nuclear Suppliers Group or any successor list) the Islamic
Republic of Iran is using to further the nuclear weapon,
missile, or drone program;
(C) a description of efforts of the United States to
counter efforts of the Islamic Republic of Iran to project
political and military influence into the Middle East;
(D) a description of efforts to address the increased
threat that new or evolving uranium enrichment, nuclear
weaponization, missile, or drone development activities by the
Islamic Republic of Iran pose to United States citizens, the
diplomatic presence of the United States in the Middle East,
and the national security interests of the United States;
(E) a description of efforts to address the threat that
terrorism by, or sponsored by, the Islamic Republic of Iran
poses to United States citizens, the diplomatic presence of the
United States in the Middle East, and the national security
interests of the United States;
(F) a description of efforts to address the impact of the
influence of the Islamic Republic of Iran on sovereign
governments on the safety and security of United States
citizens, the diplomatic presence of the United States in the
Middle East, and the national security interests of the United
States;
(G) a description of a coordinated whole-of-government
approach to use political, economic, and security related tools
to address such activities; and
(H) a comprehensive plan for engaging with allies and
regional partners in all relevant multilateral fora to address
such activities.
(3) Updated strategy related to notification.--Not later than
45 days after the Chairperson determines that there has been a
significant development in the nuclear weapons capability or
nuclear weapons delivery systems capability of the Islamic Republic
of Iran, the Secretary of State shall submit to the appropriate
congressional committees an update to the most recent diplomatic
strategy submitted under paragraph (1).
Subtitle H--Reports
SEC. 5594. MODIFICATION TO PEACEKEEPING OPERATIONS REPORT.
Section 6502 of the National Defense Authorization Act for Fiscal
Year 2022 (22 U.S.C. 2348 note) is amended--
(1) in subsection (a)--
(A) by amending paragraph (4) to read as follows:
``(4) As applicable, a description of specific training on
monitoring and adhering to international human rights and
humanitarian law provided to the foreign country or entity
receiving the assistance.''; and
(B) by striking paragraphs (7) and (8);
(2) in subsection (b)--
(A) in the subsection heading, by striking ``on Programs
Under Peacekeeping Operations Account''; and
(B) in paragraph (1), in the matter preceding subparagraph
(A)--
(i) by inserting ``authorized under section 551 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2348) and'' after
``security assistance''; and
(ii) by striking ``foreign countries'' and all that
follows through the colon and inserting ``foreign countries
for any of the following purposes:'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b), as amended, the
following:
``(c) Coordination of Submission.--The Secretary of State is
authorized to integrate the elements of the report required by
subsection (b) into other reports required to be submitted annually to
the appropriate congressional committees.''.
SEC. 5595. REPORT ON INDO-PACIFIC REGION.
(a) In General.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Assistant Secretary of State for the
Bureau of East Asian and Pacific Affairs, in coordination with the
Assistant Secretary of State for the Bureau of South and Central
Asian Affairs and Assistant Administrator for the Bureau for Asia
of the United States Agency for International Development (USAID),
shall submit to the congressional foreign affairs committees a
report that contains a 2-year strategy assessing the resources and
activities required to achieve the policy objectives described in
subsection (c).
(2) Submission and update.--The report and strategy required by
this subsection shall--
(A) be submitted at the same time as the submission of the
budget of the President (submitted to Congress pursuant to
section 1105 of title 31, United States Code) for fiscal year
2024; and
(B) be updated and submitted at the same time as the
submission of the budget of the President (submitted to
Congress pursuant to section 1105 of title 31, United States
Code) for fiscal years 2026, 2028, and 2030.
(b) Criteria.--The report and strategy required in subsection (a)
shall be developed in accordance with the following criteria:
(1) It shall reflect the objective, autonomous, and independent
assessment of the activities, resources, and costs required to
achieve objectives detailed in subsection (c) by the principals,
the subordinate and parallel offices providing input into the
assessment.
(2) It shall cover a period of five fiscal years, beginning
with the fiscal year following the fiscal year in which the report
is submitted.
(3) It shall incorporate input from United States Ambassadors
in the Indo-Pacific region provided explicitly for the required
report.
(4) It may include information gathered through consultation
with program offices and subject matter experts in relevant
functional bureaus, as deemed necessary by the principals.
(5) It shall not be subject to fiscal guidance or global
strategic tradeoffs associated with the annual President's budget
request.
(c) Policy Objectives.--The report and strategy required in
subsection (a) shall assess the activities and resources required to
achieve the following policy objectives:
(1) Implementing the Interim National Security Strategic
Guidance, or the most recent National Security Strategy, with
respect to the Indo-Pacific region.
(2) Implementing the 2022 Indo-Pacific Strategy, or successor
documents, that set forth the United States Government strategy
toward the Indo-Pacific region.
(3) Implementing the State-USAID Joint Strategic Plan with
respect to the Indo-Pacific region.
(4) Enhancing meaningful diplomatic and economic relations with
allies and partners in the Indo-Pacific and demonstrate an enduring
United States commitment to the region.
(5) Securing and advancing United States national interests in
the Indo-Pacific, including through countering the malign influence
of the Government of the People's Republic of China.
(d) Matters to Be Included.--The report and strategy required under
subsection (a) shall include the following:
(1) A description of the Bureaus' bilateral and multilateral
goals for the period covered in the report that the principals deem
necessary to accomplish the objectives outlined in subsection (c),
disaggregated by country and forum.
(2) A timeline with annual benchmarks for achieving the
objectives described in subsection (c).
(3) An assessment of the sufficiency of United States
diplomatic personnel and facilities currently available in the
Indo-Pacific region to achieve the objectives outlined in
subsection (c), through consultation with United States embassies
in the region. The assessment shall include:
(A) A list, in priority order, of locations in the Indo-
Pacific region that require additional diplomatic personnel or
facilities.
(B) A description of locations where the United States may
be able to collocate diplomatic personnel at allied or partner
embassies and consulates.
(C) A discussion of embassies or consulates where
diplomatic staff could be reduced within the Indo-Pacific
region, where appropriate.
(D) A detailed description of the fiscal and personnel
resources required to fill gaps identified.
(4) A detailed plan to expand United States diplomatic
engagement and foreign assistance presence in the Pacific Island
nations within the next five years, including a description of
``quick impact'' programs that can be developed and implemented
within the first fiscal year of the period covered in the report.
(5) A discussion of the resources needed to enhance United
States strategic messaging and spotlight coercive behavior by the
People's Republic of China.
(6) A detailed description of the resources and policy tools
needed to expand the United States ability to offer high-quality
infrastructure projects in strategically significant parts of the
Indo-Pacific region, with a particular focus on expanding
investments in Southeast Asia and the Pacific Islands.
(7) A gap assessment of security assistance by country, and of
the resources needed to fill those gaps.
(8) A description of the resources and policy tools needed to
facilitate continued private sector investment in partner countries
in the Indo-Pacific.
(9) A discussion of any additional bilateral or regional
assistance resources needed to achieve the objectives outlined in
subsection (c), as deemed necessary by the principals.
(e) Form.--The report required under subsection (a) shall be
submitted in an unclassified form, but may include a classified annex.
(f) Availability.--Not later than February 1 each year, the
Assistant Secretary for East Asian and Pacific Affairs shall make the
report and strategy available to the Secretary of State, the
Administrator of the USAID, the Deputy Secretary of State, the Deputy
Secretary of State for Management and Resources, the Deputy
Administrator for Policy and Programming, the Deputy Administrator for
Management and Resources, the Under Secretary of State for Political
Affairs, the Director of the Office of Foreign Assistance at the
Department of State, the Director of the Bureau of Foreign Assistance
at the USAID, and the Director of Policy Planning.
(g) Definitions.--In this section:
(1) Indo-pacific region.--The term ``Indo-Pacific region''
means the countries under the jurisdiction of the Bureau for East
Asian and Pacific Affairs, as well as the countries of Bangladesh,
Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka.
(2) Foreign affairs committees.--The term ``foreign affairs
committees'' means--
(A) the Committee on Foreign Relations and the Subcommittee
on State, Foreign Operations, and Related Programs of the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Subcommittee
on State, Foreign Operations, Related Programs of the Committee
on Appropriations of the House of Representatives.
(3) Principals.--The term ``principals'' means the Assistant
Secretary of State for the Bureau of East Asian and Pacific
Affairs, the Assistant Secretary of State for the Bureau of South
and Central Asian Affairs, and the Assistant Administrator for the
Bureau for Asia of the United States Agency for International
Development.
SEC. 5596. REPORT ON HUMANITARIAN SITUATION AND FOOD SECURITY IN
LEBANON.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and in coordination with the Administrator of the
United States Agency for International Development, shall submit to the
appropriate congressional committees a report that contains an
evaluation of the humanitarian situation in Lebanon, as well as the
impact of the deficit of wheat imports due to Russia's further invasion
of Ukraine, initiated on February 24, 2022.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) The projected increase in malnutrition in Lebanon.
(2) The estimated increase in the number of food insecure
individuals in Lebanon.
(3) The estimated number of individuals who will be faced with
acute malnutrition due to food price inflation in Lebanon.
(4) Actions United States Government allies and partners are
taking to address the matters described in paragraphs (1), (2), and
(3).
(5) The potential impact of food insecurity in Lebanon on
Department of Defense goals and objectives in Lebanon.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in an unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
SEC. 5597. STATEMENT OF POLICY AND REPORT ON ENGAGING WITH NIGER.
(a) Statement of Policy.--It is the policy of the United States
to--
(1) continue to support Niger's efforts to advance democracy,
good governance, human rights, and regional security within its
borders through bilateral assistance and multilateral initiatives;
(2) enhance engagement and cooperation with the Nigerien
Government at all levels as a key component of stabilizing the
Sahel, where frequent coups and other anti-democratic movements,
food insecurity, violent extremism, and armed conflict threaten to
further weaken governments throughout the region; and
(3) work closely with partners and allies throughout the
international community to elevate Niger, which experienced its
first democratic transition of power in 2021, as an example of
transitioning from longstanding military governance and a cycle of
coups to a democratic, civilian-led form of government.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
heads of relevant departments and agencies, shall submit to the
appropriate congressional committees a report on interagency efforts to
enhance United States engagement with Niger as a key component of the
United States Strategy toward the Sahel. Such report shall also include
the following information with respect to the 2 fiscal years preceding
the date of the submission of the report:
(1) A description of United States efforts to promote
democracy, political pluralism, fiscal transparency and other good
governance initiatives, human rights and the rule of law, and a
robust and engaged civil society.
(2) A full, detailed breakdown of United States assistance
provided to help the Nigerien Government develop a comprehensive
national security strategy, including to counter terrorism,
regional and transnational organized crime, intercommunal violence,
and other forms of armed conflict, criminal activity, and other
threats to United States and Nigerien national security.
(3) An analysis of relevant resources at the United States
Embassy in Niamey, including whether staff in place by the end of
the current fiscal year will be sufficient to meet various country
and regional strategic objectives.
(4) An overview of foreign partner support for Niger's
intelligence and security sector.
(5) A detailed description of United States and international
efforts to address food insecurity in Niger, including that which
is caused by deforestation, desertification, and other climate
change-related issues.
(6) A breakdown of United States funds obligated for
humanitarian assistance in Niger, and an analysis of how the
security situation in Niger has affected humanitarian operations
and diplomatic engagement throughout the country.
(7) An assessment of foreign malign influence in Niger, with a
specific focus on the People's Republic of China, the Russian
Federation, and their proxies.
(c) Form.--The report required by subsection (b) shall be submitted
in unclassified form, and may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 5598. REPORT ON BILATERAL SECURITY AND LAW ENFORCEMENT COOPERATION
WITH MEXICO.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report that includes the following:
(1) A description of past and current bilateral security and
law enforcement cooperation with Mexico, including through United
States Northern Command, the Department of Homeland Security, the
Department of Justice (including the Drug Enforcement
Administration), and the Department of State (including the Bureau
of International Narcotics and Law Enforcement Affairs), including
over the preceding 10 years.
(2) A summary of efforts of the Government of Mexico to reduce
impunity and strengthen judicial processes for violent crimes and
cartels across Mexico and along the United States-Mexico border.
(3) A description and mapping of increasing cartel control over
Mexican territory and its impacts on United States national
security.
(4) An assessment of any changes in Mexico's electoral and
democratic institutions, including their ability to ensure
accountability for human rights violations, and its impacts on
national security.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex. The
unclassified portion of such report shall be published on a publicly
available website of the Federal government.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations, the Select Committee on
Intelligence, the Committee on Homeland Security and Governmental
Affairs, and the Committee on the Judiciary of the Senate; and
(3) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, the Committee on Homeland Security, and
the Committee on the Judiciary of the House of Representatives.
SEC. 5599. REPORT ON CHINESE SUPPORT TO RUSSIA WITH RESPECT TO ITS
UNPROVOKED INVASION OF AND FULL-SCALE WAR AGAINST UKRAINE.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and every 90 days thereafter until the sunset
specified in subsection (d), the Secretary of State, in consultation
with the Secretary of Commerce and the Director of National
Intelligence as appropriate, shall submit to the appropriate
congressional committees a report on whether and how the People's
Republic of China (PRC), including the Government of the PRC, the
Chinese Communist Party, any PRC state-owned enterprise, and any other
PRC entity, has provided support to the Russian Federation with respect
to its unprovoked invasion of and full-scale war against Ukraine.
(b) Matters to Be Included.--The report required by subsection (a)
shall include a discussion of the support provided by the PRC to the
Russian Federation with respect to--
(1) helping the Government of Russia or Russian entities evade
or circumvent United States sanctions or multilateral sanctions and
export controls;
(2) deliberately inhibiting on-site United States Government
export control end-use checks, including interviews and
investigations, in the PRC;
(3) providing Russia with any technology, including
semiconductors classified as EAR99, that supports Russian
intelligence or military capabilities;
(4) establishing economic or financial arrangements that will
have the effect of alleviating the impact of United States
sanctions or multilateral sanctions;
(5) furthering Russia's disinformation and propaganda efforts;
(6) coordinating to hinder the response of multilateral
organizations, including the United Nations, to provide assistance
to the people or Government of Ukraine, to condemn Russia's war, to
hold Russia accountable for the invasion and its prosecution of the
war, or to hold those complicit accountable; and
(7) providing any material, technical, or logistical support,
including to Russian military or intelligence agencies and state-
owned or state-linked enterprises.
(c) Form.--
(1) In general.--The report required by subsection (a) shall be
submitted in unclassified form and published on a publicly
available website of the Department of State.
(2) Exception.--If the Secretary, in consultation with the
Director of National Intelligence, certifies to the appropriate
congressional committees that the Secretary is unable to include an
element required under any of paragraphs (1) through (7) of
subsection (b) in an unclassified manner, the Secretary shall
provide in unclassified form an affirmative or negative
determination with respect to whether the People's Republic of
China is supporting the Russian Federation in the manner described
in each applicable such paragraph and concurrently provide the
discussion of that element to the appropriate congressional
committees at the lowest possible classification level, consistent
with the protection of sources and methods.
(d) Sunset.--The requirement to submit the report under subsection
(a) shall terminate on the earlier of--
(1) the date on which the Secretary of State determines the
conflict in Ukraine has ended; or
(2) the date that is 2 years after the date of the enactment of
this Act.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Select Committee on
Intelligence of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on Ways and
Means, and the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 5599A. FEASIBILITY STUDY ON UNITED STATES SUPPORT FOR AND
PARTICIPATION IN THE INTERNATIONAL COUNTERTERRORISM ACADEMY IN COTE
D'IVOIRE.
(a) Statement of Policy.--It is the policy of the United States to
partner with West African governments where possible to mitigate and
counter growing regional insecurity resulting from the spread of armed
conflict and terrorism, including by providing assistance to train,
equip, and mentor West African security services to counter threats to
regional and national security through a whole-of-government approach.
(b) Feasibility Study.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in consultation with
the Secretary of Defense, shall conduct a feasibility study regarding
the provision of United States assistance for infrastructure, training,
equipment, and other forms of support to institutionalize the
International Counterterrorism Academy (Academie Internationale de
Lutte Contre le Terrorisme or AILCT) in Jacqueville, Cote d'Ivoire
that--
(1) provides a legal analysis of existing authorities to
provide United States foreign assistance dedicated to the
development and establishment of AILCT programs, initiatives, and
infrastructure for the purposes of training, equipping, and
mentoring eligible West African security services bilaterally or in
coordination with partners and allies;
(2) identifies opportunities for the United States to leverage
and support the AILCT facility to pursue national security
interests in West Africa, the Sahel, sub-Saharan Africa, and the
strategic Atlantic Ocean coastal and maritime environments,
including through training and research activities, infrastructure
development, combatting transnational terrorist and organized crime
threats, and countering foreign malign influence throughout the
region; and
(3) assesses any planned and pledged contributions from other
countries to ensure appropriate sustainment of the facilities and
burden sharing.
(c) Forms.--The feasibility study required by subsection (b) shall
be submitted in unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on Armed
Services, and the Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives.
SEC. 5599B. CONSULTATIONS ON REUNITING KOREAN AMERICANS WITH FAMILY
MEMBERS IN NORTH KOREA.
(a) Consultations.--
(1) Consultations with south korea.--The Secretary of State, or
a designee of the Secretary, should consult with officials of South
Korea, as appropriate, on potential opportunities to reunite Korean
American families with family members in North Korea from which
such Korean American families were divided after the signing of the
Korean War Armistice Agreement, including potential opportunities
for video reunions for Korean Americans with such family members.
(2) Consultations with korean americans.--The Special Envoy on
North Korean Human Rights Issues of the Department of State should
regularly consult with representatives of Korean Americans who have
family members in North Korea with respect to efforts to reunite
families divided after the signing of the Korean War Armistice
Agreement, including potential opportunities for video reunions for
Korean Americans with such family members.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter for three years, the
Secretary of State, acting through the Special Envoy on North Korean
Human Rights Issues or other appropriate designee, shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the
consultations conducted pursuant to this section during the preceding
year.
Subtitle I--Sense of Congress Provisions
SEC. 5599C. SENSE OF CONGRESS REGARDING THE STATUS OF CHINA.
It is the sense of Congress that--
(1) the People's Republic of China is a fully industrialized
nation and no longer a developing nation; and
(2) any international agreement that provides or accords China
a favorable status or treatment as a ``developing nation'' should
be updated to reflect the status of China.
SEC. 5599D. SENSE OF CONGRESS REGARDING ISRAEL.
It is the sense of Congress that--
(1) since 1948, Israel has been one of the strongest friends
and allies of the United States;
(2) Israel is a stable, democratic country in a region often
marred by turmoil;
(3) it is essential to the strategic interest of the United
States to continue to offer security assistance and related support
to Israel; and
(4) such assistance and support is especially vital as Israel
confronts a number of potential challenges at the present time,
including continuing threats from Iran.
SEC. 5599E. SENSE OF CONGRESS RELATING TO THE NATO PARLIAMENTARY
ASSEMBLY.
It is the sense of Congress that the United States should--
(1) proactively engage with the North Atlantic Treaty
Organization (NATO) Parliamentary Assembly (PA) and its member
delegations;
(2) communicate with and educate the public on the benefits and
importance of NATO and NATO PA; and
(3) support increased inter-democracy and inter-parliamentary
cooperation on countering misinformation and disinformation.
SEC. 5599F. CONDEMNING DETENTION AND INDICTMENT OF RUSSIAN OPPOSITION
LEADER VLADIMIR VLADIMIROVICH KARA-MURZA.
(a) Findings.--Congress finds the following:
(1) Vladimir Vladimirovich Kara-Murza (referred to in this
section as ``Mr. Kara-Murza'') has tirelessly worked for decades to
advance the cause of freedom, democracy, and human rights for the
people of the Russian Federation.
(2) In retaliation for his advocacy, two attempts have been
made on Mr. Kara-Murza's life, as--
(A) on May 26, 2015, Mr. Kara-Murza fell ill with symptoms
indicative of poisoning and was hospitalized; and
(B) on February 2, 2017, he fell ill with similar symptoms
and was placed in a medically induced coma.
(3) Independent investigations conducted by Bellingcat, the
Insider, and Der Spiegel found that the same unit of the Federal
Security Service of the Russian Federation responsible for
poisoning Mr. Kara-Murza was responsible for poisoning Russian
opposition leader Alexei Navalny and activists Timur Kuashev,
Ruslan Magomedragimov, and Nikita Isayev.
(4) On February 24, 2022, Vladimir Putin launched another
unprovoked, unjustified, and illegal invasion into Ukraine in
contravention of the obligations freely undertaken by the Russian
Federation to respect the territorial integrity of Ukraine under
the Budapest Memorandum of 1994, the Minsk protocols of 2014 and
2015, and international law.
(5) On March 5, 2022, Vladimir Putin signed a law criminalizing
the distribution of truthful statements about the invasion of
Ukraine by the Russian Federation and mandating up to 15 years in
prison for such offenses.
(6) Since February 24, 2022, Mr. Kara-Murza has used his voice
and platform to join more than 15,000 citizens of the Russian
Federation in peacefully protesting the war against Ukraine and
millions more who silently oppose the war.
(7) On April 11, 2022, five police officers arrested Mr. Kara-
Murza in front of his home and denied his right to an attorney, and
the next day Mr. Kara-Murza was sentenced to 15 days in prison for
disobeying a police order.
(8) On April 22, 2022, the Investigative Committee of the
Russian Federation charged Mr. Kara-Murza with violations under the
law signed on March 5, 2022, for his fact-based statements
condemning the invasion of Ukraine by the Russian Federation.
(9) Mr. Kara-Murza was then placed into pretrial detention and
ordered to be held until at least June 12, 2022.
(10) If convicted of those charges, Mr. Kara-Murza faces
detention in a penitentiary system that human rights
nongovernmental organizations have criticized for widespread
torture, ill-treatment, and suspicious deaths of prisoners.
(b) Sense of Congress.--It is the sense of Congress that Congress--
(1) condemns the unjust detention and indicting of Russian
opposition leader Vladimir Vladimirovich Kara-Murza, who has
courageously stood up to oppression in the Russian Federation;
(2) expresses solidarity with Vladimir Vladimirovich Kara-
Murza, his family, and all individuals in the Russian Federation
imprisoned for exercising their fundamental freedoms of speech,
assembly, and belief;
(3) urges the United States Government and other allied
governments to work to secure the immediate release of Vladimir
Vladimirovich Kara-Murza, Alexei Navalny, and other citizens of the
Russian Federation imprisoned for opposing the regime of Vladimir
Putin and the war against Ukraine; and
(4) calls on the President to increase support provided by the
United States Government for those advocating for democracy and
independent media in the Russian Federation, which Vladimir
Vladimirovich Kara-Murza has worked to advance.
SEC. 5599G. SENSE OF CONGRESS REGARDING DEVELOPMENT OF NUCLEAR WEAPONS
BY IRAN.
Congress--
(1) reiterates its commitment to ensuring Iran will never
acquire a nuclear weapon;
(2) supports the important work of the International Atomic
Energy Agency (IAEA) in safeguarding nuclear material around the
globe;
(3) condemns Iran for its lack of transparency and meaningful
cooperation with the IAEA on the unresolved matter of uranium
particles discovered at undeclared sites in Iran and additional
escalatory actions related to its nuclear program; and
(4) applauds the IAEA Board of Governors' resolution urging
Iran's full cooperation with the IAEA on outstanding safeguards
issues on an urgent basis.
TITLE LVI--TRANSPORTATION AND INFRASTRUCTURE
Sec. 5601. Designation of small State and rural advocate.
Sec. 5602. Flexibility.
Sec. 5603. Preliminary damage assessment.
Sec. 5604. Letter of deviation authority.
Sec. 5605. Recognizing FEMA support.
SEC. 5601. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
(a) In General.--Section 326(c) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5165d) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) assist States in the collection and presentation of
material in the disaster or emergency declaration request relevant
to demonstrate severe localized impacts within the State for a
specific incident, including--
``(A) the per capita personal income by local area, as
calculated by the Bureau of Economic Analysis;
``(B) the disaster impacted population profile, as reported
by the Bureau of the Census, including--
``(i) the percentage of the population for whom poverty
status is determined;
``(ii) the percentage of the population already
receiving Government assistance such as Supplemental
Security Income and Supplemental Nutrition Assistance
Program benefits;
``(iii) the pre-disaster unemployment rate;
``(iv) the percentage of the population that is 65
years old and older;
``(v) the percentage of the population 18 years old and
younger;
``(vi) the percentage of the population with a
disability;
``(vii) the percentage of the population who speak a
language other than English and speak English less than
`very well'; and
``(viii) any unique considerations regarding American
Indian and Alaskan Native Tribal populations raised in the
State's request for a major disaster declaration that may
not be reflected in the data points referenced in this
subparagraph;
``(C) the impact to community infrastructure, including--
``(i) disruptions to community life-saving and life-
sustaining services;
``(ii) disruptions or increased demand for essential
community services; and
``(iii) disruptions to transportation, infrastructure,
and utilities; and
``(D) any other information relevant to demonstrate severe
local impacts; and''.
(b) GAO Review of a Final Rule.--
(1) In general.--The Comptroller General of the United States
shall conduct a review of the Federal Emergency Management Agency's
implementation of its final rule, published on March 21, 2019,
amending section 206.48(b) of title 44, Code of Federal Regulations
(regarding factors considered when evaluating a Governor's request
for a major disaster declaration), which revised the factors that
the Agency considers when evaluating a Governor's request for a
major disaster declaration authorizing individual assistance under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq).
(2) Scope.--The review required under paragraph (1) shall
include the following:
(A) An assessment of the criteria used by the Agency to
assess individual assistance requests following a major
disaster declaration authorizing individual assistance.
(B) An assessment of the consistency with which the Agency
uses the updated Individual Assistance Declaration Factors when
assessing the impact of individual communities after a major
disaster declaration.
(C) An assessment of the impact, if any, of using the
updated Individual Assistance Declaration Factors has had on
equity in disaster recovery outcomes.
(D) Recommendations to improve the use of the Individual
Assistance Declaration Factors to increase equity in disaster
recovery outcomes.
(3) Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the review required
under this section.
SEC. 5602. FLEXIBILITY.
(a) In General.--Section 1216(a) of the Disaster Recovery Reform
Act of 2018 (42 U.S.C. 5174a(a)) is amended--
(1) by amending paragraph (2)(A) to read as follows:
``(A) except as provided in subparagraph (B), shall--
``(i) waive a debt owed to the United States related to
covered assistance provided to an individual or household
if the covered assistance was distributed based on an error
by the Agency and such debt shall be construed as a
hardship; and
``(ii) waive a debt owed to the United States related
to covered assistance provided to an individual or
household if such assistance is subject to a claim or legal
action, including in accordance with section of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5160); and''; and
(2) in paragraph (3)(B)--
(A) by striking ``Removal of'' and inserting ``Report on'';
and
(B) in clause (ii) by striking ``the authority of the
Administrator to waive debt under paragraph (2) shall no longer
be effective'' and inserting ``the Administrator shall report
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate actions that the
Administrator will take to reduce the error rate''.
(b) Report to Congress.--The Administrator of the Federal Emergency
Management Agency shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
containing a description of the internal processes used to make
decisions regarding the distribution of covered assistance under
section 1216 of the Disaster Recovery and Reform Act of 2018 (42 U.S.C.
a) and any changes made to such processes.
SEC. 5603. PRELIMINARY DAMAGE ASSESSMENT.
(a) Findings.--Congress finds the following:
(1) Preliminary damage assessments play a critical role in
assessing and validating the impact and magnitude of a disaster.
(2) Through the preliminary damage assessment process,
representatives from the Federal Emergency Management Agency
validate information gathered by State and local officials that
serves as the basis for disaster assistance requests.
(3) Various factors can impact the duration of a preliminary
damage assessment and the corresponding submission of a major
disaster request, however, the average time between when a disaster
occurs, and the submission of a corresponding disaster request has
been found to be approximately twenty days longer for flooding
disasters.
(4) With communities across the country facing increased
instances of catastrophic flooding and other extreme weather
events, accurate and efficient preliminary damage assessments have
become critically important to the relief process for impacted
States and municipalities.
(b) Report to Congress.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall submit to Congress a report describing the
preliminary damage assessment process, as supported by the Federal
Emergency Management Agency in the 5 years before the date of
enactment of this Act.
(2) Contents.--The report described in paragraph (1) shall
contain the following:
(A) The process of the Federal Emergency Management Agency
for deploying personnel to support preliminary damage
assessments.
(B) The number of Agency staff participating on disaster
assessment teams.
(C) The training and experience of such staff described in
subparagraph (B).
(D) A calculation of the average amount of time disaster
assessment teams described in subparagraph (A) are deployed to
a disaster area.
(E) The efforts of the Agency to maintain a consistent
liaison between the Agency and State, local, tribal, and
territorial officials within a disaster area.
(c) Preliminary Damage Assessment.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall convene an advisory panel consisting of
emergency management personnel employed by State, local,
territorial, or tribal authorities, and the representative
organizations of such personnel to assist the Agency in improving
critical components of the preliminary damage assessment process.
(2) Membership.--
(A) In general.--This advisory panel shall consist of at
least 2 representatives from national emergency management
organizations and at least 1 representative from each of the 10
regions of the Federal Emergency Management Agency, selected
from emergency management personnel employed by State, local,
territorial, or tribal authorities within each region.
(B) Inclusion on panel.--To the furthest extent
practicable, representation on the advisory panel shall include
emergency management personnel from both rural and urban
jurisdictions.
(3) Considerations.--The advisory panel convened under
paragraph (1) shall--
(A) consider--
(i) establishing a training regime to ensure
preliminary damage assessments are conducted and reviewed
under consistent guidelines;
(ii) utilizing a common technological platform to
integrate data collected by State and local governments
with data collected by the Agency; and
(iii) assessing instruction materials provided by the
Agency for omissions of pertinent information or language
that conflicts with other statutory requirements; and
(B) identify opportunities for streamlining the
consideration of preliminary damage assessments by the Agency,
including eliminating duplicative paperwork requirements and
ensuring consistent communication and decision making among
Agency staff.
(4) Interim report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to Congress a
report regarding the findings of the advisory panel, steps that
will be undertaken by the Agency to implement the findings of the
advisory panel, and additional legislation that may be necessary to
implement the findings of the advisory panel.
(5) Rulemaking and final report.--Not later than 2 years after
the date of enactment of this Act, the Administrator shall issue
such regulations as are necessary to implement the recommendations
of the advisory panel and submit to Congress a report discussing--
(A) the implementation of recommendations from the advisory
panel;
(B) the identification of any additional challenges to the
preliminary damage assessment process, including whether
specific disasters result in longer preliminary damage
assessments; and
(C) any additional legislative recommendations necessary to
improve the preliminary damage assessment process.
SEC. 5604. LETTER OF DEVIATION AUTHORITY.
A flight instructor, registered owner, lessor, or lessee of an
aircraft shall not be required to obtain a letter of deviation
authority from the Administrator of the Federal Aviation Administration
to allow, conduct or receive flight training, checking, and testing in
an experimental aircraft if--
(1) the flight instructor is not providing both the training
and the aircraft;
(2) no person advertises or broadly offers the aircraft as
available for flight training, checking, or testing; and
(3) no person receives compensation for use of the aircraft for
a specific flight during which flight training, checking, or
testing was received, other than expenses for owning, operating,
and maintaining the aircraft.
SEC. 5605. RECOGNIZING FEMA SUPPORT.
Congress finds the following:
(1) The Federal Emergency Management Agency provides vital
support to communities and disaster survivors in the aftermath of
major disasters, including housing assistance for individuals and
families displaced from their homes.
(2) The Federal Emergency Management Agency should be
encouraged to study the idea integrating collapsible shelters for
appropriate non-congregate sheltering needs into the disaster
preparedness stockpile.
TITLE LVII--FINANCIAL SERVICES MATTERS
TITLE LVII--FINANCIAL SERVICES MATTERS
Sec. 5701. United States policy on World Bank Group and Asian
Development Bank assistance to the People's Republic of China.
Sec. 5702. Support for international initiatives to provide debt
restructuring or relief to developing countries with
unsustainable levels of debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
SEC. 5701. UNITED STATES POLICY ON WORLD BANK GROUP AND ASIAN
DEVELOPMENT BANK ASSISTANCE TO THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the
end the following:
``SEC. 1632. UNITED STATES POLICY ON WORLD BANK GROUP AND ASIAN
DEVELOPMENT BANK ASSISTANCE TO THE PEOPLE'S REPUBLIC OF CHINA.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director at each international financial
institution of the World Bank Group and at the Asian Development Bank
to use the voice and vote of the United States at the respective
institution to vote against the provision of any loan, extension of
financial assistance, or technical assistance to the People's Republic
of China unless the Secretary of the Treasury has certified to the
appropriate congressional committees that--
``(1) the Government of the People's Republic of China and any
lender owned or controlled by the Government of the People's
Republic of China have demonstrated a commitment--
``(A) to the rules and principles of the Paris Club, or of
other similar coordinated multilateral initiatives on debt
relief and debt restructuring in which the United States
participates, including with respect to debt transparency and
appropriate burden-sharing among all creditors;
``(B) to the practice of presumptive public disclosure of
the terms and conditions on which they extend credit to other
governments (without regard to the form of any such extension
of credit);
``(C) not to enforce any agreement terms that may impair
their own or the borrowers' capacity fully to implement any
commitment described in subparagraph (A) or (B); and
``(D) not to enter into any agreement containing terms that
may impair their own or the borrowers' capacity fully to
implement any commitment described in subparagraph (A) or (B);
or
``(2) the loan or assistance is important to the national
interest of the United States, as described in a detailed
explanation by the Secretary to accompany the certification.
``(b) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate.
``(2) World bank group.--The term `World Bank Group' means the
International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, and the Multilateral Investment Guarantee Agency.''.
(b) Sunset.--The amendment made by subsection (a) is repealed
effective on the date that is 7 years after the effective date of this
section.
SEC. 5702. SUPPORT FOR INTERNATIONAL INITIATIVES TO PROVIDE DEBT
RESTRUCTURING OR RELIEF TO DEVELOPING COUNTRIES WITH UNSUSTAINABLE
LEVELS OF DEBT.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.), as amended by section 5701,
is further amended by adding at the end the following:
``SEC. 1633. SUPPORT FOR INTERNATIONAL INITIATIVES TO PROVIDE DEBT
RESTRUCTURING OR RELIEF TO DEVELOPING COUNTRIES WITH UNSUSTAINABLE
LEVELS OF DEBT.
``(a) Debt Relief.--The Secretary of the Treasury, in consultation
with the Secretary of State, shall--
``(1) engage with international financial institutions, the
G20, and official and commercial creditors to advance support for
prompt and effective implementation and improvement of the Common
Framework for Debt Treatments beyond the DSSI (in this section
referred to as the `Common Framework'), or any successor framework
or similar coordinated international debt treatment process in
which the United States participates through the establishment and
publication of clear and accountable--
``(A) debt treatment benchmarks designed to achieve debt
sustainability for each participating debtor;
``(B) standards for appropriate burden-sharing among all
creditors with material claims on each participating debtor,
without regard for their official, private, or hybrid status;
``(C) robust debt disclosure by creditors, including the
People's Republic of China, and debtor countries, including
inter-creditor data-sharing and, to the maximum extent
practicable, public disclosure of material terms and conditions
of claims on participating debtors;
``(D) expansion of Common Framework country eligibility to
lower middle-income countries who otherwise meet the existing
criteria;
``(E) improvements to the Common Framework process with the
aim of ensuring access to debt relief in a timely manner for
those countries eligible and who request treatment; and
``(F) consistent enforcement and improvement of the
policies of multilateral institutions relating to asset-based
and revenue-based borrowing by participating debtors, and
coordinated standards on restructuring collateralized debt;
``(2) engage with international financial institutions and
official and commercial creditors to advance support, as the
Secretary finds appropriate, for debt restructuring or debt relief
for each participating debtor, including, on a case-by- case basis,
a debt standstill, if requested by the debtor country through the
Common Framework process from the time of conclusion of a staff-
level agreement with the International Monetary Fund, and until the
conclusion of a memorandum of understanding with its creditor
committee pursuant to the Common Framework, or any successor
framework or similar coordinated international debt treatment
process in which the United States participates; and
``(3) instruct the United States Executive Director at the
International Monetary Fund and the United States Executive
Director at the World Bank to use the voice and vote of the United
States to advance the efforts described in paragraphs (1) and (2).
``(b) Reporting Requirement.--Not later than 120 days after the
date of the enactment of this section, and annually thereafter, the
Secretary of the Treasury, in coordination with the Secretary of State,
shall submit to the Committees on Banking, Housing, and Urban Affairs
and Foreign Relations of the Senate and the Committees on Financial
Services and Foreign Affairs of the House of Representatives a report
that describes--
``(1) any actions that have been taken, in coordination with
international financial institutions, by official creditors,
including the government of, and state-owned enterprises in, the
People's Republic of China, and relevant commercial creditor groups
to advance debt restructuring or relief for countries with
unsustainable debt that have sought restructuring or relief under
the Common Framework, any successor framework or mechanism, or
under any other coordinated international arrangement for sovereign
debt restructuring in which the United States participates;
``(2) any implementation challenges that hinder the ability of
the Common Framework to provide timely debt restructuring for any
country with unsustainable debt that seeks debt restructuring or
debt payment relief, including any refusal of a creditor to
participate in appropriate burden-sharing, including failure to
share (or publish, as appropriate) all material information needed
to assess debt sustainability; and
``(3) recommendations on how to address any challenges
identified in paragraph (2).''.
(b) Sunset.--The amendment made by subsection (a) is repealed
effective on the date that is 5 years after the effective date of this
section.
SEC. 5703. UKRAINE DEBT PAYMENT RELIEF.
(a) Suspension of Multilateral Debt Payments of Ukraine.--
(1) United states position in the international financial
institutions.--The Secretary of the Treasury shall instruct the
United States Executive Director at each international financial
institution (as defined in section 1701(c)(2) of the International
Financial Institutions Act) to use the voice, vote, and influence
of the United States to advocate that the respective institution
immediately provide appropriate debt service relief to Ukraine.
(2) Official bilateral and commercial debt service payment
relief.--The Secretary of the Treasury, working in coordination
with the Secretary of State, shall commence immediate efforts with
other governments and commercial creditor groups, through the Paris
Club of Official Creditors and other bilateral and multilateral
frameworks, both formal and informal, to pursue comprehensive debt
payment relief for Ukraine.
(3) Multilateral financial support for ukraine.--The Secretary
of the Treasury shall direct the United States Executive Director
at each international financial institution (as defined in section
1701(c)(2) of the International Financial Institutions Act) to use
the voice and vote of the United States to support, to the extent
practicable, the provision of concessional financial assistance for
Ukraine.
(4) Multilateral financial support for refugees.--The Secretary
of the Treasury shall direct the United States Executive Director
at each international financial institution (as defined in section
1701(c)(2) of the International Financial Institutions Act) to use
the voice and vote of the United States to seek to provide economic
support for refugees from Ukraine, including refugees of African
and Asian descent, and for countries receiving refugees from
Ukraine that are eligible for assistance from the multilateral
development banks.
(b) Report to the Congress.--Not later than December 31 of each
year, the President shall--
(1) submit to the Committees on Financial Services, on
Appropriations, and on Foreign Affairs of the House of
Representatives and the Committees on Foreign Relations and on
Appropriations of the Senate, a report on the activities undertaken
under this section; and
(2) make public a copy of the report.
(c) Waiver and Termination.--
(1) Waiver.--The President may waive the application of this
section if the President determines that a waiver is in the
national interest of the United States and reports to the Congress
an explanation of the reasons therefor.
(2) Termination.--This section shall have no force or effect on
the earlier of--
(A) the date that is 7 years after the date of the
enactment of this Act; or
(B) the date that is 30 days after the date on which the
President reports to Congress that the Government of the
Russian Federation has ceased its destabilizing activities with
respect to the sovereignty and territorial integrity of
Ukraine.
SEC. 5704. ISOLATE RUSSIAN GOVERNMENT OFFICIALS ACT OF 2022.
(a) Statement of Policy.--It is the policy of the United States to
seek to exclude government officials of the Russian Federation, to the
maximum extent practicable, from participation in meetings,
proceedings, and other activities of the following organizations:
(1) Group of 20.
(2) Bank for International Settlements.
(3) Basel Committee for Banking Standards.
(4) Financial Stability Board.
(5) International Association of Insurance Supervisors.
(6) International Organization of Securities Commissions.
(b) Implementation.--The Secretary of the Treasury, the Board of
Governors of the Federal Reserve System, and the Securities and
Exchange Commission, as the case may be, shall take all necessary steps
to advance the policy set forth in subsection (a).
(c) Termination.--This section shall have no force or effect on the
earlier of--
(1) the date that is 5 years after the date of the enactment of
this Act; or
(2) the date that is 30 days after the date on which the
President reports to Congress that the Government of the Russian
Federation has ceased its destabilizing activities with respect to
the sovereignty and territorial integrity of Ukraine.
(d) Waiver.--The President may waive the application of this
section if the President reports to the Congress that the waiver is in
the national interest of the United States and includes an explanation
of the reasons therefor.
SEC. 5705. FAIR HIRING IN BANKING.
(a) Federal Deposit Insurance Act.--Section 19 of the Federal
Deposit Insurance Act (12 U.S.C. 1829) is amended--
(1) by inserting after subsection (b) the following:
``(c) Exceptions.--
``(1) Certain older offenses.--
``(A) In general.--With respect to an individual,
subsection (a) shall not apply to an offense if--
``(i) it has been 7 years or more since the offense
occurred; or
``(ii) the individual was incarcerated with respect to
the offense and it has been 5 years or more since the
individual was released from incarceration.
``(B) Offenses committed by individuals 21 or younger.--For
individuals who committed an offense when they were 21 years of
age or younger, subsection (a) shall not apply to the offense
if it has been more than 30 months since the sentencing
occurred.
``(C) Limitation.--This paragraph shall not apply to an
offense described under subsection (a)(2).
``(2) Expungement and sealing.--With respect to an individual,
subsection (a) shall not apply to an offense if--
``(A) there is an order of expungement, sealing, or
dismissal that has been issued in regard to the conviction in
connection with such offense; and
``(B) it is intended by the language in the order itself,
or in the legislative provisions under which the order was
issued, that the conviction shall be destroyed or sealed from
the individual's State, Tribal, or Federal record, even if
exceptions allow the record to be considered for certain
character and fitness evaluation purposes.
``(3) De minimis exemption.--
``(A) In general.--Subsection (a) shall not apply to such
de minimis offenses as the Corporation determines, by rule.
``(B) Confinement criteria.--In issuing rules under
subparagraph (A), the Corporation shall include a requirement
that the offense was punishable by a term of three years or
less confined in a correctional facility, where such
confinement--
``(i) is calculated based on the time an individual
spent incarcerated as a punishment or a sanction, not as
pretrial detention; and
``(ii) does not include probation or parole where an
individual was restricted to a particular jurisdiction or
was required to report occasionally to an individual or a
specific location.
``(C) Bad check criteria.--In setting the criteria for de
minimis offenses under subparagraph (A), if the Corporation
establishes criteria with respect to insufficient funds checks,
the Corporation shall require that the aggregate total face
value of all insufficient funds checks across all convictions
or program entries related to insufficient funds checks is
$2,000 or less.
``(D) Designated lesser offenses.--Subsection (a) shall not
apply to certain lesser offenses (including the use of a fake
ID, shoplifting, trespass, fare evasion, driving with an
expired license or tag, and such other low-risk offenses as the
Corporation may designate) if 1 year or more has passed since
the applicable conviction or program entry.''; and
(2) by adding at the end the following:
``(f) Consent Applications.--
``(1) In general.--The Corporation shall accept consent
applications from an individual and from an insured depository
institution or depository institution holding company on behalf of
an individual that are filed separately or contemporaneously with a
regional office of the Corporation.
``(2) Sponsored applications filed with regional offices.--
Consent applications filed at a regional office of the Corporation
by an insured depository institution or depository institution
holding company on behalf of an individual--
``(A) shall be reviewed by such office;
``(B) may be approved or denied by such office, if such
authority has been delegated to such office by the Corporation;
and
``(C) may only be denied by such office if the general
counsel of the Corporation (or a designee) certifies that the
denial is consistent with this section.
``(3) Individual applications filed with regional offices.--
Consent applications filed at a regional office by an individual--
``(A) shall be reviewed by such office; and
``(B) may be approved or denied by such office, if such
authority has been delegated to such office by the Corporation,
except with respect to--
``(i) cases involving an offense described under
subsection (a)(2); and
``(ii) such other high-level security cases as may be
designated by the Corporation.
``(4) National office review.--The national office of the
Corporation shall--
``(A) review any consent application with respect to which
a regional office is not authorized to approve or deny the
application; and
``(B) review any consent application that is denied by a
regional office, if the individual requests a review by the
national office.
``(5) Forms and instructions.--
``(A) Availability.--The Corporation shall make all forms
and instructions related to consent applications available to
the public, including on the website of the Corporation.
``(B) Contents.--The forms and instructions described under
subparagraph (A) shall provide a sample cover letter and a
comprehensive list of items that may accompany the application,
including clear guidance on evidence that may support a finding
of rehabilitation.
``(6) Consideration of criminal history.--
``(A) Regional office consideration.--In reviewing a
consent application, a regional office shall--
``(i) primarily rely on the criminal history record of
the Federal Bureau of Investigation; and
``(ii) provide such record to the applicant to review
for accuracy.
``(B) Certified copies.--The Corporation may not require an
applicant to provide certified copies of criminal history
records unless the Corporation determines that there is a clear
and compelling justification to require additional information
to verify the accuracy of the criminal history record of the
Federal Bureau of Investigation.
``(7) Consideration of rehabilitation.--Consistent with title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the
Corporation shall--
``(A) conduct an individualized assessment when evaluating
consent applications that takes into account evidence of
rehabilitation, the applicant's age at the time of the
conviction or program entry, the time that has elapsed since
conviction or program entry, and the relationship of
individual's offense to the responsibilities of the applicable
position;
``(B) consider the individual's employment history, letters
of recommendation, certificates documenting participation in
substance abuse programs, successful participating in job
preparation and educational programs, and other relevant
mitigating evidence; and
``(C) consider any additional information the Corporation
determines necessary for safety and soundness.
``(8) Scope of employment.--With respect to an approved consent
application filed by an insured depository institution or
depository institution holding company on behalf of an individual,
if the Corporation determines it appropriate, such approved consent
application shall allow the individual to work for the same
employer (without restrictions on the location) and across
positions, except that the prior consent of the Corporation (which
may require a new application) shall be required for any proposed
significant changes in the individual's security-related duties or
responsibilities, such as promotion to an officer or other
positions that the employer determines will require higher security
screening credentials.
``(9) Coordination with the ncua.--In carrying out this
section, the Corporation shall consult and coordinate with the
National Credit Union Administration as needed to promote
consistent implementation where appropriate.
``(g) Definitions.--In this section:
``(1) Consent application.--The term `consent application'
means an application filed with Corporation by an individual (or by
an insured depository institution or depository institution holding
company on behalf of an individual) seeking the written consent of
the Corporation under subsection (a)(1).
``(2) Criminal offense involving dishonesty.--The term
`criminal offense involving dishonesty'--
``(A) means an offense under which an individual, directly
or indirectly--
``(i) cheats or defrauds; or
``(ii) wrongfully takes property belonging to another
in violation of a criminal statute;
``(B) includes an offense that Federal, State, or local law
defines as dishonest, or for which dishonesty is an element of
the offense; and
``(C) does not include--
``(i) a misdemeanor criminal offense committed more
than one year before the date on which an individual files
a consent application, excluding any period of
incarceration; or
``(ii) an offense involving the possession of
controlled substances.
``(3) Pretrial diversion or similar program.--The term
`pretrial diversion or similar program' means a program
characterized by a suspension or eventual dismissal or reversal of
charges or criminal prosecution upon agreement by the accused to
restitution, drug or alcohol rehabilitation, anger management, or
community service.''.
(b) Federal Credit Union Act.--Section 205(d) of the Federal Credit
Union Act (12 U.S.C. 1785(d)) is amended by adding at the end the
following:
``(4) Exceptions.--
``(A) Certain older offenses.--
``(i) In general.--With respect to an individual,
paragraph (1) shall not apply to an offense if--
``(I) it has been 7 years or more since the offense
occurred; or
``(II) the individual was incarcerated with respect
to the offense and it has been 5 years or more since
the individual was released from incarceration.
``(ii) Offenses committed by individuals 21 or
younger.--For individuals who committed an offense when
they were 21 years of age or younger, paragraph (1) shall
not apply to the offense if it has been more than 30 months
since the sentencing occurred.
``(iii) Limitation.--This subparagraph shall not apply
to an offense described under paragraph (1)(B).
``(B) Expungement and sealing.--With respect to an
individual, paragraph (1) shall not apply to an offense if--
``(i) there is an order of expungement, sealing, or
dismissal that has been issued in regard to the conviction
in connection with such offense; and
``(ii) it is intended by the language in the order
itself, or in the legislative provisions under which the
order was issued, that the conviction shall be destroyed or
sealed from the individual's State, Tribal, or Federal
record, even if exceptions allow the record to be
considered for certain character and fitness evaluation
purposes.
``(C) De minimis exemption.--
``(i) In general.--Paragraph (1) shall not apply to
such de minimis offenses as the Board determines, by rule.
``(ii) Confinement criteria.--In issuing rules under
clause (i), the Board shall include a requirement that the
offense was punishable by a term of three years or less
confined in a correctional facility, where such
confinement--
``(I) is calculated based on the time an individual
spent incarcerated as a punishment or a sanction, not
as pretrial detention; and
``(II) does not include probation or parole where
an individual was restricted to a particular
jurisdiction or was required to report occasionally to
an individual or a specific location.
``(iii) Bad check criteria.--In setting the criteria
for de minimis offenses under clause (i), if the Board
establishes criteria with respect to insufficient funds
checks, the Board shall require that the aggregate total
face value of all insufficient funds checks across all
convictions or program entries related to insufficient
funds checks is $2,000 or less.
``(iv) Designated lesser offenses.--Paragraph (1) shall
not apply to certain lesser offenses (including the use of
a fake ID, shoplifting, trespass, fare evasion, driving
with an expired license or tag, and such other low-risk
offenses as the Board may designate) if 1 year or more has
passed since the applicable conviction or program entry.
``(5) Consent applications.--
``(A) In general.--The Board shall accept consent
applications from an individual and from an insured credit
union on behalf of an individual that are filed separately or
contemporaneously with a regional office of the Board.
``(B) Sponsored applications filed with regional offices.--
Consent applications filed at a regional office of the Board by
an insured credit union on behalf of an individual--
``(i) shall be reviewed by such office;
``(ii) may be approved or denied by such office, if
such authority has been delegated to such office by the
Board; and
``(iii) may only be denied by such office if the
general counsel of the Board (or a designee) certifies that
the denial is consistent with this section.
``(C) Individual applications filed with regional
offices.--Consent applications filed at a regional office by an
individual--
``(i) shall be reviewed by such office; and
``(ii) may be approved or denied by such office, if
such authority has been delegated to such office by the
Board, except with respect to--
``(I) cases involving an offense described under
paragraph (1)(B); and
``(II) such other high-level security cases as may
be designated by the Board.
``(D) National office review.--The national office of the
Board shall--
``(i) review any consent application with respect to
which a regional office is not authorized to approve or
deny the application; and
``(ii) review any consent application that is denied by
a regional office, if the individual requests a review by
the national office.
``(E) Forms and instructions.--
``(i) Availability.--The Board shall make all forms and
instructions related to consent applications available to
the public, including on the website of the Board.
``(ii) Contents.--The forms and instructions described
under clause (i) shall provide a sample cover letter and a
comprehensive list of items that may accompany the
application, including clear guidance on evidence that may
support a finding of rehabilitation.
``(F) Consideration of criminal history.--
``(i) Regional office consideration.--In reviewing a
consent application, a regional office shall--
``(I) primarily rely on the criminal history record
of the Federal Bureau of Investigation; and
``(II) provide such record to the applicant to
review for accuracy.
``(ii) Certified copies.--The Board may not require an
applicant to provide certified copies of criminal history
records unless the Board determines that there is a clear
and compelling justification to require additional
information to verify the accuracy of the criminal history
record of the Federal Bureau of Investigation.
``(G) Consideration of rehabilitation.--Consistent with
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.), the Board shall--
``(i) conduct an individualized assessment when
evaluating consent applications that takes into account
evidence of rehabilitation, the applicant's age at the time
of the conviction or program entry, the time that has
elapsed since conviction or program entry, and the
relationship of individual's offense to the
responsibilities of the applicable position;
``(ii) consider the individual's employment history,
letters of recommendation, certificates documenting
participation in substance abuse programs, successful
participating in job preparation and educational programs,
and other relevant mitigating evidence; and
``(iii) consider any additional information the Board
determines necessary for safety and soundness.
``(H) Scope of employment.--With respect to an approved
consent application filed by an insured credit union on behalf
of an individual, if the Board determines it appropriate, such
approved consent application shall allow the individual to work
for the same employer (without restrictions on the location)
and across positions, except that the prior consent of the
Board (which may require a new application) shall be required
for any proposed significant changes in the individual's
security-related duties or responsibilities, such as promotion
to an officer or other positions that the employer determines
will require higher security screening credentials.
``(I) Coordination with fdic.--In carrying out this
subsection, the Board shall consult and coordinate with the
Federal Deposit Insurance Corporation as needed to promote
consistent implementation where appropriate.
``(6) Definitions.--In this subsection:
``(A) Consent application.--The term `consent application'
means an application filed with Board by an individual (or by
an insured credit union on behalf of an individual) seeking the
written consent of the Board under paragraph (1)(A).
``(B) Criminal offense involving dishonesty.--The term
`criminal offense involving dishonesty'--
``(i) means an offense under which an individual,
directly or indirectly--
``(I) cheats or defrauds; or
``(II) wrongfully takes property belonging to
another in violation of a criminal statute;
``(ii) includes an offense that Federal, State, or
local law defines as dishonest, or for which dishonesty is
an element of the offense; and
``(iii) does not include--
``(I) a misdemeanor criminal offense committed more
than one year before the date on which an individual
files a consent application, excluding any period of
incarceration; or
``(II) an offense involving the possession of
controlled substances.
``(C) Pretrial diversion or similar program.--The term
`pretrial diversion or similar program' means a program
characterized by a suspension or eventual dismissal or reversal
of charges or criminal prosecution upon agreement by the
accused to restitution, drug or alcohol rehabilitation, anger
management, or community service.''.
(c) Review and Report to Congress.--Not later than the end of the
2-year period beginning on the date of enactment of this Act, the
Federal Deposit Insurance Corporation and the National Credit Union
Administration shall--
(1) review the rules issued to carry out this Act and the
amendments made by this Act on--
(A) the application of section 19 of the Federal Deposit
Insurance Act (12 U.S.C. 1829) and section 205(d) of the
Federal Credit Union Act (12 U.S.C. 1785(d));
(B) the number of applications for consent applications
under such sections; and
(C) the rates of approval and denial for consent
applications under such sections;
(2) make the results of the review required under paragraph (1)
available to the public; and
(3) issue a report to Congress containing any legislative or
regulatory recommendations for expanding employment opportunities
for those with a previous minor criminal offense.
SEC. 5706. BANKING TRANSPARENCY FOR SANCTIONED PERSONS ACT OF 2022.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary of the
Treasury shall issue a report to the Committees on Financial Services
and Foreign Affairs of the House of Representatives and the Committees
on Banking, Housing, and Urban Affairs and Foreign Relations of the
Senate that includes a list of specific licenses issued by the
Secretary in the preceding 365 days that authorizes a U.S. financial
institution (as defined under section 561.309 of title 31, Code of
Federal Regulations) to provide financial services to any of the
following:
(1) The government of a state sponsor of terrorism.
(2) A person sanctioned pursuant to any of the following:
(A) Section 404 of the Russia and Moldova Jackson-Vanik
Repeal and Sergei Magnitsky Rule of Law Accountability Act of
2012 (Public Law 112-208).
(B) Subtitle F of title XII of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328, the
Global Magnitsky Human Rights Accountability Act).
(C) Executive Order No. 13818.
(b) Submission of Copies of Licenses on Request.--The Secretary of
the Treasury shall expeditiously provide a copy of any license
identified in a report required by subsection (a) to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate if an appropriate
Member of Congress requests a copy of that license not later than 60
days after submission of the report.
(c) Business Confidential Information.--
(1) In general.--The Secretary of the Treasury shall, in the
report under subsection (a) and any submissions under subsection
(b), identify any proprietary information submitted by any private
sector representative and mark such information as ``business
confidential information''.
(2) Treatment as trade secrets.--Business confidential
information described under paragraph (1) shall be considered to be
a matter falling within the meaning of trade secrets and commercial
or financial information exemption under section 552(b)(4) of title
5, United States Code, and shall be exempt from disclosure under
such section 552 of such title without the express approval of the
private party.
(d) Authorization of Appropriations.--For the purpose of carrying
out the activities authorized under this section, there is authorized
to be appropriated to the Secretary of the Treasury $1,000,000.
(e) Sunset.--The section shall cease to have any force or effect
after the end of the 5-year period beginning on the date of enactment
of this Act.
(f) Form of Report and Submissions.--A report or submission
required under this section shall be submitted in unclassified form but
may contain a classified annex.
(g) Appropriate Member of Congress Defined.--In this section, the
term ``appropriate Member of Congress'' has the meaning given that term
under section 7132(d) of the National Defense Authorization Act for
Fiscal Year 2020.
SEC. 5707. FLEXIBILITY IN ADDRESSING RURAL HOMELESSNESS.
Subsection (a) of section 423 of subtitle C of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11383(a)) is amended
by adding at the end the following:
``(13) Projects in rural areas that consist of one or more of
the following activities:
``(A) Payment of short-term emergency lodging, including in
motels or shelters, directly or through vouchers.
``(B) Repairs to units--
``(i) in which homeless individuals and families will
be housed; or
``(ii) which are currently not fit for human
habitation.
``(C) Staff training, professional development, skill
development, and staff retention activities.''.
SEC. 5708. MASTER ACCOUNT AND SERVICES DATABASE.
The Federal Reserve Act is amended by inserting after section 11B
(12 U.S.C. 248b et seq.) the following:
``SEC. 11C. MASTER ACCOUNT AND SERVICES DATABASE.
``(a) Definitions.--In this section:
``(1) Access request.--The term `access request' means a
request to a Federal reserve bank for access to a reserve bank
master account and services, including any written documentation or
formal indication that an entity intends to seek access to a
reserve bank master account and services.
``(2) Official accountholder.--The term `official
accountholder' means--
``(A) a foreign state, as defined in section 25B;
``(B) a central bank, as defined in section 25B, other than
a commercial bank;
``(C) a public international organization entitled to enjoy
privileges, exemptions, and immunities as an international
organization under the International Organizations Immunities
Act (22 U.S.C. 288 et seq.); and
``(D) any governmental entity for which the Secretary of
the Treasury has directed a Federal reserve bank to receive
deposits as fiscal agent of the United States under section 15.
``(3) Reserve bank master account and services.--The term
`reserve bank master account and services' means an account in
which a Federal reserve bank--
``(A) receives deposits for an entity other than an
official accountholder; or
``(B) provides any service under section 11A(b) to an
entity other than an official accountholder.
``(b) Publishing Master Account and Access Information.--
``(1) Online database.--The Board shall create and maintain a
public, online, and searchable database that contains--
``(A) a list of every entity that currently has access to a
reserve bank master account and services, including the date on
which the access was granted to the extent the date is
knowable;
``(B) a list of every entity that submits an access request
for a reserve bank master account and services after enactment
of this section (or that has submitted an access request that
is pending on the date of enactment of this section), including
whether, and the dates on which, a request--
``(i) was submitted; and
``(ii) was approved, rejected, pending, or withdrawn;
and
``(C) for each list described in subparagraph (A) or (B),
the type of entity that holds or submitted an access request
for a reserve bank master account and services, including
whether such entity is--
``(i) an insured depository institution, as defined in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813);
``(ii) an insured credit union, as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752); or
``(iii) a depository institution that is not an insured
depository institution or an insured credit union.
``(2) Updates.--Not less frequently than once every quarter,
the Board shall update the database to add any new information
required under paragraph (1).
``(3) Deadline.--Not later than 180 days after the date of
enactment of this section, the Board shall publish the database
with the information required under paragraph (1).''.
TITLE LVIII--FINANCIAL DATA TRANSPARENCY
Sec. 5801. Short title.
Subtitle A--Data Standards for Covered Agencies; Department of the
Treasury Rulemaking
Sec. 5811. Data standards.
Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B--Securities and Exchange Commission
Sec. 5821. Data standards requirements for the Securities and Exchange
Commission.
Sec. 5822. Open data publication by the Securities and Exchange
Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification
at the Securities and Exchange Commission; sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C--Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit Insurance
Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance
Corporation.
Sec. 5833. Rulemaking.
Sec. 5834. No new disclosure requirements.
Subtitle D--Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for the
Office of the Comptroller of the Currency.
Sec. 5842. Rulemaking.
Sec. 5843. No new disclosure requirements.
Subtitle E--Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for the
Bureau of Consumer Financial Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
Subtitle F--Federal Reserve System
Sec. 5861. Data standards requirements for the Board of Governors of the
Federal Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the
Federal Reserve System.
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Subtitle G--National Credit Union Administration
Sec. 5871. Data standards.
Sec. 5872. Open data publication by the National Credit Union
Administration.
Sec. 5873. Rulemaking.
Sec. 5874. No new disclosure requirements.
Subtitle H--Federal Housing Finance Agency
Sec. 5881. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 5882. Open data publication by the Federal Housing Finance Agency.
Sec. 5883. Rulemaking.
Sec. 5884. No new disclosure requirements.
Subtitle I--Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
SEC. 5801. SHORT TITLE.
This title may be cited as the ``Financial Data Transparency Act of
2022''.
Subtitle A--Data Standards for Covered Agencies; Department of the
Treasury Rulemaking
SEC. 5811. DATA STANDARDS.
(a) In General.--Subtitle A of the Financial Stability Act of 2010
(12 U.S.C. 5321 et seq.) is amended by adding at the end the following:
``SEC. 124. DATA STANDARDS.
``(a) Definitions.--In this section--
``(1) the term `covered agencies' means--
``(A) the Department of the Treasury;
``(B) the Board of Governors;
``(C) the Office of the Comptroller of the Currency;
``(D) the Bureau;
``(E) the Commission;
``(F) the Corporation;
``(G) the Federal Housing Finance Agency;
``(H) the National Credit Union Administration Board; and
``(I) any other primary financial regulatory agency
designated by the Secretary;
``(2) the terms `data asset', `machine-readable', `metadata',
and `open license' have the meanings given the terms in section
3502 of title 44, United States Code; and
``(3) the term `data standard' means a standard that specifies
rules by which data is described and recorded.
``(b) Rules.--
``(1) Proposed rules.--Not later than 18 months after the date
of enactment of this section, the heads of the covered agencies
shall jointly issue proposed rules for public comment that
establish data standards for--
``(A) the collections of information reported to each
covered agency by financial entities under the jurisdiction of
the covered agency; and
``(B) the data collected from covered agencies on behalf of
the Council.
``(2) Final rules.--Not later than 2 years after the date of
enactment of this section, the heads of the covered agencies shall
jointly promulgate final rules that establish the data standards
described in paragraph (1).
``(c) Data Standards.--
``(1) Common identifiers; quality.--The data standards
established in the final rules promulgated under subsection (b)(2)
shall--
``(A) include common identifiers for collections of
information reported to covered agencies or collected on behalf
of the Council, which shall include a common nonproprietary
legal entity identifier that is available under an open license
for all entities required to report to covered agencies; and
``(B) to the extent practicable--
``(i) render data fully searchable and machine-
readable;
``(ii) enable high quality data through schemas, with
accompanying metadata documented in machine-readable
taxonomy or ontology models, which clearly define the
semantic meaning of the data, as defined by the underlying
regulatory information collection requirements;
``(iii) ensure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as such
in associated machine-readable metadata;
``(iv) be nonproprietary or made available under an
open license;
``(v) incorporate standards developed and maintained by
voluntary consensus standards bodies; and
``(vi) use, be consistent with, and implement
applicable accounting and reporting principles.
``(2) Consultation; interoperability.--In establishing data
standards in the final rules promulgated under subsection (b)(2),
the heads of the covered agencies shall--
``(A) consult with other Federal departments and agencies
and multi-agency initiatives responsible for Federal data
standards; and
``(B) seek to promote interoperability of financial
regulatory data across members of the Council.
``(d) Effective Date.--The data standards established in the final
rules promulgated under subsection (b)(2) shall take effect not later
than 2 years after the date on which those final rules are promulgated
under that subsection.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Dodd-Frank Wall Street Reform and Consumer Protection Act is
amended by inserting after the item relating to section 123 the
following:
``Sec. 124. Data standards.''.
SEC. 5812. OPEN DATA PUBLICATION BY THE DEPARTMENT OF THE TREASURY.
(a) In General.--Subtitle A of the Financial Stability Act of 2010
(12 U.S.C. 5321 et seq.), as amended by section 5811(a), is further
amended by adding at the end the following:
``SEC. 125. OPEN DATA PUBLICATION.
``All public data assets published by the Secretary under this
subtitle shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as
amended by section 5811(b), is further amended by inserting after the
item relating to section 124 the following:
``Sec. 125. Open data publication.''.
(c) Rulemaking.--
(1) In general.--The Secretary of the Treasury shall issue
rules to carry out the amendments made by this section, which shall
take effect not later than 2 years after the date on which final
rules are promulgated under section 124(b)(2) of the Financial
Stability Act of 2010, as added by section 5811(a) of this title.
(2) Delegation.--Notwithstanding any other provision of law,
the Secretary of the Treasury may delegate the functions required
under the amendments made by this subtitle to an appropriate office
within the Department of the Treasury.
SEC. 5813. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Secretary of the Treasury to collect
or make publicly available additional information under the Financial
Stability Act of 2010 (12 U.S.C. 5311 et seq.), beyond information that
was collected or made publicly available under that Act, as of the day
before the date of enactment of this Act.
Subtitle B--Securities and Exchange Commission
SEC. 5821. DATA STANDARDS REQUIREMENTS FOR THE SECURITIES AND EXCHANGE
COMMISSION.
(a) Data Standards for Investment Advisers' Reports Under the
Investment Advisers Act of 1940.--Section 204 of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by redesignating the second subsection (d) (relating to
``Records of Persons With Custody of Use'') as subsection (e); and
(2) by adding at the end the following:
``(f) Data Standards for Reports Filed Under This Section.--
``(1) Requirement.--The Commission shall, by rule, adopt data
standards for all reports filed by investment advisers with the
Commission under this section.
``(2) Consistency.--The data standards required under paragraph
(1) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of
2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
(b) Data Standards for Registration Statements and Reports Under
the Investment Company Act of 1940.--The Investment Company Act of 1940
(15 U.S.C. 80a-1 et seq.) is amended--
(1) in section 8 (15 U.S.C. 80a-8), by adding at the end the
following:
``(g) Data Standards for Registration Statements.--
``(1) Requirement.--The Commission shall, by rule, adopt data
standards for all registration statements required to be filed with
the Commission under this section, except that the Commission may
exempt exhibits, signatures, and certifications from those data
standards.
``(2) Consistency.--The data standards required under paragraph
(1) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of
2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''; and
(2) in section 30 (15 U.S.C. 80a-29), by adding at the end the
following:
``(k) Data Standards for Reports.--
``(1) Requirement.--The Commission shall, by rule, adopt data
standards for all reports required to be filed with the Commission
under this section, except that the Commission may exempt exhibits,
signatures, and certifications from those data standards.
``(2) Consistency.--The data standards required under paragraph
(1) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of
2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
(c) Data Standards for Information Required To Be Submitted or
Published by Nationally Recognized Statistical Rating Organizations.--
Section 15E of the Securities Exchange Act of 1934 (15 U.S.C. 78o-7) is
amended by adding at the end the following:
``(w) Data Standards for Information Required To Be Submitted or
Published Under This Section.--
``(1) Requirement.--The Commission shall, by rule, adopt data
standards for all collections of information required to be
submitted or published by a nationally recognized statistical
rating organization under this section.
``(2) Consistency.--The data standards required under paragraph
(1) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of
2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
(d) Data Standards for Asset-Backed Securities Disclosures.--
Section 7(c) of the Securities Act of 1933 (15 U.S.C. 77g(c)) is
amended by adding at the end the following:
``(3) Data standards for asset-backed securities disclosures.--
``(A) Requirement.--The Commission shall, by rule, adopt
data standards for all disclosures required under this
subsection.
``(B) Consistency.--The data standards required under
subparagraph (A) shall incorporate, and ensure compatibility
with (to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section
124.''.
(e) Data Standards for Corporate Disclosures Under the Securities
Act of 1933.--Title I of the Securities Act of 1933 (15 U.S.C. 77a et
seq.) is amended by adding at the end the following:
``SEC. 29. DATA STANDARDS.
``(a) Requirement.--The Commission shall, by rule, adopt data
standards for all registration statements, and for all prospectuses
included in registration statements, required to be filed with the
Commission under this title, except that the Commission may exempt
exhibits, signatures, and certifications from those data standards.
``(b) Consistency.--The data standards required under subsection
(a) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(f) Data Standards for Periodic and Current Corporate Disclosures
Under the Securities Exchange Act of 1934.--Section 13 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at
the end the following:
``(s) Data Standards.--
``(1) Requirement.--The Commission shall, by rule, adopt data
standards for all collections of information with respect to
periodic and current reports required to be filed or furnished
under this section or under section 15(d), except that the
Commission may exempt exhibits, signatures, and certifications from
those data standards.
``(2) Consistency.--The data standards required under paragraph
(1) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of
2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
(g) Data Standards for Corporate Proxy and Consent Solicitation
Materials Under the Securities Exchange Act of 1934.--Section 14 of the
Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at
the end the following:
``(k) Data Standards for Proxy and Consent Solicitation
Materials.--
``(1) Requirement.--The Commission shall, by rule, adopt data
standards for all information contained in any proxy or consent
solicitation material prepared by an issuer for an annual meeting
of the shareholders of the issuer, except that the Commission may
exempt exhibits, signatures, and certifications from those data
standards.
``(2) Consistency.--The data standards required under paragraph
(1) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of
2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
(h) Data Standards for Security-based Swap Reporting.--The
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by
adding at the end the following:
``SEC. 41. DATA STANDARDS FOR SECURITY-BASED SWAP REPORTING.
``(a) Requirement.--The Commission shall, by rule, adopt data
standards for all reports related to security-based swaps that are
required under this Act.
``(b) Consistency.--The data standards required under subsection
(a) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(i) Rulemaking.--
(1) In general.--The rules that the Securities and Exchange
Commission are required to issue under the amendments made by this
section shall take effect not later than 2 years after the date on
which final rules are promulgated under section 124(b)(2) of the
Financial Stability Act of 2010, as added by section 5811(a) of
this title.
(2) Scaling of regulatory requirements; minimizing
disruption.--In issuing the rules required under the amendments
made by this section, as described in paragraph (1), the Securities
and Exchange Commission--
(A) may scale data reporting requirements in order to
reduce any unjustified burden on emerging growth companies,
lending institutions, accelerated filers, smaller reporting
companies, and other smaller issuers, as determined by any
study required under section 5825(b), while still providing
searchable information to investors; and
(B) shall seek to minimize disruptive changes to the
persons affected by those rules.
SEC. 5822. OPEN DATA PUBLICATION BY THE SECURITIES AND EXCHANGE
COMMISSION.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
amended by adding at the end the following:
``(k) Open Data Publication.--All public data assets published by
the Commission under the securities laws and the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 1376)
shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5823. DATA TRANSPARENCY RELATING TO MUNICIPAL SECURITIES.
(a) In General.--Section 15B(b) of the Securities Exchange Act of
1934 (15 U.S.C. 78o-4(b)) is amended by adding at the end the
following:
``(8)(A) The Commission shall adopt data standards for information
submitted to the Board.
``(B) Any data standards adopted under subparagraph (A) shall
incorporate, and ensure compatibility with (to the extent feasible),
all applicable data standards established in the rules promulgated
under section 124 of the Financial Stability Act of 2010, including, to
the extent practicable, by having the characteristics described in
clauses (i) through (vi) of subsection (c)(1)(B) of such section 124.
``(C) The Commission shall consult market participants in
establishing data standards under subparagraph (A).
``(D) Nothing in this paragraph may be construed to affect the
operation of paragraph (1) or (2) of subsection (d).''.
(b) Rulemaking.--
(1) In general.--Not later than 2 years after the date on which
final rules are promulgated under section 124(b)(2) of the
Financial Stability Act of 2010, as added by section 5811(a) of
this title, the Securities and Exchange Commission shall issue
rules to adopt the data standards required under paragraph (8) of
section 15B(b) of the Securities Exchange Act of 1934 (15 U.S.C.
78o-4(b)), as added by subsection (a) of this section.
(2) Scaling of regulatory requirements; minimizing
disruption.--In issuing the rules described in paragraph (1) that
adopt the data standards described in that paragraph, the
Securities and Exchange Commission--
(A) may scale those data standards in order to reduce any
unjustified burden on smaller regulated entities; and
(B) shall seek to minimize disruptive changes to the
persons affected by those rules.
SEC. 5824. DATA TRANSPARENCY AT NATIONAL SECURITIES ASSOCIATIONS.
(a) In General.--Section 15A of the Securities Exchange Act of 1934
(15 U.S.C. 78o-3) is amended by adding at the end the following:
``(n) Data Standards.--
``(1) Requirement.--A national securities association
registered pursuant to subsection (a) shall adopt data standards
for all information that is regularly filed with or submitted to
the association.
``(2) Consistency.--The data standards required under paragraph
(1) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of
2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
(b) Rulemaking.--
(1) In general.--Not later than 2 years after the date on which
final rules are promulgated under section 124(b)(2) of the
Financial Stability Act of 2010, as added by section 5811(a) of
this title, each national securities association registered
pursuant to section 15A(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78o-3(a)) shall issue rules to adopt the standards
required under subsection (n) of section 15A of the Securities
Exchange Act of 1934 (15 U.S.C. 78o-3), as added by subsection (a)
of this section.
(2) Scaling of regulatory requirements; minimizing
disruption.--In issuing the rules required under paragraph (1), a
national securities association described in that paragraph--
(A) may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated entities;
and
(B) shall seek to minimize disruptive changes to the
persons affected by those standards.
SEC. 5825. SHORTER-TERM BURDEN REDUCTION AND DISCLOSURE SIMPLIFICATION
AT THE SECURITIES AND EXCHANGE COMMISSION; SUNSET.
(a) Better Enforcement of the Quality of Corporate Financial Data
Submitted to the Securities and Exchange Commission.--
(1) Data quality improvement program.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Securities and Exchange Commission
shall establish a program to improve the quality of corporate
financial data filed or furnished by issuers under the
Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.), and the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.).
(B) Contents.--The program established under subparagraph
(A) shall include the following:
(i) The designation of an official in the Office of the
Chairman of the Securities and Exchange Commission
responsible for the improvement of the quality of data
filed with or furnished to the Commission by issuers.
(ii) The issuance by the Division of Corporation
Finance of the Securities and Exchange Commission of
comment letters requiring correction of errors in data
filings and submissions, where necessary.
(2) Goals.--In establishing the program required under this
subsection, the Securities and Exchange Commission shall seek to--
(A) improve the quality of data filed with or furnished to
the Commission to a commercially acceptable level; and
(B) make data filed with or furnished to the Commission
useful to investors.
(b) Report on the Use of Machine-Readable Data for Corporate
Disclosures.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and once every 180 days thereafter, the
Securities and Exchange Commission shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee
on Financial Services of the House of Representatives a report
regarding the public and internal use of machine-readable data for
corporate disclosures.
(2) Content.--Each report required under paragraph (1) shall
include--
(A) an identification of which corporate disclosures
required under section 7 of the Securities Act of 1933 (15
U.S.C. 77g), section 13 of the Securities Exchange Act of 1934
(15 U.S.C. 78m), and section 14 of the Securities Exchange Act
of 1934 (15 U.S.C. 78n) are expressed as machine-readable data
and which are not;
(B) an analysis of the costs and benefits of the use of
machine-readable data in corporate disclosure to investors,
markets, the Securities and Exchange Commission, and issuers;
(C) a summary of enforcement actions that result from the
use or analysis of machine-readable data collected under the
provisions of law described in subparagraph (A); and
(D) an analysis of how the Securities and Exchange
Commission uses the machine-readable data collected by the
Commission.
(c) Sunset.--Beginning on the date that is 7 years after the date
of enactment of this Act, this section shall have no force or effect.
SEC. 5826. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Securities and Exchange Commission,
the Municipal Securities Rulemaking Board, or any national securities
association to collect or make publicly available additional
information under the provisions of law amended by this subtitle (or
under any provision of law referenced in an amendment made by this
subtitle), beyond information that was collected or made publicly
available under any such provision, as of the day before the date of
enactment of this Act.
Subtitle C--Federal Deposit Insurance Corporation
SEC. 5831. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL DEPOSIT
INSURANCE CORPORATION.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is
amended by adding at the end the following:
``SEC. 52. DATA STANDARDS.
``(a) Definition.--In this section, the term `financial company'
has the meaning given the term in section 201(a) of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5381(a)).
``(b) Requirement.--The Corporation shall, by rule, adopt data
standards for all collections of information with respect to
information received by the Corporation from any depository institution
or financial company under this Act or under title II of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381 et
seq.).
``(c) Consistency.--The data standards required under subsection
(b) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
SEC. 5832. OPEN DATA PUBLICATION BY THE FEDERAL DEPOSIT INSURANCE
CORPORATION.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), as
amended by section 5831, is further amended by adding at the end the
following:
``SEC. 53. OPEN DATA PUBLICATION.
``All public data assets published by the Corporation under this
Act or under the Dodd-Frank Wall Street Reform and Consumer Protection
Act (Public Law 111-203; 124 Stat. 1376) shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5833. RULEMAKING.
(a) In General.--The Federal Deposit Insurance Corporation shall
issue rules to carry out the amendments made by this subtitle, which
shall take effect not later than 2 years after the date on which final
rules are promulgated under section 124(b)(2) of the Financial
Stability Act of 2010, as added by section 5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the Federal Deposit
Insurance Corporation--
(1) may scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5834. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title, or the amendments made by this title, shall
be construed to require the Federal Deposit Insurance Corporation to
collect or make publicly available additional information under the
Acts amended by this title (or under any provision of law referenced in
an amendment made by this title), beyond information that was collected
or made publicly available under any such provision, as of the day
before the date of enactment of this Act.
Subtitle D--Office of the Comptroller of the Currency
SEC. 5841. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS FOR
THE OFFICE OF THE COMPTROLLER OF THE CURRENCY.
The Revised Statutes of the United States is amended by inserting
after section 332 (12 U.S.C. 14) the following:
``SEC. 333. DATA STANDARDS; OPEN DATA PUBLICATION.
``(a) Data Standards.--
``(1) Requirement.--The Comptroller of the Currency shall, by
rule, adopt data standards for all collections of information that
are regularly filed with or submitted to the Comptroller of the
Currency by any entity with respect to which the Office of the
Comptroller of the Currency is the appropriate Federal banking
agency (as defined in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813)).
``(2) Consistency.--The data standards required under paragraph
(1) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of
2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.
``(b) Open Data Publication.--All public data assets published by
the Comptroller of the Currency under title LXII or the Dodd-Frank Wall
Street Reform and Consumer Protection Act (Public Law 111-203; 124
Stat. 1376) shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5842. RULEMAKING.
(a) In General.--The Comptroller of the Currency shall issue rules
to carry out the amendments made by section 5841, which shall take
effect not later than 2 years after the date on which final rules are
promulgated under section 124(b)(2) of the Financial Stability Act of
2010, as added by section 5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the Comptroller of the
Currency--
(1) may scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5843. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Comptroller of the Currency to
collect or make publicly available additional information under the
Revised Statutes of the United States (or under any other provision of
law referenced in an amendment made by this subtitle), beyond
information that was collected or made publicly available under any
such provision of law, as of the day before the date of enactment of
this Act.
Subtitle E--Bureau of Consumer Financial Protection
SEC. 5851. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS FOR
THE BUREAU OF CONSUMER FINANCIAL PROTECTION.
(a) In General.--Subtitle A of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5491 et seq.) is amended by--
(1) redesignating section 1018 (12 U.S.C. 5491 note) as section
1020; and
(2) by inserting after section 1017 (12 U.S.C. 5497) the
following:
``SEC. 1018. DATA STANDARDS.
``(a) Requirement.--The Bureau shall, by rule, adopt data standards
for all collections of information that are regularly filed with or
submitted to the Bureau.
``(b) Consistency.--The data standards required under subsection
(a) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.
``SEC. 1019. OPEN DATA PUBLICATION.
``All public data assets published by the Bureau shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Dodd-Frank Wall Street Reform and Consumer Protection Act is
amended by striking the item relating to section 1018 and inserting the
following:
``Sec. 1018. Data standards.
``Sec. 1019. Open data publication.
``Sec. 1020. Effective date.''.
SEC. 5852. RULEMAKING.
(a) In General.--The Director of the Bureau of Consumer Financial
Protection shall issue rules to carry out the amendments made by
section 5851, which shall take effect not later than 2 years after the
date on which final rules are promulgated under section 124(b)(2) of
the Financial Stability Act of 2010, as added by section 5811(a) of
this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the Director of the
Bureau of Consumer Financial Protection--
(1) may scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5853. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Bureau of Consumer Financial
Protection to collect or make publicly available additional information
under the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et
seq.), beyond information that was collected or made publicly available
under that Act, as of the day before the date of enactment of this Act.
Subtitle F--Federal Reserve System
SEC. 5861. DATA STANDARDS REQUIREMENTS FOR THE BOARD OF GOVERNORS OF
THE FEDERAL RESERVE SYSTEM.
(a) Data Standards for Information Filed or Submitted by Nonbank
Financial Companies.--Section 161(a) of the Financial Stability Act of
2010 (12 U.S.C. 5361(a)) is amended by adding at the end the following:
``(4) Data standards for reports under this subsection.--
``(A) In general.--The Board of Governors shall adopt data
standards for all information that, through a collection of
information, is regularly filed with or submitted to the Board
of Governors under this subsection by any nonbank financial
company supervised by the Board of Governors or any subsidiary
thereof.
``(B) Consistency.--The data standards required under
subparagraph (A) shall incorporate, and ensure compatibility
with (to the extent feasible), all applicable data standards
established in the rules promulgated under section 124,
including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of
subsection (c)(1)(B) of section 124.''.
(b) Data Standards for Information Filed or Submitted by Savings
and Loan Holding Companies.--Section 10 of the Home Owners' Loan Act
(12 U.S.C. 1467a) is amended by adding at the end the following:
``(u) Data Standards.--
``(1) Requirement.--The Board shall adopt data standards for
all information that, through a collection of information, is
regularly filed with or submitted to the Board by any savings and
loan holding company, or subsidiary of a savings and loan holding
company, other than a depository institution, under this section.
``(2) Consistency.--The data standards required under paragraph
(1) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of
2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
(c) Data Standards for Information Filed or Submitted by Bank
Holding Companies.--Section 5 of the Bank Holding Company Act of 1956
(12 U.S.C. 1844) is amended by adding at the end the following:
``(h) Data Standards.--
``(1) Requirement.--The Board shall adopt data standards for
all information that, through a collection of information, is
regularly filed with or submitted to the Board by any bank holding
company in a report under subsection (c).
``(2) Consistency.--The data standards required under paragraph
(1) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of
2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
(d) Data Standards for Information Submitted by Financial Market
Utilities or Institutions Under the Payment, Clearing, and Settlement
Supervision Act of 2010.--Section 809 of the Payment, Clearing, and
Settlement Supervision Act of 2010 (12 U.S.C. 5468) is amended by
adding at the end the following:
``(h) Data Standards.--
``(1) Requirement.--The Board of Governors shall adopt data
standards for all information that, through a collection of
information, is regularly filed with or submitted to the Board or
the Council by any financial market utility or financial
institution under subsection (a) or (b).
``(2) Consistency.--The data standards required under paragraph
(1) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of
2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
SEC. 5862. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM.
The Federal Reserve Act (12 U.S.C. 226 et seq.) is amended by
adding at the end the following:
``SEC. 32. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS.
``All public data assets published by the Board of Governors under
this Act, the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et
seq.), the Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.),
the Home Owners' Loan Act (12 U.S.C. 1461 et seq.), the Payment,
Clearing, and Settlement Supervision Act of 2010 (12 U.S.C. 5461 et
seq.), or the Enhancing Financial Institution Safety and Soundness Act
of 2010 (title III of Public Law 111-203) (or any provision of law
amended by that Act) shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5863. RULEMAKING.
(a) In General.--The Board of Governors of the Federal Reserve
System shall issue rules to carry out the amendments made by this
subtitle, which shall take effect not later than 2 years after the date
on which final rules are promulgated under section 124(b)(2) of the
Financial Stability Act of 2010, as added by section 5811(a) of this
title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the Board of Governors
of the Federal Reserve System--
(1) may scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5864. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Board of Governors of the Federal
Reserve System to collect or make publicly available additional
information under any Act amended by this subtitle, any Act referenced
in an amendment made by this subtitle, or any Act amended by an Act
referenced in an amendment made by this subtitle, beyond information
that was collected or made publicly available under any such provision
of law, as of the day before the date of enactment of this Act.
Subtitle G--National Credit Union Administration
SEC. 5871. DATA STANDARDS.
Title I of the Federal Credit Union Act (12 U.S.C. 1752 et seq.) is
amended by adding at the end the following:
``SEC. 132. DATA STANDARDS.
``(a) Requirement.--The Board shall, by rule, adopt data standards
for all collections of information and reports regularly filed with or
submitted to the Administration under this Act.
``(b) Consistency.--The data standards required under subsection
(a) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
SEC. 5872. OPEN DATA PUBLICATION BY THE NATIONAL CREDIT UNION
ADMINISTRATION.
Title I of the Federal Credit Union Act (12 U.S.C. 1752 et seq.),
as amended by section 5701, is further amended by adding at the end the
following:
``SEC. 133. OPEN DATA PUBLICATION.
``All public data assets published by the Administration under this
title shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5873. RULEMAKING.
(a) In General.--The National Credit Union Administration Board
shall issue rules to carry out the amendments made by this subtitle,
which shall take effect not later than 2 years after the date on which
final rules are promulgated under section 124(b)(2) of the Financial
Stability Act of 2010, as added by section 5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the National Credit
Union Administration Board--
(1) may scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5874. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the National Credit Union Administration
Board to collect or make publicly available additional information
under the Federal Credit Union Act (12 U.S.C. 1751 et seq.), beyond
information that was collected or made publicly available under that
Act, as of the day before the date of enactment of this Act.
Subtitle H--Federal Housing Finance Agency
SEC. 5881. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL HOUSING FINANCE
AGENCY.
Part 1 of subtitle A of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4511 et seq.) is amended by
adding at the end the following:
``SEC. 1319H. DATA STANDARDS.
``(a) Requirement.--The Agency shall, by rule, adopt data standards
for all collections of information that are regularly filed with or
submitted to the Agency.
``(b) Consistency.--The data standards required under subsection
(a) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
SEC. 5882. OPEN DATA PUBLICATION BY THE FEDERAL HOUSING FINANCE AGENCY.
Part 1 of subtitle A of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4511 et seq.), as amended
by section 5801, is further amended by adding at the end the following:
``SEC. 1319I. OPEN DATA PUBLICATION.
``All public data assets published by the Agency shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5883. RULEMAKING.
(a) In General.--The Director of the Federal Housing Finance Agency
shall issue rules to carry out the amendments made by this subtitle,
which shall take effect not later than 2 years after the date on which
final rules are promulgated under section 124(b)(2) of the Financial
Stability Act of 2010, as added by section 5811(a) of this title.
(b) Minimizing Disruption.--In issuing the regulations required
under subsection (a), the Director of the Federal Housing Finance
Agency shall seek to minimize disruptive changes to the persons
affected by those rules.
SEC. 5884. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Federal Housing Finance Agency to
collect or make publicly available additional information under the
Federal Housing Enterprises Financial Safety and Soundness Act of 1992
(12 U.S.C. 4501 et seq.), beyond information that was collected or made
publicly available under that Act, as of the day before the date of
enactment of this Act.
Subtitle I--Miscellaneous
SEC. 5891. RULES OF CONSTRUCTION.
(a) No Effect on Intellectual Property.--Nothing in this title, or
the amendments made by this title, may be construed to alter the legal
protections, as in effect on the day before the date of enactment of
this Act, of copyrighted material or other intellectual property rights
of any non-Federal person.
(b) No Effect on Monetary Policy.--Nothing in this title, or the
amendments made by this title, may be construed to apply to activities
conducted, or data standards used, in connection with monetary policy
proposed or implemented by the Board of Governors of the Federal
Reserve System or the Federal Open Market Committee.
(c) Preservation of Agency Authority To Tailor Requirements.--
Nothing in this title, or the amendments made by this title, may be
construed to prohibit the head of a covered agency, as defined in
section 124(a) of the Financial Stability Act of 2010, as added by
section 5811(a) of this title, from tailoring those standards when
those standards are adopted under this title and the amendments made by
this title.
SEC. 5892. CLASSIFIED AND PROTECTED INFORMATION.
(a) In General.--Nothing in this title, or the amendments made by
this title, shall require the disclosure to the public of--
(1) information that would be exempt from disclosure under
section 552 of title 5, United States Code (commonly known as the
``Freedom of Information Act''); or
(2) information protected under--
(A) section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974'');
(B) section 6103 of the Internal Revenue Code of 1986; or
(C) any law administered, or regulation promulgated, by the
Financial Crimes Enforcement Network of the Department of the
Treasury.
(b) Existing Agency Regulations.--Nothing in this title, or the
amendments made by this title, shall be construed to require the
Secretary of the Treasury, the Securities and Exchange Commission, the
Federal Deposit Insurance Corporation, the Comptroller of the Currency,
the Director of the Bureau of Consumer Financial Protection, the Board
of Governors of the Federal Reserve System, the National Credit Union
Administration Board, the Director of the Federal Housing Finance
Agency, or the head of any other primary financial regulatory agency
(as defined in section 2 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301)) designated by the Secretary
of the Treasury to amend regulations and procedures, as in effect on
the day before the date of enactment of this Act, regarding the sharing
and disclosure of nonpublic information, including confidential
supervisory information.
(c) Data Privacy and Personally Identifiable Information.--Nothing
in this title, or the amendments made by this title, shall be construed
to require the Secretary of the Treasury, the Securities and Exchange
Commission, the Federal Deposit Insurance Corporation, the Comptroller
of the Currency, the Director of the Bureau of Consumer Financial
Protection, the Board of Governors of the Federal Reserve System, the
National Credit Union Administration Board, the Director of the Federal
Housing Finance Agency, or the head of any other primary financial
regulatory agency (as defined in section 2 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5301)) designated
by the Secretary of the Treasury to disclose to the public any
information that can be used to distinguish or trace the identity of an
individual, either alone or when combined with other personal or
identifying information that is linked or linkable to a specific
individual.
SEC. 5893. REPORT.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report on the feasibility, costs, and potential benefits of building
upon the taxonomy established by this title, and the amendments made by
this title, to arrive at a Federal Governmentwide regulatory compliance
standardization mechanism similar to Standard Business Reporting.
TITLE LIX--OTHER MATTERS
Subtitle A--Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain nonimmigrant H-2B
workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E-1 and
E-2 nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors'
bill of rights.
Sec. 5904. Extending the statute of limitations for certain money
laundering offenses.
Subtitle B--Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and
specialized facilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed
ledger technology.
Sec. 5914. Technical corrections.
Subtitle C--FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D--Judicial Security and Privacy
Sec. 5931. Short title.
Sec. 5932. Findings and purpose.
Sec. 5933. Definitions.
Sec. 5934. Protecting covered information in public records.
Sec. 5935. Training and education.
Sec. 5936. Vulnerability management capability.
Sec. 5937. Rules of construction.
Sec. 5938. Severability.
Sec. 5939. Effective date.
Subtitle E--Other Matters
Sec. 5941. Secretary of Agriculture report on improving supply chain
shortfalls and infrastructure needs at wholesale produce
markets.
Sec. 5942. Extension of deadline for transfer of parcels of land in New
Mexico.
Sec. 5943. Ending global wildlife poaching and trafficking.
Sec. 5944. Cost-sharing requirements applicable to certain Bureau of
Reclamation dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration
property in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-
binding instruments.
Subtitle A--Judiciary Matters
SEC. 5901. EXTENSION OF ADMISSION TO GUAM OR THE COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS FOR CERTAIN NONIMMIGRANT H-2B WORKERS.
Section 6(b)(1)(B) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976 (48 U.S.C.
1806(b)(1)(B)), is amended, in the matter preceding clause (i), by
striking ``December 31, 2023'' and inserting ``December 31, 2024''.
SEC. 5902. ELIGIBILITY OF PORTUGUESE TRADERS AND INVESTORS FOR E-1 AND
E-2 NONIMMIGRANT VISAS.
(a) Nonimmigrant Traders and Investors.--For purposes of clauses
(i) and (ii) of section 101(a)(15)(E) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal shall be considered
to be a foreign state described in such section if the Government of
Portugal provides similar nonimmigrant status to nationals of the
United States.
(b) Modification of Eligibility Criteria for E Visas.--Section
101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(E)) is amended--
(1) in the matter preceding clause (i)--
(A) by inserting ``(or, in the case of an alien who
acquired the relevant nationality through a financial
investment and who has not previously been granted status under
this subparagraph, the foreign state of which the alien is a
national and in which the alien has been domiciled for a
continuous period of not less than 3 years at any point before
applying for a nonimmigrant visa under this subparagraph)''
before ``, and the spouse''; and
(B) by striking ``him'' and inserting ``such alien''; and
(2) by striking ``he'' each place such term appears and
inserting ``the alien''.
SEC. 5903. INCENTIVES FOR STATES TO CREATE SEXUAL ASSAULT SURVIVORS'
BILL OF RIGHTS.
(a) Incentives for States to Create Sexual Assault Survivors' Bill
of Rights.--
(1) Definition of covered formula grant.--In this subsection,
the term ``covered formula grant'' means a grant under part T of
title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10441 et seq.) (commonly referred to as the ``STOP
Violence Against Women Formula Grant Program'').
(2) Grant increase.--The Attorney General shall increase the
amount of the covered formula grant provided to a State in
accordance with this subsection if the State has in effect a law
that provides to sexual assault survivors the rights, at a minimum,
under section 3772 of title 18, United States Code.
(3) Application.--A State seeking an increase to a covered
formula grant under this subsection shall submit an application to
the Attorney General at such time, in such manner, and containing
such information as the Attorney General may reasonably require,
including information about the law described in paragraph (2).
(4) Period of increase.--The Attorney General may not provide
an increase in the amount of the covered formula grant provided to
a State under this subsection more than 4 times.
(5) Authorization of appropriations.--There are authorized to
be appropriated $20,000,000 for each of fiscal years 2023 through
2027 to carry out this subsection.
(b) Reauthorization of the Missing Americans Alert Program.--
Section 240001(d) of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12621(d)) is amended by striking ``2018 through
2022'' and inserting ``2023 through 2027''.
SEC. 5904. EXTENDING THE STATUTE OF LIMITATIONS FOR CERTAIN MONEY
LAUNDERING OFFENSES.
(a) In General.--Section 1956 of title 18, United States Code, is
amended by adding at the end the following:
``(j) Seven-year Limitation.--Notwithstanding section 3282, no
person shall be prosecuted, tried, or punished for a violation of this
section or section 1957 if the specified unlawful activity constituting
the violation is the activity defined in subsection (c)(7)(B) of this
section, unless the indictment is found or the information is
instituted not later than 7 years after the date on which the offense
was committed.''.
(b) Effective Date.--The amendments made by this section shall
apply to--
(1) conduct that occurred before the date of enactment of this
Act for which the applicable statute of limitations has not
expired; and
(2) conduct that occurred on or after the date of enactment of
this Act.
Subtitle B--Science, Space, and Technology Matters
SEC. 5911. FINANCIAL ASSISTANCE FOR CONSTRUCTION OF TEST BEDS AND
SPECIALIZED FACILITIES.
Section 34 of the National Institute of Standards and Technology
Act (15 U.S.C. 278s) is amended--
(1) by redesignating subsections (f) through (l) as subsections
(g) through (m), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Authority to Award Financial Assistance for Construction of
Test Beds and Specialized Facilities.--
``(1) In general.--The Secretary may, acting through the
Director, award financial assistance for the construction of test
beds and specialized facilities by Manufacturing USA institutes
established or supported under subsection (e) as the Secretary
considers appropriate to carry out the purposes of the Program.
``(2) Requirements.--The Secretary shall exercise authority
under paragraph (1) in a manner and with requirements consistent
with paragraphs (3) through (8) of subsection (e).
``(3) Priority.--The Secretary shall establish preferences in
selection criteria for proposals for financial assistance under
this subsection from Manufacturing USA institutes that integrate as
active members one or more covered entities as described in section
10262 of the Research and Development, Competition, and Innovation
Act (Public Law 117-167).''.
SEC. 5912. REPORTS ON ARCTIC RESEARCH, BUDGET, AND SPENDING.
(a) Crosscut Report on Arctic Research Programs.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Science and
Technology Policy, in coordination with the Director of the Office
of Management and Budget, shall submit a detailed report to
Congress regarding all existing Federal programs relating to Arctic
research and research-related activities, including observation,
modeling, monitoring, and prediction, and research infrastructure.
The report shall include--
(A) the goals of each such program;
(B) the funding levels for each such program for each of
the 5 immediately preceding fiscal years;
(C) the anticipated funding levels for each such program
for each of the 5 following fiscal years; and
(D) the total funding appropriated for the current fiscal
year for such programs.
(2) Distribution.--Not later than 30 days after submitting the
report to Congress pursuant to subsection (a), the Director of the
Office of Science and Technology Policy shall make a report
available on a public website.
(b) Annual Agency Budget and Spending Report.--
(1) Annual agency budgets.--Each agency represented on the
Interagency Arctic Research Policy Committee shall each include in
their agency's annual budget request to Congress a description of
their agency's projected Arctic research activities and associated
budget for the fiscal year covered by the budget request.
(2) Report to congress.--Beginning with fiscal year 2025 and
annually thereafter until fiscal year 2034, not later than 60 days
after the President's budget request for such fiscal year is
submitted to Congress, the Office of Science and Technology Policy
shall submit an annual report to Congress summarizing each agency's
budget request related to Arctic research activities per the
information submitted in accordance with paragraph (1).
SEC. 5913. NATIONAL RESEARCH AND DEVELOPMENT STRATEGY FOR DISTRIBUTED
LEDGER TECHNOLOGY.
(a) Definitions.--In this section:
(1) Director.--Except as otherwise expressly provided, the term
``Director'' means the Director of the Office of Science and
Technology Policy.
(2) Distributed ledger.--The term ``distributed ledger'' means
a ledger that--
(A) is shared across a set of distributed nodes, which are
devices or processes, that participate in a network and store a
complete or partial replica of the ledger;
(B) is synchronized between the nodes;
(C) has data appended to it by following the ledger's
specified consensus mechanism;
(D) may be accessible to anyone (public) or restricted to a
subset of participants (private); and
(E) may require participants to have authorization to
perform certain actions (engaging) or require no authorization
(permissionless).
(3) Distributed ledger technology.--The term ``distributed
ledger technology'' means technology that enables the operation and
use of distributed ledgers.
(4) Institution of higher education.--The term ``institution of
higher education'' has the meaning given the term in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001).
(5) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Science, Space, and Technology of the
House of Representatives.
(6) Smart contract.--The term ``smart contract'' means a
computer program stored in a distributed ledger system that is
executed when certain predefined conditions are satisfied and
wherein the outcome of any execution of the program may be recorded
on the distributed ledger.
(b) National Distributed Ledger Technology Research and Development
Strategy.--
(1) In general.--The Director, or a designee of the Director,
shall, in coordination with the National Science and Technology
Council, and the heads of such other relevant Federal agencies and
entities as the Director considers appropriate, which may include
the National Academies, and in consultation with such
nongovernmental entities as the Director considers appropriate,
develop a national strategy for the research and development of
distributed ledger technologies and their applications, including
applications of public and permissionless distributed ledgers. In
developing the national strategy, the Director shall consider the
following:
(A) Current efforts and coordination by Federal agencies to
invest in the research and development of distributed ledger
technologies and their applications, including through programs
like the Small Business Innovation Research program, the Small
Business Technology Transfer program, and the National Science
Foundation's Innovation Corps programs.
(B)(i) The potential benefits and risks of applications of
distributed ledger technologies across different industry
sectors, including their potential to--
(I) lower transactions costs and facilitate new types
of commercial transactions;
(II) protect privacy and increase individuals' data
sovereignty;
(III) reduce friction to the interoperability of
digital systems;
(IV) increase the accessibility, auditability,
security, efficiency, and transparency of digital services;
(V) increase market competition in the provision of
digital services;
(VI) enable dynamic contracting and contract execution
through smart contracts;
(VII) enable participants to collaborate in trustless
and disintermediated environments;
(VIII) enable the operations and governance of
distributed organizations;
(IX) create new ownership models for digital items; and
(X) increase participation of populations historically
underrepresented in the technology, business, and financial
sectors.
(ii) In consideration of the potential risks of
applications of distributed ledger technologies under clause
(i), the Director shall take into account, where applicable--
(I) additional risks that may emerge from distributed
ledger technologies, as identified in reports submitted to
the President pursuant to Executive Order 14067, that may
be addressed by research and development;
(II) software vulnerabilities in distributed ledger
technologies and smart contracts;
(III) limited consumer literacy on engaging with
applications of distributed ledger technologies in a secure
way;
(IV) the use of distributed ledger technologies in
illicit finance and their use in combating illicit finance;
(V) manipulative, deceptive, and fraudulent practices
that harm consumers engaging with applications of
distributed ledger technologies;
(VI) the implications of different consensus mechanisms
for digital ledgers and governance and accountability
mechanisms for applications of distributed ledger
technologies, which may include decentralized networks;
(VII) foreign activities in the development and
deployment of distributed ledger technologies and their
associated tools and infrastructure; and
(VIII) environmental, sustainability, and economic
impacts of the computational resources required for
distributed ledger technologies.
(C) Potential uses for distributed ledger technologies that
could improve the operations and delivery of services by
Federal agencies, taking into account the potential of digital
ledger technologies to--
(i) improve the efficiency and effectiveness of
privacy-preserving data sharing among Federal agencies and
with State, local, territorial, and Tribal governments;
(ii) promote government transparency by improving data
sharing with the public;
(iii) introduce or mitigate risks that may threaten
individuals' rights or broad access to Federal services;
(iv) automate and modernize processes for assessing and
ensuring regulatory compliance; and
(v) facilitate broad access to financial services for
underserved and underbanked populations.
(D) Ways to support public and private sector dialogue on
areas of research that could enhance the efficiency,
scalability, interoperability, security, and privacy of
applications using distributed ledger technologies.
(E) The need for increased coordination of the public and
private sectors on the development of voluntary standards in
order to promote research and development, including standards
regarding security, smart contracts, cryptographic protocols,
virtual routing and forwarding, interoperability, zero-
knowledge proofs, and privacy, for distributed ledger
technologies and their applications.
(F) Applications of distributed ledger technologies that
could positively benefit society but that receive relatively
little private sector investment.
(G) The United States position in global leadership and
competitiveness across research, development, and deployment of
distributed ledger technologies.
(2) Consultation.--
(A) In general.--In carrying out the Director's duties
under this subsection, the Director shall consult with the
following:
(i) Private industry.
(ii) Institutions of higher education, including
minority-serving institutions.
(iii) Nonprofit organizations, including foundations
dedicated to supporting distributed ledger technologies and
their applications.
(iv) State governments.
(v) Such other persons as the Director considers
appropriate.
(B) Representation.--The Director shall ensure
consultations with the following:
(i) Rural and urban stakeholders from across the
Nation.
(ii) Small, medium, and large businesses.
(iii) Subject matter experts representing multiple
industrial sectors.
(iv) A demographically diverse set of stakeholders.
(3) Coordination.--In carrying out this subsection, the
Director shall, for purposes of avoiding duplication of activities,
consult, cooperate, and coordinate with the programs and policies
of other relevant Federal agencies, including the interagency
process outlined in section 3 of Executive Order 14067 (87 Fed.
Reg. 14143; relating ensuring responsible development of digital
assets).
(4) National strategy.--Not later than 1 year after the date of
enactment of this Act, the Director shall submit to the relevant
congressional committees and the President a national strategy that
includes the following:
(A) Priorities for the research and development of
distributed ledger technologies and their applications.
(B) Plans to support public and private sector investment
and partnerships in research and technology development for
societally beneficial applications of distributed ledger
technologies.
(C) Plans to mitigate the risks of distributed ledger
technologies and their applications.
(D) An identification of additional resources,
administrative action, or legislative action recommended to
assist with the implementation of such strategy.
(5) Research and development funding.--The Director shall, as
the Director considers necessary, consult with the Director of the
Office of Management and Budget and with the heads of such other
elements of the Executive Office of the President as the Director
considers appropriate, to ensure that the recommendations and
priorities with respect to research and development funding, as
expressed in the national strategy developed under this subsection,
are incorporated in the development of annual budget requests for
Federal research agencies.
(c) Distributed Ledger Technology Research.--
(1) In general.--Subject to the availability of appropriations,
the Director of the National Science Foundation shall make awards,
on a competitive basis, to institutions of higher education,
including minority-serving institutions, or nonprofit organizations
(or consortia of such institutions or organizations) to support
research, including interdisciplinary research, on distributed
ledger technologies, their applications, and other issues that
impact or are caused by distributed ledger technologies, which may
include research on--
(A) the implications on trust, transparency, privacy,
accessibility, accountability, and energy consumption of
different consensus mechanisms and hardware choices, and
approaches for addressing these implications;
(B) approaches for improving the security, privacy,
resiliency, interoperability, performance, and scalability of
distributed ledger technologies and their applications, which
may include decentralized networks;
(C) approaches for identifying and addressing
vulnerabilities and improving the performance and expressive
power of smart contracts;
(D) the implications of quantum computing on applications
of distributed ledger technologies, including long-term
protection of sensitive information (such as medical or digital
property), and techniques to address them;
(E) game theory, mechanism design, and economics
underpinning and facilitating the operations and governance of
decentralized networks enabled by distributed ledger
technologies;
(F) the social behaviors of participants in decentralized
networks enabled by distributed ledger technologies;
(G) human-centric design approaches to make distributed
ledger technologies and their applications more usable and
accessible;
(H) use cases for distributed ledger technologies across
various industry sectors and government, including applications
pertaining to--
(i) digital identity, including trusted identity and
identity management;
(ii) digital property rights;
(iii) delivery of public services;
(iv) supply chain transparency;
(v) medical information management;
(vi) inclusive financial services;
(vii) community governance;
(viii) charitable giving;
(ix) public goods funding;
(x) digital credentials;
(xi) regulatory compliance;
(xii) infrastructure resilience, including against
natural disasters; and
(xiii) peer-to-peer transactions; and
(I) the social, behavioral, and economic implications
associated with the growth of applications of distributed
ledger technologies, including decentralization in business,
financial, and economic systems.
(2) Accelerating innovation.--The Director of the National
Science Foundation shall consider continuing to support startups
that are in need of funding, would develop in and contribute to the
economy of the United States, leverage distributed ledger
technologies, have the potential to positively benefit society, and
have the potential for commercial viability, through programs like
the Small Business Innovation Research program, the Small Business
Technology Transfer program, and, as appropriate, other programs
that promote broad and diverse participation.
(3) Consideration of national distributed ledger technology
research and development strategy.--In making awards under
paragraph (1), the Director of the National Science Foundation
shall take into account the national strategy, as described in
subsection (b)(4).
(4) Fundamental research.--The Director of the National Science
Foundation shall consider continuing to make awards supporting
fundamental research in areas related to distributed ledger
technologies and their applications, such as applied cryptography
and distributed systems.
(d) Distributed Ledger Technology Applied Research Project.--
(1) Applied research project.--Subject to the availability of
appropriations, the Director of the National Institute of Standards
and Technology, may carry out an applied research project to study
and demonstrate the potential benefits and unique capabilities of
distributed ledger technologies.
(2) Activities.--In carrying out the applied research project,
the Director of the National Institute of Standards and Technology
shall--
(A) identify potential applications of distributed ledger
technologies, including those that could benefit activities at
the Department of Commerce or at other Federal agencies,
considering applications that could--
(i) improve the privacy and interoperability of digital
identity and access management solutions;
(ii) increase the integrity and transparency of supply
chains through the secure and limited sharing of relevant
supplier information;
(iii) facilitate broader participation in distributed
ledger technologies of populations historically
underrepresented in technology, business, and financial
sectors; or
(iv) be of benefit to the public or private sectors, as
determined by the Director in consultation with relevant
stakeholders;
(B) solicit and provide the opportunity for public comment
relevant to potential projects;
(C) consider, in the selection of a project, whether the
project addresses a pressing need not already addressed by
another organization or Federal agency;
(D) establish plans to mitigate potential risks, including
those outlined in subsection (b)(1)(B)(ii), if applicable, of
potential projects;
(E) produce an example solution leveraging distributed
ledger technologies for 1 of the applications identified in
subparagraph (A);
(F) hold a competitive process to select private sector
partners, if they are engaged, to support the implementation of
the example solution;
(G) consider hosting the project at the National
Cybersecurity Center of Excellence; and
(H) ensure that cybersecurity best practices consistent
with the Cybersecurity Frame work of the National Institute of
Standards and Technology are demonstrated in the project.
(3) Briefings to congress.--Not later than 1 year after the
date of enactment of this Act, the Director of the National
Institute of Standards and Technology shall offer a briefing to the
relevant congressional committees on the progress and current
findings from the project under this subsection.
(4) Public report.--Not later than 12 months after the
completion of the project under this subsection, the Director of
the National Institute of Standards and Technology shall make
public a report on the results and findings from the project.
SEC. 5914. TECHNICAL CORRECTIONS.
The Energy Policy Act of 2005 is amended--
(1) in section 952(a)(2)(A) (42 U.S.C. 16272(a)(2)(A)), by
striking ``shall evaluate the technical and economic feasibility of
the establishment of'' and inserting ``shall evaluate the technical
and economic feasibility of establishing and, if feasible, is
authorized to establish''; and
(2) in section 954(a)(5) (42 U.S.C. 16274(a)(5)), by--
(A) redesignating subparagraph (E) as subparagraph (F); and
(B) by inserting after subparagraph (D) the following:
``(E) Fuel services.--The Research Reactor Infrastructure
subprogram within the Radiological Facilities Management
program of the Department, as authorized by paragraph (6),
shall be expanded to provide fuel services to research reactors
established by this paragraph.''.
Subtitle C--FedRamp Authorization Act
SEC. 5921. FEDRAMP AUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``FedRAMP
Authorization Act''.
(b) Amendment.--Chapter 36 of title 44, United States Code, is
amended by adding at the end the following:
``Sec. 3607. Definitions
``(a) In General.--Except as provided under subsection (b), the
definitions under sections 3502 and 3552 apply to this section through
section 3616.
``(b) Additional Definitions.--In this section through section
3616:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Oversight and Reform of the House of Representatives.
``(3) Authorization to operate; federal information.--The terms
`authorization to operate' and `Federal information' have the
meaning given those term in Circular A-130 of the Office of
Management and Budget entitled `Managing Information as a Strategic
Resource', or any successor document.
``(4) Cloud computing.--The term `cloud computing' has the
meaning given the term in Special Publication 800-145 of the
National Institute of Standards and Technology, or any successor
document.
``(5) Cloud service provider.--The term `cloud service
provider' means an entity offering cloud computing products or
services to agencies.
``(6) FedRAMP.--The term `FedRAMP' means the Federal Risk and
Authorization Management Program established under section 3608.
``(7) FedRAMP authorization.--The term `FedRAMP authorization'
means a certification that a cloud computing product or service
has--
``(A) completed a FedRAMP authorization process, as
determined by the Administrator; or
``(B) received a FedRAMP provisional authorization to
operate, as determined by the FedRAMP Board.
``(8) Fedramp authorization package.--The term `FedRAMP
authorization package' means the essential information that can be
used by an agency to determine whether to authorize the operation
of an information system or the use of a designated set of common
controls for all cloud computing products and services authorized
by FedRAMP.
``(9) FedRAMP board.--The term `FedRAMP Board' means the board
established under section 3610.
``(10) Independent assessment service.--The term `independent
assessment service' means a third-party organization accredited by
the Administrator to undertake conformity assessments of cloud
service providers and the products or services of cloud service
providers.
``(11) Secretary.--The term `Secretary' means the Secretary of
Homeland Security.
``Sec. 3608. Federal Risk and Authorization Management Program
``There is established within the General Services Administration
the Federal Risk and Authorization Management Program. The
Administrator, subject to section 3614, shall establish a Government-
wide program that provides a standardized, reusable approach to
security assessment and authorization for cloud computing products and
services that process unclassified information used by agencies.
``Sec. 3609. Roles and responsibilities of the General Services
Administration
``(a) Roles and Responsibilities.--The Administrator shall--
``(1) in consultation with the Secretary, develop, coordinate,
and implement a process to support agency review, reuse, and
standardization, where appropriate, of security assessments of
cloud computing products and services, including, as appropriate,
oversight of continuous monitoring of cloud computing products and
services, pursuant to guidance issued by the Director pursuant to
section 3614;
``(2) establish processes and identify criteria consistent with
guidance issued by the Director under section 3614 to make a cloud
computing product or service eligible for a FedRAMP authorization
and validate whether a cloud computing product or service has a
FedRAMP authorization;
``(3) develop and publish templates, best practices, technical
assistance, and other materials to support the authorization of
cloud computing products and services and increase the speed,
effectiveness, and transparency of the authorization process,
consistent with standards and guidelines established by the
Director of the National Institute of Standards and Technology and
relevant statutes;
``(4) establish and update guidance on the boundaries of
FedRAMP authorization packages to enhance the security and
protection of Federal information and promote transparency for
agencies and users as to which services are included in the scope
of a FedRAMP authorization;
``(5) grant FedRAMP authorizations to cloud computing products
and services consistent with the guidance and direction of the
FedRAMP Board;
``(6) establish and maintain a public comment process for
proposed guidance and other FedRAMP directives that may have a
direct impact on cloud service providers and agencies before the
issuance of such guidance or other FedRAMP directives;
``(7) coordinate with the FedRAMP Board, the Director of the
Cybersecurity and Infrastructure Security Agency, and other
entities identified by the Administrator, with the concurrence of
the Director and the Secretary, to establish and regularly update a
framework for continuous monitoring under section 3553;
``(8) provide a secure mechanism for storing and sharing
necessary data, including FedRAMP authorization packages, to enable
better reuse of such packages across agencies, including making
available any information and data necessary for agencies to
fulfill the requirements of section 3613;
``(9) provide regular updates to applicant cloud service
providers on the status of any cloud computing product or service
during an assessment process;
``(10) regularly review, in consultation with the FedRAMP
Board--
``(A) the costs associated with the independent assessment
services described in section 3611; and
``(B) the information relating to foreign interests
submitted pursuant to section 3612;
``(11) in coordination with the Director, the Secretary, and
other stakeholders, as appropriate, determine the sufficiency of
underlying requirements to identify and assess the provenance of
the software in cloud services and products;
``(12) support the Federal Secure Cloud Advisory Committee
established pursuant to section 3616; and
``(13) take such other actions as the Administrator may
determine necessary to carry out FedRAMP.
``(b) Website.--
``(1) In general.--The Administrator shall maintain a public
website to serve as the authoritative repository for FedRAMP,
including the timely publication and updates for all relevant
information, guidance, determinations, and other materials required
under subsection (a).
``(2) Criteria and process for fedramp authorization
priorities.--The Administrator shall develop and make publicly
available on the website described in paragraph (1) the criteria
and process for prioritizing and selecting cloud computing products
and services that will receive a FedRAMP authorization, in
consultation with the FedRAMP Board and the Chief Information
Officers Council.
``(c) Evaluation of Automation Procedures.--
``(1) In general.--The Administrator, in coordination with the
Secretary, shall assess and evaluate available automation
capabilities and procedures to improve the efficiency and
effectiveness of the issuance of FedRAMP authorizations, including
continuous monitoring of cloud computing products and services.
``(2) Means for automation.--Not later than 1 year after the
date of enactment of this section, and updated regularly
thereafter, the Administrator shall establish a means for the
automation of security assessments and reviews.
``(d) Metrics for Authorization.--The Administrator shall establish
annual metrics regarding the time and quality of the assessments
necessary for completion of a FedRAMP authorization process in a manner
that can be consistently tracked over time in conjunction with the
periodic testing and evaluation process pursuant to section 3554 in a
manner that minimizes the agency reporting burden.
``Sec. 3610. FedRAMP Board
``(a) Establishment.--There is established a FedRAMP Board to
provide input and recommendations to the Administrator regarding the
requirements and guidelines for, and the prioritization of, security
assessments of cloud computing products and services.
``(b) Membership.--The FedRAMP Board shall consist of not more than
7 senior officials or experts from agencies appointed by the Director,
in consultation with the Administrator, from each of the following:
``(1) The Department of Defense.
``(2) The Department of Homeland Security.
``(3) The General Services Administration.
``(4) Such other agencies as determined by the Director, in
consultation with the Administrator.
``(c) Qualifications.--Members of the FedRAMP Board appointed under
subsection (b) shall have technical expertise in domains relevant to
FedRAMP, such as--
``(1) cloud computing;
``(2) cybersecurity;
``(3) privacy;
``(4) risk management; and
``(5) other competencies identified by the Director to support
the secure authorization of cloud services and products.
``(d) Duties.--The FedRAMP Board shall--
``(1) in consultation with the Administrator, serve as a
resource for best practices to accelerate the process for obtaining
a FedRAMP authorization;
``(2) establish and regularly update requirements and
guidelines for security authorizations of cloud computing products
and services, consistent with standards and guidelines established
by the Director of the National Institute of Standards and
Technology, to be used in the determination of FedRAMP
authorizations;
``(3) monitor and oversee, to the greatest extent practicable,
the processes and procedures by which agencies determine and
validate requirements for a FedRAMP authorization, including
periodic review of the agency determinations described in section
3613(b);
``(4) ensure consistency and transparency between agencies and
cloud service providers in a manner that minimizes confusion and
engenders trust; and
``(5) perform such other roles and responsibilities as the
Director may assign, with concurrence from the Administrator.
``(e) Determinations of Demand for Cloud Computing Products and
Services.--The FedRAMP Board may consult with the Chief Information
Officers Council to establish a process, which may be made available on
the website maintained under section 3609(b), for prioritizing and
accepting the cloud computing products and services to be granted a
FedRAMP authorization.
``Sec. 3611. Independent assessment
``The Administrator may determine whether FedRAMP may use an
independent assessment service to analyze, validate, and attest to the
quality and compliance of security assessment materials provided by
cloud service providers during the course of a determination of whether
to use a cloud computing product or service.
``Sec. 3612. Declaration of foreign interests
``(a) In General.--An independent assessment service that performs
services described in section 3611 shall annually submit to the
Administrator information relating to any foreign interest, foreign
influence, or foreign control of the independent assessment service.
``(b) Updates.--Not later than 48 hours after there is a change in
foreign ownership or control of an independent assessment service that
performs services described in section 3611, the independent assessment
service shall submit to the Administrator an update to the information
submitted under subsection (a).
``(c) Certification.--The Administrator may require a
representative of an independent assessment service to certify the
accuracy and completeness of any information submitted under this
section.
``Sec. 3613. Roles and responsibilities of agencies
``(a) In General.--In implementing the requirements of FedRAMP, the
head of each agency shall, consistent with guidance issued by the
Director pursuant to section 3614--
``(1) promote the use of cloud computing products and services
that meet FedRAMP security requirements and other risk-based
performance requirements as determined by the Director, in
consultation with the Secretary;
``(2) confirm whether there is a FedRAMP authorization in the
secure mechanism provided under section 3609(a)(8) before beginning
the process of granting a FedRAMP authorization for a cloud
computing product or service;
``(3) to the extent practicable, for any cloud computing
product or service the agency seeks to authorize that has received
a FedRAMP authorization, use the existing assessments of security
controls and materials within any FedRAMP authorization package for
that cloud computing product or service; and
``(4) provide to the Director data and information required by
the Director pursuant to section 3614 to determine how agencies are
meeting metrics established by the Administrator.
``(b) Attestation.--Upon completing an assessment or authorization
activity with respect to a particular cloud computing product or
service, if an agency determines that the information and data the
agency has reviewed under paragraph (2) or (3) of subsection (a) is
wholly or substantially deficient for the purposes of performing an
authorization of the cloud computing product or service, the head of
the agency shall document as part of the resulting FedRAMP
authorization package the reasons for this determination.
``(c) Submission of Authorizations to Operate Required.--Upon
issuance of an agency authorization to operate based on a FedRAMP
authorization, the head of the agency shall provide a copy of its
authorization to operate letter and any supplementary information
required pursuant to section 3609(a) to the Administrator.
``(d) Submission of Policies Required.--Not later than 180 days
after the date on which the Director issues guidance in accordance with
section 3614(1), the head of each agency, acting through the chief
information officer of the agency, shall submit to the Director all
agency policies relating to the authorization of cloud computing
products and services.
``(e) Presumption of Adequacy.--
``(1) In general.--The assessment of security controls and
materials within the authorization package for a FedRAMP
authorization shall be presumed adequate for use in an agency
authorization to operate cloud computing products and services.
``(2) Information security requirements.--The presumption under
paragraph (1) does not modify or alter--
``(A) the responsibility of any agency to ensure compliance
with subchapter II of chapter 35 for any cloud computing
product or service used by the agency; or
``(B) the authority of the head of any agency to make a
determination that there is a demonstrable need for additional
security requirements beyond the security requirements included
in a FedRAMP authorization for a particular control
implementation.
``Sec. 3614. Roles and responsibilities of the Office of Management and
Budget
``The Director shall--
``(1) in consultation with the Administrator and the Secretary,
issue guidance that--
``(A) specifies the categories or characteristics of cloud
computing products and services that are within the scope of
FedRAMP;
``(B) includes requirements for agencies to obtain a
FedRAMP authorization when operating a cloud computing product
or service described in subparagraph (A) as a Federal
information system; and
``(C) encompasses, to the greatest extent practicable, all
necessary and appropriate cloud computing products and
services;
``(2) issue guidance describing additional responsibilities of
FedRAMP and the FedRAMP Board to accelerate the adoption of secure
cloud computing products and services by the Federal Government;
``(3) in consultation with the Administrator, establish a
process to periodically review FedRAMP authorization packages to
support the secure authorization and reuse of secure cloud products
and services;
``(4) oversee the effectiveness of FedRAMP and the FedRAMP
Board, including the compliance by the FedRAMP Board with the
duties described in section 3610(d); and
``(5) to the greatest extent practicable, encourage and promote
consistency of the assessment, authorization, adoption, and use of
secure cloud computing products and services within and across
agencies.
``Sec. 3615. Reports to Congress; GAO report
``(a) Reports to Congress.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Director shall
submit to the appropriate congressional committees a report that
includes the following:
``(1) During the preceding year, the status, efficiency, and
effectiveness of the General Services Administration under section
3609 and agencies under section 3613 and in supporting the speed,
effectiveness, sharing, reuse, and security of authorizations to
operate for secure cloud computing products and services.
``(2) Progress towards meeting the metrics required under
section 3609(d).
``(3) Data on FedRAMP authorizations.
``(4) The average length of time to issue FedRAMP
authorizations.
``(5) The number of FedRAMP authorizations submitted, issued,
and denied for the preceding year.
``(6) A review of progress made during the preceding year in
advancing automation techniques to securely automate FedRAMP
processes and to accelerate reporting under this section.
``(7) The number and characteristics of authorized cloud
computing products and services in use at each agency consistent
with guidance provided by the Director under section 3614.
``(8) A review of FedRAMP measures to ensure the security of
data stored or processed by cloud service providers, which may
include--
``(A) geolocation restrictions for provided products or
services;
``(B) disclosures of foreign elements of supply chains of
acquired products or services;
``(C) continued disclosures of ownership of cloud service
providers by foreign entities; and
``(D) encryption for data processed, stored, or transmitted
by cloud service providers.
``(b) GAO Report.--Not later than 180 days after the date of
enactment of this section, the Comptroller General of the United States
shall report to the appropriate congressional committees an assessment
of the following:
``(1) The costs incurred by agencies and cloud service
providers relating to the issuance of FedRAMP authorizations.
``(2) The extent to which agencies have processes in place to
continuously monitor the implementation of cloud computing products
and services operating as Federal information systems.
``(3) How often and for which categories of products and
services agencies use FedRAMP authorizations.
``(4) The unique costs and potential burdens incurred by cloud
computing companies that are small business concerns (as defined in
section 3(a) of the Small Business Act (15 U.S.C. 632(a)) as a part
of the FedRAMP authorization process.
``Sec. 3616. Federal Secure Cloud Advisory Committee
``(a) Establishment, Purposes, and Duties.--
``(1) Establishment.--There is established a Federal Secure
Cloud Advisory Committee (referred to in this section as the
`Committee') to ensure effective and ongoing coordination of agency
adoption, use, authorization, monitoring, acquisition, and security
of cloud computing products and services to enable agency mission
and administrative priorities.
``(2) Purposes.--The purposes of the Committee are the
following:
``(A) To examine the operations of FedRAMP and determine
ways that authorization processes can continuously be improved,
including the following:
``(i) Measures to increase agency reuse of FedRAMP
authorizations.
``(ii) Proposed actions that can be adopted to reduce
the burden, confusion, and cost associated with FedRAMP
authorizations for cloud service providers.
``(iii) Measures to increase the number of FedRAMP
authorizations for cloud computing products and services
offered by small businesses concerns (as defined by section
3(a) of the Small Business Act (15 U.S.C. 632(a)).
``(iv) Proposed actions that can be adopted to reduce
the burden and cost of FedRAMP authorizations for agencies.
``(B) Collect information and feedback on agency compliance
with and implementation of FedRAMP requirements.
``(C) Serve as a forum that facilitates communication and
collaboration among the FedRAMP stakeholder community.
``(3) Duties.--The duties of the Committee include providing
advice and recommendations to the Administrator, the FedRAMP Board,
and agencies on technical, financial, programmatic, and operational
matters regarding secure adoption of cloud computing products and
services.
``(b) Members.--
``(1) Composition.--The Committee shall be comprised of not
more than 15 members who are qualified representatives from the
public and private sectors, appointed by the Administrator, in
consultation with the Director, as follows:
``(A) The Administrator or the Administrator's designee,
who shall be the Chair of the Committee.
``(B) At least 1 representative each from the Cybersecurity
and Infrastructure Security Agency and the National Institute
of Standards and Technology.
``(C) At least 2 officials who serve as the Chief
Information Security Officer within an agency, who shall be
required to maintain such a position throughout the duration of
their service on the Committee.
``(D) At least 1 official serving as Chief Procurement
Officer (or equivalent) in an agency, who shall be required to
maintain such a position throughout the duration of their
service on the Committee.
``(E) At least 1 individual representing an independent
assessment service.
``(F) At least 5 representatives from unique businesses
that primarily provide cloud computing services or products,
including at least 2 representatives from a small business
concern (as defined by section 3(a) of the Small Business Act
(15 U.S.C. 632(a))).
``(G) At least 2 other representatives of the Federal
Government as the Administrator determines necessary to provide
sufficient balance, insights, or expertise to the Committee.
``(2) Deadline for appointment.--Each member of the Committee
shall be appointed not later than 90 days after the date of
enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Each non-Federal member of the Committee
shall be appointed for a term of 3 years, except that the
initial terms for members may be staggered 1-, 2-, or 3-year
terms to establish a rotation in which one-third of the members
are selected each year. Any such member may be appointed for
not more than 2 consecutive terms.
``(B) Vacancies.--Any vacancy in the Committee shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made. Any member appointed
to fill a vacancy occurring before the expiration of the term
for which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member may
serve after the expiration of that member's term until a
successor has taken office.
``(c) Meetings and Rules of Procedures.--
``(1) Meetings.--The Committee shall hold not fewer than 3
meetings in a calendar year, at such time and place as determined
by the Chair.
``(2) Initial meeting.--Not later than 120 days after the date
of enactment of this section, the Committee shall meet and begin
the operations of the Committee.
``(3) Rules of procedure.--The Committee may establish rules
for the conduct of the business of the Committee if such rules are
not inconsistent with this section or other applicable law.
``(d) Employee Status.--
``(1) In general.--A member of the Committee (other than a
member who is appointed to the Committee in connection with another
Federal appointment) shall not be considered an employee of the
Federal Government by reason of any service as such a member,
except for the purposes of section 5703 of title 5, relating to
travel expenses.
``(2) Pay not permitted.--A member of the Committee covered by
paragraph (1) may not receive pay by reason of service on the
Committee.
``(e) Applicability to the Federal Advisory Committee Act.--Section
14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Committee.
``(f) Detail of Employees.--Any Federal Government employee may be
detailed to the Committee without reimbursement from the Committee, and
such detailee shall retain the rights, status, and privileges of his or
her regular employment without interruption.
``(g) Postal Services.--The Committee may use the United States
mails in the same manner and under the same conditions as agencies.
``(h) Reports.--
``(1) Interim reports.--The Committee may submit to the
Administrator and Congress interim reports containing such
findings, conclusions, and recommendations as have been agreed to
by the Committee.
``(2) Annual reports.--Not later than 540 days after the date
of enactment of this section, and annually thereafter, the
Committee shall submit to the Administrator and Congress a report
containing such findings, conclusions, and recommendations as have
been agreed to by the Committee.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 36 of title 44, United States Code, is amended by adding at the
end the following new items:
``3607. Definitions.
``3608. Federal Risk and Authorization Management Program.
``3609. Roles and responsibilities of the General Services
Administration.
``3610. FedRAMP Board.
``3611. Independent assessment.
``3612. Declaration of foreign interests.
``3613. Roles and responsibilities of agencies.
``3614. Roles and responsibilities of the Office of Management and
Budget.
``3615. Reports to Congress; GAO report.
``3616. Federal Secure Cloud Advisory Committee.''.
(d) Sunset.--
(1) In general.--Effective on the date that is 5 years after
the date of enactment of this Act, chapter 36 of title 44, United
States Code, is amended by striking sections 3607 through 3616.
(2) Conforming amendment.--Effective on the date that is 5
years after the date of enactment of this Act, the table of
sections for chapter 36 of title 44, United States Code, is amended
by striking the items relating to sections 3607 through 3616.
(e) Rule of Construction.--Nothing in this section or any amendment
made by this section shall be construed as altering or impairing the
authorities of the Director of the Office of Management and Budget or
the Secretary of Homeland Security under subchapter II of chapter 35 of
title 44, United States Code.
Subtitle D--Judicial Security and Privacy
SEC. 5931. SHORT TITLE.
This subtitle may be cited as the ``Daniel Anderl Judicial Security
and Privacy Act of 2022''.
SEC. 5932. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Members of the Federal judiciary perform the important
function of interpreting the Constitution of the United States and
administering justice in a fair and impartial manner.
(2) In recent years, partially as a result of the rise in the
use of social media and online access to information, members of
the Federal judiciary have been exposed to an increased number of
personal threats in connection to their role. The ease of access to
free or inexpensive sources of covered information has considerably
lowered the effort required for malicious actors to discover where
individuals live and where they spend leisure hours and to find
information about their family members. Such threats have included
calling a judge a traitor with references to mass shootings and
serial killings, a murder attempt on a justice of the Supreme Court
of the United States, calling for an ``angry mob'' to gather
outside a home of a judge and, in reference to a judge on the court
of appeals of the United States, stating how easy it would be to
``get them''.
(3) Between 2015 and 2019, threats and other inappropriate
communications against Federal judges and other judiciary personnel
increased from 926 in 2015 to approximately 4,449 in 2019.
(4) Over the past decade, several members of the Federal
judiciary have experienced acts of violence against themselves or a
family member in connection to their Federal judiciary role,
including the murder in 2005 of the family of Joan Lefkow, a judge
for the United States District Court for the Northern District of
Illinois.
(5) On Sunday July 19, 2020, an assailant went to the home of
Esther Salas, a judge for the United States District Court for the
District of New Jersey, impersonating a package delivery driver,
opening fire upon arrival, and killing Daniel Anderl, the 20-year-
old only son of Judge Salas, and seriously wounding Mark Anderl,
her husband.
(6) In the aftermath of the recent tragedy that occurred to
Judge Salas and in response to the continuous rise of threats
against members of the Federal judiciary, there is an immediate
need for enhanced security procedures and increased availability of
tools to protect Federal judges and their families.
(b) Purpose.--The purpose of this subtitle is to improve the safety
and security of Federal judges, including senior, recalled, or retired
Federal judges, and their immediate family members to ensure Federal
judges are able to administer justice fairly without fear of personal
reprisal from individuals affected by the decisions they make in the
course of carrying out their public duties.
SEC. 5933. DEFINITIONS.
In this subtitle:
(1) At-risk individual.--The term ``at-risk individual''
means--
(A) a Federal judge;
(B) a senior, recalled, or retired Federal judge;
(C) any individual who is the spouse, parent, sibling, or
child of an individual described in subparagraph (A) or (B);
(D) any individual to whom an individual described in
subparagraph (A) or (B) stands in loco parentis; or
(E) any other individual living in the household of an
individual described in subparagraph (A) or (B).
(2) Covered information.--The term ``covered information''--
(A) means--
(i) a home address, including primary residence or
secondary residences;
(ii) a home or personal mobile telephone number;
(iii) a personal email address;
(iv) a social security number or driver's license
number;
(v) a bank account or credit or debit card information;
(vi) a license plate number or other unique identifiers
of a vehicle owned, leased, or regularly used by an at-risk
individual;
(vii) the identification of children of an at-risk
individual under the age of 18;
(viii) the full date of birth;
(ix) information regarding current or future school or
day care attendance, including the name or address of the
school or day care, schedules of attendance, or routes
taken to or from the school or day care by an at-risk
individual; or
(x) information regarding the employment location of an
at-risk individual, including the name or address of the
employer, employment schedules, or routes taken to or from
the employer by an at-risk individual; and
(B) does not include information regarding employment with
a Government agency.
(3) Data broker.--
(A) In general.--The term ``data broker'' means an entity
that collects and sells or licenses to third parties the
personal information of an individual with whom the entity does
not have a direct relationship..
(B) Exclusion.--The term ``data broker'' does not include a
commercial entity engaged in the following activities:
(i) Engaging in reporting, news-gathering, speaking, or
other activities intended to inform the public on matters
of public interest or public concern.
(ii) Providing 411 directory assistance or directory
information services, including name, address, and
telephone number, on behalf of or as a function of a
telecommunications carrier.
(iii) Using personal information internally, providing
access to businesses under common ownership or affiliated
by corporate control, or selling or providing data for a
transaction or service requested by or concerning the
individual whose personal information is being transferred.
(iv) Providing publicly available information via real-
time or near-real-time alert services for health or safety
purposes.
(v) A consumer reporting agency subject to the Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.).
(vi) A financial institution subject to the Gramm-
Leach-Bliley Act (Public Law 106-102) and regulations
implementing that title.
(vii) A covered entity for purposes of the privacy
regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note).
(viii) The collection and sale or licensing of covered
information incidental to conducting the activities
described in clauses (i) through (vii).
(4) Federal judge.--The term ``Federal judge'' means--
(A) a justice of the United States or a judge of the United
States, as those terms are defined in section 451 of title 28,
United States Code;
(B) a bankruptcy judge appointed under section 152 of title
28, United States Code;
(C) a United States magistrate judge appointed under
section 631 of title 28, United States Code;
(D) a judge confirmed by the United States Senate and
empowered by statute in any commonwealth, territory, or
possession to perform the duties of a Federal judge;
(E) a judge of the United States Court of Federal Claims
appointed under section 171 of title 28, United States Code;
(F) a judge of the United States Court of Appeals for
Veterans Claims appointed under section 7253 of title 38,
United States Code;
(G) a judge of the United States Court of Appeals for the
Armed Forces appointed under section 942 of title 10, United
States Code;
(H) a judge of the United States Tax Court appointed under
section 7443 of the Internal Revenue Code of 1986; and
(I) a special trial judge of the United States Tax Court
appointed under section 7443A of the Internal Revenue Code of
1986.
(5) Government agency.--The term ``Government agency''
includes--
(A) an Executive agency, as defined in section 105 of title
5, United States Code; and
(B) any agency in the judicial branch or legislative
branch.
(6) Immediate family member.--The term ``immediate family
member'' means--
(A) any individual who is the spouse, parent, sibling, or
child of an at-risk individual;
(B) any individual to whom an at-risk individual stands in
loco parentis; or
(C) any other individual living in the household of an at-
risk individual.
(7) Interactive computer service.--The term ``interactive
computer service'' has the meaning given the term in section 230 of
the Communications Act of 1934 (47 U.S.C. 230).
(8) Transfer.--The term ``transfer'' means to sell, license,
trade, or exchange for consideration the covered information of an
at-risk individual or immediate family member.
SEC. 5934. PROTECTING COVERED INFORMATION IN PUBLIC RECORDS.
(a) Government Agencies.--
(1) In general.--Each at-risk individual may--
(A) file written notice of the status of the individual as
an at-risk individual, for themselves and immediate family
members, with each Government agency that includes information
necessary to ensure compliance with this section; and
(B) request that each Government agency described in
subparagraph (A) mark as private their covered information and
that of their immediate family members.
(2) No public posting.--Government agencies shall not publicly
post or display publicly available content that includes covered
information of an at-risk individual or immediate family member.
Government agencies, upon receipt of a written request under
paragraph (1)(A), shall remove the covered information of the at-
risk individual or immediate family member from publicly available
content not later than 72 hours after such receipt.
(3) Exceptions.--Nothing in this section shall prohibit a
Government agency from providing access to records containing the
covered information of a Federal judge to a third party if the
third party--
(A) possesses a signed release from the Federal judge or a
court order;
(B) is subject to the requirements of title V of the Gramm-
Leach-Bliley Act (15 U.S.C. 6801 et seq.); or
(C) executes a confidentiality agreement with the
Government agency.
(b) Delegation of Authority.--
(1) In general.--An at-risk individual may directly, or through
an agent designated by the at-risk individual, make any notice or
request required or authorized by this section on behalf of the at-
risk individual. The notice or request shall be in writing and
contain information necessary to ensure compliance with this
section, including information expressly referencing the
prohibition on the posting or transfer of covered information,
information regarding redress and penalties for violations provided
in subsection (f), and contact information to allow the recipient
to verify the accuracy of any notice or request and answer
questions by the recipient of the notice or request.
(2) Authorization of government agencies to make requests.--
(A) Administrative office of the united states courts.--
Upon written request of an at-risk individual described in
subparagraphs (A) through (E) of section 5933(4), the Director
of the Administrative Office of the United States Courts is
authorized to make any notice or request required or authorized
by this section on behalf of the at-risk individual. The notice
or request shall include information necessary to ensure
compliance with this section, as determined by the
Administrative Office of the United States Courts. The Director
may delegate this authority under section 602(d) of title 28,
United States Code. Any notice or request made under this
subsection shall be deemed to have been made by the at-risk
individual and comply with the notice and request requirements
of this section.
(B) United states court of appeals for veterans claims.--
Upon written request of an at-risk individual described in
section 5933(4)(F), the chief judge of the United States Court
of Appeals for Veterans Claims is authorized to make any notice
or request required or authorized by this section on behalf of
the at-risk individual. Any notice or request made under this
subsection shall be deemed to have been made by the at-risk
individual and comply with the notice and request requirements
of this section.
(C) United states court of appeals for the armed forces.--
Upon written request of an at-risk individual described in
section 5933(4)(G), the chief judge of the United States Court
of Appeals for the Armed Forces is authorized to make any
notice or request required or authorized by this section on
behalf of the at-risk individual. Any notice or request made
under this subsection shall be deemed to have been made by the
at-risk individual and comply with the notice and request
requirements of this section.
(D) United states tax court.--Upon written request of an
at-risk individual described in subparagraph (H) or (I) of
section 5933(4), the chief judge of the United States Tax Court
is authorized to make any notice or request required or
authorized by this section on behalf of the at-risk individual.
Any notice or request made under this subsection shall be
deemed to have been made by the at-risk individual and comply
with the notice and request requirements of this section.
(c) State and Local Governments.--
(1) Grant program to prevent disclosure of personal information
of at-risk individuals or immediate family members.--
(A) Authorization.--The Attorney General may make grants to
prevent the release of covered information of at-risk
individuals and immediate family members (in this subsection
referred to as ``judges' covered information'') to the
detriment of such individuals or their immediate family members
to an entity that--
(i) is--
(I) a State or unit of local government, as defined
in section 901 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10251); or
(II) an agency of a State or unit of local
government; and
(ii) operates a State or local database or registry
that contains covered information.
(B) Application.--An entity seeking a grant under this
subsection shall submit to the Attorney General an application
at such time, in such manner, and containing such information
as the Attorney General may reasonably require.
(2) Scope of grants.--Grants made under this subsection may be
used to create or expand programs designed to protect judges'
covered information, including through--
(A) the creation of programs to redact or remove judges'
covered information, upon the request of an at-risk individual,
from public records in State agencies, including hiring a third
party to redact or remove judges' covered information from
public records;
(B) the expansion of existing programs that the State may
have enacted in an effort to protect judges' covered
information;
(C) the development or improvement of protocols,
procedures, and policies to prevent the release of judges'
covered information;
(D) the defrayment of costs of modifying or improving
existing databases and registries to ensure that judges'
covered information is covered from release; and
(E) the development of confidential opt out systems that
will enable at-risk individuals to make a single request to
keep judges' covered information out of multiple databases or
registries.
(3) Report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter, the
Comptroller General of the United States, shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives an annual report
that includes--
(i) a detailed amount spent by States and local
governments on protecting judges' covered information;
(ii) where the judges' covered information was found;
and
(iii) the collection of any new types of personal data
found to be used to identify judges who have received
threats, including prior home addresses, employers, and
institutional affiliations such as nonprofit boards.
(B) States and local governments.--States and local
governments that receive funds under this subsection shall
submit to the Comptroller General of the United States a report
on data described in clauses (i) and (ii) of subparagraph (A)
to be included in the report required under that subparagraph.
(d) Data Brokers and Other Businesses.--
(1) Prohibitions.--
(A) Data brokers.--It shall be unlawful for a data broker
to knowingly sell, license, trade for consideration, transfer,
or purchase covered information of an at-risk individual or
immediate family members.
(B) Other persons and businesses.--
(i) In general.--Except as provided in clause (ii), no
person, business, or association shall publicly post or
publicly display on the internet covered information of an
at-risk individual or immediate family member if the at-
risk individual has made a written request to that person,
business, or association not to disclose or acquire the
covered information of the at-risk individual or immediate
family member.
(ii) Exceptions.--Clause (i) shall not apply to--
(I) the display on the internet of the covered
information of an at-risk individual or immediate
family member if the information is relevant to and
displayed as part of a news story, commentary,
editorial, or other speech on a matter of public
concern;
(II) covered information that the at-risk
individual voluntarily publishes on the internet after
the date of enactment of this Act; or
(III) covered information lawfully received from a
Federal Government source (or from an employee or agent
of the Federal Government).
(2) Required conduct.--
(A) In general.--After receiving a written request under
paragraph (1)(B), the person, business, or association shall--
(i) remove within 72 hours the covered information
identified in the written request from the internet and
ensure that the information is not made available on any
website or subsidiary website controlled by that person,
business, or association and identify any other instances
of the identified information that should also be removed;
and
(ii) assist the sender to locate the covered
information of the at-risk individual or immediate family
member posted on any website or subsidiary website
controlled by that person, business, or association.
(B) Transfer.--
(i) In general.--Except as provided in clause (ii),
after receiving a written request under paragraph (1)(B),
the person, business, or association shall not transfer the
covered information of the at-risk individual or immediate
family member to any other person, business, or association
through any medium.
(ii) Exceptions.--Clause (i) shall not apply to--
(I) the transfer of the covered information of the
at-risk individual or immediate family member if the
information is relevant to and displayed as part of a
news story, commentary, editorial, or other speech on a
matter of public concern;
(II) covered information that the at-risk
individual or immediate family member voluntarily
publishes on the internet after the date of enactment
of this Act; or
(III) a transfer made at the request of the at-risk
individual or that is necessary to effectuate a request
to the person, business, or association from the at-
risk individual.
(e) Data Security.--
(1) Recipients.--Any interactive computer service shall
implement and maintain reasonable security procedures and practices
to protect any information collected or received to comply with the
requirements of this subtitle from unauthorized use, disclosure,
access, destruction, or modification.
(2) Government custodians.--The Administrative Office of the
United States Courts and the administrators of the courts described
in this subtitle shall implement and maintain reasonable security
procedures and practices to protect any information they collect,
receive, or transmit pursuant to the provisions of this subtitle.
(f) Redress and Penalties.--
(1) In general.--If the covered information of an at-risk
individual described in subparagraphs (A) through (E) of section
5933(4) or their immediate family is made public as a result of a
violation of this subtitle, the Director of the Administrative
Office of the United States Courts, or the designee of the
Director, may file an action seeking injunctive or declaratory
relief in any court of competent jurisdiction, through the
Department of Justice.
(2) Authority.--The respective chief judge for judges described
in subparagraphs (B), (C), and (D) of section 5934(b)(2) shall have
the same authority as the Director under this paragraph for at-risk
individuals in their courts or their immediate family members.
(3) Penalties and damages.--If a person, business, or
association knowingly violates an order granting injunctive or
declarative relief under paragraph (1), the court issuing such
order may--
(A) if the person, business, or association is a government
agency--
(i) impose a fine not greater than $4,000; and
(ii) award to the at-risk individual or their immediate
family, as applicable, court costs and reasonable
attorney's fees; and
(B) if the person, business, or association is not a
government agency, award to the at-risk individual or their
immediate family, as applicable--
(i) an amount equal to the actual damages sustained by
the at-risk individual or their immediate family; and
(ii) court costs and reasonable attorney's fees.
SEC. 5935. TRAINING AND EDUCATION.
Amounts appropriated to the Federal judiciary for fiscal year 2022,
and each fiscal year thereafter, may be used for biannual judicial
security training for active, senior, or recalled Federal judges
described in subparagraph (A), (B), (C), (D), or (E) of section 5933(4)
and their immediate family members, including--
(1) best practices for using social media and other forms of
online engagement and for maintaining online privacy;
(2) home security program and maintenance;
(3) understanding removal programs and requirements for covered
information; and
(4) any other judicial security training that the United States
Marshals Services and the Administrative Office of the United
States Courts determines is relevant.
SEC. 5936. VULNERABILITY MANAGEMENT CAPABILITY.
(a) Authorization.--
(1) Vulnerability management capability.--The Federal judiciary
is authorized to perform all necessary functions consistent with
the provisions of this subtitle and to support existing threat
management capabilities within the United States Marshals Service
and other relevant Federal law enforcement and security agencies
for active, senior, recalled, and retired Federal judges described
in subparagraphs (A), (B), (C), (D), and (E) of section 5933(4),
including--
(A) monitoring the protection of at-risk individuals and
judiciary assets;
(B) managing the monitoring of websites for covered
information of at-risk individuals and immediate family members
and remove or limit the publication of such information;
(C) receiving, reviewing, and analyzing complaints by at-
risk individuals of threats, whether direct or indirect, and
report such threats to law enforcement partners; and
(D) providing training described in section 5935.
(2) Vulnerability management for certain article i courts.--The
functions and support authorized in paragraph (1) shall be
authorized as follows:
(A) The chief judge of the United States Court of Appeals
for Veterans Claims is authorized to perform such functions and
support for the Federal judges described in section 5933(4)(F).
(B) The United States Court of Appeals for the Armed Forces
is authorized to perform such functions and support for the
Federal judges described in section 5933(4)(G).
(C) The United States Tax Court is authorized to perform
such functions and support for the Federal judges described in
subparagraphs (H) and (I) of section 5933(4).
(3) Technical and conforming amendment.--Section 604(a) of
title 28, United States Code is amended--
(A) in paragraph (23), by striking ``and'' at the end;
(B) in paragraph (24) by striking ``him'' and inserting
``the Director'';
(C) by redesignating paragraph (24) as paragraph (25); and
(D) by inserting after paragraph (23) the following:
``(24) Establish and administer a vulnerability management
program in the judicial branch; and''.
(b) Expansion of Capabilities of Office of Protective
Intelligence.--
(1) In general.--The United States Marshals Service is
authorized to expand the current capabilities of the Office of
Protective Intelligence of the Judicial Security Division to
increase the workforce of the Office of Protective Intelligence to
include additional intelligence analysts, United States deputy
marshals, and any other relevant personnel to ensure that the
Office of Protective Intelligence is ready and able to perform all
necessary functions, consistent with the provisions of this
subtitle, in order to anticipate and deter threats to the Federal
judiciary, including--
(A) assigning personnel to State and major urban area
fusion and intelligence centers for the specific purpose of
identifying potential threats against the Federal judiciary and
coordinating responses to such potential threats;
(B) expanding the use of investigative analysts, physical
security specialists, and intelligence analysts at the 94
judicial districts and territories to enhance the management of
local and distant threats and investigations; and
(C) increasing the number of United States Marshal Service
personnel for the protection of the Federal judicial function
and assigned to protective operations and details for the
Federal judiciary.
(2) Information sharing.--If any of the activities of the
United States Marshals Service uncover information related to
threats to individuals other than Federal judges, the United States
Marshals Service shall, to the maximum extent practicable, share
such information with the appropriate Federal, State, and local law
enforcement agencies.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Department of Justice, in consultation
with the Administrative Office of the United States Courts, the
United States Court of Appeals for Veterans Claims, the United
States Court of Appeals for the Armed Forces, and the United States
Tax Court, shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report on the security of Federal judges arising
from Federal prosecutions and civil litigation.
(2) Description.--The report required under paragraph (1) shall
describe--
(A) the number and nature of threats and assaults against
at-risk individuals handling prosecutions and other matters
described in paragraph (1) and the reporting requirements and
methods;
(B) the security measures that are in place to protect at-
risk individuals handling prosecutions described in paragraph
(1), including threat assessments, response procedures, the
availability of security systems and other devices, firearms
licensing such as deputations, and other measures designed to
protect the at-risk individuals and their immediate family
members; and
(C) for each requirement, measure, or policy described in
subparagraphs (A) and (B), when the requirement, measure, or
policy was developed and who was responsible for developing and
implementing the requirement, measure, or policy.
(3) Public posting.--The report described in paragraph (1)
shall, in whole or in part, be exempt from public disclosure if the
Attorney General determines that such public disclosure could
endanger an at-risk individual.
SEC. 5937. RULES OF CONSTRUCTION.
(a) In General.--Nothing in this subtitle shall be construed--
(1) to prohibit, restrain, or limit--
(A) the lawful investigation or reporting by the press of
any unlawful activity or misconduct alleged to have been
committed by an at-risk individual or their immediate family
member; or
(B) the reporting on an at-risk individual or their
immediate family member regarding matters of public concern;
(2) to impair access to decisions and opinions from a Federal
judge in the course of carrying out their public functions;
(3) to limit the publication or transfer of covered information
with the written consent of the at-risk individual or their
immediate family member; or
(4) to prohibit information sharing by a data broker to a
Federal, State, Tribal, or local government, or any unit thereof.
(b) Protection of Covered Information.--This subtitle shall be
broadly construed to favor the protection of the covered information of
at-risk individuals and their immediate family members.
SEC. 5938. SEVERABILITY.
If any provision of this subtitle, an amendment made by this
subtitle, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this subtitle and the amendments made by this subtitle, and the
application of the remaining provisions of this subtitle and amendments
to any person or circumstance shall not be affected.
SEC. 5939. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
subtitle shall take effect on the date of enactment of this Act.
(b) Exception.--Subsections (c)(1), (d), and (e) of section 5934
shall take effect on the date that is 120 days after the date of
enactment of this Act.
Subtitle E--Other Matters
SEC. 5941. SECRETARY OF AGRICULTURE REPORT ON IMPROVING SUPPLY CHAIN
SHORTFALLS AND INFRASTRUCTURE NEEDS AT WHOLESALE PRODUCE MARKETS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Agriculture shall submit to the
appropriate congressional committees a report on--
(1) the 5 largest wholesale produce markets by annual sales and
volume over the preceding 4 calendar years; and
(2) a representative sample of 8 wholesale produce markets that
are not among the largest wholesale produce markets.
(b) Contents.--The report under subsection (a) shall contain the
following:
(1) An analysis of the supply chain shortfalls in each
wholesale produce market identified under subsection (a), which
shall include an analysis of the following:
(A) State of repair of infrastructure, including roads,
food storage units, and refueling stations.
(B) Disaster preparedness, including with respect to cyber
attacks, weather events, and terrorist attacks.
(C) Disaster recovery systems, including coordination with
State and Federal agencies.
(2) A description of any actions the Secretary recommends be
taken as a result of the analysis under paragraph (1).
(3) Recommendations, as appropriate, for wholesale produce
market owners and operators, and State and local entities to
improve the supply chain shortfalls identified under paragraph (1).
(4) Proposals, as appropriate, for legislative actions and
funding needed to improve the supply chain shortfalls.
(c) Consultation.--In completing the report under subsection (a),
the Secretary of Agriculture shall consult with the Secretary of
Transportation, the Secretary of Homeland Security, wholesale produce
market owners and operators, State and local entities, and other
agencies or stakeholders, as determined appropriate by the Secretary.
(d) Appropriate Congressional Committees.--For the purposes of this
section, the term ``appropriate congressional committees'' means the
Committee on Agriculture, the Committee on Homeland Security, and the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and Technology,
the Committee on Homeland Security and Governmental Affairs, and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
SEC. 5942. EXTENSION OF DEADLINE FOR TRANSFER OF PARCELS OF LAND IN NEW
MEXICO.
Section 3120 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (42 U.S.C. 2391 note) is amended by striking
``2022'' each place that it appears and inserting ``2032''.
SEC. 5943. ENDING GLOBAL WILDLIFE POACHING AND TRAFFICKING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should continue to work with
international partners, including nations, nongovernmental
organizations, and the private sector, to identify long-standing
and emerging areas of concern in wildlife poaching and trafficking
related to global supply and demand; and
(2) the activities and required reporting of the Presidential
Task Force on Wildlife Trafficking, as established by Executive
Order 13648 (78 Fed. Reg. 40621) and modified by sections 201 and
301 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking
Act of 2016 (16 U.S.C. 7621 and 7631), should be reauthorized to
minimize the disruption of the work of such Task Force.
(b) Definitions.--Section 2 of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is amended--
(1) in paragraph (3), by inserting ``involving local
communities'' after ``approach to conservation'';
(2) by amending paragraph (4) to read as follows:
``(4) Country of concern.--The term `country of concern' means
a foreign country specially designated by the Secretary of State
pursuant to section 201(b) as a major source of wildlife
trafficking products or their derivatives, a major transit point of
wildlife trafficking products or their derivatives, or a major
consumer of wildlife trafficking products, in which--
``(A) the government has actively engaged in, or knowingly
profited from, the trafficking of protected species; or
``(B) the government facilitates such trafficking through
conduct that may include a persistent failure to make serious
and sustained efforts to prevent and prosecute such
trafficking.''; and
(3) in paragraph (11), by striking ``section 201'' and
inserting ``section 301''.
(c) Framework for Interagency Response and Reporting.--
(1) Reauthorization of report on major wildlife trafficking
countries.--Section 201 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is amended--
(A) in subsection (a), by striking ``annually thereafter''
and inserting ``biennially thereafter by June 1 of each year in
which a report is required'';
(B) in subsection (b), by striking ``shall identify'' and
all that follows through the end of the subsection and
inserting ``shall also list each country determined by the
Secretary of State to be a country of concern within the
meaning of this Act''; and
(C) by striking subsection (c) and inserting the following:
``(c) Procedure for Removing Countries From List.--Concurrently
with the first report required under this section and submitted after
the date of the enactment of this subsection, the Secretary of State,
in consultation with the Secretary of the Interior and the Secretary of
Commerce, shall publish in the Federal Register a procedure for
removing from the list described in subsection (b) any country that no
longer meets the definition of country of concern under section 2(4).
``(d) Sunset.--This section shall cease to have force or effect on
September 30, 2028.''.
(2) Presidential task force on wildlife trafficking
responsibilities.--Section 301(a) of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631(a)) is
amended--
(A) in paragraph (4), by striking ``and'' at the end;
(B) by redesignating paragraph (5) as paragraph (9); and
(C) by inserting after paragraph (4) the following:
``(5) pursue programs and develop a strategy--
``(A) to expand the role of technology for anti-poaching
and anti-trafficking efforts, in partnership with the private
sector, foreign governments, academia, and nongovernmental
organizations (including technology companies and the
transportation and logistics sectors); and
``(B) to enable local governments to develop and use such
technologies;
``(6) consider programs and initiatives that address the
expansion of the illegal wildlife trade to digital platforms,
including the use of digital currency and payment platforms for
transactions by collaborating with the private sector, academia,
and nongovernmental organizations, including social media, e-
commerce, and search engine companies, as appropriate;
``(7)(A) implement interventions to address the drivers of
poaching, trafficking, and demand for illegal wildlife and wildlife
products in focus countries and countries of concern;
``(B) set benchmarks for measuring the effectiveness of such
interventions; and
``(C) consider alignment and coordination with indicators
developed by the Task Force;
``(8) consider additional opportunities to increase
coordination between law enforcement and financial institutions to
identify trafficking activity; and''.
(3) Presidential task force on wildlife trafficking strategic
review.--Section 301 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7631), as amended by
paragraph (2), is further amended--
(A) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``annually'' and inserting ``biennially'';
(ii) in paragraph (4), by striking ``and'' at the end;
(iii) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(6) an analysis of the indicators developed by the Task
Force, and recommended by the Government Accountability Office, to
track and measure inputs, outputs, law enforcement outcomes, and
the market for wildlife products for each focus country listed in
the report, including baseline measures, as appropriate, for each
indicator in each focus country to determine the effectiveness and
appropriateness of such indicators to assess progress and whether
additional or separate indicators, or adjustments to indicators,
may be necessary for focus countries.''; and
(B) in subsection (e), by striking ``5 years after'' and
all that follows and inserting ``on September 30, 2028''.
SEC. 5944. COST-SHARING REQUIREMENTS APPLICABLE TO CERTAIN BUREAU OF
RECLAMATION DAMS AND DIKES.
Section 4309 of the America's Water Infrastructure Act of 2018 (43
U.S.C. 377b note; Public Law 115-270) is amended--
(1) in the section heading, by inserting ``dams and'' before
``dikes'';
(2) in subsection (a), by striking ``effective beginning on the
date of enactment of this section, the Federal share of the
operations and maintenance costs of a dike described in subsection
(b)'' and inserting ``effective during the one-year period
beginning on the date of the enactment of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023, the
Federal share of the dam safety modifications costs of a dam or
dike described in subsection (b), including repairing or replacing
a gate or ancillary gate components,''; and
(3) in subsection (b)--
(A) in the subsection heading, by inserting ``Dams and ''
before ``Dikes'';
(B) in the matter preceding paragraph (1), by inserting
``dam or'' before ``dike'' each place it appears; and
(C) in paragraph (2), by striking ``December 31, 1945'' and
inserting ``December 31, 1948''.
SEC. 5945. TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
PROPERTY IN NORFOLK, VIRGINIA.
Section 1 of Public Law 110-393 is amended to read as follows:
``SEC. 1. TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
PROPERTY IN NORFOLK, VIRGINIA.
``(a) In General.--The Secretary shall convey all right, title, and
interest of the United States in and to the Norfolk Property to the
City, to be used by the City for the purposes of flood management and
control, such that--
``(1) the property described in subsection (k)(3)(A) shall be
conveyed to the City not later than 90 days after the date of the
enactment of this section; and
``(2) the property described in subsection (k)(3)(B) shall be
conveyed to the City not later than the earlier of--
``(A) the date on which the Secretary has transferred all
of the employees of the Administration from the facilities at
the Norfolk Property; or
``(B) 8 years after the date of the enactment of this
section.
``(b) Consideration.--
``(1) In general.--As consideration for the conveyance of the
Norfolk Property, the City shall pay to the United States an amount
equal to not less than the fair market value of the Norfolk
Property, as determined by the Secretary, based on the appraisal
described in subsection (g), which may consist of cash payment, in-
kind consideration as described in paragraph (3), or a combination
thereof.
``(2) Sufficiency of consideration.--
``(A) In general.--Consideration paid to the Secretary
under paragraph (1) must be sufficient, as determined by the
Secretary, to provide replacement space for and relocation of
any personnel, furniture, fixtures, equipment, and personal
property of any kind belonging to the Administration and
located upon the Norfolk Property.
``(B) Completion prior to conveyance.--Any cash
consideration must be paid in full and any in-kind
consideration must be complete, useable, and delivered to the
satisfaction of the Secretary at or prior to the time of the
conveyance of the Norfolk Property.
``(3) In-kind consideration.--In-kind consideration paid by the
City under paragraph (1) may include the acquisition, construction,
provision, improvement, maintenance, repair, or restoration
(including environmental restoration), or combination thereof, of
any facilities or infrastructure with proximity to the Norfolk
Property that the Secretary considers acceptable.
``(4) Treatment of cash consideration received.--Any cash
consideration received by the United States under paragraph (1)
shall be deposited in the special account in the Treasury under
subparagraph (A) of section 572(b)(5) of title 40, United States
Code, and shall be available in accordance with subparagraph
(B)(ii) of such section.
``(c) Costs of Conveyance.--All reasonable and necessary costs,
including real estate transaction and environmental documentation
costs, associated with the conveyance of the Norfolk Property to the
City under this section may be shared equitably by the Secretary and
the City, as determined by the Secretary, including by the City
providing in-kind contributions for any or all of such costs.
``(d) Proceeds.--Any proceeds from a conveyance of the Norfolk
Property under this section shall--
``(1) be credited as discretionary offsetting collections to
the currently applicable appropriations accounts, or funds of the
Administration; or
``(2) cover costs associated with the conveyance of the Norfolk
Property and related relocation efforts, and shall be made
available for such purposes only to the extent and in the amounts
provided in advance in appropriations Acts.
``(e) Survey.--The exact acreage and legal description of the
Norfolk Property shall be determined by a survey or surveys
satisfactory to the Secretary.
``(f) Condition; Quitclaim Deed.--The Norfolk Property shall be
conveyed--
``(1) in an `as is, where is' condition; and
``(2) via a quitclaim deed.
``(g) Fair Market Value.--
``(1) In general.--The fair market value of the Norfolk
Property shall be--
``(A) determined by an appraisal that--
``(i) is conducted by an independent appraiser selected
by the Secretary; and
``(ii) meets the requirements of paragraph (2); and
``(B) adjusted, at the discretion of the Secretary, based
on the factors described in paragraph (3).
``(2) Appraisal requirements.--An appraisal conducted under
paragraph (1)(A) shall be conducted in accordance with nationally
recognized appraisal standards, including the Uniform Standards of
Professional Appraisal Practice.
``(3) Factors.--The factors described in this paragraph are--
``(A) matters of equity and fairness;
``(B) actions taken by the City regarding the Norfolk
Property, including--
``(i) comprehensive waterfront planning, site
development, and other redevelopment activities supported
by the City in proximity to the Norfolk Property in
furtherance of the flood management and control efforts of
the City;
``(ii) in-kind contributions made to facilitate and
support use of the Norfolk Property by governmental
agencies; and
``(iii) maintenance expenses, capital improvements, or
emergency expenditures necessary to ensure public safety
and access to and from the Norfolk Property; and
``(C) such other factors as the Secretary determines
appropriate.
``(h) Compliance With Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.--In carrying out this section,
the Secretary shall comply with section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)).
``(i) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
of the Norfolk Property as the Secretary determines appropriate to
protect the interests of the United States.
``(j) Termination.--Notwithstanding any other provision of law, the
Secretary, acting through the Under Secretary and Administrator of the
Administration, is authorized to enter into a land lease with Mobile
County, Alabama for a period of not less than 40 years, on such terms
and conditions as the Administration deems appropriate, for purposes of
construction of a Gulf of Mexico Disaster Response Center facility,
provided that the lease is at no cost to the government. The
Administration may enter into agreements with State, local, or county
governments for purposes of joint use, operations, and occupancy of
such facility.
``(k) Definitions.--In this section:
``(1) Administration.--The term `Administration' means the
National Oceanic and Atmospheric Administration.
``(2) City.--The term `City' means the City of Norfolk,
Virginia.
``(3) Norfolk property.--The term `Norfolk Property' means--
``(A) the real property under the administrative
jurisdiction of the Administration, including land and
improvements thereon, located at 538 Front Street, Norfolk,
Virginia, consisting of approximately 3.78 acres; and
``(B) the real property under the administrative
jurisdiction of the Administration, including land and
improvements thereon, located at 439 W. York Street, Norfolk,
Virginia, consisting of approximately 2.5231 acres.
``(4) Secretary.--The term `Secretary' means the Secretary of
Commerce.''.
SEC. 5946. OTHER MATTERS.
(a) Brennan Reef.--
(1) Designation.--The reef described in paragraph (2) shall be
known and designated as ``Brennan Reef'' in honor of the late Rear
Admiral Richard T. Brennan of the National Oceanic and Atmospheric
Administration.
(2) Reef described.--The reef referred to in paragraph (1) is--
(A) between the San Miguel and Santa Rosa Islands on the
north side of the San Miguel Passage in the Channel Island
National Marine Sanctuary; and
(B) centered at 34 degrees, 03.12 minutes North and 120
degrees, 15.95 minutes West.
(3) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the reef
described in paragraph (2) shall be deemed to be a reference to
Brennan Reef.
(b) Prohibition on Sale of Shark Fins.--
(1) Prohibition.--Except as provided in paragraph (3), no
person shall possess, acquire, receive, transport, offer for sale,
sell, or purchase a shark fin or a product containing a shark fin.
(2) Penalty.--A violation of paragraph (1) shall be treated as
an act prohibited by section 307 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) and shall be
penalized pursuant to section 308 of that Act (16 U.S.C. 1858).
(3) Exceptions.--A person may possess a shark fin that was
taken lawfully pursuant to a Federal, State, or territorial license
or permit to take or land sharks if the shark fin was separated
after the first point of landing in a manner consistent with the
license or permit and is--
(A) destroyed or disposed of immediately upon separation
from the carcass;
(B) used for noncommercial subsistence purposes in
accordance with Federal, State, or territorial law; or
(C) used solely for display or research purposes by a
museum, college, or university pursuant to a Federal, State, or
territorial permit to conduct noncommercial scientific
research.
(4) Dogfish exemption.--
(A) In general.--It shall not be a violation of paragraph
(1) for a person to possess, acquire, receive, transport, offer
for sale, sell, or purchase a shark fin of a smooth dogfish
(Mustelus canis) or a spiny dogfish (Squalus acanthias).
(B) Report.--
(i) In general.--Not later than January 1, 2027, the
Secretary of Commerce shall review the exemption provided
by subparagraph (A) and submit to Congress a report
regarding such exemption that includes a recommendation to
continue or terminate the exemption.
(ii) Factors.--In carrying out clause (i), the
Secretary of Commerce shall analyze factors including--
(I) the impact of continuation and termination of
the exemption on the economic viability of dogfish
fisheries;
(II) the impact of continuation and termination of
the exemption on ocean ecosystems;
(III) the impact of the exemption on the
enforcement of the prohibition described in paragraph
(1); and
(IV) the impact of the exemption on shark
conservation.
(5) Enforcement.--This subsection, and any regulations issued
pursuant thereto, shall be enforced by the Secretary of Commerce,
who may use by agreement, with or without reimbursement, the
personnel, services, equipment, and facilities of another Federal
agency or of a State agency or Indian Tribe for the purpose of
enforcing this subsection.
(6) Rule of construction.--Nothing in this subsection may be
construed to preclude, deny, or limit any right of a State or
territory to adopt or enforce any regulation or standard that is
more stringent than a regulation or standard in effect under this
subsection.
(7) Severability.--If any provision of this subsection, or the
application thereof to any person or circumstance, is held invalid,
the validity of the remainder of the subsection and of the
application of any such provision to other persons and
circumstances shall not be affected thereby.
(8) Shark fin defined.--In this subsection, the term ``shark
fin'' means the unprocessed, dried, or otherwise processed detached
fin or tail of a shark.
SEC. 5947. ENHANCING TRANSPARENCY ON INTERNATIONAL AGREEMENTS AND NON-
BINDING INSTRUMENTS.
(a) Section 112b of Title 1, United States Code.--
(1) In general.--Section 112b of title 1, United States Code,
is amended to read as follows:
``Sec. 112b. United States international agreements and non-binding
instruments; transparency provisions
``(a)(1) Not less frequently than once each month, the Secretary
shall provide in writing to the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of Representatives,
and the appropriate congressional committees the following:
``(A)(i) A list of all international agreements and qualifying
non-binding instruments signed, concluded, or otherwise finalized
during the prior month.
``(ii) The text of all international agreements and qualifying
non-binding instruments described in clause (i).
``(iii) A detailed description of the legal authority that, in
the view of the Secretary, provides authorization for each
international agreement and that, in the view of the appropriate
department or agency, provides authorization for each qualifying
non-binding instrument provided under clause (ii) to become
operative. If multiple authorities are relied upon in relation to
an international agreement, the Secretary shall cite all such
authorities, and if multiple authorities are relied upon in
relation to a qualifying non-binding instrument, the appropriate
department or agency shall cite all such authorities. All citations
to the Constitution of the United States, a treaty, or a statute
shall include the specific article or section and subsection
reference whenever available and, if not available, shall be as
specific as possible. If the authority relied upon is or includes
article II of the Constitution of the United States, the Secretary
or appropriate department or agency shall explain the basis for
that reliance.
``(B)(i) A list of all international agreements that entered
into force and qualifying non-binding instruments that became
operative for the United States or an agency of the United States
during the prior month.
``(ii) The text of all international agreements and qualifying
non-binding instruments described in clause (i) if such text
differs from the text of the agreement or instrument previously
provided pursuant to subparagraph (A)(ii).
``(iii) A statement describing any new or amended statutory or
regulatory authority anticipated to be required to fully implement
each proposed international agreement and qualifying non-binding
instrument included in the list described in clause (i).
``(2) The information and text required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
``(b)(1) Not later than 120 days after the date on which an
international agreement enters into force, the Secretary shall make the
text of the agreement, and the information described in subparagraphs
(A)(iii) and (B)(iii) of subsection (a)(1) relating to the agreement,
available to the public on the website of the Department of State.
``(2) Not less frequently than once every 120 days, the Secretary
shall make the text of each qualifying non-binding instrument that
became operative during the preceding 120 days, and the information
described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1)
relating to each such instrument, available to the public on the
website of the Department of State.
``(3) The requirements under paragraphs (1) and (2) shall not apply
to the following categories of international agreements or qualifying
non-binding instruments, or to information described in subparagraphs
(A)(iii) and (B)(iii) of subsection (a)(1) relating to such agreements
or qualifying non-binding instruments:
``(A) International agreements and qualifying non-binding
instruments that contain information that has been given a national
security classification pursuant to Executive Order 13526 (50
U.S.C. 3161 note; relating to classified national security
information) or any predecessor or successor order, or that contain
any information that is otherwise exempt from public disclosure
pursuant to United States law.
``(B) International agreements and qualifying non-binding
instruments that address military operations, military exercises,
acquisition and cross servicing, logistics support, military
personnel exchange or education programs, or the provision of
health care to military personnel on a reciprocal basis.
``(C) International agreements and qualifying non-binding
instruments that establish the terms of grant or other similar
assistance, including in-kind assistance, financed with foreign
assistance funds pursuant to the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) or the Food for Peace Act (7 U.S.C. 1691 et
seq.).
``(D) International agreements and qualifying non-binding
instruments, such as project annexes and other similar instruments,
for which the principal function is to establish technical details
for the implementation of a specific project undertaken pursuant to
another agreement or qualifying non-binding instrument that has
been published in accordance with paragraph (1) or (2).
``(E) International agreements and qualifying non-binding
instruments that have been separately published by a depositary or
other similar administrative body, except that the Secretary shall
make the information described in subparagraphs (A)(iii) and
(B)(iii) of subsection (a)(1), relating to such agreements or
qualifying non-binding instruments, available to the public on the
website of the Department of State within the timeframes required
by paragraph (1) or (2).
``(c) For any international agreement or qualifying non-binding
instrument for which an implementing agreement or arrangement, or any
document of similar purpose or function to the aforementioned
regardless of the title of the document, is not otherwise required to
be submitted to the Majority Leader of the Senate, the Minority Leader
of the Senate, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, and the appropriate
congressional committees under subparagraphs (A)(ii) or (B)(ii) of
subsection (a)(1), not later than 30 days after the date on which the
Secretary receives a written communication from the Chair or Ranking
Member of either of the appropriate congressional committees requesting
the text of any such implementing agreements or arrangements, whether
binding or non-binding, the Secretary shall submit such implementing
agreements or arrangements to the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of Representatives,
and the appropriate congressional committees.
``(d) Any department or agency of the United States Government that
enters into any international agreement or qualifying non-binding
instrument on behalf of itself or the United States shall--
``(1) provide to the Secretary the text of each international
agreement not later than 15 days after the date on which such
agreement is signed or otherwise concluded;
``(2) provide to the Secretary the text of each qualifying non-
binding instrument not later than 15 days after the date on which
such instrument is concluded or otherwise becomes finalized;
``(3) provide to the Secretary a detailed description of the
legal authority that provides authorization for each qualifying
non-binding instrument to become operative not later than 15 days
after such instrument is signed or otherwise becomes finalized; and
``(4) on an ongoing basis, provide any implementing material to
the Secretary for transmittal to the Majority Leader of the Senate,
the Minority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, and the appropriate congressional committees as
needed to satisfy the requirements described in subsection (c).
``(e)(1) Each department or agency of the United States Government
that enters into any international agreement or qualifying non-binding
instrument on behalf of itself or the United States shall designate a
Chief International Agreements Officer, who shall--
``(A) be selected from among employees of such department or
agency;
``(B) serve concurrently as the Chief International Agreements
Officer; and
``(C) subject to the authority of the head of such department
or agency, have department- or agency-wide responsibility for
efficient and appropriate compliance with this section.
``(2) There shall be a Chief International Agreements Officer who
serves at the Department of State with the title of International
Agreements Compliance Officer.
``(f) The substance of oral international agreements shall be
reduced to writing for the purpose of meeting the requirements of
subsections (a) and (b).
``(g) Notwithstanding any other provision of law, an international
agreement may not be signed or otherwise concluded on behalf of the
United States without prior consultation with the Secretary. Such
consultation may encompass a class of agreements rather than a
particular agreement.
``(h)(1) Not later than 3 years after the date of the enactment of
this section, and not less frequently than once every 3 years
thereafter during the 9-year period beginning on the date of the
enactment of this section, the Comptroller General of the United States
shall conduct an audit of the compliance of the Secretary with the
requirements of this section.
``(2) In any instance in which a failure by the Secretary to comply
with such requirements is determined by the Comptroller General to have
been due to the failure or refusal of another agency to provide
information or material to the Department of State, or the failure to
do so in a timely manner, the Comptroller General shall engage such
other agency to determine--
``(A) the cause and scope of such failure or refusal;
``(B) the specific office or offices responsible for such
failure or refusal; and
``(C) recommendations for measures to ensure compliance with
statutory requirements.
``(3) The Comptroller General shall submit to the Majority Leader
of the Senate, the Minority Leader of the Senate, the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, and the appropriate congressional committees in
writing the results of each audit required by paragraph (1).
``(4) The Comptroller General and the Secretary shall make the
results of each audit required by paragraph (1) publicly available on
the websites of the Government Accountability Office and the Department
of State, respectively.
``(i) The President shall, through the Secretary, promulgate such
rules and regulations as may be necessary to carry out this section.
``(j) It is the sense of Congress that the executive branch should
not prescribe or otherwise commit to or include specific legislative
text in a treaty, executive agreement, or non-binding instrument unless
Congress has authorized such action.
``(k) In this section:
``(1) The term `appropriate congressional committees' means--
``(A) the Committee on Foreign Relations of the Senate; and
``(B) the Committee on Foreign Affairs of the House of
Representatives.
``(2) The term `appropriate department or agency' means the
department or agency of the United States Government that
negotiates and enters into a qualifying non-binding instrument on
behalf of itself or the United States.
``(3) The term `intelligence community' has the meaning given
that term in section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4)).
``(4) The term `international agreement' includes--
``(A) any treaty that requires the advice and consent of
the Senate, pursuant to article II of the Constitution of the
United States; and
``(B) any other international agreement to which the United
States is a party and that is not subject to the advice and
consent of the Senate.
``(5) The term `qualifying non-binding instrument'--
``(A) except as provided in subparagraph (B), means a non-
binding instrument that--
``(i) is or will be under negotiation, is signed or
otherwise becomes operative, or is implemented with one or
more foreign governments, international organizations, or
foreign entities, including non-state actors; and
``(ii)(I) could reasonably be expected to have a
significant impact on the foreign policy of the United
States; or
``(II) is the subject of a written communication from
the Chair or Ranking Member of either of the appropriate
congressional committees to the Secretary; and
``(B) does not include any non-binding instrument that is
signed or otherwise becomes operative or is implemented
pursuant to the authorities relied upon by the Department of
Defense, the Armed Forces of the United States, or any element
of the intelligence community.
``(6) The term `Secretary' means the Secretary of State.
``(7)(A) The term `text' with respect to an international
agreement or qualifying non-binding instrument includes--
``(i) any annex, appendix, codicil, side agreement, side
letter, or any document of similar purpose or function to the
aforementioned, regardless of the title of the document, that
is entered into contemporaneously and in conjunction with the
international agreement or qualifying non-binding instrument;
and
``(ii) any implementing agreement or arrangement, or any
document of similar purpose or function to the aforementioned
regardless of the title of the document, that is entered into
contemporaneously and in conjunction with the international
agreement or qualifying non-binding instrument.
``(B) As used in subparagraph (A), the term `contemporaneously
and in conjunction with'--
``(i) shall be construed liberally; and
``(ii) may not be interpreted to require any action to have
occurred simultaneously or on the same day.
``(l) Nothing in this section may be construed--
``(1) to authorize the withholding from disclosure to the
public of any record if such disclosure is required by law; or
``(2) to require the provision of any implementing agreement or
arrangement, or any document of similar purpose or function
regardless of its title, which was entered into by the Department
of Defense, the Armed Forces of the United States, or any element
of the intelligence community or any implementing material
originating with the aforementioned agencies, if such implementing
agreement, arrangement, document, or material was not required to
be provided to the Majority Leader of the Senate, the Minority
Leader of the Senate, the Speaker of the House of Representatives,
the Minority Leader of the House of Representatives, or the
appropriate congressional committees prior to the date of the
enactment of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 2 of title 1, United States Code, is amended by striking
the item relating to section 112b and inserting the following:
``112b. United States international agreements and non-binding
instruments; transparency provisions.''.
(3) Technical and conforming amendment relating to authorities
of the secretary of state.--Section 317(h)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 195c(h)(2)) is amended by striking
``Section 112b(c)'' and inserting ``Section 112b(g)''.
(4) Mechanism for reporting.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of State shall
establish a mechanism for personnel of the Department of State who
become aware or who have reason to believe that the requirements
under section 112b of title 1, United States Code, as amended by
paragraph (1), have not been fulfilled with respect to an
international agreement or qualifying non-binding instrument (as
such terms are defined in such section) to report such instances to
the Secretary.
(5) Rules and regulations.--Not later than 180 days after the
date of the enactment of this Act, the President, through the
Secretary of State, shall promulgate such rules and regulations as
may be necessary to carry out section 112b of title 1, United
States Code, as amended by paragraph (1).
(6) Consultation and briefing requirement.--
(A) Consultation.--The Secretary of State shall consult
with the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives on
matters related to the implementation of this section and the
amendments made by this section before and after the effective
date described in subsection (c).
(B) Briefing.--Not later than 90 days after the date of the
enactment of this Act, and once every 90 days thereafter for 1
year, the Secretary shall brief the Committee on Foreign
Relations of the Senate, the Committee on Appropriations of the
Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives regarding the status of efforts to
implement this section and the amendments made by this section.
(7) Authorization of appropriations.--There is authorized to be
appropriated to the Department of State $1,000,000 for each of the
fiscal years 2023 through 2027 for purposes of implementing the
requirements of section 112b of title 1, United States Code, as
amended by paragraph (1).
(b) Section 112a of Title 1, United States Code.--Section 112a of
title 1, United States Code, is amended--
(1) by striking subsections (b), (c), and (d); and
(2) by inserting after subsection (a) the following:
``(b) Copies of international agreements and qualifying non-binding
instruments in the possession of the Department of State, but not
published, other than the agreements described in section
112b(b)(3)(A), shall be made available by the Department of State upon
request.''.
(c) Effective Date of Amendments.--The amendments made by this
section shall take effect on the date that is 270 days after the date
of the enactment of this Act.
SEC. 5948. UKRAINE INVASION WAR CRIMES DETERRENCE AND ACCOUNTABILITY
ACT.
(a) Short Title.--This section may be cited as the ``Ukraine
Invasion War Crimes Deterrence and Accountability Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) in its premeditated, unprovoked, unjustified, and unlawful
full-scale invasion of Ukraine that commenced on February 24, 2022,
the military of the Government of the Russian Federation under the
direction of President Vladimir Putin has committed war crimes that
include but are not limited to--
(A) the deliberate targeting of civilians and injuring or
killing of noncombatants;
(B) the deliberate targeting and attacking of hospitals,
schools, and other non-military buildings dedicated to
religion, art, science, or charitable purposes, such as the
bombing of a theater in Mariupol that served as a shelter for
noncombatants and had the word ``children'' written clearly in
the Russian language outside;
(C) the indiscriminate bombardment of undefended dwellings
and buildings;
(D) the wanton destruction of property not justified by
military necessity;
(E) unlawful civilian deportations;
(F) the taking of hostages; and
(G) rape, or sexual assault or abuse;
(2) the use of chemical weapons by the Government of the
Russian Federation in Ukraine would constitute a war crime, and
engaging in any military preparations to use chemical weapons or to
develop, produce, stockpile, or retain chemical weapons is
prohibited by the Chemical Weapons Convention, to which the Russian
Federation is a signatory;
(3) Vladimir Putin has a long record of committing acts of
aggression, systematic abuses of human rights, and acts that
constitute war crimes or other atrocities both at home and abroad,
and the brutality and scale of these actions, including in the
Russian Federation republic of Chechnya, Georgia, Syria, and
Ukraine, demonstrate the extent to which his regime is willing to
flout international norms and values in the pursuit of its
objectives;
(4) Vladimir Putin has previously sanctioned the use of
chemical weapons at home and abroad, including in the poisonings of
Russian spy turned double agent Sergei Skripal and his daughter
Yulia and leading Russian opposition figure Aleksey Navalny, and
aided and abetted the use of chemical weapons by President Bashar
al-Assad in Syria; and
(5) in 2014, the Government of the Russian Federation initiated
its unprovoked war of aggression against Ukraine which resulted in
its illegal occupation of Crimea, the unrecognized declaration of
independence by the so-called ``Donetsk People's Republic'' and
``Luhansk People's Republic'' by Russia-backed proxies, and
numerous human rights violations and deaths of civilians in
Ukraine.
(c) Statement of Policy.--It is the policy of the United States--
(1) to collect, analyze, and preserve evidence and information
related to war crimes and other atrocities committed during the
full-scale Russian invasion of Ukraine that began on February 24,
2022, for use in appropriate domestic, foreign, and international
courts and tribunals prosecuting those responsible for such crimes
consistent with applicable law, including with the American Service
Members' Protection Act of 2002 (22 U.S.C. 7421 et seq.);
(2) to help deter the commission of war crimes and other
atrocities in Ukraine by publicizing to the maximum possible
extent, including among Russian and other foreign military
commanders and troops in Ukraine, efforts to identify and prosecute
those responsible for the commission of war crimes during the full-
scale Russian invasion of Ukraine that began on February 24, 2022;
and
(3) to continue efforts to identify, deter, and pursue
accountability for war crimes and other atrocities committed around
the world and by other perpetrators, and to leverage international
cooperation and best practices in this regard with respect to the
current situation in Ukraine.
(d) Report on United States Efforts.--Not later than 90 days after
the date of the enactment of this Act, and consistent with the
protection of intelligence sources and methods, the President shall
submit to the appropriate congressional committees a report, which may
include a classified annex, describing in detail the following:
(1) United States Government efforts to collect, analyze, and
preserve evidence and information related to war crimes and other
atrocities committed during the full-scale Russian invasion of
Ukraine since February 24, 2022, including a description of--
(A) the respective roles of various agencies, departments,
and offices, and the interagency mechanism established for the
coordination of such efforts;
(B) the types of information and evidence that are being
collected, analyzed, and preserved to help identify those
responsible for the commission of war crimes or other
atrocities during the full-scale Russian invasion of Ukraine in
2022; and
(C) steps taken to coordinate with, and support the work
of, allies, partners, international institutions and
organizations, and nongovernmental organizations in such
efforts.
(2) Media, public diplomacy, and information operations to make
Russian military commanders, troops, political leaders and the
Russian people aware of efforts to identify and prosecute those
responsible for the commission of war crimes or other atrocities
during the full-scale Russian invasion of Ukraine in 2022, and of
the types of acts that may be prosecutable.
(3) The process for a domestic, foreign, or international court
or tribunal to request and obtain from the United States Government
information related to war crimes or other atrocities committed
during the full-scale Russian invasion of Ukraine in 2022.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on the
Judiciary, the Committee on Armed Services, and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Foreign Relations, the Committee on
the Judiciary, the Committee on Armed Services, and the Select
Committee on Intelligence of the Senate.
(2) Atrocities.--The term ``atrocities'' has the meaning given
that term in section 6(2) of the Elie Wiesel Genocide and
Atrocities Prevention Act of 2018 (Public Law 115-441; 22 U.S.C.
2656 note).
(3) War crime.--The term ``war crime'' has the meaning given
that term in section 2441(c) of title 18, United States Code.
SEC. 5949. PROHIBITION ON CERTAIN SEMICONDUCTOR PRODUCTS AND SERVICES.
(a) Prohibition on Use or Procurement.--
(1) In general.--The head of an executive agency may not--
(A) procure or obtain, or extend or renew a contract to
procure or obtain, any electronic parts, products, or services
that include covered semiconductor products or services; or
(B) enter into a contract (or extend or renew a contract)
with an entity to procure or obtain electronic parts or
products that use any electronic parts or products that include
covered semiconductor products or services.
(2) Rule of construction.--
(A) In general.--Nothing in paragraph (1) shall be
construed--
(i) to require any covered semiconductor products or
services resident in equipment, systems, or services as of
the day before the applicable effective date specified in
subsection (c) to be removed or replaced;
(ii) to prohibit or limit the utilization of such
covered semiconductor products or services throughout the
lifecycle of such existing equipment;
(iii) to require the recipient of a Federal contract,
grant, loan, or loan guarantee to replace covered
semiconductor products or services resident in equipment,
systems, or services before the effective date specified in
subsection (c); or
(iv) to require the Federal Communications Commission
to designate covered semiconductor products or services to
its Covered Communications Equipment or Services List
maintained under section 2 of the Secured and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1603).
(B) Contracting prohibition.--Nothing in paragraph (1)(B)
shall be construed to cover products or services that include
covered semiconductor products or services in a system that is
not a critical system.
(b) Waiver Authority.--
(1) Secretary of defense.--The Secretary of Defense may provide
a waiver on a date later than the effective date described in
subsection (c) if the Secretary determines the waiver is in the
critical national security interests of the United States.
(2) Director of national intelligence.--The Director of
National Intelligence may provide a waiver on a date later than the
effective date described in subsection (c) if the Director
determines the waiver is in the critical national security
interests of the United States.
(3) Secretary of commerce.--The Secretary of Commerce, in
consultation with the Director of National Intelligence or the
Secretary of Defense, may provide a waiver on a date later than the
effective date described in subsection (c) if the Secretary
determines the waiver is in the critical national security
interests of the United States.
(4) Secretary of homeland security.--The Secretary of Homeland
Security, in consultation with the Director of National
Intelligence or the Secretary of Defense, may provide a waiver on a
date later than the effective date described in subsection (c) if
the Secretary determines the waiver is in the critical national
security interests of the United States.
(5) Secretary of energy.--The Secretary of Energy, in
consultation with the Director of National Intelligence or the
Secretary of Defense, may provide a waiver on a date later than the
effective date described in subsection (c) if the Secretary
determines the waiver is in the critical national security
interests of the United States.
(6) Executive agencies.--The head of an executive agency may
waive, for a renewable period of not more than two years per
waiver, the prohibitions under subsection (a) if--
(A) the head of the agency, in consultation with the
Secretary of Commerce, determines that no compliant product or
service is available to be procured as, and when, needed at
United States market prices or a price that is not considered
prohibitively expensive; and
(B) the head of the agency, in consultation with the
Secretary of Defense or the Director of National Intelligence,
determines that such waiver could not reasonably be expected to
compromise the critical national security interests of the
United States.
(7) Report to congress.--Not later than 30 days after granting
a waiver under this subsection, the head of the executive agency
granting such waiver shall submit to the appropriate committees of
Congress and leadership a report with a notification of such
waiver, including a justification for the waiver.
(c) Effective Dates and Regulations.--
(1) Effective date.--The prohibitions under subsection (a)
shall take effect five years after the date of the enactment of
this Act.
(2) Regulations.--Not later than three years after the date of
the enactment of this Act, the Federal Acquisition Regulatory
Council shall prescribe regulations implementing the prohibitions
under subsection (a), including a requirement for prime contractors
to incorporate the substance of such prohibitions and applicable
implementing contract clauses into contracts for the supply of
electronic parts or products.
(d) Office of Management and Budget Report and Briefing.--Not later
than 270 days after the effective date described in subsection (c)(1),
the Director of the Office of Management and Budget, in coordination
with the Director of National Intelligence and the National Cyber
Director, shall provide to the appropriate committees of Congress and
leadership a report and briefing on--
(1) the implementation of the prohibitions under subsection
(a), including any challenges in the implementation; and
(2) the effectiveness and utility of the waiver authority under
subsection (b).
(e) Analysis, Assessment, and Strategy.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Commerce,
in coordination with the Secretary of Defense, the Secretary of
Homeland Security, the Director of National Intelligence, and the
Secretary of Energy and, to the greatest extent practicable, leveraging
relevant previous analyses and assessments, shall--
(1) conduct an analysis of semiconductor design and production
capacity domestically and by allied or partner countries required
to meet the needs of the Federal Government, including analyses
regarding--
(A) semiconductors critical to national security, as
determined by the Secretary of Commerce, in consultation with
the Secretary of Defense and the Director of National
Intelligence, in accordance with section 9902(a)(6)(A)(i) of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283); and
(B) semiconductors classified as legacy semiconductors
pursuant to section 9902(a)(6)(A)(i) of William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283);
(2) assess the risk posed by the presence of covered
semiconductor products or services in Federal systems;
(3) assess the risk posed by the presence of covered
semiconductor products or services in the supply chains of Federal
contractors and subcontractors, including for non-Federal systems;
(4) develop a strategy to--
(A) improve the availability of domestic semiconductor
design and production capacity required to meet the
requirements of the Federal Government;
(B) support semiconductor product and service suppliers
seeking to contract with domestic, allied, or partner
semiconductor producers and to improve supply chain
traceability, including to meet the prohibitions under
subsection (a); and
(C) either certify the feasibility of implementing such
prohibitions or exercising waiver authorities under subsection
(b), to ensure uninterrupted Federal Government access to
required semiconductor products and services; and
(5) provide the results of the analysis, assessment, and
strategy developed under paragraphs (1) through (4) to the Federal
Acquisition Security Council.
(f) Governmentwide Traceability and Diversification Initiative.--
(1) In general.--Not later than two years after the date of the
enactment of this Act, the Secretary of Commerce, in coordination
with the Secretary of Homeland Security, the Secretary of Defense,
the Director of National Intelligence, the Director of the Office
of Management and Budget, and the Director of the Office of Science
and Technology Policy, and in consultation with industry, shall
establish a microelectronics traceability and diversification
initiative to coordinate analysis of and response to the Federal
Government microelectronics supply chain vulnerabilities.
(2) Elements.--The initiative established under paragraph (1)
shall include the following elements:
(A) Sharing best practices, refining microelectronics
standards, such as those established pursuant to section 224 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), and developing recommendations to identify
and mitigate, through diversification efforts, microelectronics
supply chain concerns.
(B) Developing an assessment framework to inform Federal
decisions on sourcing microelectronics, considering--
(i) chain of custody and traceability, including origin
and location of design, manufacturing, distribution,
shipping, and quantities;
(ii) confidentiality, including protection,
verification, and validation of intellectual property
included in microelectronics;
(iii) integrity, including--
(I) security weaknesses and vulnerabilities that
include potential supply chain attacks;
(II) risk analysis and consequence to system;
(III) risk of intentional or unintentional
modification or tampering; and
(IV) risk of insider threats, including integrity
of people and processes involved in the design and
manufacturing of microelectronics; and
(iv) availability, including--
(I) potential supply chain disruptions, including
due to natural disasters or geopolitical events;
(II) prioritization of parts designed and
manufactured in the United States and in allied or
partner countries to support and sustain the defense
and technology industrial base;
(III) risk associated with sourcing parts from
suppliers outside of the United States and allied and
partner countries, including long-term impacts on
availability of microelectronics produced domestically
or in allied or partner countries; and
(IV) obsolescence management and counterfeit
avoidance and detection.
(C) Developing a process for provenance and traceability
from design to disposal of microelectronics components and
intellectual property contained therein implementable across
the Federal acquisition system to improve reporting, data
analysis, and tracking.
(D) Developing and implementing policies and plans to
support the following:
(i) Development of domestic design and manufacturing
capabilities to replace covered semiconductor products or
services.
(ii) Utilization of the assessment framework developed
under subparagraph (B).
(iii) Implementation of the strategy required under
subsection (e)(4) as applicable.
(iv) Identification of and integration with existing
information reporting and data visualization systems in the
Federal Government, including modification to such systems
to track the information.
(v) A requirement to document microelectronics used in
systems and subsystems, including origin and location of
design and manufacturing, technologies used, and quantities
procured.
(vi) Elimination from Federal Government supply chains
of microelectronics from entities included on the
Consolidated Screening List maintained by the International
Trade Administration of the Department of Commerce.
(3) Coordination required.--In carrying out this subsection,
the Secretary of Commerce shall coordinate, as necessary, with the
following entities:
(A) The National Science and Technology Council
Subcommittee on Microelectronics Leadership.
(B) The Department of Commerce semiconductor industrial
advisory committee established under subsection 9906(b) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
(C) The White House Coordinator for CHIPS Implementation.
(D) The Federal Acquisition Security Council (FASC).
(E) The Government-Industry Working Group on
Microelectronics.
(F) The Joint Defense Manufacturing Technology Panel
(JDMTP).
(G) Standards development organizations.
(g) Federal Acquisition Security Council.--Not later than two years
after the date of the enactment of this Act, the Federal Acquisition
Security Council, in consultation with the Secretary of Commerce, the
Secretary of Defense, the Secretary of Homeland Security, the Director
of National Intelligence, and the Secretary of Energy, and after
engagement with the private sector and other nongovernmental
stakeholders in accordance with section 1323 of title 41, United States
Code, shall--
(1) issue recommendations to mitigate supply chain risks
relevant to Federal Government acquisition of semiconductor
products and services, considering--
(A) the analysis, assessment, and strategy developed under
subsection (e) and any related updates;
(B) the standards provided under section 224 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92), including any tiers of trust, levels of security,
or risk-based approaches established under such section;
(C) the extent to which such recommendations would enhance
the security of critical systems;
(D) the extent to which such recommendations would impact
Federal access to commercial technologies; and
(E) any risks to the Federal Government from contracting
with microelectronics suppliers that include covered
semiconductor products or services in non-Federal supply
chains; and
(2) make recommendations to the Federal Acquisition Regulatory
Council and the heads of executive agencies for any needed
regulations to mitigate supply chain risks.
(h) Applicability and Responsibilities of Covered Entities and
Contractors.--The regulations prescribed pursuant to subsection (c)(2)
shall--
(1) provide that contractors who supply a Federal agency with
electronic parts or products are responsible for--
(A) certifying to the non-use of covered semiconductor
products or services in such parts or products;
(B) detecting and avoiding the use or inclusion of such
covered semiconductor products or services in such parts or
products; and
(C) any rework or corrective action that may be required to
remedy the use or inclusion of such covered semiconductor
products or services in such parts or products;
(2) require covered entities to disclose to direct customers
the inclusion of a covered semiconductor product or service in
electronic parts, products, or services included in electronic
parts, products, or services subject to the contracting prohibition
under subsection (a) as to whether such supplied parts, products,
or services include covered semiconductors products or services;
(3) provide that a covered entity that fails to disclose the
inclusion to direct customers of a covered semiconductor product or
service in electronic parts, products, or services procured or
obtained by an executive agency in contravention of subsection (a)
shall be responsible for any rework or corrective action that may
be required to remedy the use or inclusion of such covered
semiconductor product or service;
(4) provide that the costs of covered semiconductor products or
services, suspect semiconductor products, and any rework or
corrective action that may be required to remedy the use or
inclusion of such products are not allowable costs for Federal
contracts;
(5) provide that--
(A) any covered entity or Federal contractor or
subcontractor who becomes aware, or has reason to suspect, that
any end item, component, or part of a critical system purchased
by the Federal Government, or purchased by a Federal contractor
or subcontractor for delivery to the Federal Government for any
critical system, that contains covered semiconductor products
or services shall notify appropriate Federal authorities in
writing within 60 days; and
(B) the Federal authorities shall report such information
to the appropriate committees of Congress and leadership within
120 days;
(6) provide that Federal bidders and contractors--
(A) may reasonably rely on the certifications of compliance
from covered entities and subcontractors who supply electronic
parts, products, or services when providing proposals to the
Federal Government; and
(B) are not required to conduct independent third party
audits or other formal reviews related to such certifications;
(7) provide that a Federal contractor or subcontractor that
provides a notification under paragraph (5) that does not regard
electronic parts or products manufactured or assembled by such
Federal contractor or subcontractor shall not be subject to civil
liability nor determined to not be a presently responsible
contractor on the basis of such notification; and
(8) provide that a Federal contractor or subcontractor that
provides a notification under paragraph (5) that regards electronic
parts or products manufactured or assembled by such Federal
contractor or subcontractor shall not be subject to civil liability
nor determined to not be a presently responsible contractor on the
basis of such notification if the Federal contractor or
subcontractor makes a comprehensive and documentable effort to
identify and remove covered semiconductor products or services from
the Federal supply.
(i) Reports.--
(1) Secretary of commerce.--Not later than 60 days after
completing the assessment required under subsection (e), the
Secretary of Commerce shall submit to the appropriate committees of
Congress and leadership--
(A) a report of the findings and recommendations of the
analyses, assessment, and strategy developed under such
subsection; and
(B) a report on development of the microelectronics
traceability and diversification initiative under subsection
(f)(1).
(2) Federal acquisition security council.--Not later than one
year after the date of the enactment of this Act, and annually
thereafter for ten years, the Federal Acquisition Security Council
shall include in the annual report submitted under section 1325 of
title 41, United States Code, a description of--
(A) the development of recommendations under subsection
(g), including the considerations described in paragraph (1) of
such subsection; and
(B) as applicable, the impact of any recommendations or
regulations implemented.
(j) Definitions.--In this section:
(1) Appropriate committees of congress and leadership.--The
term ``appropriate committees of Congress and leadership'' means--
(A) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Energy and Natural Resources, the Committee on Foreign
Relations, the Committee on Banking, Housing, and Urban
Affairs, the Select Committee on Intelligence, and the majority
and minority leaders of the Senate; and
(B) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Science, Space, and
Technology, the Committee on Oversight and Reform, the
Committee on Foreign Affairs, the Committee on Homeland
Security, the Permanent Select Committee on Intelligence, and
the Speaker, the majority leader, and the minority leader of
the of the House of Representatives.
(2) Covered entity.--The term ``covered entity'' means an
entity that--
(A) develops, domestically or abroad, a design of a
semiconductor that is the direct product of United States
origin technology or software; and
(B) purchases covered semiconductor products or services
from an entity described in subparagraph (A) or (C) of
paragraph (3).
(3) Covered semiconductor product or services.--The term
``covered semiconductor product or services'' means any of the
following:
(A) A semiconductor, a semiconductor product, a product
that incorporates a semiconductor product, or a service that
utilizes such a product, that is designed, produced or provided
by, Semiconductor Manufacturing International Corporation
(SMIC) (or any subsidiary, affiliate, or successor of such
entity).
(B) A semiconductor, a semiconductor product, a product
that incorporates a semiconductor product, or a service that
utilizes such a product, that is designed, produced, or
provided by ChangXin Memory Technologies (CXMT) or Yangtze
Memory Technologies Corp (YMTC) (or any subsidiary, affiliate,
or successor of such entities).
(C) A semiconductor, semiconductor product, or
semiconductor service produced or provided by an entity that
the Secretary of Defense or the Secretary of Commerce, in
consultation with the Director of the National Intelligence or
the Director of the Federal Bureau of Investigation, determines
to be an entity owned or controlled by, or otherwise connected
to, the government of a foreign country of concern, provided
that the determination with respect to such entity is published
in the Federal Register.
(4) Critical system.--The term ``critical system''--
(A) has the meaning given the term ``national security
system'' in section 11103(a)(1) of title 40, United States
Code;
(B) shall include additional systems identified by the
Federal Acquisition Security Council;
(C) shall include additional systems identified by the
Department of Defense, consistent with guidance provided under
section 224 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92); and
(D) shall not include a system to be used for routine
administrative and business applications (including payroll,
finance, logistics, and personnel management applications).
(5) Foreign country of concern.--The term ``foreign country of
concern'' has the meaning given the term in paragraph (7) of
section 9901 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651), as added
by section 103(a)(4) of the CHIPS Act of 2022 (division A of Public
Law 117-167).
(k) Extension of Federal Acquisition Security Supply Chain Act of
2018.--
(1) Subchapter iii of chapter 13 of title 41, united states
code.--Section 1328 of title 41, United States Code, is amended by
striking ``the date that is 5 years after the date of the enactment
of the Federal Acquisition Supply Chain Security Act of 2018'' and
inserting ``December 31, 2033''.
(2) Section 4713 of title 41, united states code.--Section
4713(j) of title 41, United States Code, is amended by striking
``the date that is 5 years after the date of the enactment of the
Federal Acquisition Supply Chain Security Act of 2018'' and
inserting ``December 31, 2033''.
(l) Authorization of Appropriations for Federal Acquisition
Security Council.--
(1) In general.--There is authorized to be appropriated
$3,000,000 for each of fiscal years 2023 through 2033 for the
Office of Management and Budget to support the activities of the
Federal Acquisition Security Council.
(2) Transfer authority.--The Director of the Office of
Management and Budget may transfer funds authorized to be
appropriated under paragraph (1) to other Federal agencies for the
performance of work for which the funds were authorized.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2023''.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified Schedule of Authorizations.
Sec. 6103. Intelligence Community Management Account.
Sec. 6104. Restriction on conduct of intelligence activities.
Sec. 6105. Increase in employee compensation and benefits authorized by
law.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Modification of requirements for certain employment
activities by former intelligence officers and employees.
Sec. 6302. Counterintelligence and national security protections for
intelligence community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement
jurisdiction to facilities of Office of Director of National
Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller
General of the United States for the Director of National
Intelligence.
Sec. 6305. Timely submission of classified intelligence budget
justification materials.
Sec. 6306. Copyright protection for civilian faculty of the National
Intelligence University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel
of intelligence community in positions highly vulnerable to
cyber attack.
Sec. 6309. Enforcement of cybersecurity requirements for national
security systems.
Sec. 6310. Review and briefing on intelligence community activities
under Executive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for
export controls and foreign investment screening.
Sec. 6312. Annual training requirement and report regarding analytic
standards.
Sec. 6313. Review of Joint Intelligence Community Council.
Sec. 6314. Required policy for minimum insider threat standards.
Sec. 6315. Unfunded priorities of the intelligence community.
Sec. 6316. Submission of covered documents and classified annexes.
Sec. 6317. Improvements to program on recruitment and training.
Sec. 6318. Measures to mitigate counterintelligence threats from
proliferation and use of foreign commercial spyware.
Sec. 6319. Personnel vetting performance measures.
Sec. 6320. Proactive cybersecurity.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Modifications to responsibilities and authorities of Director
of National Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence
Priorities Framework.
Sec. 6403. Disposition of records of Office of the Director of National
Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence
Agency functions.
Sec. 6412. Expansion of reporting requirements relating to authority to
pay personnel of Central Intelligence Agency for certain
injuries to the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide
protection for certain personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce
wellbeing.
Subtitle C--Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence
community.
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D--Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance
Office.
Sec. 6432. Establishment of advisory board for National Geospatial-
Intelligence Agency.
Sec. 6433. Elevation of the commercial and business operations office of
the National Geospatial-Intelligence Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership
Program.
Sec. 6436. Briefing on coordination between intelligence community and
Bureau of Industry and Security.
TITLE LXV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Intelligence Matters Relating to the People's Republic of
China
Sec. 6501. Report on wealth and corrupt activities of the leadership of
the Chinese Communist Party.
Sec. 6502. Identification and threat assessment of companies with
investments by the People's Republic of China.
Sec. 6503. Intelligence community working group for monitoring the
economic and technological capabilities of the People's
Republic of China.
Sec. 6504. Annual report on concentrated reeducation camps in the
Xinjiang Uyghur Autonomous Region of the People's Republic of
China.
Sec. 6505. Assessments of production of semiconductors by the People's
Republic of China.
Subtitle B--Miscellaneous Authorities, Requirements, and Limitations
Sec. 6511. Notice of deployment or transfer of containerized missile
systems by Russia, China, or Iran.
Sec. 6512. Intelligence community coordinator for Russian atrocities
accountability.
Sec. 6513. Lead intelligence community coordinator for countering and
neutralizing proliferation of Iran-origin unmanned aircraft
systems.
Sec. 6514. Collaboration between intelligence community and Department
of Commerce to counter foreign commercial threats.
Sec. 6515. Intelligence assessment on foreign weaponization of
advertisement technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray zone
assets.
Subtitle C--Reports and Other Matters
Sec. 6521. Report on assessing will to fight.
Sec. 6522. Report on threat from hypersonic weapons.
Sec. 6523. Report on ordnance of Russia and China.
Sec. 6524. Report on activities of China and Russia targeting Latin
America and the Caribbean.
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence
community for atrocity prevention and accountability.
TITLE LXVI--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 6601. Improving onboarding of personnel in intelligence community.
Sec. 6602. Report on legislative action required to implement Trusted
Workforce 2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment of
administration of polygraphs in intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified
information for certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of
covered insider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on use
of space certified as sensitive compartmented information
facilities.
Sec. 6608. Improving prohibition of certain personnel practices in
intelligence community with respect to contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and
information of urgent concern received by inspectors general
of the intelligence community.
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
Sec. 6701. Definitions.
Sec. 6702. Additional responsibilities of Director of National
Intelligence for artificial intelligence policies, standards,
and guidance for the intelligence community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B--Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of
commercial integration.
Sec. 6713. Pilot program on designated emerging technology transition
projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility
access by certain contractors; reports on expansion of
security clearances for certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of
Federal Acquisition Regulation relating to commercially
available off-the-shelf items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts
for artificial intelligence and emerging technology software
products.
Sec. 6718. Certification relating to information technology and software
systems.
Subtitle C--Reports
Sec. 6721. Reports on integration of artificial intelligence within
intelligence community.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence
community relating to science, technology, engineering, and
math, and related areas.
Subtitle D--Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E--Other Matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII--OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 6802. Modification of requirement for office to address
unidentified anomalous phenomena.
Sec. 6803. Comptroller General of the United States audits and briefings
on unidentified anomalous phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of
synthetic opioids.
Sec. 6805. Assessment and report on mass migration in the Western
Hemisphere.
Sec. 6806. Report on international norms, rules, and principles
applicable in space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect
to the Russian Federation's invasion of Ukraine.
Sec. 6808. Assessment of impact of Russia's invasion of Ukraine on food
security.
Sec. 6809. Pilot program for Director of Federal Bureau of Investigation
to undertake an effort to identify International Mobile
Subscriber Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research
assessment of anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing
requirements.
Sec. 6812. Increased intelligence-related engineering, research, and
development capabilities of minority institutions.
Sec. 6813. Reports on personnel vetting processes and progress under
Trusted Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National
Geospatial-Intelligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information
in personnel vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and
oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to
digital engineering environment.
Sec. 6819. Briefing on Department of Homeland Security intelligence
activities.
Sec. 6820. Report on declassification efforts of Central Intelligence
Agency.
Sec. 6821. Report on National Space Intelligence Center.
Sec. 6822. Report on implementation of Executive Order 13556, regarding
controlled unclassified information.
Sec. 6823. National Museum of Intelligence and Special Operations.
Sec. 6824. Technical corrections.
SEC. 6002. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
SEC. 6003. EXPLANATORY STATEMENT.
The explanatory statement regarding this division, printed in the
House section of the Congressional Record by the Chairman of the
Permanent Select Committee on Intelligence of the House of
Representatives and in the Senate section of the Congressional Record
by the Chairman of the Select Committee on Intelligence of the Senate,
shall have the same effect with respect to the implementation of this
division as if it were a joint explanatory statement of a committee of
conference.
TITLE LXI--INTELLIGENCE ACTIVITIES
SEC. 6101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the conduct of the intelligence and intelligence-related activities
of the Federal Government.
SEC. 6102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 6101 for the conduct of the intelligence
activities of the Federal Government are those specified in the
classified Schedule of Authorizations prepared to accompany this
division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President.
(2) Distribution by the president.--Subject to paragraph (3),
the President shall provide for suitable distribution of the
classified Schedule of Authorizations referred to in subsection
(a), or of appropriate portions of such Schedule, within the
executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any portion
of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 6103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2023 the sum of
$664,445,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2023 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 6102(a).
SEC. 6104. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
SEC. 6105. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
SEC. 6201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2023.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 6301. MODIFICATION OF REQUIREMENTS FOR CERTAIN EMPLOYMENT
ACTIVITIES BY FORMER INTELLIGENCE OFFICERS AND EMPLOYEES.
(a) In General.--Subsections (a) and (b) of section 304 of the
National Security Act of 1947 (50 U.S.C. 3073a) are amended to read as
follows:
``(a) Post-employment Restrictions.--
``(1) Covered post-service position.--
``(A) Permanent restriction.--Except as provided by
paragraph (2)(A)(i), an employee of an element of the
intelligence community who occupies a covered intelligence
position may not occupy a covered post-service position for a
designated prohibited foreign country following the date on
which the employee ceases to occupy a covered intelligence
position.
``(B) Temporary restriction.--Except as provided by
paragraph (2)(A)(ii), an employee of an element of the
intelligence community who occupies a covered intelligence
position may not occupy a covered post-service position during
the 30-month period following the date on which the employee
ceases to occupy a covered intelligence position.
``(2) Waiver.--
``(A) Authority to grant temporary waiver.--
``(i) Waivers of permanent restriction.--On a case-by-
case basis, the Director of National Intelligence may
temporarily waive the restriction in paragraph (1)(A) with
respect to an employee or former employee who is subject to
that restriction only after--
``(I) the employee or former employee submits to
the Director a written application for such waiver in
such form and manner as the Director determines
appropriate;
``(II) the Director determines that not granting
such waiver would result in a grave detrimental impact
to current or future intelligence operations of the
United States; and
``(III) the Director provides the congressional
intelligence committees with a detailed justification
stating why not granting such waiver would result in a
grave detrimental impact to current or future
intelligence operations of the United States.
``(ii) Waivers of temporary restriction.--On a case-by-
case basis, the Director may temporarily waive the
restriction in paragraph (1)(B) with respect to an employee
or former employee who is subject to that restriction only
after--
``(I) the employee or former employee submits to
the Director a written application for such waiver in
such form and manner as the Director determines
appropriate; and
``(II) the Director determines that such waiver is
necessary to advance the national security interests of
the United States.
``(B) Period of waiver.--A waiver issued under subparagraph
(A) shall apply for a period not exceeding 5 years. The
Director may renew such a waiver.
``(C) Revocation.--The Director may revoke a waiver issued
under subparagraph (A) to an employee or former employee,
effective on the date that is 60 days after the date on which
the Director provides the employee or former employee written
notice of such revocation.
``(D) Tolling.--The 30-month restriction in paragraph
(1)(B) shall be tolled for an employee or former employee
during the period beginning on the date on which a waiver is
issued under subparagraph (A) and ending on the date on which
the waiver expires or on the effective date of a revocation
under subparagraph (C), as the case may be.
``(E) Notification.--Not later than 30 days after the date
on which the Director issues a waiver under subparagraph (A) or
a revocation of a waiver under subparagraph (C), the Director
shall submit to the congressional intelligence committees
written notification of the waiver or revocation, as the case
may be. Such notification shall include the following:
``(i) With respect to a waiver issued to an employee or
former employee--
``(I) the details of the application, including the
covered intelligence position held or formerly held by
the employee or former employee;
``(II) the nature of the activities of the employee
or former employee after ceasing to occupy a covered
intelligence position;
``(III) a description of the national security
interests that will be advanced by reason of issuing
such waiver; and
``(IV) the specific reasons why the Director
determines that issuing such waiver will advance such
interests.
``(ii) With respect to a revocation of a waiver issued
to an employee or former employee--
``(I) the details of the waiver, including any
renewals of such waiver, and the dates of such waiver
and renewals; and
``(II) the specific reasons why the Director
determined that such revocation is warranted.
``(b) Covered Post-service Employment Reporting.--
``(1) Requirement.--During the period described in paragraph
(2), an employee who ceases to occupy a covered intelligence
position shall--
``(A) report covered post-service employment to the head of
the element of the intelligence community that employed such
employee in such covered intelligence position upon accepting
such covered post-service employment; and
``(B) annually (or more frequently if the head of such
element considers it appropriate) report covered post-service
employment to the head of such element.
``(2) Period described.--The period described in this paragraph
is the period beginning on the date on which an employee ceases to
occupy a covered intelligence position.
``(3) Regulations.--The head of each element of the
intelligence community shall issue regulations requiring, as a
condition of employment, each employee of such element occupying a
covered intelligence position to sign a written agreement requiring
the regular reporting of covered post-service employment to the
head of such element pursuant to paragraph (1).''.
(b) Definition of Designated Prohibited Foreign Country.--
Subsection (g) of such section is amended--
(1) by redesignating paragraphs (4) through (6) as paragraphs
(5) through (7), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Designated prohibited foreign country.--The term
`designated prohibited foreign country' means the following:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Democratic People's Republic of Korea.
``(D) The Islamic Republic of Iran.
``(E) The Republic of Cuba.
``(F) The Syrian Arab Republic.''.
(c) Additional Written Notice.--
(1) In general.--Subsection (d) of such section is amended by
adding at the end the following:
``(3) Written notice about restrictions.--The head of each
element of the intelligence community shall provide written notice
of the restrictions under subsection (a) to any person who may be
subject to such restrictions on or after the date of enactment of
the Intelligence Authorization Act for Fiscal Year 2023--
``(A) when the head of the element determines that such
person may become subject to such covered intelligence position
restrictions; and
``(B) before the person ceases to occupy a covered
intelligence position.''.
(2) Conforming amendment.--Paragraph (2) of such subsection is
amended in the paragraph heading by adding ``about reporting
requirements'' after ``Written notice''.
(d) Revised Regulations.--
(1) Definition of covered intelligence position.--In this
subsection, the term ``covered intelligence position'' has the
meaning given such term by such section 304.
(2) Submission.--Not later than 30 days after the date of the
enactment of this Act, the head of each element of the intelligence
community shall submit to the congressional intelligence committees
new or updated regulations issued to carry out such section 304, as
amended by subsections (a), (b), and (c) of this section.
(3) Requirements.--The regulations issued under paragraph (1)
shall--
(A) include provisions that advise personnel of the
intelligence community of the appropriate manner in which such
personnel may opt out of positions that--
(i) have been designated as covered intelligence
positions before the effective date established in
subsection (e) of this section; or
(ii) may be designated as covered intelligence
provisions before such designation becomes final; and
(B) establish a period of not fewer than 30 days and not
more than 60 days after receipt of the written notice required
under paragraph (3) of subsection (d) of such section 304, as
added by subsection (c)(1) of this section, within which such
personnel may opt out of a covered intelligence position and
the accompanying obligations imposed by subsection (a)(1)(A) of
such section 304, as amended by subsection (a) of this section.
(4) Certification.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees--
(A) a written certification for each head of an element of
the intelligence community who has issued new or updated
regulations pursuant to paragraph (2); and
(B) for each head of an element of the intelligence
community who has not issued such new or updated regulations,
an explanation for the failure to issue such new or updated
regulations.
(e) Effective Date of Permanent Restrictions.--Subsection (a)(1)(A)
of such section 304, as amended by subsection (a) of this section,
shall apply only to persons who occupy a covered intelligence position
on or after the date that is 45 days after the date on which new or
updated regulations are issued under subsection (d)(2) of this section.
(f) Repeal.--Section 402 of the Intelligence Authorization Act for
Fiscal Year 1997 (Public Law 104-293) is hereby repealed.
SEC. 6302. COUNTERINTELLIGENCE AND NATIONAL SECURITY PROTECTIONS FOR
INTELLIGENCE COMMUNITY GRANT FUNDING.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 3021 et seq.) is amended by adding at the end the following:
``SEC. 121. COUNTERINTELLIGENCE AND NATIONAL SECURITY PROTECTIONS
FOR INTELLIGENCE COMMUNITY GRANT FUNDING.
``(a) Disclosure as Condition for Receipt of Grant.--The head of an
element of the intelligence community may not award a grant to a person
or entity unless the person or entity has certified to the head of the
element that the person or entity has disclosed to the head of the
element any material financial or material in-kind support that the
person or entity knows, or should have known, derives from the People's
Republic of China, the Russian Federation, the Islamic Republic of
Iran, the Democratic People's Republic of Korea, or the Republic of
Cuba, during the 5-year period ending on the date of the person or
entity's application for the grant.
``(b) Process for Review of Grant Applicants Prior to Award.--
``(1) In general.--The head of an element of the intelligence
community may not award a grant to a person or entity who submitted
a certification under subsection (a) until such certification is
received by the head of an element of the intelligence community
and submitted to the Director of National Intelligence pursuant to
the process set forth in paragraph (2).
``(2) Process.--
``(A) In general.--The Director of National Intelligence,
in coordination with such heads of elements of the intelligence
community as the Director considers appropriate, shall
establish a process to review the awarding of a grant to an
applicant who submitted a certification under subsection (a).
``(B) Elements.--The process established under subparagraph
(A) shall include the following:
``(i) The immediate transmission of a copy of each
applicant's certification made under subsection (a) to the
Director of National Intelligence.
``(ii) The review of the certification and any
accompanying disclosures submitted under subsection (a) as
soon as practicable.
``(iii) Authorization for the heads of the elements of
the intelligence community to take such actions as may be
necessary, including denial or revocation of a grant, to
ensure a grant does not pose an unacceptable risk of--
``(I) misappropriation of United States
intellectual property, research and development, and
innovation efforts; or
``(II) other counterintelligence threats.
``(c) Annual Report Required.--Not later than 1 year after the date
of the enactment of the Intelligence Authorization Act for Fiscal Year
2023 and not less frequently than once each year thereafter, the
Director of National Intelligence shall submit to the congressional
intelligence committees an annual report identifying the following for
the 1-year period covered by the report:
``(1) The number of applications for grants received by each
element of the intelligence community.
``(2) The number of such applications that were reviewed using
the process established under subsection (b)(2), disaggregated by
element of the intelligence community.
``(3) The number of such applications that were denied and the
number of grants that were revoked, pursuant to the process
established under subsection (b)(2), disaggregated by element of
the intelligence community.''.
(b) Applicability.--Subsections (a) and (b) of section 121 of such
Act, as added by subsection (a), shall apply only with respect to
grants awarded by an element of the intelligence community after the
date of the enactment of this Act.
(c) Clerical Amendment.--The table of contents preceding section 2
of such Act is amended by inserting after the item relating to section
120 the following:
``Sec. 121. Counterintelligence and national security protections for
intelligence community grant funding.''.
SEC. 6303. EXTENSION OF CENTRAL INTELLIGENCE AGENCY LAW ENFORCEMENT
JURISDICTION TO FACILITIES OF OFFICE OF DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) In General.--Section 15(a) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 3515(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (D) as subparagraph (E);
(C) by inserting after subparagraph (C) the following:
``(D) within an installation owned, or contracted to be
occupied for a period of one year or longer, by the Office of the
Director of National Intelligence; and''; and
(D) in subparagraph (E), as redesignated by subparagraph
(B), by inserting ``or (D)'' after ``in subparagraph (C)'';
(2) in paragraph (2), by striking ``or (D)'' and inserting ``or
(E)''; and
(3) in paragraph (4), by striking ``in subparagraph (A) or
(C)'' and inserting ``in subparagraph (A), (C), or (D)''.
(b) Conforming Amendment.--Section 5(a)(4) of such Act (50 U.S.C.
3506(a)(4)) is amended by inserting ``and Office of the Director of
National Intelligence'' after ``protection of Agency''.
SEC. 6304. ANNUAL REPORTS ON STATUS OF RECOMMENDATIONS OF COMPTROLLER
GENERAL OF THE UNITED STATES FOR THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Definition of Open Recommendations.--In this section, the term
``open recommendations'' refers to recommendations of the Comptroller
General of the United States that the Comptroller General has not yet
designated as closed.
(b) Annual Lists by Comptroller General of the United States.--Not
later than September 30, 2023, and each September 30 thereafter through
2028, the Comptroller General of the United States shall submit to the
congressional intelligence committees and the Director of National
Intelligence a list of all open recommendations made to the Director,
disaggregated by report number and recommendation number.
(c) Annual Reports by Director of National Intelligence.--Not later
than 120 days after the date on which the Director receives a list
under subsection (b), the Director shall submit to the congressional
intelligence committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of Representatives a
report on the actions taken by the Director and actions the Director
intends to take, alone or in coordination with the heads of other
Federal agencies, in response to each open recommendation identified in
the list, including open recommendations the Director determines are
closed and recommendations the Director determines do not require
further action, as well as the basis for such determinations.
SEC. 6305. TIMELY SUBMISSION OF CLASSIFIED INTELLIGENCE BUDGET
JUSTIFICATION MATERIALS.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.) is amended by inserting after section 506I the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 506J. CLASSIFIED INTELLIGENCE BUDGET JUSTIFICATION MATERIALS.
``(a) Definitions.--In this section:
``(1) Budget.--The term `budget' has the meaning given the term
`budget of the President' in section 506A.
``(2) Classified intelligence budget justification materials.--
The term `classified intelligence budget justification materials'
means, with respect to a fiscal year, the materials submitted to
Congress by the Director of National Intelligence in support of the
budget for that fiscal year that are classified or otherwise
protected from public disclosure.
``(b) Timely Submission.--Not later than 5 days after the date on
which the President submits to Congress the budget for each fiscal year
pursuant to section 1105(a) of title 31, United States Code, the
Director of National Intelligence shall submit to the congressional
intelligence committees the classified intelligence budget
justification materials for the element for that budget.''.
SEC. 6306. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF THE NATIONAL
INTELLIGENCE UNIVERSITY.
Section 105 of title 17, United States Code, is amended--
(1) by redesignating the second subsection (c) as subsection
(d);
(2) by striking subsection (c) and inserting the following:
``(c) Use by Federal Government.--
``(1) Secretary of defense authority.--With respect to a
covered author who produces a covered work in the course of
employment at a covered institution described in subparagraphs (A)
through (L) of subsection (d)(2), the Secretary of Defense may
direct the covered author to provide the Federal Government with an
irrevocable, royalty-free, worldwide, nonexclusive license to
reproduce, distribute, perform, or display such covered work for
purposes of the United States Government.
``(2) Director of national intelligence authority.--With
respect to a covered author who produces a covered work in the
course of employment at the covered institution described in
subsection (d)(2)(M), the Director of National Intelligence may
direct the covered author to provide the Federal Government with an
irrevocable, royalty-free, world-wide, nonexclusive license to
reproduce, distribute, perform, or display such covered work for
purposes of the United States Government.''; and
(3) in paragraph (2) of subsection (d), as so redesignated, by
adding at the end the following:
``(M) National Intelligence University.''.
SEC. 6307. MODIFICATIONS TO FOREIGN MALIGN INFLUENCE RESPONSE CENTER.
(a) Renaming.--
(1) In general.--Section 119C of the National Security Act of
1947 (50 U.S.C. 3059) is amended--
(A) in the section heading, by striking ``response''; and
(B) in subsection (a), by striking ``Response''.
(2) Clerical amendment.--The table of contents in the matter
preceding section 2 of such Act is amended by striking the item
relating to section 119C and inserting the following:
``Sec. 119C. Foreign Malign Influence Center.''.
(3) Conforming amendment.--Section 589E(d)(2) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 2001 note prec.) is amended by
striking ``Response''.
(4) Reference.--Any reference in law, regulation, map,
document, paper, or other record of the United States to the
``Foreign Malign Influence Response Center'' shall be deemed to be
a reference to the Foreign Malign Influence Center.
(b) Director of National Intelligence Authority to Terminate.--
Section 119C of such Act (50 U.S.C. 3059) is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Termination.--After December 31, 2028, the Director of
National Intelligence may terminate the Center, but only if the
Director of National Intelligence submits to the congressional
intelligence committees, the Subcommittee on Defense of the Committee
on Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a
determination that the termination of the Center is appropriate, which
includes--
``(1) a detailed description that other offices or entities
within the intelligence community--
``(A) have the capabilities to perform the functions of the
Center; and
``(B) will exercise the functions of the Center upon the
termination of the Center; and
``(2) a detailed description of--
``(A) the actions the Director of National Intelligence
will take to conduct an orderly wind-down of the activities of
the Center; and
``(B) the proposed timeline for such actions.''.
(c) Report.--
(1) Definition of appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, the Committee on
Armed Services, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
(C) the Committee on Homeland Security, the Committee on
Foreign Affairs, the Committee on Armed Services, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
(2) In general.--Not later than December 31, 2025, the Director
of National Intelligence shall submit to the appropriate committees
of Congress a report assessing the continued need for operating the
Foreign Malign Influence Center.
SEC. 6308. REQUIREMENT TO OFFER CYBER PROTECTION SUPPORT FOR PERSONNEL
OF INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY VULNERABLE TO CYBER
ATTACK.
(a) In General.--Section 6308(b) of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (50 U.S.C. 3334d(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``may provide'' and inserting ``shall
offer'';
(B) by inserting ``and shall provide such support to any
such personnel who request'' before the period at the end; and
(2) in the subsection heading, by striking ``Authority'' and
inserting ``Requirement''.
(b) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees, the Committee on Appropriations
of the Senate, and the Committee on Appropriations of the House of
Representatives an implementation plan for providing the support
described section 6308(b) of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020 (50 U.S.C. 3334d(b)), as amended by subsection (a), including a
description of the training and resources needed to implement the
support and the methodology for determining the personnel described in
paragraph (2) of such section.
SEC. 6309. ENFORCEMENT OF CYBERSECURITY REQUIREMENTS FOR NATIONAL
SECURITY SYSTEMS.
(a) Definitions.--In this section:
(1) Cybersecurity requirements for national security systems.--
The term ``cybersecurity requirements for national security
systems'' means the minimum cybersecurity requirements established
by the National Manager, consistent with the direction of the
President and in consultation with the Director of National
Intelligence, that applies to all national security systems
operated by, on the behalf of, or administered by the head of an
element of the intelligence community.
(2) National manager.--The term ``National Manager'' means the
National Manager for National Security Systems designated by the
President.
(3) National security systems.--The term ``national security
systems'' includes--
(A) national security systems (as defined in section
3552(b) of title 44, United States Code); and
(B) information systems described in paragraph (2) or (3)
of section 3553(e) of such title.
(b) Implementation Deadline.--The cybersecurity requirements for
national security systems shall include appropriate deadlines by which
all elements of the intelligence community shall have fully implemented
the requirements.
(c) Reevaluation and Updates.--Not less frequently than once every
2 years, the National Manager shall reevaluate and update the
cybersecurity requirements for national security systems.
(d) Resources.--Each head of an element of the intelligence
community that owns or operates a national security system shall update
plans of the element to prioritize resources in such a manner as to
fully implement the cybersecurity requirements for national security
systems by the deadline established pursuant to subsection (b) for the
next 10 fiscal years.
(e) Exemptions.--
(1) In general.--The head of an element of the intelligence
community may exempt a national security system owned or operated
by the element from the cybersecurity requirements for national
security systems if done so in accordance with the procedures
established under paragraph (2).
(2) Exemption procedures.--The National Manager shall,
consistent with the direction of the President, establish
procedures that govern--
(A) the circumstances under which the head of an element of
the intelligence community may exempt a national security
system under paragraph (1); and
(B) the process for implementing the exemption.
(3) Annual reports on exemptions.--
(A) In general.--Each year, the National Manager and the
Director of National Intelligence shall--
(i) submit to the congressional intelligence committees
an annual report documenting all exemptions made under
paragraph (1) during the period covered by the report,
along with the justifications for the exemptions; and
(ii) in the case of an exemption made by the Assistant
Secretary of State for Intelligence and Research under such
paragraph, submit to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the
House of Representatives a separate report describing the
exemption and the justification for it.
(B) Manner.--Each report submitted under subparagraph (A)
shall be submitted with such classification as the Director
considers appropriate and with due regard for the protection of
sensitive intelligence sources and methods.
SEC. 6310. REVIEW AND BRIEFING ON INTELLIGENCE COMMUNITY ACTIVITIES
UNDER EXECUTIVE ORDER 12333.
(a) Review and Briefing Required.--No later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall--
(1) conduct a review to ascertain the feasibility and
advisability of compiling and making public information relating to
activities of the intelligence community under Executive Order
12333 (50 U.S.C. 3001 note; relating to United States intelligence
activities); and
(2) provide the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives with a briefing on
the findings of the Director with respect to the review conducted
under paragraph (1).
(b) Matters Addressed.--The review and briefing required by
subsection (a) shall address the feasibility and advisability of making
available to the public information relating to the following:
(1) Data on activities described in subsection (a)(1),
including the following:
(A) The amount of United States person information
collected pursuant to such activities.
(B) Queries of United States persons pursuant to such
activities.
(C) Dissemination of United States person information
pursuant to such activities, including masking and unmasking.
(D) The use of United States person information in criminal
proceedings.
(2) Quantitative data and qualitative descriptions of incidents
in which the intelligence community violated Executive Order 12333
and associated guidelines and procedures.
(c) Considerations.--In conducting the review under subsection
(a)(1), the Director shall consider--
(1) the public transparency associated with the use by the
intelligence community of the authorities provided under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), including relevant data and compliance incidents; and
(2) the application of the transparency model developed in
connection with such Act to activities conducted under Executive
Order 12333.
(d) Disaggregation for Public Release.--In conducting the review
under subsection (a)(1), the Director shall address whether the
relevant data and compliance incidents associated with the different
intelligence community entities can be disaggregated for public
release.
SEC. 6311. ASSESSING INTELLIGENCE COMMUNITY OPEN-SOURCE SUPPORT FOR
EXPORT CONTROLS AND FOREIGN INVESTMENT SCREENING.
(a) Pilot Program to Assess Open Source Support for Export Controls
and Foreign Investment Screening.--
(1) Pilot program authorized.--The Director of National
Intelligence shall designate an element of the intelligence
community to carry out a pilot program to assess the feasibility
and advisability of providing enhanced intelligence support,
including intelligence derived from open source, publicly and
commercially available information--
(A) to the Department of Commerce to support the export
control and investment screening functions of the Department;
and
(B) to the Department of Homeland Security to support the
export control functions of the Department.
(2) Authority.--In carrying out the pilot program required by
paragraph (1), the element designated by the Director under such
paragraph--
(A) shall establish a process for the provision of
information as described in such paragraph; and
(B) may--
(i) acquire and prepare data, consistent with
applicable provisions of law and Executive orders;
(ii) modernize analytic systems, including through the
acquisition, development, or application of automated
tools; and
(iii) establish standards and policies regarding the
acquisition, treatment, and sharing of open source,
publicly and commercially available information.
(3) Duration.--The pilot program required by paragraph (1)
shall be carried out during a 3-year period.
(b) Plan and Report Required.--
(1) Definition of appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence, the
Committee on Foreign Affairs, the Committee on Financial
Services, the Committee on Homeland Security, and the Committee
on Appropriations of the House of Representatives.
(2) Plan.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director shall, in coordination
with the Secretary of Commerce and the Secretary of Homeland
Security, submit to the appropriate committees of Congress a
plan to carry out the pilot program required by subsection
(a)(1).
(B) Contents.--The plan submitted under subparagraph (A)
shall include the following:
(i) A list, developed in consultation with the
Secretary of Commerce and the Secretary of Homeland
Security, of the activities of the Department of Commerce
and the Department of Homeland Security that will be
supported by the pilot program.
(ii) A plan for measuring the effectiveness of the
pilot program and the value of open source, publicly and
commercially available information to the export control
and investment screening missions.
(3) Report.--
(A) In general.--Not later than 540 days after the date on
which the Director submits the plan under paragraph (2)(A), the
Director shall submit to the appropriate committees of Congress
a report on the findings of the Director with respect to the
pilot program.
(B) Contents.--The report submitted under subparagraph (A)
shall include the following:
(i) An assessment of the feasibility and advisability
of providing information as described in subsection (a)(1).
(ii) An assessment of the value of open source,
publicly and commercially available information to the
export control and investment screening missions, using the
measures of effectiveness under paragraph (2)(B)(ii).
(iii) Identification of opportunities for and barriers
to more effective use of open source, publicly and
commercially available information by the intelligence
community.
SEC. 6312. ANNUAL TRAINING REQUIREMENT AND REPORT REGARDING ANALYTIC
STANDARDS.
(a) Policy for Training Program Required.--Consistent with sections
1019 and 1020 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 3364 and 3364 note), the Director of National
Intelligence shall issue a policy that requires each head of an element
of the intelligence community, that has not already done so, to create,
before the date that is 180 days after the date of the enactment of
this Act, an annual training program on the standards set forth in
Intelligence Community Directive 203, Analytic Standards (or successor
directive).
(b) Conduct of Training.--Training required pursuant to the policy
required by subsection (a) may be conducted in conjunction with other
required annual training programs conducted by the element of the
intelligence community concerned.
(c) Certification of Completion of Training.--Each year, each head
of an element of the intelligence community shall submit to the
congressional intelligence committees a certification as to whether all
of the analysts of that element have completed the training required
pursuant to the policy required by subsection (a) and if the analysts
have not, an explanation of why the training has not been completed.
(d) Reports.--
(1) Annual report.--In conjunction with each briefing provided
under section 1019(c) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3364(c)), the Director shall
submit to the congressional intelligence committees, the Committee
on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report on the
number and themes of compliance incidents reported to intelligence
community analytic ombudspersons relating to the standards set
forth in Intelligence Community Directive 203 (relating to analytic
standards), or successor directive.
(2) Report on performance evaluation.--Not later than 90 days
after the date of the enactment of this Act, the head of analysis
at each element of the intelligence community that conducts all-
source analysis shall submit to the congressional intelligence
committees, the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives a
report describing how compliance with the standards set forth in
Intelligence Community Directive 203 (relating to analytic
standards), or successor directive, is considered in the
performance evaluations and consideration for merit pay, bonuses,
promotions, and any other personnel actions for analysts within the
element.
(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Director from providing training described in
this section as a service of common concern.
(f) Sunset.--This section shall cease to be effective on the date
that is 5 years after the date of the enactment of this Act.
SEC. 6313. REVIEW OF JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) In General.--The Director of National Intelligence shall
conduct a review of the Joint Intelligence Community Council
established by section 101A of the National Security Act of 1947 (50
U.S.C. 3022).
(b) Elements.--The review conducted under subsection (a) shall
cover the following:
(1) The number of meetings the Council has held, by year.
(2) An analysis of the issues the Council has addressed.
(3) The effect the Council has had on the decisionmaking of the
Director of National Intelligence.
(4) Potential revision to the membership or functions of the
Council.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
provide the congressional intelligence committees and the subcommittees
on defense of the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives a briefing
on the review conducted pursuant to subsection (a).
SEC. 6314. REQUIRED POLICY FOR MINIMUM INSIDER THREAT STANDARDS.
(a) Requirement.--Section 102A(f) of the National Security Act of
1947 (50 U.S.C. 3024(f)) is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs (9)
and (10), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) The Director of National Intelligence shall ensure there is
established a policy for minimum insider threat standards for the
intelligence community and ensure compliance by the elements of the
intelligence community with that policy.''.
(b) Compliance and Reporting.--Title III of such Act (50 U.S.C.
3071 et seq.) is amended by adding at the end the following new
section:
``SEC. 313. INSIDER THREAT POLICY COMPLIANCE AND REPORTING.
``The head of each element of the intelligence community shall--
``(1) implement the policy established in accordance with
section 102A(f)(8); and
``(2) concurrent with the submission to Congress of budget
justification materials in support of the budget of the President
for a fiscal year that is submitted to Congress under section
1105(a) of title 31, United States Code, submit to Congress a
certification as to whether the element is in compliance with such
policy.''.
(c) Conforming Amendment.--Section 102A(x)(3) of such Act (50
U.S.C. 3024(x)(3)) is amended by inserting ``, including the policy
under subsection (f)(8),'' after ``policies of the intelligence
community''.
(d) Clerical Amendment.--The table of contents preceding section 2
of such Act is amended by inserting after the item relating to section
312 the following new item:
``Sec. 313. Insider threat policy compliance and reporting.''.
SEC. 6315. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.) is amended by adding at the end the following new section (and
conforming the table of contents at the beginning of such Act
accordingly):
``SEC. 514. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY:
ANNUAL REPORT.
``(a) Annual Report.--Not later than 10 days after the date on
which the budget of the President for a fiscal year is submitted to
Congress pursuant to section 1105 of title 31, United States Code, the
head of each element of the intelligence community shall submit to the
Director of National Intelligence, the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a report on
the unfunded priorities of the programs under the jurisdiction of such
head.
``(b) Elements.--
``(1) In general.--Each report under subsection (a) shall
specify, for each unfunded priority covered by such report, the
following:
``(A) A summary description of such priority, including the
objectives to be achieved if such priority is funded (whether
in whole or in part).
``(B) Whether such priority will satisfy a covert action or
support collection against requirements identified in the
National Intelligence Priorities Framework of the Office of the
Director of National Intelligence (or any successor mechanism
established for the prioritization of programs and activities),
including a description of such requirements and the related
prioritization level.
``(C) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(D) Budget information with respect to the unfunded
priority, including--
``(i) the appropriation account;
``(ii) the expenditure center; and
``(iii) the project and, if applicable, subproject.
``(2) Prioritization of priorities.--Each report shall present
the unfunded priorities covered by such report in overall order of
urgency of priority among unfunded priorities.
``(c) Unfunded Priority Defined.--In this section, the term
`unfunded priority', in the case of a fiscal year, means a program,
activity, or mission requirement of an element of the intelligence
community that--
``(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105 of
title 31, United States Code;
``(2) is necessary to fulfill a covert action or to satisfy an
information requirement associated with the collection, analysis,
or dissemination of intelligence that has been documented within
the National Intelligence Priorities Framework; and
``(3) would have been recommended for funding by the head of
the element of the intelligence community if--
``(A) additional resources had been available for the
budget to fund the program, activity, or mission requirement;
or
``(B) the program, activity, or mission requirement has
emerged since the budget was formulated.''.
SEC. 6316. SUBMISSION OF COVERED DOCUMENTS AND CLASSIFIED ANNEXES.
(a) Requirement.--Title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.), as amended by section 6315, is further amended by
adding at the end the following new section (and conforming the table
of contents at the beginning of such Act accordingly):
``SEC. 515. SUBMISSION OF COVERED DOCUMENTS AND CLASSIFIED ANNEXES.
``(a) Covered Document Defined.--In this section, the term `covered
document' means any executive order, memorandum, or policy directive
issued by the President, including national security Presidential
memoranda and Presidential policy directives, or such successor
memoranda and directives.
``(b) Requirement.--Not later than 7 days after the date on which
the President issues or amends a covered document, the President,
acting through the Director of National Intelligence, shall submit to
the congressional intelligence committees, the Subcommittee on Defense
of the Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives the covered document and any classified annex
accompanying that document if such covered document or annex contains a
direction to, establishes a requirement for, or includes a restriction
on any element of the intelligence community.''.
(b) Initial Submission.--Not later than 60 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives each covered document and classified annex required
under section 515 of the National Security Act of 1947, as added by
subsection (a), in effect as of the date of enactment of this Act.
(c) Repeal.--Section 310 of the Intelligence Authorization Act for
Fiscal Year 2017 (Public Law 115-31; 50 U.S.C. 3312) is hereby
repealed.
SEC. 6317. IMPROVEMENTS TO PROGRAM ON RECRUITMENT AND TRAINING.
Section 1022 of the National Security Act of 1947 (50 U.S.C. 3222)
is amended to read as follows:
``SEC. 1022. PROGRAM ON RECRUITMENT AND TRAINING.
``(a) Program.--
``(1) Requirement.--The Director of National Intelligence, in
consultation with the heads of the elements of the intelligence
community, shall carry out a program to ensure that selected
individuals are provided funds for academic training (including
with respect to both undergraduate and postgraduate education), or
to reimburse for academic training previously obtained--
``(A) in capabilities, missions, or skillsets, especially
in the fields of science, technology, math, and engineering, to
address workforce requirements in which the intelligence
community is deficient or likely to be deficient in the future;
or
``(B) for such individuals who have backgrounds or
experiences that the Director has identified as--
``(i) contributing to capabilities, missions, or
skillsets in which the intelligence community is deficient
or likely to be deficient in future; and
``(ii) being underrepresented in the intelligence
community or likely to be underrepresented in the future.
``(2) Commitment.--An individual selected for participation in
the program shall commit to employment with an element of the
intelligence community for a period that the Director determines is
commensurate with the amount of funding provided to the individual
under the program and under such terms and conditions as the
Director considers appropriate.
``(3) Designation.--The program shall be known as the Pat
Roberts Intelligence Scholars Program.
``(4) Outreach.--The Director, in consultation with the heads
of the elements of the intelligence community, shall maintain a
publicly available internet website on the program that describes--
``(A) the intent of the program;
``(B) the conditions and requirements for selection and
participation;
``(C) application instructions;
``(D) the areas covered by the program pursuant to the
review conducted under subsection (b)(2); and
``(E) any other details the Director determines
appropriate.
``(b) Elements.--In carrying out the program under subsection (a),
the Director shall--
``(1) establish such requirements relating to the academic
training of participants as the Director considers appropriate to
ensure that participants are prepared for employment as
intelligence professionals; and
``(2) on an annual basis, review the areas that will contribute
to the capabilities, missions, and skillsets in which the
intelligence community is deficient or is likely to be deficient in
the future.
``(c) Use of Funds.--Funds made available for the program under
subsection (a) shall be used--
``(1) to provide a monthly stipend for each month that a
participant is pursuing a course of study;
``(2) to pay the partial or full tuition of a participant for
the completion of such course of study;
``(3) to reimburse a participant for tuition paid by the
participant before becoming an employee of an element of the
intelligence community, including with respect to providing
payments for student loans used for such tuition;
``(4) to pay for books and materials that the participant
requires or required to complete such course of study;
``(5) to pay the expenses of the participant for travel
requested by an element of the intelligence community in relation
to such program; or
``(6) for such other purposes the Director considers reasonably
appropriate to carry out such program.''.
SEC. 6318. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS FROM
PROLIFERATION AND USE OF FOREIGN COMMERCIAL SPYWARE.
(a) Definitions.--In this section:
(1) Covered device.--The term ``covered device'' means any
electronic mobile device including smartphones, tablet computing
devices, or laptop computing devices, that is issued by an element
of the intelligence community for official use.
(2) Foreign commercial spyware; foreign company; spyware.--The
terms ``foreign commercial spyware'', ``foreign company'', and
``spyware'' have the meanings given those terms in section 1102A of
the National Security Act of 1947 (50 U.S.C. 3231 et seq.), as
added by this section.
(b) Statement of Policy.--It shall be the policy of the United
States to act decisively against counterintelligence threats posed by
foreign commercial spyware, as well as the individuals who lead
entities selling foreign commercial spyware and who are reasonably
believed to be involved, have been involved, or pose a significant risk
to being or becoming involved, in activities contrary to the national
security or foreign policy interests of the United States.
(c) Measures to Mitigate Counterintelligence Threats.--Title XI of
the National Security Act of 1947 (50 U.S.C. 3231 et seq.) is amended
by inserting after section 1102 the following new section (and
conforming the table of contents at the beginning of such Act
accordingly):
``SEC. 1102A. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS FROM
PROLIFERATION AND USE OF FOREIGN COMMERCIAL SPYWARE.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Select Committee on Intelligence, the Committee
on Foreign Relations, the Committee on Armed Services, the
Committee on Banking, Housing, and Urban Affairs, the Committee
on the Judiciary, the Committee on Appropriations, and the
Committee on Homeland Security and Governmental Affairs of the
Senate; and
``(B) the Permanent Select Committee on Intelligence, the
Committee on Foreign Affairs, the Committee on Armed Services,
the Committee on Financial Services, the Committee on the
Judiciary, the Committee on Appropriations, the Committee on
Homeland Security, and the Committee on Oversight and Reform of
the House of Representatives.
``(2) Covered entity.--The term `covered entity' means any
foreign company that either directly or indirectly develops,
maintains, owns, operates, brokers, markets, sells, leases,
licenses, or otherwise makes available spyware.
``(3) Foreign commercial spyware.--The term `foreign commercial
spyware' means spyware that is developed (solely or in partnership
with a foreign company), maintained, sold, leased, licensed,
marketed, sourced (in whole or in part), or otherwise provided,
either directly or indirectly, by a foreign company.
``(4) Foreign company.--The term `foreign company' means a
company that is incorporated or domiciled outside of the United
States, including any subsidiaries or affiliates wherever such
subsidiaries or affiliates are domiciled or incorporated.
``(5) Spyware.--The term `spyware' means a tool or set of tools
that operate as an end-to-end system of software to provide an
unauthorized user remote access to information stored on or
transiting through an electronic device connected to the Internet
and not owned or operated by the unauthorized user, including end-
to-end systems that--
``(A) allow an unauthorized user to remotely infect
electronic devices with malicious software, including without
any action required by the user of the device;
``(B) can record telecommunications or other audio captured
on a device not owned by the unauthorized user;
``(C) undertake geolocation, collect cell site location
information, or otherwise track the location of a device or
person using the internal sensors of an electronic device not
owned by the unauthorized user;
``(D) allow an unauthorized user access to and the ability
to retrieve information on the electronic device, including
text messages, files, e-mails, transcripts of chats, contacts,
photos, and browsing history; or
``(E) any additional criteria described in publicly
available documents published by the Director of National
Intelligence, such as whether the end-to-end system is used
outside the context of a codified lawful intercept system.
``(b) Annual Assessments of Counterintelligence Threats.--
``(1) Requirement.--Not later than 90 days after the enactment
of the Intelligence Authorization Act for Fiscal Year 2023, and
annually thereafter, the Director of National Intelligence, in
coordination with the Director of the Central Intelligence Agency,
the Director of the National Security Agency, and the Director of
the Federal Bureau of Investigation, shall submit to the
appropriate congressional committees a report with an accompanying
classified annex containing an assessment of the
counterintelligence threats and other risks to the national
security of the United States posed by the proliferation of foreign
commercial spyware. The assessment shall incorporate all credible
data, including open-source information.
``(2) Elements.--Each report under paragraph (1) shall include
the following, if known:
``(A) A list of the most significant covered entities.
``(B) A description of the foreign commercial spyware
marketed by the covered entities identified under subparagraph
(A) and an assessment by the intelligence community of the
foreign commercial spyware.
``(C) An assessment of the counterintelligence risk to the
intelligence community or personnel of the intelligence
community posed by foreign commercial spyware.
``(D) For each covered entity identified in subparagraph
(A), details of any subsidiaries, resellers, or other agents
acting on behalf of the covered entity.
``(E) Details of where each covered entity identified under
subparagraphs (A) and (D) is domiciled.
``(F) A description of how each covered entity identified
under subparagraphs (A) and (D) is financed, where the covered
entity acquired its capital, and the organizations and
individuals having substantial investments or other equities in
the covered entity.
``(G) An assessment by the intelligence community of any
relationship between each covered entity identified in
subparagraphs (A) and (D) and any foreign government, including
any export controls and processes to which the covered entity
is subject.
``(H) A list of the foreign customers of each covered
entity identified in subparagraphs (A) and (D), including the
understanding by the intelligence community of the
organizations and end-users within any foreign government.
``(I) With respect to each foreign customer identified
under subparagraph (H), an assessment by the intelligence
community regarding how the foreign customer is using the
spyware, including whether the foreign customer has targeted
personnel of the intelligence community.
``(J) With respect to the first report required under
paragraph (1), a mitigation plan to reduce the exposure of
personnel of the intelligence community to foreign commercial
spyware.
``(K) With respect to each report following the first
report required under paragraph (1), details of steps taken by
the intelligence community since the previous report to
implement measures to reduce the exposure of personnel of the
intelligence community to foreign commercial spyware.
``(3) Classified annex.--In submitting the report under
subsection (2), the Director shall also include an accompanying but
separate classified annex, providing a watchlist of companies
selling, leasing, or otherwise providing foreign commercial spyware
that the Director determines are engaged in activities that pose a
counterintelligence risk to personnel of the intelligence
community.
``(4) Form.--Each report under paragraph (1) shall be submitted
in classified form.
``(5) Dissemination.--The Director of National Intelligence
shall separately distribute each report under paragraph (1) and
each annex under paragraph (3) to the President, the heads of all
elements of the intelligence community, the Secretary of State, the
Attorney General, the Secretary of Commerce, the Secretary of
Homeland Security, the National Cyber Director, and the heads of
any other departments or agencies the Director of National
Intelligence determines appropriate.
``(c) Authority to Prohibit Purchase or Use by Intelligence
Community.--
``(1) Foreign commercial spyware.--
``(A) In general.--The Director of National Intelligence
may prohibit any element of the intelligence community from
procuring, leasing, or otherwise acquiring on the commercial
market, or extending or renewing a contract to procure, lease,
or otherwise acquire, foreign commercial spyware.
``(B) Considerations.--In determining whether and how to
exercise the authority under subparagraph (A), the Director of
National Intelligence shall consider--
``(i) the assessment of the intelligence community of
the counterintelligence threats or other risks to the
United States posed by foreign commercial spyware;
``(ii) the assessment of the intelligence community of
whether the foreign commercial spyware has been used to
target United States Government personnel.
``(iii) whether the original owner or developer retains
any of the physical property or intellectual property
associated with the foreign commercial spyware;
``(iv) whether the original owner or developer has
verifiably destroyed all copies of the data collected by or
associated with the foreign commercial spyware;
``(v) whether the personnel of the original owner or
developer retain any access to data collected by or
associated with the foreign commercial spyware;
``(vi) whether the use of the foreign commercial
spyware requires the user to connect to an information
system of the original owner or developer or information
system of a foreign government; and
``(vii) whether the foreign commercial spyware poses a
counterintelligence risk to the United States or any other
threat to the national security of the United States.
``(2) Company that has acquired foreign commercial spyware.--
``(A) Authority.--The Director of National Intelligence may
prohibit any element of the intelligence community from
entering into any contract or other agreement for any purpose
with a company that has acquired, in whole or in part, any
foreign commercial spyware.
``(B) Considerations.--In considering whether and how to
exercise the authority under subparagraph (A), the Director of
National Intelligence shall consider--
``(i) whether the original owner or developer of the
foreign commercial spyware retains any of the physical
property or intellectual property associated with the
spyware;
``(ii) whether the original owner or developer of the
foreign commercial spyware has verifiably destroyed all
data, and any copies thereof, collected by or associated
with the spyware;
``(iii) whether the personnel of the original owner or
developer of the foreign commercial spyware retain any
access to data collected by or associated with the foreign
commercial spyware;
``(iv) whether the use of the foreign commercial
spyware requires the user to connect to an information
system of the original owner or developer or information
system of a foreign government; and
``(v) whether the foreign commercial spyware poses a
counterintelligence risk to the United States or any other
threat to the national security of the United States.
``(3) Notifications of prohibition.--Not later than 30 days
after the date on which the Director of National Intelligence
exercises the authority to issue a prohibition under subsection
(c), the Director of National Intelligence shall notify the
congressional intelligence committees of such exercise of
authority. Such notice shall include--
``(A) a description of the circumstances under which the
prohibition was issued;
``(B) an identification of the company or product covered
by the prohibition;
``(C) any information that contributed to the decision of
the Director of National Intelligence to exercise the
authority, including any information relating to
counterintelligence or other risks to the national security of
the United States posed by the company or product, as assessed
by the intelligence community; and
``(D) an identification of each element of the intelligence
community to which the prohibition has been applied.
``(4) Waiver authority.--
``(A) In general.--The head of an element of the
intelligence community may request from the Director of
National Intelligence the waiver of a prohibition made under
paragraph (1) or (2).
``(B) Director of national intelligence determination.--The
Director of National Intelligence, upon receiving the waiver
request in subparagraph (A), may issue a waiver for a period
not to exceed one year in response to the request from the head
of an element of the intelligence community if such waiver is
in the national security interest of the United States.
``(C) Notice.--Not later than 30 days after approving a
waiver request pursuant to subparagraph (B), the Director of
National Intelligence shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives a written notification. The notification shall
include--
``(i) an identification of the head of the element of
the intelligence community that requested the waiver;
``(ii) the details of the waiver request, including the
national security interests of the United States;
``(iii) the rationale and basis for the determination
that the waiver is in the national security interests of
the United States;
``(iv) the considerations that informed the ultimate
determination of the Director of National Intelligence to
issue the wavier; and
``(v) and any other considerations contributing to the
determination, made by the Director of National
Intelligence.
``(D) Waiver termination.--The Director of National
Intelligence may revoke a previously granted waiver at any
time. Upon revocation of a waiver, the Director of National
Intelligence shall submit a written notification to the
congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives not later than 30 days after
making a revocation determination.
``(5) Termination of prohibition.--The Director of National
Intelligence may terminate a prohibition made under paragraph (1)
or (2) at any time. Upon termination of a prohibition, the Director
of National Intelligence shall submit a notification of the
termination to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives not later than 30
days after terminating a prohibition, detailing the basis for the
termination, including any United States national security
interests that may be affected by such termination.''.
(d) Protection of Covered Devices.--
(1) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence
shall--
(A) issue standards, guidance, best practices, and policies
for elements of the intelligence community to protect covered
devices from being compromised by foreign commercial spyware;
(B) survey elements of the intelligence community regarding
the processes used by the elements to routinely monitor covered
devices for indicators of compromise associated with foreign
commercial spyware; and
(C) submit to the congressional intelligence committees a
report on the sufficiency of the measures in place to routinely
monitor covered devices for indicators of compromise associated
with foreign commercial spyware.
(2) Form.--The report under paragraph (1)(C) may be submitted
in classified form.
(3) Counterintelligence notifications.--Not later than 30 days
after the date on which an element of the intelligence community
becomes aware that a covered device was targeted or compromised by
foreign commercial spyware, the Director of National Intelligence,
in coordination with the Director of the Federal Bureau of
Investigation, shall notify the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives of
such determination, including--
(A) the component of the element and the location of the
personnel whose covered device was targeted or compromised;
(B) the number of covered devices compromised or targeted;
(C) an assessment by the intelligence community of the
damage to national security of the United States resulting from
any loss of data or sensitive information;
(D) an assessment by the intelligence community of any
foreign government, or foreign organization or entity, and, to
the extent possible, the foreign individuals, who directed and
benefitted from any information acquired from the targeting or
compromise; and
(E) as appropriate, an assessment by the intelligence
community of the capacity and will of such governments or
individuals to continue targeting personnel of the United
States Government.
(4) Private sector partnerships.--Section 904(d)(7) of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(d)(7))
is amended by adding at the end the following new paragraph:
``(E) Vulnerabilities from foreign commercial spyware.--
``(i) Consultation.--In carrying out efforts to secure
covered devices, to consult with the private sector of the
United States and reputable third-party researchers to
identify vulnerabilities from foreign commercial spyware
(as defined in section 1102A(a) of the National Security
Act of 1947) and maintain effective security measures for
such devices.
``(ii) Covered device defined.--In this subparagraph,
the term `covered device' means any electronic mobile
device including smartphones, tablet computing devices, or
laptop computing devices, that is issued by an element of
the intelligence community for official use.''.
(e) No Enhanced Authorities.--Nothing in this section or an
amendment made by this section shall be construed as enhancing, or
otherwise changing, the authorities of the intelligence community to
target, collect, process, or disseminate information regarding United
States Government personnel.
(f) Report on Harmonization Among Allied Countries.--
(1) Requirement.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report on the
potential for the United States to lead an effort to devise and
implement a common approach with allied countries as the Director
determines appropriate, including the Five Eyes Partnership, to
mitigate the counterintelligence risks posed by the proliferation
of foreign commercial spyware, including by seeking commitments to
implement measures similar to the requirements under this section
and section 1102A of the National Security Act of 1947 (50 U.S.C.
3231 et seq.), as added by this section.
(2) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may contain a classified annex, consistent
with the protection of intelligence sources and methods.
SEC. 6319. PERSONNEL VETTING PERFORMANCE MEASURES.
(a) Definitions of Continuing Vetting; Council; Security Executive
Agent.--In this section, the terms ``continuous vetting'', ``Council'',
and ``Security Executive Agent'' have the meanings given those terms in
section 6601 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
(50 U.S.C. 3352).
(b) Measures.--Not later than 180 days after the date of the
enactment of this Act and consistent with section 807 of the
Intelligence Authorization Act for Fiscal Year 2022 (Public Law 117-
103), the Director of National Intelligence, acting as the Security
Executive Agent, and in coordination with the Chair and other
principals of the Council, shall develop performance measures to assess
the vetting of personnel, including measures to assess continuous
vetting and the quality of each phase of the personnel vetting process,
including the initiation, investigation, and adjudication phases.
(c) Report.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to Congress a report describing the performance measures
developed under subsection (b).
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) A description of how departments and agencies of the
United States Government have implemented Security Executive
Agent Directive 6 titled ``Continuous Evaluation'' and related
personnel vetting performance measures to ensure that
implementation is efficient and effective, including the
resources expended by each department or agency for continuous
vetting and whether departments and agencies are identifying
security-relevant information in a timely manner.
(B) A description of the performance measures the Director
of National Intelligence and the Secretary of Defense use to
assess the quality of each phase of the personnel vetting
process, including initiation, investigation, adjudication,
reinvestigation, and continuous vetting.
(C) How such performance measures meet key attributes for
successful performance measures as described in the report of
the Comptroller General of the United States titled ``Personnel
Vetting: Actions Needed to Implement Reforms, Address
Challenges, and Improve Planning'' (GAO-22-104093).
(D) Any impediments or constraints relating to the
implementation of Security Executive Agent Directive 6 or the
development of such performance measures to assess the quality
of the personnel vetting process.
SEC. 6320. PROACTIVE CYBERSECURITY.
(a) Survey of Elements.--Pursuant to section 103G(b)(1) of the
National Security Act (50 U.S.C. 3032(b)(1)), not later than 1 year
after the date of the enactment of this Act, the Chief Information
Officer of the Intelligence Community shall conduct a survey of each
element of the intelligence community on the use by that element of
proactive cybersecurity initiatives, continuous activity security
testing, and active defense techniques.
(b) Report by Chief Information Officer.--
(1) Report.--Not later than 1 year after the date of the
completion of the survey under subsection (a), the Chief
Information Officer of the Intelligence Community shall submit to
the congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the
House of Representatives a report on proactive cybersecurity
initiatives, continuous activity security testing, and active
defense techniques. Such report shall include the following:
(A) The results of the survey of each element of the
intelligence community conducted under subsection (a),
including--
(i) examples of any successes against attackers who
breached an information system of an element of the
intelligence community; and
(ii) concerns, limitations, and associated
recommendations relating to innovative uses of proactive
cybersecurity initiatives.
(B) An analysis of the feasibility, costs, and benefits of
consolidating oversight and implementation of such methods
within the intelligence community, including whether such
consolidation would significantly enhance defense.
(C) An analysis of any statutory or policy limitations on
the ability of the Director of National Intelligence, or the
head of any element of the intelligence community, to carry out
such methods on behalf of an element of the intelligence
community or multiple such elements.
(D) An analysis of the relationships between and among the
intelligence community, the Department of Defense, the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security, national laboratories, and the
private sector, and whether such relationships should be
enhanced to protect national security systems of the
intelligence community through proactive cybersecurity
measures.
(E) With respect to active defense techniques, a discussion
of the effectiveness of such techniques to protect the
information systems of the elements of the intelligence
community, any constraints that hinder such techniques, and
associated recommendations.
(F) With respect to continuous activity security testing, a
discussion of--
(i) how an information system operates under normal and
intended use, compared to how such system operates under a
variety of adverse conditions and scenarios; and
(ii) the feasibility of the adoption of continuous
activity security testing among the intelligence community.
(G) Recommendations for legislative action and further
resources relating to the successful use of proactive
cybersecurity initiatives, deception environments, and
continuous activity security testing.
(2) Form.--The report under paragraph (1) may be submitted in
classified form.
(c) Definitions.--In this section:
(1) Active defense technique.--The term ``active defense
technique'' means an action taken on an information system of an
element of the intelligence community to increase the security of
such system against an attacker, including--
(A) the use of a deception technology or other purposeful
feeding of false or misleading information to an attacker
accessing such system; or
(B) proportional action taken in response to an unlawful
breach.
(2) Continuous activity security testing.--The term
``continuous activity security testing'' means continuous
experimentation conducted by an element of the intelligence
community on an information system of such element to evaluate the
resilience of such system against a malicious attack or condition
that could compromise such system for the purpose of improving
design, resilience, and incident response with respect to such
system.
(3) Deception technology.--The term ``deception technology''
means an isolated digital environment, system, or platform
containing a replication of an active information system with
realistic data flows to attract, mislead, and observe an attacker.
(4) Intelligence community information environment.--The term
``intelligence community information environment'' has the meaning
given the term in Intelligence Community Directive 121, or any
successor document.
(5) National laboratory.--The term ``national laboratory'' has
the meaning given that term in section 2 of the Energy Policy Act
of 2005 (42 U.S.C. 15801).
(6) National manager for national security systems.--The term
``National Manager for National Security Systems'' means the
Director of National Security, or successor official, serving as
the National Manager for National Security Systems pursuant to
National Security Directive 42, or any successor document.
(7) National security system.--The term ``national security
system'' has the meaning given that term in section 3552 of title
44, United States Code.
(8) Proactive cybersecurity initiatives.--The term ``proactive
cybersecurity initiatives'' means actions performed periodically
and continuously within an organization, focused on identifying and
eliminating vulnerabilities within the network infrastructure,
preventing security breaches, and evaluating the effectiveness of
the business security posture in real-time, including threat
hunting, endpoint and network monitoring, and cybersecurity
awareness and training.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 6401. MODIFICATIONS TO RESPONSIBILITIES AND AUTHORITIES OF
DIRECTOR OF NATIONAL INTELLIGENCE.
Section 102A of the National Security Act of 1947 (50 U.S.C. 3024),
as amended by section 6314, is further amended--
(1) in subsection (c)(5)(C), by striking ``may'' and inserting
``shall'';
(2) in subsection (h)--
(A) in paragraph (1)(A)--
(i) by striking ``encourage'' and inserting
``require''; and
(ii) by inserting ``, independent of political
considerations,'' after ``tradecraft''; and
(B) by amending paragraph (3) to read as follows;
``(3) ensure that substantial differences in analytic judgment
are fully considered, brought to the attention of policymakers, and
documented in analytic products; and'';
(3) in subsection (i)--
(A) in paragraph (1), by inserting ``, and shall establish
and enforce policies to protect,'' after ``protect'';
(B) in paragraph (2), by striking ``guidelines'' and
inserting ``requirements''; and
(C) by adding at the end the following new paragraph:
``(4)(A) Each head of an element of the intelligence community
shall ensure that any congressionally mandated report submitted to
Congress by the head, other than such a report submitted solely to the
congressional intelligence committees, shall be consistent with the
protection of intelligence sources and methods in accordance with the
policies established by the Director under paragraph (1), regardless of
whether the provision of law mandating the report explicitly requires
such protection.
``(B) Nothing in this paragraph shall be construed to alter any
congressional leadership's or congressional committee's jurisdiction or
access to information from any element of the intelligence community
under the rules of either chamber of Congress.''; and
(4) in subsection (x), in the matter preceding paragraph (1),
by striking ``the head of each department of the Federal Government
that contains an element of the intelligence community and the
Director of the Central Intelligence Agency'' and inserting ``the
heads of the elements of the intelligence community''.
SEC. 6402. ANNUAL SUBMISSION TO CONGRESS OF NATIONAL INTELLIGENCE
PRIORITIES FRAMEWORK.
Section 102A(p) of the National Security Act of 1947 (50 U.S.C.
3024(p)) is amended by inserting at the end the following new
paragraph:
``(3) Not later than October 1 of each year, the President, acting
through the Director of National Intelligence, shall submit to the
congressional intelligence committees, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives a copy of the most recently updated National
Intelligence Priorities Framework of the Office of the Director of
National Intelligence (or any such successor mechanism).''.
SEC. 6403. DISPOSITION OF RECORDS OF OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Section 1096(a) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 50 U.S.C. 3001 note) is amended--
(1) by inserting ``(1)'' before ``Upon'';
(2) by adding at the end the following new sentence: ``Any
records of the Office of the Director of National Intelligence that
are maintained by the agency as a service for the Office of the
Director of National Intelligence under section 1535 of title 31,
United States Code, (popularly known as the `Economy Act') may be
treated as the records of the agency when dispositioned as required
by law, and any disclosure of such records between the two agencies
shall not be subject to any otherwise applicable legal consent
requirements or disclosure accounting requirements.''; and
(3) by adding at the end the following new paragraph:
``(2) The records of the Office of the Director of National
Intelligence may not be dispositioned pursuant to paragraph (1) without
the authorization of the Director of National Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 6411. CLARIFICATION REGARDING PROTECTION OF CENTRAL INTELLIGENCE
AGENCY FUNCTIONS.
Section 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3507) is amended by striking ``, functions'' and inserting ``or
functions of the Agency, or of the''.
SEC. 6412. EXPANSION OF REPORTING REQUIREMENTS RELATING TO AUTHORITY TO
PAY PERSONNEL OF CENTRAL INTELLIGENCE AGENCY FOR CERTAIN INJURIES TO
THE BRAIN.
Section 2(d)(1) of the Helping American Victims Afflicted by
Neurological Attacks Act of 2021 (Public Law 117-46) is amended--
(1) in subparagraph (A), by inserting ``and not less frequently
than once each year thereafter for 5 years'' after ``Not later than
365 days after the date of the enactment of this Act'';
(2) in subparagraph (B), by adding at the end the following:
``(iv) Detailed information about the number of covered
employees, covered individuals, and covered dependents who
reported experiencing vestibular, neurological, or related
injuries, including those broadly termed `anomalous health
incidents'.
``(v) The number of individuals who have sought
benefits under any provision of section 19A of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3519b).
``(vi) The number of covered employees, covered
individuals, and covered dependents who are unable to
perform all or part of their professional duties as a
result of injuries described in clause (iv).
``(vii) An updated analytic assessment coordinated by
the National Intelligence Council regarding the potential
causes and perpetrators of anomalous health incidents, as
well as any and all dissenting views within the
intelligence community, which shall be included as
appendices to the assessment.''; and
(3) in subparagraph (C), by striking ``The'' and inserting
``Each''.
SEC. 6413. HISTORICAL ADVISORY PANEL OF CENTRAL INTELLIGENCE AGENCY.
(a) Sense of Congress.--It is the sense of Congress that Congress
expresses its appreciation--
(1) to the Director of the Central Intelligence Agency for
reconstituting the Historical Advisory Panel; and
(2) for the important work of the Historical Advisory Panel,
especially for--
(A) the efforts of the Panel to aid with the
declassification of materials that enrich the historical
national security record; and
(B) the assistance of the Panel in liaison with the
scholarly community.
(b) Reporting Requirement.--The Historical Advisory Panel shall
report directly to the Director of the Central Intelligence Agency.
(c) Historical Advisory Panel Defined.--The term ``Historical
Advisory Panel'' means the panel of the Central Intelligence Agency,
regardless of the name of the panel, that assists in conducting
declassification reviews and providing other assistance with respect to
matters of historical interest.
SEC. 6414. AUTHORITY OF CENTRAL INTELLIGENCE AGENCY TO PROVIDE
PROTECTION FOR CERTAIN PERSONNEL.
(a) Authority.--Paragraph (4) of section 5(a) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3506(a)), as amended by
section 6303, is further amended to read as follows:
``(4) Authorize personnel designated by the Director to carry
firearms to the extent necessary for the performance of the Agency's
authorized functions, except that, within the United States, such
authority shall be limited to the purposes of--
``(A) the training of Agency personnel and other authorized
persons in the use of firearms;
``(B) the protection of classified materials and information;
``(C) the protection of installations and property of the
Agency;
``(D) the protection of--
``(i) current and former Agency personnel and their
immediate families;
``(ii) individuals nominated by the President to the
position of Director (including with respect to an individual
whom a President-elect (as defined in section 3(c) of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) has
declared an intent to nominate) and their immediate families;
and
``(iii) defectors and their immediate families, and other
persons in the United States under Agency auspices; and
``(E) with respect to the Office of the Director of National
Intelligence, the protection of--
``(i) installations and property of the Office of the
Director of National Intelligence;
``(ii) the Director of National Intelligence and the
immediate family of the Director;
``(iii) current and former personnel of the Office of the
Director of National Intelligence and their immediate families
as the Director of National Intelligence may designate; and
``(iv) individuals nominated by the President to the
position of Director of National Intelligence (including with
respect to an individual whom a President-elect has declared an
intent to nominate) and their immediate families;''.
(b) Conforming Amendment.--Section 15(d)(1) of such Act (50 U.S.C.
3515(d)(1)) is amended by striking ``designated by the Director under
section 5(a)(4) to carry firearms for the protection of current or
former Agency personnel and their immediate families, defectors and
their immediate families, and other persons in the United States under
Agency auspices,'' and inserting the following: ``designated by the
Director to carry firearms under subparagraph (D) or (E) of section
5(a)(4),''.
(c) Technical Amendment.--Paragraphs (7) and (8) of section 5(a) of
such Act (50 U.S.C. 3506(a)) are amended by adjusting the margins to
conform with the other paragraphs in such section.
SEC. 6415. NOTIFICATION OF USE OF CERTAIN EXPENDITURE AUTHORITIES.
(a) CIA.--Section 8 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3510) is amended by adding at the end the following new
subsection:
``(c) Notification.--Not later than 30 days after the date on which
the Director makes a novel and significant expenditure pursuant to
subsection (a), the Director shall notify the Permanent Select
Committee on Intelligence of the House of Representatives, the Select
Committee on Intelligence of the Senate, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives of such expenditure.''.
(b) Other Elements.--Section 102A of the National Security Act of
1947 (50 U.S.C. 3024), as amended by section 6402, is further amended--
(1) in subsection (m)(1), by inserting before the period at the
end the following: ``, including with respect to the notification
requirement under section 8(c) of such Act (50 U.S.C. 3510(c))'';
and
(2) in subsection (n), by adding at the end the following new
paragraph:
``(5) Any authority provided to the Director of National
Intelligence or the head of an element of the intelligence community
pursuant to this subsection to make an expenditure referred to in
subsection (a) of section 8 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3510) is subject to the notification requirement under
subsection (c) of such section. If the Director of National
Intelligence is required to make a notification for a specific
expenditure pursuant to both this paragraph and paragraph (4)(G), the
Director may make a single notification.''.
SEC. 6416. OFFICE SUPPORTING CENTRAL INTELLIGENCE AGENCY WORKFORCE
WELLBEING.
(a) Establishment.--The Central Intelligence Agency Act of 1949 (50
U.S.C. 3501 et seq.) is amended by adding at the end the following new
section:
``SEC. 29. OFFICE OF WELLNESS AND WORKFORCE SUPPORT.
``(a) Establishment.--The Director shall establish within the
Agency an office (in this section referred to as the `Office') to
provide support for the physical health, mental health, and wellbeing
of eligible individuals under subsection (d).
``(b) Chief Wellbeing Officer; Assigned Staff.--
``(1) Chief wellbeing officer.--The head of the Office is the
Chief Wellbeing Officer, who shall provide to the Director regular
updates on the operations of the Office.
``(2) Assigned staff.--To assist in performing the functions
under subsection (c), the Director shall assign to the Office a
sufficient number of individuals, who shall have no official duties
other than duties related to the Office while so assigned.
``(c) Functions of Office.--
``(1) Functions.--The Director shall establish the functions
and role of the Office, which shall include the following:
``(A) Providing to eligible individuals under subsection
(d) advice and assistance on health and wellbeing, including
with respect to--
``(i) physical health and access to physical health
care;
``(ii) mental health and access to mental health care;
and
``(iii) other related programs and benefits for which
the individual may be eligible.
``(B) In providing advice and assistance to individuals
under subparagraph (A), assisting such individuals who are
applying for, and navigating the process to obtain, benefits
furnished by the United States Government for which the
individual is eligible, including, at a minimum--
``(i) health care and benefits described in such
subparagraph; and
``(ii) benefits furnished pursuant to section 19A.
``(C) Maintaining, and making available to eligible
individuals under subsection (d), the following:
``(i) A list of physicians and mental health care
providers (including from the private sector, as
applicable), who have experience with the physical and
mental health care needs of the Agency workforce.
``(ii) A list of chaplains and religious counselors who
have experience with the needs of the Agency workforce,
including information regarding access to the Chaplain
Corps established under section 26.
``(iii) Information regarding how to select and retain
private attorneys who have experience with the legal needs
of the Agency workforce, including detailed information on
the process for the appropriate sharing of information with
retained private attorneys.
``(D) Any other functions the Director determines
appropriate.
``(2) Rule of construction.--The inclusion of any person on a
list maintained or made available pursuant to paragraph (1)(C)
shall not be construed as an endorsement of such person (or any
service furnished by such person), and the Director shall not be
liable, as a result of such inclusion, for any portion of
compensable injury, loss, or damage attributable to such person or
service.
``(3) Confidentiality.--
``(A) Requirement.--The Director shall ensure that, to the
extent permitted by law, the advice and assistance provided by
the Office to eligible individuals under subsection (d) is
provided in a confidential manner.
``(B) Regulations.--The Director may prescribe regulations
regarding the requirement for confidentiality under this
paragraph. The Director shall submit to the congressional
intelligence committees (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), the
Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives any such
regulations not later than 30 days after prescribing such
regulations.
``(d) Eligibility.--
``(1) In general.--An individual described in paragraph (2) may
receive a service under the Office at the election of the
individual.
``(2) Individuals described.--An individual described in this
paragraph is--
``(A) a current or former officer or employee of the
Agency; or
``(B) an individual affiliated with the Agency, as
determined by the Director.''.
(b) Deadline for Establishment.--The Director of the Central
Intelligence Agency shall establish the Office under section 29 of the
Central Intelligence Agency Act of 1949 (as added by subsection (a))
(in this section referred to as the ``Office'') by not later than 120
days after the date of the enactment of this Act.
(c) Biannual Briefings.--On a biannual basis during the three-year
period beginning on the date of the establishment of the Office, the
Director shall provide to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a briefing on the status
of the Office, including on--
(1) the number of individuals assigned to the Office pursuant
to subsection (b)(2) of section 29 of the Central Intelligence
Agency Act of 1949 (as added by subsection (a)); and
(2) the number of eligible individuals under subsection (d) of
such section 29 who have received services under the Office, and
the type of services so received.
Subtitle C--Elements of the Defense Intelligence Enterprise
SEC. 6421. INCLUSION OF SPACE FORCE AS ELEMENT OF INTELLIGENCE
COMMUNITY.
Section 3(4)(H) of the National Security Act of 1947 (50 U.S.C.
3003(4)(H)) is amended by inserting ``the Space Force,'' after ``the
Marine Corps,''.
SEC. 6422. OVERSIGHT OF DEFENSE INTELLIGENCE AGENCY CULTURE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) the Committee on Armed Services of the House of
Representatives; and
(E) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Workforce climate survey.--The term ``workforce climate
survey''--
(A) means a workforce engagement or climate survey
conducted at the agency, directorate, career field, or
integrated intelligence center level, without regard to whether
the survey is conducted on an annual or ad-hoc basis; and
(B) does not include an exit survey specified in subsection
(c).
(b) Findings.--Congress finds that the Defense Intelligence Agency
has committed to improving Agency culture and leadership; however,
actions taken by the Agency as of the date of the enactment of this Act
have not enabled a full assessment of the extent of workforce culture
issues and potential management abuses, and require additional
Congressional oversight to ensure concerns are both understood and
addressed.
(c) Mandatory Provision of Exit Survey or Interview.--
(1) In general.--The Director of the Defense Intelligence
Agency shall ensure that each employee of such Agency who leaves
employment with such Agency (but not including any detail
assignment) completes an exit survey or exit interview prior to
such departure, to the extent practicable.
(2) Annual submissions to congress.--On an annual basis during
the 3-year period beginning on the date of the enactment of this
Act, the Director of the Defense Intelligence Agency shall submit
to the appropriate committees of Congress a written analysis of the
results of the exit surveys or exit interviews completed pursuant
to paragraph (1) during the year covered by the report together
with a plan of the Director to address any issues identified
pursuant to such results to improve retention and culture.
(d) Congressional Oversight Relating to Workforce Climate
Surveys.--
(1) Notifications of ad-hoc workforce climate surveys.--Not
later than 14 days after the date on which the Director of the
Defense Intelligence Agency conducts an ad-hoc workforce climate
survey (including in response to a specific incident or concern),
the Director shall notify the appropriate committees of Congress.
(2) Reports on final results.--Not later than 90 days after the
date on which the Director of the Defense Intelligence Agency
concludes the conduct of any workforce climate survey, the Director
shall submit to the appropriate committees of Congress a report
containing the final results of such workforce climate survey. Such
report shall include the following:
(A) The topic of the workforce climate survey, and the
workforce level surveyed.
(B) The rationale for conducting the workforce climate
survey.
(C) The measures in place to ensure the accessibility of
the workforce climate survey.
(D) The lead official or entity conducting the workforce
climate survey.
(E) Any actions the Director intends to take, or is
considering, in response to the results of the workforce
climate survey.
(3) Accessibility of workforce climate surveys.--The Director
of the Defense Intelligence Agency shall ensure that, to the extent
practicable, and consistent with the protection of intelligence
sources and methods, workforce climate surveys are accessible to
employees of such Agency on classified and unclassified systems.
(e) Feasibility Report.--Not later than 270 days after the date of
enactment of this Act, the Director of the Defense Intelligence Agency
shall submit to the appropriate committees of Congress a report
containing an analysis of the feasibility (including the anticipated
cost, personnel requirements, necessary authorities, and such other
matters as may be determined appropriate by the Director for purposes
of analyzing feasibility) of--
(1) conducting 360-degree performance reviews among employees
of the Defense Intelligence Agency; and
(2) including leadership suitability assessments (including
personality evaluations, communication style assessments, and
emotional intelligence aptitude assessments) for promotions of such
employees to a position within grade GS-14 or above of the General
Schedule.
Subtitle D--Other Elements
SEC. 6431. MODIFICATION OF ADVISORY BOARD IN NATIONAL RECONNAISSANCE
OFFICE.
Section 106A(d) of the National Security Act of 1947 (50 U.S.C.
3041a(d)) is amended--
(1) in paragraph (3)(A)(i), by inserting ``, in consultation
with the Director of National Intelligence and the Secretary of
Defense,'' after ``Director''; and
(2) in paragraph (7), by striking ``the date that is 3 years
after the date of the first meeting of the Board'' and inserting
``September 30, 2024''.
SEC. 6432. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL GEOSPATIAL-
INTELLIGENCE AGENCY.
(a) Establishment.--There is established in the National
Geospatial-Intelligence Agency an advisory board (in this section
referred to as the ``Board'').
(b) Duties.--The Board shall--
(1) study matters relating to the mission of the National
Geospatial-Intelligence Agency, including with respect to
integration of commercial capabilities, promoting innovation,
advice on next generation tasking, collection, processing,
exploitation, and dissemination capabilities, strengthening
functional management, acquisition, and such other matters as the
Director of the National Geospatial-Intelligence Agency considers
appropriate; and
(2) advise and report directly to the Director with respect to
such matters.
(c) Members.--
(1) Number and appointment.--
(A) In general.--The Board shall be composed of 6 members
appointed by the Director from among individuals with
demonstrated academic, government, business, or other expertise
relevant to the mission and functions of the Agency.
(B) Notification.--Not later than 30 days after the date on
which the Director appoints a member to the Board, the Director
shall notify the congressional intelligence committees and the
congressional defense committees (as defined in section 101(a)
of title 10, United States Code) of such appointment.
(C) Initial appointments.--Not later than 180 days after
the date of the enactment of this Act, the Director shall
appoint the initial 6 members to the Board.
(2) Terms.--Each member shall be appointed for a term of 3
years.
(3) Vacancy.--Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member's
predecessor was appointed shall be appointed only for the remainder
of that term.
(4) Chair.--The Board shall have a Chair, who shall be
appointed by the Director from among the members.
(5) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in accordance
with applicable provisions under subchapter I of chapter 57 of
title 5, United States Code.
(6) Executive secretary.--The Director may appoint an executive
secretary, who shall be an employee of the Agency, to support the
Board.
(d) Meetings.--The Board shall meet not less than quarterly, but
may meet more frequently at the call of the Director.
(e) Reports.--Not later than March 31 of each year, the Board shall
submit to the Director and to the congressional intelligence
committees, the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives a report on
the activities and significant findings of the Board during the
preceding year.
(f) Nonapplicability of Certain Requirements.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Board.
(g) Termination.--The Board shall terminate on the date that is 5
years after the date of the first meeting of the Board.
SEC. 6433. ELEVATION OF THE COMMERCIAL AND BUSINESS OPERATIONS OFFICE
OF THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
Beginning not later than 90 days after the date of the enactment of
this Act, the head of the commercial and business operations office of
the National Geospatial-Intelligence Agency shall report directly to
the Director of the National Geospatial-Intelligence Agency.
SEC. 6435. STUDY ON PERSONNEL UNDER STRATEGIC INTELLIGENCE PARTNERSHIP
PROGRAM.
(a) Study.--The Director of National Intelligence and the Director
of the Office of Intelligence and Counterintelligence of the Department
of Energy, in consultation with the National Laboratories Directors'
Council and in coordination with such other entities, agencies, and
departments as the Directors consider appropriate, shall jointly
conduct a study of the skills, recruitment, and retention of the
personnel at the national laboratories who carry out projects under the
Strategic Intelligence Partnership Program.
(b) Elements.--The study under subsection (a) shall address the
following:
(1) The degree to which the personnel at the national
laboratories who carry out projects under the Strategic
Intelligence Partnership Program have the requisite training,
skillsets, or expertise in critical science, technology, and
engineering areas to support ongoing and anticipated projects under
such Program, and the sufficiency of such personnel.
(2) Whether such personnel have compensation, benefits, and pay
scales that are competitive with comparable roles in the private
sector in the geographic market in which the relevant national
laboratory is located.
(3) Any challenges associated with the retention of such
personnel.
(4) The talent composition of such personnel, broken down by
career phase and degree status, to include any relevant exit survey
data.
(5) A description of current or previous programs to enabling
such personnel to rotate between elements of the intelligence
community and the national laboratories, including the number of
personnel on nonreimbursable or reimbursable assignment to an
element of the intelligence community.
(6) The degree to which such projects and personnel support or
augment other ongoing mission areas and capacities at the national
laboratories.
(c) Recommendations.--Upon completing the study under subsection
(a), the Directors shall jointly develop findings and recommendations
based on the results of the study regarding the recruitment and
retention of personnel at the national laboratories who carry out
projects under the Strategic Intelligence Partnership Program,
including with respect to the following:
(1) New or alternative business models, sponsorship
arrangements, or work scope agreements.
(2) Extending eligibility for existing, or establishing new,
recruitment, retention, or other career incentive programs,
including student loan repayment and forgiveness programs, to such
personnel.
(3) Initiating geographically flexible or remote work
arrangements for such personnel.
(4) Enabling such personnel to participate in training at
elements of the intelligence community, or obtain academic training
at the National Intelligence University.
(5) Establishing new, or enhancing existing, opportunities for
detailee or rotational programs among the intelligence community
and the national laboratories.
(6) Using a compensation system modeled on the Cyber Talent
Management System of the Department of Homeland Security for such
personnel.
(7) Any other recommendations the Directors determine relevant.
(d) Report.--
(1) Requirement.--Not later than 1 year after the date of the
enactment of this Act, the Directors shall jointly submit to the
congressional intelligence committees, the Subcommittee on Defense
of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the
House of Representatives a report containing the study under
subsection (a) and the recommendations under subsection (c).
(2) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(e) National Laboratories Defined.--In this section, the term
``national laboratories'' means--
(1) each national security laboratory (as defined in section
3281(1) of the National Nuclear Security Administration Act (50
U.S.C. 2471(1))); and
(2) each national laboratory of the Department of Energy.
SEC. 6436. BRIEFING ON COORDINATION BETWEEN INTELLIGENCE COMMUNITY AND
BUREAU OF INDUSTRY AND SECURITY.
(a) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on Armed
Services, the Committee on Banking, Housing, and Urban Affairs, the
Committee on Commerce, Science, and Transportation, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate; and
(3) the Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on Financial Services, the Committee on
Energy and Commerce, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
(b) Classified Briefing.--Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence and
the Secretary of Commerce, or their designees, shall jointly provide a
classified briefing to the appropriate congressional committees
regarding--
(1) coordination between the intelligence community and the
Bureau of Industry and Security of the Department of Commerce;
(2) existing processes of the Bureau for the access to, storage
of, transmission of, and use of information provided to the Bureau
by an element of the intelligence community; and
(3) such recommendations as the Director and the Secretary may
have to enhance such access, storage, transmission, and use.
TITLE LXV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Intelligence Matters Relating to the People's Republic of
China
SEC. 6501. REPORT ON WEALTH AND CORRUPT ACTIVITIES OF THE LEADERSHIP OF
THE CHINESE COMMUNIST PARTY.
Not later than 1 year after the date of the enactment of this Act,
the Director of National Intelligence, in consultation with the
Secretary of State, shall make available to the public an unclassified
report on the wealth and corrupt activities of the leadership of the
Chinese Communist Party, including the General Secretary of the Chinese
Communist Party and senior leadership officials in the Central
Committee, the Politburo, the Politburo Standing Committee, and any
other regional Party Secretaries.
SEC. 6502. IDENTIFICATION AND THREAT ASSESSMENT OF COMPANIES WITH
INVESTMENTS BY THE PEOPLE'S REPUBLIC OF CHINA.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Commerce, Science, and Transportation and
the Subcommittee on Defense of the Committee on Appropriations of
the Senate; and
(3) the Committee on Energy and Commerce and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives.
(b) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with such heads of elements of the intelligence community
as the Director considers appropriate, the Chairperson of the Federal
Communication Commission, and the Administrator of the National
Telecommunications and Information Administration, shall provide to the
appropriate committees of Congress a report on the risk to national
security of the use of--
(1) telecommunications companies with a 10% or greater direct
or indirect foreign investment by an entity or person owned or
controlled by, or subject to the jurisdiction or direction of, the
People's Republic of China that is operating in the United States
or providing services to affiliates and personnel of the
intelligence community; and
(2) hospitality and conveyance companies with substantial
investment by the People's Republic of China by affiliates and
personnel of the intelligence community for travel on behalf of the
United States Government.
SEC. 6503. INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING THE
ECONOMIC AND TECHNOLOGICAL CAPABILITIES OF THE PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--The Director of National Intelligence, in
consultation with such heads of elements of the intelligence community
as the Director considers appropriate, shall establish a cross-
intelligence community analytical working group (in this section
referred to as the ``working group'') on the economic and technological
capabilities of the People's Republic of China.
(b) Monitoring and Analysis.--The working group shall monitor and
analyze--
(1) the economic and technological capabilities of the People's
Republic of China;
(2) the extent to which those capabilities rely on exports,
financing, or services from the United States and other foreign
countries;
(3) the links of those capabilities to the military-industrial
complex of the People's Republic of China; and
(4) the threats those capabilities pose to the national
security and values of the United States.
(c) Annual Assessment.--
(1) Definition of appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Armed
Services, the Committee on Homeland Security and Governmental
Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on Appropriations of the
Senate; and
(C) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Armed Services, the
Committee on Homeland Security, the Committee on Energy and
Commerce, the Committee on Ways and Means, and the Committee on
Appropriations of the House of Representatives.
(2) In general.--Not less frequently than once each year, the
working group shall submit to the appropriate committees of
Congress an assessment of the economic and technological strategy,
efforts, and progress of the People's Republic of China to become
the dominant military, technological, and economic power in the
world and undermine the rules-based world order.
(3) Elements.--Each assessment required by paragraph (2) shall
include the following:
(A) An unclassified overview of the major goals,
strategies, and policies of the People's Republic of China to
control, shape, or develop self-sufficiency in key technologies
and control related supply chains and ecosystems, including--
(i) efforts to acquire United States and other foreign
technology and recruit foreign talent in technology sectors
of the People's Republic of China, including the extent to
which those efforts relate to the military-industrial
complex of the People's Republic of China;
(ii) efforts related to incentivizing offshoring of
United States and foreign manufacturing to China,
influencing global supply chains, and creating supply chain
vulnerabilities for the United States, including China's
financing or potential financing in foreign countries to
create monopolies in the processing and exporting of rare
earth and other critical materials necessary for renewable
energy, including cobalt, lithium, and nickel;
(iii) related tools and market access restrictions or
distortions imposed by the People's Republic of China on
foreign firms and laws and regulations of the People's
Republic of China that discriminate against United States
and other foreign firms; and
(iv) efforts of the People's Republic of China to
attract or restrict financing from the United States and
other foreign countries to build self-sufficient national
defense capabilities, an evaluation of the relative
contribution of foreign financing to China's economic
support for such capabilities, and the type of capital
flows from the United States into China's national defense
capabilities from the specific actions taken by the
Government of the People's Republic of China to attract or
restrict financing to the outcome of such efforts for
entities and persons of the People's Republic of China.
(B) An unclassified assessment of the progress of the
People's Republic of China to achieve its goals, disaggregated
by economic sector.
(C) An unclassified assessment of the impact of the
transfer of capital, technology, data, talent, and technical
expertise from the United States to China on the economic,
technological, and military capabilities of the People's
Republic of China.
(D) An unclassified list of the top 200 businesses,
academic and research institutions, or other entities of the
People's Republic of China that are--
(i) developing, producing, or exporting to other
countries the technologies that are strategically important
to the People's Republic of China or supporting entities of
the People's Republic of China that are subject to
sanctions imposed by the United States;
(ii) supporting the military-civil fusion program or
the military industrial complex of the People's Republic of
China; or
(iii) otherwise supporting the goals and efforts of the
Chinese Communist Party and Chinese government entities,
including the Ministry of State Security, the Ministry of
Public Security, and the People's Liberation Army.
(E) An unclassified list of the top 100 development,
infrastructure, or other strategic projects that the People's
Republic of China is financing abroad that--
(i) advance the technology goals and strategies of the
Chinese Communist Party; or
(ii) evade financial sanctions, export controls, or
import restrictions imposed by the United States.
(F) An unclassified list of the top 100 businesses,
research institutions, or other entities of the People's
Republic of China that are developing surveillance, smart
cities, or related technologies that are--
(i) exported to other countries, undermining democracy
worldwide; or
(ii) provided to the security services of the People's
Republic of China, enabling them to commit severe human
rights abuses in China.
(G) An unclassified list of the top 100 businesses or other
entities of the People's Republic of China that are--
(i) operating in the genocide zone in Xinjiang; or
(ii) supporting the Xinjiang Public Security Bureau,
the Xinjiang Bureau of the Ministry of State Security, the
People's Armed Police, or the Xinjiang Production and
Construction Corps.
(H) A list of investment funds, public companies, or
private or early-stage firms of the People's Republic of China
that have received more than $100,000,000 in capital flows from
the United States during the 10-year period preceding the date
on which the assessment is submitted.
(4) Preparation of assessments.--In preparing each assessment
required by paragraph (2), the working group shall use open source
documents in Chinese language and commercial databases.
(5) Format.--An assessment required by paragraph (2) may be
submitted in the format of a National Intelligence Estimate.
(6) Form.--Each assessment required by paragraph (2) shall be
submitted in unclassified form, but may include a classified annex.
(7) Publication.--The unclassified portion of each assessment
required by paragraph (2) shall be published on the publicly
accessible website of the Director of National Intelligence.
(d) Briefings to Congress.--Not less frequently than quarterly, the
working group shall provide to Congress a classified briefing on the
economic and technological goals, strategies, and progress of the
People's Republic of China, especially on the information that cannot
be disclosed in the unclassified portion of an assessment required by
subsection (c)(2).
(e) Classified Analyses.--Each classified annex to an assessment
required by subsection (c)(2) or corresponding briefing provided under
subsection (d) shall include an analysis of--
(1) the vulnerabilities of the People's Republic of China,
disaggregated by economic sector, industry, and entity; and
(2) the technological or supply chain chokepoints of the
People's Republic of China that provide leverage to the United
States.
(f) Sunset.--This section shall cease to be effective on the date
that is 5 years after the date of the enactment of this Act.
SEC. 6504. ANNUAL REPORT ON CONCENTRATED REEDUCATION CAMPS IN THE
XINJIANG UYGHUR AUTONOMOUS REGION OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of the
House of Representatives.
(2) Covered camp.--The term ``covered camp'' means a detention
camp, prison, forced labor camp, or forced labor factory located in
the Xinjiang Uyghur Autonomous Region of the People's Republic of
China, referred to by the Government of the People's Republic of
China as ``concentrated reeducation camps'' or ``vocational
training centers''.
(b) Annual Report Required.--Not later than 120 days after the date
of the enactment of this Act, and annually thereafter for 5 years, the
Director of National Intelligence, in consultation with such heads of
elements of the intelligence community as the Director considers
appropriate, shall submit to the appropriate committees of Congress a
report on the status of covered camps.
(c) Elements.--Each report required by subsection (b) shall include
the following:
(1) An identification of the number and geographic location of
covered camps and an estimate of the number of victims detained in
covered camps.
(2) A description of--
(A) the types of personnel and equipment in covered camps;
(B) the funding received by covered camps from the
Government of the People's Republic of China; and
(C) the role of the security services of the People's
Republic of China and the Xinjiang Production and Construction
Corps in enforcing atrocities at covered camps.
(3) A comprehensive list of--
(A) the entities of the Xinjiang Production and
Construction Corps, including subsidiaries and affiliated
businesses, with respect to which sanctions have been imposed
by the United States;
(B) commercial activities of those entities outside of the
People's Republic of China; and
(C) other Chinese businesses, including in the artificial
intelligence, biotechnology, and surveillance technology
sectors, that are involved with the atrocities in Xinjiang or
supporting the policies of the People's Republic of China in
the region.
(d) Form.--Each report required by subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
(e) Publication.--The unclassified portion of each report required
by subsection (b) shall be published on the publicly accessible website
of the Office of the Director of National Intelligence.
SEC. 6505. ASSESSMENTS OF PRODUCTION OF SEMICONDUCTORS BY THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Commerce, Science, and
Transportation, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Appropriations of
the Senate; and
(C) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Financial Services, the
Committee on Science, Space, and Technology, the Committee on
Energy and Commerce, the Committee on Homeland Security, and
the Committee on Appropriations of the House of
Representatives.
(2) Legacy semiconductor.--The term ``legacy semiconductor''
has the meaning given such term in section 9902(a)(6)(A) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (15 U.S.C. 4652(a)(6)(A)).
(b) In General.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Director of National Intelligence shall submit to the appropriate
committees of Congress an assessment of progress by the People's
Republic of China in global competitiveness in the production of
semiconductors by Chinese firms, including any subsidiary, affiliate,
or successor of such firms.
(c) Consultation.--In carrying out subsection (b), the Director
shall consult with the Secretary of Commerce and the heads of such
other Federal agencies as the Director considers appropriate.
(d) Elements.--Each assessment submitted under subsection (b) shall
include the following:
(1) The progress of the People's Republic of China toward self-
sufficiency in the supply of semiconductors, including globally
competitive Chinese firms competing in the fields of artificial
intelligence, cloud computing, autonomous vehicles, next-generation
and renewable energy, advanced life sciences and biotechnology, and
high-performance computing.
(2) The progress of the People's Republic of China in
developing indigenously or accessing foreign sources of
intellectual property critical to the design and manufacturing of
leading edge process nodes, including electronic design automation
technology.
(3) Activity of Chinese firms with respect to the production of
semiconductors that are not legacy semiconductors, including any
identified export diversion to evade export controls.
(4) Any observed stockpiling efforts by Chinese firms with
respect to semiconductor manufacturing equipment, substrate
materials, silicon wafers, or other necessary inputs for
semiconductor production.
(5) An analysis of the relative market share of different
Chinese semiconductor manufacturers at different process nodes and
the estimated increase or decrease of market share by that
manufacturer in each product category during the preceding year.
(6) A comprehensive summary of recruitment activity of the
People's Republic of China targeting semiconductor manufacturing
engineers and managers from non-Chinese firms.
(7) An analysis of the capability of the workforce of the
People's Republic of China to design, produce, and manufacture of
semiconductors that are not legacy semiconductors and relevant
equipment.
(e) Form of Assessments.--Each assessment submitted under
subsection (b) shall be submitted in unclassified form and include a
classified annex.
(f) Additional Reporting.--Each assessment submitted under
subsection (b) shall also be transmitted to the Secretary of Commerce,
to inform, among other activities of the Department of Commerce,
implementation of section 103 of the CHIPS Act of 2022 (Public Law 117-
167) and title XCIX of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651 et seq.).
Subtitle B--Miscellaneous Authorities, Requirements, and Limitations
SEC. 6511. NOTICE OF DEPLOYMENT OR TRANSFER OF CONTAINERIZED MISSILE
SYSTEMS BY RUSSIA, CHINA, OR IRAN.
Section 501 of the Intelligence Authorization Act for Fiscal Year
2016 (division M of Public Law 114-113; 129 Stat. 2923) is amended--
(1) by striking ``the Russian Federation'' each place it
appears and inserting ``a covered country'';
(2) by striking ``Club-K container missile system'' each place
it appears and inserting ``missile launcher disguised as or
concealed in a shipping container'';
(3) in subsection (a)(1)--
(A) by striking ``deploy, the'' and inserting ``deploy,
a''; and
(B) by striking ``the Russian military'' and inserting
``the military of the covered country'';
(4) by striking subsection (c) and inserting the following new
subsection:
``(c) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the following:
``(A) The congressional intelligence committees.
``(B) The Committees on Armed Services of the House of
Representatives and the Senate.
``(C) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
``(D) The Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
``(2) Covered country.--The term `covered country' means the
following:
``(A) Russia.
``(B) China.
``(C) Iran.
``(D) North Korea.''; and
(5) in the heading, by striking ``club-k container missile
system by the russian federation'' and inserting ``containerized
missile system by russia or certain other countries''.
SEC. 6512. INTELLIGENCE COMMUNITY COORDINATOR FOR RUSSIAN ATROCITIES
ACCOUNTABILITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(C) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Atrocity.--The term ``atrocity'' means a war crime, crime
against humanity, or genocide.
(3) Commit.--The term ``commit'', with respect to an atrocity,
includes the planning, committing, aiding, and abetting of such
atrocity.
(4) Foreign person.--The term ``foreign person'' means a person
that is not a United States person.
(5) Russian atrocity.--The term ``Russian atrocity'' means an
atrocity that is committed by an individual who is--
(A) a member of the armed forces, or the security or other
defense services, of the Russian Federation;
(B) an employee of any other element of the Russian
Government; or
(C) an agent or contractor of an individual specified in
subparagraph (A) or (B).
(6) United states person.--The term ``United States person''
has the meaning given that term in section 105A(c) of the National
Security Act of 1947 (50 U.S.C. 3039).
(b) Intelligence Community Coordinator for Russian Atrocities
Accountability.--
(1) Designation.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
designate a senior official of the Office of the Director of
National Intelligence to serve as the intelligence community
coordinator for Russian atrocities accountability (in this section
referred to as the ``Coordinator'').
(2) Duties.--The Coordinator shall oversee the efforts of the
intelligence community relating to the following:
(A) Identifying, and (as appropriate) disseminating within
the United States Government, intelligence relating to the
identification, location, or activities of foreign persons
suspected of playing a role in committing Russian atrocities in
Ukraine.
(B) Identifying analytic and other intelligence needs and
priorities of the intelligence community with respect to the
commitment of such Russian atrocities.
(C) Addressing any gaps in intelligence collection relating
to the commitment of such Russian atrocities and developing
recommendations to address any gaps so identified, including by
recommending the modification of the priorities of the
intelligence community with respect to intelligence collection.
(D) Collaborating with appropriate counterparts across the
intelligence community to ensure appropriate coordination on,
and integration of the analysis of, the commitment of such
Russian atrocities.
(E) Identifying intelligence and other information that may
be relevant to preserve evidence of potential war crimes by
Russia, consistent with the public commitments of the United
States to support investigations into the conduct of Russia.
(F) Ensuring the Atrocities Early Warning Task Force and
other relevant departments and agencies of the United States
Government receive appropriate support from the intelligence
community with respect to the collection, analysis,
preservation, and, as appropriate, dissemination, of
intelligence related to Russian atrocities in Ukraine.
(3) Plan required.--Not later than 30 days after the date of
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress--
(A) the name of the official designated as the Coordinator
pursuant to paragraph (1); and
(B) the strategy of the intelligence community for the
collection of intelligence related to Russian atrocities in
Ukraine, including a detailed description of how the
Coordinator shall support, and assist in facilitating the
implementation of, such strategy.
(4) Annual report to congress.--
(A) Reports required.--Not later than May 1, 2023, and
annually thereafter until May 1, 2026, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report detailing, for the year covered by the
report--
(i) the analytical findings and activities of the
intelligence community with respect to Russian atrocities
in Ukraine; and
(ii) the recipients of information shared pursuant to
this section for the purpose of ensuring accountability for
such Russian atrocities, and the date of any such sharing.
(B) Form.--Each report submitted under subparagraph (A) may
be submitted in classified form, consistent with the protection
of intelligence sources and methods.
(C) Supplement.--The Director of National Intelligence may
supplement an existing reporting requirement with the
information required under subparagraph (A) on an annual basis
to satisfy that requirement with prior notification of intent
to do so to the appropriate committees of Congress.
(c) Sunset.--This section shall cease to have effect on the date
that is 4 years after the date of the enactment of this Act.
SEC. 6513. LEAD INTELLIGENCE COMMUNITY COORDINATOR FOR COUNTERING AND
NEUTRALIZING PROLIFERATION OF IRAN-ORIGIN UNMANNED AIRCRAFT SYSTEMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee on
Foreign Relations, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
(C) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
(2) Five eyes partnership.--The term ``Five Eyes Partnership''
means the intelligence alliance comprising Australia, Canada, New
Zealand, the United Kingdom, and the United States.
(3) Unmanned aircraft system.--The term ``unmanned aircraft
system'' includes an unmanned powered aircraft (including
communication links and the components that control the unmanned
aircraft), that--
(A) does not carry a human operator;
(B) may fly autonomously or be piloted remotely;
(C) may be expendable or recoverable; and
(D) may carry a lethal payload or explode upon reaching a
designated location.
(b) Coordinator.--
(1) Designation.--Not later than 30 days after the date of
enactment of this Act, the Director of National Intelligence shall
designate an official from an element of the intelligence community
to serve as the lead intelligence community coordinator for
countering and neutralizing the proliferation of Iran-origin
unmanned aircraft systems (in this section referred to as the
``Coordinator'').
(2) Plan.--Not later than 120 days after the date on which the
Coordinator is designated under paragraph (1), the Coordinator
shall--
(A) develop a comprehensive plan of action, driven by
intelligence information, for countering and neutralizing the
threats posed by the proliferation of Iran-origin unmanned
aircraft systems; and
(B) provide to appropriate committees of Congress a
briefing on such plan of action.
(3) Final report.--
(A) Submission.--Not later than January 1, 2024, the
Director of National Intelligence shall submit to the
appropriate committees of Congress a final report on the
activities and findings of the Coordinator.
(B) Matters.--The report under subparagraph (A) shall
include the following:
(i) An assessment of the threats posed by Iran-origin
unmanned aircraft systems, including the threat to
facilities and personnel of the United States Government in
the greater Middle East, particularly in the areas of such
region that are located within the area of responsibility
of the Commander of the United States Central Command.
(ii) A detailed description of intelligence sharing
efforts, as well as other joint efforts driven by
intelligence information, with allies and partners of the
United States, to assist in countering and neutralizing of
such threats.
(iii) Recommendations for any changes in United States
policy or legislative authorities to improve the capacity
of the intelligence community to assist in countering and
neutralizing such threats.
(C) Form.--The report under subparagraph (A) may be
submitted in classified form.
(D) Annex.--In submitting the report under subparagraph (A)
to the congressional intelligence committees, the Director
shall also include an accompanying annex, which shall be
classified, that separately details all efforts supported
exclusively by National Intelligence Program funds.
(c) Collaboration With Five Eyes Partnership and Israel.--Taking
into account the findings of the final report under subsection (b)(3),
the Director of National Intelligence shall seek to--
(1) develop and implement a common approach among the Five Eyes
Partnership toward countering the threats posed by Iran-origin
unmanned aircraft systems, including by leveraging the unique
intelligence capabilities and information of the members of the
Five Eyes Partnership; and
(2) intensify cooperation with Israel for the purpose of
countering Iran-origin unmanned aircraft systems, including by
strengthening and expanding existing cooperative efforts conducted
pursuant to section 1278 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1702; 22 U.S.C.
8606 note).
(d) Sunset.--This section shall cease to have effect on the date on
which the final report is submitted under subsection (b)(3).
SEC. 6514. COLLABORATION BETWEEN INTELLIGENCE COMMUNITY AND DEPARTMENT
OF COMMERCE TO COUNTER FOREIGN COMMERCIAL THREATS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Commerce, Science, and Transportation,
the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate;
and
(C) the Committee on Energy and Commerce, the Committee on
Armed Services, the Committee on Foreign Affairs, and the
Committee on Appropriations of the House of Representatives.
(2) Foreign commercial threat.--
(A) In general.--The term ``foreign commercial threat''
means a rare commercial item or service that is produced by,
offered by, sold by, licensed by, or otherwise distributed
under the control of a strategic competitor or foreign
adversary in a manner that may provide the strategic competitor
or foreign adversary leverage over an intended recipient.
(B) Determinations by working group.--In determining
whether an item or service is a foreign commercial threat, the
Working Group shall consider whether the strategic competitor
or foreign adversary could--
(i) withhold, or threaten to withhold, the rare
commercial item or service;
(ii) create reliance on the rare commercial item or
service as essential to the safety, health, or economic
wellbeing of the intended recipient; or
(iii) have its rare commercial item or service easily
replaced by a United States entity or an entity of an ally
or partner of the United States.
(3) Rare commercial item or service.--The term ``rare
commercial item or service'' means a good, service, or intellectual
property that is not widely available for distribution.
(b) Working Group.--
(1) Establishment.--Unless the Director of National
Intelligence and the Secretary of Commerce make the joint
determination specified in subsection (c), the Director and the
Secretary, in consultation with the Secretary of State, shall
jointly establish a working group to counter foreign commercial
threats (in this section referred to as the ``Working Group'').
(2) Membership.--The composition of the Working Group may
include any officer or employee of a department or agency of the
United States Government determined appropriate by the Director or
the Secretary.
(3) Duties.--The duties of the Working Group shall be the
following:
(A) To identify current foreign commercial threats.
(B) To identify probable future foreign commercial threats.
(C) To identify goods, services, or intellectual property
that, if produced by entities within the United States, or
allies or partners of the United States, would mitigate foreign
commercial threats.
(4) Meetings.--Not later than 30 days after the date of the
enactment of this Act, and on a regular basis that is not less
frequently than quarterly thereafter until the date of termination
under paragraph (5), the Working Group shall meet.
(5) Termination.--Beginning on the date that is 2 years after
the date of the establishment under paragraph (1), the Working
Group may be terminated upon the Director of National Intelligence
and the Secretary of Commerce jointly--
(A) determining that termination of the Working Group is
appropriate; and
(B) submitting to the appropriate congressional committees
a notification of such determination (including a description
of the justification for such determination).
(6) Reports.--
(A) Submission to congress.--Not later than 60 days after
the date of the enactment of this Act, and biannually
thereafter until the date of termination under paragraph (5),
the Working Group shall submit to the appropriate congressional
committees a report on the activities of the Working Group.
(B) Matters.--Each report under subparagraph (A) shall
include a description of the following:
(i) Any current or future foreign commercial threats
identified by the Working Group.
(ii) The strategy of the United States Government, if
any, to mitigate any current foreign commercial threats or
future foreign commercial threats so identified.
(iii) The plan of the intelligence community to provide
to the Department of Commerce and other nontraditional
customers of the intelligence community support in
addressing foreign commercial threats.
(iv) Any other significant activity of the Working
Group.
(c) Option to Discharge Obligation Through Other Means.--If the
Director of National Intelligence and the Secretary of Commerce make a
joint determination that the requirements of the Working Group under
subsection (b) (including the duties under paragraph (3) and the
reporting requirement under paragraph (6) of such subsection) may be
appropriately filled by an existing entity or structure, and submit to
the congressional intelligence committees a notification of such
determination (including a description of the justification for such
determination), the Director and Secretary may task such entity or
structure with such requirements in lieu of establishing the Working
Group.
SEC. 6515. INTELLIGENCE ASSESSMENT ON FOREIGN WEAPONIZATION OF
ADVERTISEMENT TECHNOLOGY DATA.
(a) Definitions.--In this section:
(1) Advertisement technology data.--The term ``advertisement
technology data'' means commercially available data derived from
advertisement technology that is used, or can be used, to geolocate
individuals or gain other targeting information on individuals.
(2) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) the Committee on Armed Services of the House of
Representatives; and
(E) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(b) Assessment.--The Director of National Intelligence shall
conduct an intelligence assessment of the counterintelligence risks of,
and the exposure of intelligence community and Department of Defense
personnel and activities to, tracking by foreign adversaries through
advertisement technology data.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the Director shall submit to the appropriate committees of
Congress a report on the intelligence assessment under subsection (b).
SEC. 6516. INTELLIGENCE COMMUNITY ASSESSMENT REGARDING RUSSIAN GRAY
ZONE ASSETS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) the Committee on Armed Services of the House of
Representatives; and
(E) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Gray zone activity.--The term ``gray zone activity'' has
the meaning given that term in section 825 of the Intelligence
Authorization Act for Fiscal Year 2022 (Public Law 117-103).
(3) Gray zone asset.--The term ``gray zone asset''--
(A) means an entity or proxy that is controlled, in whole
or in part, by a foreign adversary of the United States and is
used by such foreign adversary in connection with a gray zone
activity; and
(B) includes a state-owned enterprise of a foreign
adversary that is so used.
(b) Intelligence Community Assessment Regarding Russian Gray Zone
Assets.--
(1) Intelligence community assessment.--The Director of
National Intelligence, acting through the National Intelligence
Council, shall produce an intelligence community assessment that
contains--
(A) a description of the gray zone assets of Russia;
(B) an identification of any opportunities to hold such
gray zone assets at risk, as a method of influencing the
behavior of Russia; and
(C) an assessment of the risks and potential benefits, with
respect to the interests of the United States, that may result
from the seizure of such gray zone assets to hold the assets at
risk.
(2) Considerations.--In identifying opportunities to hold a
gray zone asset of Russia at risk under paragraph (1)(B), the
National Intelligence Council shall consider the following:
(A) The effect on civilians of holding the gray zone asset
at risk.
(B) The extent to which the gray zone asset is
substantially state-owned or substantially controlled by
Russia.
(C) The likelihood that holding the gray zone asset at risk
will influence the behavior of Russia.
(D) The likelihood that holding the gray asset at risk, or
degrading the asset, will affect any attempt of Russia to use
force to change existing borders or undermine the political
independence or territorial integrity of any state, including
Ukraine.
(E) Such other factors as the National Intelligence Council
may determine appropriate.
(3) Appendix.--The intelligence community assessment under
paragraph (1) shall include an appendix that contains a list of the
categories of gray zone assets of Russia, with specific examples
of--
(A) gray zone assets in each category; and
(B) for each such gray zone asset listed, the ways in which
Russia uses the asset to advance its gray zone activities.
(4) Submission.--The Director, consistent with the protection
of sources and methods, shall submit to the appropriate committees
of Congress the intelligence community assessment under paragraph
(1).
(5) Form.--The intelligence community assessment under
paragraph (1) shall be submitted in unclassified form, but may
contain a classified annex.
Subtitle C--Reports and Other Matters
SEC. 6521. REPORT ON ASSESSING WILL TO FIGHT.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Foreign Relations, the Committee on
Armed Services, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate.
(C) The Committee on Foreign Affairs, the Committee on
Armed Services, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
(2) Military will to fight.--The term ``military will to
fight'' means, with respect to the military of a country, the
disposition and decision to fight, act, or persevere as needed.
(3) National will to fight.--The term ``national will to
fight'' means, with respect to the government of a country, the
resolve to conduct sustained military and other operations for an
objective even when the expectation of success decreases or the
need for significant political, economic, and military sacrifices
increases.
(b) Findings.--Congress finds the following:
(1) According to a study by the RAND corporation, ``will to
fight'' is poorly analyzed and the least understood aspect of war.
(2) In testimony before the Select Committee on Intelligence of
the Senate in May 2022, top intelligence officials of the United
States indicated that although the intelligence community
accurately anticipated Russia's invasion of Ukraine, the
intelligence community did not accurately assess the will of
Ukrainian forces to fight in opposition to a Russian invasion or
that the Ukrainian forces would succeed in averting a rapid Russian
military occupation of Kyiv.
(3) According to the RAND corporation, the intelligence
community estimated that the Afghan government's forces could hold
out against the Taliban for as long as 2 years if all ground forces
of the United States were withdrawn. This estimate was revised in
June 2021 to reflect an intelligence community view that
Afghanistan's military collapse could come in 6 to 12 months. In
August 2021, the Afghan government fell within days after the
ground forces of the United States were withdrawn.
(4) Similarly, the rapid advance of the Islamic State in Iraq
and Syria and near-total collapse of the Iraqi Security Forces in
2014 appeared to take the policymakers of the United States by
surprise.
(5) The apparent gaps in these analyses had important
implications for policy decisions of the United States toward
Russia and Afghanistan, and suggest a need for further examination
of how the intelligence community assesses a foreign military's
will to fight.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, acting
through the National Intelligence Council and in coordination with the
heads of the elements of the intelligence community that the Director
determines appropriate, shall submit to the appropriate congressional
committees a report examining the extent to which analyses of the
military will to fight and the national will to fight informed the all-
source analyses of the intelligence community regarding how the armed
forces and governments of Ukraine, Afghanistan, and Iraq would perform
at key junctures.
(d) Elements.--The report under subsection (c) shall include the
following:
(1) The methodology of the intelligence community for measuring
the military will to fight and the national will to fight of a
foreign country.
(2) The extent to which analysts of the intelligence community
applied such methodology when assessing the military will to fight
and the national will to fight of--
(A) Afghanistan following the April 2021 announcement of
the full withdrawal of the United States Armed Forces;
(B) Iraq in the face of the rapid emergence and advancement
in 2014 of Islamic State in Iraq and Syria; and
(C) Ukraine and Russia during the initial phase of the
invasion and march toward Kyiv by Russia in February 2022.
(3) The extent to which--
(A) the assessments described in paragraph (2) depended on
the observations of personnel of the United States Armed Forces
who had trained Afghan, Iraqi, and Ukrainian armed forces; and
(B) such observations reflected any standardized, objective
methodology.
(4) Whether shortcomings in assessing the military will to
fight and the national will to fight may have affected the capacity
of the intelligence community to provide ``early warning'' about
the collapse of government forces in Iraq and Afghanistan.
(5) The extent to which ``red teaming'' was used to test the
assessments described in paragraph (2).
(6) The extent to which dissenting opinions of intelligence
analysts were highlighted in final written products presented to
senior policymakers of the United States.
(7) The extent to which analysts and supervisors adhered to the
policies, procedures, directives, and best practices of the
intelligence community.
(8) Recommendations for analyses by the intelligence community
going forward to incorporate lessons learned and enhance the
quality of future analytical products to more accurately reflect
the military will to fight and the national will to fight and
improve the capacity of the intelligence community to accurately
predict the success or failure of the armed forces of a foreign
country.
(e) Annex.--In submitting the report under subsection (c) to the
congressional intelligence committees, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives, the Director shall also include an accompanying annex,
which shall be classified, providing an inventory of the following:
(1) Collection gaps and challenges that may have affected the
analysis of the collapse of government forces in Iraq and
Afghanistan.
(2) Actions that the Director of National Intelligence has
taken to mitigate such gaps and challenges.
(f) Form.--The report under subsection (c) may be submitted in
classified form, but if so submitted, shall include an unclassified
summary of key findings, consistent with the protection of intelligence
sources and methods.
SEC. 6522. REPORT ON THREAT FROM HYPERSONIC WEAPONS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on Foreign
Relations, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report containing an
assessment of the threat to the United States, and to allies and
partners of the United States, from hypersonic weapons in light of the
use of such weapons by Russia in Ukraine.
(c) Elements.--The assessment under subsection (b) shall include
the following:
(1) The information learned by the United States regarding the
hypersonic weapons capabilities of Russia.
(2) Insights into the doctrine of Russia regarding the use of
hypersonic weapons.
(3) An assessment of how allies and partners of the United
States view the threat of hypersonic weapons.
(4) An assessment of the degree to which the development of
missiles with similar capabilities as hypersonic weapons used by
Russia would enhance or reduce the ability of the United States to
deter Russia from threatening the national security of the United
States.
(d) Form.--The report under subsection (b) may be submitted in
classified form.
SEC. 6523. REPORT ON ORDNANCE OF RUSSIA AND CHINA.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Defense Intelligence Agency
shall submit to the congressional intelligence committees and the
congressional defense committees a report on ordnance of Russia and
China, including the technical specificity required for the safe
handling and disposal of such ordnance.
(b) Coordination.--The Director shall carry out subsection (a) in
coordination with the head of any element of the Defense Intelligence
Enterprise that the Director determines appropriate.
(c) Definitions.--In this section:
(1) Congressional defense committees.--The term ``congressional
defense committees'' has the meaning given that term in section
101(a) of title 10, United States Code.
(2) Defense intelligence enterprise.--The term ``Defense
Intelligence Enterprise'' has the meaning given that term in
section 426(b) of title 10, United States Code.
SEC. 6524. REPORT ON ACTIVITIES OF CHINA AND RUSSIA TARGETING LATIN
AMERICA AND THE CARIBBEAN.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on
Armed Services, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
(C) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
(2) Foreign malign influence.--The term ``foreign malign
influence'' means any hostile effort undertaken by, at the
direction of, or on behalf of or with the substantial support of,
the government of a foreign country with the objective of
influencing, through overt or covert means--
(A) the political, military, economic, or other policies or
activities of the government of the country that is the target
of the hostile effort, including any election within such
target country; or
(B) the public opinion within such target country.
(3) Latin america and the caribbean.--The term ``Latin America
and the Caribbean'' means the countries and non-United States
territories of South America, Central America, the Caribbean, and
Mexico.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, acting
through the National Intelligence Council and in coordination with the
Secretary of State, shall submit to the appropriate committees of
Congress a report on activities undertaken by China and Russia in Latin
America and the Caribbean that are intended to increase the influence
of China and Russia, respectively, therein. Such report shall include a
description of the following:
(1) Foreign malign influence campaigns by China and Russia
targeting Latin America and the Caribbean.
(2) Financial investments intended to increase Chinese or
Russian influence in Latin America and the Caribbean.
(3) Efforts by China and Russia to expand diplomatic, military,
or other ties to Latin America and the Caribbean.
(4) Any other activities determined appropriate by the
Director.
(c) Matters.--With respect to the description of foreign malign
influence campaigns under subsection (b), the report shall include an
assessment of the following:
(1) The objectives of any such campaign.
(2) The themes and messaging used in any such campaign.
(3) The scale and nature of the threat posed by any such
campaign.
(4) The effect of such threat on the national security,
diplomatic, military, or economic interests of the United States.
(d) Form.--The report under subsection (b) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 6525. REPORT ON SUPPORT PROVIDED BY CHINA TO RUSSIA.
(a) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Armed
Services, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Armed Services, the Committee
on Ways and Means, and the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives.
(b) Requirement.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, consistent with
the protection of intelligence sources and methods, the Director of
National Intelligence, in consultation with the heads of elements of
the intelligence community that the Director determines appropriate,
shall submit to the appropriate congressional committees a report on
whether and how China, including with respect to the Government of the
People's Republic of China, the Chinese Communist Party, any Chinese
state-owned enterprise, and any other Chinese entity, has provided
support to Russia with respect to the unprovoked invasion of and full-
scale war by Russia against Ukraine.
(c) Matters Included.--The report under subsection (b) shall
include a discussion of support provided by China to Russia with
respect to--
(1) helping the Government of Russia or Russian entities evade
or circumvent sanctions by the United States or multilateral
sanctions and export controls;
(2) deliberately inhibiting onsite United States Government
export control end-use checks, including interviews and
investigations, in China;
(3) providing Russia with any technology, including
semiconductors classified as EAR99, that supports Russian
intelligence or military capabilities;
(4) establishing economic or financial arrangements that will
have the effect of alleviating the effect of sanctions by the
United States or multilateral sanctions; and
(5) providing any material, technical, or logistical support,
including to Russian military or intelligence agencies and state-
owned or state-linked enterprises.
(d) Form.--The report under subsection (c) shall be submitted in
unclassified form, but may contain a classified annex.
(e) Sunset.--The requirement to submit the report under subsection
(b) shall terminate on the earlier of--
(1) the date on which the Director of National Intelligence
determines the conflict in Ukraine has ended; or
(2) the date that is 2 years after the date of the enactment of
this Act.
SEC. 6526. REPORT ON GLOBAL CCP FINANCING OF PORT INFRASTRUCTURE.
(a) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on Foreign
Relations, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Secretary of State and the Secretary of Defense,
shall submit to the appropriate congressional committees a report
documenting all Chinese financing of port infrastructure globally,
during the period beginning on January 1, 2012, and ending on the date
of the submission of the report, and the commercial and economic
implications of such investments. The report shall also include the
following:
(1) A review of existing and potential or planned future
Chinese financing, including financing by government entities, and
state-owned enterprises, in port infrastructure at such ports.
(2) Any known Chinese interest in establishing a military or
intelligence presence at or near such ports.
(3) An assessment of China's current and potential future
ability to leverage commercial ports for military or intelligence
collection purposes and the implications of such ability for the
national security of the United States and allies and partners of
the United States.
(4) A description of activities undertaken by the United States
and allies and partners of the United States to help identify and
provide alternatives to Chinese investments in port infrastructure.
(c) Form.--The report required by subsection (b) shall be submitted
in unclassified form but may include a classified annex produced
consistent with the protection of sources and methods.
SEC. 6527. SENSE OF CONGRESS ON PROVISION OF SUPPORT BY INTELLIGENCE
COMMUNITY FOR ATROCITY PREVENTION AND ACCOUNTABILITY.
(a) Definitions.--In this section:
(1) Atrocities.--The term ``atrocities'' has the meaning given
that term in section 6 of the Elie Wiesel Genocide and Atrocities
Prevention Act of 2018 (Public Law 115-441; 132 Stat. 5586).
(2) Atrocity crime scene.--The term ``atrocity crime scene''
means 1 or more locations that are relevant to the investigation of
an atrocity, including buildings or locations (including bodies of
water) where physical evidence may be collected relating to the
perpetrators, victims, and events of the atrocity, such as mass
graves and other sites containing deceased individuals.
(b) Sense of Congress.--It is the sense of Congress that the
efforts of the United States Government regarding atrocity prevention
and response through interagency coordination, such as the Atrocity
Warning Task Force, are critically important and that the Director of
National Intelligence and the Secretary of Defense should, as
appropriate and in compliance with the American Servicemembers'
Protection Act of 2002 (22 U.S.C. 7421 et seq.), do the following:
(1) Require each element of the intelligence community to
support the Atrocity Warning Task Force in its mission to prevent
genocide and atrocities through policy formulation and program
development by--
(A) collecting and analyzing intelligence identified as an
atrocity, as defined in the Elie Wiesel Genocide and Atrocities
Prevention Act of 2018 (Public Law 115-441; 132 Stat. 5586);
(B) preparing unclassified intelligence data and geospatial
imagery products for coordination with appropriate domestic,
foreign, and international courts and tribunals prosecuting
persons responsible for crimes for which such imagery and
intelligence may provide evidence (including genocide, crimes
against humanity, and war crimes, including with respect to
missing persons and suspected atrocity crime scenes); and
(C) reassessing archived geospatial imagery containing
indicators of war crimes, other atrocities, forced
disappearances, and atrocity crime scenes.
(2) Continue to make available inputs to the Atrocity Warning
Task Force for the development of the Department of State Atrocity
Early Warning Assessment and share open-source data to support pre-
atrocity and genocide indicators and warnings to the Atrocity
Warning Task Force.
(3) Provide the President and Congress with recommendations to
improve policies, programs, resources, and tools relating to
atrocity intelligence collection and interagency coordination.
(4) Regularly consult and participate with designated
interagency representatives of relevant agencies and departments of
the United States Government.
(5) Ensure resources are made available for the policies,
programs, and tools relating to atrocity intelligence collection
and coordination with the Atrocity Warning Task Force.
TITLE LXVI--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
SEC. 6601. IMPROVING ONBOARDING OF PERSONNEL IN INTELLIGENCE COMMUNITY.
(a) Definition of Onboard Period.--In this section, the term
``onboard period'' means the period beginning on the date on which an
individual submits an application for employment and ending on--
(1) the date on which the individual is offered one or more
entrance on duty dates; or
(2) the date on which the individual enters on duty.
(b) Policy Guidance.--The Director of National Intelligence shall
establish policy guidance appropriate for all elements of the
intelligence community that can be used to measure, consistently and
reliably, the onboard period.
(c) Report.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations
of the House of Representatives a report on the time it takes to
onboard personnel in the intelligence community.
(2) Elements.--The report submitted under paragraph (1) shall
cover the mean and median time it takes to onboard personnel in the
intelligence community, disaggregated by mode of onboarding and
element of the intelligence community.
(d) Plan.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director, in coordination with the heads
of the elements of the intelligence community, shall submit to the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations
of the House of Representatives a plan to reduce the onboard period
for personnel in the intelligence community, for elements of the
intelligence community that currently have median onboarding times
that exceed 180 days.
(2) Elements.--The plan submitted under paragraph (1) shall
include milestones to achieve certain specific goals with respect
to the mean, median, and mode time it takes to onboard personnel in
the elements of the intelligence community described in such
paragraph, disaggregated by element of the intelligence community.
(e) Implementation.--The heads of the elements of the intelligence
community, including the Director of the Central Intelligence Agency,
shall implement the plan submitted under subsection (d) and take all
such actions each head considers appropriate and necessary to ensure
that by December 31, 2023, the median duration of the onboard period
for new employees at each element of the intelligence community is
equal to less than 180 days.
SEC. 6602. REPORT ON LEGISLATIVE ACTION REQUIRED TO IMPLEMENT TRUSTED
WORKFORCE 2.0 INITIATIVE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Deputy Director for Management of the Office
of Management and Budget shall, in the Deputy Director's capacity as
the Chair of the Security, Suitability, and Credentialing Performance
Accountability Council pursuant to section 2.4 of Executive Order 13467
(50 U.S.C. 3161 note; relating to reforming processes related to
suitability for Government employment, fitness for contractor
employees, and eligibility for access to classified national security
information), submit to Congress a report on the legislative action
required to implement the Trusted Workforce 2.0 initiative.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) Specification of the statutes that require amendment in
order to implement the initiative described in subsection (a).
(2) For each statute specified under paragraph (1), an
indication of the priority for enactment of an amendment.
(3) For each statute specified under paragraph (1), a
description of the consequences if the statute is not amended.
SEC. 6603. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY ASSESSMENT
OF ADMINISTRATION OF POLYGRAPHS IN INTELLIGENCE COMMUNITY.
(a) Assessment Required.--The Inspector General of the Intelligence
Community shall conduct an assessment of the administration of
polygraph evaluations that are needed in the intelligence community to
meet current annual personnel hiring requirements.
(b) Elements.--The assessment completed under subsection (a) shall
include the following:
(1) Identification of the number of polygraphers currently
available at each element of the intelligence community to meet the
requirements described in subsection (a).
(2) If the demand described in subsection (a) cannot be met, an
identification of the number of polygraphers that would need to be
hired and certified to meet it.
(3) A review of the effectiveness of alternatives to the
polygraph, including methods being researched by the National
Center for Credibility Assessment.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall brief the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives on the preliminary
findings of the Inspector General with respect to the assessment
conducted pursuant to subsection (a).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the committees described in subsection (c) a
report on the findings of the Inspector General with respect to the
assessment conducted pursuant to subsection (a).
SEC. 6604. TIMELINESS IN THE ADMINISTRATION OF POLYGRAPHS.
(a) Standards Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall,
in the Director's capacity as the Security Executive Agent pursuant
to section 803(a) of the National Security Act of 1947 (50 U.S.C.
3162a(a)), issue standards for timeliness for Federal agencies to
administer polygraphs conducted for the purpose of--
(A) adjudicating decisions regarding eligibility for access
to classified information (as defined in the procedures
established pursuant to section 801(a) of the National Security
Act of 1947 (50 U.S.C. 3161(a))); and
(B) granting reciprocity pursuant to Security Executive
Agent Directive 2, or successor directive.
(2) Publication.--The Director shall publish the standards
issued under paragraph (1) in the Federal Register or such other
venue as the Director considers appropriate.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to Congress a report
on how Federal agencies will comply with the standards issued under
subsection (a). Such plan shall specify the resources required by
Federal agencies to comply with such standards and the timeline for
doing so.
SEC. 6605. POLICY ON SUBMITTAL OF APPLICATIONS FOR ACCESS TO CLASSIFIED
INFORMATION FOR CERTAIN PERSONNEL.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall, in the Director's
capacity as the Security Executive Agent pursuant to section 803(a) of
the National Security Act of 1947 (50 U.S.C. 3162a(a)), issue a policy
that allows a private person to submit a certain number or proportion
of applications, on a nonreimbursable basis, for employee access to
classified information for personnel who perform key management and
oversight functions who may not merit an application due to their work
under any one contract.
SEC. 6606. TECHNICAL CORRECTION REGARDING FEDERAL POLICY ON SHARING OF
COVERED INSIDER THREAT INFORMATION.
Section 806(b) of the Intelligence Authorization Act for Fiscal
Year 2022 (Public Law 117-103) is amended by striking ``contracting
agency'' and inserting ``contractor that employs the contractor
employee''.
SEC. 6607. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REPORT ON
USE OF SPACE CERTIFIED AS SENSITIVE COMPARTMENTED INFORMATION
FACILITIES.
Not later than 180 days after the date of the enactment of this
Act, the Inspector General of the Intelligence Community shall submit
to the congressional intelligence committees a report on the
utilization of space owned or sponsored by an element of the
intelligence community, located in the continental United States, that
is certified as a sensitive compartmented information facility under
intelligence community or Department of Defense policy.
SEC. 6608. IMPROVING PROHIBITION OF CERTAIN PERSONNEL PRACTICES IN
INTELLIGENCE COMMUNITY WITH RESPECT TO CONTRACTOR EMPLOYEES.
Section 1104(c)(1)(A) of the National Security Act of 1947 (50
U.S.C. 3234(c)(1)(A)) is amended--
(1) by striking ``a supervisor of the contracting agency'' and
inserting ``a supervisor of the employing or contracting agency or
employing contractor'';
(2) by striking ``contracting agency (or an employee designated
by the head of that agency for such purpose)'' and inserting
``employing or contracting agency (or an employee designated by the
head of that agency for that purpose) or employing contractor'';
and
(3) by striking ``appropriate inspector general of the
contracting agency'' and inserting ``appropriate inspector general
of the employing or contracting agency''.
SEC. 6609. DEFINITIONS REGARDING WHISTLEBLOWER COMPLAINTS AND
INFORMATION OF URGENT CONCERN RECEIVED BY INSPECTORS GENERAL OF THE
INTELLIGENCE COMMUNITY.
(a) National Security Act of 1947.--Section 103H(k)(5)(G)(i)(I) of
the National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)(i)(I)) is
amended by striking ``within the'' and all that follows through
``policy matters.'' and inserting the following: ``of the Federal
Government that is--
``(aa) a matter of national security; and
``(bb) not a difference of opinion concerning
public policy matters.''.
(b) Inspector General Act of 1978.--Section 8H(h)(1)(A)(i) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking
``involving'' and all that follows through ``policy matters.'' and
inserting the following: ``of the Federal Government that is--
``(I) a matter of national security; and
``(II) not a difference of opinion concerning
public policy matters.''.
(c) Central Intelligence Agency Act of 1949.--Section
17(d)(5)(G)(i)(I)(aa) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)(G)(i)(I)(aa)) is amended by striking
``involving'' and all that follows through ``policy matters.'' and
inserting the following: ``of the Federal Government that is--
``(AA) a matter of national security; and
``(BB) not a difference of opinion
concerning public policy matters.''.
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
SEC. 6701. DEFINITIONS.
In this title:
(1) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given that term in section 5002 of
the National Artificial Intelligence Initiative Act of 2020 (15
U.S.C. 9401).
(2) Authorization to operate.--The term ``authorization to
operate'' has the meaning given that term in Circular Number A-130
of the Office of Management and Budget, ``Managing Information as a
Strategic Resource'', or any successor document.
(3) Code-free artificial intelligence enablement tools.--The
term ``code-free artificial intelligence enablement tools'' means
software that provides an environment in which visual drag-and-drop
applications, or similar tools, allow one or more individuals to
program applications without linear coding.
(4) Commercial product.--The term ``commercial product'' has
the meaning given that term in section 103 of title 41, United
States Code.
(5) Commercial service.--The term ``commercial service'' has
the meaning given that term in section 103a of title 41, United
States Code.
(6) Covered item or service.--The term ``covered item or
service'' means a product, system, or service that is not a
commercially available off-the-shelf item, a commercial service, or
a nondevelopmental item, as those terms are defined in title 41,
United States Code.
(7) Covered product.--The term ``covered product'' means a
commercial software product that involves emerging technologies or
artificial intelligence.
(8) Emerging technology.--The term ``emerging technology''
means--
(A) technology that is in a developmental stage or that may
be developed during the 10-year period beginning on January 1,
2022; or
(B) any technology included in the Critical and Emerging
Technologies List published by the White House in February
2022, or any successor document.
SEC. 6702. ADDITIONAL RESPONSIBILITIES OF DIRECTOR OF NATIONAL
INTELLIGENCE FOR ARTIFICIAL INTELLIGENCE POLICIES, STANDARDS, AND
GUIDANCE FOR THE INTELLIGENCE COMMUNITY.
(a) Responsibilities of Director of National Intelligence.--The
Director of National Intelligence, in consultation with the heads of
the elements of the intelligence community or the officials designated
under subsection (b), shall--
(1) establish, and periodically conduct reviews of, policies,
standards, and procedures relating to the acquisition, adoption,
development, use, coordination, and maintenance of artificial
intelligence capabilities and associated data, frameworks,
computing environments, and other enablers by the intelligence
community (including by incorporating and updating such policies
based on emerging technology capabilities), to accelerate and
increase the adoption of artificial intelligence capabilities
within the intelligence community;
(2) ensure policies established or updated pursuant to
paragraph (1) are consistent with--
(A) the principles outlined in the guidance of the Office
of the Director of National Intelligence titled ``Principles of
Artificial Intelligence Ethics for the Intelligence Community
and its Artificial Intelligence Ethics Framework for the
Intelligence Community'', or any successor guidance; and
(B) any other principles developed by the Director relating
to the governance, documentation, auditability, or evaluation
of artificial intelligence systems or the accurate, secure,
ethical, and reliable adoption or use of artificial
intelligence; and
(3) provide to the heads of the elements of the intelligence
community guidance for developing the National Intelligence Program
budget pertaining to such elements to facilitate the acquisition,
adoption, development, use, and maintenance of element-specific
artificial intelligence capabilities, and to ensure the associated
data, frameworks, computing environments, and other enablers are
appropriately prioritized.
(b) Designated Leads Within Each Element of the Intelligence
Community.--Each head of an element of the intelligence community, in
coordination with the Director of National Intelligence, shall identify
a senior official within the element to serve as the designated element
lead responsible for overseeing and coordinating efforts relating to
artificial intelligence, including through the integration of the
acquisition, technology, human capital, and financial management
aspects necessary for the adoption of artificial intelligence
solutions. Such designated element leads shall meet regularly to
consult and coordinate with the Director of National Intelligence
regarding the implementation of this section and this title.
SEC. 6703. DIRECTOR OF SCIENCE AND TECHNOLOGY.
(a) Emerging Technology Adoption.--The Director of Science and
Technology may--
(1) conduct reviews of the policies, standards, and procedures
of the intelligence community that relate to emerging technologies
and, as appropriate, recommend to the Director of National
Intelligence changes to such policies, standards, and procedures,
to accelerate and increase the adoption of emerging technologies by
the intelligence community;
(2) make recommendations, in coordination with the heads of the
elements of the intelligence community, to the Director of National
Intelligence with respect to the budgets of such elements, to
accelerate and increase the adoption of emerging technologies by
such elements; and
(3) coordinate with the Under Secretary of Defense for Research
and Engineering on initiatives, policies, and programs carried out
jointly between the intelligence community and the Department of
Defense to accelerate and increase the adoption of emerging
technologies.
(b) Appointment Criteria.--Section 103E(b) of the National Security
Act of 1947 (50 U.S.C. 3030(b)) is amended by adding at the end the
following: ``In making such appointment, the Director of National
Intelligence may give preference to an individual with experience
outside of the United States Government.''.
SEC. 6704. INTELLIGENCE COMMUNITY CHIEF DATA OFFICER.
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et
seq.) is amended by inserting after section 103J the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 103K. INTELLIGENCE COMMUNITY CHIEF DATA OFFICER.
``(a) Intelligence Community Chief Data Officer.--There is an
Intelligence Community Chief Data Officer within the Office of the
Director of National Intelligence who shall be appointed by the
Director of National Intelligence.
``(b) Requirement Relating to Appointment.--An individual appointed
as the Intelligence Community Chief Data Officer shall have a
professional background and experience appropriate for the duties of
the Intelligence Community Chief Data Officer. In making such
appointment, the Director of National Intelligence may give preference
to an individual with experience outside of the United States
Government.
``(c) Duties.--The Intelligence Community Chief Data Officer
shall--
``(1) act as the chief representative of the Director of
National Intelligence for data issues within the intelligence
community;
``(2) coordinate, to the extent practicable and advisable, with
the Chief Data Officer of the Department of Defense to ensure
consistent data policies, standards, and procedures between the
intelligence community and the Department of Defense;
``(3) assist the Director of National Intelligence regarding
data elements of the budget of the Office of the Director of
National Intelligence; and
``(4) perform other such duties as may be prescribed by the
Director of National Intelligence or specified in law.''.
Subtitle B--Improvements Relating to Procurement
SEC. 6711. ADDITIONAL TRANSACTION AUTHORITY.
(a) Annual Reports; Feasibility and Advisability Study.--
(1) Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 5 years, the
Director of National Intelligence shall submit to the congressional
intelligence committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives a report on the use of the authority under
paragraph (5) of section 102A(n) of the National Security Act of
1947 (50 U.S.C. 3024(n)), as added by subsection (b).
(2) Feasibility and advisability study.--
(A) Study.--The Director of National Intelligence shall
conduct a feasibility and advisability study on whether to
provide to the heads of the elements of the intelligence
community an additional transaction authority that is not
restricted only to basic, applied, and advanced research
projects and prototype projects (similar to such less
restrictive additional transaction authorities of the
Transportation Security Administration and the National
Aeronautics and Space Administration).
(B) Submission.--Not later than 1 year after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives the findings of
the study conducted under subparagraph (A), including, if the
Director determines a less restrictive additional transaction
authority is advisable pursuant to such study, an
identification of any legislative solutions or other actions
necessary to implement such authority.
(b) Additional Transaction Authority.--Section 102A(n) of the
National Security Act of 1947 (50 U.S.C. 3024(n)) is amended by adding
at the end the following:
``(5) Other Transaction Authority.--
``(A) In general.--In addition to other acquisition
authorities, the Director of National Intelligence may exercise the
acquisition authorities referred to in sections 4021 and 4022 of
title 10, United States Code, subject to the provisions of this
paragraph.
``(B) Delegation.--(i) The Director shall delegate the
authorities provided by subparagraph (A) to the heads of elements
of the intelligence community.
``(ii) The heads of elements of the intelligence community
shall, to the maximum extent practicable, delegate the authority
delegated under clause (i) to the official of the respective
element of the intelligence community responsible for decisions
with respect to basic, applied, or advanced research activities or
the adoption of such activities within such element.
``(C) Intelligence community authority.--(i) For purposes of
this paragraph, the limitation in section 4022(a)(1) of title 10,
United States Code, shall not apply to elements of the intelligence
community.
``(ii) Subject to section 4022(a)(2) of such title, the
Director may enter into transactions and agreements (other than
contracts, cooperative agreements, and grants) of amounts not to
exceed $75,000,000 under this paragraph to carry out basic,
applied, and advanced research projects and prototype projects in
support of intelligence activities.
``(iii) For purposes of this paragraph, the limitations
specified in section 4022(a)(2) of such title shall apply to the
intelligence community in lieu of the Department of Defense, and
the Director shall--
``(I) identify appropriate officials who can make the
determinations required in subparagraph (B)(i) of such section
for the intelligence community; and
``(II) brief the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives in lieu of the
congressional defense committees, as specified in subparagraph
(B)(ii) of such section.
``(iv) For purposes of this paragraph, the limitation in
section 4022(a)(3) of such title shall not apply to elements of the
intelligence community.
``(v) In carrying out this paragraph, section 4022(d)(1) of
such title shall be applied by substituting `Director of National
Intelligence' for `Secretary of Defense'.
``(vi) For purposes of this paragraph, the limitations in
section 4022(d)(2) of such title shall not apply to elements of the
intelligence community.
``(vii) In addition to the follow-on production contract
criteria in section 4022(f)(2) of such title, the following
additional criteria shall apply:
``(I) The authorizing official of the relevant element of
the intelligence community determines that Government users of
the proposed production product or production service have been
consulted.
``(II) In the case of a proposed production product that is
software, there are mechanisms in place for Government users to
provide ongoing feedback to participants to the follow-on
production contract.
``(III) In the case of a proposed production product that
is software, there are mechanisms in place to promote the
interoperability and accessibility with and between Government
and commercial software providers, including by the promotion
of open application programming interfaces and requirement of
appropriate software documentation.
``(IV) The award follows a documented market analysis as
mandated by the Federal Acquisition Regulations surveying
available and comparable products.
``(V) In the case of a proposed production product that is
software, the follow-on production contract includes a
requirement that, for the duration of such contract (or such
other period of time as may be agreed to as a term of such
contract)--
``(aa) the participants provide the most up-to-date
version of the product that is available in the commercial
marketplace and is consistent with security requirements;
``(bb) there are mechanisms in place for the
participants to provide timely updates to the production
product; and
``(cc) the authority specified in section 4022(f)(5) of
such title shall be exercised by the Director in lieu of
the Secretary of Defense.
``(D) Implementation policy.--The Director, in consultation
with the heads of the elements of the intelligence community,
shall--
``(i) not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2023, establish and implement an intelligence community-wide
policy prescribing the use and limitations of the authority
under this paragraph, particularly with respect to the
application of subparagraphs (B) and (C);
``(ii) periodically review and update the policy
established under clause (i); and
``(iii) submit to the congressional intelligence
committees, the Committee on Appropriations of the Senate, and
the Committee on Appropriations of the House of Representatives
the policy when established under clause (i) or updated under
clause (ii).
``(E) Annual report.--
``(i) In general.--Not less frequently than annually, the
Director shall submit to the congressional intelligence
committees, the Committee on Appropriations of the Senate, and
the Committee on Appropriations of the House of Representatives
a report detailing the use by the intelligence community of the
authority provided by this paragraph.
``(ii) Elements.--
``(I) Required elements.--Each report required by
clause (i) shall detail the following:
``(aa) The number of transactions.
``(bb) The participants to such transactions.
``(cc) The purpose of the transaction.
``(dd) The amount of each transaction.
``(ee) Concerns with the efficiency of the policy.
``(ff) Any recommendations for how to improve the
process.
``(II) Other elements.--Each report required by clause
(i) may describe such transactions which have been awarded
follow-on production contracts either pursuant to the
authority provided by this paragraph or another acquisition
authority available to the intelligence community.''.
SEC. 6712. IMPLEMENTATION PLAN AND ADVISABILITY STUDY FOR OFFICES OF
COMMERCIAL INTEGRATION.
(a) Plan and Study.--
(1) Submission.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the heads of the elements of the intelligence
community, shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives--
(A) a plan for the establishment of a centralized office or
offices within each appropriate element of the intelligence
community, to be known as the ``Office of Commercial
Integration'', for the purpose of--
(i) assisting persons desiring to submit an offer for a
contract with the intelligence community; and
(ii) assisting with the procurement of commercial
products and commercial services; and
(B) the findings of a study conducted by the Director into
the advisability of implementing such plan, including an
assessment of--
(i) whether there should be a single Office of
Commercial Integration for the intelligence community or
whether each element of the intelligence community shall
establish such an Office;
(ii) the costs and benefits of the implementation of
such plan; and
(iii) whether there is within any element of the
intelligence community an existing office or program
similar to the proposed Office of Commercial Integration.
(2) Elements.--The materials submitted under paragraph (1)
shall include the following:
(A) A recommendation by the Director, based on the findings
of the study under paragraph (1)(B), on--
(i) how the plan under paragraph (1)(A) compares to
specific alternative actions of the intelligence community
that could be taken to assist persons desiring to submit an
offer for a contract with the intelligence community and
assist with the procurement of commercial products and
commercial services; and
(ii) whether to implement such plan.
(B) A proposal for the designation of a senior official of
the Office of the Director of National Intelligence who would
be responsible for the coordination across the intelligence
community or across the Offices of Commercial Integration,
depending on the findings of the study under paragraph (1)(B).
(C) Draft guidelines that would require the coordination
and sharing of best practices and other information across the
intelligence community.
(D) A timeline of the steps that would be necessary to
establish each Office of Commercial Integration by the date
that is not later than 2 years after the date of the enactment
of this Act.
(E) An assessment of the personnel requirements, and any
other resource requirements, that would be necessary to
establish the Office or Offices of Commercial Integration by
such date, including--
(i) the amount of personnel necessary for the
establishment of the Office or Offices of Commercial
Integration; and
(ii) the necessary qualifications of any such
personnel.
(F) Policies regarding the types of assistance that, if an
Office or Offices of Commercial Integration were to be
established, could be provided to contractors by the Director
of such Office, taking into account the role of such assistance
as an incentive for emerging technology companies to enter into
contracts with the heads of the elements of the intelligence
community.
(G) Eligibility criteria for determining the types of
offerors or contractors that would be eligible to receive
assistance provided by each Office of Commercial Integration.
(H) Policies regarding outreach efforts that would be
required to be conducted by the Office or Offices of Commercial
Integration with respect to eligible contractors.
(I) Policies regarding how the intelligence community would
coordinate with the Director of the Federal Bureau of
Investigation to provide proactive counterintelligence risk
analysis and assistance to entities in the private sector.
(J) Draft guidelines that would require the Office or
Offices of Commercial Integration to appoint and assign
personnel with expertise in a range of disciplines necessary
for the accelerated integration of commercial technologies into
the intelligence community (as determined by the Office or
Offices of Commercial Integration), including expertise in the
following:
(i) Authorizations to operate.
(ii) Contracting.
(iii) Facility clearances.
(iv) Security clearances.
(K) Such other intelligence community-wide policies as the
Director of National Intelligence may prescribe relating to the
improvement of commercial integration (and the coordination of
such improvements) by and among the elements of the
intelligence community.
(b) Public Website on Commercial Integration.--
(1) Establishment.--Not later than 1 year after the date of the
date of enactment of this Act, the Director of National
Intelligence, in coordination with the head of the relevant
elements of the intelligence community (as determined by the
Director) and the designated element leads under section 6702(b),
shall establish a publicly accessible website that includes
relevant information necessary for offerors or contractors to
conduct business with each element of the intelligence community.
(2) Inclusion of certain information.--If there is established
an Office or Offices of Commercial Integration in accordance with
subsection (a), the website under paragraph (1) shall include--
(A) information, as appropriate, on the elements under
subsection (a)(2) relating to that Office; and
(B) contact information for the relevant senior officers of
the Office or Offices.
SEC. 6713. PILOT PROGRAM ON DESIGNATED EMERGING TECHNOLOGY TRANSITION
PROJECTS.
(a) Pilot Program.--The Director of National Intelligence shall
carry out a pilot program to more effectively transition promising
prototypes or products in a developmental stage to a production stage,
through designating eligible projects as ``Emerging Technology
Transition Projects''.
(b) Designation.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
issue guidelines to implement the pilot program under subsection
(a).
(2) Requirements.--The guidelines issued pursuant to paragraph
(1) shall include the following requirements:
(A) Each head of an element of the intelligence community
shall submit to the Director of National Intelligence a
prioritized list of not more than 10 eligible projects per year
to be considered for designation by the Director of National
Intelligence as Emerging Technology Transition Projects during
the budget formulation process.
(B) The Director of National Intelligence shall designate
not more than 10 eligible projects per year as Emerging
Technology Transition Projects.
(C) No eligible project may be designated by the Director
of National Intelligence as an Emerging Technology Transition
Project unless the head of an element of the intelligence
community includes the project in the prioritized list under
subparagraph (A) and submits to the Director of National
Intelligence, with respect to the project, each of the
following:
(i) A justification of why the product was nominated
for transition, including a description of the importance
of the proposed product to the mission of the intelligence
community and the nominating agency.
(ii) A certification that the project provides new
technologies or processes, or new applications of existing
technologies, that shall enable more effective alternatives
to existing programs, systems, or initiatives of the
intelligence community.
(iii) A certification that the project provides future
cost savings, significantly reduces the time to deliver
capabilities to the intelligence community, or
significantly improves a capability of the intelligence
community.
(iv) A certification that funding is not proposed for
the project in the budget request of the respective covered
element for the fiscal year following the fiscal year in
which the project is submitted for consideration.
(v) A certification in writing by the nominating head
that the project meets all applicable criteria and
requirements of the respective covered element for
transition to production and that the nominating head would
fund the project if additional funds were made available
for such purpose.
(vi) A description of the means by which the proposed
production product shall be incorporated into the
activities and long-term budget of the respective covered
element following such transition.
(vii) A description of steps taken to ensure that the
use of the product shall reflect commercial best practices,
as applicable.
(D) A clear description of the selection of eligible
projects, including specific criteria, that shall include, at a
minimum, the requirements specified in subparagraph (C).
(E) The designation of an official responsible for
implementing this section and coordinating with the heads of
the elements of the intelligence community with respect to the
guidelines issued pursuant to paragraph (1) and overseeing the
awards of funds to Emerging Technology Transition Projects with
respect to that element.
(3) Revocation of designation.--The designation of an Emerging
Technology Transition Project under subsection (b) may be revoked
at any time by--
(A) the Director of National Intelligence; or
(B) the relevant head of a covered element of the
intelligence community that previously submitted a project
under subsection (b), in consultation with the Director of
National Intelligence.
(c) Benefits of Designation.--
(1) Inclusion in multiyear national intelligence program
plan.--The Director of National Intelligence shall include in the
relevant multiyear national intelligence program plan submitted to
Congress under section 1403 of the National Defense Authorization
Act for Fiscal Year 1991 (50 U.S.C. 3301) the planned expenditures,
if any, of each designated project during the period of its
designation.
(2) Inclusion under separate exhibit.--The heads of elements of
the intelligence community shall ensure that each designated
project is included in a separate budget exhibit in the relevant
multiyear national intelligence program plan submitted to Congress
under such section 1403 of the National Defense Authorization Act
for Fiscal Year 1991 (50 U.S.C. 3301) for the period of the
designation of such project.
(3) Consideration in programming and budgeting.--Each
designated project shall be taken into consideration by the
nominating head in the programming and budgeting phases of the
intelligence planning, programming, budgeting, and evaluation
process during the period of its designation.
(d) Reports to Congress.--
(1) Annual reports.--On an annual basis for each fiscal year
during which the pilot program under subsection (a) is carried out,
concurrently with the submission of the budget of the President for
that fiscal year under section 1105(a) of title 31, United States
Code, the Director of National Intelligence shall submit to the
congressional intelligence committees and the Committees on
Appropriations of the House of Representatives and the Senate a
report that includes the following:
(A) A description of each designated project.
(B) A summary of the potential of each designated project,
as specified in subsection (b)(2)(C).
(C) For each designated project, a description of the
progress made toward delivering on such potential.
(D) A description of any funding proposed for the
designated project in the future-years intelligence program,
including by program, appropriation account, expenditure
center, and project.
(E) Such other information on the status of such pilot
program as the Director considers appropriate.
(2) Final report.--In the final report submitted under
paragraph (1) prior to the date of termination under subsection
(e), the Director of National Intelligence shall include a
recommendation on whether to extend the pilot program under
subsection (a) and the appropriate duration of such extension, if
any.
(e) Termination Date.--The authority to carry out the pilot program
under subsection (a) shall terminate on December 31, 2027.
(f) Definition of Covered Element of the Intelligence Community.--
In this section, the term ``covered element of the intelligence
community'' means the following:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The National Security Agency.
(4) The National Geospatial-Intelligence Agency.
(5) The National Reconnaissance Office.
(6) The Defense Intelligence Agency.
SEC. 6714. HARMONIZATION OF AUTHORIZATIONS TO OPERATE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Armed Services of the House of
Representatives; and
(5) the Committee on Appropriations of the House of
Representatives.
(b) Protocol.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of Defense and the heads of the
elements of the intelligence community, shall develop and submit to the
appropriate committees of Congress a single protocol setting forth
policies and procedures relating to authorizations to operate for
Department of Defense or intelligence community systems held by
industry providers.
(c) Limitation.--The protocol under subsection (b) shall be limited
to authorizations to operate for Department of Defense and intelligence
community systems.
(d) Elements.--The protocol under subsection (b) shall include, at
a minimum, the following:
(1) A policy for reciprocal recognition, as appropriate, among
the elements of the intelligence community and the Department of
Defense of authorizations to operate held by commercial providers.
Such reciprocal recognition shall be limited to authorizations to
operate for systems that collect, process, maintain, use, share,
disseminate, or dispose of data classified at an equal or lower
classification level than the original authorization.
(2) Procedures under which, subject to such criteria as may be
prescribed by the Director of National Intelligence jointly with
the Secretary of Defense, a provider that holds an authorization to
operate for a Department of Defense or intelligence community
system may provide to the head of an element of the intelligence
community or the Department of Defense the most recently updated
version of any software, data, or application for use on such
system without being required to submit an application for new or
renewed authorization.
(3) Procedures for the review, renewal, and revocation of
authorizations to operate held by commercial providers, including
procedures for maintaining continuous authorizations to operate,
subject to such conditions as may be prescribed by the Director of
National Intelligence, in coordination with the Secretary of
Defense. Such procedures may encourage greater use of modern
security practices already being adopted by the Department of
Defense and other Federal agencies, such as continuous
authorization with system security focused on continuous monitoring
of risk and security controls, active system defense, and the use
of an approved mechanism for secure and continuous delivery of
software (commonly referred to as ``DevSecOps'').
(4) A policy for the harmonization of documentation
requirements for commercial providers submitting applications for
authorizations to operate, with the goal of a uniform requirement
across the Department of Defense and the elements of the
intelligence community (subject to exceptions established by the
Director and the Secretary). Such policy shall include the
following requirements:
(A) A requirement for the full disclosure of evidence in
the reciprocity process across the Department of Defense and
the elements of the intelligence community.
(B) With respect to a system with an existing authorization
to operate, a requirement for approval by the Chief Information
Officer or a designated official (as the head of the respective
element of the intelligence community determines appropriate)
for such system to operate at an equal or higher level
classification level, to be granted prior to the performance of
an additional security assessment with respect to such system,
and regardless of which element of the intelligence community
or Department of Defense granted the original authorization.
(5) A requirement to establish a joint secure portal of the
Office of the Director of National Intelligence and the Department
of Defense for the maintenance of records, applications, and system
requirements for authorizations to operate.
(6) A plan to examine, and if necessary, address, the shortage
of intelligence community and Department of Defense personnel
authorized to support and grant an authorization to operate. Such
plan shall include--
(A) a report on the current average wait times for
authorizations to operate and backlogs, disaggregated by each
element of the intelligence community and the Department of
Defense;
(B) appropriate recommendations to increase pay or
implement other incentives to recruit and retain such
personnel; and
(C) a plan to leverage independent third-party assessment
organizations to support assessments of applications for
authorizations to operate.
(7) Procedures to ensure data security and safety with respect
to the implementation of the protocol.
(8) A proposed timeline for the implementation of the protocol
by the deadline specified in subsection (g).
(e) Coordinating Officials.--Not later than 60 days after the date
of the enactment of this Act--
(1) the Director of National Intelligence shall designate an
official of the Office of the Director of National Intelligence
responsible for implementing this section on behalf of the Director
and leading coordination across the intelligence community for such
implementation;
(2) the Secretary of Defense shall designate an official of the
Department of Defense responsible for implementing this section on
behalf of the Secretary and leading coordination across the
Department of Defense for such implementation; and
(3) each head of an element of the intelligence community shall
designate an official of that element responsible for implementing
this section and overseeing implementation of the protocol under
subsection (b) with respect to the element.
(f) Documentation Requirements.--Under the protocol under
subsection (b), no head of a Federal agency may commence the operation
of a system using an authorization to operate granted by another
Federal agency without possessing documentation of the original
authorization to operate.
(g) Implementation Required.--The protocol under subsection (b)
shall be implemented not later than January 1, 2025.
SEC. 6715. PLAN TO EXPAND SENSITIVE COMPARTMENTED INFORMATION FACILITY
ACCESS BY CERTAIN CONTRACTORS; REPORTS ON EXPANSION OF SECURITY
CLEARANCES FOR CERTAIN CONTRACTORS.
(a) Plan; Briefing.--
(1) In general.--Not later than 180 days after the date of the
date of enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Defense and the
heads of such other elements of the intelligence community as the
Director of National Intelligence may determine appropriate,
shall--
(A) develop a plan to expand access by contractors of small
emerging technology companies to sensitive compartmented
information facilities for the purpose of providing such
contractors with a facility to securely perform work; and
(B) provide to the congressional intelligence committees,
the Committee on Armed Services and the Committee on
Appropriations of the Senate, and the Committee on Armed
Services and the Committee on Appropriations of the House of
Representatives a briefing on such plan.
(2) Matters.--The plan under paragraph (1) shall include the
following:
(A) An overview of the existing sensitive compartmented
information facilities, if any, that may be available for the
purpose specified in paragraph (1).
(B) An assessment of the feasibility of building additional
sensitive compartmented information facilities for such
purpose.
(C) An assessment of the relative costs and benefits of
repurposing existing, or building additional, sensitive
compartmented information facilities for such purpose.
(D) The eligibility criteria for determining which
contractors under this section may be granted access to
sensitive compartmented information facilities for such
purpose.
(E) An estimate of the maximum number of contractors that
may be provided access to sensitive compartmented information
facilities for such purpose, taking into account the matters
specified in subparagraphs (A) and (B).
(F) Policies to ensure the efficient and narrow use of
sensitive compartmented information facilities for such
purpose, including a timeline for the length of such use by a
contractor under this section and a detailed description of the
process to terminate access to the sensitive compartmented
information facility by such contractor upon--
(i) the expiration of the contract or agreement of the
contractor; or
(ii) a determination that the contractor no longer has
a need for such access to fulfill the terms of such
contract or agreement.
(G) Pricing structures for the use of sensitive
compartmented information facilities by contractors for the
purpose specified in paragraph (1). Such pricing structures--
(i) may include free use (for the purpose of
incentivizing future contracts), with the potential for
pricing to increase dependent on the length of the contract
or agreement, the size of the contractor, and the need for
such use; and
(ii) shall ensure that the cumulative cost for a
contractor to rent and independently certify a sensitive
compartmented information facility for such purpose does
not exceed the market average for the Director of National
Intelligence or the Secretary of Defense to build, certify,
and maintain a sensitive compartmented information
facility.
(H) A security plan for vetting each contractor prior to
the access of a sensitive compartmented information facility by
the contractor for the purpose specified in paragraph (1), and
an assessment of potential security concerns regarding such
access.
(I) A proposed timeline for the expansion of access to
sensitive compartmented information facilities in accordance
with paragraph (1).
(J) Such other matters as the Director of National
Intelligence or the Secretary of Defense considers relevant to
such expansion.
(b) Eligibility Criteria for Contractors.--Unless the Director of
National Intelligence determines the source of the financing of a
contractor poses a national security risk, such source of financing may
not be taken into consideration in making a determination as to the
eligibility of the contractor in accordance with subsection (a)(2)(D).
(c) Reports on Expansion of Security Clearances for Certain
Contractors.--
(1) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Director of National Intelligence and the Secretary of Defense
shall jointly submit to the congressional intelligence committees,
the Committee on Armed Services of the Senate, and the Committee on
Armed Services of the House of Representatives a report on the
extent to which security clearance requirements delay, limit, or
otherwise disincentivize emerging technology companies from
entering into contracts with the United States Government.
(2) Matters.--Each report under paragraph (1) shall include the
following:
(A) Statistics on the periods of time between the
submission of applications for security clearances by employees
of emerging technology companies and the grant of such security
clearances, disaggregated by the size of the respective
company.
(B) The number of security clearances granted to employees
of small emerging technology companies during the period
covered by the report.
(C) The number of applications for security clearances
submitted by employees of emerging technology companies that
have yet to be adjudicated as of the date on which the report
is submitted.
(D) A projection, for the year following the date on which
the report is submitted, of the number of security clearances
necessary for employees of emerging technology companies to
perform work on behalf of the intelligence community during
such year, and an assessment of the capacity of the
intelligence community to meet such demand.
(E) An identification of each occurrence, during the period
covered by the report, in which an emerging technology company
withdrew from or declined to accept a contract with the United
States Government on the sole basis of delays, limitations, or
other issues involving security clearances, and a description
of the types of business the United States Government has lost
as a result of such occurrences.
(F) Recommendations for expediting the grant of security
clearances to employees of emerging technology companies,
including with respect to any additional resources,
authorities, or personnel that the Director of National
Intelligence determines may be necessary for such expedition.
(3) Form.--Each report under paragraph (1) may be submitted in
classified form, but if so submitted shall include an unclassified
executive summary.
(d) Proposal Concurrent With Budget Submission.--At the time that
the President submits to Congress the budget for fiscal year 2024
pursuant to section 1105 of title 31, United States Code, the Director
of National Intelligence shall submit to the congressional intelligence
committees a proposal to improve the capacity of the workforce
responsible for the investigation and adjudication of security
clearances, with the goal of reducing the period of time specified in
subsection (c)(2)(A) to fewer than 60 days. Such proposal shall include
an identification of any resources the Director of National
Intelligence determines necessary to expand the number of individuals
authorized to conduct polygraphs on behalf of the intelligence
community, including by furnishing necessary training to such
individuals.
(e) Applicability.--The plan, briefing, reports, and proposal
required by this section shall apply only with respect to the
intelligence community and the Department of Defense.
SEC. 6716. COMPLIANCE BY INTELLIGENCE COMMUNITY WITH REQUIREMENTS OF
FEDERAL ACQUISITION REGULATION RELATING TO COMMERCIALLY AVAILABLE OFF-
THE-SHELF ITEMS AND COMMERCIAL SERVICES.
(a) Compliance Policy.--
(1) Requirement.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall
implement a policy to ensure that each element of the intelligence
community complies with parts 10 and 12 of the Federal Acquisition
Regulation with respect to any Federal Acquisition Regulation-based
procurements.
(2) Elements.--The policy under paragraph (1) shall include the
following:
(A) Written criteria for an element of the intelligence
community to evaluate when a procurement of a covered item or
service is permissible, including--
(i) requiring the element to conduct an independent
market analysis to determine whether a commercially
available off-the-shelf item, nondevelopmental item, or
commercial service is viable; and
(ii) a description of the offeror for such covered item
or service and how the covered item or service to be
acquired will be integrated into existing systems of the
intelligence community.
(B) A detailed set of performance measures for the
acquisition personnel of the intelligence community that--
(i) prioritizes adherence to parts 10 and 12 of the
Federal Acquisition Regulation;
(ii) encourages acquisition of commercially available
off-the-shelf items, nondevelopmental items, or commercial
services; and
(iii) incentivizes such personnel of the intelligence
community that enter into contracts for covered items or
services only when necessary.
(3) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives--
(A) the policy developed pursuant to paragraph (1); and
(B) the plan to implement such policy by not later than 1
year after the date of such enactment.
(4) Market analysis.--In carrying out the independent market
analysis pursuant to paragraph (2)(A)(i), the Director may enter
into a contract with an independent market research group with
qualifications and expertise to find available commercial products
or commercial services to meet the needs of the intelligence
community.
(b) Annual Reports.--
(1) Requirement.--Not later than 2 years after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Director, in consultation with the head of each element of the
intelligence community, shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives a report on the policy developed under subsection
(a).
(2) Elements.--Each report under paragraph (1) shall include,
with respect to the period covered by the report, the following:
(A) An evaluation of the success of the policy, including
with respect to the progress the elements have made in
complying with parts 10 and 12 of the Federal Acquisition
Regulation.
(B) A description of how any market analyses are conducted
pursuant to subsection (a)(2)(A)(i).
(C) Any recommendations to improve compliance with such
parts 10 and 12.
SEC. 6717. POLICY ON REQUIRED USER ADOPTION METRICS IN CERTAIN
CONTRACTS FOR ARTIFICIAL INTELLIGENCE AND EMERGING TECHNOLOGY SOFTWARE
PRODUCTS.
(a) Policy.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
establish a policy regarding user adoption metrics for contracts and
other agreements for the procurement of covered products as follows:
(1) With respect to a contract or other agreement entered into
between the head of an element of the intelligence community and a
commercial provider for the procurement of a covered product for
users within the intelligence community, a requirement that each
such contract or other agreement include, as a term of the contract
or agreement, an understanding of the anticipated use of the
covered product with a clear metric for success and for collecting
user adoption metrics, as appropriate, for assessing the adoption
of the covered product by such users.
(2) Such exceptions to the requirements under paragraph (1) as
may be determined appropriate pursuant to guidance established by
the Director of National Intelligence.
(3) A requirement that prior to the procurement of, or the
continuation of the use of, any covered product procured by the
head of an element of the intelligence community, the head has
determined a method for assessing the success of the covered
product from user adoption metrics.
(b) Submission.--Not later than 60 days after the date on which the
policy under subsection (a) is established, the Director of National
Intelligence shall submit to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives such policy.
SEC. 6718. CERTIFICATION RELATING TO INFORMATION TECHNOLOGY AND
SOFTWARE SYSTEMS.
(a) Certifications Required.--Prior to the date on which the head
of an element of the intelligence community enters into, renews, or
extends a contract for the acquisition of an information technology or
software system, the head shall certify to the Director of National
Intelligence the following:
(1) That the information technology or software system is the
most up-to-date version of the system available or, if it is not,
why a more out of date version was chosen.
(2) That the information technology or software system is
compatible with integrating new and emerging technologies, such as
artificial intelligence.
(3) That the information technology or software system was
thoroughly reviewed and alternative products are not superior to
meet the requirements of the element.
(b) Exemption.--The Director of National Intelligence may exempt
elements of the intelligence community, as appropriate, from the
requirements under (a) if meeting such requirements may pose security
or operational risks.
(c) Guidance.--The Director shall issue to the heads of the
elements of the intelligence community, and submit to the congressional
intelligence committees, the Subcommittee on Defense of the Committee
on Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, guidance
to--
(1) establish guidelines that the heads of the relevant
elements of the intelligence community shall use to evaluate the
criteria required for the certifications under subsection (a);
(2) incentivize each such head to adopt and integrate new and
emerging technology within information technology and software
systems of the element and to decommission and replace outdated
systems, including through potential funding enhancements; and
(3) incentivize, and hold accountable, personnel of the
intelligence community with respect to the integration of new and
emerging technology within such systems, including through the
provision of appropriate training programs and evaluations.
Subtitle C--Reports
SEC. 6721. REPORTS ON INTEGRATION OF ARTIFICIAL INTELLIGENCE WITHIN
INTELLIGENCE COMMUNITY.
(a) Reports by Elements of Intelligence Community.--Not later than
180 days after the date of the enactment of this Act, each senior
official within an element of the intelligence community identified as
a designated element lead pursuant to section 6702(b) shall submit to
the congressional intelligence committees, the Subcommittee on Defense
of the Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives a report on the efforts of that element to develop,
acquire, adopt, and maintain artificial intelligence to improve
intelligence collection and analysis and optimize internal work flows.
Each such report shall include the following:
(1) A description of the authorities of the element relating to
the use of artificial intelligence.
(2) A list of any resource or authority necessary to accelerate
the adoption by the element of artificial intelligence solutions,
including commercial products, or personnel authorities.
(3) A description of the element's roles, responsibilities, and
authorities for accelerating the adoption by the element of
artificial intelligence solutions.
(4) The application of the policies and principles described in
section 6702(a)(2) to paragraphs (1), (2), and (3).
(b) Audits by Inspectors General.--
(1) Audits.--Not later than 2 years after the date of the
enactment of this Act, each inspector general with oversight
responsibility for an element of the intelligence community shall
conduct and audit, and brief congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives the findings of the
audit, to evaluate the following:
(A) The efforts of such element to develop, acquire, adopt,
and maintain artificial intelligence capabilities for the
purpose of improving intelligence collection and analysis in a
timely manner and the extent to which such efforts are
consistent with the policies and principles described in
section 6702(a)(2);
(B) The degree to which the element has implemented each of
the provisions of this title.
(C) Any administrative or technical barriers to the
accelerated adoption of artificial intelligence by such
element.
(2) Input required.--The results of each audit under paragraph
(1) shall be disaggregated by, and include input from,
organizational units of the respective element of the intelligence
community that focus on the following:
(A) Acquisitions and contracting.
(B) Personnel and workforce matters.
(C) Financial management and budgeting.
(D) Operations and capabilities.
(3) Audit of office of director of national intelligence.--With
respect to the audit of the Office of the Director of National
Intelligence conducted by the Inspector General of the Intelligence
Community under paragraph (1), the Inspector General shall also
audit the extent to which the Director of National Intelligence
coordinates across the intelligence community for the purpose of
ensuring the adoption of best practices, the use of shared
contracting vehicles for products and services that meet common
requirements, the sharing of information, and the efficient use of
resources, relating to artificial intelligence.
(c) Annual Report by Director of National Intelligence.--
(1) Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Director of National Intelligence, in consultation with the heads
of the elements of the intelligence community, shall submit to the
congressional intelligence committees, the Subcommittee on Defense
of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the
House of Representatives a report on the progress of the adoption
of artificial intelligence within the intelligence community.
(2) Matters.--Each report under paragraph (1) shall include,
with respect to the year covered by the report, the following:
(A) A detailed description of the progress of each element
of the intelligence community in the adoption and maintenance
of artificial intelligence during such year, including a
detailed description of any--
(i) artificial intelligence programs or systems adopted
by the element;
(ii) contracts entered into by the head of the element
with small- or medium-sized emerging technology companies
for commercial products involving artificial intelligence;
and
(iii) relevant positions established or filled within
the element.
(B) A description of any policies of the intelligence
community issued during such year that relate to the adoption
of artificial intelligence within the intelligence community,
including an assessment of the compliance with such policies by
the elements of the intelligence community.
(C) A list of recommendations for the efficient,
accelerated, and comprehensive adoption of artificial
intelligence across the intelligence community during the year
following the year covered by the report, including any
technological advances in artificial intelligence that the
intelligence community should leverage from industry actors.
(D) An overview of the advances of foreign adversaries in
the field of artificial intelligence, and steps that may be
taken to ensure the United States Government outpaces foreign
adversaries in such field.
(E) Any gaps in resource or authorities, or other
administrative or technical barriers, to the adoption of
artificial intelligence by the intelligence community.
(F) Such other matters as the Director may determine
appropriate.
(3) Form.--Each report under paragraph (1) may be submitted in
classified form.
(4) Entry by chief data officer.--Each report under paragraph
(1) shall include an entry by the Intelligence Community Chief Data
Officer that addresses each of the matters specified in paragraph
(2) with respect to the organization of data for the accelerated
adoption of artificial intelligence solutions.
SEC. 6722. REPORT ON POTENTIAL BENEFITS OF ESTABLISHMENT OF ICWERX.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Director of National Intelligence, in coordination with
the Director of the Central Intelligence Agency and the Director of the
National Security Agency, shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the Committee
on Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives an
assessment of whether the intelligence community would benefit from the
establishment of a new organization to be known as ``ICWERX'', the
mission and activities of which would incorporate lessons learned from
AFWERX of the Air Force (or such successor program), the Defense
Innovation Unit of the Department of Defense, In-Q-Tel, and other
programs sponsored by the Federal Government with a focus on
accelerating the adoption of emerging technologies for mission-relevant
applications or innovation.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A review of the existing avenues for small- and medium-
sized emerging technology companies to provide to the intelligence
community artificial intelligence or other technology solutions,
including an identification, for each of the 5 years preceding the
year in which the report is submitted, of the annual number of such
companies that have provided the intelligence community with such
solutions.
(2) A review of the existing processes by which the heads of
the elements of the intelligence community acquire and transition
commercial research of small- and medium-sized emerging technology
companies in a prototype or other early developmental stage.
(3) An assessment of--
(A) whether the intelligence community is currently
postured to incorporate the technological innovations of
emerging technology companies, including in software and
hardware; and
(B) any areas in which the intelligence community lacks
resources, authorities, personnel, expertise, or institutional
mechanisms necessary for such incorporation.
(4) An assessment of whether a potential ICWERX would be
positioned to--
(A) assist small emerging technology companies, and
potentially medium-sized emerging technology companies, in
accelerating the procurement and fielding of innovative
technologies; and
(B) provide the intelligence community with greater access
to innovative companies at the forefront of emerging
technologies.
(5) An assessment of the potential costs and benefits
associated with the establishment of ICWERX in accordance with
subsection (a).
SEC. 6723. REQUIREMENTS AND REPORT ON WORKFORCE NEEDS OF INTELLIGENCE
COMMUNITY RELATING TO SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH, AND
RELATED AREAS.
(a) Requirements.--The Director of National Intelligence, in
coordination with the heads of human capital from each element of the
intelligence community, shall--
(1) develop a plan for the recruitment and retention of
personnel to positions the primary duties of which involve the
integration, maintenance, or use of artificial intelligence (and
the retention and training of personnel serving in such positions),
including with respect to the authorities and requirements under
section 6732(b);
(2) develop a plan for the review and evaluation, on a
continuous basis, of the expertise necessary to accelerate the
adoption of artificial intelligence and other emerging technology
solutions; and
(3) coordinate and share information and best practices
relating to such recruitment and retention within the element and
across the intelligence community.
(b) Report.--
(1) Submission.--Not later than January 1, 2024, the Director
of National Intelligence, in coordination with heads of human
capital from each element of the intelligence community, shall
submit to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a single report on
the workforce needs of each element of the intelligence community
relating to emerging technologies, with a specific focus on
artificial intelligence.
(2) Elements.--The report under paragraph (1) shall include,
with respect to each element of the intelligence community, the
following:
(A) A description of the number and types of personnel in
work roles whose primary official duties include artificial
intelligence responsibilities.
(B) A detailed description of the plans for each element
developed pursuant to subsection (a).
(3) Other matters.--The report under paragraph (1) shall also
include an assessment of the quality and sustainability of the
talent pipeline of the intelligence community with respect to
talent in emerging technologies, including artificial intelligence.
Such assessment shall include the following:
(A) A description of the education, recruitment, and
retention programs (including skills-based training and career
and technical educational programs) available to personnel of
the intelligence community, regardless of whether such programs
are administered by the head of an element of the intelligence
community or the head of another Federal department or agency,
and an analysis of how such programs support the quality and
sustainability of such talent pipeline.
(B) A description of the relevant authorities available to
the heads of the elements of the intelligence community to
promote the quality and sustainability of such talent pipeline.
(C) An assessment of any gaps in authorities, resources,
recruitment or retention incentives, skills-based training, or
educational programs, that may negatively affect the quality or
sustainability of such talent pipeline.
(4) Form.--The report under paragraph (1) shall be submitted in
classified or unclassified form, as appropriate.
(c) Information Access.--The heads of the elements of the
intelligence community shall furnish to the Director of National
Intelligence such information as may be necessary for the development
of the report under subsection (b).
Subtitle D--Talent, Education, and Training
SEC. 6731. REPORT ON ESTABLISHMENT OF TECHNOLOGY ACQUISITION CADRE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives a report containing a feasibility and advisability
study on establishing a cadre of personnel who are experts in emerging
technologies, software development, systems integration, and
acquisition, to improve the adoption of commercial solutions for
emerging technologies across the intelligence community, particularly
as the technologies relate to artificial intelligence.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An examination regarding whether a cadre of personnel
described in subsection (a) would be an effective and efficient
means to substantially improve and accelerate the adoption of
commercial artificial intelligence and other emerging technology
products and services in support of the missions of the
intelligence community if the cadre has the capacity and relevant
expertise to--
(A) accelerate the adoption of emerging technologies,
including with respect to artificial intelligence;
(B) assist with software development and acquisition; and
(C) develop training requirements for acquisition
professionals within the elements of the intelligence
community.
(2) An assessment of--
(A) whether the establishment of the cadre would require
additional statutory authorities or resources, including to
recruit, hire, and retain the talent and expertise needed to
establish the cadre;
(B) the benefits, costs, and risks associated with the
establishment of a cadre;
(C) a recommendation on whether to establish the cadre; and
(D) if a recommendation to establish the cadre is made, a
plan for implementation of the cadre, including the proposed
size of the cadre, how the cadre would be resourced, managed,
and organized, and whether the cadre should be centrally
managed or reside at individual elements of the intelligence
community.
SEC. 6732. EMERGING TECHNOLOGY EDUCATION AND TRAINING.
(a) Training Curriculum.--
(1) Requirement.--No later than 270 days after the date of the
enactment of this Act, the Director of National Intelligence and
the Secretary of Defense, in consultation with the President of the
Defense Acquisition University and the heads of the elements of the
intelligence community that the Director and Secretary determine
appropriate, shall jointly establish a training curriculum for
members of the acquisition workforce in the Department of Defense
(as defined in section 101 of title 10, United States Code) and the
acquisition officials within the intelligence community focused on
improving the understanding and awareness of contracting
authorities and procedures for the acquisition of emerging
technologies.
(2) Provision of training.--The Director shall ensure that the
training curriculum under paragraph (1) is made available to each
element of the intelligence community not later than 60 days after
the completion of the curriculum.
(3) Report.--Not later than January 1, 2024, the Director and
Secretary shall jointly submit to the congressional intelligence
committees, the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and the
Committee on Armed Services and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a
report containing an update on the status of the curriculum under
paragraph (1).
(b) Agreements Officers.--Not later than October 1, 2024, the
Director of National Intelligence shall ensure that at least 75 percent
of the contracting staff within the intelligence community whose
primary responsibilities include the acquisition of emerging
technologies shall have received the appropriate training to become
warranted as agreements officers who are given authority to execute and
administer the transactions authorized by paragraph (5) of section
102A(n) of the National Security Act of 1947 (50 U.S.C. 3024(n)), as
added by section 6711. The training shall include--
(1) the appropriate courses offered by the Defense Acquisition
University;
(2) the training curriculum established under subsection (a);
and
(3) best practices for monitoring, identifying, and procuring
emerging technologies with potential benefit to the intelligence
community, including commercial services and products.
(c) Establishment of Emerging Technology Training Activities.--
(1) Requirement.--Not later than January 1, 2024, the Director
of National Intelligence, in coordination with the heads of the
elements of the intelligence community that the Director determines
relevant, shall establish and implement training activities
designed for appropriate mid-career and senior managers across the
intelligence community to train the managers on how to identify,
acquire, implement, and manage emerging technologies as such
technologies may be applied to the intelligence community.
(2) Certification.--Not later than 2 years after the date on
which the Director establishes the training activities under
paragraph (1), each head of an element of the intelligence
community shall certify to the Director whether the managers of the
element described in paragraph (1) have successfully completed the
education activities.
(3) Briefing.--Not later than January 1, 2024, the Director of
National Intelligence shall provide to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives a briefing regarding the training activities
established under paragraph (1), including--
(A) an overview of--
(i) the managers described in paragraph (1) who
participated in the training activities; and
(ii) what technologies were included in the training
activities; and
(B) an identification of other incentives, activities,
resources, or programs the Director determines may be necessary
to ensure the managers are generally trained in the most
emerging technologies and able to retain and incorporate such
technologies across the intelligence community.
Subtitle E--Other Matters
SEC. 6741. IMPROVEMENTS TO USE OF COMMERCIAL SOFTWARE PRODUCTS.
(a) Policy Regarding Procurement of Commercial Software Products.--
Not later than 1 year after the date of the enactment of this Act, the
Director of National Intelligence, in consultation with the heads of
the elements of the intelligence community and appropriate
nongovernmental experts that the Director determines relevant, shall
issue an intelligence community-wide policy to ensure the procurement
of commercial software products by the intelligence community is
carried out--
(1) using, to the extent practicable, standardized terminology;
and
(2) in accordance with acquisition and operation best practices
reflecting modern software as a service capabilities.
(b) Elements.--The policy issued under subsection (a) shall include
the following:
(1) Guidelines for the heads of the elements of the
intelligence community to determine which contracts for commercial
software products are covered by the policy, including with respect
to agreements, authorizations to operate, and other acquisition
activities.
(2) Guidelines for using standardized terms in such contracts,
modeled after commercial best practices, including common
procedures and language regarding--
(A) terms for the responsible party and timelines for
system integration under the contract;
(B) a mechanism included in each contract to ensure the
ability of the vendor to provide, and the United States
Government to receive, continuous updates and version control
for the software, subject to appropriate security
considerations;
(C) automatic technological mechanisms for security and
data validation, including security protocols that are
predicated on commercial best practices; and
(D) procedures to provide incentives, and a technical
framework, for system integration for new commercial software
solutions to fit within existing workflows and information
technology infrastructure.
(3) Guidelines and a timeline for enforcing the policy.
(c) Report.--Not later than January 1, 2025, and annually
thereafter through 2028, the Director of National Intelligence, in
coordination with the heads of the elements of the intelligence
community, shall submit to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report on the policy
issued under subsection (a), including the following with respect to
the period covered by the report:
(1) An evaluation of compliance with such policy by each of the
elements of the intelligence community.
(2) Additional recommendations to better coordinate system
integration throughout the intelligence community using best
practices.
SEC. 6742. CODE-FREE ARTIFICIAL INTELLIGENCE ENABLEMENT TOOLS POLICY.
(a) Draft Policy.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Director of the Central Intelligence Agency, the
Director of the National Security Agency, the Director of the National
Reconnaissance Office, the Director of the National Geospatial-
Intelligence Agency, and the Director of the Defense Intelligence
Agency, and any additional heads of the elements of the intelligence
community that the Director of National Intelligence determines
appropriate, shall draft a potential policy to promote the intelligence
community-wide use of code-free artificial intelligence enablement
tools.
(b) Elements.--The draft policy under subsection (a) shall include
the following:
(1) The objective for the use by the intelligence community of
code-free artificial intelligence enablement tools.
(2) A detailed set of incentives for using code-free artificial
intelligence enablement tools.
(3) A plan to ensure coordination throughout the intelligence
community, including consideration of designating an official of
each element of the intelligence community to oversee
implementation of the policy and such coordination.
(c) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives the following:
(1) The draft policy under subsection (a).
(2) A recommendation regarding the feasibility and advisability
of implementing the draft policy, including an assessment of the
costs and advantages and disadvantages of such implementation.
(3) An assessment of whether any element of the intelligence
community already has a similar existing policy.
(4) A specific plan and timeline of the steps that would be
necessary to implement the draft policy.
(5) An assessment of the personnel requirements, budget
requirements, and any other resource requirements, that would be
necessary to implement the draft policy in the timeline identified
in paragraph (4).
TITLE LXVIII--OTHER MATTERS
SEC. 6801. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD MEMBERSHIP.
Paragraph (4) of section 1061(h) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is amended to
read as follows:
``(4) Term.--
``(A) Commencement.--Each member of the Board shall serve a
term of 6 years, commencing on the date of the appointment of
the member to the Board.
``(B) Reappointment.--A member may be reappointed to one or
more additional terms.
``(C) Vacancy.--A vacancy on the Board shall be filled in
the manner in which the original appointment was made.
``(D) Extension.--Upon the expiration of the term of office
of a member, the member may continue to serve for up to one
year after the date of expiration, at the election of the
member--
``(i) during the period preceding the reappointment of
the member pursuant to subparagraph (B); or
``(ii) until the member's successor has been appointed
and qualified.''.
SEC. 6802. MODIFICATION OF REQUIREMENT FOR OFFICE TO ADDRESS
UNIDENTIFIED ANOMALOUS PHENOMENA.
(a) In General.--Section 1683 of the National Defense Authorization
Act for Fiscal Year 2022 (50 U.S.C. 3373), as amended by title XVI of
this Act, is amended to read as follows:
``SEC. 1683. ESTABLISHMENT OF ALL-DOMAIN ANOMALY RESOLUTION OFFICE.
``(a) Establishment of Office.--
``(1) In general.--Not later than 120 days after the date of
the enactment of the Intelligence Authorization Act for Fiscal Year
2023, the Secretary of Defense, in coordination with the Director
of National Intelligence, shall establish an office within a
component of the Office of the Secretary of Defense, or within a
joint organization of the Department of Defense and the Office of
the Director of National Intelligence, to carry out the duties of
the Unidentified Aerial Phenomena Task Force, as in effect on
December 26, 2021, and such other duties as are required by this
section, including those pertaining to unidentified anomalous
phenomena.
``(2) Designation.--The office established under paragraph (1)
shall be known as the `All-domain Anomaly Resolution Office' (in
this section referred to as the `Office').
``(b) Director and Deputy Director of the Office.--
``(1) Appointment of director.--The head of the Office shall be
the Director of the All-domain Anomaly Resolution Office (in this
section referred to as the `Director of the Office'), who shall be
appointed by the Secretary of Defense in consultation with the
Director of National Intelligence.
``(2) Appointment of deputy director.--The Deputy Director of
the Office shall be appointed by the Director of National
Intelligence in coordination with the Secretary of Defense.
``(3) Reporting.--
``(A) In general.--The Director of the Office shall report
directly to the Deputy Secretary of Defense and the Principal
Deputy Director of National Intelligence.
``(B) Administrative and operational and security
matters.--The Director of the Office shall report--
``(i) to the Under Secretary of Defense for
Intelligence and Security on all administrative matters of
the Office; and
``(ii) to the Deputy Secretary of Defense and the
Principal Deputy Director of National Intelligence on all
operational and security matters of the Office.
``(c) Duties.--The duties of the Office shall include the
following:
``(1) Developing procedures to synchronize and standardize the
collection, reporting, and analysis of incidents, including adverse
physiological effects, regarding unidentified anomalous phenomena
across the Department of Defense and the intelligence community, in
coordination with the Director of National Intelligence, which
shall be provided to the congressional defense committees, the
congressional intelligence committees, and congressional
leadership.
``(2) Developing processes and procedures to ensure that such
incidents from each component of the Department and each element of
the intelligence community are reported and stored in an
appropriate manner that allows for the integration of analysis of
such information.
``(3) Establishing procedures to require the timely and
consistent reporting of such incidents.
``(4) Evaluating links between unidentified anomalous phenomena
and adversarial foreign governments, other foreign governments, or
nonstate actors.
``(5) Evaluating the threat that such incidents present to the
United States.
``(6) Coordinating with other departments and agencies of the
Federal Government, as appropriate, including the Federal Aviation
Administration, the National Aeronautics and Space Administration,
the Department of Homeland Security, the National Oceanic and
Atmospheric Administration, the National Science Foundation, and
the Department of Energy.
``(7) As appropriate, and in coordination with the Secretary of
State, the Secretary of Defense, and the Director of National
Intelligence, consulting with allies and partners of the United
States to better assess the nature and extent of unidentified
anomalous phenomena.
``(8) Preparing reports for Congress, in both classified and
unclassified form, including under subsection (j).
``(d) Response to and Field Investigations of Unidentified
Anomalous Phenomena.--
``(1) Designation.--The Secretary of Defense and the Director
of National Intelligence shall jointly designate from within their
respective organizations an official, to be under the direction of
the Director of the Office, responsible for ensuring the
appropriate expertise, authorities, accesses, data, systems,
platforms, and capabilities are available for the rapid response
to, and support for, the conduct of field investigations of
incidents involving unidentified anomalous phenomena.
``(2) Ability to respond.--The Secretary of Defense and the
Director of National Intelligence shall ensure field investigations
are supported by personnel with the requisite expertise, equipment,
transportation, and other resources necessary to respond rapidly to
incidents or patterns of observations involving unidentified
anomalous phenomena.
``(e) Scientific, Technological, and Operational Analyses of Data
on Unidentified Anomalous Phenomena.--
``(1) Designation.--The Secretary of Defense, in coordination
with the Director of National Intelligence, shall designate one or
more line organizations that will be primarily responsible for
scientific, technical, and operational analysis of data gathered by
field investigations conducted pursuant to subsection (d) and data
from other sources, including with respect to the testing of
materials, medical studies, and development of theoretical models,
to better understand and explain unidentified anomalous phenomena.
``(2) Authority.--The Secretary of Defense and the Director of
National Intelligence shall each issue such directives as are
necessary to ensure that each line organization designated under
paragraph (1) has authority to draw on the special expertise of
persons outside the Federal Government with appropriate security
clearances.
``(f) Data; Intelligence Collection.--
``(1) Availability of data and reporting on unidentified
anomalous phenomena.--
``(A) Availability of data.--The Director of National
Intelligence, in coordination with the Secretary of Defense,
shall ensure that each element of the intelligence community
with data relating to unidentified anomalous phenomena makes
such data available immediately to the Office.
``(B) Reporting.--The Director of National Intelligence and
the Secretary of Defense shall each, in coordination with one
another, ensure that military and civilian personnel of the
Department of Defense or an element of the intelligence
community, and contractor personnel of the Department or such
an element, have access to procedures by which the personnel
shall report incidents or information, including adverse
physiological effects, involving or associated with
unidentified anomalous phenomena directly to the Office.
``(2) Intelligence collection and analysis plan.--The Director
of the Office, acting in coordination with the Secretary of Defense
and the Director of National Intelligence, shall supervise the
development and execution of an intelligence collection and
analysis plan to gain as much knowledge as possible regarding the
technical and operational characteristics, origins, and intentions
of unidentified anomalous phenomena, including with respect to the
development, acquisition, deployment, and operation of technical
collection capabilities necessary to detect, identify, and
scientifically characterize unidentified anomalous phenomena.
``(3) Use of resources and capabilities.--In developing the
plan under paragraph (2), the Director of the Office shall consider
and propose, as appropriate, the use of any resource, capability,
asset, or process of the Department and the intelligence community.
``(g) Science Plan.--The Director of the Office, on behalf of the
Secretary of Defense and the Director of National Intelligence, shall
supervise the development and execution of a science plan to develop
and test, as practicable, scientific theories to--
``(1) account for characteristics and performance of
unidentified anomalous phenomena that exceed the known state of the
art in science or technology, including in the areas of propulsion,
aerodynamic control, signatures, structures, materials, sensors,
countermeasures, weapons, electronics, and power generation; and
``(2) provide the foundation for potential future investments
to replicate or otherwise better understand any such advanced
characteristics and performance.
``(h) Assignment of Priority.--The Director of National
Intelligence, in consultation with and with the recommendation of the
Secretary of Defense, shall assign an appropriate level of priority
within the National Intelligence Priorities Framework to the
requirement to understand, characterize, and respond to unidentified
anomalous phenomena.
``(i) Detailees From Elements of the Intelligence Community.--The
heads of the Central Intelligence Agency, the Defense Intelligence
Agency, the National Security Agency, the Department of Energy, the
National Geospatial-Intelligence Agency, the intelligence elements of
the Army, the Navy, the Air Force, the Marine Corps, and the Coast
Guard, the Department of Homeland Security, and such other elements of
the intelligence community as the Director of the Office considers
appropriate may provide to the Office a detailee of the element to be
physically located at the Office.
``(j) Historical Record Report.--
``(1) Report required.--
``(A) In general.--Not later than 540 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, the Director of the Office shall submit to
the congressional defense committees, the congressional
intelligence committees, and congressional leadership a written
report detailing the historical record of the United States
Government relating to unidentified anomalous phenomena,
including--
``(i) the records and documents of the intelligence
community;
``(ii) oral history interviews;
``(iii) open source analysis;
``(iv) interviews of current and former Government
officials;
``(v) classified and unclassified national archives
including any records any third party obtained pursuant to
section 552 of title 5, United States Code; and
``(vi) such other relevant historical sources as the
Director of the Office considers appropriate.
``(B) Other requirements.--The report submitted under
subparagraph (A) shall--
``(i) focus on the period beginning on January 1, 1945,
and ending on the date on which the Director of the Office
completes activities under this subsection; and
``(ii) include a compilation and itemization of the key
historical record of the involvement of the intelligence
community with unidentified anomalous phenomena,
including--
``(I) any program or activity that was protected by
restricted access that has not been explicitly and
clearly reported to Congress;
``(II) successful or unsuccessful efforts to
identify and track unidentified anomalous phenomena;
and
``(III) any efforts to obfuscate, manipulate public
opinion, hide, or otherwise provide incorrect
unclassified or classified information about
unidentified anomalous phenomena or related activities.
``(2) Access to records of the national archives and records
administration.--The Archivist of the United States shall make
available to the Office such information maintained by the National
Archives and Records Administration, including classified
information, as the Director of the Office considers necessary to
carry out paragraph (1).
``(k) Annual Reports.--
``(1) Reports from director of national intelligence and
secretary of defense.--
``(A) Requirement.--Not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, and annually thereafter for four years, the
Director of National Intelligence and the Secretary of Defense
shall jointly submit to the appropriate congressional
committees a report on unidentified anomalous phenomena.
``(B) Elements.--Each report submitted under subparagraph
(A) shall include, with respect to the year covered by the
report, the following information:
``(i) All reported unidentified anomalous phenomena-
related events that occurred during the one-year period.
``(ii) All reported unidentified anomalous phenomena-
related events that occurred during a period other than
that one-year period but were not included in an earlier
report.
``(iii) An analysis of data and intelligence received
through each reported unidentified anomalous phenomena-
related event.
``(iv) An analysis of data relating to unidentified
anomalous phenomena collected through--
``(I) geospatial intelligence;
``(II) signals intelligence;
``(III) human intelligence; and
``(IV) measurement and signature intelligence.
``(v) The number of reported incidents of unidentified
anomalous phenomena over restricted airspace of the United
States during the one-year period.
``(vi) An analysis of such incidents identified under
clause (v).
``(vii) Identification of potential aerospace or other
threats posed by unidentified anomalous phenomena to the
national security of the United States.
``(viii) An assessment of any activity regarding
unidentified anomalous phenomena that can be attributed to
one or more adversarial foreign governments.
``(ix) Identification of any incidents or patterns
regarding unidentified anomalous phenomena that indicate a
potential adversarial foreign government may have achieved
a breakthrough aerospace capability.
``(x) An update on the coordination by the United
States with allies and partners on efforts to track,
understand, and address unidentified anomalous phenomena.
``(xi) An update on any efforts underway on the ability
to capture or exploit discovered unidentified anomalous
phenomena.
``(xii) An assessment of any health-related effects for
individuals that have encountered unidentified anomalous
phenomena.
``(xiii) The number of reported incidents, and
descriptions thereof, of unidentified anomalous phenomena
associated with military nuclear assets, including
strategic nuclear weapons and nuclear-powered ships and
submarines.
``(xiv) In consultation with the Administrator for
Nuclear Security, the number of reported incidents, and
descriptions thereof, of unidentified anomalous phenomena
associated with facilities or assets associated with the
production, transportation, or storage of nuclear weapons
or components thereof.
``(xv) In consultation with the Chairman of the Nuclear
Regulatory Commission, the number of reported incidents,
and descriptions thereof, of unidentified anomalous
phenomena or drones of unknown origin associated with
nuclear power generating stations, nuclear fuel storage
sites, or other sites or facilities regulated by the
Nuclear Regulatory Commission.
``(xvi) The names of the line organizations that have
been designated to perform the specific functions under
subsections (d) and (e), and the specific functions for
which each such line organization has been assigned primary
responsibility.
``(xvii) A summary of the reports received using the
mechanism for authorized reporting established under
section 1673 of the National Defense Authorization Act for
Fiscal Year 2023.
``(2) Form.--Each report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
``(l) Semiannual Briefings.--
``(1) Requirement.--Not later than December 31, 2022, and not
less frequently than semiannually thereafter until December 31,
2026, the Director of the Office shall provide to the appropriate
congressional committees classified briefings on unidentified
anomalous phenomena.
``(2) First briefing.--The first briefing provided under
paragraph (1) shall include all incidents involving unidentified
anomalous phenomena that were reported to the Unidentified Aerial
Phenomena Task Force or to the Office established under subsection
(a) after June 24, 2021, regardless of the date of occurrence of
the incident.
``(3) Subsequent briefings.--Each briefing provided subsequent
to the first briefing described in paragraph (2) shall include, at
a minimum, all events relating to unidentified anomalous phenomena
that occurred during the previous 180 days, and events relating to
unidentified anomalous phenomena that were not included in an
earlier briefing.
``(4) Instances in which data was not shared.--For each
briefing period, the Director of the Office shall jointly provide
to the chairman or chair and the ranking member or vice chairman of
the congressional committees specified in subparagraphs (A) and (D)
of subsection (n)(1) an enumeration of any instances in which data
relating to unidentified anomalous phenomena was not provided to
the Office because of classification restrictions on that data or
for any other reason.
``(m) Task Force Termination.--Not later than the date on which the
Secretary of Defense establishes the Office under subsection (a), the
Secretary shall terminate the Unidentified Aerial Phenomena Task Force.
``(n) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the following:
``(A) The Committees on Armed Services of the Senate and
the House of Representatives.
``(B) The Committees on Appropriations of the Senate and
the House of Representatives.
``(C) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
``(D) The Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives.
``(E) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives.
``(F) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives.
``(2) Congressional defense committees.--The term
`congressional defense committees' has the meaning given such term
in section 101(a) of title 10, United States Code.
``(3) Congressional intelligence committees.--The term
`congressional intelligence committees' has the meaning given such
term in section 3 of the National Security Act of 1947 (50 U.S.C.
3003).
``(4) Congressional leadership.--The term `congressional
leadership' means--
``(A) the majority leader of the Senate;
``(B) the minority leader of the Senate;
``(C) the Speaker of the House of Representatives; and
``(D) the minority leader of the House of Representatives.
``(5) Intelligence community.--The term `intelligence
community' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
``(6) Line organization.--The term `line organization' means,
with respect to a department or agency of the Federal Government,
an organization that executes programs and activities to directly
advance the core functions and missions of the department or agency
to which the organization is subordinate, but, with respect to the
Department of Defense, does not include a component of the Office
of the Secretary of Defense.
``(7) Transmedium objects or devices.--The term `transmedium
objects or devices' means objects or devices that are--
``(A) observed to transition between space and the
atmosphere, or between the atmosphere and bodies of water; and
``(B) not immediately identifiable.
``(8) Unidentified anomalous phenomena.--The term `unidentified
anomalous phenomena' means--
``(A) airborne objects that are not immediately
identifiable;
``(B) transmedium objects or devices; and
``(C) submerged objects or devices that are not immediately
identifiable and that display behavior or performance
characteristics suggesting that the objects or devices may be
related to the objects described in subparagraph (A).''.
(b) Clerical Amendment.--The table of contents in section 2(b) of
such Act is amended by striking the item relating to section 1683 of
division A and inserting the following new item:
``Sec. 1683. Establishment of All-domain Anomaly Resolution Office.''.
SEC. 6803. COMPTROLLER GENERAL OF THE UNITED STATES AUDITS AND
BRIEFINGS ON UNIDENTIFIED ANOMALOUS PHENOMENA HISTORICAL RECORD REPORT.
(a) Definitions.--In this section, the terms ``congressional
leadership'' and ``Office'' have the meanings given such terms in
section 1683 of the National Defense Authorization Act for Fiscal Year
2022 (50 U.S.C. 3373), as amended by section 6802.
(b) Audit.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall identify appropriately cleared personnel of the Government
Accountability Office to audit the historical record report process
described in section 1683 of the National Defense Authorization Act
for Fiscal Year 2022 (50 U.S.C. 3373), as amended by section 6802,
including personnel to conduct work on-site as appropriate.
(2) Provision of information.--On a quarterly basis, and as
appropriate and consistent with Government Auditing Standards, the
Comptroller General of the United States shall provide the Office
with information on the findings of any audits conducted by the
personnel identified under paragraph (1).
(c) Verbal Briefings.--Not later than 180 days after the date of
the enactment of this Act, and semiannually thereafter, the Comptroller
General of the United States shall verbally brief the congressional
intelligence committees, the congressional defense committees, and
congressional leadership on the progress of the Office with respect to
the historical record report described in section 1683 of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), as
amended by section 6802, and compliance with legislative requirements.
(d) Rule of Construction.--Nothing in this section shall be
construed to restrict access of a committee of Congress under section
719(f) of title 31, United States Code, to an audit under subsection
(b).
SEC. 6804. REPORT ON PRECURSOR CHEMICALS USED IN THE PRODUCTION OF
SYNTHETIC OPIOIDS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on the Judiciary, the Committee on Homeland
Security and Governmental Affairs, the Committee on Foreign
Relations, the Committee on Commerce, Science, and Transportation,
and the Committee on Appropriations of the Senate; and
(3) the Committee on the Judiciary, the Committee on Homeland
Security, the Committee on Foreign Affairs, the Committee on Energy
and Commerce, and the Committee on Appropriations of the House of
Representatives.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report on licit
precursor chemicals originating abroad, including in the People's
Republic of China and any other country the Director considers
appropriate, that are bound for use in the illicit production of
synthetic opioids intended for distribution in the United States.
(c) Form of Report.--The report submitted under subsection (b)
shall be submitted in unclassified form, but may include a classified
annex produced consistent with the protection of sources and methods.
SEC. 6805. ASSESSMENT AND REPORT ON MASS MIGRATION IN THE WESTERN
HEMISPHERE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on the
Judiciary, the Committee on Homeland Security and Governmental
Affairs, and the Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on the
Judiciary, the Committee on Homeland Security, and the Committee on
Appropriations of the House of Representatives.
(b) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
assess, and submit to the appropriate committees of Congress a report
on--
(1) the threats to the interests of the United States created
or enhanced by, or associated with, the mass migration of people
within the Western Hemisphere, particularly to the southern border
of the United States; and
(2) the use of or the threat of using mass migration in the
Western Hemisphere by the regimes of Daniel Ortega in Nicaragua,
Nicolas Maduro in Venezuela, and the regime of Miguel Diaz-Canel
and Raul Castro in Cuba--
(A) to effectively curate populations so that people who
remain in those countries are powerless to meaningfully
dissent; and
(B) to enable the increase of remittances from migrants
residing in the United States as a result of the mass migration
to help finance the regimes in Nicaragua, Venezuela, and Cuba.
(c) Form of Report.--The report submitted under subsection (b)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 6806. REPORT ON INTERNATIONAL NORMS, RULES, AND PRINCIPLES
APPLICABLE IN SPACE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the congressional defense committees;
(3) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate; and
(4) the Committee on Foreign Affairs, the Committee on Science,
Space, and Technology, and the Committee on Energy and Commerce of
the House of Representatives.
(b) In General.--Not later than 90 days after the date of the
enactment of this Act, the Chair of the National Space Council, in
consultation with the Director of National Intelligence, the Secretary
of State, the Secretary of Defense, the Secretary of Commerce, the
Administrator of the National Aeronautics and Space Administration, and
the heads of any other agencies as the Chair considers necessary, shall
submit to the appropriate committees of Congress a report on voluntary,
non-legally binding responsible international norms, rules, and
principles applicable in space.
(c) Elements.--The report submitted under subsection (b) shall--
(1) identify threats to the interests of the United States in
space that may be mitigated by voluntary, non-legally binding
responsible international norms, rules, and principles;
(2) identify opportunities for the United States to influence
voluntary, non-legally binding responsible international norms,
rules, and principles applicable in space, including through
bilateral and multilateral engagement;
(3) assess the willingness of space faring foreign nations to
adhere to voluntary, non-legally-binding responsible international
norms, rules, or principles applicable in space;
(4) include a list and description of known or suspected
adversary offensive weapon systems that could be used to degrade or
destroy satellites in orbit during the previous five years;
(5) include a list and description of known or suspected
adversary offensive weapon systems in development that could be
used to degrade or destroy satellites that are anticipated to be
put operational during the course of the next five years; and
(6) include an analysis of the extent to which adversary space
faring foreign nations use civilian and commercial space assets,
and civilian and commercial space relationship, to advance military
and intelligence programs and activities.
(d) Input From Commercial Space Sector.--In identifying threats
under subsection (c)(1), the Chair of the National Space Council shall
obtain input from the commercial space sector.
(e) Form.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 6807. ASSESSMENTS OF THE EFFECTS OF SANCTIONS IMPOSED WITH RESPECT
TO THE RUSSIAN FEDERATION'S INVASION OF UKRAINE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Armed Services, the Committee
on Ways and Means, and the Committee on Appropriations of the House
of Representatives.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter for 2 years, the
Director of National Intelligence shall, in coordination with the
Secretary of State, the Secretary of the Treasury, and the heads of
such other government agencies as the Director considers appropriate,
submit to the appropriate committees of Congress an assessment of the
cumulative and material effects of the sanctions imposed by the United
States, European countries, and the international community with
respect to the Russian Federation in response to the February 24, 2022,
full-scale invasion of Ukraine and subsequent actions by the Russian
Federation.
(c) Elements.--Each assessment submitted under subsection (b) shall
include the following:
(1) A description of efforts by the Russian Federation to evade
or circumvent sanctions imposed by the United States, European
countries, or the international community through direct or
indirect engagement or direct or indirect assistance from--
(A) the regimes in Cuba and Nicaragua and the regime of
Nicolas Maduro in Venezuela;
(B) the People's Republic of China;
(C) the Islamic Republic of Iran; and
(D) any other country the Director considers appropriate.
(2) An assessment of the cumulative effect of the efforts
described in paragraph (1), including on the Russian Federation's
strategic relationship with the regimes and countries described in
such paragraph.
(3) A description of the material effect of the sanctions
described in subsection (b), including the effect of those
sanctions on individual sectors of the economy of Russia, senior
leadership, senior military officers, state-sponsored actors, and
other state-affiliated actors in the Russian Federation that are
either directly or incidentally subject to such sanctions. Such
description shall include a discussion of those sanctions that had
significant effects, as well as those that had no observed effects.
(4) Methodologies for assessing the effects of different
categories of financial and economic sanctions on the targets of
such action, including with respect to specific industries,
entities, individuals, and transactions.
(5) A description of evasion techniques, including the use of
digital assets, used by the Government of Russia, entities and
persons covered by the sanctions, and by other governments,
entities, and persons who have assisted in the use of such
techniques, in response to the sanctions.
(6) A description of any developments by other countries in
creating alternative payment systems as a result of the invasion of
Ukraine.
(7) An assessment of how countries have assessed the risk of
holding reserves in United States dollars since the February 24,
2022, invasion of Ukraine.
(8) If sufficient collection allows, an assessment of the
impact of any general licenses issued in relation to the sanctions
described in subsection (b), including--
(A) the extent to which authorizations for internet-based
communications have enabled continued monetization by Russian
influence actors, while not silencing human-right activists and
independent media; and
(B) the extent to which licenses authorizing energy-related
transactions have affected the Russian Federation's ability to
earn hard currency.
(d) Form of Assessments.--Each assessment submitted under
subsection (b) shall be submitted in unclassified form and include a
classified annex.
SEC. 6808. ASSESSMENT OF IMPACT OF RUSSIA'S INVASION OF UKRAINE ON FOOD
SECURITY.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on Armed
Services, and the Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives.
(b) Assessment.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall,
in coordination with the Assistant Secretary of State for
Intelligence and Research and such other heads of elements of the
intelligence community as the Director determines appropriate,
submit to the appropriate committees of Congress an assessment of
the current and potential impact of the invasion by Russia of
Ukraine on global food security.
(2) Elements.--The assessment under paragraph (1) shall include
the following:
(A) An assessment of the current and potential impact of
the invasion by Russia of Ukraine on food security,
disaggregated by region.
(B) An analysis of the potential for political instability
and security crises to occur as a result of such food
insecurity, disaggregated by region.
(C) A description of the factors that could reduce or
increase the effects of such food insecurity on political
stability and security, disaggregated by region.
(D) An assessment of the efforts of Russia to steal grain
from illegally occupied territories in Ukraine and a list of
customers who have purchased such stolen grain.
(E) An assessment of whether Russia has taken intentional
steps to cause a global food shortage.
(3) Form.--The assessment under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(c) Briefing.--Not later than 30 days after the date on which the
assessment prepared under subsection (b)(1) is completed, the Director
of National Intelligence shall brief the appropriate committees of
Congress on the findings of the Director with respect to the
assessment.
SEC. 6809. PILOT PROGRAM FOR DIRECTOR OF FEDERAL BUREAU OF
INVESTIGATION TO UNDERTAKE AN EFFORT TO IDENTIFY INTERNATIONAL MOBILE
SUBSCRIBER IDENTITY-CATCHERS.
Section 5725 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
(50 U.S.C. 3024 note; Public Law 116-92) is amended--
(1) in subsection (a), in the matter before paragraph (1)--
(A) by striking ``The Director of National Intelligence and
the Director of the Federal Bureau of Investigation'' and
inserting ``The Director of the Federal Bureau of
Investigation'';
(B) by inserting ``the Director of National Intelligence,''
before ``the Under Secretary''; and
(C) by striking ``Directors determine'' and inserting
``Director of the Federal Bureau of Investigation determines'';
(2) by redesignating subsections (b) and (c) as subsections (d)
and (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Pilot Program.--
``(1) In general.--The Director of the Federal Bureau of
Investigation, in collaboration with the Director of National
Intelligence, the Under Secretary of Homeland Security for
Intelligence and Analysis, and the heads of such other Federal,
State, or local agencies as the Director of the Federal Bureau of
Investigation determines appropriate, and in accordance with
applicable law and policy, shall conduct a pilot program designed
to implement subsection (a)(1)(A) with respect to the National
Capital Region.
``(2) Commencement; completion.--The Director of the Federal
Bureau of Investigation shall--
``(A) commence carrying out the pilot program required by
paragraph (1) not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2023; and
``(B) complete the pilot program not later than 2 years
after the date on which the Director commences carrying out the
pilot program under subparagraph (A).
``(c) Notifications Required.--The Director of the Federal Bureau
of Investigation shall notify the majority leader of the Senate, the
minority leader of the Senate, the Speaker of the House of
Representatives, the minority leader of the House of Representatives,
and the Capitol Police Board of--
``(1) the placement of sensors designed to identify
International Mobile Subscriber Identity-catchers capable of
conducting surveillance against the United States Capitol or
associated buildings and facilities; and
``(2) the discovery of any International Mobile Subscriber
Identity-catchers capable of conducting surveillance against the
United States Capitol or associated buildings and facilities and
any countermeasures against such International Mobile Subscriber
Identity-catchers.''; and
(4) in subsection (d), as redesignated by paragraph (2)--
(A) in the matter before paragraph (1), by striking
``Prior'' and all that follows through ``Investigation'' and
inserting ``Not later than 180 days after the date on which the
Director of the Federal Bureau of Investigation determines that
the pilot program required by subsection (b)(1) is operational,
the Director'';
(B) in paragraph (1), by striking ``within the United
States''; and
(C) in paragraph (2), by striking ``by the intelligence
community'' and inserting ``deployed by the Federal Bureau of
Investigation''.
SEC. 6810. DEPARTMENT OF STATE BUREAU OF INTELLIGENCE AND RESEARCH
ASSESSMENT OF ANOMALOUS HEALTH INCIDENTS.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
(b) Assessment Required.--Not later than 90 days after the date of
the enactment of this Act, the Assistant Secretary of State for
Intelligence and Research shall submit to the appropriate committees of
Congress an assessment of the findings relating to the events that have
been collectively labeled as ``anomalous health incidents''.
(c) Contents.--The assessment submitted under subsection (b) shall
include the following:
(1) Any diplomatic reporting or other relevant information on
the causation of anomalous health incidents.
(2) Any diplomatic reporting or other relevant information on
any person or entity who may be responsible for such incidents.
(3) Detailed plans, including metrics, timelines, and
measurable goals, for the Bureau of Intelligence and Research to
understand anomalous health incidents and share findings with other
elements of the intelligence community.
SEC. 6811. REPEAL AND MODIFICATION OF CERTAIN REPORTING AND BRIEFING
REQUIREMENTS.
(a) Reports on Security Services of the People's Republic of China
in the Hong Kong Special Administrative Region.--Section 1107A of the
National Security Act of 1947 (50 U.S.C. 3237a) is repealed.
(b) Annual Update to Report on Foreign Weaponization of Deepfakes
and Deepfake Technology.--Section 5709 of the National Defense
Authorization Act for Fiscal Year 2020 (50 U.S.C. 3369a) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
(c) Information Sharing Performance Management Reports.--
(1) In general.--Section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485) is amended--
(A) by striking subsection (h); and
(B) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively.
(2) Conforming amendment.--Section 210(b) of the Homeland
Security Act of 2002 (6 U.S.C. 124g(b)) is amended by striking
``section 1016(i) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485(i))'' and inserting ``section
1016(h) of the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485(h))''.
(d) Periodic Reports on Activities of Privacy Officers and Civil
Liberties Officers.--Section 1062(f)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(1)) is amended,
in the matter preceding subparagraph (A), by striking ``semiannually''
and inserting ``annually''.
(e) Briefing on Hizballah's Assets and Activities Related to
Fundraising, Financing, and Money Laundering World-wide.--Section
204(b) of the Hizballah International Financing Prevention Act of 2015
(Public Law 114-102; 129 Stat. 2212) is amended by striking ``every 180
days'' and inserting ``annually''.
(f) Inspectors General Reports on Classification.--Section 6721(a)
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 2231) is amended by striking ``per year in each
of the three'' and inserting ``every two years in each of the six''.
(g) Report on Efforts of State Sponsors of Terrorism, Other Foreign
Countries, or Entities to Illicitly Acquire Satellites and Related
Items.--Section 1261(e)(1) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2019) is amended by
striking ``annually'' and inserting ``once every two years''.
(h) Reports and Briefings on Director of National Intelligence
Program on Use of Intelligence Resources in Efforts to Sanction Foreign
Opioid Traffickers.--Section 7231(c) of the National Defense
Authorization Act for Fiscal Year 2020 (21 U.S.C. 2331(c)) is amended--
(1) in the subsection heading, by inserting ``and Briefings''
after ``Reports''; and
(2) in paragraph (1)--
(A) by striking ``(1) Quarterly reports on program.--Not
later than'' and inserting the following:
``(1) Reports and briefings on program.--
``(A) Annual reports.--Not later than'';
(B) in subparagraph (A), as designated by subparagraph (A)
of this paragraph--
(i) by striking ``every 90 days'' and inserting
``annually'';
(ii) by striking ``90-day period'' and inserting
``year''; and
(iii) by striking ``under this paragraph'' and
inserting ``under this subparagraph''; and
(C) by adding at the end the following:
``(B) Semiannual briefings.--On a semiannual basis, the
Director of National Intelligence and the Director of the
Office of National Drug Control Policy shall jointly brief the
appropriate congressional committees and leadership on the
status and accomplishments of the program required by
subsection (a).''.
SEC. 6812. INCREASED INTELLIGENCE-RELATED ENGINEERING, RESEARCH, AND
DEVELOPMENT CAPABILITIES OF MINORITY INSTITUTIONS.
(a) Plan.--
(1) Requirement.--The Director of National Intelligence shall
develop a plan to promote intelligence-related engineering,
research, and development activities at covered institutions for
the purpose of contributing toward the research necessary to
achieve the intelligence advantage of the United States.
(2) Elements.--The plan under paragraph (1) shall include the
following:
(A) An assessment of opportunities to support engineering,
research, and development at covered institutions in computer
sciences, including artificial intelligence, quantum computing,
and machine learning, and synthetic biology and an assessment
of opportunities to support the associated workforce and
physical research infrastructure of such institutions.
(B) An assessment of opportunities to enhance the ability
of covered institutions--
(i) to participate in intelligence-related engineering,
research, and development activities; and
(ii) to effectively compete for intelligence-related
engineering, research and development contracts in support
of the most urgent research requirements of the
intelligence community.
(C) An assessment of the activities and investments the
Director determines necessary--
(i) to expand opportunities for covered institutions to
partner with other research organizations and educational
institutions that the intelligence community frequently
partners with to conduct research; and
(ii) to increase participation of covered institutions
in intelligence-related engineering, research, and
development activities.
(D) Recommendations identifying actions that may be taken
by the Director, Congress, covered institutions, and other
organizations to increase participation of such institutions in
intelligence-related engineering, research, and development
activities and contracts.
(E) Specific goals, incentives, and metrics to increase and
measure the capacity of covered institutions to address the
engineering, research, and development needs of the
intelligence community.
(3) Consultation.--In developing the plan under paragraph (1),
the Director shall consult with covered institutions and other
departments or agencies of the United States Government or private
sector organizations that the Director determines appropriate.
(4) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees, the Subcommittee on Defense
of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the
House of Representatives, and make publicly available on the
internet website of the Director, a report containing the plan
under paragraph (1).
(b) Activities to Support Research and Engineering Capacity.--
Subject to the availability of appropriations for such purpose, the
Director may establish a program to award contracts, grants, or other
agreements, on a competitive basis, and to perform other appropriate
activities, for any of the following purposes:
(1) Developing the capability, including the workforce and the
research infrastructure, for covered institutions to more
effectively compete for intelligence-related engineering, research,
and development activities and contracts.
(2) Any other purposes the Director determines appropriate to
enhance the capabilities of covered institutions to carry out
intelligence-related engineering, research, and development
activities and contracts.
(c) Increased Partnerships Between IARPA and Covered
Institutions.--The Director shall establish goals and incentives to
encourage the Intelligence Advanced Research Projects Activity to--
(1) partner with covered institutions to advance the research
and development needs of the intelligence community through
partnerships and collaborations with the Intelligence Advanced
Research Projects Activity; and
(2) if the Director determines appropriate, foster the
establishment of similar relationships between such institutions
and other organizations that have partnerships with the
Intelligence Advanced Research Projects Activity.
(d) Covered Institution Defined.--In this section, the term
``covered institution'' means the following:
(1) A part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)).
(2) An institution of higher education (as defined in section
101 of the Higher Education Act of 1965(20 U.S.C. 1001)) not
covered by paragraph (1) at which not less than 50 percent of the
total student enrollment consists of students from ethnic groups
that are underrepresented in the fields of science and engineering,
as determined by the Director of National Intelligence.
SEC. 6813. REPORTS ON PERSONNEL VETTING PROCESSES AND PROGRESS UNDER
TRUSTED WORKFORCE 2.0 INITIATIVE.
(a) Definitions.--In this section:
(1) Authorized adjudicative agency; authorized investigative
agency; personnel security investigation; periodic
reinvestigation.--The terms ``authorized adjudicative agency'',
``authorized investigative agency'', ``personnel security
investigation'', and ``periodic reinvestigation'' have the meanings
given those terms in section 3001(a) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a)).
(2) Continuous vetting; council; security executive agent.--The
terms ``continuous vetting'', ``Council'', and ``Security Executive
Agent'' have the meanings given those terms in section 6601 of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C.
3352).
(b) Reports.--Not later than September 30, 2023, and annually
thereafter until September 30, 2027, the Security Executive Agent, in
coordination with the Chair and other Principals of the Council, shall
submit to Congress a report on the personnel vetting processes of the
United States Government.
(c) Elements.--Each report under subsection (b) shall include, with
respect to the preceding fiscal year, the following:
(1) An analysis of the timeliness, costs, and other related
information for the initiations, investigations (including initial
investigations and any required periodic reinvestigations), and
adjudications for personnel vetting purposes. Such analysis shall
include the following:
(A) The average periods of time taken (from the date of an
agency's receipt of a completed security clearance application
to the date of the ultimate disposition and notification to the
subject and the employer of the subject) by each authorized
investigative agency and authorized adjudicative agency, to the
greatest extent practicable, to initiate investigations,
conduct investigations, and adjudicate security clearances, as
compared with established timeliness objectives.
(B) The number of initial investigations and periodic
reinvestigations initiated and adjudicated by each authorized
investigative agency and authorized adjudicative agency, to the
extent practicable.
(C) The number of initial investigations and periodic
reinvestigations carried over to the fiscal year covered by the
report from a prior fiscal year by each authorized
investigative agency and authorized adjudicative agency, to the
greatest extent practicable.
(D) The number of initial investigations and periodic
reinvestigations that resulted in a denial or revocation of a
security clearance by each authorized adjudicative agency.
(E) The costs to the executive branch relating to personnel
security clearance initiations, investigations, adjudications,
revocations, and continuous vetting with respect to such
clearances.
(F) A discussion of any impediments, including with respect
to resources, personnel, or authorities, to the timely
processing of personnel security clearances.
(G) The number of individuals who hold a personnel security
clearance and are enrolled in a program of continuous vetting
with respect to such clearance, and the numbers and types of
adverse actions taken by each authorized adjudicative agency as
a result of such continuous vetting.
(H) The number of personnel security clearances awaiting or
under investigation (including initial investigation and
periodic reinvestigation) by the Director of the Defense
Counterintelligence and Security Agency and each authorized
investigative agency.
(I) Such other information as the Security Executive Agent
may determine appropriate, including any recommendations to
improve the effectiveness, timeliness, and efficiency of
personnel security clearance initiations, investigations, and
adjudications.
(2) An analysis of the status of the implementation of the
Trusted Workforce 2.0 initiative sponsored by the Council,
including the following:
(A) A list of the policies issued by the Council for the
Trusted Workforce 2.0 initiative, and a list of expected
issuance dates for planned policies of the Council for such
initiative.
(B) A list of the departments and agencies of the executive
branch that have identified a senior implementation official to
be accountable for the implementation of the Trusted Workforce
2.0 initiative, in accordance with the memorandum on
transforming Federal personnel vetting issued by the Assistant
to the President for National Security Affairs on December 14,
2021, including an identification of the position of such
senior implementation official within the respective department
or agency.
(C) A list of the departments and agencies of the executive
branch that have submitted implementation plans, and subsequent
progress reports, with respect to the Trusted Workforce 2.0
initiative, as required by the memorandum specified in
subparagraph (B).
(D) A summary of the progress that the departments and
agencies of the executive branch have made implementing the
Trusted Workforce 2.0 initiative.
(3) An analysis of the transfers between, and reciprocal
recognition among, the heads of the departments and agencies of the
executive branch of security clearance background investigations
and determinations and other investigations and determinations
relating to personnel vetting (including with respect to trust,
suitability, fitness, credentialing, and access). Such analysis
shall include, with respect to such investigations and
determinations, the following:
(A) The number of employees for whom a prior such
investigation or determination was recognized and accepted by
the head of a department or agency without the head requiring
additional investigative or adjudicative steps, disaggregated
by department or agency, to the greatest extent practicable.
(B) The number of employees for whom a prior such
investigation or determination was not recognized or accepted
by the head of a department or agency without the head
requiring additional investigative or adjudicative steps,
disaggregated by department or agency, to the greatest extent
practicable.
(C) The reasons most frequently cited by such heads for the
failure to recognize or accept a prior such investigation or
determination, disaggregated by department or agency.
(D) The average number of days for the head of a department
or agency to recognize and accept a prior such investigation or
determination (from the date the head initiates the process to
consider the prior investigation or determination for
recognition and acceptance, to the date the head makes a final
determination on such recognition and acceptance),
disaggregated by agency, to the greatest extent practicable.
(4) A discussion of any impediments, constraints, and
opportunities relating to--
(A) the timeliness of the personnel security clearance
process across the United States Government;
(B) the implementation of the Trusted Workforce 2.0
initiative;
(C) the transfer and reciprocal recognition of
determinations relating to personnel vetting between and among
departments and agencies; and
(D) the completeness and provision of data from elements of
the intelligence community, pursuant to paragraphs (1), (2),
and (3) of this subsection.
SEC. 6814. REPORTS RELATING TO PROGRAMS OF RECORD OF NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Findings.--Congress finds the following:
(1) The comprehensive identification of National Geospatial-
Intelligence Agency programs and activities, to include
significant, enduring programs determined by the Agency to be
``programs of record'', is a critical element for enabling budget
auditability and oversight by the Office of the Director of
National Intelligence, the Office of Management and Budget, and the
congressional intelligence committees.
(2) In order to improve how the National Geospatial-
Intelligence Agency justifies and oversees resources in support of
core missions and authorities, the Agency has committed to
establish a deliberate acquisition structure, modeled after
Department of Defense best practices, with programs and activities
aligned under a Program Executive Office structure.
(3) Establishing an effective Program Executive Office
structure at the National Geospatial-intelligence Agency will
ensure clearly articulated acquisition efforts that have defined
requirements and program scope with traceability from capabilities
to deliverables to Programs of Record to budget materials.
(b) Reports Required.--
(1) Reports to congressional intelligence committees and
defense subcommittees of congressional appropriations committees.--
Not later than February 1, 2023, the Director of the National
Geospatial-Intelligence Agency, consistent with the protection of
intelligence sources and methods, shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives reports on the programs and activities of the
Agency. Such reports shall include, at a minimum, the following:
(A) An identification of any definition for the term
``program of record'' used by the Agency during the period
beginning October 1, 2017, and ending on the date of the
submission of the report.
(B) A detailed description of each current program and
activity of the Agency, including each current program of
record of the Agency.
(C) A detailed explanation of how funding and other
information relating to each such program of record or other
program or activity may be located within the budget
justification materials submitted to Congress.
(D) An in-process review of the program element office
planning and implementation efforts.
(E) Identification of limitations and additional support
required by the Agency to implement program element offices and
related changes to financial management systems.
(2) Report to congressional intelligence and defense
committees.--
(A) Definition of appropriate congressional committees.--In
this section, the term ``appropriate congressional committees''
means--
(i) the congressional intelligence committees; and
(ii) the Committee on Armed Services and the
Subcommittee on Defense of the Committee on Appropriations
of the Senate; and
(iii) the Committee on Armed Services and Subcommittee
on Defense of the Committee on Appropriations of the House
of Representatives.
(B) Report required.--Not later than February 1, 2023, the
Director of the National Geospatial-Intelligence Agency,
consistent with the protection of intelligence sources and
methods, shall submit to the appropriate congressional
committees a report on the programs and activities of the
Agency that are funded in full or in part under the Military
Intelligence Program. Such report shall include, at a minimum,
the following:
(i) An identification of any definition for the term
``program of record'' used by the Agency during the period
beginning October 1, 2017 and ending on the date of the
submission of the report.
(ii) A detailed description of each current program and
activity of the Agency funded in full or in part under the
Military Intelligence Program, including each current
program of record of the Agency funded in full or in part
under the Military Intelligence Program.
(iii) A detailed explanation of how funding and other
information relating to each such program of record or
other program or activity funded in full or in part under
the Military Intelligence Program may be located within the
budget justification materials submitted to Congress.
(3) Form.--Each report under this subsection may be submitted
in classified form.
SEC. 6815. PLAN REGARDING SOCIAL MEDIA DATA AND THREAT ANALYSIS CENTER.
(a) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' has the
meaning given that term in section 5323(h) of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (50 U.S.C. 3369(h)).
(b) Plan.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
appropriate congressional committees a plan to operationalize the
Social Media Data and Threat Analysis Center in accordance with section
5323 of the Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C.
3369).
(c) Elements.--The plan under subsection (b) shall include a
description of how the Social Media Data and Threat Analysis Center
shall--
(1) coordinate with social media companies, independent
organizations and researchers, and other public-facing internet-
based platforms to determine--
(A) what categories of data and metadata are useful
indicators of internet-based foreign malign influence
activities; and
(B) how such data and metadata may be shared effectively
with the Center and with independent organizations and
researchers while protecting the privacy and civil liberties of
United States users of social media platforms and other public-
facing internet-based platforms; and
(2) develop criteria under which social media companies and
other public-facing internet-based platforms share indicators of
internet-based foreign malign influence activities with the Center
and independent organizations and researchers, including a
description of--
(A) the timeliness and consistency of such sharing of
indicators;
(B) the categories of indicators to be shared; and
(C) the protection, in consultation with the head of the
Office of Civil Liberties, Privacy, and Transparency as may be
appropriate, of privacy, civil liberties, and constitutionally
protected activities of users of social media platforms and
other public-facing internet-based platforms.
SEC. 6816. REPORT ON USE OF PUBLICLY AVAILABLE SOCIAL MEDIA INFORMATION
IN PERSONNEL VETTING DETERMINATIONS.
(a) Definitions of Continuous Vetting, Council, and Security
Executive Agent.--In this section, the terms ``continuous vetting'',
``Council'', and ``Security Executive Agent'' have the meanings given
those terms in section 6601 of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020 (50 U.S.C. 3352).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with other heads of the elements of the intelligence
community that the Director determines appropriate, and in consultation
with the other principal members of the Council, shall submit to
Congress a report regarding the current and planned use of publicly
available social media information in the personnel vetting and
security clearance processes.
(c) Elements.--The report under subsection (b) shall include the
following:
(1) A description of how departments and agencies of the United
States Government have implemented Security Executive Agent
Directive 5 titled ``Collection, Use, and Retention of Publicly
Available Social Media Information in Personnel Security Background
Investigations and Adjudications'', and relevant agency
implementing guidance, including Department of Defense Instruction
1325.06 titled ``Handling Protest, Extremist, and Criminal Gang
Activities among Members of the Armed Forces''.
(2) A description of how the use of publicly available social
media in personnel vetting determinations and security clearance
investigations and adjudications is, or will be, captured in the
National Background Investigation Services system and other
information technology systems used in the personnel vetting
process.
(3) A description of how publicly available social media
information is used, and will be used, in continuous vetting and
security clearances processes and insider threat programs.
(4) A description of any privacy or civil liberties concerns
with the use of publicly available social media information in
personnel vetting or security clearance determinations, including a
discussion of the risks, benefits, and drawbacks of allowing for
the voluntary provision of, or voluntary access to, nonpublicly
available social media information in the regular course of
personnel vetting and security clearance processes.
(5) A discussion of the extent to which officials and entities
of the United States Government responsible for privacy and civil
liberties matters, including the Chief of the Office of Civil
Liberties, Privacy, and Transparency of the Office of the Director
of National Intelligence and the civil liberties officers of
departments and agencies of the United States Government, are
involved in the development and operation of programs to use social
media information in personnel vetting and security clearance
processes.
(6) A discussion of any impediments, constraints, risks, or
drawbacks relating to the use of publicly available social media
information in personnel vetting and security clearance processes,
including--
(A) challenges associated with implementation of Security
Executive Agent Directive 5, Department of Defense Instruction
1325.06, and other relevant guidance;
(B) the resources required, including with respect to
personnel, funding, and information systems, to gather, assess,
and make use of such information; and
(C) an analysis of the costs and benefits of the use of
publicly available social media information.
(7) An implementation plan for the future use of publicly
available social media information, based on relevant findings
under paragraphs (1) through (6).
SEC. 6817. REPORT ON STRENGTHENING WORKFORCE DIVERSITY PLANNING AND
OVERSIGHT.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the heads of the elements of the intelligence
community, shall submit to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report discussing
steps to enhance the strategic planning for, measure the progress of,
and assess barriers to workforce diversity in the intelligence
community.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A discussion of existing, updated, or new guidance
requiring all elements of the intelligence community to maintain
current and complete diversity strategic plans that contain
specific objectives, timeframes, and responsibilities.
(2) A discussion of progress made by individual elements toward
maintaining such plans.
(3) A discussion of existing, updated, or new guidance to
ensure individual elements develop performance measures to assess
the contribution of activities toward achieving diversity goals and
overall progress.
(4) A discussion of progress made by individual elements toward
developing measures to assess progress toward achieving diversity
management efforts.
(5) A discussion of existing, updated, or new guidance ensuring
that each element routinely identifies and takes steps toward
eliminating barriers to workforce diversity.
(6) A discussion of steps taken by the Director to ensure that
individual elements are routinely completing required assessments
to identify and eliminate barriers to diversity.
(7) A discussion of steps taken by the Director to establish
specific implementation objectives and timeframes for the elements
that support intelligence community-wide diversity goals to ensure
the elements are held accountable for making progress.
SEC. 6818. REPORT ON TRANSITION OF NATIONAL RECONNAISSANCE OFFICE TO
DIGITAL ENGINEERING ENVIRONMENT.
(a) Findings.--Congress finds the following:
(1) Potential foreign adversaries are outpacing the United
States in the fielding of new generations of space systems that
dull the edge the United States has enjoyed in space.
(2) A digital engineering environment, also known as digital
systems engineering, reduces the time to field new space systems.
(3) Digital engineering environment tools enable the rapid
iterations of requirements and architectures into digital system
depictions capable of use by private industry to further the design
and development of space systems.
(b) Sense of Congress.--It is the sense of Congress that, to
maintain a competitive advantage in space, the National Reconnaissance
Office should transition to a digital engineering environment by not
later than 3 years after the date of the enactment of this Act.
(c) Report.--
(1) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National Reconnaissance
Office shall submit to the appropriate congressional committees a
report that contains the following:
(A) A plan for the transition of the National
Reconnaissance Office to a digital engineering environment.
(B) An identification of the date by which such transition
shall be completed.
(C) A description of the metrics the Director plans to use
to measure progress made with respect to such transition and
resulting efficiencies gained.
(D) A description of the initial pilot programs of the
National Reconnaissance Office relating to digital engineering
and the plans to expand such pilot programs in scale and scope
with respect to acquisition carried out under such pilot
programs.
(E) A description of any training requirements or
certifications necessary to advance a digital engineering
environment within the National Reconnaissance Office.
(F) A description of how the Director plans to incorporate
input and best practices from private industry to facilitate
and accelerate the transition of the National Reconnaissance
Office to a digital engineering environment.
(2) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the congressional defense committees (as defined in section
101(a)(16) of title 10, United States Code).
SEC. 6819. BRIEFING ON DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE
ACTIVITIES.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate.
(C) The Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives.
(2) Component of the department of homeland security.--The term
``component of the Department of Homeland Security'' means the
following components of the Department of Homeland Security:
(A) The Cybersecurity and Infrastructure Security Agency
Threat Management Division.
(B) The Federal Emergency Management Agency Protection and
National Preparedness, Office of Counterterrorism and Security
Preparedness.
(C) The Transportation Security Administration Office of
Intelligence and Analysis.
(D) The United States Citizenship and Immigration Services
Fraud Detection and National Security Directorate, Field
Operations Directorate, and Collateral Duty Intelligence.
(E) The United States Customs and Border Protection Office
of Intelligence.
(F) The United States Immigration and Customs Enforcement
Homeland Security Investigations, Office of Intelligence, and
Special Agent in Charge Intelligence Program.
(3) Intelligence activity.--The term ``intelligence activity''
shall be interpreted consistent with how such term is used in
section 502 of the National Security Act of 1947 (50 U.S.C. 3092).
(b) Briefing on Intelligence Activities.--Consistent with section
501 of the National Security Act of 1947 (50 U.S.C. 3091), not later
than 30 days after the date of the enactment of this Act, the Chief
Intelligence Officer of the Department of Homeland Security shall
provide the appropriate congressional committees a briefing on the
intelligence activities of elements of the Department of Homeland
Security that are not elements of the intelligence community. Such
briefing shall include the following:
(1) A comprehensive description of all intelligence activities
conducted during the period beginning on January 1, 2018, and
ending on the date of the briefing, by any component of the
Department of Homeland Security that conducts intelligence
activities.
(2) With respect to each such intelligence activity, a
description of the activity, including, at a minimum--
(A) the nature of the activity;
(B) the component undertaking the activity;
(C) the legal authority for such activity; and
(D) the source of funding for such activity.
(3) A description and the quantity of any types of finished
intelligence products, or intelligence information reports,
produced or contributed to by a component of the Department of
Homeland Security that conducts intelligence activities during the
period specified in paragraph (1).
(4) An identification of any external or internal guidelines,
policies, processes, practices, or programs governing the
collection, retention, analysis, or dissemination by such a
component of information regarding United States citizens, lawful
permanent residents of the United States, or individuals located
within the United States.
(c) Form.--The briefing under subsection (b) may be provided in
classified form.
(d) Additional Briefings.--Not later than 1 year after the date on
which the Chief Intelligence Officer provides the briefing under
subsection (b) and not less frequently than once each year thereafter,
the Chief Intelligence Officer shall provide the appropriate
congressional committees a briefing on any new intelligence activities
commenced by any component of the Department of Homeland Security and
any that have been terminated.
SEC. 6820. REPORT ON DECLASSIFICATION EFFORTS OF CENTRAL INTELLIGENCE
AGENCY.
Not later than 270 days after the date of the enactment of this
Act, the Inspector General of the Central Intelligence Agency shall
submit to the congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives a report on the declassification efforts of the
Central Intelligence Agency. Such report shall include--
(1) an identification of the resources that are dedicated to
such efforts; and
(2) an assessment as to whether such resources are sufficient.
SEC. 6821. REPORT ON NATIONAL SPACE INTELLIGENCE CENTER.
(a) Report.--Not later than March 1, 2023, the Director of National
Intelligence, in coordination with the Chief of Space Operations, shall
submit to the appropriate congressional committees a report on the
National Space Intelligence Center.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) A description of the status of the National Space
Intelligence Center since the activation of the Center and the
implications of the Center being aligned under a Field Command
rather than a field operating agency aligned to the Director of
Intelligence, Surveillance, and Reconnaissance of the Space Force.
(2) A review of the ability of the Center to address the full
set of national space intelligence analytical demands (including
with respect to acquisition and operational mission requirements of
the Space Force, the Department of Defense, the intelligence
community, and other national customers) while being assigned as a
subordinate to Space Operations Command, a Field Command,
including--
(A) an assessment of the ability of the Center to respond
to the broadest space intelligence requirements as compared to
a service specific need; and
(B) a review specifically addressing any perceived mission
misalignment, potential mitigating measures, or other
structural organization concerns.
(3) An assessment of--
(A) the current resourcing posture, including any
additional personnel required as a result of subordination to a
Field Command; and
(B) the resourcing posture if the Center were aligned to
the Director of Intelligence, Surveillance, and Reconnaissance
of the Space Force as described in paragraph (1).
(4) Lessons learned since unit activation, including with
respect to--
(A) organizational efficiencies and inefficiencies;
(B) financial implications;
(C) organizational redundancy;
(D) parity mismatch and synergies with other service
intelligence centers; and
(E) lessons learned through comparisons to other service
intelligence centers organized as a field operating agency and
aligned under the senior intelligence officer of the respective
Armed Force.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The congressional defense committees (as defined in section
101(a)(16) of title 10, United States Code).
SEC. 6822. REPORT ON IMPLEMENTATION OF EXECUTIVE ORDER 13556, REGARDING
CONTROLLED UNCLASSIFIED INFORMATION.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence and the
Under Secretary of Defense for Intelligence and Security, in
coordination with the heads of other elements of the intelligence
community, shall submit to the appropriate committees of Congress a
report on the implementation by the intelligence community of Executive
Order 13556 (44 U.S.C. 3501 note; relating to controlled unclassified
information).
(c) Sense of Congress.--It is the sense of Congress that the
National Security Council should accelerate the process of revising or
replacing Executive Order 13556.
SEC. 6823. NATIONAL MUSEUM OF INTELLIGENCE AND SPECIAL OPERATIONS.
(a) Recognition.--The privately-funded museum to honor the
intelligence community and special operations forces that is planned to
be constructed in Ashburn, Virginia, may be recognized, upon
completion, as the ``National Museum of Intelligence and Special
Operations''.
(b) Purposes.--The purpose of recognizing the National Museum of
Intelligence and Special Operations under subsection (a) are to--
(1) commemorate the members of the intelligence community and
special operations forces who have been critical to securing the
Nation against enemies of the United States for nearly a century;
(2) preserve and support the historic role that the
intelligence community and special operations forces have played,
and continue to play, both in secrecy as well as openly, to keep
the United States and its values and way of life secure; and
(3) foster a greater understanding of the intelligence
community and special operations forces to ensure a common
understanding, dispel myths, recognize those who are not otherwise
able to be publicly recognized, and increase science, technology,
engineering, and math education through museum programs designed to
promote more interest and greater diversity in recruiting with
respect to the intelligence and special operations career field.
SEC. 6824. TECHNICAL CORRECTIONS.
(a) National Security Act of 1947.--The National Security Act of
1947 (50 U.S.C. 3001 et seq.), as amended by this Act, is further
amended as follows:
(1) In section 105(a)(1) (50 U.S.C. 3038(a)(1)), by striking
``chairman'' and inserting ``Chairman''.
(2) In section 113B(b) (50 U.S.C. 3049a(b))--
(A) in paragraph (1)(A), by striking ``Under Secretary of
Defense for Intelligence'' and inserting ``Under Secretary of
Defense for Intelligence and Security''; and
(B) in paragraph (4), by striking ``section 226 of the
Homeland Security Act of 2002 (6 U.S.C. 147)'' and inserting
``section 2208 of the Homeland Security Act of 2002 (6 U.S.C.
658)''.
(3) In section 118(a) (50 U.S.C. 3055(a)), by striking ``a
annual'' and inserting ``an annual''.
(4) In section 301(j) (50 U.S.C. 3071(j)), by striking ``and
includes'' and inserting ``and including''.
(5) In section 506G(c) (50 U.S.C. 3103(c)), by striking
``pursuant section'' and inserting ``pursuant to section''.
(6) In section 507(a)(1) (50 U.S.C. 3106(a)(1)), by striking
``Generals'' and inserting ``General''.
(7) In section 1024(g)(7)(A) (50 U.S.C. 3224(g)(7)(A)), by
striking ``places'' and inserting ``place''.
(8) In section 1104(b)(1)(B) (50 U.S.C. 3234(b)(1)(B)), by
striking the period at the end and inserting a semicolon.
(b) Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020.--The Damon
Paul Nelson and Matthew Young Pollard Intelligence Authorization Act
for Fiscal Years 2018, 2019, and 2020 (division E of Public Law 116-92)
is amended--
(1) in section 5704(b)(1) (50 U.S.C. 3334b(b)(1)), by striking
``, and subject to paragraph (3)'';
(2) in section 6316 (50 U.S.C. 3334b note), by striking
``congressional committees'' and inserting ``congressional
intelligence committees''; and
(3) in section 6604 (50 U.S.C. 3352c), by striking
``subsections (b) and (c)'' both places it appears and inserting
``subsections (a) and (b)''.
(c) Intelligence Authorization Act for Fiscal Year 2012.--Section
309(a)(5) of the Intelligence Authorization Act for Fiscal Year 2012
(50 U.S.C. 3334e) is amended by striking ``section 3542(b)'' and
inserting ``section 3552''.
(d) Public Interest Declassification Act of 2000.--The Public
Interest Declassification Act of 2000 (50 U.S.C. 3355 et seq.) is
amended--
(1) in section 703(a)(2) (50 U.S.C. 3355a(a)(2)), by striking
``Executive Order 12958'' and inserting ``Executive Order 13526'';
(2) in section 704(e)(3) (50 U.S.C. 3355b(e)(3)), by striking
the comma before ``shall'';
(3) in section 705(c) (50 U.S.C. 3355c(c)), by striking
``section 103(c)(6) of the National Security Act of 1947 (50 U.S.C.
403-3(c)(6))'' and inserting ``section 102A(i) of the National
Security Act of 1947 (50 U.S.C. 3024(i))''; and
(4) in section 706 (50 U.S.C. 3355d), by striking ``Executive
Order No. 12958'' both places it appears and inserting ``Executive
Order 13526''.
DIVISION G--HOMELAND SECURITY
TITLE LXXI--HOMELAND SECURITY MATTERS
Subtitle A--Strengthening Security in Our Communities
Sec. 7101. Enhancements to funding and administration of Nonprofit
Security Grant Program of the Department of Homeland Security.
Sec. 7102. Preservation of homeland security capabilities.
Sec. 7103. School and daycare protection.
Sec. 7104. Cybersecurity grants for schools.
Sec. 7105. Transnational Criminal Investigative Unit Stipend.
Sec. 7106. Chemical Security Analysis Center.
Subtitle B--Strengthening DHS Management, Policymaking, and Operations
Sec. 7111. Joint Task Forces of the Department of Homeland Security.
Sec. 7112. Homeland Procurement Reform Act.
Sec. 7113. Daily public report of covered contract awards.
Sec. 7114. Preference for United States industry.
Sec. 7115. Department of Homeland Security mentor-protege program.
Sec. 7116. DHS economic security council.
Subtitle C--Enhancing Cybersecurity Training and Operations
Sec. 7121. President's Cup Cybersecurity Competition.
Sec. 7122. Industrial control systems cybersecurity training.
Sec. 7123. National Computer Forensics Institute reauthorization.
Sec. 7124. Report on cybersecurity roles and responsibilities of the
Department of Homeland Security.
Subtitle D--Enhancing Transportation and Border Security Operations
Sec. 7131. TSA reaching across nationalities, societies, and languages
to advance traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to
deter vehicular terrorist attacks (Darren Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection
personnel on the use of containment devices to prevent
secondary exposure to fentanyl and other potentially lethal
substances.
Sec. 7136. Reports, evaluations, and research regarding drug
interdiction at and between ports of entry.
Subtitle E--Technical Corrections, Conforming Changes, and Improvements
Sec. 7141. Quadrennial homeland security review technical corrections.
Sec. 7142. Technical, conforming, and clerical amendments.
Sec. 7143. CISA technical corrections and improvements.
Subtitle A--Strengthening Security in Our Communities
SEC. 7101. ENHANCEMENTS TO FUNDING AND ADMINISTRATION OF NONPROFIT
SECURITY GRANT PROGRAM OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Section 2009 of the Homeland Security Act of 2002
(6 U.S.C. 609a) is amended--
(1) in subsection (a), by inserting ``or other threats'' before
the period at the end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``(a)''; and
(B) by amending paragraph (2) to read as follows:
``(2) determined by the Secretary to be at risk of terrorist
attacks or other threats.'';
(3) in subsection (c)--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (E), respectively, and moving such
subparagraphs, as so redesignated, two ems to the right;
(B) in the matter preceding subparagraph (A), as so
redesignated, by striking ``The recipient'' and inserting the
following:
``(1) In general.--The recipient'';
(C) in subparagraph (A), as so redesignated, by striking
``equipment and inspection and screening systems'' and
inserting ``equipment, inspection and screening systems, and
alteration or remodeling of existing buildings or physical
facilities'';
(D) by inserting after subparagraph (B), as so
redesignated, the following new subparagraphs:
``(C) Facility security personnel costs.
``(D) Expenses directly related to the administration of
the grant, except that those expenses may not exceed 5 percent
of the amount of the grant.''; and
(E) by adding at the end the following new paragraphs:
``(2) Retention.--Each State through which a recipient receives
a grant under this section may retain not more than 5 percent of
each grant for expenses directly related to the administration of
the grant.
``(3) Outreach and technical assistance.--
``(A) In general.--If the Administrator establishes target
allocations in determining award amounts under the Program, a
State may request a project to use a portion of the target
allocation for outreach and technical assistance if the State
does not receive enough eligible applications from nonprofit
organizations located outside high-risk urban areas.
``(B) Priority.--Any outreach or technical assistance
described in subparagraph (A) should prioritize underserved
communities and nonprofit organizations that are traditionally
underrepresented in the Program.
``(C) Parameters.--In determining grant guidelines under
subsection (g), the Administrator may determine the parameters
for outreach and technical assistance.'';
(4) in subsection (e)--
(A) by striking ``2020 through 2024'' and inserting ``2022
through 2028'';
(B) by striking ``on the expenditure'' and inserting ``on
the following:
``(1) The expenditure''; and
(C) by adding at the end the following new paragraphs:
``(2) The number of applications submitted by eligible
nonprofit organizations to each State.
``(3) The number of applications submitted by each State to the
Administrator.
``(4) The operations of the program office of the Program,
including staffing resources and efforts with respect to
subparagraphs (A) through (D) of subsection (c)(1).''; and
(5) by striking subsection (f) and inserting the following new
subsections:
``(f) Administration.--Not later than 120 days after the date of
enactment of this subsection, the Administrator shall ensure that
within the Federal Emergency Management Agency a program office for the
Program (in this subsection referred to as the `program office')
shall--
``(1) be headed by a senior official of the Agency; and
``(2) administer the Program (including, where appropriate, in
coordination with States), including relating to--
``(A) outreach, engagement, education, and technical
assistance and support to eligible nonprofit organizations
described in subsection (b), with particular attention to those
organizations in underserved communities, before, during, and
after the awarding of grants, including web-based training
videos for eligible nonprofit organizations that provide
guidance on preparing an application and the environmental
planning and historic preservation process;
``(B) the establishment of mechanisms to ensure program
office processes are conducted in accordance with
constitutional, statutory, and regulatory requirements that
protect civil rights and civil liberties and advance equal
access for members of underserved communities;
``(C) the establishment of mechanisms for the Administrator
to provide feedback to eligible nonprofit organizations that do
not receive grants;
``(D) the establishment of mechanisms to identify and
collect data to measure the effectiveness of grants under the
Program;
``(E) the establishment and enforcement of standardized
baseline operational requirements for States, including
requirements for States to eliminate or prevent any
administrative or operational obstacles that may impact
eligible nonprofit organizations described in subsection (b)
from receiving grants under the Program;
``(F) carrying out efforts to prevent waste, fraud, and
abuse, including through audits of grantees; and
``(G) promoting diversity in the types and locations of
eligible nonprofit organizations that are applying for grants
under the Program.
``(g) Grant Guidelines.--For each fiscal year, before awarding
grants under this section, the Administrator--
``(1) shall publish guidelines, including a notice of funding
opportunity or similar announcement, as the Administrator
determines appropriate; and
``(2) may prohibit States from closing application processes
before the publication of those guidelines.
``(h) Paperwork Reduction Act.--Chapter 35 of title 44, United
States Code (commonly known as the `Paperwork Reduction Act'), shall
not apply to any changes to the application materials, Program forms,
or other core Program documentation intended to enhance participation
by eligible nonprofit organizations in the Program.
``(i) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$360,000,000 for each of fiscal years 2023 through 2028 for grants
under this section, of which--
``(A) $180,000,000 each such fiscal year shall be for
recipients in high-risk urban areas that receive funding under
section 2003; and
``(B) $180,000,000 each such fiscal year shall be for
recipients in jurisdictions that do not so receive such
funding.
``(2) Operations and support.--There is authorized to be
appropriated $18,000,000 for each of fiscal years 2023 through 2028
for Operations and Support at the Federal Emergency Management
Agency for costs incurred for the management and administration
(including evaluation) of this section.''.
(b) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall seek to enter into a
contract or other agreement with an independent research
organization pursuant to which the organization will conduct a
study that analyzes and reports on the following:
(A) The effectiveness of the Nonprofit Security Grant
Program established under section 2009(a) of the Homeland
Security Act 2002 (6 U.S.C. 609a(a)), as amended by subsection
(a), for preparedness against terrorist attacks or other
threats.
(B) The risk-based formula and allocations under such
Program.
(C) The risk profile of and any identifiable factors
leading to the low participation of traditionally
underrepresented groups and States under such Program.
(2) Submission.--The report required under paragraph (1) shall
be submitted to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Homeland Security of the
House of Representatives, and the Committees on Appropriations of
the Senate and the House of Representatives.
(3) Funding.--The Administrator may use funding authorized
under subsection (j) of section 2009 of the Homeland Security Act
of 2002 (6 U.S.C. 609a)), as amended by subsection (a), to carry
out this subsection.
(c) Technical and Conforming Amendments.--Section 2008 of the
Homeland Security Act of 2002 (6 U.S.C. 609) is amended--
(1) in subsection (c) by striking ``sections 2003 and 2004''
and inserting ``sections 2003, 2004, and 2009''; and
(2) in subsection (e), by striking ``section 2003 or 2004'' and
inserting ``section 2003, 2004, or 2009''.
SEC. 7102. PRESERVATION OF HOMELAND SECURITY CAPABILITIES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives.
(3) Covered homeland security capability.--The term ``covered
homeland security capability'' means a homeland security capability
related to preventing, preparing for, protecting against, or
responding to acts of terrorism that--
(A) was developed or otherwise supported through grant
funding under the UASI before the current fiscal year; and
(B) is at risk of being reduced or eliminated without
additional Federal financial assistance.
(4) Covered urban area.--The term ``covered urban area'' means
an urban area that--
(A) during the current fiscal year did not receive grant
funding under the UASI; and
(B) requires continued Federal assistance for the purpose
of preserving a covered homeland security capability.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(6) UASI.--The term ``UASI'' means the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of 2002
(6 U.S.C. 604).
(b) Report and Proposal.--
(1) Submission to congress.--Not later than 18 months after the
date of the enactment of this Act, the Secretary, acting through
the Administrator, shall submit to the appropriate congressional
committees a report regarding covered homeland security
capabilities, including a proposal relating to providing Federal
assistance to covered urban areas to preserve such capabilities
that is informed by the survey information collected pursuant to
subsection (c)--
(A) under which the Administrator would make Federal
financial assistance available for at least three consecutive
fiscal years to covered urban areas; and
(B) that would allow covered urban areas to transition to
other sources funding for such covered homeland security
capabilities.
(2) Requirements relating to uasi funds.--The proposal required
under paragraph (1) shall contain the following:
(A) A prohibition on a covered urban area that receives
Federal financial assistance described in paragraph (1)(A)
during a fiscal year from also receiving funds under the UASI
during such fiscal year.
(B) A requirement for a covered urban area to submit to the
Administrator notice of whether such covered urban area would
elect to receive--
(i) Federal financial assistance under paragraph
(1)(A); or
(ii) funding under the UASI.
(3) Analysis.--The report required under paragraph (1) shall
include the following:
(A) An analysis of whether providing additional Federal
financial assistance, as described in paragraph (1)(A), would
allow covered urban areas to preserve covered homeland security
capabilities on a long-term basis.
(B) An analysis of whether legislative changes to the UASI
are necessary to ensure urban areas receiving funds under the
UASI are able to preserve covered homeland security
capabilities on a long-term basis.
(4) Other contents of proposal.--The proposal required under
paragraph (1) shall--
(A) set forth eligibility criteria for covered urban areas
to receive Federal assistance described in paragraph (1)(A);
(B) identify annual funding levels that would be required
to provide such Federal assistance, in accordance with the
survey required under subsection (c); and
(C) consider a range of approaches to make such Federal
assistance available to covered urban areas, including--
(i) modifications to the UASI in a manner that would
not affect the availability of funding to urban areas under
the UASI;
(ii) the establishment of a competitive grant program;
(iii) the establishment of a formula grant program; and
(iv) a timeline for the implementation of any such
approach and, if necessary, a legislative proposal to
authorize any such approach.
(c) Survey.--In developing the proposal required under subsection
(b), the Administrator shall, to ascertain the scope of Federal
financial assistance required, survey the following:
(1) Urban areas that did not receive grant funding under the
UASI during the current fiscal year concerning covered homeland
security capabilities that are at risk of being reduced or
eliminated without additional Federal financial assistance.
(2) Urban areas that received grant funding under the UASI
during the current fiscal year, but did not receive such funding
during at least one fiscal year of the seven fiscal years
immediately preceding the current fiscal year.
(3) Any other urban areas the Secretary determines appropriate.
(d) Exemption.--The Secretary may exempt the Administrator from the
requirements of subchapter I of chapter 35 of title 44, United States
Code (commonly referred to as the ``Paperwork Reduction Act''), for
purposes of carrying out subsection (c) if the Secretary determines
that complying with such requirements would delay the development of
the proposal required under subsection (b).
(e) Rule of Construction.--Nothing in this section may be construed
as directing or authorizing the Administrator to implement the proposal
required under subsection (b).
SEC. 7103. SCHOOL AND DAYCARE PROTECTION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary of
Homeland Security shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report regarding the following:
(1) The Department of Homeland Security's activities, policies,
and plans to enhance the security of early childhood education
programs, elementary schools, and secondary schools during the
preceding year that includes information on the Department's
activities through the Federal School Safety Clearinghouse.
(2) Information on all structures or efforts within the
Department intended to bolster coordination among departmental
components and offices involved in carrying out paragraph (1) and,
with respect to each structure or effort, specificity on which
components and offices are involved and which component or office
leads such structure or effort.
(3) A detailed description of the measures used to ensure
privacy rights, civil rights, and civil liberties protections in
carrying out these activities.
(b) Briefing.--Not later than 30 days after the submission of each
report required under subsection (a), the Secretary of Homeland
Security shall provide to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a briefing regarding such
report and the status of efforts to carry out plans included in such
report for the preceding year.
(c) Definitions.--In this section, the terms ``early childhood
education program'', ``elementary school'', and ``secondary school''
have the meanings given such terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 7104. CYBERSECURITY GRANTS FOR SCHOOLS.
(a) In General.--Section 2220 of the Homeland Security Act of 2002
(6 U.S.C. 665f) is amended by adding at the end the following new
subsection:
``(e) Grants and Cooperative Agreements.--The Director may award
financial assistance in the form of grants or cooperative agreements to
States, local governments, institutions of higher education (as such
term is defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)), nonprofit organizations, and other non-Federal entities
as determined appropriate by the Director for the purpose of funding
cybersecurity and infrastructure security education and training
programs and initiatives to--
``(1) carry out the purposes of CETAP; and
``(2) enhance CETAP to address the national shortfall of
cybersecurity professionals.''.
(b) Briefings.--Paragraph (2) of subsection (c) of section 2220 of
the Homeland Security Act of 2002 (6 U.S.C. 665f) is amended--
(1) by redesignating subparagraphs (C) and (D) as subparagraphs
(D) and (E) respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) information on any grants or cooperative agreements
made pursuant to subsection (e), including how any such grants
or cooperative agreements are being used to enhance
cybersecurity education for underserved populations or
communities;''.
SEC. 7105. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNIT STIPEND.
(a) Short Title.--This section may be cited as the ``Transnational
Criminal Investigative Unit Stipend Act''.
(b) Stipends for Transnational Criminal Investigative Units.--
(1) In general.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at
the end the following:
``SEC. 890C. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNITS.
``(a) In General.--The Secretary, with the concurrence of the
Secretary of State, shall operate Transnational Criminal Investigative
Units within Homeland Security Investigations.
``(b) Composition.--Each Transnational Criminal Investigative Unit
shall be composed of trained foreign law enforcement officials who
shall collaborate with Homeland Security Investigations to investigate
and prosecute individuals involved in transnational criminal activity.
``(c) Vetting Requirement.--
``(1) In general.--Before entry into a Transnational Criminal
Investigative Unit, and at periodic intervals while serving in such
a unit, foreign law enforcement officials shall be required to pass
certain security evaluations, which may include a background check,
a polygraph examination, a urinalysis test, or other measures that
the Secretary determines to be appropriate.
``(2) Leahy vetting required.--No member of a foreign law
enforcement unit may join a Transnational Criminal Investigative
Unit if the Secretary, in coordination with the Secretary of State,
has credible information that such foreign law enforcement unit has
committed a gross violation of human rights, consistent with the
limitations set forth in section 620M of the Foreign Assistance Act
of 1961 (22 U.S.C. 2378d).
``(3) Approval and concurrence.--The establishment and
continued support of the Transnational Criminal Investigative Units
who are assigned under paragraph (1)--
``(A) shall be performed with the approval of the chief of
mission to the foreign country to which the personnel are
assigned;
``(B) shall be consistent with the duties and powers of the
Secretary of State and the chief of mission for a foreign
country under section 103 of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927),
respectively; and
``(C) shall not be established without the concurrence of
the Assistant Secretary of State for International Narcotics
and Law Enforcement Affairs.
``(4) Report.--The Executive Associate Director of Homeland
Security Investigations shall submit a report to the Committee on
Foreign Relations of the Senate, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on the
Judiciary of the Senate, the Committee on Foreign Affairs of the
House of Representatives, the Committee on Homeland Security of the
House of Representatives, and the Committee on the Judiciary of the
House of Representatives that describes--
``(A) the procedures used for vetting Transnational
Criminal Investigative Unit members to include compliance with
the vetting required under this subsection; and
``(B) any additional measures that should be implemented to
prevent personnel in vetted units from being compromised by
criminal organizations.
``(d) Monetary Stipend.--The Executive Associate Director of
Homeland Security Investigations is authorized to pay vetted members of
a Transnational Criminal Investigative Unit a monetary stipend in an
amount associated with their duties dedicated to unit activities.
``(e) Annual Briefing.--The Executive Associate Director of
Homeland Security Investigations, during the 5-year period beginning on
the date of the enactment of this section, shall provide an annual
unclassified briefing to the congressional committees referred to in
subsection (c)(4), which may include a classified session, if
necessary, that identifies--
``(1) the number of vetted members of Transnational Criminal
Investigative Unit in each country;
``(2) the amount paid in stipends to such members,
disaggregated by country;
``(3) relevant enforcement statistics, such as arrests and
progress made on joint investigations, in each such country; and
``(4) whether any vetted members of the Transnational Criminal
Investigative Unit in each country were involved in any unlawful
activity, including human rights abuses or significant acts of
corruption.''.
(2) Clerical amendment.--The table of contents for the Homeland
Security Act of 2002 (Public Law 107-296) is amended by inserting
after the item relating to section 890B the following:
``Sec. 890C. Transnational Criminal Investigative Units.''.
SEC. 7106. CHEMICAL SECURITY ANALYSIS CENTER.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 323. CHEMICAL SECURITY ANALYSIS CENTER.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall designate the laboratory
described in subsection (b) as an additional laboratory pursuant to the
authority under section 308(c)(2), which shall be used to conduct
studies, analyses, and research to assess and address domestic chemical
security events.
``(b) Laboratory Described.--The laboratory described in this
subsection is the laboratory known, as of the date of enactment of this
section, as the Chemical Security Analysis Center.
``(c) Laboratory Activities.--Pursuant to the authority under
section 302(4), the Chemical Security Analysis Center shall--
``(1) identify and develop approaches and mitigation strategies
to domestic chemical security threats, including the development of
comprehensive, research-based definable goals relating to such
approaches and mitigation strategies;
``(2) provide an enduring science-based chemical threat and
hazard analysis capability;
``(3) provide expertise regarding risk and consequence
modeling, chemical sensing and detection, analytical chemistry,
acute chemical toxicology, synthetic chemistry and reaction
characterization, and nontraditional chemical agents and emerging
chemical threats;
``(4) staff and operate a technical assistance program that
provides operational support and subject matter expertise, design
and execute laboratory and field tests, and provide a comprehensive
knowledge repository of chemical threat information that is
continuously updated with data from scientific, intelligence,
operational, and private sector sources;
``(5) consult, as appropriate, with the Countering Weapons of
Mass Destruction Office of the Department to mitigate, prepare, and
respond to threats, hazards, and risks associated with domestic
chemical security events; and
``(6) carry out such other activities authorized under this
section as the Secretary determines appropriate.
``(d) Special Rule.--Nothing in this section amends, alters, or
affects--
``(1) the responsibilities of the Countering Weapons of Mass
Destruction Office of the Department; or
``(2) the activities or requirements authorized to other
entities within the Federal Government, including the activities
and requirements of the Environmental Protection Agency under
section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)), the Toxic
Substances Control Act (15 U.S.C. 2601 et seq.), and the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (commonly referred to as `Superfund'; 42 U.S.C. 9601 et
seq.).''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 322 the following new
item:
``Sec. 323. Chemical Security Analysis Center.''.
Subtitle B--Strengthening DHS Management, Policymaking, and Operations
SEC. 7111. JOINT TASK FORCES OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) Short Title.--This section may be cited as the ``DHS Joint Task
Forces Reauthorization Act of 2022''.
(b) Dhs Joint Task Forces.--Subsection (b) of section 708 of the
Homeland Security Act of 2002 (6 U.S.C. 348) is amended--
(1) by amending paragraph (8) to read as follows:
``(8) Joint task force staff.--
``(A) In general.--Each Joint Task Force shall have a
staff, composed of personnel from relevant components and
offices of the Department, to assist the Director of such Joint
Task Force in carrying out the mission and responsibilities of
such Joint Task Force.
``(B) Report.--The Secretary shall include in the report
submitted under paragraph (6)(F)--
``(i) the number of personnel of each component or
office permanently assigned to each Joint Task Force; and
``(ii) the number of personnel of each component or
office assigned on a temporary basis to each Joint Task
Force.'';
(2) in paragraph (9)--
(A) in the heading, by striking ``establishment'' and
inserting ``mission; establishment'';
(B) by amending subparagraph (A) to read as follows:
``(A) using leading practices in performance management and
lessons learned by other law enforcement task forces and joint
operations, establish--
``(i) the mission, strategic goals, and objectives of
each Joint Task Force;
``(ii) the criteria for terminating each Joint Task
Force; and
``(iii) outcome-based and other appropriate performance
metrics for evaluating the effectiveness of each Joint Task
Force with respect to the mission, strategic goals, and
objectives established pursuant to clause (i), including--
``(I) targets for each Joint Task Force to achieve
by not later than one and three years after such
establishment; and
``(II) a description of the methodology used to
establish such metrics;'';
(C) in subparagraph (B)--
(iii) by striking ``date of the enactment of this
section'' and insert ``date of the enactment of the DHS
Joint Task Forces Reauthorization Act of 2022'';
(iv) by inserting ``mission, strategic goals,
objectives, and'' before ``metrics''; and
(v) by striking the period at the end and inserting ``;
and''; and
(D) by amending subparagraph (C) to read as follows:
``(C) not later than one year after the date of the
enactment of the DHS Joint Task Forces Reauthorization Act of
2022 and annually thereafter, submit to the committees
specified in subparagraph (B) a report that contains
information on the progress in implementing the outcome-based
and other appropriate performance metrics established pursuant
to subparagraph (A)(iii).'';
(3) in paragraph (11)--
(A) in the heading, by inserting ``or termination'' after
``formation''; and
(B) by amending subparagraph (A) to read as follows:
``(A) In general.--Not later than seven days after
establishing or terminating a Joint Task Force under this
subsection, the Secretary shall submit to the majority leader
of the Senate, the minority leader of the Senate, the Speaker
of the House of Representatives, the majority leader of the
House of Representatives, the minority leader of the House of
Representatives, and the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a notification regarding such
establishment or termination, as the case may be. The contents
of any such notification shall include the following:
``(i) The criteria and conditions required to establish
or terminate the Joint Task Force at issue.
``(ii) The primary mission, strategic goals,
objectives, and plan of operations of such Joint Task
Force.
``(iii) If such notification is a notification of
termination, information on the effectiveness of such Joint
Task Force as measured by the outcome-based performance
metrics and other appropriate performance metrics
established pursuant to paragraph (9)(A)(iii).
``(iv) The funding and resources required to establish
or terminate such Joint Task Force.
``(v) The number of personnel of each component or
office permanently assigned to such Joint Task Force.
``(vi) The number of personnel of each component and
office assigned on a temporary basis to such Joint Task
Force.
``(vii) If such notification is a notification of
establishment, the anticipated costs of establishing and
operating such Joint Task Force.
``(viii) If such notification is a notification of
termination, funding allocated in the immediately preceding
fiscal year to such Joint Task Force for--
``(I) operations, notwithstanding such termination;
and
``(II) activities associated with such termination.
``(ix) The anticipated establishment or actual
termination date of such Joint Task Force, as the case may
be.'';
(4) in paragraph (12)--
(A) in subparagraph (A)--
(i) by striking ``January 31, 2018, and January 31,
2021, the Inspector General of the Department'' and
inserting ``one year after the date of the enactment of the
DHS Joint Task Forces Reauthorization Act of 2022, the
Comptroller General of the United States''; and
(ii) by inserting ``an assessment of the effectiveness
of the Secretary's utilization of the authority provided
under this section for the purposes specified in subsection
(b)(2) as among the range of options available to the
Secretary to conduct joint operations among departmental
components and offices and'' before ``a review of the Joint
Task Forces''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking
``reviews'' and inserting ``review''; and
(ii) by amending clauses (i) and (ii) to read as
follows:
``(i) an assessment of methodology utilized to
determine whether to establish or terminate each Joint Task
Force; and
``(ii) an assessment of the effectiveness of oversight
over each Joint Task Force, with specificity regarding the
Secretary's utilization of outcome-based or other
appropriate performance metrics (established pursuant to
paragraph (9)(A)(iii)) to evaluate the effectiveness of
each Joint Task Force in measuring progress with respect to
the mission, strategic goals, and objectives (established
pursuant to paragraph (9)(A)(i)) of such Joint Task
Force.''; and
(5) in paragraph (13), by striking ``2022'' and inserting
``2024''.
SEC. 7112. HOMELAND PROCUREMENT REFORM ACT.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the
following new section:
``SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO NATIONAL
SECURITY INTERESTS.
``(a) Definitions.--In this section:
``(1) Covered item.--The term `covered item' means any of the
following:
``(A) Footwear provided as part of a uniform.
``(B) Uniforms.
``(C) Holsters and tactical pouches.
``(D) Patches, insignia, and embellishments.
``(E) Chemical, biological, radiological, and nuclear
protective gear.
``(F) Body armor components intended to provide ballistic
protection for an individual, consisting of 1 or more of the
following:
``(i) Soft ballistic panels.
``(ii) Hard ballistic plates.
``(iii) Concealed armor carriers worn under a uniform.
``(iv) External armor carriers worn over a uniform.
``(G) Any other item of clothing or protective equipment as
determined appropriate by the Secretary.
``(2) Frontline operational component.--The term `frontline
operational component' means any of the following entities of the
Department:
``(A) U.S. Customs and Border Protection.
``(B) U.S. Immigration and Customs Enforcement.
``(C) The United States Secret Service.
``(D) The Transportation Security Administration.
``(E) The Federal Protective Service.
``(F) The Federal Emergency Management Agency.
``(G) The Federal Law Enforcement Training Centers.
``(H) The Cybersecurity and Infrastructure Security Agency.
``(b) Requirements.--
``(1) In general.--The Secretary shall ensure that any
procurement of a covered item for a frontline operational component
meets the following criteria:
``(A)(i) To the maximum extent possible, not less than one-
third of funds obligated in a specific fiscal year for the
procurement of such covered items shall be covered items that
are manufactured or supplied in the United States by entities
that qualify as small business concerns, as such term is
described under section 3 of the Small Business Act (15 U.S.C.
632).
``(ii) Covered items may only be supplied pursuant to
subparagraph (A) to the extent that United States entities that
qualify as small business concerns--
``(I) are unable to manufacture covered items in the
United States; and
``(II) meet the criteria identified in subparagraph
(B).
``(B) Each contractor with respect to the procurement of
such a covered item, including the end-item manufacturer of
such a covered item--
``(i) is an entity registered with the System for Award
Management (or successor system) administered by the
General Services Administration; and
``(ii) is in compliance with ISO 9001:2015 of the
International Organization for Standardization (or
successor standard) or a standard determined appropriate by
the Secretary to ensure the quality of products and
adherence to applicable statutory and regulatory
requirements.
``(C) Each supplier of such a covered item with an insignia
(such as any patch, badge, or emblem) and each supplier of such
an insignia, if such covered item with such insignia or such
insignia, as the case may be, is not produced, applied, or
assembled in the United States, shall--
``(i) store such covered item with such insignia or
such insignia in a locked area;
``(ii) report any pilferage or theft of such covered
item with such insignia or such insignia occurring at any
stage before delivery of such covered item with such
insignia or such insignia; and
``(iii) destroy any such defective or unusable covered
item with insignia or insignia in a manner established by
the Secretary, and maintain records, for three years after
the creation of such records, of such destruction that
include the date of such destruction, a description of the
covered item with insignia or insignia destroyed, the
quantity of the covered item with insignia or insignia
destroyed, and the method of destruction.
``(2) Waiver.--
``(A) In general.--In the case of a national emergency
declared by the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) or a major disaster declared by the
President under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170), the
Secretary may waive a requirement in subparagraph (A), (B) or
(C) of paragraph (1) if the Secretary determines there is an
insufficient supply of a covered item that meets such
requirement.
``(B) Notice.--Not later than 60 days after the date on
which the Secretary determines a waiver under subparagraph (A)
is necessary, the Secretary shall provide to the Committee on
Homeland Security and Governmental Affairs and the Committee on
Appropriations of the Senate and the Committee on Homeland
Security, the Committee on Oversight and Reform, and the
Committee on Appropriations of the House of Representatives
notice of such determination, which shall include the
following:
``(i) Identification of the national emergency or major
disaster declared by the President.
``(ii) Identification of the covered item for which the
Secretary intends to issue the waiver.
``(iii) A description of the demand for the covered
item and corresponding lack of supply from contractors able
to meet the criteria described in subparagraph (B) or (C)
of paragraph (1).
``(c) Pricing.--The Secretary shall ensure that covered items are
purchased at a fair and reasonable price, consistent with the
procedures and guidelines specified in the Federal Acquisition
Regulation.
``(d) Report.--Not later than one year after the date of the
enactment of this section and annually thereafter, the Secretary shall
provide to the Committee on Homeland Security, the Committee on
Oversight and Reform, the Committee on Small Business, and the
Committee on Appropriations of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs, the Committee
on Small Business and Entrepreneurship, and the Committee on
Appropriations of the Senate a briefing on instances in which vendors
have failed to meet deadlines for delivery of covered items and
corrective actions taken by the Department in response to such
instances.
``(e) Effective Date.--This section applies with respect to a
contract entered into by the Department or any frontline operational
component on or after the date that is 180 days after the date of the
enactment of this section.''.
(b) Study.--
(1) In general.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives a study of the adequacy of uniform
allowances provided to employees of frontline operational
components (as such term is defined in section 836 of the Homeland
Security Act of 2002, as added by subsection (a)).
(2) Requirements.--The study conducted under paragraph (1)
shall--
(A) be informed by a Department-wide survey of employees
from across the Department of Homeland Security who receive
uniform allowances that seeks to ascertain what, if any,
improvements could be made to the current uniform allowances
and what, if any, impacts current allowances have had on
employee morale and retention;
(B) assess the adequacy of the most recent increase made to
the uniform allowance for first year employees; and
(C) consider increasing by 50 percent, at minimum, the
annual allowance for all other employees.
(c) Additional Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
provide a report with recommendations on how the Department of
Homeland Security could procure additional items from domestic
sources and bolster the domestic supply chain for items related to
national security to--
(A) the Committee on Homeland Security and Governmental
Affairs, the Committee on Small Business and Entrepreneurship,
and the Committee on Appropriations of the Senate; and
(B) the Committee on Homeland Security, the Committee on
Oversight and Reform, the Committee on Small Business, and the
Committee on Appropriations of the House of Representatives.
(2) Contents.--The report required under paragraph (1) shall
include the following:
(A) A review of the compliance of the Department of
Homeland Security with the requirements under section 604 of
title VI of division A of the American Recovery and
Reinvestment Act of 2009 (6 U.S.C. 453b) to buy certain items
related to national security interests from sources in the
United States.
(B) An assessment of the capacity of the Department of
Homeland Security to procure the following items from domestic
sources:
(i) Personal protective equipment and other items
necessary to respond to a pandemic such as that caused by
COVID-19.
(ii) Helmets that provide ballistic protection and
other head protection and components.
(iii) Rain gear, cold weather gear, and other
environmental and flame resistant clothing.
(d) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)
is amended by inserting after the item relating to section 835 the
following:
``Sec. 836. Requirements to buy certain items related to national
security interests.''.
SEC. 7113. DAILY PUBLIC REPORT OF COVERED CONTRACT AWARDS.
(a) Daily Contract Reporting Requirements.--
(1) Report.--
(A) In general.--The Secretary shall post, maintain, and
update in accordance with paragraph (2), on a publicly
available website of the Department, a daily report of all
covered contract awards.
(B) Contents.--Each report under this paragraph shall
include, for each covered contract award, information relating
to the following:
(i) The contract number, modification number, or
delivery order number.
(ii) The contract type.
(iii) The amount obligated for the award.
(iv) The total contract value for the award, including
all options.
(v) The description of the purpose for the award.
(vi) The number of proposals or bids received.
(vii) The name and address of the vendor, and whether
the vendor is a small business.
(viii) The period and primary place of performance for
the award.
(ix) Whether the award is multiyear.
(x) The contracting office.
(2) Update.--The Secretary shall make updates referred to in
paragraph (1) not later than five business days after the date on
which a covered contract is authorized or modified.
(3) Effective date.--Paragraph (1) shall take effect on the
date that is 180 days after the date of the enactment of this Act.
(b) Undefinitized Contract Action or Definitized Amount.--If a
covered contract award reported under subsection (a) includes an
undefinitized contract action, the Secretary shall--
(1) report the estimated total contract value for the award and
the amount obligated upon award; and
(2) once there is a definitized amount for the award, update
the total contract value and amount obligated.
(c) Exemption.--Each report required under subsection (a) shall not
include covered contract awards for which synopsis was exempted under
section 5.202(a)(1) of the Federal Acquisition Regulation, or any
successor thereto.
(d) Definitions.--In this section:
(1) Covered contract award.--The term ``covered contract
award''--
(A) means a contract action of the Department with a total
contract value of not less than $4,000,000, including
unexercised options; and
(B) includes--
(i) contract awards governed by the Federal Acquisition
Regulation;
(ii) modifications to a contract award that increase
the total value, expand the scope of work, or extend the
period of performance;
(iii) orders placed on a multiple-award or multiple-
agency contract that includes delivery or quantity terms
that are indefinite;
(iv) other transaction authority agreements; and
(v) contract awards made with other than full and open
competition.
(2) Definitized amount.--The term ``definitized amount'' means
the final amount of a covered contract award after agreement
between the Department and the contractor at issue.
(3) Department.--The term ``Department'' means the Department
of Homeland Security.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(5) Small business.--The term ``small business'' means an
entity that qualifies as a small business concern, as defined under
section 3 of the Small Business Act (15 U.S.C. 632).
(6) Total contract value.--The term ``total contract value''
means the total amount of funds expected to be provided to the
contractor at issue under the terms of the contract through the
full period of performance.
(7) Undefinitized contract action.--The term ``undefinitized
contract action'' means any contract action for which the contract
terms, specifications, or price is not established prior to the
start of the performance of the covered contract award.
(e) Sunset.--This section shall cease to have force or effect on
the date that is five years after the date of the enactment of this
Act.
SEC. 7114. PREFERENCE FOR UNITED STATES INDUSTRY.
Section 308 of the Homeland Security Act of 2002 (6 U.S.C. 188) is
amended by adding at the end the following new subsection:
``(d) Preference for United States Industry.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country of concern'
means a country that--
``(i) is a covered nation, as such term is defined in
section 4872(d) of title 10, United States Code; or
``(ii) the Secretary determines is engaged in conduct
that is detrimental to the national security of the United
States.
``(B) Nonprofit organization; small business firm; subject
invention.--The terms `nonprofit organization', `small business
firm', and `subject invention' have the meanings given such
terms in section 201 of title 35, United States Code.
``(C) Manufactured substantially in the united states.--The
term `manufactured substantially in the United States' means an
item is a domestic end product.
``(D) Domestic end product.--The term `domestic end
product' has the meaning given such term in section 25.003 of
title 48, Code of Federal Regulations, or any successor
thereto.
``(3) Waivers.--
``(A) In general.--Subject to subparagraph (B), in
individual cases, the requirements under section 204 of title
35, United States Code, may be waived by the Secretary upon a
showing by the small business firm, nonprofit organization, or
assignee that reasonable but unsuccessful efforts have been
made to grant licenses on similar terms to potential licensees
that would be likely to manufacture substantially in the United
States or that under the circumstances domestic manufacture is
not commercially feasible.
``(B) Conditions on waivers granted by department.--
``(i) Before grant of waiver.--Before granting a waiver
under subparagraph (A), the Secretary shall comply with the
procedures developed and implemented by the Department
pursuant to section 70923(b)(2) of the Build America, Buy
America Act (enacted as subtitle A of title IX of division
G of Public Law 117-58).
``(ii) Prohibition on granting certain waivers.--The
Secretary may not grant a waiver under subparagraph (A) if,
as a result of such waiver, products embodying the
applicable subject invention, or produced through the use
of the applicable subject invention, would be manufactured
substantially in a country of concern.''.
SEC. 7115. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.), as amended by subtitle A, is
further amended by adding at the end the following new section:
``SEC. 890D. MENTOR-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the Department a
mentor-protege program (in this section referred to as the `Program')
under which a mentor firm enters into an agreement with a protege firm
for the purpose of assisting the protege firm to compete for prime
contracts and subcontracts of the Department.
``(b) Eligibility.--The Secretary shall establish criteria for
mentor firms and protege firms to be eligible to participate in the
Program, including a requirement that a firm is not included on any
list maintained by the Federal Government of contractors that have been
suspended or debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the Office of
Small and Disadvantaged Business Utilization of the Department,
shall establish a process for submission of an application jointly
by a mentor firm and the protege firm selected by the mentor firm.
The application shall include each of the following:
``(A) A description of the assistance to be provided by the
mentor firm, including, to the extent available, the number and
a brief description of each anticipated subcontract to be
awarded to the protege firm.
``(B) A schedule with milestones for achieving the
assistance to be provided over the period of participation in
the Program.
``(C) An estimate of the costs to be incurred by the mentor
firm for providing assistance under the Program.
``(D) Attestations that Program participants will submit to
the Secretary reports at times specified by the Secretary to
assist the Secretary in evaluating the protege firm's
developmental progress.
``(E) Attestations that Program participants will inform
the Secretary in the event of a change in eligibility or
voluntary withdrawal from the Program.
``(2) Approval.--Not later than 60 days after receipt of an
application pursuant to paragraph (1), the head of the Office of
Small and Disadvantaged Business Utilization shall notify
applicants of approval or, in the case of disapproval, the process
for resubmitting an application for reconsideration.
``(3) Rescission.--The head of the Office of Small and
Disadvantaged Business Utilization may rescind the approval of an
application under this subsection if it determines that such action
is in the best interest of the Department.
``(d) Program Duration.--A mentor firm and protege firm approved
under subsection (c) shall enter into an agreement to participate in
the Program for a period of not less than 36 months.
``(e) Program Benefits.--A mentor firm and protege firm that enter
into an agreement under subsection (d) may receive the following
Program benefits:
``(1) With respect to an award of a contract that requires a
subcontracting plan, a mentor firm may receive evaluation credit
for participating in the Program.
``(2) With respect to an award of a contract that requires a
subcontracting plan, a mentor firm may receive credit for a protege
firm performing as a first tier subcontractor or a subcontractor at
any tier in an amount equal to the total dollar value of any
subcontracts awarded to such protege firm.
``(3) A protege firm may receive technical, managerial,
financial, or any other mutually agreed upon benefit from a mentor
firm, including a subcontract award.
``(f) Reporting.--Not later than one year after the date of the
enactment of this section and annually thereafter, the head of the
Office of Small and Disadvantaged Business Utilization shall submit to
the Committee on Homeland Security and Governmental Affairs and the
Committee on Small Business and Entrepreneurship of the Senate and the
Committee on Homeland Security and the Committee on Small Business of
the House of Representatives a report that--
``(1) identifies each agreement between a mentor firm and a
protege firm entered into under this section, including the number
of protege firm participants that are--
``(A) small business concerns;
``(B) small business concerns owned and controlled by
veterans;
``(C) small business concerns owned and controlled by
service-disabled veterans;
``(D) qualified HUBZone small business concerns;
``(E) small business concerns owned and controlled by
socially and economically disadvantaged individuals;
``(F) small business concerns owned and controlled by
women;
``(G) historically Black colleges and universities; and
``(H) minority-serving institutions;
``(2) describes the type of assistance provided by mentor firms
to protege firms;
``(3) identifies contracts within the Department in which a
mentor firm serving as the prime contractor provided subcontracts
to a protege firm under the Program; and
``(4) assesses the degree to which there has been--
``(A) an increase in the technical capabilities of protege
firms; and
``(B) an increase in the quantity and estimated value of
prime contract and subcontract awards to protege firms for the
period covered by the report.
``(g) Rule of Construction.--Nothing in this section may be
construed to limit, diminish, impair, or otherwise affect the authority
of the Department to participate in any program carried out by or
requiring approval of the Small Business Administration or adopt or
follow any regulation or policy that the Administrator of the Small
Business Administration may promulgate, except that, to the extent that
any provision of this section (including subsection (h)) conflicts with
any other provision of law, regulation, or policy, this section shall
control.
``(h) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically Black college or university' has the meaning given
the term `part B institution' in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
``(2) Mentor firm.--The term `mentor firm' means a for-profit
business concern that is not a small business concern that--
``(A) has the ability to assist and commits to assisting a
protege to compete for Federal prime contracts and
subcontracts; and
``(B) satisfies any other requirements imposed by the
Secretary.
``(3) Minority-serving institution.--The term `minority-serving
institution' means an institution of higher education described in
section 317 of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
``(4) Protege firm.--The term `protege firm' means a small
business concern, a historically Black college or university, or a
minority-serving institution that--
``(A) is eligible to enter into a prime contract or
subcontract with the Department; and
``(B) satisfies any other requirements imposed by the
Secretary.
``(5) Small business act definitions.--The terms `small
business concern', `small business concern owned and controlled by
veterans', `small business concern owned and controlled by service-
disabled veterans', `qualified HUBZone small business concern',
`and small business concern owned and controlled by women' have the
meanings given such terms, respectively, under section 3 of the
Small Business Act (15 U.S.C. 632). The term `small business
concern owned and controlled by socially and economically
disadvantaged individuals' has the meaning given such term in
section 8(d)(3)(C) of the Small Business Act (15 U.S.C.
637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 890C (as added by subtitle A) the following
new item:
``Sec. 890D. Mentor-protege program.''.
SEC. 7116. DHS ECONOMIC SECURITY COUNCIL.
(a) Establishment of the Council.--
(1) Definitions.--In this subsection:
(A) Council.--The term ``Council'' means the council
established under paragraph (2).
(B) Department.--The term ``Department'' means the
Department of Homeland Security.
(C) Economic security.--The term ``economic security'' has
the meaning given such term in section 890B(c)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 474(c)(2)).
(D) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(2) Establishment.--In accordance with the mission of the
Department under section 101(b) of the Homeland Security Act of
2002 (6 U.S.C. 111(b)), and in particular paragraph (1)(F) of such
section, the Secretary shall establish a standing council of
Department component heads or their designees, to carry out the
duties described in paragraph (3).
(3) Duties of the council.--Pursuant to the scope of the
mission of the Department as described in paragraph (2), the
Council shall provide to the Secretary advice and recommendations
on matters of economic security, including relating to the
following:
(A) Identifying concentrated risks for trade and economic
security.
(B) Setting priorities for securing the trade and economic
security of the United States.
(C) Coordinating Department-wide activity on trade and
economic security matters.
(D) With respect to the development of the continuity of
the economy plan of the President under section 9603 of the
William M. (Mac) Thornberry National Defense Authorization Act
of Fiscal Year 2021 (6 U.S.C. 322).
(E) Proposing statutory and regulatory changes impacting
trade and economic security.
(F) Any other matters the Secretary considers appropriate.
(4) Chair and vice chair.--The Under Secretary for Strategy,
Policy, and Plans of the Department--
(A) shall serve as Chair of the Council; and
(B) may designate a Council member as a Vice Chair.
(5) Meetings.--The Council shall meet not less frequently than
quarterly, as well as--
(A) at the call of the Chair; or
(B) at the direction of the Secretary.
(6) Briefings.--Not later than 180 days after the date of the
enactment of this Act and every 180 days thereafter for four years,
the Council shall brief the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland
Security of the House of Representatives, the Committee on Finance
of the Senate, the Committee on Ways and Means of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and Committee on Energy and Commerce
of the House of Representatives on the actions and activities of
the Council.
(b) Assistant Secretary.--Section 709 of the Homeland Security Act
of 2002 (6 U.S.C. 349) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Assistant Secretary.--
``(1) In general.--There is established within the Office of
Strategy, Policy, and Plans an Assistant Secretary, who shall
assist the Secretary in carrying out the duties under paragraph (2)
and the responsibilities under paragraph (3). Notwithstanding
section 103(a)(1), the Assistant Secretary established under this
paragraph shall be appointed by the President without the advice
and consent of the Senate.
``(2) Duties.--At the direction of the Secretary, the Assistant
Secretary established under paragraph (1) shall be responsible for
policy formulation regarding matters relating to economic security
and trade, as such matters relate to the mission and the operations
of the Department.
``(3) Additional responsibilities.--In addition to the duties
specified in paragraph (2), the Assistant Secretary established
under paragraph (1), at the direction of the Secretary, may--
``(A) oversee--
``(i) coordination of supply chain policy; and
``(ii) assessments and reports to Congress related to
critical economic security domains;
``(B) coordinate with stakeholders in other Federal
departments and agencies and nongovernmental entities with
trade and economic security interests, authorities, and
responsibilities; and
``(C) perform such additional duties as the Secretary or
the Under Secretary of Strategy, Policy, and Plans may
prescribe.
``(4) Definitions.--In this subsection:
``(A) Critical economic security domain.--The term
`critical economic security domain' means any infrastructure,
industry, technology, or intellectual property (or combination
thereof) that is essential for the economic security of the
United States.
``(B) Economic security.--The term `economic security' has
the meaning given such term in section 890B(c)(2).''.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to affect or diminish
the authority otherwise granted to any other officer of the Department
of Homeland Security.
Subtitle C--Enhancing Cybersecurity Training and Operations
SEC. 7121. PRESIDENT'S CUP CYBERSECURITY COMPETITION.
(a) In General.--The Director of the Cybersecurity and
Infrastructure Security Agency (in this section referred to as the
``Director'') of the Department of Homeland Security is authorized to
hold an annual cybersecurity competition to be known as the
``Department of Homeland Security Cybersecurity and Infrastructure
Security Agency's President's Cup Cybersecurity Competition'' (in this
section referred to as the ``competition'') for the purpose of
identifying, challenging, and competitively awarding prizes, including
cash prizes, to the United States Government's best cybersecurity
practitioners and teams across offensive and defensive cybersecurity
disciplines.
(b) Eligibility.--To be eligible to participate in the competition,
an individual shall be a Federal civilian employee or member of the
uniformed services (as such term is defined in section 2101(3) of title
5, United States Code) and shall comply with any rules promulgated by
the Director regarding the competition.
(c) Competition Administration.--The Director may enter into a
grant, contract, cooperative agreement, or other agreement with a
private sector for-profit or nonprofit entity or State or local
government agency to administer the competition.
(d) Competition Parameters.--Each competition shall incorporate the
following elements:
(1) Cybersecurity skills outlined in the National Initiative
for Cybersecurity Education Framework, or any successor framework.
(2) Individual and team events.
(3) Categories demonstrating offensive and defensive cyber
operations, such as software reverse engineering and exploitation,
network operations, forensics, big data analysis, cyber analysis,
cyber defense, cyber exploitation, secure programming, obfuscated
coding, or cyber-physical systems.
(4) Any other elements related to paragraphs (1), (2), or (3),
as determined necessary by the Director.
(e) Use of Funds.--
(1) In general.--In order to further the goals and objectives
of the competition, the Director may use amounts made available to
the Director for the competition for reasonable expenses for the
following:
(A) Advertising, marketing, and promoting the competition.
(B) Meals for participants and organizers of the
competition if attendance at the meal during the competition is
necessary to maintain the integrity of the competition.
(C) Promotional items, including merchandise and apparel.
(D) Consistent with section 4503 of title 5, United States
Code, necessary expenses for the honorary recognition of
competition participants, including members of the uniformed
services.
(E) Monetary and nonmonetary awards for competition
participants, including members of the uniformed services,
subject to subsection (f).
(2) Application.--This subsection shall apply to amounts
appropriated on or after the date of the enactment of this Act.
(f) Prize Limitation.--
(1) Awards by the director.--The Director may make one or more
awards per competition, except that the amount or value of each
shall not exceed $10,000.
(2) Awards by the secretary of homeland security.--The
Secretary of Homeland Security may make one or more awards per
competition, except the amount or the value of each shall not
exceed $25,000.
(3) Regular pay.--A monetary award under this section shall be
in addition to the regular pay of the recipient.
(4) Overall yearly award limit.--The total amount or value of
awards made under this Act during a fiscal year may not exceed
$100,000.
(g) Reporting Requirements.--The Director shall annually provide to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report that includes the following with respect to each
competition conducted in the preceding year:
(1) A description of available amounts.
(2) A description of authorized expenditures.
(3) Information relating to participation.
(4) Information relating to lessons learned, and how such
lessons may be applied to improve cybersecurity operations and
recruitment of the Cybersecurity and Infrastructure Security Agency
of the Department of Homeland Security.
SEC. 7122. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY TRAINING.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
following new section:
``SEC. 2220E. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY TRAINING
INITIATIVE.
``(a) Establishment.--
``(1) In general.--The Industrial Control Systems Cybersecurity
Training Initiative (in this section referred to as the
`Initiative') is established within the Agency.
``(2) Purpose.--The purpose of the Initiative is to develop and
strengthen the skills of the cybersecurity workforce related to
securing industrial control systems.
``(b) Requirements.--In carrying out the Initiative, the Director
shall--
``(1) ensure the Initiative includes--
``(A) virtual and in-person trainings and courses provided
at no cost to participants;
``(B) trainings and courses available at different skill
levels, including introductory level courses;
``(C) trainings and courses that cover cyber defense
strategies for industrial control systems, including an
understanding of the unique cyber threats facing industrial
control systems and the mitigation of security vulnerabilities
in industrial control systems technology; and
``(D) appropriate consideration regarding the availability
of trainings and courses in different regions of the United
States; and
``(2) engage in--
``(A) collaboration with the National Laboratories of the
Department of Energy in accordance with section 309;
``(B) consultation with Sector Risk Management Agencies;
``(C) as appropriate, consultation with private sector
entities with relevant expertise, such as vendors of industrial
control systems technologies; and
``(3) consult, to the maximum extent practicable, with
commercial training providers and academia to minimize the
potential for duplication of other training opportunities.
``(c) Reports.--
``(1) In general.--Not later than one year after the date of
the enactment of this section and annually thereafter, the Director
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the Initiative.
``(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
``(A) A description of the courses provided under the
Initiative.
``(B) A description of outreach efforts to raise awareness
of the availability of such courses.
``(C) The number of participants in each course.
``(D) Voluntarily provided information on the demographics
of participants in such courses, including by sex, race, and
place of residence.
``(E) Information on the participation in such courses of
workers from each critical infrastructure sector.
``(F) Plans for expanding access to industrial control
systems education and training, including expanding access to
women and underrepresented populations, and expanding access to
different regions of the United States.
``(G) Recommendations regarding how to strengthen the state
of industrial control systems cybersecurity education and
training.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2220D the following new item:
``Sec. 2220E. Industrial Control Systems Cybersecurity Training
Initiative.''.
SEC. 7123. NATIONAL COMPUTER FORENSICS INSTITUTE REAUTHORIZATION.
Section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383) is
amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``In General''
and inserting ``In General; Mission'';
(B) by striking ``2017 through 2022'' and inserting ``2023
through 2028''; and
(C) by striking the second sentence and inserting ``The
Institute's mission shall be to educate, train, and equip
State, local, territorial, and Tribal law enforcement officers,
prosecutors, and judges, as well as participants in the United
States Secret Service's network of cyber fraud task forces who
are Federal employees, members of the uniformed services, or
State, local, Tribal, or territorial employees, regarding the
investigation and prevention of cybersecurity incidents,
electronic crimes, and related cybersecurity threats, including
through the dissemination of homeland security information, in
accordance with relevant Federal law regarding privacy, civil
rights, and civil liberties protections.'';
(2) by amending subsection (b) to read as follows:
``(b) Curriculum.--In furtherance of subsection (a), all education
and training of the Institute shall be conducted in accordance with
relevant Federal law regarding privacy, civil rights, and civil
liberties protections. Education and training provided pursuant to
subsection (a) shall relate to the following:
``(1) Investigating and preventing cybersecurity incidents,
electronic crimes, and related cybersecurity threats, including
relating to instances involving illicit use of digital assets and
emerging trends in cybersecurity and electronic crime.
``(2) Conducting forensic examinations of computers, mobile
devices, and other information systems.
``(3) Prosecutorial and judicial considerations related to
cybersecurity incidents, electronic crimes, related cybersecurity
threats, and forensic examinations of computers, mobile devices,
and other information systems.
``(4) Methods to obtain, process, store, and admit digital
evidence in court.''.
(3) in subsection (c)--
(A) by striking ``cyber and electronic crime and related
threats is shared with State, local, tribal, and territorial
law enforcement officers and prosecutors'' and inserting
``cybersecurity incidents, electronic crimes, and related
cybersecurity threats is shared with recipients of education
and training provided pursuant to subsection (a)''; and
(B) by adding at the end the following new sentence: ``When
selecting participants for such training, the Institute shall
prioritize, to the extent reasonable and practicable, providing
education and training to individuals from geographically-
diverse jurisdictions throughout the United States, and the
Institute shall prioritize, to the extent reasonable and
practicable, State, local, tribal, and territorial law
enforcement officers, prosecutors, judges, and other
employees.'';
(4) in subsection (d)--
(A) by striking ``State, local, tribal, and territorial law
enforcement officers'' and inserting ``recipients of education
and training provided pursuant to subsection (a)''; and
(B) by striking ``necessary to conduct cyber and electronic
crime and related threat investigations and computer and mobile
device forensic examinations'' and inserting ``for
investigating and preventing cybersecurity incidents,
electronic crimes, and related cybersecurity threats, and for
forensic examinations of computers, mobile devices, and other
information systems'';
(5) in subsection (e)--
(A) by amending the heading to read as follows: ``Cyber
Fraud Task Forces'';
(B) by striking ``Electronic Crime'' and inserting ``Cyber
Fraud'';
(C) by striking ``State, local, tribal, and territorial law
enforcement officers'' and inserting ``recipients of education
and training provided pursuant to subsection (a)''; and
(D) by striking ``at'' and inserting ``by''; and
(6) by inserting after subsection (f) the following new
subsections:
``(g) Expenses.--The Director of the United States Secret Service
may pay for all or a part of the education, training, or equipment
provided by the Institute, including relating to the travel,
transportation, and subsistence expenses of recipients of education and
training provided pursuant to subsection (a).
``(h) Annual Reports to Congress.--
``(1) In general.--The Secretary shall include in the annual
report required under section 1116 of title 31, United States Code,
information regarding the activities of the Institute, including,
where possible, the following:
``(A) An identification of jurisdictions with recipients of
the education and training provided pursuant to subsection (a)
during such year.
``(B) Information relating to the costs associated with
that education and training.
``(C) Any information regarding projected future demand for
the education and training provided pursuant to subsection (a).
``(D) Impacts of the activities of the Institute on the
capability of jurisdictions to investigate and prevent
cybersecurity incidents, electronic crimes, and related
cybersecurity threats.
``(E) A description of the nomination process for potential
recipients of the information and training provided pursuant to
subsection (a).
``(F) Any other issues determined relevant by the
Secretary.
``(2) Exception.--Any information required under paragraph (1)
that is submitted as part of the annual budget submitted by the
President to Congress under section 1105 of title 31, United States
Code, is not required to be included in the report required under
paragraph (1).
``(i) Definitions.--In this section:
``(1) Cybersecurity threat.--The term `cybersecurity threat'
has the meaning given such term in section 102 of the Cybersecurity
Act of 2015 (enacted as division N of the Consolidated
Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 1501)).
``(2) Incident.--The term `incident' has the meaning given such
term in section 2209(a).
``(3) Information system.--The term `information system' has
the meaning given such term in section 102 of the Cybersecurity Act
of 2015 (enacted as division N of the Consolidated Appropriations
Act, 2016 (Public Law 114-113; 6 U.S.C. 1501(9))).''.
SEC. 7124. REPORT ON CYBERSECURITY ROLES AND RESPONSIBILITIES OF THE
DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Director of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security, shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the roles and responsibilities of the Department and
its components relating to cyber incident response.
(b) Contents.--The report required under subsection (a) shall
include the following:
(1) A review of how the cyber incident response plans under
section 2210(c) of the Homeland Security Act of 2002 (6 U.S.C.
660(c)) are utilized in the Federal Government's response to a
cyber incident.
(2) An explanation of the roles and responsibilities of the
Department of Homeland Security and its components with
responsibility for, or in support of, the Federal Government's
response to a cyber incident, including primary responsibility for
working with impacted private sector entities.
(3) An explanation of which and how authorities of the
Department and its components are utilized in the Federal
Government's response to a cyber incident.
(4) Recommendations to provide further clarity for roles and
responsibilities of the Department and its components relating to
cyber incident response.
Subtitle D--Enhancing Transportation and Border Security Operations
SEC. 7131. TSA REACHING ACROSS NATIONALITIES, SOCIETIES, AND LANGUAGES
TO ADVANCE TRAVELER EDUCATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration (TSA) shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a plan to ensure that TSA material
disseminated in major airports can be better understood by more people
accessing such airports.
(b) Contents.--The plan required under subsection (a) shall include
the following:
(1) An identification of the most common languages other than
English that are the primary languages of individuals that travel
through or work in each major airport.
(2) A plan to improve--
(A) TSA materials to communicate information in languages
identified pursuant to paragraph (1); and
(B) the communication of TSA material to individuals with
vision or hearing impairments or other possible barriers to
understanding such material.
(c) Considerations.--In developing the plan required under
subsection (a), the Administrator of the TSA, acting through the Office
of Civil Rights and Liberties, Ombudsman, and Traveler Engagement of
the TSA, shall take into consideration data regarding the following:
(1) International enplanements.
(2) Local populations surrounding major airports.
(3) Languages spoken by members of Indian Tribes within each
service area population in which a major airport is located.
(d) Implementation.--Not later than 180 days after the submission
of the plan required under subsection (a), the Administrator of the
TSA, in consultation with the owner or operator of each major airport,
shall implement such plan.
(e) GAO Review.--Not later than one year after the implementation
pursuant to subsection (d) of the plan required under subsection (a),
the Comptroller General of the United States shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
review of such implementation.
(f) Definitions.--In this section:
(1) Airport.--The term ``airport'' has the meaning given such
term in section 40102 of title 49, United States Code.
(2) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term ``Indian tribe'' in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130),
individually identified (including parenthetically) in the list
published most recently as of the date of the enactment of this Act
pursuant to section 104 of that Act (25 U.S.C. 5131).
(3) Major airports.--The term ``major airports'' means Category
X and Category I airports.
(4) Non-traveling individual.--The term ``non-traveling
individual'' has the meaning given such term in section 1560.3 of
title 49, Code of Federal Regulations.
(5) TSA material.--The term ``TSA material'' means signs,
videos, audio messages, websites, press releases, social media
postings, and other communications published and disseminated by
the Administrator of the TSA in Category X and Category I airports
for use by both traveling and non-traveling individuals.
SEC. 7132. ONE-STOP PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on Foreign Relations of the
Senate.
(3) TSA.--The term ``TSA'' means the Transportation Security
Administration of the Department of Homeland Security.
(b) Implementation.--Notwithstanding 44901(a) of title 49, United
States Code, the Administrator, in coordination with the Commissioner
of U.S. Customs and Border Protection and the Secretary of State, may
implement a pilot program at not more than six foreign last point of
departure airports to permit passengers and their accessible property
arriving on direct flights or flight segments originating at such
participating foreign airports to continue on additional flights or
flight segments originating in the United States without additional
security re-screening if--
(1) the initial screening was conducted in accordance with an
aviation security screening agreement described in subsection (e);
(2) passengers arriving from participating foreign airports are
unable to access their checked baggage until the arrival at their
final destination; and
(3) upon arrival in the United States, passengers arriving from
participating foreign airports do not come into contact with other
arriving international passengers, those passengers' property, or
other persons who have not been screened or subjected to other
appropriate security controls required for entry into the airport's
sterile area.
(c) Requirements for Pilot Program.--In carrying out this section,
the Administrator shall ensure that there is no reduction in the level
of security or specific TSA aviation security standards or requirements
for screening passengers and their property prior to boarding an
international flight bound for the United States, including specific
aviation security standards and requirements regarding the following:
(1) High risk passengers and their property.
(2) Weapons, explosives, and incendiaries.
(3) Screening passengers and property transferring at a foreign
last point of departure airport from another airport and bound for
the United States, and addressing any commingling of such
passengers and property with passengers and property screened under
the pilot program described in subsection (b).
(4) Insider risk at foreign last point of departure airports.
(d) Re-screening of Checked Baggage.--Subject to subsection (f),
the Administrator may determine whether checked baggage arriving from
participating foreign airports referenced in subsection (b) that screen
using an explosives detection system must be re-screened in the United
States by an explosives detection system before such baggage continues
on any additional flight or flight segment.
(e) Aviation Security Screening Agreement.--
(1) In general.--An aviation security screening agreement
described in this subsection is a treaty, executive agreement, or
non-binding instrument entered into with a foreign country that
delineates and implements security standards and protocols utilized
at a foreign last point of departure airport that are determined by
the Administrator--
(A) to be comparable to those of the United States; and
(B) sufficiently effective to enable passengers and their
accessible property to deplane into sterile areas of airports
in the United States without the need for re-screening.
(2) Non-delegation.--The authority to approve an aviation
security screening agreement may not be delegated below the level
of the Secretary of State, the Secretary of Homeland Security, or
the Administrator.
(f) Re-screening Requirement.--
(1) In general.--If the Administrator determines that a foreign
country participating in the aviation security screening agreement
has not maintained and implemented security standards and protocols
comparable to those of the United States at foreign last point of
departure airports at which a pilot program has been established in
accordance with this section, the Administrator shall ensure that
passengers and their property arriving from such airports are re-
screened in the United States, including by using explosives
detection systems in accordance with section 44901(d)(1) of title
49, United States Code, and implementing regulations and
directives, before such passengers and their property are permitted
into sterile areas of airports in the United States.
(2) Consultation.--If the Administrator has reasonable grounds
to believe the other party to an aviation security screening
agreement has not complied with such agreement, the Administrator
shall request immediate consultation with such party.
(3) Suspension or termination of agreement.--If a satisfactory
resolution between TSA and a foreign country is not reached within
45 days after a consultation request under paragraph (2) or in the
case of the foreign country's continued or egregious failure to
maintain the security standards and protocols described in
paragraph (1), the President, or with the concurrence of the
Secretary of State, the Secretary of Homeland Security or the
Administrator, as appropriate, shall suspend or terminate the
aviation security screening agreement with such country, as
determined appropriate by the President, the Secretary of Homeland
Security, or the Administrator. The Administrator shall notify the
appropriate congressional committees of such consultation and
suspension or termination, as the case may be, not later than seven
days after such consultation and suspension or termination.
(g) Briefings to Congress.--Not later than 45 days before an
aviation security screening agreement described in subsection (e)
enters into force, the Administrator, in coordination with the
Secretary of State, shall submit to the appropriate congressional
committees the following:
(1) An aviation security threat assessment for the country in
which such foreign last point of departure airport is located.
(2) Information regarding any corresponding mitigation efforts
to address any security issues identified in such threat
assessment, including any plans for joint covert testing.
(3) Information on potential security vulnerabilities
associated with commencing a pilot program at such foreign last
point of departure airport pursuant to subsection (b) and
mitigation plans to address such potential security
vulnerabilities.
(4) An assessment of the impacts such pilot program will have
on aviation security.
(5) An assessment of the screening performed at such foreign
last point of departure airport, including the feasibility of TSA
personnel monitoring screening, security protocols, and standards.
(6) Information regarding identifying the entity or entities
responsible for screening passengers and property at such foreign
last point of departure airport.
(7) The name of the entity or local authority and any
contractor or subcontractor.
(8) Information regarding the screening requirements relating
to such aviation security screening agreement.
(9) Details regarding information sharing mechanisms between
the TSA and such foreign last point of departure airport, screening
authority, or entity responsible for screening provided for under
such aviation security screening agreement.
(10) A copy of the aviation security screening agreement, which
shall identify the foreign last point of departure airport or
airports at which a pilot program under this section is to be
established.
(h) Certifications Relating to the Pilot Program for One-stop
Security.--For each aviation security screening agreement described in
subsection (e), the Administrator, in coordination with the Secretary
of State, shall submit to the appropriate congressional committees the
following:
(1)(A) A certification that such agreement satisfies all of the
requirements specified in subsection (c); or
(B) in the event that one or more of such requirements are not
so satisfied, a description of the unsatisfied requirement and
information on what actions the Administrator will take to ensure
that such remaining requirements are satisfied before such
agreement enters into force.
(2) A certification that TSA and U.S. Customs and Border
Protection have ensured that any necessary physical modifications
or appropriate mitigations exist in the domestic one-stop security
pilot program airport prior to receiving international passengers
from a last point of departure airport under the aviation security
screening agreement.
(3) A certification that a foreign last point of departure
airport covered by an aviation security screening agreement has an
operation to screen all checked bags as required by law,
regulation, or international agreement, including the full
utilization of explosives detection systems to the extent
applicable.
(4) A certification that the Administrator consulted with
stakeholders, including air carriers, aviation nonprofit labor
organizations, airport operators, relevant interagency partners,
and other stakeholders that the Administrator determines
appropriate.
(i) Report to Congress.--Not later than five years after the date
of the enactment of this Act, the Secretary of Homeland Security, in
coordination with the Administrator, shall submit to the appropriate
congressional committees a report regarding the implementation of the
pilot program authorized under this section, including information
relating to the following:
(1) The impact of such program on homeland security and
international aviation security, including any benefits and
challenges of such program.
(2) The impact of such program on passengers, airports, and air
carriers, including any benefits and challenges of such program.
(3) The impact and feasibility of continuing such program or
expanding it into a more permanent program, including any benefits
and challenges of such continuation or expansion.
(j) Rule of Construction.--Nothing in this section may be construed
as limiting the authority of U.S. Customs and Border Protection to
inspect persons and baggage arriving in the United States in accordance
with applicable law.
(k) Sunset.--The pilot program authorized under this section shall
terminate on the date that is six years after the date of the enactment
of this Act.
SEC. 7133. REPORT ON EFFORTS OF THE DEPARTMENT OF HOMELAND SECURITY TO
DETER VEHICULAR TERRORIST ATTACKS (DARREN DRAKE).
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to Congress a report on the efforts of the Department of Homeland
Security to deter vehicular terrorist attacks, including engagement
with the private sector and other stakeholders. Such report shall
include assessment of the following:
(1) The impact of such engagement on efforts to protect the
United States against terrorist attacks.
(2) A description of the Department's engagement with privacy,
civil rights, and civil liberties stakeholders.
(3) Ways to improve engagement among the following:
(A) The Department.
(B) Federal, State, local, and Tribal law enforcement
agencies.
(C) Other relevant stakeholders.
(b) Format.--The report required under subsection (a) may be
submitted in a classified or protected format, as determined
appropriate by the Secretary of Homeland Security.
SEC. 7134. DHS ILLICIT CROSS-BORDER TUNNEL DEFENSE.
(a) Counter Illicit Cross-border Tunnel Operations Strategic
Plan.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner of U.S. Customs and Border
Protection, in coordination with the Under Secretary for Science
and Technology, and, as appropriate, other officials of the
Department of Homeland Security, shall develop a counter illicit
cross-border tunnel operations strategic plan (in this section
referred to as the ``strategic plan'') to address the following:
(A) Risk-based criteria to be used to prioritize the
identification, breach, assessment, and remediation of illicit
cross-border tunnels.
(B) Promote the use of innovative technologies to identify,
breach, assess, and remediate illicit cross-border tunnels in a
manner that, among other considerations, reduces the impact of
such activities on surrounding communities.
(C) Processes to share relevant illicit cross-border tunnel
location, operations, and technical information.
(D) Indicators of specific types of illicit cross-border
tunnels found in each U.S. Border Patrol sector identified
through operations to be periodically disseminated to U.S.
Border Patrol sector chiefs to educate field personnel.
(E) A counter illicit cross-border tunnel operations
resource needs assessment that includes consideration of the
following:
(i) Technology needs.
(ii) Staffing needs, including the following:
(I) A position description for counter illicit
cross-border tunnel operations personnel.
(II) Any specialized skills required of such
personnel.
(III) The number of such full time personnel,
disaggregated by U.S. Border Patrol sector.
(2) Report to congress on strategic plan.--Not later than one
year after the development of the strategic plan, the Commissioner
of U.S. Customs and Border Protection shall submit to the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report on the implementation of the strategic plan.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Commissioner of U.S. Customs and Border Protection
$1,000,000 for each of fiscal years 2023 and 2024 to carry out--
(1) the development of the strategic plan; and
(2) remediation operations of illicit cross-border tunnels in
accordance with the strategic plan to the maximum extent
practicable.
SEC. 7135. PROVIDING TRAINING FOR U.S. CUSTOMS AND BORDER PROTECTION
PERSONNEL ON THE USE OF CONTAINMENT DEVICES TO PREVENT SECONDARY
EXPOSURE TO FENTANYL AND OTHER POTENTIALLY LETHAL SUBSTANCES.
(a) Training.--Paragraph (1) of section 416(b) of the Homeland
Security Act of 2002 (6 U.S.C. 216(b)) is amended by adding at the end
the following new subparagraph:
``(C) How to use containment devices to prevent potential
synthetic opioid exposure.''.
(b) Availability of Containment Devices.--Section 416(c) of the
Homeland Security Act of 2002 (6 U.S.C. 216(c)) is amended--
(1) in the subsection heading, by inserting ``, Containment
Devices,'' after ``Equipment''; and
(2) by striking ``and opioid receptor antagonists, including
naloxone'' and inserting ``, opioid receptor antagonists, including
naloxone, and containment devices''.
(c) Applicability to Other Components.--If the Secretary of
Homeland Secretary determines that officers, agents, other personnel,
or canines of a component of the Department of Homeland Security other
than U.S. Customs and Border Protection are at risk of potential
synthetic opioid exposure in the course of their duties, the head of
such component shall carry out the responsibilities under section 416
of the Homeland Security Act of 2002 (6 U.S.C. 216) in the same manner
and to the same degree as the Commissioner of U.S. Customs and Border
Protection carries out such responsibilities.
SEC. 7136. REPORTS, EVALUATIONS, AND RESEARCH REGARDING DRUG
INTERDICTION AT AND BETWEEN PORTS OF ENTRY.
(a) Research on Additional Technologies to Detect Fentanyl.--Not
later than one year after the date of the enactment of this Act, the
Secretary of Homeland Security, in consultation with the Attorney
General, the Secretary of Health and Human Services, and the Director
of the Office of National Drug Control Policy, shall research
additional technological solutions to--
(1) target and detect illicit fentanyl, fentanyl analogs, and
precursor chemicals, including low-purity fentanyl, especially in
counterfeit pressed tablets, and illicit pill press molds; and
(2) enhance detection of such counterfeit pressed tablets
through nonintrusive, noninvasive, and other advanced screening
technologies.
(b) Evaluation of Current Technologies and Strategies in Illicit
Drug Interdiction and Procurement Decisions.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General, the Secretary of Health and
Human Services, and the Director of the Office of National Drug
Control Policy, shall establish a program to collect available data
and develop metrics to measure how technologies and strategies used
by the Department of Homeland Security, U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, and other
relevant Federal agencies have helped detect trafficked illicit
fentanyl, fentanyl analogs, and precursor chemicals or deter
illicit fentanyl, fentanyl analogs, and precursor chemicals from
being trafficked into the United States at and between land, air,
and sea ports of entry.
(2) Considerations.--The data and metrics program established
pursuant to paragraph (1) may consider--
(A) the rate of detection of illicit fentanyl, fentanyl
analogs, and precursor chemicals at land, air, and sea ports of
entry;
(B) investigations and intelligence sharing into the
origins of illicit fentanyl, fentanyl analogs, and precursor
chemicals within the United States; and
(C) other data or metrics considered appropriate by the
Secretary of Homeland Security.
(3) Updates.--The Secretary of Homeland Security, as
appropriate and in the coordination with the officials referred to
in paragraph (1), may update the data and metrics program
established pursuant to paragraph (1).
(4) Reports.--
(A) Secretary of homeland security.--Not later than one
year after the date of the enactment of this Act and biennially
thereafter, the Secretary of Homeland Security, in consultation
with the Attorney General, the Secretary of Health and Human
Services, and the Director of the Office of National Drug
Control Policy shall, based on the data collected and metrics
developed pursuant to the program established pursuant to
paragraph (1), submit to the Committee on Homeland Security,
the Committee on Energy and Commerce, the Committee on Science,
Space, and Technology, and the Committee on the Judiciary of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on the Judiciary
of the Senate a report that--
(i) examines and analyzes current technologies,
including pilot technologies, deployed at land, air, and
sea ports of entry to assess how well such technologies
detect, deter, and address illicit fentanyl, fentanyl
analogs, and precursor chemicals; and
(ii) examines and analyzes current technologies,
including pilot technologies, deployed between land ports
of entry to assess how well and accurately such
technologies detect, deter, interdict, and address illicit
fentanyl, fentanyl analogs, and precursor chemicals;
(B) Government accountability office.--Not later than one
year after the submission of each of the first three reports
required under subparagraph (A), the Comptroller General of the
United States shall submit to the Committee on Homeland
Security, the Committee on Energy and Commerce, the Committee
on Science, Space, and Technology, and the Committee on the
Judiciary of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs, the Committee on
Commerce, Science, and Transportation, and the Committee on the
Judiciary of the Senate a report that evaluates and, as
appropriate, makes recommendations to improve, the collection
of data under the program established pursuant to paragraph (1)
and metrics used in the subsequent reports required under such
subparagraph.
Subtitle E--Technical Corrections, Conforming Changes, and Improvements
SEC. 7141. QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL CORRECTIONS.
(a) In General.--Section 707 of the Homeland Security Act of 2002
(6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' after the
semicolon at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) representatives from appropriate advisory committees
established pursuant to section 871, including the Homeland
Security Advisory Council and the Homeland Security Science and
Technology Advisory Committee, or otherwise established,
including the Aviation Security Advisory Committee established
pursuant to section 44946 of title 49, United States Code;
and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the semicolon at
the end the following: ``based on the risk assessment required
pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent practicable,'' after
``describe''; and
(ii) by striking ``budget plan'' and inserting
``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent practicable,'' after
``identify'';
(ii) by striking ``budget plan required to provide
sufficient resources to successfully'' and inserting
``resources required to''; and
(iii) by striking the semicolon at the end and
inserting the following: ``, including any resources
identified from redundant, wasteful, or unnecessary
capabilities or capacities that may be redirected to better
support other existing capabilities or capacities, as the
case may be; and'';
(D) in paragraph (5), by striking ``; and'' and inserting a
period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31 of the
year'' and inserting ``60 days after the date of the submission
of the President's budget for the fiscal year after the fiscal
year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``description of
the threats to'' and inserting ``risk assessment of'';
(ii) in subparagraph (C), by inserting ``, as required
under subsection (b)(2)'' before the semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the extent practicable,''
before ``a description''; and
(II) by striking ``budget plan'' and inserting
``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent practicable,''
before ``a discussion''; and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent practicable,''
before ``a discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks'' before ``to
national homeland''; and
(IV) by inserting ``and'' after the semicolon at
the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as subparagraph
(H);
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following new
paragraph:
``(3) Documentation.--The Secretary shall retain and, upon
request, provide to Congress the following documentation regarding
each quadrennial homeland security review:
``(A) Records regarding the consultation carried out
pursuant to subsection (a)(3), including the following:
``(i) All written communications, including
communications sent out by the Secretary and feedback
submitted to the Secretary through technology, online
communications tools, in-person discussions, and the
interagency process.
``(ii) Information on how feedback received by the
Secretary informed each such quadrennial homeland security
review.
``(B) Information regarding the risk assessment required
pursuant to subsection (c)(2)(B), including the following:
``(i) The risk model utilized to generate such risk
assessment.
``(ii) Information, including data used in the risk
model, utilized to generate such risk assessment.
``(iii) Sources of information, including other risk
assessments, utilized to generate such risk assessment.
``(iv) Information on assumptions, weighing factors,
and subjective judgments utilized to generate such risk
assessment, together with information on the rationale or
basis thereof.'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection:
``(d) Review.--Not later than 90 days after the submission of each
report required under subsection (c)(1), the Secretary shall provide to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate information on the degree to which the findings and
recommendations developed in the quadrennial homeland security review
that is the subject of such report were integrated into the acquisition
strategy and expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this Act shall apply
with respect to a quadrennial homeland security review conducted after
December 31, 2021.
SEC. 7142. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
The table of contents in section 1(b) of the Homeland Security Act
of 2002 is amended by--
(1) amending the items relating to sections 435 and 436 to read
as follows:
``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.'';
(2) amending the item relating to section 1617 to read as
follows:
``Sec. 1617. Diversified security technology industry marketplace.'';
(3) amending the item relating to section 1621 to read as
follows:
``Sec. 1621. Maintenance validation and oversight.''; and
(4) amending the item relating to section 2103 to read as
follows:
``Sec. 2103. Protection and sharing of information.''.
SEC. 7143. CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS.
(a) Technical Amendment Relating to DOTGOV Act of 2020.--
(1) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020
(title IX of division U of Public Law 116-260) is amended, in the
matter preceding subparagraph (A), by striking ``Homeland Security
Act'' and inserting ``Homeland Security Act of 2002''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect as if enacted as part of the DOTGOV Act of 2020 (title
IX of division U of Public Law 116-260).
(b) Consolidation of Definitions.--
(1) In general.--Title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended by inserting before the
subtitle A heading the following:
``SEC. 2200. DEFINITIONS.
``Except as otherwise specifically provided, in this title:
``(1) Agency.--The term `Agency' means the Cybersecurity and
Infrastructure Security Agency.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(B) the Committee on Homeland Security of the House of
Representatives.
``(3) Cloud service provider.--The term `cloud service
provider' means an entity offering products or services related to
cloud computing, as defined by the National Institute of Standards
and Technology in NIST Special Publication 800-145 and any
amendatory or superseding document relating thereto.
``(4) Critical infrastructure information.--The term `critical
infrastructure information' means information not customarily in
the public domain and related to the security of critical
infrastructure or protected systems--
``(A) actual, potential, or threatened interference with,
attack on, compromise of, or incapacitation of critical
infrastructure or protected systems by either physical or
computer-based attack or other similar conduct (including the
misuse of or unauthorized access to all types of communications
and data transmission systems) that violates Federal, State, or
local law, harms interstate commerce of the United States, or
threatens public health or safety;
``(B) the ability of any critical infrastructure or
protected system to resist such interference, compromise, or
incapacitation, including any planned or past assessment,
projection, or estimate of the vulnerability of critical
infrastructure or a protected system, including security
testing, risk evaluation thereto, risk management planning, or
risk audit; or
``(C) any planned or past operational problem or solution
regarding critical infrastructure or protected systems,
including repair, recovery, reconstruction, insurance, or
continuity, to the extent it is related to such interference,
compromise, or incapacitation.
``(5) Cyber threat indicator.--The term `cyber threat
indicator' means information that is necessary to describe or
identify--
``(A) malicious reconnaissance, including anomalous
patterns of communications that appear to be transmitted for
the purpose of gathering technical information related to a
cybersecurity threat or security vulnerability;
``(B) a method of defeating a security control or
exploitation of a security vulnerability;
``(C) a security vulnerability, including anomalous
activity that appears to indicate the existence of a security
vulnerability;
``(D) a method of causing a user with legitimate access to
an information system or information that is stored on,
processed by, or transiting an information system to
unwittingly enable the defeat of a security control or
exploitation of a security vulnerability;
``(E) malicious cyber command and control;
``(F) the actual or potential harm caused by an incident,
including a description of the information exfiltrated as a
result of a particular cybersecurity threat;
``(G) any other attribute of a cybersecurity threat, if
disclosure of such attribute is not otherwise prohibited by
law; or
``(H) any combination thereof.
``(6) Cybersecurity purpose.--The term `cybersecurity purpose'
means the purpose of protecting an information system or
information that is stored on, processed by, or transiting an
information system from a cybersecurity threat or security
vulnerability.
``(7) Cybersecurity risk.--The term `cybersecurity risk'--
``(A) means threats to and vulnerabilities of information
or information systems and any related consequences caused by
or resulting from unauthorized access, use, disclosure,
degradation, disruption, modification, or destruction of such
information or information systems, including such related
consequences caused by an act of terrorism; and
``(B) does not include any action that solely involves a
violation of a consumer term of service or a consumer licensing
agreement.
``(8) Cybersecurity threat.--
``(A) In general.--Except as provided in subparagraph (B),
the term `cybersecurity threat' means an action, not protected
by the First Amendment to the Constitution of the United
States, on or through an information system that may result in
an unauthorized effort to adversely impact the security,
availability, confidentiality, or integrity of an information
system or information that is stored on, processed by, or
transiting an information system.
``(B) Exclusion.--The term `cybersecurity threat' does not
include any action that solely involves a violation of a
consumer term of service or a consumer licensing agreement.
``(9) Defensive measure.--
``(A) In general.--Except as provided in subparagraph (B),
the term `defensive measure' means an action, device,
procedure, signature, technique, or other measure applied to an
information system or information that is stored on, processed
by, or transiting an information system that detects, prevents,
or mitigates a known or suspected cybersecurity threat or
security vulnerability.
``(B) Exclusion.--The term `defensive measure' does not
include a measure that destroys, renders unusable, provides
unauthorized access to, or substantially harms an information
system or information stored on, processed by, or transiting
such information system not owned by--
``(i) the private entity, as defined in section 102 of
the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501), operating the measure; or
``(ii) another entity or Federal entity that is
authorized to provide consent and has provided consent to
that private entity for operation of such measure.
``(10) Director.--The term `Director' means the Director of the
Cybersecurity and Infrastructure Security Agency.
``(11) Homeland security enterprise.--The term `Homeland
Security Enterprise' means relevant governmental and
nongovernmental entities involved in homeland security, including
Federal, State, local, and Tribal government officials, private
sector representatives, academics, and other policy experts.
``(12) Incident.--The term `incident' means an occurrence that
actually or imminently jeopardizes, without lawful authority, the
integrity, confidentiality, or availability of information on an
information system, or actually or imminently jeopardizes, without
lawful authority, an information system.
``(13) Information sharing and analysis organization.--The term
`Information Sharing and Analysis Organization' means any formal or
informal entity or collaboration created or employed by public or
private sector organizations, for purposes of--
``(A) gathering and analyzing critical infrastructure
information, including information related to cybersecurity
risks and incidents, in order to better understand security
problems and interdependencies related to critical
infrastructure, including cybersecurity risks and incidents,
and protected systems, so as to ensure the availability,
integrity, and reliability thereof;
``(B) communicating or disclosing critical infrastructure
information, including cybersecurity risks and incidents, to
help prevent, detect, mitigate, or recover from the effects of
an interference, a compromise, or an incapacitation problem
related to critical infrastructure, including cybersecurity
risks and incidents, or protected systems; and
``(C) voluntarily disseminating critical infrastructure
information, including cybersecurity risks and incidents, to
its members, State, local, and Federal Governments, or any
other entities that may be of assistance in carrying out the
purposes specified in subparagraphs (A) and (B).
``(14) Information system.--The term `information system'--
``(A) has the meaning given the term in section 3502 of
title 44, United States Code; and
``(B) includes industrial control systems, such as
supervisory control and data acquisition systems, distributed
control systems, and programmable logic controllers.
``(15) Intelligence community.--The term `intelligence
community' has the meaning given the term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)).
``(16) Malicious cyber command and control.--The term
`malicious cyber command and control' means a method for
unauthorized remote identification of, access to, or use of, an
information system or information that is stored on, processed by,
or transiting an information system.
``(17) Malicious reconnaissance.--The term `malicious
reconnaissance' a method for actively probing or passively
monitoring an information system for the purpose of discerning
security vulnerabilities of the information system, if such method
is associated with a known or suspected cybersecurity threat.
``(18) Managed service provider.--The term `managed service
provider' means an entity that delivers services, such as network,
application, infrastructure, or security services, via ongoing and
regular support and active administration on the premises of a
customer, in the data center of the entity (such as hosting), or in
a third party data center.
``(19) Monitor.--The term `monitor' means to acquire, identify,
or scan, or to possess, information that is stored on, processed
by, or transiting an information system.
``(20) National cybersecurity asset response activities.--The
term `national cybersecurity asset response activities' means--
``(A) furnishing cybersecurity technical assistance to
entities affected by cybersecurity risks to protect assets,
mitigate vulnerabilities, and reduce impacts of cyber
incidents;
``(B) identifying other entities that may be at risk of an
incident and assessing risk to the same or similar
vulnerabilities;
``(C) assessing potential cybersecurity risks to a sector
or region, including potential cascading effects, and
developing courses of action to mitigate such risks;
``(D) facilitating information sharing and operational
coordination with threat response; and
``(E) providing guidance on how best to utilize Federal
resources and capabilities in a timely, effective manner to
speed recovery from cybersecurity risks.
``(21) National security system.--The term `national security
system' has the meaning given the term in section 11103 of title
40, United States Code.
``(22) Ransomware attack.--The term `ransomware attack'--
``(A) means an incident that includes the use or threat of
use of unauthorized or malicious code on an information system,
or the use or threat of use of another digital mechanism such
as a denial of service attack, to interrupt or disrupt the
operations of an information system or compromise the
confidentiality, availability, or integrity of electronic data
stored on, processed by, or transiting an information system to
extort a demand for a ransom payment; and
``(B) does not include any such event in which the demand
for payment is--
``(i) not genuine; or
``(ii) made in good faith by an entity in response to a
specific request by the owner or operator of the
information system.
``(23) Sector risk management agency.--The term `Sector Risk
Management Agency' means a Federal department or agency, designated
by law or Presidential directive, with responsibility for providing
institutional knowledge and specialized expertise of a sector, as
well as leading, facilitating, or supporting programs and
associated activities of its designated critical infrastructure
sector in the all hazards environment in coordination with the
Department.
``(24) Security control.--The term `security control' means the
management, operational, and technical controls used to protect
against an unauthorized effort to adversely affect the
confidentiality, integrity, and availability of an information
system or its information.
``(25) Security vulnerability.--The term `security
vulnerability' means any attribute of hardware, software, process,
or procedure that could enable or facilitate the defeat of a
security control.
``(26) Sharing.--The term `sharing' (including all conjugations
thereof) means providing, receiving, and disseminating (including
all conjugations of each such terms).
``(27) SLTT entity.--The term `SLTT entity' means a domestic
government entity that is a State government, local government,
Tribal government, territorial government, or any subdivision
thereof.
``(28) Supply chain compromise.--The term `supply chain
compromise' means an incident within the supply chain of an
information system that an adversary can leverage, or does
leverage, to jeopardize the confidentiality, integrity, or
availability of the information system or the information the
system processes, stores, or transmits, and can occur at any point
during the life cycle.''.
(2) Technical and conforming amendments.--The Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 320(d)(3)(C) (6 U.S.C. 195f(d)(3)(C)), by
striking ``section 2201'' and inserting ``section 2200'';
(B) by amending section 2201 (6 U.S.C. 651) to read as
follows:
``SEC. 2201. DEFINITION.
``In this subtitle, the term `Cybersecurity Advisory Committee'
means the advisory committee established under section 2219(a).'';
(C) in section 2202 (6 U.S.C. 652)--
(i) in subsection (a)(1), by striking ``(in this
subtitle referred to as the Agency)'';
(ii) in subsection (b)(1), by striking ``a Director of
Cybersecurity and Infrastructure Security (in this subtitle
referred to as the `Director')'' and inserting ``the
Director''; and
(iii) in subsection (f)--
(I) in paragraph (1), by inserting ``Executive''
before ``Assistant Director'';
(II) in paragraph (2), by inserting ``Executive''
before ``Assistant Director''; and
(III) in paragraph (3), by inserting ``Executive''
before ``Assistant Director'';
(D) in section 2209 (6 U.S.C. 659)--
(i) by striking subsection (a) and inserting the
following:
``(a) Definition.--The term `cybersecurity vulnerability' has the
meaning given the term `security vulnerability' in section 2200.'';
(ii) in subsection (b), by inserting ``Executive''
before ``Assistant Director for Cybersecurity'';
(iii) in subsection (d)(1)--
(I) in subparagraph (A)(iii), by striking ``, as
that term is defined under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 3003(4))''; and
(II) in subparagraph (B)(ii), by striking
``information sharing and analysis organizations'' and
inserting ``Information Sharing and Analysis
Organizations'';
(iv) in subsection (e)(1)(E)(ii)(II), by striking
``information sharing and analysis organizations'' and
inserting ``Information Sharing and Analysis
Organizations'';
(v) in the second subsection (p), by striking ``(p)
Coordination on Cybersecurity for SLTT Entities.--'' and
inserting ``(r) Coordination on Cybersecurity for SLTT
Entities.--''; and
(vi) in the second subsection (q), by striking ``(q)
Report.--'' and inserting ``(s) Report.--'';
(E) in section 2210 (6 U.S.C. 660)--
(i) in subsection (a), by striking ``section--'' and
all that follows and inserting ``section, the term `agency
information system' means an information system used or
operated by an agency or by another entity on behalf of an
agency.'';
(ii) in subsection (c)--
(I) by striking ``information sharing and analysis
organizations (as defined in section 2222(5))'' and
inserting ``Information Sharing and Analysis
Organizations''; and
(II) by striking ``(as defined in section 2209)'';
and
(iii) in subsection (e)--
(I) in paragraph (1)(B), by striking ``(as such
term is defined in section 2209)''; and
(II) in paragraph (3)(C), by striking ``(as such
term is defined in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501))'';
(F) in section 2211 (6 U.S.C. 661), by striking subsection
(h);
(G) in section 2212 (6 U.S.C. 662), by striking
``information sharing and analysis organizations (as defined in
section 2222(5))'' and inserting ``Information Sharing and
Analysis Organizations'';
(H) in section 2213(a) (6 U.S.C. 663(a)), by striking
paragraph (4); and
(I) in section 2216 (6 U.S.C. 665b)--
(i) in subsection (d)(2), by striking ``information
sharing and analysis organizations'' and inserting
``Information Sharing and Analysis Organizations''; and
(ii) in subsection (f), by striking ``section:'' and
all that follows and inserting ``section, the term `cyber
defense operation' means the defensive activities performed
for a cybersecurity purpose.'';
(J) in section 2218(c)(4)(A) (6 U.S.C. 665d(4)(A)), by
striking ``information sharing and analysis organizations'' and
inserting ``Information Sharing and Analysis Organizations'';
(K) in section 2220A (6 U.S.C. 665g)--
(i) in subsection (a)--
(I) by striking paragraphs (1), (2), (5), (6), and
(7); and
(II) by redesignating paragraphs (3), (4), (8),
(9), (10), (11), and (12) as paragraphs (1) through
(7), respectively;
(ii) in subsection (e)(2)(B)(xiv)(II)(aa), by striking
``information sharing and analysis organization'' and
inserting ``Information Sharing and Analysis
Organization'';
(iii) in subsection (p), by striking ``appropriate
committees of Congress'' and inserting ``appropriate
congressional committees''; and
(iv) in subsection (q)(4), in the matter preceding
clause (i), by striking ``appropriate committees of
Congress'' and inserting ``appropriate congressional
committees'';
(L) in section 2220C (6 U.S.C. 665i), by striking
subsection (f) and inserting the following:
``(f) Definition.--In this section, the term `industrial control
system' means an information system used to monitor and/or control
industrial processes such as manufacturing, product handling,
production, and distribution, including supervisory control and data
acquisition (SCADA) systems used to monitor and/or control
geographically dispersed assets, distributed control systems (DCSs),
Human-Machine Interfaces (HMIs), and programmable logic controllers
that control localized processes.'';
(M) in section 2222 (6 U.S.C. 671)--
(i) by striking paragraph (3) and inserting the
following:
``(3) Critical infrastructure information.--The term `critical
infrastructure information' has the meaning given the term in
section 2200.'';
(ii) by striking paragraphs (5) and (8); and
(iii) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively; and
(N) in section 2240 (6 U.S.C. 681)--
(i) by striking paragraph (2);
(ii) by redesignating paragraphs (3) through (7) as
paragraphs (2) through (6);
(iii) in paragraph (6), as so redesignated, by striking
``section 2201'' and inserting ``section 2200'';
(iv) by striking paragraph (8), and inserting the
following:
``(7) Federal entity.--The term `Federal entity' has the
meaning given the term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501).'';
(v) by striking paragraphs (9) through (12), (14),
(15), and (17); and
(vi) by redesignating paragraphs (13), (16), (18), and
(19) as paragraphs (8), (9), (10), and (11), respectively.
(3) Table of contents amendments.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended--
(A) by inserting before the item relating to subtitle A of
title XXII the following:
``Sec. 2200. Definitions.'';
(B) by striking the item relating to section 2201 and
insert the following:
``Sec. 2201. Definition.''; and
(C) by moving the item relating to section 2220D to appear
after the item relating to section 2220C.
(4) Cybersecurity information sharing act of 2015
definitions.--Section 102 of the Cybersecurity Information Sharing
Act of 2015 (6 U.S.C. 1501) is amended--
(A) by striking paragraphs (4) through (7) and inserting
the following:
``(4) Cybersecurity purpose.--The term `cybersecurity purpose'
has the meaning given the term in section 2200 of the Homeland
Security Act of 2002.
``(5) Cybersecurity threat.--The term `cybersecurity threat'
has the meaning given the term in section 2200 of the Homeland
Security Act of 2002.
``(6) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given the term in section 2200 of the
Homeland Security Act of 2002.
``(7) Defensive measure.--The term `defensive measure' has the
meaning given the term in section 2200 of the Homeland Security Act
of 2002.'';
(B) by striking paragraph (9) and inserting the following:
``(9) Information system.--The term `information system' has
the meaning given the term in section 2200 of the Homeland Security
Act of 2002.''.
(C) by striking paragraphs (11), (12), and (13) and
inserting the following:
``(11) Malicious cyber command and control.--The term
`malicious cyber command and control' has the meaning given the
term in section 2200 of the Homeland Security Act of 2002.
``(12) Malicious reconnaissance.--The term `malicious
reconnaissance' has the meaning given the term in section 2200 of
the Homeland Security Act of 2002.
``(13) Monitor.-- The term `monitor' has the meaning given the
term in section 2200 of the Homeland Security Act of 2002.''; and
(D) by striking paragraphs (16) and (17) and inserting the
following:
``(16) Security control.--The term `security control' has the
meaning given the term in section 2200 of the Homeland Security Act
of 2002.
``(17) Security vulnerability.--The term `security
vulnerability' has the meaning given the term in section 2200 of
the Homeland Security Act of 2002.''.
(c) Correction to the Title of the Director of the Cybersecurity
and Infrastructure Security Agency.--The Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is amended--
(1) in section 523 (6 U.S.C. 3211)--
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ``Director of Cybersecurity and Infrastructure
Security'' and inserting ``Director of the Cybersecurity and
Infrastructure Security Agency''; and
(B) in subsection (c), by striking ``Director of
Cybersecurity and Infrastructure Security'' and inserting
``Director of the Cybersecurity and Infrastructure Security
Agency'';
(2) in section 884(d)(4)(A)(ii) (6 U.S.C. 464(d)(4)(A)(ii)), by
striking ``Director of Cybersecurity and Infrastructure Security''
and inserting ``Director of the Cybersecurity and Infrastructure
Security Agency'';
(3) in section 1801(b) (6 U.S.C. 571(b)), in the second and
third sentences, by striking ``Director of Cybersecurity and
Infrastructure Security'' and inserting ``Director of the
Cybersecurity and Infrastructure Security Agency'';
(4) in section 2104(c)(2) (6 U.S.C. 624(c)(2)), by striking
``Director of Cybersecurity and Infrastructure Security'' and
inserting ``Director of the Cybersecurity and Infrastructure
Security Agency'';
(5) in section 2202 (6 U.S.C. 652)--
(A) in subsection (b)(3), by striking ``Director of
Cybersecurity and Infrastructure Security of the Department''
and inserting ``Director of the Cybersecurity and
Infrastructure Security Agency''; and
(B) in subsection (d), in the matter preceding paragraph
(1), by striking ``Director of Cybersecurity and Infrastructure
Security'' and inserting ``Director of the Cybersecurity and
Infrastructure Security Agency'';
(6) in section 2205, in the matter preceding paragraph (1), by
striking ``Director of Cybersecurity and Infrastructure Security''
and inserting ``Director of the Cybersecurity and Infrastructure
Security Agency'';
(7) in section 2206, by striking ``Director of Cybersecurity
and Infrastructure Security'' and inserting ``Director of the
Cybersecurity and Infrastructure Security Agency''; and
(8) in section 2210(c), by striking ``Director of Cybersecurity
and Infrastructure Security'' and inserting ``Director of the
Cybersecurity and Infrastructure Security Agency''.
(d) Additional Technical and Conforming Amendments.--
(1) Federal cybersecurity enhancement act of 2015.--The Federal
Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1521 et seq.) is
amended--
(A) in section 222(4) (6 U.S.C. 1521(4)), by striking
``section 2209'' and inserting ``section 2200''; and
(B) in section 226(a)(2) (6 U.S.C. 1524(a)(2)), by striking
``section 102'' and inserting ``section 2200 of the Homeland
Security Act of 2002''.
(2) Federal power act.--Section 219A(a)(1) of the Federal Power
Act (16 U.S.C. 824s-1(a)(1)) is amended by striking ``section 102
of the Cybersecurity Act of 2015 (6 U.S.C. 1501)'' and inserting
``section 2200 of the Homeland Security Act of 2002''.
(3) Infrastructure investment and jobs act.--Section
40124(a)(1) of the Infrastructure Investment and Jobs Act (42
U.S.C. 18723(a)(1)) is amended by striking ``section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1051)'' and inserting ``section
2200 of the Homeland Security Act of 2002)''.
(4) Public health service act.--Section 2811(b)(4)(D) of the
Public Health Service Act (42 U.S.C. 300hh-10(b)(4)(D)) is amended
by striking ``section 228(c) of the Homeland Security Act of 2002
(6 U.S.C. 149(c))'' and inserting ``section 2210(b) of the Homeland
Security Act of 2002 (6 U.S.C. 660(b))''.
(5) William m. (mac) thornberry national defense authorization
act of fiscal year 2021.--Section 9002 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(6 U.S.C. 652a) is amended--
(A) in subsection (a)--
(i) by striking paragraph (5);
(ii) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively; and
(iii) by amending paragraph (7) to read as follows:
``(7) Sector risk management agency.--The term `Sector Risk
Management Agency' has the meaning given the term in section 2200
of the Homeland Security Act of 2002.'';
(B) in subsection (c)(3)(B), by striking ``given such term
in section 2201(5) (6 U.S.C. 651(5))'' and inserting ``given
such term in section 2200''; and
(C) in subsection (d), by striking ``section 2215 of the
Homeland Security Act of 2002, as added by this section'' and
inserting ``section 2218 of the Homeland Security Act of 2002
(6 U.S.C. 665d)''.
(6) National security act of 1947.--Section 113B(b)(4) of the
National Security Act of 1947 (50 U.S.C. 3049a(b)(4)) is amended by
striking section ``226 of the Homeland Security Act of 2002 (6
U.S.C. 147)'' and inserting ``section 2208 of the Homeland Security
Act of 2002 (6 U.S.C. 658)''.
(7) National defense authorization act for fiscal year 2020.--
Section 6503(a)(3) of the National Defense Authorization Act for
Fiscal Year 2020 (50 U.S.C. 3371a(a)(3)) is amended by striking
``section 102 of the Cybersecurity Information Sharing Act of 2015
(6 U.S.C. 1501)'' and inserting ``section 2200 of the Homeland
Security Act of 2002''.
(8) IoT cybersecurity improvement act of 2020.--Section 3(8) of
the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g-
3a(8)) is amended by striking ``section 102(17) of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501(17))''
and inserting ``section 2200 of the Homeland Security Act of
2002''.
(9) Small business act.--Section 21(a)(8)(B) of the Small
Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking
``section 2209(a)'' and inserting ``section 2200''.
(10) Title 46.--Section 70101(2) of title 46, United States
Code, is amended by striking ``section 227 of the Homeland Security
Act of 2002 (6 U.S.C. 148)'' and inserting ``section 2200 of the
Homeland Security Act of 2002''.
(e) Clarifying and Technical Amendments to the Cyber Incident
Reporting for Critical Infrastructure Act of 2022.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 2243(6 U.S.C. 681c), by striking subsection (c)
and inserting the following:
``(c) Application of Section 2245.--Section 2245 shall apply in the
same manner and to the same extent to reports and information submitted
under subsections (a) and (b) as it applies to reports and information
submitted under section 2242.''; and
(2) in section 2244(b)(2) (6 U.S.C. 681d(b)(2)), by inserting
``including that section 2245 shall apply to such information in
the same manner and to the same extent to information submitted in
response to requests under paragraph (1) as it applies to
information submitted under section 2242''after ``section 2242''.
(f) Rule of Construction.--
(1) Interpretation of technical corrections.--Nothing in the
amendments made by subsections (a) through (d) shall be construed
to alter the authorities, responsibilities, functions, or
activities of any agency (as such term is defined in section 3502
of title 44, United States Code) or officer or employee of the
United States on or before the date of enactment of this Act.
(2) Interpretation of references to definitions.--Any reference
to a term defined in the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.) on the day before the date of enactment of this Act
that is defined in section 2200 of that Act pursuant to the
amendments made under this Act shall be deemed to be a reference to
that term as defined in section 2200 of the Homeland Security Act
of 2002, as added by this Act.
TITLE LXXII--GOVERNMENTAL AFFAIRS
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A--Improving Government for America's Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority
recommendations.
Subtitle B--Advancing American AI Act
Sec. 7221. Short title.
Sec. 7222. Purposes.
Sec. 7223. Definitions.
Sec. 7224. Principles and policies for use of artificial intelligence in
Government.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial
intelligence capabilities to demonstrate modernization
activities related to use cases.
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Subtitle C--Strategic EV Management
Sec. 7231. Short Title.
Sec. 7232. Definitions.
Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D--Congressionally Mandated Reports
Sec. 7241. Short title.
Sec. 7242. Definitions.
Sec. 7243. Establishment of online portal for congressionally mandated
reports.
Sec. 7244. Federal agency responsibilities.
Sec. 7245. Changing or removing reports.
Sec. 7246. Withholding of information.
Sec. 7247. Implementation.
Sec. 7248. Determination of budgetary effects.
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
SEC. 7201. REQUIREMENT FOR INFORMATION SHARING AGREEMENTS.
(a) Short Title.--This section may be cited as the
``Intragovernmental Cybersecurity and Counterintelligence Information
Sharing Act''.
(b) Findings.--Congress finds the following:
(1) The legislative branch, as a separate and equal branch of
the United States Government, is a target of adversary cyber actors
and intelligence services.
(2) The legislative branch relies on the executive branch to
provide timely and urgent tactical and operational information to
ensure that Congress can protect the constitutional officers,
personnel, and facilities of Congress and the institution of
Congress more broadly.
(3) The legislative branch currently is not receiving this
information in a timely manner nor as a matter of course.
(c) Definitions.--In this section--
(1) the term ``congressional leadership'' means--
(A) the Majority and Minority Leader of the Senate with
respect to an agreement with the Sergeant at Arms and
Doorkeeper of the Senate or the Secretary of the Senate; and
(B) the Speaker and Minority Leader of the House of
Representatives with respect to an agreement with the Chief
Administrative Officer of the House of Representatives or the
Sergeant at Arms of the House of Representatives; and
(2) the terms ``cybersecurity threat'' and ``security
vulnerability'' have the meanings given those terms in section 2200
of the Homeland Security Act of 2002, as added by section 5171 of
this division.
(d) Requirement.--
(1) Designation.--
(A) In general.--Not later than 30 days after the date of
enactment of this Act, the President shall designate--
(i) an individual appointed by the President, by and
with the advice and consent of the Senate, to serve as a
single point of contact to the legislative branch on
matters related to tactical and operational cybersecurity
threats and security vulnerabilities; and
(ii) an individual appointed by the President, by and
with the advice and consent of the Senate, to serve as a
single point of contact to the legislative branch on
matters related to tactical and operational
counterintelligence.
(B) Coordination.--The individuals designated by the
President under subparagraph (A) shall coordinate with
appropriate Executive agencies (as defined in section 105 of
title 5, United States Code, including the Executive Office of
the President) and appropriate officers in the executive branch
in entering any agreement described in paragraph (2).
(2) Information sharing agreements.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the individuals designated by the
President under paragraph (1)(A) shall enter into 1 or more
information sharing agreements with--
(i) the Sergeant at Arms and Doorkeeper of the Senate
with respect to cybersecurity information sharing, subject
to the approval of congressional leadership and in
consultation with the chairman and the ranking minority
member of the Committee on Rules and Administration of the
Senate;
(ii) the Secretary of the Senate with respect to
counterintelligence information sharing, subject to the
approval of congressional leadership and in consultation
with the chairman and ranking minority member of the
Committee on Rules and Administration of the Senate;
(iii) the Chief Administrative Officer of the House of
Representatives with respect to cybersecurity information
sharing, subject to the approval of the chair of the
Committee on House Administration of the House of
Representatives and in consultation with the ranking
minority member of the committee and congressional
leadership; and
(iv) the Sergeant at Arms of the House of
Representatives with respect to counterintelligence
information sharing, subject to the approval of the chair
of the Committee on House Administration of the House of
Representatives and in consultation with the ranking
minority member of the committee and congressional
leadership.
(B) Purpose.--The agreements described in subparagraph (A)
shall establish procedures for timely sharing of tactical and
operational cybersecurity threat and security vulnerability
information and planned or ongoing counterintelligence
operations or targeted collection efforts with the legislative
branch.
(3) Implementation.--Not less frequently than semiannually
during the 3-year period beginning on the date of enactment of this
Act, the individuals designated by the President under paragraph
(1)(A) shall meet with the officers referenced in clauses (i),
(ii), (iii), and (iv) of paragraph (2)(A), the chairman and ranking
minority member of the Committee on Homeland Security and
Governmental Affairs of the Senate, with respect to an agreement
with the Sergeant at Arms and Doorkeeper of the Senate, and the
chair and ranking minority member of the Committee on Oversight and
Reform of the House of Representatives, with respect to an
agreement with the Chief Administrative Officer of the House of
Representatives or the Sergeant at Arms of the House of
Representatives, to ensure the agreements with such officers are
being implemented in a manner consistent with applicable laws,
including this Act.
(e) Elements.--
(1) In general.--The parties to an information sharing
agreement under subsection (d)(2) shall jointly develop such
elements of the agreement as the parties find appropriate, which--
(A) with respect to an agreement covered by subsection
(d)(2)(A)(i) or (ii), shall, at a minimum, include the
applicable elements specified in paragraph (2); and
(B) with respect to an agreement covered by subsection
(d)(2)(A)(iii) or (iv), may include the applicable elements
specified in paragraph (2).
(2) Elements specified.--The elements specified in this
paragraph are--
(A) direct and timely sharing of technical indicators and
contextual information on cyber threats and security
vulnerabilities, and the means for such sharing;
(B) direct and timely sharing of counterintelligence
threats and vulnerabilities, including trends of
counterintelligence activity, and the means for such sharing;
(C) identification, by position, of the officials at the
operational and tactical level responsible for daily management
of the agreement;
(D) the ability to seat cybersecurity personnel of the
Office of the Sergeant at Arms and Doorkeeper of the Senate or
the Office of the Chief Administrative Officer of the House of
Representatives at cybersecurity operations centers within the
executive branch; and
(E) any other elements the parties find appropriate.
Subtitle A--Improving Government for America's Taxpayers
SEC. 7211. GOVERNMENT ACCOUNTABILITY OFFICE UNIMPLEMENTED PRIORITY
RECOMMENDATIONS.
(a) In General.--The Comptroller General of the United States
shall, as part of the Comptroller General's annual reporting to
committees of Congress--
(1) consolidate Matters for Congressional Consideration from
the Government Accountability Office in one report organized by
policy topic that includes the amount of time such Matters have
been unimplemented and submit such report to congressional
leadership and the oversight committees of each House;
(2) with respect to the annual letters sent by the Comptroller
General to individual agency heads and relevant congressional
committees on the status of unimplemented priority recommendations,
identify any additional congressional oversight actions that can
help agencies implement such priority recommendations and address
any underlying issues relating to such implementation;
(3) make publicly available the information described in
paragraphs (1) and (2); and
(4) publish any known costs of unimplemented priority
recommendations, if applicable.
(b) Rule of Construction.--Nothing in this section shall be
construed to require reporting relating to unimplemented priority
recommendations or any other report, recommendation, information, or
item relating to any element of the intelligence community, as defined
in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Subtitle B--Advancing American AI Act
SEC. 7221. SHORT TITLE.
This subtitle may be cited as the ``Advancing American AI Act''.
SEC. 7222. PURPOSES.
The purposes of this subtitle are to--
(1) encourage agency artificial intelligence-related programs
and initiatives that enhance the competitiveness of the United
States and foster an approach to artificial intelligence that
builds on the strengths of the United States in innovation and
entrepreneurialism;
(2) enhance the ability of the Federal Government to translate
research advances into artificial intelligence applications to
modernize systems and assist agency leaders in fulfilling their
missions;
(3) promote adoption of modernized business practices and
advanced technologies across the Federal Government that align with
the values of the United States, including the protection of
privacy, civil rights, and civil liberties; and
(4) test and harness applied artificial intelligence to enhance
mission effectiveness, agency program integrity, and business
practice efficiency.
SEC. 7223. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the term
in section 3502 of title 44, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Reform of the House of
Representatives; and
(C) the Committee on Homeland Security of the House of
Representatives.
(3) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section 238(g) of
the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (10 U.S.C. 2358 note).
(4) Artificial intelligence system.--The term ``artificial
intelligence system''--
(A) means any data system, software, application, tool, or
utility that operates in whole or in part using dynamic or
static machine learning algorithms or other forms of artificial
intelligence, whether--
(i) the data system, software, application, tool, or
utility is established primarily for the purpose of
researching, developing, or implementing artificial
intelligence technology; or
(ii) artificial intelligence capability is integrated
into another system or agency business process, operational
activity, or technology system; and
(B) does not include any common commercial product within
which artificial intelligence is embedded, such as a word
processor or map navigation system.
(5) Department.--The term ``Department'' means the Department
of Homeland Security.
(6) Director.--The term ``Director'' means the Director of the
Office of Management and Budget.
SEC. 7224. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE
IN GOVERNMENT.
(a) Guidance.--The Director shall, when developing the guidance
required under section 104(a) of the AI in Government Act of 2020
(title I of division U of Public Law 116-260), consider--
(1) the considerations and recommended practices identified by
the National Security Commission on Artificial Intelligence in the
report entitled ``Key Considerations for the Responsible
Development and Fielding of AI'', as updated in April 2021;
(2) the principles articulated in Executive Order 13960 (85
Fed. Reg. 78939; relating to promoting the use of trustworthy
artificial intelligence in Government); and
(3) the input of--
(A) the Administrator of General Services;
(B) relevant interagency councils, such as the Federal
Privacy Council, the Chief Financial Officers Council, the
Chief Information Officers Council, and the Chief Data Officers
Council;
(C) other governmental and nongovernmental privacy, civil
rights, and civil liberties experts;
(D) academia;
(E) industry technology and data science experts; and
(F) any other individual or entity the Director determines
to be appropriate.
(b) Department Policies and Processes for Procurement and Use of
Artificial Intelligence-enabled Systems.--Not later than 180 days after
the date of enactment of this Act--
(1) the Secretary of Homeland Security, with the participation
of the Chief Procurement Officer, the Chief Information Officer,
the Chief Privacy Officer, and the Officer for Civil Rights and
Civil Liberties of the Department and any other person determined
to be relevant by the Secretary of Homeland Security, shall issue
policies and procedures for the Department related to--
(A) the acquisition and use of artificial intelligence; and
(B) considerations for the risks and impacts related to
artificial intelligence-enabled systems, including associated
data of machine learning systems, to ensure that full
consideration is given to--
(i) the privacy, civil rights, and civil liberties
impacts of artificial intelligence-enabled systems; and
(ii) security against misuse, degradation, or rending
inoperable of artificial intelligence-enabled systems; and
(2) the Chief Privacy Officer and the Officer for Civil Rights
and Civil Liberties of the Department shall report to Congress on
any additional staffing or funding resources that may be required
to carry out the requirements of this subsection.
(c) Inspector General.--Not later than 180 days after the date of
enactment of this Act, the Inspector General of the Department shall
identify any training and investments needed to enable employees of the
Office of the Inspector General to continually advance their
understanding of--
(1) artificial intelligence systems;
(2) best practices for governance, oversight, and audits of the
use of artificial intelligence systems; and
(3) how the Office of the Inspector General is using artificial
intelligence to enhance audit and investigative capabilities,
including actions to--
(A) ensure the integrity of audit and investigative
results; and
(B) guard against bias in the selection and conduct of
audits and investigations.
(d) Artificial Intelligence Hygiene and Protection of Government
Information, Privacy, Civil Rights, and Civil Liberties.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Director, in consultation with a working
group consisting of members selected by the Director from
appropriate interagency councils, shall develop an initial means by
which to--
(A) ensure that contracts for the acquisition of an
artificial intelligence system or service--
(i) align with the guidance issued to the head of each
agency under section 104(a) of the AI in Government Act of
2020 (title I of division U of Public Law 116-260);
(ii) address protection of privacy, civil rights, and
civil liberties;
(iii) address the ownership and security of data and
other information created, used, processed, stored,
maintained, disseminated, disclosed, or disposed of by a
contractor or subcontractor on behalf of the Federal
Government; and
(iv) include considerations for securing the training
data, algorithms, and other components of any artificial
intelligence system against misuse, unauthorized
alteration, degradation, or rendering inoperable; and
(B) address any other issue or concern determined to be
relevant by the Director to ensure appropriate use and
protection of privacy and Government data and other
information.
(2) Consultation.--In developing the considerations under
paragraph (1)(A)(iv), the Director shall consult with the Secretary
of Homeland Security, the Secretary of Energy, the Director of the
National Institute of Standards and Technology, and the Director of
National Intelligence.
(3) Review.--The Director--
(A) should continuously update the means developed under
paragraph (1); and
(B) not later than 2 years after the date of enactment of
this Act and not less frequently than every 2 years thereafter,
shall update the means developed under paragraph (1).
(4) Briefing.--The Director shall brief the appropriate
congressional committees--
(A) not later than 90 days after the date of enactment of
this Act and thereafter on a quarterly basis until the Director
first implements the means developed under paragraph (1); and
(B) annually thereafter on the implementation of this
subsection.
(5) Sunset.--This subsection shall cease to be effective on the
date that is 5 years after the date of enactment of this Act.
SEC. 7225. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE CASES.
(a) Inventory.--Not later than 60 days after the date of enactment
of this Act, and continuously thereafter for a period of 5 years, the
Director, in consultation with the Chief Information Officers Council,
the Chief Data Officers Council, and other interagency bodies as
determined to be appropriate by the Director, shall require the head of
each agency to--
(1) prepare and maintain an inventory of the artificial
intelligence use cases of the agency, including current and planned
uses;
(2) share agency inventories with other agencies, to the extent
practicable and consistent with applicable law and policy,
including those concerning protection of privacy and of sensitive
law enforcement, national security, and other protected
information; and
(3) make agency inventories available to the public, in a
manner determined by the Director, and to the extent practicable
and in accordance with applicable law and policy, including those
concerning the protection of privacy and of sensitive law
enforcement, national security, and other protected information.
(b) Central Inventory.--The Director is encouraged to designate a
host entity and ensure the creation and maintenance of an online public
directory to--
(1) make agency artificial intelligence use case information
available to the public and those wishing to do business with the
Federal Government; and
(2) identify common use cases across agencies.
(c) Sharing.--The sharing of agency inventories described in
subsection (a)(2) may be coordinated through the Chief Information
Officers Council, the Chief Data Officers Council, the Chief Financial
Officers Council, the Chief Acquisition Officers Council, or other
interagency bodies to improve interagency coordination and information
sharing for common use cases.
(d) Department of Defense.--Nothing in this section shall apply to
the Department of Defense.
SEC. 7226. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED ARTIFICIAL
INTELLIGENCE CAPABILITIES TO DEMONSTRATE MODERNIZATION ACTIVITIES
RELATED TO USE CASES.
(a) Identification of Use Cases.--Not later than 270 days after the
date of enactment of this Act, the Director, in consultation with the
Chief Information Officers Council, the Chief Data Officers Council,
the Chief Financial Officers Council, and other interagency bodies as
determined to be appropriate by the Director, shall identify 4 new use
cases for the application of artificial intelligence-enabled systems to
support interagency or intra-agency modernization initiatives that
require linking multiple siloed internal and external data sources,
consistent with applicable laws and policies, including those relating
to the protection of privacy and of sensitive law enforcement, national
security, and other protected information.
(b) Pilot Program.--
(1) Purposes.--The purposes of the pilot program under this
subsection include--
(A) to enable agencies to operate across organizational
boundaries, coordinating between existing established programs
and silos to improve delivery of the agency mission;
(B) to demonstrate the circumstances under which artificial
intelligence can be used to modernize or assist in modernizing
legacy agency systems; and
(C) to leverage commercially available artificial
intelligence technologies that--
(i) operate in secure cloud environments that can
deploy rapidly without the need to replace existing
systems; and
(ii) do not require extensive staff or training to
build.
(2) Deployment and pilot.--Not later than 1 year after the date
of enactment of this Act, the Director, in coordination with the
heads of relevant agencies and Federal entities, including the
Administrator of General Services, the Bureau of Fiscal Service of
the Department of the Treasury, the Council of the Inspectors
General on Integrity and Efficiency, and the Pandemic Response
Accountability Committee, and other officials as the Director
determines to be appropriate, shall ensure the initiation of the
piloting of the 4 new artificial intelligence use case applications
identified under subsection (a), leveraging commercially available
technologies and systems to demonstrate scalable artificial
intelligence-enabled capabilities to support the use cases
identified under subsection (a).
(3) Risk evaluation and mitigation plan.--In carrying out
paragraph (2), the Director shall require the heads of agencies
to--
(A) evaluate risks in utilizing artificial intelligence
systems; and
(B) develop a risk mitigation plan to address those risks,
including consideration of--
(i) the artificial intelligence system not performing
as expected or as designed;
(ii) the quality and relevancy of the data resources
used in the training of the algorithms used in an
artificial intelligence system;
(iii) the processes for training and testing,
evaluating, validating, and modifying an artificial
intelligence system; and
(iv) the vulnerability of a utilized artificial
intelligence system to unauthorized manipulation or misuse,
including the use of data resources that substantially
differ from the training data.
(4) Prioritization.--In carrying out paragraph (2), the
Director shall prioritize modernization projects that--
(A) would benefit from commercially available privacy-
preserving techniques, such as use of differential privacy,
federated learning, and secure multiparty computing; and
(B) otherwise take into account considerations of civil
rights and civil liberties.
(5) Privacy protections.--In carrying out paragraph (2), the
Director shall require the heads of agencies to use privacy-
preserving techniques when feasible, such as differential privacy,
federated learning, and secure multiparty computing, to mitigate
any risks to individual privacy or national security created by a
project or data linkage.
(6) Use case modernization application areas.--Use case
modernization application areas described in paragraph (2) shall
include not less than 1 from each of the following categories:
(A) Applied artificial intelligence to drive agency
productivity efficiencies in predictive supply chain and
logistics, such as--
(i) predictive food demand and optimized supply;
(ii) predictive medical supplies and equipment demand
and optimized supply; or
(iii) predictive logistics to accelerate disaster
preparedness, response, and recovery.
(B) Applied artificial intelligence to accelerate agency
investment return and address mission-oriented challenges, such
as--
(i) applied artificial intelligence portfolio
management for agencies;
(ii) workforce development and upskilling;
(iii) redundant and laborious analyses;
(iv) determining compliance with Government
requirements, such as with Federal financial management and
grants management, including implementation of chapter 64
of subtitle V of title 31, United States Code;
(v) addressing fraud, waste, and abuse in agency
programs and mitigating improper payments; or
(vi) outcomes measurement to measure economic and
social benefits.
(7) Requirements.--Not later than 3 years after the date of
enactment of this Act, the Director, in coordination with the heads
of relevant agencies and other officials as the Director determines
to be appropriate, shall establish an artificial intelligence
capability within each of the 4 use case pilots under this
subsection that--
(A) solves data access and usability issues with automated
technology and eliminates or minimizes the need for manual data
cleansing and harmonization efforts;
(B) continuously and automatically ingests data and updates
domain models in near real-time to help identify new patterns
and predict trends, to the extent possible, to help agency
personnel to make better decisions and take faster actions;
(C) organizes data for meaningful data visualization and
analysis so the Government has predictive transparency for
situational awareness to improve use case outcomes;
(D) is rapidly configurable to support multiple
applications and automatically adapts to dynamic conditions and
evolving use case requirements, to the extent possible;
(E) enables knowledge transfer and collaboration across
agencies; and
(F) preserves intellectual property rights to the data and
output for benefit of the Federal Government and agencies and
protects sensitive personally identifiable information.
(c) Briefing.--Not earlier than 270 days but not later than 1 year
after the date of enactment of this Act, and annually thereafter for 4
years, the Director shall brief the appropriate congressional
committees on the activities carried out under this section and results
of those activities.
(d) Sunset.--The section shall cease to be effective on the date
that is 5 years after the date of enactment of this Act.
SEC. 7227. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.
(a) Innovative Commercial Items.--Section 880 of the National
Defense Authorization Act for Fiscal Year 2017 (41 U.S.C. 3301 note) is
amended--
(1) in subsection (c), by striking $10,000,000'' and inserting
``$25,000,000'';
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section--
``(1) the term `commercial product'--
``(A) has the meaning given the term `commercial item' in
section 2.101 of the Federal Acquisition Regulation; and
``(B) includes a commercial product or a commercial
service, as defined in sections 103 and 103a, respectively, of
title 41, United States Code; and
``(2) the term `innovative' means--
``(A) any new technology, process, or method, including
research and development; or
``(B) any new application of an existing technology,
process, or method.''; and
(3) in subsection (g), by striking ``2022'' and insert
``2027''.
(b) DHS Other Transaction Authority.--Section 831 of the Homeland
Security Act of 2002 (6 U.S.C. 391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``September 30, 2017'' and inserting ``September 30, 2024'';
and
(B) by amending paragraph (2) to read as follows:
``(2) Prototype projects.--The Secretary--
``(A) may, under the authority of paragraph (1), carry out
prototype projects under section 4022 of title 10, United
States Code; and
``(B) in applying the authorities of such section 4022, the
Secretary shall perform the functions of the Secretary of
Defense as prescribed in such section.'';
(2) in subsection (c)(1), by striking ``September 30, 2017''
and inserting ``September 30, 2024''; and
(3) in subsection (d), by striking ``section 845(e)'' and all
that follows and inserting ``section 4022(e) of title 10, United
States Code.''.
(c) Commercial Off the Shelf Supply Chain Risk Management Tools.--
(1) In general.--The General Services Administration is
encouraged to pilot commercial off the shelf supply chain risk
management tools to improve the ability of the Federal Government
to characterize, monitor, predict, and respond to specific supply
chain threats and vulnerabilities that could inhibit future Federal
acquisition operations.
(2) Consultation.--In carrying out this subsection, the General
Services Administration shall consult with the Federal Acquisition
Security Council established under section 1322 of title 41, United
States Code.
SEC. 7228. INTELLIGENCE COMMUNITY EXCEPTION.
Nothing in this subtitle shall apply to any element of the
intelligence community, as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
Subtitle C--Strategic EV Management
SEC. 7231. SHORT TITLE.
This subtitle may be cited as the ``Strategic EV Management Act of
2022''.
SEC. 7232. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Agency.--The term ``agency'' has the meaning given the term
in section 551 of title 5, United States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Reform of the House of
Representatives;
(C) the Committee on Environment and Public Works of the
Senate;
(D) the Committee on Energy and Natural Resources of the
Senate;
(E) the Committee on Energy and Commerce of the House of
Representatives;
(F) the Committee on Appropriations of the Senate; and
(G) the Committee on Appropriations of the House of
Representatives.
(4) Director.--The term ``Director'' means the Director of the
Office of Management and Budget.
SEC. 7233. STRATEGIC GUIDANCE.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator, in consultation with the Director,
shall coordinate with the heads of agencies to develop a comprehensive,
strategic plan for Federal electric vehicle fleet battery management.
(b) Contents.--The strategic plan required under subsection (a)
shall--
(1) maximize both cost and environmental efficiencies; and
(2) incorporate--
(A) guidelines for optimal charging practices that will
maximize battery longevity and prevent premature degradation;
(B) guidelines for reusing and recycling the batteries of
retired vehicles;
(C) guidelines for disposing electric vehicle batteries
that cannot be reused or recycled; and
(D) any other considerations determined appropriate by the
Administrator and Director.
(c) Modification.--The Administrator, in consultation with the
Director, may periodically update the strategic plan required under
subsection (a) as the Administrator and Director may determine
necessary based on new information relating to electric vehicle
batteries that becomes available.
(d) Consultation.--In developing the strategic plan required under
subsection (a) the Administrator, in consultation with the Director,
may consult with appropriate entities, including--
(1) the Secretary of Energy;
(2) the Administrator of the Environmental Protection Agency;
(3) the Chair of the Council on Environmental Quality;
(4) scientists who are studying electric vehicle batteries and
reuse and recycling solutions;
(5) laboratories, companies, colleges, universities, or start-
ups engaged in battery use, reuse, and recycling research;
(6) industries interested in electric vehicle battery reuse and
recycling;
(7) electric vehicle equipment manufacturers and recyclers; and
(8) any other relevant entities, as determined by the
Administrator and Director.
(e) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator and the Director shall
submit to the appropriate congressional committees a report that
describes the strategic plan required under subsection (a).
(2) Briefing.--Not later than 4 years after the date of
enactment of this Act, the Administrator and the Director shall
brief the appropriate congressional committees on the
implementation of the strategic plan required under subsection (a)
across agencies.
SEC. 7234. STUDY OF FEDERAL FLEET VEHICLES.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report on how the costs and benefits of operating and maintaining
electric vehicles in the Federal fleet compare to the costs and
benefits of operating and maintaining internal combustion engine
vehicles.
Subtitle D--Congressionally Mandated Reports
SEC. 7241. SHORT TITLE.
This subtitle may be cited as the ``Access to Congressionally
Mandated Reports Act''.
SEC. 7242. DEFINITIONS.
In this subtitle:
(1) Congressional leadership.--The term ``congressional
leadership'' means the Speaker, majority leader, and minority
leader of the House of Representatives and the majority leader and
minority leader of the Senate.
(2) Congressionally mandated report.--
(A) In general.--The term ``congressionally mandated
report'' means a report of a Federal agency that is required by
statute to be submitted to either House of Congress or any
committee of Congress or subcommittee thereof.
(B) Exclusions.--
(i) Patriotic and national organizations.--The term
``congressionally mandated report'' does not include a
report required under part B of subtitle II of title 36,
United States Code.
(ii) Inspectors general.--The term ``congressionally
mandated report'' does not include a report by an office of
an inspector general.
(iii) National security exception.--The term
``congressionally mandated report'' does not include a
report that is required to be submitted to one or more of
the following committees:
(I) The Select Committee on Intelligence, the
Committee on Armed Services, the Committee on
Appropriations, or the Committee on Foreign Relations
of the Senate.
(II) The Permanent Select Committee on
Intelligence, the Committee on Armed Services, the
Committee on Appropriations, or the Committee on
Foreign Affairs of the House of Representatives.
(3) Director.--The term ``Director'' means the Director of the
Government Publishing Office.
(4) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``federal agency'' under section 102 of
title 40, United States Code, but does not include the Government
Accountability Office or an element of the intelligence community.
(5) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(6) Reports online portal.--The term ``reports online portal''
means the online portal established under section 5243(a).
SEC. 7243. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY MANDATED
REPORTS.
(a) Requirement To Establish Online Portal.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish and maintain an
online portal accessible by the public that allows the public to
obtain electronic copies of congressionally mandated reports in one
place.
(2) Existing functionality.--To the extent possible, the
Director shall meet the requirements under paragraph (1) by using
existing online portals and functionality under the authority of
the Director in consultation with the Director of National
Intelligence.
(3) Consultation.--In carrying out this subtitle, the Director
shall consult with congressional leadership, the Clerk of the House
of Representatives, the Secretary of the Senate, and the Librarian
of Congress regarding the requirements for and maintenance of
congressionally mandated reports on the reports online portal.
(b) Content and Function.--The Director shall ensure that the
reports online portal includes the following:
(1) Subject to subsection (c), with respect to each
congressionally mandated report, each of the following:
(A) A citation to the statute requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, that--
(i) is based on an underlying open data standard that
is maintained by a standards organization;
(ii) allows the full text of the report to be
searchable; and
(iii) is not encumbered by any restrictions that would
impede the reuse or searchability of the report.
(C) The ability to retrieve a report, to the extent
practicable, through searches based on each, and any
combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee or subcommittee
receiving the report, if applicable.
(v) The statute requiring the report.
(vi) Subject tags.
(vii) A unique alphanumeric identifier for the report
that is consistent across report editions.
(viii) The serial number, Superintendent of Documents
number, or other identification number for the report, if
applicable.
(ix) Key words.
(x) Full text search.
(xi) Any other relevant information specified by the
Director.
(D) The date on which the report was required to be
submitted, and on which the report was submitted, to the
reports online portal.
(E) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally mandated
reports.
(3) A means for downloading individual reports as the result of
a search.
(4) An electronic means for the head of each Federal agency to
submit to the reports online portal each congressionally mandated
report of the agency, as required by sections 5244 and 5246.
(5) In tabular form, a list of all congressionally mandated
reports that can be searched, sorted, and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such reports
were required to be submitted; and
(C) to the extent practicable, reports not submitted.
(c) Noncompliance by Federal Agencies.--
(1) Reports not submitted.--If a Federal agency does not submit
a congressionally mandated report to the Director, the Director
shall to the extent practicable--
(A) include on the reports online portal--
(i) the information required under clauses (i), (ii),
(iv), and (v) of subsection (b)(1)(C); and
(ii) the date on which the report was required to be
submitted; and
(B) include the congressionally mandated report on the list
described in subsection (b)(5)(C).
(2) Reports not in open format.--If a Federal agency submits a
congressionally mandated report that does not meet the criteria
described in subsection (b)(1)(B), the Director shall still include
the congressionally mandated report on the reports online portal.
(d) Deadline.--The Director shall ensure that information required
to be published on the reports online portal under this subtitle with
respect to a congressionally mandated report or information required
under subsection (c) of this section is published--
(1) not later than 30 days after the information is received
from the Federal agency involved; or
(2) in the case of information required under subsection (c),
not later than 30 days after the deadline under this subtitle for
the Federal agency involved to submit information with respect to
the congressionally mandated report involved.
(e) Exception for Certain Reports.--
(1) Exception described.--A congressionally mandated report
which is required by statute to be submitted to a committee of
Congress or a subcommittee thereof, including any transmittal
letter associated with the report, shall not be submitted to or
published on the reports online portal if the chair of a committee
or subcommittee to which the report is submitted notifies the
Director in writing that the report is to be withheld from
submission and publication under this subtitle.
(2) Notice on portal.--If a report is withheld from submission
to or publication on the reports online portal under paragraph (1),
the Director shall post on the portal--
(A) a statement that the report is withheld at the request
of a committee or subcommittee involved; and
(B) the written notification provided by the chair of the
committee or subcommittee specified in paragraph (1).
(f) Free Access.--The Director may not charge a fee, require
registration, or impose any other limitation in exchange for access to
the reports online portal.
(g) Upgrade Capability.--The reports online portal shall be
enhanced and updated as necessary to carry out the purposes of this
subtitle.
(h) Submission to Congress.--The submission of a congressionally
mandated report to the reports online portal pursuant to this subtitle
shall not be construed to satisfy any requirement to submit the
congressionally mandated report to Congress, or a committee or
subcommittee thereof.
SEC. 7244. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--Not earlier than
30 days or later than 60 days after the date on which a congressionally
mandated report is submitted to either House of Congress or to any
committee of Congress or subcommittee thereof, the head of the Federal
agency submitting the congressionally mandated report shall submit to
the Director the information required under subparagraphs (A) through
(D) of section 5243(b)(1) with respect to the congressionally mandated
report. Notwithstanding section 5246, nothing in this subtitle shall
relieve a Federal agency of any other requirement to publish the
congressionally mandated report on the online portal of the Federal
agency or otherwise submit the congressionally mandated report to
Congress or specific committees of Congress, or subcommittees thereof.
(b) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Director of the Office of Management and Budget, in
consultation with the Director, shall issue guidance to agencies on the
implementation of this subtitle.
(c) Structure of Submitted Report Data.--The head of each Federal
agency shall ensure that each congressionally mandated report submitted
to the Director complies with the guidance on the implementation of
this subtitle issued by the Director of the Office of Management and
Budget under subsection (b).
(d) Point of Contact.--The head of each Federal agency shall
designate a point of contact for congressionally mandated reports.
(e) Requirement for Submission.--The Director shall not publish any
report through the reports online portal that is received from anyone
other than the head of the applicable Federal agency, or an officer or
employee of the Federal agency specifically designated by the head of
the Federal agency.
SEC. 7245. CHANGING OR REMOVING REPORTS.
(a) Limitation on Authority To Change or Remove Reports.--Except as
provided in subsection (b), the head of the Federal agency concerned
may change or remove a congressionally mandated report submitted to be
published on the reports online portal only if--
(1) the head of the Federal agency consults with each committee
of Congress or subcommittee thereof to which the report is required
to be submitted (or, in the case of a report which is not required
to be submitted to a particular committee of Congress or
subcommittee thereof, to each committee with jurisdiction over the
agency, as determined by the head of the agency in consultation
with the Speaker of the House of Representatives and the President
pro tempore of the Senate) prior to changing or removing the
report; and
(2) a joint resolution is enacted to authorize the change in or
removal of the report.
(b) Exceptions.--Notwithstanding subsection (a), the head of the
Federal agency concerned--
(1) may make technical changes to a report submitted to or
published on the reports online portal;
(2) may remove a report from the reports online portal if the
report was submitted to or published on the reports online portal
in error; and
(3) may withhold information, records, or reports from
publication on the reports online portal in accordance with section
5246.
SEC. 7246. WITHHOLDING OF INFORMATION.
(a) In General.--Nothing in this subtitle shall be construed to--
(1) require the disclosure of information, records, or reports
that are exempt from public disclosure under section 552 of title
5, United States Code, or that are required to be withheld under
section 552a of title 5, United States Code; or
(2) impose any affirmative duty on the Director to review
congressionally mandated reports submitted for publication to the
reports online portal for the purpose of identifying and redacting
such information or records.
(b) Withholding of Information.--
(1) In general.--Consistent with subsection (a)(1), the head of
a Federal agency may withhold from the Director, and from
publication on the reports online portal, any information, records,
or reports that are exempt from public disclosure under section 552
of title 5, United States Code, or that are required to be withheld
under section 552a of title 5, United States Code.
(2) National security.--Nothing in this subtitle shall be
construed to require the publication, on the reports online portal
or otherwise, of any report containing information that is
classified, the public release of which could have a harmful effect
on national security, or that is otherwise prohibited.
(3) Law enforcement sensitive.--Nothing in this subtitle shall
be construed to require the publication on the reports online
portal or otherwise of any congressionally mandated report--
(A) containing information that is law enforcement
sensitive; or
(B) that describe information security policies,
procedures, or activities of the executive branch.
(c) Responsibility for Withholding of Information.--In publishing
congressionally mandated reports to the reports online portal in
accordance with this subtitle, the head of each Federal agency shall be
responsible for withholding information pursuant to the requirements of
this section.
SEC. 7247. IMPLEMENTATION.
(a) Reports Submitted to Congress.--
(1) In general.--This subtitle shall apply with respect to any
congressionally mandated report which--
(A) is required by statute to be submitted to the House of
Representatives, or the Speaker thereof, or the Senate, or the
President or President Pro Tempore thereof, at any time on or
after the date of the enactment of this Act; or
(B) is included by the Clerk of the House of
Representatives or the Secretary of the Senate (as the case may
be) on the list of reports received by the House of
Representatives or the Senate (as the case may be) at any time
on or after the date of the enactment of this Act.
(2) Transition rule for previously submitted reports.--To the
extent practicable, the Director shall ensure that any
congressionally mandated report described in paragraph (1) which
was required to be submitted to Congress by a statute enacted
before the date of the enactment of this Act is published on the
reports online portal under this subtitle.
(b) Reports Submitted to Committees.--In the case of
congressionally mandated reports which are required by statute to be
submitted to a committee of Congress or a subcommittee thereof, this
subtitle shall apply with respect to--
(1) any such report which is first required to be submitted by
a statute which is enacted on or after the date of the enactment of
this Act; and
(2) to the maximum extent practical, any congressionally
mandated report which was required to be submitted by a statute
enacted before the date of enactment of this Act unless--
(A) the chair of the committee, or subcommittee thereof, to
which the report was required to be submitted notifies the
Director in writing that the report is to be withheld from
publication; and
(B) the Director publishes the notification on the reports
online portal.
(c) Access for Congressional Leadership.--Notwithstanding any
provision of this subtitle or any other provision of law, congressional
leadership shall have access to any congressionally mandated report.
SEC. 7248. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this subtitle, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall be
determined by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this subtitle, submitted for
printing in the Congressional Record by the Chairman of the Senate
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
TITLE LXXIII--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Subtitle A--Global Catastrophic Risk Management Act of 2022
Sec. 7301. Short title.
Sec. 7302. Definitions.
Sec. 7303. Assessment of global catastrophic risk.
Sec. 7304. Report required.
Sec. 7305. Enhanced catastrophic incident annex.
Sec. 7306. Validation of the strategy through an exercise.
Sec. 7307. Recommendations.
Sec. 7308. Reporting requirements.
Sec. 7309. Rules of construction.
Subtitle B--Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological
hazards and related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C--Other Matters
Sec. 7321. Crisis counseling assistance and training.
Subtitle A--Global Catastrophic Risk Management Act of 2022
SEC. 7301. SHORT TITLE.
This subtitle may be cited as the ``Global Catastrophic Risk
Management Act of 2022''.
SEC. 7302. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Basic need.--The term ``basic need''--
(A) means any good, service, or activity necessary to
protect the health, safety, and general welfare of the civilian
population of the United States; and
(B) includes--
(i) food;
(ii) water;
(iii) shelter;
(iv) basic communication services;
(v) basic sanitation and health services; and
(vi) public safety.
(3) Catastrophic incident.--The term ``catastrophic
incident''--
(A) means any natural or man-made disaster that results in
extraordinary levels of casualties or damage, mass evacuations,
or disruption severely affecting the population,
infrastructure, environment, economy, national morale, or
government functions in an area; and
(B) may include an incident--
(i) with a sustained national impact over a prolonged
period of time;
(ii) that may rapidly exceed resources available to
State and local government and private sector authorities
in the impacted area; or
(iii) that may significantly interrupt governmental
operations and emergency services to such an extent that
national security could be threatened.
(4) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section 1016(e)
of the Critical Infrastructure Protection Act of 2001 (42 U.S.C.
5195c(e)).
(5) Existential risk.--The term ``existential risk'' means the
potential for an outcome that would result in human extinction.
(6) Global catastrophic risk.--The term ``global catastrophic
risk'' means the risk of events or incidents consequential enough
to significantly harm or set back human civilization at the global
scale.
(7) Global catastrophic and existential threats.--The term
``global catastrophic and existential threats'' means threats that
with varying likelihood may produce consequences severe enough to
result in systemic failure or destruction of critical
infrastructure or significant harm to human civilization. Examples
of global catastrophic and existential threats include severe
global pandemics, nuclear war, asteroid and comet impacts,
supervolcanoes, sudden and severe changes to the climate, and
intentional or accidental threats arising from the use and
development of emerging technologies.
(8) Indian tribal government.--The term ``Indian Tribal
government'' has the meaning given the term ``Indian tribal
government'' in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(9) Local government; state.--The terms ``local government''
and ``State'' have the meanings given such terms in section 102 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122).
(10) National exercise program.--The term ``national exercise
program'' means activities carried out to test and evaluate the
national preparedness goal and related plans and strategies as
described in section 648(b) of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 748(b)).
(11) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
SEC. 7303. ASSESSMENT OF GLOBAL CATASTROPHIC RISK.
(a) In General.--The Secretary and the Administrator shall
coordinate an assessment of global catastrophic risk.
(b) Coordination.--When coordinating the assessment under
subsection (a), the Secretary and the Administrator shall coordinate
with senior designees of--
(1) the Assistant to the President for National Security
Affairs;
(2) the Director of the Office of Science and Technology
Policy;
(3) the Secretary of State and the Under Secretary of State for
Arms Control and International Security;
(4) the Attorney General and the Director of the Federal Bureau
of Investigation;
(5) the Secretary of Energy, the Under Secretary of Energy for
Nuclear Security, and the Director of Science;
(6) the Secretary of Health and Human Services, the Assistant
Secretary for Preparedness and Response, and the Assistant
Secretary of Global Affairs;
(7) the Secretary of Commerce, the Under Secretary of Commerce
for Oceans and Atmosphere, and the Under Secretary of Commerce for
Standards and Technology;
(8) the Secretary of the Interior and the Director of the
United States Geological Survey;
(9) the Administrator of the Environmental Protection Agency
and the Assistant Administrator for Water;
(10) the Administrator of the National Aeronautics and Space
Administration;
(11) the Director of the National Science Foundation;
(12) the Secretary of the Treasury;
(13) the Secretary of Defense, the Assistant Secretary of the
Army for Civil Works, and the Chief of Engineers and Commanding
General of the Army Corps of Engineers;
(14) the Chairman of the Joint Chiefs of Staff;
(15) the Administrator of the United States Agency for
International Development;
(16) the Secretary of Transportation; and
(17) other stakeholders the Secretary and the Administrator
determine appropriate.
SEC. 7304. REPORT REQUIRED.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and every 10 years thereafter, the Secretary, in
coordination with the Administrator, shall submit to the Committee on
Homeland Security and Governmental Affairs and the Committee on Armed
Services of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Armed Services of the House of
Representatives a report containing a detailed assessment, based on the
input and coordination required under section 7303, of global
catastrophic and existential risk.
(b) Matters Covered.--Each report required under subsection (a)
shall include--
(1) expert estimates of cumulative global catastrophic and
existential risk in the next 30 years, including separate estimates
for the likelihood of occurrence and potential consequences;
(2) expert-informed analyses of the risk of the most concerning
specific global catastrophic and existential threats, including
separate estimates, where reasonably feasible and credible, of each
threat for its likelihood of occurrence and its potential
consequences, as well as associated uncertainties;
(3) a comprehensive list of potential catastrophic or
existential threats, including even those that may have very low
likelihood;
(4) technical assessments and lay explanations of the analyzed
global catastrophic and existential risks, including their
qualitative character and key factors affecting their likelihood of
occurrence and potential consequences;
(5) an explanation of any factors that limit the ability of the
Secretary to assess the risk both cumulatively and for particular
threats, and how those limitations may be overcome through future
research or with additional resources, programs, or authorities;
(6) a forecast of if and why global catastrophic and
existential risk is likely to increase or decrease significantly in
the next 10 years, both qualitatively and quantitatively, as well
as a description of associated uncertainties;
(7) proposals for how the Federal Government may more
adequately assess global catastrophic and existential risk on an
ongoing basis in future years;
(8) recommendations for legislative actions, as appropriate, to
support the evaluation and assessment of global catastrophic and
existential risk; and
(9) other matters deemed appropriate by the Secretary, in
coordination with the Administrator, and based on the input and
coordination required under section 7303.
(c) Consultation Requirement.--In producing the report required
under subsection (a), the Secretary shall--
(1) regularly consult with experts on severe global pandemics,
nuclear war, asteroid and comet impacts, supervolcanoes, sudden and
severe changes to the climate, and intentional or accidental
threats arising from the use and development of emerging
technologies; and
(2) share information gained through the consultation required
under paragraph (1) with relevant Federal partners listed in
section 7303(b).
SEC. 7305. ENHANCED CATASTROPHIC INCIDENT ANNEX.
(a) In General.--The Secretary, in coordination with the
Administrator and the Federal partners listed in section 7303(b), shall
supplement each Federal Interagency Operational Plan to include an
annex containing a strategy to ensure the health, safety, and general
welfare of the civilian population affected by catastrophic incidents
by--
(1) providing for the basic needs of the civilian population of
the United States that is impacted by catastrophic incidents in the
United States;
(2) coordinating response efforts with State, local, and Indian
Tribal governments, the private sector, and nonprofit relief
organizations;
(3) promoting personal and local readiness and non-reliance on
government relief during periods of heightened tension or after
catastrophic incidents; and
(4) developing international partnerships with allied nations
for the provision of relief services and goods.
(b) Elements of the Strategy.--The strategy required under
subsection (a) shall include a description of--
(1) actions the Federal Government should take to ensure the
basic needs of the civilian population of the United States in a
catastrophic incident are met;
(2) how the Federal Government should coordinate with non-
Federal entities to multiply resources and enhance relief
capabilities, including--
(A) State and local governments;
(B) Indian Tribal governments;
(C) State disaster relief agencies;
(D) State and local disaster relief managers;
(E) State National Guards;
(F) law enforcement and first response entities; and
(G) nonprofit relief services;
(3) actions the Federal Government should take to enhance
individual resiliency to the effects of a catastrophic incident,
which actions shall include--
(A) readiness alerts to the public during periods of
elevated threat;
(B) efforts to enhance domestic supply and availability of
critical goods and basic necessities; and
(C) information campaigns to ensure the public is aware of
response plans and services that will be activated when
necessary;
(4) efforts the Federal Government should undertake and
agreements the Federal Government should seek with international
allies to enhance the readiness of the United States to provide for
the general welfare;
(5) how the strategy will be implemented should multiple levels
of critical infrastructure be destroyed or taken offline entirely
for an extended period of time; and
(6) the authorities the Federal Government should implicate in
responding to a catastrophic incident.
(c) Assumptions.--In designing the strategy under subsection (a),
the Secretary, in coordination with the Administrator and the Federal
partners listed in section 7303(b), shall account for certain factors
to make the strategy operationally viable, including the assumption
that--
(1) multiple levels of critical infrastructure have been taken
offline or destroyed by catastrophic incidents or the effects of
catastrophic incidents;
(2) impacted sectors may include--
(A) the transportation sector;
(B) the communication sector;
(C) the energy sector;
(D) the healthcare and public health sector; and
(E) the water and wastewater sector;
(3) State, local, Indian Tribal, and territorial governments
have been equally affected or made largely inoperable by
catastrophic incidents or the effects of catastrophic incidents;
(4) the emergency has exceeded the response capabilities of
State, local, and Indian Tribal governments under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) and other relevant disaster response laws; and
(5) the United States military is sufficiently engaged in armed
or cyber conflict with State or non-State adversaries, or is
otherwise unable to augment domestic response capabilities in a
significant manner due to a catastrophic incident.
SEC. 7306. VALIDATION OF THE STRATEGY THROUGH AN EXERCISE.
Not later than 1 year after the addition of the annex required
under section 7305, the Administrator shall lead an exercise as part of
the national exercise program to test and enhance the
operationalization of the strategy required under section 7305.
SEC. 7307. RECOMMENDATIONS.
(a) In General.--The Secretary, in coordination with the
Administrator and the Federal partners listed in section 7303(b) of
this title, shall provide recommendations to Congress for--
(1) actions that should be taken to prepare the United States
to implement the strategy required under section 7305, increase
readiness, and address preparedness gaps for responding to the
impacts of catastrophic incidents on citizens of the United States;
and
(2) additional authorities that should be considered for
Federal agencies to more effectively implement the strategy
required under section 7305.
(b) Inclusion in Reports.--The Secretary may include the
recommendations required under subsection (a) in a report submitted
under section 7308.
SEC. 7308. REPORTING REQUIREMENTS.
Not later than 1 year after the date on which the Administrator
leads the exercise under section 7306, the Secretary, in coordination
with the Administrator, shall submit to Congress a report that
includes--
(1) a description of the efforts of the Secretary and the
Administrator to develop and update the strategy required under
section 7305; and
(2) an after-action report following the conduct of the
exercise described in section 7306.
SEC. 7309. RULES OF CONSTRUCTION.
(a) Administrator.--Nothing in this subtitle shall be construed to
supersede the civilian emergency management authority of the
Administrator under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) or the Post Katrina
Emergency Management Reform Act (6 U.S.C. 701 et seq.).
(b) Secretary.--Nothing in this subtitle shall be construed as
providing new authority to the Secretary, except to coordinate and
facilitate the development of the assessments and reports required
pursuant to this subtitle.
Subtitle B--Technological Hazards Preparedness and Training
SEC. 7311. SHORT TITLE.
This subtitle may be cited as the ``Technological Hazards
Preparedness and Training Act of 2022''.
SEC. 7312. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Indian tribal government.--The term ``Indian Tribal
government'' has the meaning given the term ``Indian tribal
government'' in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(3) Local government; state.--The terms ``local government''
and ``State'' have the meanings given such terms in section 102 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122).
(4) Technological hazard and related emerging threat.--The term
``technological hazard and related emerging threat''--
(A) means a hazard that involves materials created by
humans that pose a unique hazard to the general public and
environment and which may result from--
(i) an accident;
(ii) an emergency caused by another hazard; or
(iii) intentional use of the hazardous materials; and
(B) includes a chemical, radiological, biological, and
nuclear hazard.
SEC. 7313. ASSISTANCE AND TRAINING FOR COMMUNITIES WITH TECHNOLOGICAL
HAZARDS AND RELATED EMERGING THREATS.
(a) In General.--The Administrator shall maintain the capacity to
provide States, local, and Indian Tribal governments with technological
hazards and related emerging threats technical assistance, training,
and other preparedness programming to build community resilience to
technological hazards and related emerging threats.
(b) Authorities.--The Administrator shall carry out subsection (a)
in accordance with--
(1) the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
(2) section 1236 of the Disaster Recovery Reform Act of 2018
(42 U.S.C. 5196g); and
(3) the Post-Katrina Emergency Management Reform Act of 2006
(Public Law 109-295; 120 Stat. 1394).
(c) Assessment and Notification.--In carrying out subsection (a),
the Administrator shall--
(1) use any available and appropriate multi-hazard risk
assessment and mapping tools and capabilities to identify the
communities that have the highest risk of and vulnerability to a
technological hazard in each State; and
(2) ensure each State and Indian Tribal government is aware
of--
(A) the communities identified under paragraph (1); and
(B) the availability of programming under this section
for--
(i) technological hazards and related emerging threats
preparedness; and
(ii) building community capability.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Administrator shall submit to
the Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Appropriations of the Senate, the Committee on
Energy and Natural Resources of the Senate, the Committee on Health,
Education, Labor, and Pensions of the Senate, the Committee on Energy
and Commerce of the House of Representatives, the Committee on Homeland
Security of the House of Representatives, the Committee on
Appropriations of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives a
report relating to--
(1) actions taken to implement this section; and
(2) technological hazards and related emerging threats
preparedness programming provided under this section during the 1-
year period preceding the date of submission of the report.
(e) Consultation.--The Secretary of Homeland Security may seek
continuing input relating to technological hazards and related emerging
threats preparedness needs by consulting State, Tribal, territorial,
and local emergency services organizations and private sector
stakeholders.
(f) Coordination.--The Secretary of Homeland Security shall
coordinate with the Secretary of Energy relating to technological
hazard preparedness and training for a hazard that could result from
activities or facilities authorized or licensed by the Department of
Energy.
(g) Non-duplication of Effort.--In carrying out activities under
subsection (a), the Administrator shall ensure that such activities do
not unnecessarily duplicate efforts of other Federal departments or
agencies, including programs within the Department of Health and Human
Services.
SEC. 7314. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$20,000,000 for each of fiscal years 2023 through 2024.
SEC. 7315. SAVINGS PROVISION.
Nothing in this subtitle shall diminish or divert resources from--
(1) the full completion of federally-led chemical surety
material storage missions or chemical demilitarization missions
that are underway as of the date of enactment of this Act; or
(2) any transitional activities or other community assistance
incidental to the completion of the missions described in paragraph
(1).
Subtitle C--Other Matters
SEC. 7321. CRISIS COUNSELING ASSISTANCE AND TRAINING.
(a) Federal Emergency Assistance.--Section 502(a)(6) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5192(a)(6)) is amended by inserting ``and section 416'' after ``section
408''.
(b) Applicability.--The amendment made by subsection (a) shall only
apply to amounts appropriated on or after the date of enactment of this
Act.
DIVISION H--WATER RESOURCES
TITLE LXXXI--WATER RESOURCES DEVELOPMENT ACT OF 2022
SEC. 8001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Water Resources
Development Act of 2022''.
(b) Table of Contents.--The table of contents for this title is as
follows:
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Subtitle A--General Provisions
Sec. 8101. Federal breakwaters and jetties.
Sec. 8102. Emergency response to natural disasters.
Sec. 8103. Shoreline and riverbank protection and restoration mission.
Sec. 8104. Floodplain management services.
Sec. 8105. Public recreational amenities in ecosystem restoration
projects.
Sec. 8106. Scope of feasibility studies.
Sec. 8107. Water supply conservation.
Sec. 8108. Managed aquifer recharge study and working group.
Sec. 8109. Updates to certain water control manuals.
Sec. 8110. National coastal mapping study.
Sec. 8111. Tribal partnership program.
Sec. 8112. Tribal Liaison.
Sec. 8113. Tribal assistance.
Sec. 8114. Cost sharing provisions for the territories and Indian
Tribes.
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory
Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities;
outreach.
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.
Sec. 8120. Technical assistance for levee inspections.
Sec. 8121. Assessment of Corps of Engineers levees.
Sec. 8122. National low-head dam inventory.
Sec. 8123. Expediting hydropower at Corps of Engineers facilities.
Sec. 8124. Reserve component training at water resources development
projects.
Sec. 8125. Payment of pay and allowances of certain officers from
appropriation for improvements.
Sec. 8126. Maintenance dredging permits.
Sec. 8127. Environmental dredging.
Sec. 8128. Assessment of regional confined aquatic disposal facilities.
Sec. 8129. Studies for periodic nourishment.
Sec. 8130. Beneficial use of dredged material; management plans.
Sec. 8131. Criteria for funding operation and maintenance of small,
remote, and subsistence harbors.
Sec. 8132. Additional projects for underserved community harbors.
Sec. 8133. Inland waterways regional dredge pilot program.
Sec. 8134. NEPA reporting.
Sec. 8135. Funding to process permits.
Sec. 8136. Lease durations.
Sec. 8137. Reforestation.
Sec. 8138. Emergency streambank and shoreline protection.
Sec. 8139. Lease deviations.
Sec. 8140. Policy and technical standards.
Sec. 8141. Corps records relating to harmful algal blooms in Lake
Okeechobee, Florida.
Sec. 8142. Forecasting models for the Great Lakes.
Sec. 8143. Monitoring and assessment program for saline lakes in the
Great Basin.
Sec. 8144. Chattahoochee River program.
Sec. 8145. Lower Mississippi River Basin demonstration program.
Sec. 8146. Washington Aqueduct.
Sec. 8147. Water infrastructure public-private partnership pilot
program.
Sec. 8148. Advance payment in lieu of reimbursement for certain Federal
costs.
Sec. 8149. Use of other Federal funds.
Sec. 8150. Non-Federal Interest Advisory Committee.
Sec. 8151. Materials, services, and funds for repair, restoration, or
rehabilitation of certain public recreation facilities.
Sec. 8152. Rehabilitation of pump stations.
Sec. 8153. Report to Congress on Corps of Engineers reservoirs.
Sec. 8154. Temporary relocation assistance pilot program.
Sec. 8155. Continuation of construction.
Sec. 8156. Federal interest determination.
Sec. 8157. Inland waterway projects.
Sec. 8158. Corps of Engineers Western Water Cooperative Committee.
Sec. 8159. Support of Army civil works missions.
Sec. 8160. Civil works research and development.
Sec. 8161. Sense of Congress on operations and maintenance of recreation
sites.
Sec. 8162. Sense of Congress relating to post-disaster repairs.
Subtitle B--Studies and Reports
Sec. 8201. Authorization of proposed feasibility studies.
Sec. 8202. Expedited completion.
Sec. 8203. Expedited modifications of existing feasibility studies.
Sec. 8204. Corps of Engineers reservoir sedimentation assessment.
Sec. 8205. Report and recommendations on dredge capacity.
Sec. 8206. Assessment of impacts from changing operation and maintenance
responsibilities.
Sec. 8207. Maintenance dredging data.
Sec. 8208. Western infrastructure study.
Sec. 8209. Recreation and economic development at Corps facilities in
Appalachia.
Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.
Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek,
California.
Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.
Sec. 8213. Excess lands report for Whittier Narrows Dam, California.
Sec. 8214. Comprehensive central and southern Florida study.
Sec. 8215. Northern estuaries ecosystem restoration, Florida.
Sec. 8216. Study on shellfish habitat and seagrass, Florida Central Gulf
Coast.
Sec. 8217. Report on South Florida ecosystem restoration plan
implementation.
Sec. 8218. Great Lakes recreational boating.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois
River.
Sec. 8220. Disposition study on hydropower in the Willamette Valley,
Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project,
Texas.
Sec. 8222. Sabine-Neches waterway navigation improvement project, Texas.
Sec. 8223. Norfolk Harbor and Channels, Virginia.
Sec. 8224. Coastal Virginia, Virginia.
Sec. 8225. West Virginia hydropower.
Sec. 8226. Electronic preparation and submission of applications.
Sec. 8227. Investments for recreation areas.
Sec. 8228. Automated fee machines.
Sec. 8229. Review of recreational hazards.
Sec. 8230. Assessment of coastal flooding mitigation modeling and
testing capacity.
Sec. 8231. Report on socially and economically disadvantaged small
business concerns.
Sec. 8232. Report on solar energy opportunities.
Sec. 8233. Report to Congress on economic valuation of preservation of
open space, recreational areas, and habitat associated with
project lands.
Sec. 8234. Report on corrosion prevention activities.
Sec. 8235. Report to Congress on easements related to water resources
development projects.
Sec. 8236. GAO studies.
Sec. 8237. Assessment of forest, rangeland, and watershed restoration
services on lands owned by the Corps of Engineers.
Subtitle C--Deauthorizations and Modifications
Sec. 8301. Deauthorization of inactive projects.
Sec. 8302. Watershed and river basin assessments.
Sec. 8303. Forecast-informed reservoir operations.
Sec. 8304. Lakes program.
Sec. 8305. Invasive species.
Sec. 8306. Maintenance of navigation channels.
Sec. 8307. Project reauthorizations.
Sec. 8308. Special rule for certain beach nourishment projects.
Sec. 8309. Columbia River Basin.
Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.
Sec. 8311. Acequias irrigation systems.
Sec. 8312. Port of Nome, Alaska.
Sec. 8313. St. George, Alaska.
Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.
Sec. 8315. Storm damage prevention and reduction, coastal erosion, and
ice and glacial damage, Alaska.
Sec. 8316. St. Francis Lake Control Structure.
Sec. 8317. South Platte River and Tributaries, Adams and Denver
Counties, Colorado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles
County Drainage Area, California.
Sec. 8321. Murrieta Creek, California.
Sec. 8322. Sacramento River Basin, California.
Sec. 8323. San Diego River and Mission Bay, San Diego County,
California.
Sec. 8324. Additional assistance for Eastern Santa Clara Basin,
California.
Sec. 8325. San Francisco Bay, California.
Sec. 8326. South San Francisco Bay Shoreline, California.
Sec. 8327. Delaware shore protection and restoration.
Sec. 8328. St. Johns River Basin, Central and Southern Florida.
Sec. 8329. Little Pass, Clearwater Bay, Florida.
Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.
Sec. 8331. Palm Beach Harbor, Florida.
Sec. 8332. Port Everglades, Florida.
Sec. 8333. South Florida Ecosystem Restoration Task Force.
Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 8335. Little Wood River, Gooding, Idaho.
Sec. 8336. Chicago shoreline protection.
Sec. 8337. Great Lakes and Mississippi River Interbasin project, Brandon
Road, Will County, Illinois.
Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 8339. City of El Dorado, Kansas.
Sec. 8340. Algiers Canal Levees, Louisiana.
Sec. 8341. Mississippi River Gulf Outlet, Louisiana.
Sec. 8342. Camp Ellis, Saco, Maine.
Sec. 8343. Lower Mississippi River comprehensive management study.
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
Sec. 8346. Water level management on the Upper Mississippi River and
Illinois Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North
Kansas Levees units, Missouri River and tributaries at Kansas
Cities, Missouri and Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation
and demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa,
and Nebraska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New
Mexico.
Sec. 8356. Ecosystem restoration, Hudson-Raritan Estuary, New York and
New Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement
costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D--Water Resources Infrastructure
Sec. 8401. Project authorizations.
Sec. 8402. Special rules.
Sec. 8403. Facility investment.
SEC. 8002. SECRETARY DEFINED.
In this title, the term ``Secretary'' means the Secretary of the
Army.
Subtitle A--General Provisions
SEC. 8101. FEDERAL BREAKWATERS AND JETTIES.
(a) In General.--In carrying out repair or maintenance activity of
a Federal jetty or breakwater associated with an authorized navigation
project, the Secretary shall, notwithstanding the authorized dimensions
of the jetty or breakwater, ensure that such repair or maintenance
activity is sufficient to meet the authorized purpose of such project,
including ensuring that any harbor or inland harbor associated with the
project is protected from projected changes in wave action or height
(including changes that result from relative sea level change over the
useful life of the project).
(b) Classification of Activity.--The Secretary may not classify any
repair or maintenance activity of a Federal jetty or breakwater carried
out under subsection (a) as major rehabilitation of such jetty or
breakwater--
(1) if the Secretary determines that--
(A) projected changes in wave action or height, including
changes that result from relative sea level change, will
diminish the functionality of the jetty or breakwater to meet
the authorized purpose of the project; and
(B) such repair or maintenance activity is necessary to
restore such functionality; or
(2) if--
(A) the Secretary has not carried out regular and routine
Federal maintenance activity at the jetty or breakwater; and
(B) the structural integrity of the jetty or breakwater is
degraded as a result of a lack of such regular and routine
Federal maintenance activity.
SEC. 8102. EMERGENCY RESPONSE TO NATURAL DISASTERS.
(a) In General.--Section 5(a)(1) of the Act of August 18, 1941 (33
U.S.C. 701n(a)(1)) is amended by striking ``in the repair and
restoration of any federally authorized hurricane or shore protective
structure'' and all that follows through ``non-Federal sponsor.'' and
inserting ``in the repair and restoration of any federally authorized
hurricane or shore protective structure or project damaged or destroyed
by wind, wave, or water action of other than an ordinary nature to the
pre-storm level of protection, to the design level of protection, or,
notwithstanding the authorized dimensions of the structure or project,
to a level sufficient to meet the authorized purpose of such structure
or project, whichever provides greater protection, when, in the
discretion of the Chief of Engineers, such repair and restoration is
warranted for the adequate functioning of the structure or project for
hurricane or shore protection, including to ensure the structure or
project is functioning adequately to protect against projected changes
in wave action or height or storm surge (including changes that result
from relative sea level change over the useful life of the structure or
project), subject to the condition that the Chief of Engineers may, if
requested by the non-Federal sponsor, include modifications to the
structure or project (including the addition of new project features)
to address major deficiencies, increase resilience, increase benefits
from the reduction of damages from inundation, wave action, or erosion,
or implement nonstructural alternatives to the repair or restoration of
the structure.''.
(b) Great Lakes Advance Measures Assistance.--
(1) In general.--The Secretary shall not deny a request from
the Governor of a Great Lakes State to provide advance measures
assistance pursuant to section 5(a) of the Act of August 18, 1941
(33 U.S.C. 701n(a)) to reduce the risk of damage from rising water
levels in the Great Lakes solely on the basis that the damage is
caused by erosion.
(2) Federal share.--Assistance provided by the Secretary
pursuant to a request described in paragraph (1) shall be at
Federal expense if the assistance is for the construction of
advance measures to a temporary construction standard.
(3) Great lakes state defined.--In this subsection, the term
``Great Lakes State'' means the State of Illinois, Indiana,
Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin.
SEC. 8103. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION MISSION.
(a) In General.--Section 212 of the Water Resources Development Act
of 1999 (33 U.S.C. 2332) is amended--
(1) in the section heading, by striking ``flood mitigation and
riverine restoration program'' and inserting ``shoreline and
riverine protection and restoration'';
(2) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary may carry out studies and projects
to--
``(1) reduce flood and hurricane and storm damage hazards; or
``(2) restore the natural functions and values of rivers and
shorelines throughout the United States.'';
(3) in subsection (b)--
(A) by striking paragraph (1) and inserting the following:
``(1) Authority.--
``(A) Studies.--In carrying out subsection (a), the
Secretary may carry out studies to identify appropriate
measures for--
``(i) the reduction of flood and hurricane and storm
damage hazards, including measures for erosion mitigation
and bank stabilization; or
``(ii) the conservation and restoration of the natural
functions and values of rivers and shorelines.
``(B) Projects.--Subject to subsection (f)(2), in carrying
out subsection (a), the Secretary may design and implement
projects described in subsection (a).'';
(B) in paragraph (3), by striking ``flood damages'' and
inserting ``flood and hurricane and storm damages, including
the use of natural features or nature-based features''; and
(C) in paragraph (4)--
(i) by inserting ``and hurricane and storm'' after
``flood'';
(ii) by inserting ``, shoreline,'' after ``riverine'';
and
(iii) by inserting ``and coastal barriers'' after
``floodplains'';
(4) in subsection (c)--
(A) in paragraph (1), by inserting ``, except that the
first $200,000 of the costs of a study conducted under this
section shall be at Federal expense'' before the period;
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``flood
control''; and
(ii) by striking subparagraph (A) and inserting the
following:
``(A) In general.--Design and construction of a project
under this section that includes a nonstructural measure, a
natural feature or nature-based feature, or an environmental
restoration measure, shall be subject to cost sharing in
accordance with section 103 of the Water Resources Development
Act of 1986 (33 U.S.C. 2213), except that the non-Federal share
of the cost to design and construct such a project benefitting
an economically disadvantaged community (including economically
disadvantaged communities located in urban and rural areas)
shall be 10 percent.''; and
(C) in paragraph (3)--
(i) in the paragraph heading, by inserting ``or
hurricane and storm damage reduction'' after ``flood
control'';
(ii) by inserting ``or hurricane and storm damage
reduction'' after ``flood control'' ; and
(iii) by striking ``section 103(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(a))'' and
inserting ``section 103 of the Water Resources Development
Act of 1986 (33 U.S.C. 2213), except that the non-Federal
share of the cost to design and construct such a project
benefitting an economically disadvantaged community
(including economically disadvantaged communities located
in urban and rural areas) shall be 10 percent'';
(5) by striking subsection (d) and inserting the following:
``(d) Project Justification.--Notwithstanding any requirement for
economic justification established under section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2), the Secretary may implement a
project under this section if the Secretary determines that the
project--
``(1) will significantly reduce potential flood, hurricane and
storm, or erosion damages;
``(2) will improve the quality of the environment; and
``(3) is justified considering all costs and beneficial outputs
of the project.'';
(6) in subsection (e)--
(A) in the subsection heading, by striking ``Priority
Areas'' and inserting ``Areas for Examination'';
(B) by redesignating paragraphs (1) through (33) as
subparagraphs (A) through (GG), respectively, and adjusting the
margins appropriately;
(C) by striking ``In carrying out'' and inserting the
following:
``(1) In general.--In carrying out''; and
(D) by adding at the end the following:
``(2) Priority projects.--In carrying out this section, the
Secretary shall prioritize projects for the following locations:
``(A) Delaware beaches and watersheds, Delaware.
``(B) Louisiana Coastal Area, Louisiana.
``(C) Great Lakes Shores and Watersheds.
``(D) Oregon Coastal Area and Willamette River basin,
Oregon.
``(E) Upper Missouri River Basin.
``(F) Ohio River Tributaries and their watersheds, West
Virginia.
``(G) Chesapeake Bay watershed and Maryland beaches,
Maryland.
``(H) City of Southport, North Carolina.
``(I) Maumee River, Ohio.
``(J) Los Angeles and San Gabriel Rivers, California.
``(K) Kentucky River and its tributaries and watersheds.'';
(7) by striking subsections (f), (g), and (i);
(8) by redesignating subsection (h) as subsection (f);
(9) in subsection (f) (as so redesignated), by striking
paragraph (2) and inserting the following:
``(2) Projects requiring specific authorization.--If the
Federal share of the cost to design and construct a project under
this section exceeds $15,000,000, the Secretary may only carry out
the project if Congress enacts a law authorizing the Secretary to
carry out the project.''; and
(10) by adding at the end the following:
``(g) Definitions.--In this section:
``(1) Economically disadvantaged community.--The term
`economically disadvantaged community' has the meaning given the
term as defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note).
``(2) Natural feature; nature-based feature.--The terms
`natural feature' and `nature-based feature' have the meanings
given those terms in section 1184(a) of the Water Resources
Development Act of 2016 (33 U.S.C. 2289a(a)).''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is
amended by striking the item relating to section 212 and inserting the
following:
``Sec. 212. Shoreline and riverine protection and restoration.''.
SEC. 8104. FLOODPLAIN MANAGEMENT SERVICES.
Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is
amended--
(1) by striking ``Sec. 206. (a) In recognition'' and inserting
the following:
``SEC. 206. INFORMATION ON FLOODS AND FLOOD DAMAGE.
``(a) Compilation and Dissemination.--
``(1) In general.--In recognition'';
(2) in subsection (a)--
(A) in the second sentence, by striking ``Surveys and
guides'' and inserting the following:
``(2) Surveys and guides.--Surveys and guides'';
(B) in the first sentence, by inserting ``identification of
areas subject to floods due to accumulated snags and other
debris,'' after ``inundation by floods of various magnitudes
and frequencies,''; and
(C) by adding at the end the following:
``(3) Identification of assistance.--
``(A) In general.--To the maximum extent practicable, in
providing assistance under this subsection, the Secretary shall
identify and communicate to States and non-Federal interests
specific opportunities to partner with the Corps of Engineers
to address flood hazards.
``(B) Coordination.--The Secretary shall coordinate
activities under this paragraph with activities described in
section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16).'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following:
``(d) Institutions of Higher Education.--Notwithstanding section
4141 of title 10, United States Code, in carrying out this section, the
Secretary may work with an institution of higher education, as
determined appropriate by the Secretary.''.
SEC. 8105. PUBLIC RECREATIONAL AMENITIES IN ECOSYSTEM RESTORATION
PROJECTS.
At the request of a non-Federal interest, the Secretary is
authorized to study the incorporation of public recreational amenities,
including facilities for hiking, biking, walking, and waterborne
recreation, into a project for ecosystem restoration, including a
project carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330), if the incorporation of such
amenities would be consistent with the ecosystem restoration purposes
of the project.
SEC. 8106. SCOPE OF FEASIBILITY STUDIES.
(a) Flood Risk Management or Hurricane and Storm Damage Risk
Reduction.--In carrying out a feasibility study for a project for flood
risk management or hurricane and storm damage risk reduction, the
Secretary, at the request of the non-Federal interest for the study,
shall formulate alternatives to maximize the net benefits from the
reduction of the comprehensive flood risk within the geographic scope
of the study from the isolated and compound effects of--
(1) a riverine discharge of any magnitude or frequency;
(2) inundation, wave attack, and erosion coinciding with a
hurricane or coastal storm;
(3) flooding associated with tidally influenced portions of
rivers, bays, and estuaries that are hydrologically connected to
the coastal water body;
(4) a rainfall event of any magnitude or frequency;
(5) a tide of any magnitude or frequency;
(6) seasonal variation in water levels;
(7) groundwater emergence;
(8) sea level rise;
(9) subsidence; or
(10) any other driver of flood risk affecting the area within
the geographic scope of the study.
(b) Water Supply, Water Conservation, and Drought Risk Reduction.--
In carrying out a feasibility study for any purpose, the Secretary, at
the request of the non-Federal interest for the study, shall formulate
alternatives--
(1) to maximize combined net benefits for the primary purpose
of the study and for the purposes of water supply or water
conservation (including the use of water supply conservation
measures described in section 1116 of the Water Resources
Development Act of 2016 (130 Stat. 1639)); or
(2) to include 1 or more measures for the purposes of water
supply or water conservation if the Secretary determines that such
measures may reduce potential adverse impacts of extreme weather
events, including drought, on water resources within the geographic
scope of the study.
(c) Cost Sharing.--All costs to carry out a feasibility study in
accordance with this section shall be shared in accordance with the
cost share requirements otherwise applicable to the study.
SEC. 8107. WATER SUPPLY CONSERVATION.
Section 1116 of the Water Resources Development Act of 2016 (130
Stat. 1639) is amended--
(1) in subsection (a), in the matter preceding paragraph (1),
by striking ``during the 1-year period ending on the date of
enactment of this Act'' and inserting ``for any portion of any 2
consecutive or nonconsecutive years during the 10-year period
preceding a request from a non-Federal interest for assistance
under this section''; and
(2) in subsection (b)(4), by inserting ``, including measures
utilizing a natural feature or nature-based feature (as those terms
are defined in section 1184(a)) to reduce drought risk'' after
``water supply''.
SEC. 8108. MANAGED AQUIFER RECHARGE STUDY AND WORKING GROUP.
(a) Assessment.--
(1) In general.--The Secretary shall, in consultation with
applicable non-Federal interests, conduct a national assessment of
carrying out managed aquifer recharge projects to address drought,
water resiliency, and aquifer depletion at authorized water
resources development projects.
(2) Requirements.--In carrying out paragraph (1), the Secretary
shall--
(A) assess and identify opportunities to support non-
Federal interests, including Tribal communities, in carrying
out managed aquifer recharge projects; and
(B) assess preliminarily local hydrogeologic conditions
relevant to carrying out managed aquifer recharge projects.
(3) Coordination.--In carrying out paragraph (1), the Secretary
shall coordinate, as appropriate, with the heads of other Federal
agencies, States, regional governmental agencies, units of local
government, experts in managed aquifer recharge, and Tribes.
(b) Feasibility Studies.--
(1) Authorization.--The Secretary is authorized to carry out
feasibility studies, at the request of a non-Federal interest, of
managed aquifer recharge projects in areas that are experiencing,
or have recently experienced, prolonged drought conditions, aquifer
depletion, or water supply scarcity.
(2) Limitation.--The Secretary may carry out not more than 10
feasibility studies under this subsection.
(3) Use of information.--The Secretary shall, to the maximum
extent practicable, use information gathered from the assessment
conducted under subsection (a) in identifying and selecting
feasibility studies to carry out under this subsection.
(4) Cost share.--The Federal share of the cost of a feasibility
study carried out under this subsection shall be 90 percent.
(c) Working Group.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a managed
aquifer recharge working group made up of subject matter experts
within the Corps of Engineers and relevant non-Federal
stakeholders.
(2) Composition.--In establishing the working group under
paragraph (1), the Secretary shall ensure that members of the
working group have expertise working with--
(A) projects providing water supply storage to meet
regional water supply demand, particularly in regions
experiencing drought;
(B) the protection of groundwater supply, including
promoting infiltration and increased recharge in groundwater
basins, and groundwater quality;
(C) aquifer storage, recharge, and recovery wells;
(D) dams that provide recharge enhancement benefits;
(E) groundwater hydrology;
(F) conjunctive use water systems; and
(G) agricultural water resources, including the use of
aquifers for irrigation purposes.
(3) Duties.--The working group established under this
subsection shall--
(A) advise the Secretary regarding the development and
execution of the assessment under subsection (a) and any
feasibility studies under subsection (b);
(B) assist Corps of Engineers offices at the headquarter,
division, and district levels with raising awareness of non-
Federal interests of the potential benefits of carrying out
managed aquifer recharge projects; and
(C) assist with the development of the report required to
be submitted under subsection (d).
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
managed aquifer recharge that includes--
(1) the results of the assessment conducted under subsection
(a) and any feasibility studies carried out under subsection (b),
including data collected under such assessment and studies and any
recommendations on managed aquifer recharge opportunities for non-
Federal interests, States, local governments, and Tribes;
(2) a status update on the implementation of the
recommendations included in the report of the U.S. Army Corps of
Engineers Institute for Water Resources entitled ``Managed Aquifer
Recharge and the U.S. Army Corps of Engineers: Water Security
through Resilience'', published in April 2020 (2020-WP-01); and
(3) an evaluation of the benefits of creating a new or
modifying an existing planning center of expertise for managed
aquifer recharge, and identify potential locations for such a
center of expertise, if feasible.
(e) Savings Provision.--Nothing in this section affects the non-
Federal share of the cost of construction of a managed aquifer recharge
project under section 103 of the Water Resources Development Act of
1986 (33 U.S.C. 2213) or any other provision of law.
(f) Definitions.--In this section:
(1) Managed aquifer recharge.--The term ``managed aquifer
recharge'' means the intentional banking and treatment of water in
aquifers for storage and future use.
(2) Managed aquifer recharge project.--The term ``managed
aquifer recharge project'' means a project to incorporate managed
aquifer recharge features into a water resources development
project.
SEC. 8109. UPDATES TO CERTAIN WATER CONTROL MANUALS.
On request of the Governor of a State for which the Governor
declared a statewide drought disaster in 2021, the Secretary is
authorized to update water control manuals for water resources
development projects under the authority of the Secretary in the State,
with priority given to those projects that include water supply or
water conservation as an authorized purpose.
SEC. 8110. NATIONAL COASTAL MAPPING STUDY.
(a) In General.--The Secretary, acting through the Director of the
Engineer Research and Development Center, is authorized to carry out a
study of coastal geographic land changes, with recurring national
coastal mapping technology, along the coastal zone of the United States
to support Corps of Engineers missions.
(b) Study.--In carrying out the study under subsection (a), the
Secretary shall identify--
(1) new or advanced geospatial information and remote sensing
tools for coastal mapping;
(2) best practices for coastal change mapping; and
(3) how to most effectively--
(A) collect and analyze such advanced geospatial
information;
(B) disseminate such geospatial information to relevant
offices of the Corps of Engineers, other Federal agencies,
States, Tribes, and local governments; and
(C) make such geospatial information available to other
stakeholders.
(c) Demonstration Project.--
(1) Project area.--In carrying out the study under subsection
(a), the Secretary shall carry out a demonstration project in the
coastal region covering the North Carolina coastal waters,
connected bays, estuaries, rivers, streams, and creeks, to their
tidally influenced extent inland.
(2) Scope.--In carrying out the demonstration project, the
Secretary shall--
(A) identify and study potential hazards, such as debris,
sedimentation, dredging effects, and flood areas;
(B) identify best practices described in subsection (b)(2),
including best practices relating to geographical coverage and
frequency of mapping;
(C) evaluate and demonstrate relevant mapping technologies
to identify which are the most effective for regional mapping
of the transitional areas between the open coast and inland
waters; and
(D) demonstrate remote sensing tools for coastal mapping.
(d) Coordination.--In carrying out this section, the Secretary
shall coordinate with other Federal and State agencies that are
responsible for authoritative data and academic institutions and other
entities with relevant expertise.
(e) Panel.--
(1) Establishment.--In carrying out this section, the Secretary
shall establish a panel of senior leaders from the Corps of
Engineers and other Federal agencies that are stakeholders in the
coastal mapping program carried out through the Engineer Research
and Development Center.
(2) Duties.--The panel established under this subsection
shall--
(A) coordinate the collection of data under the study
carried out under this section;
(B) coordinate the use of geospatial information and remote
sensing tools, and the application of the best practices
identified under the study, by Federal agencies; and
(C) identify technical topics and challenges that require
multiagency collaborative research and development.
(f) Use of Existing Information.--In carrying out this section, the
Secretary shall consider any relevant information developed under
section 516(g) of the Water Resources Development Act of 1996 (33
U.S.C. 2326b(g)).
(g) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
that describes--
(1) the results of the study carried out under this section;
and
(2) any geographical areas recommended for additional study.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000, to remain available
until expended.
SEC. 8111. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act of 2000 (33
U.S.C. 2269) is amended--
(1) in subsection (a), by striking ``(25 U.S.C. 450b)'' and
inserting ``(25 U.S.C. 5304)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``hurricane and storm'' after
``flood''; and
(II) by inserting ``including erosion control,''
after ``reduction,'';
(ii) in subparagraph (B), by striking ``and'' at the
end;
(iii) by redesignating subparagraph (C) as subparagraph
(D); and
(iv) by inserting after subparagraph (B) the following:
``(C) technical assistance to an Indian tribe, including--
``(i) assistance for planning to ameliorate flood
hazards, to avoid repetitive flood impacts, to anticipate,
prepare, and adapt to changing hydrological and climatic
conditions and extreme weather events, and to withstand,
respond to, and recover rapidly from disruption due to
flood hazards; and
``(ii) the provision of, and integration into planning
of, hydrologic, economic, and environmental data and
analyses; and'';
(B) in paragraph (3), by adding at the end the following:
``(C) Initial costs.--The first $200,000 of the costs of a
study under this section shall be at Federal expense.'';
(C) in paragraph (4)--
(i) in subparagraph (A), by striking ``$18,500,000''
and inserting ``$26,000,000''; and
(ii) in subparagraph (B), by striking ``$18,500,000''
and inserting ``$26,000,000''; and
(D) by adding at the end the following:
``(5) Project justification.--Notwithstanding any requirement
for economic justification established under section 209 of the
Flood Control Act of 1970 (42 U.S.C. 1962-2), the Secretary may
implement a project (other than a project for ecosystem
restoration) under this section if the Secretary determines that
the project will--
``(A) significantly reduce potential flood or hurricane and
storm damage hazards (which may be limited to hazards that may
be addressed by measures for erosion mitigation or bank
stabilization);
``(B) improve the quality of the environment;
``(C) reduce risks to life safety associated with the
hazards described in subparagraph (A); and
``(D) improve the long-term viability of the community.'';
(3) in subsection (d)--
(A) in paragraph (5)(B)--
(i) by striking ``non-Federal'' and inserting
``Federal''; and
(ii) by striking ``50 percent'' and inserting ``100
percent''; and
(B) by adding at the end the following:
``(6) Technical assistance.--The Federal share of the cost of
activities described in subsection (b)(2)(C) shall be 100
percent.''; and
(4) in subsection (e), by striking ``2024'' and inserting
``2033''.
SEC. 8112. TRIBAL LIAISON.
(a) In General.--Beginning not later than 1 year after the date of
enactment of this Act, the District Commander for each Corps of
Engineers district that contains a Tribal community shall have on staff
a Tribal Liaison.
(b) Duties.--Each Tribal Liaison shall make recommendations to the
applicable District Commander regarding, and be responsible for--
(1) removing barriers to access to, and participation in, Corps
of Engineers programs for Tribal communities, including by
improving implementation of section 103(m) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(m));
(2) improving outreach to, and engagement with, Tribal
communities about relevant Corps of Engineers programs and
services;
(3) identifying and engaging with Tribal communities suffering
from water resources challenges;
(4) improving, expanding, and facilitating government-to-
government consultation between Tribal communities and the Corps of
Engineers;
(5) coordinating and implementing all relevant Tribal
consultation policies and associated guidelines, including the
requirements of section 112 of the Water Resources Development Act
of 2020 (33 U.S.C. 2356);
(6) training and tools to facilitate the ability of Corps of
Engineers staff to effectively engage with Tribal communities in a
culturally competent manner, especially in regards to lands of
ancestral, historic, or cultural significance to a Tribal
community, including burial sites; and
(7) such other issues identified by the Secretary.
(c) Uniformity.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall finalize guidelines for--
(1) a position description for Tribal Liaisons; and
(2) required qualifications for Tribal Liaisons, including
experience and expertise relating to Tribal communities and water
resource issues.
(d) Funding.--Funding for the position of Tribal Liaison shall be
allocated from the budget line item provided for the expenses necessary
for the supervision and general administration of the civil works
program, and filling the position shall not be dependent on any
increase in this budget line item.
(e) Definitions.--In this section:
(1) Tribal community.--The term ``Tribal community'' means a
community of people who are recognized and defined under Federal
law as indigenous people of the United States.
(2) Tribal liaison.--The term ``Tribal Liaison'' means a
permanent employee of a Corps of Engineers district whose primary
responsibilities are to--
(A) serve as a direct line of communication between the
District Commander and the Tribal communities within the
boundaries of the Corps of Engineers district; and
(B) ensure consistency in government-to-government
relations.
SEC. 8113. TRIBAL ASSISTANCE.
(a) Clarification of Existing Authority.--
(1) In general.--Subject to paragraph (2), the Secretary, in
consultation with the heads of relevant Federal agencies, the
Confederated Tribes of the Warm Springs Reservation of Oregon, the
Confederated Tribes and Bands of the Yakama Nation, the Nez Perce
Tribe, and the Confederated Tribes of the Umatilla Indian
Reservation, shall revise and carry out the village development
plan for The Dalles Dam, Columbia River, Washington and Oregon, as
authorized by section 204 of the Flood Control Act of 1950 (chapter
188, 64 Stat. 179), to comprehensively address adverse impacts to
Indian villages, housing sites, and related structures as a result
of the construction of The Dalles Dam, Bonneville Dam, McNary Dam,
and John Day Dam, Washington and Oregon.
(2) Examination.--Before carrying out the requirements of
paragraph (1), the Secretary shall conduct an examination and
assessment of the extent to which Indian villages, housing sites,
and related structures were displaced or destroyed by the
construction of the following projects:
(A) Bonneville Dam, Columbia River, Oregon, as authorized
by the first section of the Act of August 30, 1935 (chapter
831, 49 Stat. 1038) and the first section and section 2(a) of
the Act of August 20, 1937 (16 U.S.C. 832, 832a(a)).
(B) McNary Dam, Columbia River, Washington and Oregon, as
authorized by section 2 of the Act of March 2, 1945 (chapter
19, 59 Stat. 22).
(C) John Day Dam, Columbia River, Washington and Oregon, as
authorized by section 204 of the Flood Control Act of 1950
(chapter 188, 64 Stat. 179).
(3) Requirements.--The village development plan under paragraph
(1) shall include, at a minimum--
(A) an evaluation of sites on both sides of the Columbia
River;
(B) an assessment of suitable Federal land and land owned
by the States of Washington and Oregon; and
(C) an estimated cost and tentative schedule for the
construction of each housing development.
(4) Location of assistance.--The Secretary may provide housing
and related assistance under this subsection at 1 or more village
sites in the States of Washington and Oregon.
(b) Provision of Assistance on Federal Land.--The Secretary may
construct housing or provide related assistance on land owned by the
United States in carrying out the village development plan under
subsection (a)(1).
(c) Acquisition and Disposal of Land.--
(1) In general.--Subject to subsection (d), the Secretary may
acquire land or interests in land for the purpose of providing
housing and related assistance in carrying out the village
development plan under subsection (a)(1).
(2) Advance acquisition.--Acquisition of land or interests in
land under paragraph (1) may be carried out in advance of
completion of all required documentation and receipt of all
required clearances for the construction of housing or related
improvements on the land.
(3) Disposal of unsuitable land.--If the Secretary determines
that any land or interest in land acquired by the Secretary under
paragraph (2) is unsuitable for that housing or for those related
improvements, the Secretary may--
(A) dispose of the land or interest in land by sale; and
(B) credit the proceeds to the appropriation, fund, or
account used to purchase the land or interest in land.
(d) Limitation.--The Secretary shall only acquire land from willing
landowners in carrying out this section.
(e) Cooperative Agreements.--The Secretary may enter into a
cooperative agreement with a Tribe described in subsection (a)(1), or
with a Tribal organization of such a Tribe, to provide funds to the
Tribe to construct housing or provide related assistance in carrying
out the village development plan under such subsection.
(f) Conveyance Authorized.--Upon completion of construction at a
village site under this section, the Secretary may, without
consideration, convey the village site and the improvements located
thereon to a Tribe described in subsection (a)(1), or to a Tribal
organization of such a Tribe.
(g) Conforming Amendment.--Section 1178(c) of the Water Resources
Development Act of 2016 (130 Stat. 1675; 132 Stat. 3781) is repealed.
SEC. 8114. COST SHARING PROVISIONS FOR THE TERRITORIES AND INDIAN
TRIBES.
Section 1156 of the Water Resources Development Act of 1986 (33
U.S.C. 2310) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and'' ; and
(C) by adding at the end the following:
``(3) for any organization that--
``(A) is composed primarily of people who are--
``(i) recognized and defined under Federal law as
indigenous people of the United States; and
``(ii) from a specific community; and
``(B) assists in the social, cultural, and educational
development of such people in that community.''; and
(2) by adding at the end the following:
``(c) Inclusion.--For purposes of this section, the term `study'
includes a watershed assessment.
``(d) Application.--The Secretary shall apply the waiver amount
described in subsection (a) to reduce only the non-Federal share of
study and project costs.''.
SEC. 8115. TRIBAL AND ECONOMICALLY DISADVANTAGED COMMUNITIES ADVISORY
COMMITTEE.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a committee, to be
known as the ``Tribal and Economically Disadvantaged Communities
Advisory Committee'', to develop and make recommendations to the
Secretary and the Chief of Engineers on activities and actions that
should be undertaken by the Corps of Engineers to ensure more effective
delivery of water resources development projects, programs, and other
assistance to Indian Tribes and economically disadvantaged communities,
including economically disadvantaged communities located in urban and
rural areas.
(b) Membership.--The Committee shall be composed of members,
appointed by the Secretary, who have the requisite experiential or
technical knowledge needed to address issues related to the water
resources needs and challenges of economically disadvantaged
communities and Indian Tribes, including--
(1) 5 individuals representing organizations with expertise in
environmental policy, rural water resources, economically
disadvantaged communities, Tribal rights, or civil rights; and
(2) 5 individuals, each representing a non-Federal interest for
a Corps of Engineers project.
(c) Duties.--
(1) Recommendations.--The Committee shall provide advice and
make recommendations to the Secretary and the Chief of Engineers to
assist the Corps of Engineers in--
(A) efficiently and effectively delivering solutions to the
needs and challenges of water resources development projects
for economically disadvantaged communities and Indian Tribes;
(B) integrating consideration of economically disadvantaged
communities and Indian Tribes, where applicable, in the
development of water resources development projects and
programs of the Corps of Engineers; and
(C) improving the capability and capacity of the workforce
of the Corps of Engineers to assist economically disadvantaged
communities and Indian Tribes.
(2) Meetings.--The Committee shall meet as appropriate to
develop and make recommendations under paragraph (1).
(3) Report.--Recommendations made under paragraph (1) shall
be--
(A) included in a report submitted to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(B) made publicly available, including on a publicly
available website.
(d) Independent Judgment.--Any recommendation made by the Committee
to the Secretary and the Chief of Engineers under subsection (c)(1)
shall reflect the independent judgment of the Committee.
(e) Administration.--
(1) Compensation.--Except as provided in paragraph (3), the
members of the Committee shall serve without compensation.
(2) Travel expenses.--The members of the Committee shall
receive travel expenses, including per diem in lieu of subsistence,
in accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(3) Treatment.--The members of the Committee shall not be
considered to be Federal employees, and the meetings and reports of
the Committee shall not be considered a major Federal action under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(f) Definitions.--In this section:
(1) Committee.--The term ``Committee'' means the Tribal and
Economically Disadvantaged Communities Advisory Committee
established under subsection (a).
(2) Economically disadvantaged community.--The term
``economically disadvantaged community'' has the meaning given the
term as defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note).
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
SEC. 8116. WORKFORCE PLANNING.
(a) Authorization.--The Secretary is authorized to carry out
activities, at Federal expense--
(1) to foster, enhance, and support science, technology,
engineering, and math education and awareness; and
(2) to recruit individuals for careers at the Corps of
Engineers.
(b) Partnering Entities.--In carrying out activities under this
section, the Secretary may enter into partnerships with--
(1) public elementary and secondary schools, including charter
schools;
(2) community colleges;
(3) technical schools; and
(4) colleges and universities, including historically Black
colleges and universities.
(c) Prioritization.--The Secretary shall, to the maximum extent
practicable, prioritize the recruitment of individuals under this
section that are from economically disadvantaged communities (as
defined by the Secretary under section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note)), including economically
disadvantaged communities located in urban and rural areas.
(d) Definition of Historically Black College or University.--In
this section, the term ``historically Black college or university'' has
the meaning given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2023 through 2027.
SEC. 8117. CORPS OF ENGINEERS SUPPORT FOR UNDERSERVED COMMUNITIES;
OUTREACH.
(a) In General.--It is the policy of the United States for the
Corps of Engineers to strive to understand and accommodate and, in
coordination with non-Federal interests, seek to address the water
resources development needs of all communities in the United States.
(b) Outreach and Access.--
(1) In general.--The Secretary shall, at Federal expense,
develop, support, and implement public awareness, education, and
regular outreach and engagement efforts for potential non-Federal
interests with respect to the water resources development
authorities of the Secretary, with particular emphasis on--
(A) technical service programs, including the authorities
under--
(i) section 206 of the Flood Control Act of 1960 (33
U.S.C. 709a);
(ii) section 22 of the Water Resources Development Act
of 1974 (42 U.S.C. 1962d-16); and
(iii) section 203 of the Water Resources Development
Act of 2000 (33 U.S.C. 2269); and
(B) continuing authority programs, as such term is defined
in section 7001(c)(1)(D) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d).
(2) Implementation.--In carrying out this subsection, the
Secretary shall--
(A) develop and make publicly available (including on a
publicly available website), technical assistance materials,
guidance, and other information with respect to the water
resources development authorities of the Secretary;
(B) establish and make publicly available (including on a
publicly available website), an appropriate point of contact at
each district and division office of the Corps of Engineers for
inquiries from potential non-Federal interests relating to the
water resources development authorities of the Secretary;
(C) conduct regular outreach and engagement, including
through hosting seminars and community information sessions,
with local elected officials, community organizations, and
previous and potential non-Federal interests, on opportunities
to address local water resources challenges through the water
resources development authorities of the Secretary;
(D) issue guidance for, and provide technical assistance
through technical service programs to, non-Federal interests to
assist such interests in pursuing technical services and
developing proposals for water resources development projects;
and
(E) provide, at the request of a non-Federal interest,
assistance with researching and identifying existing project
authorizations or authorities to address local water resources
challenges.
(3) Prioritization.--In carrying out this subsection, the
Secretary shall, to the maximum extent practicable, prioritize
awareness, education, and outreach and engagement to economically
disadvantaged communities (as defined by the Secretary under
section 160 of the Water Resources Development Act of 2020 (33
U.S.C. 2201 note)), including economically disadvantaged
communities located in urban and rural areas.
(4) Authorization of appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each fiscal
year.
SEC. 8118. PILOT PROGRAMS FOR CERTAIN COMMUNITIES.
(a) Pilot Programs on the Formulation of Corps of Engineers
Projects in Rural Communities and Economically Disadvantaged
Communities.--Section 118 of the Water Resources Development Act of
2020 (33 U.S.C. 2201 note) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``publish'' and
inserting ``annually publish''; and
(B) in subparagraph (C), by striking ``select'' and
inserting ``, subject to the availability of appropriations,
annually select''; and
(2) in subsection (c)(2), in the matter preceding subparagraph
(A), by striking ``projects'' and inserting ``projects annually''.
(b) Pilot Program for Continuing Authority Projects in Small or
Disadvantaged Communities.--Section 165(a) of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note) is amended in paragraph
(2)(B), by striking ``10'' and inserting ``20''.
SEC. 8119. TECHNICAL ASSISTANCE.
(a) Planning Assistance to States.--Section 22 of the Water
Resources Development Act of 1974 (42 U.S.C. 1962d-16) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``local government,'' after ``State or
group of States,''; and
(ii) by inserting ``local government,'' after ``such
State, interest,'';
(B) in paragraph (3), by striking ``section 236 of title
10'' and inserting ``section 4141 of title 10''; and
(C) by adding at the end the following:
``(4) Prioritization.--To the maximum extent practicable, the
Secretary shall prioritize the provision of assistance under this
subsection to address both inland and coastal life safety risks.'';
(2) in subsection (c)(2), by striking ``$15,000,000'' and
inserting ``$30,000,000''; and
(3) in subsection (f)--
(A) by striking ``The cost-share for assistance'' and
inserting the following:
``(1) Tribes and territories.--The cost-share for assistance'';
and
(B) by adding at the end the following:
``(2) Economically disadvantaged communities.--Notwithstanding
subsection (b)(1) and the limitation in section 1156 of the Water
Resources Development Act of 1986, as applicable pursuant to
paragraph (1) of this subsection, the Secretary is authorized to
waive the collection of fees for any local government to which
assistance is provided under subsection (a) that the Secretary
determines is an economically disadvantaged community, as defined
by the Secretary under section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note) (including
economically disadvantaged communities located in urban and rural
areas).''.
(b) Watershed Planning and Technical Assistance.--In providing
assistance under section 22 of the Water Resources Development Act of
1974 (42 U.S.C. 1962d-16) or pursuant to section 206 of the Flood
Control Act of 1960 (33 U.S.C. 709a), the Secretary shall, upon
request, provide such assistance at a watershed scale.
SEC. 8120. TECHNICAL ASSISTANCE FOR LEVEE INSPECTIONS.
In any instance where the Secretary requires, as a condition of
eligibility for Federal assistance under section 5 of the Act of August
18, 1941 (33 U.S.C. 701n), that a non-Federal sponsor of a flood
control project undertake an electronic inspection of the portion of
such project that is under normal circumstances submerged, the
Secretary shall provide to the non-Federal sponsor credit or
reimbursement for the cost of carrying out such inspection against the
non-Federal share of the cost of repair or restoration of such project
carried out under such section.
SEC. 8121. ASSESSMENT OF CORPS OF ENGINEERS LEVEES.
(a) In General.--The Secretary shall periodically conduct
assessments of federally authorized levees under the jurisdiction of
the Corps of Engineers, to evaluate the potential Federal interest in
the modification (including realignment or incorporation of natural
features and nature-based features, as such terms are defined in
section 1184(a) of the Water Resources Development Act of 2016 (33
U.S.C. 2289a(a))) of levee systems to meet one or more of the following
objectives:
(1) Increasing the flood risk reduction benefits of such
systems.
(2) Achieving greater flood resiliency.
(3) Restoring hydrological and ecological connections with
adjacent floodplains that achieve greater environmental benefits
without undermining flood risk reduction or flood resiliency for
levee-protected communities.
(b) Levees Operated by Non-Federal Interests.--The Secretary shall
carry out an assessment under subsection (a) for a federally authorized
levee system operated by a non-Federal interest only if the non-Federal
interest--
(1) requests the assessment; and
(2) agrees to provide 50 percent of the cost of the assessment.
(c) Assessments.--
(1) Considerations.--In conducting an assessment under
subsection (a), the Secretary shall consider and identify, with
respect to each levee system--
(A) an estimate of the number of structures and population
at risk and protected by the levee system that would be
adversely impacted if the levee system fails or water levels
exceed the height of any levee segment within the levee system
(which may be the applicable estimate included in the levee
database established under section 9004 of the Water Resources
Development Act of 2007 (33 U.S.C. 3303), if available);
(B) the number of times the non-Federal interest has
received emergency flood-fighting or repair assistance under
section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) for
the levee system, and the total expenditures on postflood
repairs over the life of the levee system;
(C) the functionality of the levee system with regard to
higher precipitation levels, including due to changing climatic
conditions and extreme weather events;
(D) the potential costs and benefits (including
environmental benefits and implications for levee-protected
communities) from modifying the applicable levee system to
restore connections with adjacent floodplains; and
(E) available studies, information, literature, or data
from relevant Federal, State, or local entities.
(2) Prioritization.--In conducting an assessment under
subsection (a), the Secretary shall, to the maximum extent
practicable, prioritize levee systems--
(A) associated with an area that has been subject to
flooding in two or more events in any 10-year period; and
(B) for which the non-Federal interest has received
emergency flood-fighting or repair assistance under section 5
of the Act of August 18, 1941 (33 U.S.C. 701n) with respect to
such flood events.
(3) Scope.--The Secretary shall ensure that an assessment under
subsection (a) shall be similar in cost and scope to an initial
assessment prepared by the Secretary pursuant to section 216 of the
Flood Control Act of 1970 (33 U.S.C. 549a).
(d) Flood Plain Management Services.--In conducting an assessment
under subsection (a), the Secretary shall consider information on
floods and flood damages compiled under section 206 of the Flood
Control Act of 1960 (33 U.S.C. 709a).
(e) Report to Congress.--
(1) In general.--Not later than 18 months after the date of
enactment of this section, and periodically thereafter, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report on the results
of the assessments conducted under subsection (a).
(2) Inclusion.--The Secretary shall include in each report
submitted under paragraph (1)--
(A) identification of any levee system for which the
Secretary has conducted an assessment under subsection (a);
(B) a description of any opportunities identified under
such subsection for the modification of a levee system,
including the potential benefits of such modification for the
purposes identified under such subsection;
(C) information relating to the willingness and ability of
each applicable non-Federal interest to participate in a
modification to the relevant levee system, including by
obtaining any real estate necessary for the modification; and
(D) a summary of the information considered and identified
under subsection (c)(1).
(f) Incorporation of Information.--The Secretary shall include in
the levee database established under section 9004 of the Water
Resources Development Act of 2007 (33 U.S.C. 3303) the information
included in each report submitted under subsection (e), and make such
information publicly available (including on a publicly available
website).
(g) Levee System Defined.--In this section, the term ``levee
system'' has the meaning given that term in section 9002(9) of the
Water Resources Development Act of 2007 (33 U.S.C. 3301).
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, to remain available
until expended.
SEC. 8122. NATIONAL LOW-HEAD DAM INVENTORY.
The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is
amended by adding at the end the following:
``SEC. 15. NATIONAL LOW-HEAD DAM INVENTORY.
``(a) Definitions.--In this section:
``(1) Inventory.--The term `inventory' means the national low-
head dam inventory developed under subsection (b)(1)(A).
``(2) Low-head dam.--The term `low-head dam' means a river-wide
artificial barrier that generally spans a stream channel, blocking
the waterway and creating a backup of water behind the barrier,
with a drop off over the wall of not less than 6 inches and not
more than 25 feet.
``(b) National Low-Head Dam Inventory.--
``(1) In general.--Not later than 18 months after the date of
enactment of this section, the Secretary of the Army, in
consultation with the heads of appropriate Federal and State
agencies, shall--
``(A) develop an inventory of low-head dams in the United
States that includes--
``(i) the location, ownership, description, current
use, condition, height, and length of each low-head dam;
``(ii) any information on public safety conditions at
each low-head dam;
``(iii) public safety information on the dangers of
low-head dams;
``(iv) a directory of financial and technical
assistance resources available to reduce safety hazards and
fish passage barriers at low-head dams; and
``(v) any other relevant information concerning low-
head dams; and
``(B) submit the inventory to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
``(2) Data.--In carrying out this subsection, the Secretary
shall--
``(A) coordinate with Federal and State agencies and other
relevant entities; and
``(B) use data provided to the Secretary by those agencies
and entities.
``(3) Public availability.--The Secretary shall make the
inventory publicly available, including on a publicly available
website.
``(4) Updates.--The Secretary, in consultation with the heads
of appropriate Federal and State agencies, shall maintain and
periodically publish updates to the inventory.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $30,000,000.
``(d) Clarification.--Nothing in this section provides authority to
the Secretary to carry out an activity, with respect to a low-head dam,
that is not explicitly authorized under this section.''.
SEC. 8123. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.
Section 1008 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2321b) is amended--
(1) in subsection (b)(1), by inserting ``and to meet the
requirements of subsection (b)'' after ``projects'';
(2) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Implementation of Policy.--The Secretary shall--
``(1) ensure that the policy described in subsection (a) is
implemented nationwide in an efficient, consistent, and coordinated
manner; and
``(2) assess opportunities--
``(A) to increase the development of hydroelectric power at
existing water resources development projects of the Corps of
Engineers with hydroelectric facilities; and
``(B) to develop new hydroelectric power at existing
nonpowered water resources development projects of the Corps of
Engineers.''.
SEC. 8124. RESERVE COMPONENT TRAINING AT WATER RESOURCES DEVELOPMENT
PROJECTS.
(a) In General.--In carrying out military training activities or
otherwise fulfilling military training requirements, units or members
of a reserve component of the Armed Forces may perform services and
furnish supplies in support of a water resources development project or
program of the Corps of Engineers without reimbursement.
(b) Exception.--This section shall not apply to any member of a
reserve component of the Armed Forces who is employed by the Corps of
Engineers on a full-time basis.
SEC. 8125. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS FROM
APPROPRIATION FOR IMPROVEMENTS.
Section 36 of the Act of August 10, 1956 (33 U.S.C. 583a), is
amended--
(1) by striking ``Regular officers of the Corps of Engineers of
the Army, and reserve officers of the Army who are assigned to the
Corps of Engineers,'' and inserting the following:
``(a) In General.--The personnel described in subsection (b)''; and
(2) by adding at the end the following:
``(b) Personnel Described.--The personnel referred to in subsection
(a) are the following:
``(1) Regular officers of the Corps of Engineers of the Army.
``(2) The following members of the Army who are assigned to the
Corps of Engineers:
``(A) Reserve component officers.
``(B) Warrant officers (whether regular or reserve
component).
``(C) Enlisted members (whether regular or reserve
component).''.
SEC. 8126. MAINTENANCE DREDGING PERMITS.
(a) In General.--The Secretary shall, to the maximum extent
practicable, prioritize the reissuance of any regional general permit
for maintenance dredging under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) that expired prior to May 1,
2021.
(b) Savings Provision.--Nothing in this section affects any
obligation to comply with the provisions of any Federal or State
environmental law, including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 8127. ENVIRONMENTAL DREDGING.
(a) In General.--In carrying out the following projects, the
Secretary shall, to the maximum extent practicable, coordinate efforts
with the applicable non-Federal interest, the Administrator of the
Environmental Protection Agency, and the heads of other Federal, State,
and regional agencies responsible for the remediation of contaminated
sediments:
(1) The project for ecosystem restoration, South Fork of the
South Branch of the Chicago River, Bubbly Creek, Illinois,
authorized by section 401(5) of the Water Resources Development Act
of 2020 (134 Stat. 2740).
(2) The project for navigation, Columbia and Lower Willamette
Rivers, Oregon and Washington, authorized by section 101 of the
River and Harbor Act of 1962 (76 Stat. 1177), in the vicinity of
the Albina Turning Basin, River Mile 10, and the Post Office Bar,
Portland Harbor, River Mile 2.
(3) The project for aquatic ecosystem restoration, Mahoning
River, Ohio, being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330).
(4) The project for navigation, South Branch of the Chicago
River, Cook County, Illinois, in the vicinity of Collateral
Channel.
(5) The projects carried out under the Comprehensive Everglades
Restoration Plan, as authorized by or pursuant to section 601 of
the Water Resources Development Act of 2000 (114 Stat. 2680; 132
Stat. 3786), in the vicinity of Lake Okeechobee.
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this section, the Secretary and the Administrator of the
Environmental Protection Agency shall jointly submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
report on efforts to remove or remediate contaminated sediments
associated with the projects identified in subsection (a), including,
if applicable, any specific recommendations for actions or agreements
necessary to undertake such work.
(c) Limitation on Statutory Construction.--Nothing in this section
shall be construed to affect the rights and responsibilities of any
person under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
SEC. 8128. ASSESSMENT OF REGIONAL CONFINED AQUATIC DISPOSAL FACILITIES.
(a) Authority.--The Secretary is authorized to conduct assessments
of the availability of confined aquatic disposal facilities for the
disposal of contaminated dredged material.
(b) Information and Comment.--In conducting an assessment under
this section, the Secretary shall--
(1) solicit information from stakeholders on potential projects
that may require disposal of contaminated sediments in a confined
aquatic disposal facility;
(2) solicit information from the applicable division of the
Corps of Engineers on the need for confined aquatic disposal
facilities; and
(3) provide an opportunity for public comment.
(c) New England District Region Assessment.--In carrying out
subsection (a), the Secretary shall prioritize conducting an assessment
of the availability of confined aquatic disposal facilities in the New
England District region for the disposal of contaminated dredged
material in such region.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the results of any assessments conducted under this section, including
any recommendations of the Secretary for the construction of new
confined aquatic disposal facilities or expanded capacity for confined
aquatic disposal facilities.
(e) Definition.--In this section, the term ``New England District
region'' means the area located within the boundaries of the New
England District in the North Atlantic Division of the Corps of
Engineers.
SEC. 8129. STUDIES FOR PERIODIC NOURISHMENT.
(a) In General.--Section 156 of the Water Resources Development Act
of 1976 (42 U.S.C. 1962d-5f) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``15'' and inserting
``50''; and
(B) in paragraph (2), by striking ``15''; and
(2) in subsection (e)--
(A) by striking ``10-year period'' and inserting ``16-year
period''; and
(B) by striking ``6 years'' and inserting ``12 years''.
(b) Indian River Inlet Sand Bypass Plant.--For purposes of the
project for hurricane-flood protection and beach erosion control at
Indian River Inlet, Delaware, commonly known as the ``Indian River
Inlet Sand Bypass Plant'', authorized by section 869 of the Water
Resources Development Act of 1986 (100 Stat. 4182), a study carried out
under section 156(b) of the Water Resources Development Act of 1976 (42
U.S.C. 1962d-5f(b)) shall consider as an alternative for periodic
nourishment continued reimbursement of the Federal share of the cost to
the non-Federal interest for the project to operate and maintain the
sand bypass plant.
SEC. 8130. BENEFICIAL USE OF DREDGED MATERIAL; MANAGEMENT PLANS.
(a) Strategic Plan on Beneficial Use of Dredged Material.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works
of the Senate a strategic plan that identifies opportunities and
challenges relating to furthering the policy of the United States
to maximize the beneficial use of suitable dredged material
obtained from the construction or operation and maintenance of
water resources development projects, as described in section
125(a)(1) of the Water Resources Development Act of 2020 (33 U.S.C.
2326g).
(2) Consultation.--In developing the strategic plan under
paragraph (1), the Secretary shall--
(A) consult with relevant Federal agencies involved in the
beneficial use of dredged material;
(B) solicit and consider input from State and local
governments and Indian Tribes, while seeking to ensure a
geographic diversity of input from the various Corps of
Engineers divisions; and
(C) consider input received from other stakeholders
involved in beneficial use of dredged material.
(3) Inclusion.--The Secretary shall include in the strategic
plan developed under paragraph (1)--
(A) identification of any specific barriers and conflicts
that the Secretary determines impede the maximization of
beneficial use of dredged material at the Federal, State, and
local level, and any recommendations of the Secretary to
address such barriers and conflicts;
(B) identification of specific measures to improve
interagency and Federal, State, local, and Tribal
communications and coordination to improve implementation of
section 125(a) of the Water Resources Development Act of 2020
(33 U.S.C. 2326g); and
(C) identification of methods to prioritize the use of
dredged material to benefit water resources development
projects in areas experiencing vulnerabilities to coastal land
loss.
(b) Dredged Material Management Plans for Harbors in the State of
Ohio.--
(1) In general.--
(A) Formulation of plan.--In developing each dredged
material management plan for a federally authorized harbor in
the State of Ohio, including any such plan under development on
the date of enactment of this Act, each District Commander
shall include, as a constraint on the formulation of the base
plan and any alternatives, a prohibition consistent with
section 105 of the Energy and Water Development and Related
Agencies Appropriations Act, 2022 (Public Law 117-103; 136
Stat. 217) on the use of funds for open-lake disposal of
dredged material.
(B) Maximization of beneficial use.--Each dredged material
management plan for a federally authorized harbor in the State
of Ohio, including any such dredged material management plan
under development on the date of enactment of this Act, shall
maximize the beneficial use of dredged material under the base
plan and under section 204(d) of the Water Resources
Development Act of 1992 (33 U.S.C. 2326(d)).
(2) Savings provision.--Nothing in this subsection prohibits
the use of funds for open-lake disposal of dredged material if such
use is not otherwise prohibited by law.
SEC. 8131. CRITERIA FOR FUNDING OPERATION AND MAINTENANCE OF SMALL,
REMOTE, AND SUBSISTENCE HARBORS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop specific criteria
for the annual evaluation and ranking of maintenance dredging
requirements for small harbors and remote and subsistence harbors,
taking into account the following:
(1) The contribution of a harbor to the local and regional
economy.
(2) The extent to which a harbor has deteriorated since the
last cycle of maintenance dredging.
(3) Public safety concerns.
(b) Inclusion in Guidance.--The Secretary shall include the
criteria developed under subsection (a) in the annual Civil Works
Direct Program Development Policy Guidance of the Secretary.
(c) Report to Congress.--The Secretary shall include in each
biennial report submitted under section 210(e)(3) of the Water
Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) a ranking of
projects in accordance with the criteria developed under subsection (a)
of this section.
(d) Definitions.--In this section:
(1) Remote and subsistence harbor.--The term ``remote and
subsistence harbor'' means a harbor with respect to which section
2006 of the Water Resources Development Act of 2007 (33 U.S.C.
2242) applies, as determined by the Secretary.
(2) Small harbor.--The term ``small harbor'' includes an
emerging harbor, as such term is defined in section 210 of the
Water Resources Development Act of 1986 (33 U.S.C. 2238).
SEC. 8132. ADDITIONAL PROJECTS FOR UNDERSERVED COMMUNITY HARBORS.
(a) In General.--Subject to the availability of appropriations
designated by statute as being for the purpose of carrying out this
section, the Secretary may carry out projects for underserved community
harbors for purposes of sustaining water-dependent commercial and
recreational activities at such harbors.
(b) Beneficial Use.--
(1) Justification.--The Secretary may carry out a project under
this section involving a disposal option for the beneficial use of
dredged material that is not the least cost disposal option if the
Secretary determines that the incremental cost of the disposal
option is reasonable pursuant to the standard described in section
204(d)(1) of the Water Resources Development Act of 1992 (33 U.S.C.
2326(d)(1)).
(2) Cost share.--The non-Federal share of the incremental cost
of a project carried out under this section involving a disposal
option for the beneficial use of dredged material that is not the
least cost disposal option shall be determined as provided under
subsections (a) through (d) of section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213).
(c) Prioritization.--The Secretary shall prioritize carrying out
projects using funds made available under this section based on an
assessment of--
(1) the local or regional economic benefits of the project;
(2) the environmental benefits of the project, including the
benefits to the aquatic environment to be derived from the creation
of wetland and control of shoreline erosion; and
(3) other social effects of the project, including protection
against loss of life and contributions to local or regional
cultural heritage.
(d) Clarification.--The Secretary shall not require the non-Federal
interest for a project carried out under this section to perform
additional operation and maintenance activities at the beneficial use
placement site or the disposal site for such project as a condition of
receiving assistance under this section.
(e) Federal Participation Limit.--The Federal share of the cost of
a project under this section shall not exceed $10,000,000.
(f) Statutory Construction.--Projects carried out under this
section shall be in addition to operation and maintenance activities
otherwise carried out by the Secretary for underserved community
harbors using funds appropriated pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238) or section 102(a) of
the Water Resources Development Act of 2020 (33 U.S.C. 2238 note).
(g) Definitions.--In this section:
(1) Project.--The term ``project'' means a single cycle of
maintenance dredging of an underserved community harbor and any
associated placement of dredged material at a beneficial use
placement site or disposal site.
(2) Underserved community harbor.--The term ``underserved
community harbor'' means an emerging harbor (as defined in section
210(f) of the Water Resources Development Act of 1986 (33 U.S.C.
2238(f))) for which--
(A) no Federal funds have been obligated for maintenance
dredging in the current fiscal year or in any of the 4
preceding fiscal years; and
(B) State and local investments in infrastructure have been
made during any of the 4 preceding fiscal years.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $50,000,000 from the General Fund of the
Treasury for each of fiscal years 2023 through 2026, to be
deposited into the ``corps of engineers--civil--operation and
maintenance'' account.
(2) Special rule.--Not less than 35 percent of the amounts made
available to carry out this section for each fiscal year shall be
used for projects involving the beneficial use of dredged material.
SEC. 8133. INLAND WATERWAYS REGIONAL DREDGE PILOT PROGRAM.
(a) In General.--The Secretary is authorized to establish a pilot
program (referred to in this section as the ``pilot program'') to
conduct a multiyear demonstration program to award contracts with a
duration of up to 5 years for dredging projects on inland waterways of
the United States described in section 206 of the Inland Waterways
Revenue Act of 1978 (33 U.S.C. 1804).
(b) Purposes.--The purposes of the pilot program shall be to--
(1) increase the reliability, availability, and efficiency of
federally owned and federally operated inland waterways projects;
(2) decrease operational risks across the inland waterways
system; and
(3) provide cost savings by combining work across multiple
projects across different accounts of the Corps of Engineers.
(c) Demonstration.--
(1) In general.--The Secretary shall, to the maximum extent
practicable, award contracts for projects under subsection (a) that
combine work for construction and operation and maintenance.
(2) Projects.--In awarding contracts under paragraph (1), the
Secretary shall consider projects that--
(A) improve navigation reliability on inland waterways that
are accessible year-round;
(B) increase freight capacity on inland waterways; and
(C) have the potential to enhance the availability of
containerized cargo on inland waterways.
(d) Savings Clause.--Nothing in this section affects the
responsibility of the Secretary with respect to the construction and
operation and maintenance of projects on the inland waterways system.
(e) Report to Congress.--Not later than 1 year after the date on
which the first contract is awarded pursuant to the pilot program, the
Secretary shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that evaluates, with respect to
the pilot program and any contracts awarded under the pilot program--
(1) cost-effectiveness;
(2) reliability and performance;
(3) cost savings attributable to mobilization and
demobilization of dredge equipment; and
(4) response times to address navigational impediments.
(f) Sunset.--The authority of the Secretary to enter into contracts
pursuant to the pilot program shall expire on the date that is 10 years
after the date of enactment of this Act.
SEC. 8134. NEPA REPORTING.
(a) Definitions.--In this section:
(1) Categorical exclusion.--The term ``categorical exclusion''
has the meaning given the term in section 1508.1 of title 40, Code
of Federal Regulations (or a successor regulation).
(2) Environmental assessment.--The term ``environmental
assessment'' has the meaning given the term in section 1508.1 of
title 40, Code of Federal Regulations (or a successor regulation).
(3) Environmental impact statement.--The term ``environmental
impact statement'' means a detailed written statement required
under section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)).
(4) Finding of no significant impact.--The term ``finding of no
significant impact'' has the meaning given the term in section
1508.1 of title 40, Code of Federal Regulations (or a successor
regulation).
(5) Project study.--The term ``project study'' means a
feasibility study for a project carried out pursuant to section 905
of the Water Resources Development Act of 1986 (33 U.S.C. 2282) for
which a categorical exclusion may apply, or an environmental
assessment or an environmental impact statement is required,
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(b) Reports.--
(1) NEPA data.--
(A) In general.--The Secretary shall carry out a process to
track, and annually submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives, a report
containing the information described in subparagraph (B).
(B) Information described.--The information referred to in
subparagraph (A) is, with respect to the Corps of Engineers--
(i) the number of project studies for which a
categorical exclusion was used during the reporting period;
(ii) the number of project studies for which the
decision to use a categorical exclusion, to prepare an
environmental assessment, or to prepare an environmental
impact statement is pending on the date on which the report
is submitted;
(iii) the number of project studies for which an
environmental assessment was issued during the reporting
period, broken down by whether a finding of no significant
impact, if applicable, was based on mitigation;
(iv) the length of time the Corps of Engineers took to
complete each environmental assessment described in clause
(iii);
(v) the number of project studies pending on the date
on which the report is submitted for which an environmental
assessment is being drafted;
(vi) the number of project studies for which an
environmental impact statement was issued during the
reporting period;
(vii) the length of time the Corps of Engineers took to
complete each environmental impact statement described in
clause (vi); and
(viii) the number of project studies pending on the
date on which the report is submitted for which an
environmental impact statement is being drafted.
(2) Public access to nepa reports.--The Secretary shall make
each annual report required under paragraph (1) publicly available
(including on a publicly available website).
SEC. 8135. FUNDING TO PROCESS PERMITS.
Section 214(a)(2) of the Water Resources Development Act of 2000
(33 U.S.C. 2352(a)(2)) is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(A) In general.--The Secretary''; and
(2) by adding at the end the following:
``(B) Mitigation bank instrument processing.--An activity
carried out by the Secretary to expedite evaluation of a permit
described in subparagraph (A) may include the evaluation of an
instrument for a mitigation bank if--
``(i) the non-Federal public entity, public-utility
company, natural gas company, or railroad carrier applying
for the permit described in that subparagraph is the
sponsor of the mitigation bank; and
``(ii) expediting evaluation of the instrument is
necessary to expedite evaluation of the permit described in
that subparagraph.''.
SEC. 8136. LEASE DURATIONS.
The Secretary shall issue guidance on the circumstances under which
a lease under section 2667 of title 10, United States Code, or section
4 of the Act of December 22, 1944 (16 U.S.C. 460d), with a term in
excess of 25 years is appropriate and in the public interest.
SEC. 8137. REFORESTATION.
The Secretary is encouraged to consider measures to restore swamps
and other wetland forests in carrying out studies for water resources
development projects for ecosystem restoration, flood risk management,
and hurricane and storm damage risk reduction.
SEC. 8138. EMERGENCY STREAMBANK AND SHORELINE PROTECTION.
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is
amended--
(1) by inserting ``lighthouses (including those lighthouses
with historical value),'' after ``bridge approaches,''; and
(2) by striking ``$5,000,000'' and inserting ``$10,000,000''.
SEC. 8139. LEASE DEVIATIONS.
The Secretary shall fully implement the requirements of section 153
of the Water Resources Development Act of 2020 (134 Stat. 2658).
SEC. 8140. POLICY AND TECHNICAL STANDARDS.
Every 5 years, the Secretary shall revise, rescind, or certify as
current, as applicable, each policy and technical standards publication
for the civil works programs of the Corps of Engineers, including each
engineer regulation, engineer circular, engineer manual, engineer
pamphlet, engineer technical letter, planning guidance letter, policy
guidance letter, planning bulletin, and engineering and construction
bulletin.
SEC. 8141. CORPS RECORDS RELATING TO HARMFUL ALGAL BLOOMS IN LAKE
OKEECHOBEE, FLORIDA.
(a) Service Records.--The Secretary shall indicate in the service
record of a member or employee of the Corps of Engineers who performs
covered duty that such member or employee was exposed to microcystin in
the line of duty.
(b) Covered Duty Defined.--In this section, the term ``covered
duty'' means duty performed--
(1) during a period when the Florida Department of
Environmental Protection has determined that there is a
concentration of microcystin of greater than 8 parts per billion in
the waters of Lake Okeechobee resulting from a harmful algal bloom
in such lake; and
(2) at or near any of the following structures:
(A) S-77.
(B) S-78.
(C) S-79.
(D) S-80.
(E) S-308.
SEC. 8142. FORECASTING MODELS FOR THE GREAT LAKES.
(a) Authorization.--There is authorized to be appropriated to the
Secretary $10,000,000 to complete and maintain a model suite to
forecast water levels, account for water level variability, and account
for the impacts of extreme weather events and other natural disasters
in the Great Lakes.
(b) Savings Provision.--Nothing in this section precludes the
Secretary from using funds made available pursuant to the Great Lakes
Restoration Initiative established by section 118(c)(7) of the Federal
Water Pollution Control Act (33 U.S.C. 1268(c)(7)) for activities
described in subsection (a) for the Great Lakes, in addition to
carrying out activities under this section.
SEC. 8143. MONITORING AND ASSESSMENT PROGRAM FOR SALINE LAKES IN THE
GREAT BASIN.
(a) In General.--The Secretary is authorized to carry out a program
(referred to in this subsection as the ``program'') to monitor and
assess the hydrology of saline lake ecosystems in the Great Basin,
including the Great Salt Lake, to inform and support Federal and non-
Federal management and conservation activities to benefit those
ecosystems.
(b) Coordination.--The Secretary shall coordinate implementation of
the program with relevant--
(1) Federal and State agencies;
(2) Indian Tribes;
(3) local governments; and
(4) nonprofit organizations.
(c) Contracts and Cooperative Agreements.--The Secretary is
authorized to use contracts, cooperative agreements, or any other
authorized means to work with institutions of higher education and with
entities described in subsection (b) to implement the program.
(d) Update.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress an update on the
progress of the Secretary in carrying out the program.
(e) Additional Information.--In carrying out the program, the
Secretary may use available studies, information, literature, or data
on the Great Basin region published by relevant Federal, State, Tribal,
or local governmental entities.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 8144. CHATTAHOOCHEE RIVER PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program to
provide environmental assistance to non-Federal interests in the
Chattahoochee River Basin.
(2) Form.--
(A) In general.--The assistance provided under paragraph
(1) shall be in the form of design and construction assistance
for water-related resource protection and restoration projects
affecting the Chattahoochee River Basin, based on the
comprehensive plan developed under subsection (b).
(B) Assistance.--Projects for which assistance is provided
under subparagraph (A) may include--
(i) projects for--
(I) sediment and erosion control;
(II) protection of eroding shorelines;
(III) ecosystem restoration, including restoration
of submerged aquatic vegetation;
(IV) protection of essential public works;
(V) wastewater treatment, and related facilities;
and
(VI) beneficial uses of dredged material; and
(ii) other related projects that may enhance the living
resources of the Chattahoochee River Basin.
(b) Comprehensive Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in cooperation with State and
local governmental officials and affected stakeholders, shall
develop a comprehensive Chattahoochee River Basin restoration plan
to guide the implementation of projects under this section.
(2) Coordination.--The comprehensive plan developed under
paragraph (1) shall, to the maximum extent practicable, consider
and avoid duplication of any ongoing or planned actions of other
Federal, State, and local agencies and nongovernmental
organizations.
(3) Prioritization.--The comprehensive plan developed under
paragraph (1) shall give priority to projects described in
subsection (a)(2) that will improve water quality or quantity or
use a combination of structural and nonstructural measures,
including alternatives that use natural features or nature-based
features (as such terms are defined in section 1184 of the Water
Resources Development Act of 2016 (32 U.S.C. 2289a)).
(c) Agreement.--
(1) In general.--Before providing assistance for a project
under this section, the Secretary shall enter into an agreement
with a non-Federal interest for the design and construction of the
project.
(2) Requirements.--Each agreement entered into under this
subsection shall provide for--
(A) the development by the Secretary, in consultation with
appropriate Federal, State, and local officials, of a resource
protection and restoration plan, including appropriate
engineering plans and specifications and an estimate of
expected resource benefits; and
(B) the establishment of such legal and institutional
structures as are necessary to ensure the effective long-term
operation and maintenance of the project by the non-Federal
interest.
(d) Cost Sharing.--
(1) Federal share.--The Federal share of the cost to design and
construct a project under each agreement entered into under this
section shall be 75 percent.
(2) Non-federal share.--
(A) Value of land, easements, rights-of-way, and
relocations.--In determining the non-Federal contribution
toward carrying out an agreement entered into under this
section, the Secretary shall provide credit to a non-Federal
interest for the value of land, easements, rights-of-way, and
relocations provided by the non-Federal interest, except that
the amount of credit provided for a project under this
paragraph may not exceed 25 percent of the total project costs.
(B) Operation and maintenance costs.--The non-Federal share
of the costs of operation and maintenance of a project carried
out under an agreement under this section shall be 100 percent.
(e) Projects on Federal Land.--
(1) In general.--Except as provided in paragraph (2), a project
carried out pursuant to the comprehensive plan developed under
subsection (b) that is located on Federal land shall be carried out
at the expense of the Federal agency that owns the land on which
the project will be carried out.
(2) Non-federal contribution.--A Federal agency carrying out a
project described in paragraph (1) may accept contributions of
funds from non-Federal interests to carry out that project.
(f) Cooperation.--In carrying out this section, the Secretary shall
cooperate with--
(1) the heads of appropriate Federal agencies, including--
(A) the Administrator of the Environmental Protection
Agency;
(B) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
(C) the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service; and
(D) the heads of such other Federal agencies as the
Secretary determines to be appropriate; and
(2) agencies of any relevant State or political subdivision of
a State.
(g) Protection of Resources.--A project established under this
section shall be carried out using such measures as are necessary to
protect environmental, historic, and cultural resources.
(h) Projects Requiring Specific Authorization.--If the Federal
share of the cost to design and construct a project under this section
exceeds $15,000,000, the Secretary may only carry out the project if
Congress enacts a law authorizing the Secretary to carry out the
project.
(i) Savings Provision.--Nothing in this section--
(1) establishes any express or implied reserved water right in
the United States for any purpose;
(2) affects any water right in existence on the date of
enactment of this Act;
(3) preempts or affects any State water law or interstate
compact governing water; or
(4) affects any Federal or State law in existence on the date
of enactment of this Act regarding water quality or water quantity.
(j) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that describes
the results of the program established under this section.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 8145. LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program to
provide environmental assistance to non-Federal interests in the
Lower Mississippi River Basin.
(2) Form.--
(A) In general.--The assistance under paragraph (1) shall
be in the form of design and construction assistance for flood
or coastal storm risk management or aquatic ecosystem
restoration projects in the Lower Mississippi River Basin based
on the comprehensive plan developed under subsection (b).
(B) Assistance.--Projects for which assistance is provided
under subparagraph (A) may include--
(i) projects for--
(I) sediment and erosion control;
(II) protection of eroding riverbanks and
streambanks and shorelines;
(III) ecosystem restoration;
(IV) channel modifications; and
(V) beneficial uses of dredged material; and
(ii) other related projects that may enhance the living
resources of the Lower Mississippi River Basin.
(b) Comprehensive Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in cooperation with State and
local governmental officials and affected stakeholders, shall
develop a comprehensive Lower Mississippi River Basin restoration
plan to guide the implementation of projects under this section.
(2) Coordination.--The comprehensive plan developed under
paragraph (1) shall, to the maximum extent practicable, consider
and avoid duplication of any ongoing or planned actions of other
Federal, State, and local agencies and nongovernmental
organizations.
(3) Prioritization.--The comprehensive plan developed under
paragraph (1) shall give priority to projects described in
subsection (a)(2) that will improve water quality, reduce hypoxia
in the Lower Mississippi River or the Gulf of Mexico, or use a
combination of structural and nonstructural measures, including
alternatives that use natural features or nature-based features (as
such terms are defined in section 1184 of the Water Resources
Development Act of 2016 (32 U.S.C. 2289a)).
(c) Agreement.--
(1) In general.--Before providing assistance for a project
under this section, the Secretary shall enter into an agreement
with a non-Federal interest for the design and construction of the
project.
(2) Requirements.--Each agreement entered into under this
subsection shall provide for--
(A) the development by the Secretary, in consultation with
appropriate Federal, State, and local officials, of a resource
protection and restoration plan, including appropriate
engineering plans and specifications and an estimate of
expected resource benefits; and
(B) the establishment of such legal and institutional
structures as are necessary to ensure the effective long-term
operation and maintenance of the project by the non-Federal
interest.
(d) Cost Sharing.--
(1) Federal share.--The Federal share of the cost to design and
construct a project under each agreement entered into under this
section shall be 75 percent.
(2) Non-federal share.--
(A) Value of land, easements, rights-of-way, and
relocations.--In determining the non-Federal contribution
toward carrying out an agreement entered into under this
section, the Secretary shall provide credit to a non-Federal
interest for the value of land, easements, rights-of-way, and
relocations provided by the non-Federal interest, except that
the amount of credit provided for a project under this
paragraph may not exceed 25 percent of the total project costs.
(B) Operation and maintenance costs.--The non-Federal share
of the costs of operation and maintenance of a project carried
out under an agreement under this section shall be 100 percent.
(e) Projects on Federal Land.--
(1) In general.--Except as provided in paragraph (2), a project
carried out pursuant to the comprehensive plan developed under
subsection (b) that is located on Federal land shall be carried out
at the expense of the Federal agency that owns the land on which
the project will be carried out.
(2) Non-federal contribution.--A Federal agency carrying out a
project described in paragraph (1) may accept contributions of
funds from non-Federal interests to carry out that project.
(f) Cooperation.--In carrying out this section, the Secretary shall
cooperate with--
(1) the heads of appropriate Federal agencies, including--
(A) the Secretary of Agriculture;
(B) the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service; and
(C) the heads of such other Federal agencies as the
Secretary determines to be appropriate; and
(2) agencies of any relevant State or political subdivision of
a State.
(g) Protection of Resources.--A project established under this
section shall be carried out using such measures as are necessary to
protect environmental, historic, and cultural resources.
(h) Projects Requiring Specific Authorization.--If the Federal
share of the cost to design and construct a project under this section
exceeds $15,000,000, the Secretary may only carry out the project if
Congress enacts a law authorizing the Secretary to carry out the
project.
(i) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that describes
the results of the program established under this section.
(j) Definition.--In this section, the term ``Lower Mississippi
River Basin'' means the portion of the Mississippi River that begins at
the confluence of the Ohio River and flows to the Gulf of Mexico, and
its tributaries and distributaries.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 8146. WASHINGTON AQUEDUCT.
(a) Capital Improvement Authority.--The Secretary may carry out
capital improvements for the Washington Aqueduct that the Secretary
determines necessary for the safe, effective, and efficient operation
of the Aqueduct.
(b) Borrowing Authority.--
(1) In general.--Subject to paragraphs (2) through (4) and
subsection (c), the Secretary is authorized to borrow from the
Treasury of the United States such amounts as are sufficient to
cover any obligations that will be incurred by the Secretary in
carrying out capital improvements for the Washington Aqueduct under
subsection (a).
(2) Limitation.--The amount borrowed by the Secretary under
paragraph (1) may not exceed $40,000,000 in any fiscal year.
(3) Agreement.--Amounts borrowed under paragraph (1) may only
be used to carry out capital improvements with respect to which the
Secretary has entered into an agreement with each customer.
(4) Terms of borrowing.--
(A) In general.--Subject to subsection (c), the Secretary
of the Treasury shall provide amounts borrowed under paragraph
(1) under such terms and conditions as the Secretary of
Treasury determines to be necessary and in the public interest.
(B) Term.--The term of any loan made under paragraph (1)
shall be for a period of not less than 20 years.
(C) Prepayment.--There shall be no penalty for the
prepayment of any amounts borrowed under paragraph (1).
(c) Contracts With Customers.--
(1) In general.--The Secretary may not borrow any amounts under
subsection (b) until such time as the Secretary has entered into a
contract with each customer under which the customer commits to pay
a pro rata share (based on water purchase) of the principal and
interest owed to the Secretary of the Treasury under subsection
(b).
(2) Prepayment.--Any customer may pay, in advance, the pro rata
share of the principal and interest owed by the customer, or any
portion thereof, without penalty.
(3) Risk of default.--A customer that enters into a contract
under this subsection shall, as a condition of the contract, commit
to pay any additional amount necessary to fully offset the risk of
default on the contract.
(4) Obligations.--Each contract entered into under paragraph
(1) shall include such terms and conditions as the Secretary of the
Treasury may require so that the total value to the Government of
all contracts entered into under paragraph (1) is estimated to be
equal to the obligations of the Secretary for carrying out capital
improvements for the Washington Aqueduct.
(5) Other conditions.--Each contract entered into under
paragraph (1) shall--
(A) include other conditions consistent with this section
that the Secretary and the Secretary of the Treasury determine
to be appropriate; and
(B) provide the United States priority in regard to income
from fees assessed to operate and maintain the Washington
Aqueduct.
(d) Customer Defined.--In this section, the term ``customer''
means--
(1) the District of Columbia;
(2) Arlington County, Virginia; and
(3) Fairfax County, Virginia.
SEC. 8147. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP PILOT
PROGRAM.
Section 5014 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2201 note) is amended--
(1) in subsection (a), by striking ``aquatic''; and
(2) in subsection (d)(1), by inserting ``ecosystem
restoration,'' after ``flood damage reduction,''.
SEC. 8148. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT FOR CERTAIN FEDERAL
COSTS.
(a) In General.--The Secretary is authorized to provide in advance
to a non-Federal interest the Federal share of funds required for the
acquisition of land, easements, and rights-of-way and the performance
of relocations for a water resources development project or a separable
element of a water resources development project--
(1) that is authorized to be constructed at Federal expense;
(2) for which the Secretary has determined under section
103(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C.
2213(b)(2)) that additional costs are a Federal responsibility; or
(3) that is listed in subsection (b), if at any time the cost
to acquire the land, easements, and rights-of-way required for the
project is projected to exceed the non-Federal share of the cost of
the project.
(b) Listed Projects.--The projects referred to in subsection (a)(3)
are the following:
(1) Project for hurricane and storm damage risk reduction,
Delaware Beneficial Use of Dredged Material for the Delaware River,
Delaware, authorized by section 401(3) of the Water Resources
Development Act of 2020 (134 Stat. 2736), as modified by this Act.
(2) Project for ecosystem restoration, Mississippi River Gulf
Outlet, Louisiana, authorized by section 7013(a)(4) of the Water
Resources Development Act of 2007 (121 Stat. 1281), as modified by
this Act.
(3) Project for ecosystem restoration, Great Lakes and
Mississippi River Interbasin project, Brandon Road, Will County,
Illinois, authorized by title IV of the Water Resources Development
Act of 2020 (134 Stat. 2740), as modified by this Act.
(4) Project for navigation, Port of Nome, Alaska, authorized by
section 401(1) of the Water Resources Development Act of 2020 (134
Stat. 2733), as modified by this Act.
(5) Project for storm damage reduction and shoreline erosion
protection, Lake Michigan, Illinois, from Wilmette, Illinois, to
the Illinois-Indiana State line, authorized by section 101(a)(12)
of the Water Resources Development Act of 1996 (110 Stat. 3664), as
modified by this Act.
(6) Project for flood control, Milton, West Virginia,
authorized by section 580 of the Water Resources Development Act of
1996 (110 Stat. 3790; 114 Stat. 2612; 121 Stat. 1154), as modified
by this Act.
(7) Project for coastal storm risk management, South Shore of
Staten Island, Fort Wadsworth to Oakwood Beach, New York, as
authorized by this Act.
SEC. 8149. USE OF OTHER FEDERAL FUNDS.
Section 2007 of the Water Resources Development Act of 2007 (33
U.S.C. 2222) is amended--
(1) by striking ``water resources study or project'' and
inserting ``water resources development study or project, including
a study or project under a continuing authority program (as defined
in section 7001(c)(1)(D) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d(c)(1)(D))) and a study or
project under an environmental infrastructure assistance
program,''; and
(2) by striking ``if the Federal agency that provides the funds
determines that the funds are authorized to be used to carry out
the study or project.'' and inserting the following: ``if--
``(1) the statutory authority for the funds provided by the
Federal agency does not expressly prohibit use of the funds for a
study or project of the Corps of Engineers; and
``(2) the Federal agency that provides the funds determines
that the study or project activities for which the funds will be
used are otherwise eligible for funding under such statutory
authority.''.
SEC. 8150. NON-FEDERAL INTEREST ADVISORY COMMITTEE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall establish a committee, to be known as
the ``Non-Federal Interest Advisory Committee'' and referred to in this
section as the ``Committee'', to develop and make recommendations to
the Secretary and the Chief of Engineers on activities and actions that
should be undertaken by the Corps of Engineers to ensure more effective
and efficient delivery of water resources development projects,
programs, and other assistance.
(b) Membership.--
(1) In general.--The Committee shall be composed of the members
described in paragraph (2), who shall--
(A) be appointed by the Secretary; and
(B) have the requisite experiential or technical knowledge
needed to address issues related to water resources needs and
challenges.
(2) Representatives.--The members of the Committee shall
include the following:
(A) 1 representative of each of the following:
(i) A non-Federal interest for a project for navigation
for an inland harbor.
(ii) A non-Federal interest for a project for
navigation for a harbor.
(iii) A non-Federal interest for a project for flood
risk management.
(iv) A non-Federal interest for a project for coastal
storm risk management.
(v) A non-Federal interest for a project for aquatic
ecosystem restoration.
(B) 1 representative of each of the following:
(i) A non-Federal stakeholder with respect to inland
waterborne transportation.
(ii) A non-Federal stakeholder with respect to water
supply.
(iii) A non-Federal stakeholder with respect to
recreation.
(iv) A non-Federal stakeholder with respect to
hydropower.
(v) A non-Federal stakeholder with respect to emergency
preparedness, including coastal protection.
(C) 1 representative of each of the following:
(i) An organization with expertise in conservation.
(ii) An organization with expertise in environmental
policy.
(iii) An organization with expertise in rural water
resources.
(c) Duties.--
(1) Recommendations.--The Committee shall provide advice and
make recommendations to the Secretary and the Chief of Engineers to
assist the Corps of Engineers in--
(A) efficiently and effectively delivering water resources
development projects;
(B) improving the capability and capacity of the workforce
of the Corps of Engineers to deliver such projects and other
assistance;
(C) improving the capacity and effectiveness of Corps of
Engineers consultation and liaison roles in communicating water
resources needs and solutions, including regionally specific
recommendations; and
(D) strengthening partnerships with non-Federal interests
to advance water resources solutions.
(2) Meetings.--The Committee shall meet as appropriate to
develop and make recommendations under paragraph (1).
(3) Report.--Recommendations made under paragraph (1) shall
be--
(A) included in a report submitted to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(B) made publicly available, including on a publicly
available website.
(d) Independent Judgment.--Any recommendation made by the Committee
to the Secretary and the Chief of Engineers under subsection (c)(1)
shall reflect the independent judgment of the Committee.
(e) Administration.--
(1) Compensation.--Except as provided in paragraph (2), the
members of the Committee shall serve without compensation.
(2) Travel expenses.--The members of the Committee shall
receive travel expenses, including per diem in lieu of subsistence,
in accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(3) Treatment.--The members of the Committee shall not be
considered to be Federal employees, and the meetings and reports of
the Committee shall not be considered a major Federal action under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
SEC. 8151. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, RESTORATION, OR
REHABILITATION OF CERTAIN PUBLIC RECREATION FACILITIES.
(a) Authorization.--During a period of low water at an eligible
public recreation facility, the Secretary is authorized to--
(1) accept and use materials, services, and funds from a non-
Federal interest to repair, restore, or rehabilitate the facility;
and
(2) reimburse the non-Federal interest for the Federal share of
the materials, services, or funds.
(b) Requirement.--The Secretary may not reimburse a non-Federal
interest for the use of materials or services accepted under this
section unless the materials or services--
(1) meet the specifications of the Secretary; and
(2) comply with all applicable laws and regulations that would
apply if the materials and services were acquired by the Secretary,
including subchapter IV of chapter 31 and chapter 37 of title 40,
United States Code, and section 8302 of title 41, United States
Code.
(c) Agreement.--Before the acceptance of materials, services, or
funds under this section, the Secretary and the non-Federal interest
shall enter into an agreement that--
(1) specifies that the non-Federal interest shall hold and save
the United States free from liability for any and all damages that
arise from use of materials or services of the non-Federal
interest, except for damages due to the fault or negligence of the
United States or its contractors;
(2) requires that the non-Federal interest certify that the
materials or services comply with the applicable laws and
regulations described in subsection (b)(2); and
(3) includes any other term or condition required by the
Secretary.
(d) Sunset.--The authority to enter into an agreement under this
section shall expire on the date that is 10 years after the date of
enactment of this Act.
(e) Definition of Eligible Public Recreation Facility.--In this
section, the term ``eligible public recreation facility'' means a
facility that--
(1) is located--
(A) at a reservoir operated by the Corps of Engineers; and
(B) in the Upper Missouri River Basin;
(2) was constructed to enable public use of and access to the
reservoir; and
(3) requires repair, restoration, or rehabilitation to
function.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a)(2) $20,000,000, to remain
available until expended.
SEC. 8152. REHABILITATION OF PUMP STATIONS.
Section 133 of the Water Resources Development Act of 2020 (33
U.S.C. 2327a) is amended--
(1) in subsection (a), by striking paragraph (1) and inserting
the following:
``(1) Eligible pump station.--The term `eligible pump station'
means a pump station--
``(A) that is a feature of--
``(i) a federally authorized flood or coastal storm
risk management project; or
``(ii) an integrated flood risk reduction system that
includes a federally authorized flood or coastal storm risk
management project; and
``(B) the failure of which the Secretary has determined
would demonstrably impact the function of the federally
authorized flood or coastal storm risk management project.'';
(2) by striking subsection (b) and inserting the following:
``(b) Authorization.--The Secretary may carry out rehabilitation of
an eligible pump station, if the Secretary determines that--
``(1) the eligible pump station has a major deficiency; and
``(2) the rehabilitation is feasible.''; and
(3) by adding at the end the following:
``(g) Prioritization.--To the maximum extent practicable, the
Secretary shall prioritize the rehabilitation of eligible pump stations
under this section that benefit economically disadvantaged communities,
as defined by the Secretary under section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note), including economically
disadvantaged communities located in urban and rural areas.''.
SEC. 8153. REPORT TO CONGRESS ON CORPS OF ENGINEERS RESERVOIRS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall complete the updated report required
under section 1046(a)(2)(B) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1252).
(b) Report to Congress; Public Availability.--Upon completion of
the report as required by subsection (a), the Secretary shall--
(1) submit the report to Congress; and
(2) make the full report publicly available, including on a
publicly available website.
SEC. 8154. TEMPORARY RELOCATION ASSISTANCE PILOT PROGRAM.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall establish a pilot program to evaluate
the extent to which the provision of temporary relocation assistance
enhances the completeness, effectiveness, efficiency, acceptability,
and equitable implementation of covered water resources development
projects.
(b) Assistance Authorized.--Subject to subsection (c)--
(1) the non-Federal interest for a covered water resources
development project included in the pilot program established under
this section may provide temporary relocation assistance to a
temporarily displaced person; and
(2) the Secretary shall, pursuant to a project partnership
agreement--
(A) include the temporary relocation assistance provided by
the non-Federal interest for a covered water resources
development project under paragraph (1) in the value of the
land, easements, and rights-of-way required for the project;
and
(B) credit the amount of the temporary relocation
assistance provided by the non-Federal interest for the covered
water resources development project under paragraph (1) toward
the non-Federal share of the cost of the project.
(c) Requirements.--
(1) Request of non-federal interest.--At the request of the
non-Federal interest for a covered water resources development
project, the Secretary may include the project in the pilot program
established under this section.
(2) Duplication of benefits.--The Secretary and the non-Federal
interest for a covered water resources development project included
in the pilot program established under this section shall ensure
that no temporarily displaced person receives temporary relocation
assistance under this section for expenses for which the
temporarily displaced person has received financial assistance from
any insurance, other program, or any other governmental source.
(3) Equal treatment.--The non-Federal interest for a covered
water resources development project included in the pilot program
established under this section shall provide temporary relocation
assistance to each temporarily displaced person on equal terms.
(4) Maximum amount of credit.--The Secretary shall not include
in the value of the land, easements, and rights-of-way required for
a covered water resources development project, or credit toward the
non-Federal share of the cost of the project, any amount paid to
individuals of a single household by the non-Federal interest for
the project under subsection (b) that exceeds $20,000.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter, the Secretary shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report that includes findings and recommendations of
the Secretary with respect to the provision of temporary relocation
assistance for covered water resources development projects included in
the pilot program established under this section.
(e) Sunset.--The authority to enter into or amend a project
partnership agreement for a covered water resources development project
under the pilot program established under this section shall expire on
the date that is 10 years after the date of enactment of this Act.
(f) Savings Provision.--Nothing in this section affects the
eligibility for, or entitlement to, relocation assistance under the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.) for any individual.
(g) Definitions.--In this section:
(1) Covered water resources development project.--The term
``covered water resources development project'' means the following
projects:
(A) Project for hurricane and storm damage risk reduction,
Charleston Peninsula, Coastal Storm Risk Management, South
Carolina, authorized by this Act.
(B) Project for hurricane and storm damage risk reduction,
Fire Island Inlet to Montauk Point, New York, authorized by
section 401(3) of the Water Resources Development Act of 2020
(134 Stat. 2738).
(C) Project for hurricane and storm damage risk reduction,
Rahway River Basin, New Jersey, authorized by section 401(3) of
the Water Resources Development Act of 2020 (134 Stat. 2737).
(D) Project for flood risk management, Peckman River Basin,
New Jersey, authorized by section 401(2) of the Water Resources
Development Act of 2020 (134 Stat. 2735).
(E) Project for hurricane and storm damage reduction, New
Jersey Back Bays, Cape May, Ocean, Atlantic, Monmouth, and
Burlington Counties, authorized by resolutions of the Committee
on Public Works and Transportation of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, approved in December 1987, under study on
the date of enactment of this Act.
(2) Dwelling.--The term ``dwelling'' means--
(A) a single-family house;
(B) a single-family unit in a two-family, multifamily, or
multipurpose property;
(C) a unit of a condominium or cooperative housing project;
(D) a mobile home; or
(E) any other residential unit.
(3) Household.--The term ``household'' means 1 or more
individuals occupying a single dwelling.
(4) Temporarily displaced person.--The term ``temporarily
displaced person'' means an individual who is--
(A) required to temporarily move from a dwelling that is
the primary residence of the individual as a direct result of
the elevation or modification of the dwelling by the Secretary
or a non-Federal interest as part of a covered water resources
development project; and
(B) not otherwise entitled to temporary relocation
assistance under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.).
(5) Temporary relocation assistance.--The term ``temporary
relocation assistance'' means assistance that covers all or any
portion of the documented reasonable living expenses, excluding
food and personal transportation, incurred by a temporarily
displaced person during a period of displacement.
SEC. 8155. CONTINUATION OF CONSTRUCTION.
(a) Continuation of Construction.--
(1) In general.--Upon the transmittal of an initial
notification pursuant to subsection (b)(1) with respect to a water
resources development project, the Secretary shall not, solely on
the basis of the maximum cost requirements under section 902 of the
Water Resources Development Act of 1986 (33 U.S.C. 2280)--
(A) defer the initiation or continuation of construction of
the water resources development project during the covered
period; or
(B) terminate during or after the covered period, a
contract for design or construction of the water resources
development project that was entered into prior to or during
the covered period.
(2) Resumption of construction.--The Secretary shall, upon the
transmittal of an initial notification pursuant to subsection
(b)(1) with respect to a water resources development project for
which construction was deferred, during the period beginning on
October 1, 2021, and ending on the date of enactment of this Act,
because the cost of such project exceeded the maximum cost
permitted under section 902 of the Water Resources Development Act
of 1986 (33 U.S.C. 2280), resume construction of the project.
(b) Notification.--
(1) Initial notification.--Not later than 30 days after the
Chief of Engineers makes a determination that a water resources
development project exceeds, or is expected to exceed, the maximum
cost of the project permitted under section 902 of the Water
Resources Development Act of 1986 (33 U.S.C. 2280), the Chief of
Engineers shall transmit a written notification concurrently to the
Secretary and to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives for each such determination.
(2) Supplemental notification.--Not later than 60 days after
the Chief of Engineers transmits an initial notification required
under paragraph (1), the Chief shall transmit concurrently to the
Secretary and to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a supplemental notification that
includes, based on information available to the Corps of Engineers
on the date of the supplemental notification--
(A) an estimate of the expected increase in the cost of the
project that is in excess of the authorized maximum cost for
the project;
(B) a description of the reason for the increased cost of
the project; and
(C) the expected timeline for submission of a post-
authorization change report for the project in accordance with
section 1132 of the Water Resources Development Act of 2016 (33
U.S.C. 2282e).
(3) Transmittal.--The notifications described in paragraphs (1)
and (2) may not be delayed as a result of consideration being given
to changes in policy or priority with respect to project
consideration.
(c) Deferral of Construction.--After expiration of the covered
period, the Secretary shall not enter into any new contract, or
exercise any option in a contract, for construction of a water
resources development project if the project exceeds the maximum cost
of the project permitted under section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), until the date on which
Congress authorizes an increase in the cost of the project.
(d) Statutory Construction.--Nothing in this section waives the
obligation of the Secretary to submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a post-authorization
change report recommending an increase in the authorized cost of a
project if the project otherwise would exceed the maximum cost of the
project permitted under section 902 of the Water Resources Development
Act of 1986 (33 U.S.C. 2280).
(e) Definition of Covered Period.--In this section, the term
``covered period'' means the period beginning on the date of enactment
of this Act and ending on December 31, 2024.
SEC. 8156. FEDERAL INTEREST DETERMINATION.
Section 905(b)(1) of the Water Resources Development Act of 1986
(33 U.S.C. 2282(b)(1)) is amended by amending subparagraph (B) to read
as follows:
``(B) Other communities.--In preparing a feasibility report
under subsection (a) for a study that will benefit a community
other than a community described in subparagraph (A), upon
request by the non-Federal interest for the study, the
Secretary may, with respect to not more than 20 studies in each
fiscal year, first determine the Federal interest in carrying
out the study and the projects that may be proposed in the
study.''.
SEC. 8157. INLAND WATERWAY PROJECTS.
(a) In General.--Section 102(a) of the Water Resources Development
Act of 1986 (33 U.S.C. 2212(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``One-
half of the costs'' and inserting ``65 percent of the costs''; and
(2) in the undesignated matter following paragraph (3), in the
second sentence, by striking ``One-half of such costs'' and
inserting ``35 percent of such costs''.
(b) Application.--The amendments made by subsection (a) shall apply
beginning on October 1, 2022, to any construction of a project for
navigation on the inland waterways that is new or ongoing on or after
that date.
(c) Conforming Amendment.--Section 109 of the Water Resources
Development Act of 2020 (33 U.S.C. 2212 note) is amended by striking
``fiscal years 2021 through 2031'' and inserting ``fiscal years 2021
through 2022''.
SEC. 8158. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE.
(a) Establishment.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a Western
Water Cooperative Committee (referred to in this section as the
``Cooperative Committee'').
(2) Purpose.--The purpose of the Cooperative Committee is to
ensure that Corps of Engineers flood control projects in Western
States are operated consistent with congressional directives by
identifying opportunities to avoid or minimize conflicts between
the operation of Corps of Engineers projects and water rights and
water laws in such States.
(3) Membership.--The Cooperative Committee shall be composed
of--
(A) the Assistant Secretary of the Army for Civil Works (or
a designee);
(B) the Chief of Engineers (or a designee);
(C) 1 representative from each of the Western States, who
may serve on the Western States Water Council, to be appointed
by the Governor of each State;
(D) 1 representative with legal experience from each of the
Western States, to be appointed by the attorney general of each
State; and
(E) 1 employee from each of the impacted regional offices
of the Bureau of Indian Affairs.
(4) Meetings.--
(A) In general.--The Cooperative Committee shall meet not
less than once each year in one of the Western States.
(B) Available to public.--Each meeting of the Cooperative
Committee shall be open and accessible to the public.
(C) Notification.--The Cooperative Committee shall publish
in the Federal Register adequate advance notice of a meeting of
the Cooperative Committee.
(5) Duties.--
(A) In general.--The Cooperative Committee shall develop
and make recommendations to avoid or minimize conflicts between
the operation of Corps of Engineers projects and the water
rights and water laws of Western States.
(B) Limitation.--In carrying out subparagraph (A), the
Cooperative Committee shall--
(i) make recommendations that only apply to Western
States; and
(ii) ensure that any recommended changes or
modifications to policy or regulations for Corps of
Engineers projects would not adversely affect water
resources within the State of Missouri.
(6) Status updates.--
(A) In general.--On an annual basis, the Secretary shall
provide to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a written report that
includes--
(i) a summary of the contents of meetings of the
Cooperative Committee;
(ii) any legislative proposal from a Western State
proposed to the Cooperative Committee; and
(iii) a description of any recommendations made by the
Cooperative Committee under paragraph (5), including
actions taken by the Secretary in response to such
recommendations.
(B) Comment.--
(i) In general.--Not later than 45 days following the
conclusion of a meeting of the Cooperative Committee, the
Secretary shall provide to members of the Cooperative
Committee an opportunity to comment on the contents of the
meeting and any recommendations made under paragraph (5).
(ii) Inclusion.--Comments provided under clause (i)
shall be included in the report provided under subparagraph
(A).
(7) Compensation.--
(A) In general.--Except as provided in subparagraph (B),
the members of the Cooperative Committee shall serve without
compensation.
(B) Travel expenses.--The members of the Cooperative
Committee shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United States
Code.
(8) Maintenance of records.--The Cooperative Committee shall
maintain records pertaining to operating costs and records of the
Cooperative Committee for a period of not less than 3 years.
(9) Savings provisions.--
(A) No additional authority.--Nothing in this section
provides authority to the Cooperative Committee to affect any
Federal or State water law or interstate compact governing
water.
(B) Other states.--Nothing in this section may be
interpreted, by negative implication or otherwise, as
suggesting that States not represented on the Cooperative
Committee have lesser interest or authority, in relation to
Western States, in managing the water within their borders or
in vindicating State water rights and water laws.
(b) Definition of Western States.--In this section, the term
``Western States'' means the States of Alaska, Arizona, California,
Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North
Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and
Wyoming.
SEC. 8159. SUPPORT OF ARMY CIVIL WORKS MISSIONS.
The Secretary is authorized to use contracts, cooperative
agreements, or any other authorized means, in support of the Corps of
Engineers civil works missions, to work with--
(1) the University of Delaware to conduct academic research on
water resource ecology, water quality, aquatic ecosystem
restoration (including shellfish aquaculture), coastal restoration,
and water resource-related emergency management, in the State of
Delaware, the Delaware River Basin, and the Chesapeake Bay
watershed;
(2) the University of Missouri to conduct economic analyses and
other academic research to improve water management, enhance flood
resiliency, and preserve water resources for the State of Missouri,
the Lower Missouri River Basin, and Upper Mississippi River Basin;
(3) Oregon State University to conduct a study and other
academic research on the associated impacts of wildfire on water
resource ecology, water supply, quality, and distribution in the
Willamette River Basin and to develop a water resource assessment
and management platform for the Willamette River Basin; and
(4) West Virginia University to conduct academic research on
flood risk management, water resource-related emergency management,
aquatic ecosystem restoration, water quality, hydropower, and water
resource-related recreation in the State of West Virginia.
SEC. 8160. CIVIL WORKS RESEARCH AND DEVELOPMENT.
(a) In General.--Section 7 of the Water Resources Development Act
of 1988 (33 U.S.C. 2313) is amended to read as follows:
``SEC. 7. RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary is authorized to carry out basic,
applied, and advanced research activities as required to aid in the
planning, design, construction, operation, and maintenance of water
resources development projects and to support the missions and
authorities of the Corps of Engineers.
``(b) Testing and Application.--In carrying out subsection (a), the
Secretary is authorized to test and apply technology, tools,
techniques, and materials developed pursuant to such subsection,
including the testing and application of such technology, tools,
techniques, and materials at authorized water resources development
projects, in consultation with the non-Federal interests for such
projects.
``(c) Other Transactional Authority for Prototype Projects.--
``(1) In general.--In carrying out subsection (b), the
Secretary is authorized to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry out
prototype projects to support basic, applied, and advanced research
activities that are directly relevant to the civil works missions
and authorities of the Corps of Engineers.
``(2) Follow-on production transactions.--A transaction entered
into under paragraph (1) for a prototype project may provide for
the award of a follow-on production contract or transaction to the
participants in the transaction in accordance with the requirements
of section 4022 of title 10, United States Code.
``(3) Guidance.--Prior to entering into the first transaction
under this subsection, the Secretary shall issue guidance for
entering into transactions under this subsection (including
guidance for follow-on production contracts or transactions under
paragraph (2)).
``(4) Conditions.--In carrying out this subsection, the
Secretary shall ensure that--
``(A) competitive procedures are used to the maximum extent
practicable to award each transaction; and
``(B) at least one of the following conditions is met with
respect to each transaction:
``(i) The prototype project includes significant
participation by at least one nonprofit research
institution or nontraditional defense contractor, as that
term is defined in section 3014 of title 10, United States
Code.
``(ii) All significant participants in the transaction
other than the Federal Government are small business
concerns, as that term is used in section 3 of the Small
Business Act (15 U.S.C. 632) (including such concerns
participating in a program described in section 9 of such
Act (15 U.S.C. 638)).
``(iii) At least one-third of the total cost of the
prototype project is to be paid out of funds provided by
sources other than the Federal Government.
``(iv) The Head of the Contracting Activity for the
Corps of Engineers submits to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a notification that exceptional
circumstances justify the use of a transaction that
provides for innovative business arrangements or structures
that would not be feasible or appropriate under a contract,
cooperative agreement, or grant.
``(5) Notification.--Not later than 30 days before the
Secretary enters into a transaction under paragraph (1), the
Secretary shall notify the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate of--
``(A) the dollar amount of the transaction;
``(B) the entity carrying out the prototype project that is
the subject of the transaction;
``(C) the justification for the transaction; and
``(D) as applicable, the water resources development
project where the prototype project will be carried out.
``(6) Report.--Not later than 4 years after the date of
enactment of the Water Resources Development Act of 2022, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing the
use of the authority under this subsection.
``(7) Comptroller general access to information.--
``(A) Examination of records.--Each transaction entered
into under this subsection shall provide for mandatory
examination by the Comptroller General of the United States of
the records of any party to the transaction or any entity that
participates in the performance of the transaction.
``(B) Limitations.--
``(i) Parties and entities.--Examination of records by
the Comptroller General pursuant to subparagraph (A) shall
be limited as provided under clause (ii) in the case of a
party to the transaction, an entity that participates in
the performance of the transaction, or a subordinate
element of that party or entity if the only transactions
that the party, entity, or subordinate element entered into
with Government entities in the year prior to the date of
that transaction were entered into under paragraph (1) or
under section 4021 or 4022 of title 10, United States Code.
``(ii) Records.--The only records of a party, other
entity, or subordinate element referred to in clause (i)
that the Comptroller General may examine pursuant to
subparagraph (A) are records of the same type as the
records that the Government has had the right to examine
under the audit access clauses of the previous transactions
referred to in such clause that were entered into by that
particular party, entity, or subordinate element.
``(C) Waiver.--The Head of the Contracting Activity for the
Corps of Engineers may waive the applicability of subparagraph
(A) to a transaction if the Head of the Contracting Activity
for the Corps of Engineers--
``(i) determines that it would not be in the public
interest to apply the requirement to the transaction; and
``(ii) transmits to the Committee on Environment and
Public Works of the Senate, the Committee on Transportation
and Infrastructure of the House of Representatives, and the
Comptroller General, before the transaction is entered
into, a notification of the waiver, including the rationale
for the determination under clause (i).
``(D) Timing.--The Comptroller General may not examine
records pursuant to subparagraph (A) more than 3 years after
the final payment is made by the United States under the
transaction.
``(E) Report.--Not later than 1 year after the date of
enactment of the Water Resources Development Act of 2022, and
annually thereafter, the Comptroller General shall submit to
the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives a report on the use of the authority under
this paragraph.
``(8) Termination of authority.--The authority to enter into a
transaction under this subsection shall terminate on December 31,
2028.
``(d) Coordination and Consultation.--In carrying out this section,
the Secretary may coordinate and consult with Federal agencies, State
and local agencies, Indian Tribes, universities, consortiums, councils,
and other relevant entities that will aid in the planning, design,
construction, operation, and maintenance of water resources development
projects.
``(e) Annual Report.--
``(1) In general.--For fiscal year 2025, and annually
thereafter, in conjunction with the annual budget submission of the
President to Congress under section 1105(a) of title 31, United
States Code, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on basic, applied, and advanced research activities and
prototype projects carried out under this section.
``(2) Contents.--Each report under paragraph (1) shall
include--
``(A) a description of each ongoing and new activity or
project, including--
``(i) the estimated total cost of the activity or
project;
``(ii) the amount of Federal expenditures for the
activity or project;
``(iii) the amounts provided by a non-Federal party to
a transaction described in subsection (c), if applicable;
``(iv) the estimated timeline for completion of the
activity or project;
``(v) the requesting district of the Corps of
Engineers, if applicable; and
``(vi) how the activity or project is consistent with
subsection (a); and
``(B) any additional information that the Secretary
determines to be appropriate.
``(f) Savings Clause.--Nothing in this section affects the
authority of the Secretary to carry out, through the Engineer Research
and Development Center, any activity requested by a district of the
Corps of Engineers in support of a water resources development project
or feasibility study (as defined in section 105(d) of the Water
Resources Development Act of 1986 (33 U.S.C. 2215(d))).
``(g) Establishment of Account.--The Secretary, in consultation
with the Director of the Office of Management and Budget, shall
establish a separate appropriations account for administering funds
made available to carry out this section.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1988 (102 Stat. 4012) is
amended by striking the item relating to section 7 and inserting the
following:
``Sec. 7. Research and development.''.
SEC. 8161. SENSE OF CONGRESS ON OPERATIONS AND MAINTENANCE OF
RECREATION SITES.
It is the sense of Congress that the Secretary, in each work plan
submitted to Congress by the Secretary, should distribute amounts
provided for the operations and maintenance of recreation sites of the
Corps of Engineers so that each site receives an amount that is not
less than 80 percent of the recreation fees generated by such site in a
given year.
SEC. 8162. SENSE OF CONGRESS RELATING TO POST-DISASTER REPAIRS.
It is the sense of Congress that in scoping and funding post-
disaster repairs, the Secretary should, to the maximum extent
practicable, repair assets--
(1) to project design levels; or
(2) if the original project design is outdated, to a higher
level than the project design level.
Subtitle B--Studies and Reports
SEC. 8201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
(a) New Projects.--The Secretary is authorized to conduct a
feasibility study for the following projects for water resources
development and conservation and other purposes, as identified in the
reports titled ``Report to Congress on Future Water Resources
Development'' submitted to Congress pursuant to section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
otherwise reviewed by Congress:
(1) Dudleyville, arizona.--Project for flood risk management,
Dudleyville, Arizona.
(2) Mcmicken dam, arizona.--Project for flood risk management,
McMicken Dam, Arizona.
(3) Conn creek dam, california.--Project for flood risk
management, Conn Creek Dam, California.
(4) City of huntington beach, california.--Project for
hurricane and storm damage risk reduction, including sea level
rise, and shoreline stabilization, City of Huntington Beach,
California.
(5) Napa river, california.--Project for navigation, Federal
Channel of Napa River, California.
(6) Petaluma river wetlands, california.--Project for ecosystem
restoration, City of Petaluma, California.
(7) City of rialto, california.--Project for ecosystem
restoration and flood risk management, City of Rialto and vicinity,
California.
(8) North richmond, california.--Project for hurricane and
storm damage risk reduction, including sea level rise, and
ecosystem restoration, North Richmond, California.
(9) Stratford, connecticut.--Project for hurricane and storm
damage risk reduction and flood risk management, Stratford,
Connecticut.
(10) Thatchbed island, connecticut.--Project for flood risk
management and ecosystem restoration, Thatchbed Island, Essex,
Connecticut.
(11) Woodbridge, connecticut.--Project for flood risk
management, Woodbridge, Connecticut.
(12) Federal triangle area, washington, district of columbia.--
Project for flood risk management, Federal Triangle Area,
Washington, District of Columbia, including construction of
improvements to interior drainage.
(13) Potomac and anacostia rivers, washington, district of
columbia.--Project for recreational access, including enclosed
swimming areas, Potomac and Anacostia Rivers, District of Columbia.
(14) Washington metropolitan area, washington, district of
columbia, maryland, and virginia.--Project for water supply,
including the identification of a secondary water source and
additional water storage capability for the Washington Metropolitan
Area, Washington, District of Columbia, Maryland, and Virginia.
(15) Town of longboat key, florida.--Project for whole island
hurricane and storm damage risk reduction, Town of Longboat Key,
Florida.
(16) Lake runnymede, florida.--Project for ecosystem
restoration, Lake Runnymede, Florida.
(17) Tampa back bay, florida.--Project for flood risk
management and hurricane and storm damage risk reduction, including
the use of natural features and nature-based features for
protection and recreation, Tampa Back Bay, Florida.
(18) Port tampa bay and mckay bay, florida.--Project for
hurricane and storm damage risk reduction, Port Tampa Bay, Florida,
including McKay Bay.
(19) Lake tohopekaliga, florida.--Project for ecosystem
restoration and flood risk management, Lake Tohopekaliga, Florida.
(20) City of albany, georgia.--Project for flood risk
management, City of Albany, Georgia.
(21) City of east point, georgia.--Project for flood risk
management, City of East Point, Georgia.
(22) Cumberland island and sea island, georgia.--Project for
ecosystem restoration and coastal storm risk management, Cumberland
Island and Sea Island, Georgia.
(23) Flint river basin headwaters, clayton county, georgia.--
Project for flood risk management and ecosystem restoration, Flint
River Basin Headwaters, Clayton County, Georgia.
(24) County of hawai`i, hawaii.--Project for flood and coastal
storm risk management, County of Hawai`i, Hawaii.
(25) Maui, hawaii.--Project for coastal storm risk management,
County of Maui, Hawaii.
(26) Waikiki, hawaii.--Project for ecosystem restoration and
hurricane and storm damage risk reduction, Waikiki, Hawaii.
(27) Wailupe stream watershed, hawaii.--Project for flood risk
management, Wailupe Stream watershed, Hawaii.
(28) Columbus, kentucky.--Project for flood risk management,
including riverbank stabilization, Columbus, Kentucky.
(29) Cumberland river, kentucky.--Project for navigation,
Cumberland River, Kentucky.
(30) Jenkins, kentucky.--Project for flood risk management and
water supply, Jenkins, Kentucky.
(31) Kentucky river, kentucky.--Project for flood risk
management on the Kentucky River and its tributaries and watersheds
in Breathitt, Clay, Estill, Harlan, Lee, Leslie, Letcher, Owsley,
Perry, and Wolfe Counties, Kentucky.
(32) Newport, kentucky.--Project for ecosystem restoration,
flood risk management, and recreation, Newport, Kentucky.
(33) Ellicott city and howard county, maryland.--Project for
flood risk management, Ellicott City and Howard County, Maryland.
(34) Assawompset pond complex, massachusetts.--Project for
ecosystem restoration, flood risk management, and water supply,
Assawompset Pond Complex, Massachusetts.
(35) Charles river, massachusetts.--Project for flood risk
management and ecosystem restoration, Charles River, Massachusetts.
(36) Chelsea creek and mill creek, massachusetts.--Project for
flood risk management and ecosystem restoration, including bank
stabilization, City of Chelsea, Massachusetts.
(37) Connecticut river streambank erosion, massachusetts,
vermont, and new hampshire.--Project for streambank erosion,
Connecticut River, Massachusetts, Vermont, and New Hampshire.
(38) Deerfield river, massachusetts.--Project for flood risk
management and ecosystem restoration, Deerfield River,
Massachusetts.
(39) Town of north attleborough, massachusetts.--Project for
ecosystem restoration and flood risk management, Ten Mile River,
North Attleborough, Massachusetts.
(40) Town of hull, massachusetts.--Project for flood risk
management and hurricane and storm damage risk reduction, Hull,
Massachusetts.
(41) City of revere, massachusetts.--Project for flood risk
management and marsh ecosystem restoration, City of Revere,
Massachusetts.
(42) Lower east side, detroit, michigan.--Project for flood
risk management, Lower East Side, Detroit, Michigan.
(43) Elijah root dam, michigan.--Project for dam removal, by
carrying out a disposition study under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a), Elijah Root Dam, Michigan.
(44) Grosse pointe shores and grosse pointe farms, michigan.--
Project for ecosystem restoration and flood risk management, Grosse
Pointe Shores and Grosse Pointe Farms, Michigan.
(45) Southeast michigan, michigan.--Project for flood risk
management, Southeast Michigan.
(46) Tittabawassee river, chippewa river, pine river, and
tobacco river, michigan.--Project for flood risk management and
ecosystem restoration, Tittabawassee River, Chippewa River, Pine
River, and Tobacco River, Michigan.
(47) Southwest mississippi, mississippi.--Project for ecosystem
restoration and flood risk management, Wilkinson, Adams, Warren,
Claiborne, Franklin, Amite, and Jefferson Counties, Mississippi.
(48) Bellevue, nebraska.--Project for flood risk management,
Bellevue, Nebraska, including the placement of a pump station near
Offutt Ditch.
(49) Papillion creek, nebraska.--Project for flood risk
management, including levee improvement, Papillion Creek, Nebraska.
(50) Sarpy county, nebraska.--Project for flood risk
management, Sarpy County, Nebraska.
(51) Camden and gloucester county, new jersey.--Project for
tidal and riverine flood risk management, Camden and Gloucester
Counties, New Jersey.
(52) Edgewater, new jersey.--Project for flood risk management,
Edgewater, New Jersey.
(53) Maurice river, new jersey.--Project for navigation and for
beneficial use of dredged materials for hurricane and storm damage
risk reduction and ecosystem restoration, Maurice River, New
Jersey.
(54) Northern new jersey inland flooding, new jersey.--Project
for inland flood risk management in Hudson, Essex, Union, Bergen,
Hunterdon, Morris, Somerset, Warren, Passaic, and Sussex Counties,
New Jersey.
(55) Riser ditch, new jersey.--Project for flood risk
management, including channel improvements, and other related water
resource needs related to Riser Ditch in the communities of South
Hackensack, Hasbrouck Heights, Little Ferry, Teterboro, and
Moonachie, New Jersey.
(56) Rockaway river, new jersey.--Project for flood risk
management and ecosystem restoration, including bank stabilization,
Rockaway River, New Jersey.
(57) Tenakill brook, new jersey.--Project for flood risk
management, Tenakill Brook, New Jersey.
(58) Verona, cedar grove, and west caldwell, new jersey.--
Project for flood risk management along the Peckman River Basin in
the townships of Verona (and surrounding area), Cedar Grove, and
West Caldwell, New Jersey.
(59) Whippany river watershed, new jersey.--Project for flood
risk management, Morris County, New Jersey.
(60) Lake farmington dam, new mexico.--Project for water
supply, Lake Farmington Dam, New Mexico.
(61) Mcclure dam, new mexico.--Project for dam safety
improvements and flood risk management, McClure Dam, City of Santa
Fe, New Mexico.
(62) Blind brook, new york.--Project for flood risk management,
coastal storm risk management, navigation, ecosystem restoration,
and water supply, Blind Brook, New York.
(63) Brooklyn navy yard, new york.--Project for flood risk
management and hurricane and storm damage risk reduction, Brooklyn
Navy Yard, New York.
(64) Connetquot river and green creek, new york.--Project for
navigation, Connetquot River and Green Creek, Suffolk County, New
York.
(65) Hutchinson river, new york.--Project for flood risk
management and ecosystem restoration, Hutchinson River, New York.
(66) Mohawk river basin, new york.--Project for flood risk
management, navigation, and environmental restoration, Mohawk River
Basin, New York.
(67) Newtown creek, new york.--Project for ecosystem
restoration, Newtown Creek, New York.
(68) John j. burns park, oyster bay, new york.--Project for
flood risk management and hurricane and storm risk reduction,
Oyster Bay, New York, in the vicinity of John J. Burns Park,
Massapequa, New York, including the replacement and reconstruction
of the existing bulkhead system.
(69) Joseph j. saladino memorial marina, oyster bay, new
york.--Project for flood risk management and hurricane and storm
risk reduction, Oyster Bay, New York, in the vicinity of the Joseph
J. Saladino Memorial Marina, Massapequa, New York, including the
replacement and reconstruction of the existing bulkhead system.
(70) Saw mill river, new york.--Project for flood risk
management and ecosystem restoration to address areas in the City
of Yonkers and the Village of Hastings-on-Hudson within the 100-
year flood zone, Saw Mill River, New York.
(71) South shore of long island, new york.--Project for flood
and coastal storm risk management, navigation, and ecosystem
restoration, South Shore of Long Island, New York.
(72) Upper east river and flushing bay, new york.--Project for
ecosystem restoration, Upper East River and Flushing Bay, New York.
(73) Cape fear river basin, north carolina.--Project for flood
and coastal storm risk management, Cape Fear River Basin, North
Carolina.
(74) Oregon inlet, north carolina.--Project for navigation,
Oregon Inlet, North Carolina.
(75) Mineral ridge dam, ohio.--Project for dam safety
improvements and rehabilitation, Mineral Ridge Dam, Ohio.
(76) Mill creek levee and walla walla river, oregon.--Project
for ecosystem restoration, Mill Creek Levee and Walla Walla River,
Oregon.
(77) Brodhead creek watershed, pennsylvania.--Project for
ecosystem restoration and flood risk management, Brodhead Creek
Watershed, Pennsylvania.
(78) Chartiers creek watershed, pennsylvania.--Project for
flood risk management, Chartiers Creek Watershed, Pennsylvania.
(79) Coplay creek, pennsylvania.--Project for flood risk
management, Coplay Creek, Pennsylvania.
(80) Berkeley county, south carolina.--Project for ecosystem
restoration and flood risk management, Berkeley County, South
Carolina.
(81) Big sioux river, south dakota.--Project for flood risk
management, City of Watertown and vicinity, South Dakota.
(82) El paso county, texas.--Project for flood risk management
for economically disadvantaged communities, as defined by the
Secretary under section 160 of the Water Resources Development Act
of 2020 (33 U.S.C. 2201 note), along the United States-Mexico
border, El Paso County, Texas.
(83) Gulf intracoastal waterway-channel to palacios, texas.--
Project for navigation, Gulf Intracoastal Waterway-Channel to
Palacios, Texas.
(84) Hidalgo and cameron counties, texas.--Project for flood
risk management and ecosystem restoration, the Resacas, Hidalgo and
Cameron Counties, Texas.
(85) Sikes lake, texas.--Project for ecosystem restoration and
flood risk management, Sikes Lake, Texas.
(86) Southwest border region, texas.--Project for flood risk
management for economically disadvantaged communities, as defined
by the Secretary under section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note), along the United
States-Mexico border in Webb, Zapata, and Starr Counties, Texas.
(87) Lower clear creek and dickinson bayou, texas.--Project for
flood risk management, Lower Clear Creek and Dickinson Bayou,
Texas.
(88) Great salt lake, utah.--Project for ecosystem restoration
and water supply, Great Salt Lake, Utah.
(89) Cedar island, virginia.--Project for ecosystem
restoration, hurricane and storm damage risk reduction, and
navigation, Cedar Island, Virginia.
(90) Ballinger creek, washington.--Project for ecosystem
restoration, City of Shoreline, Washington.
(91) City of north bend, washington.--Project for water supply,
City of North Bend, Washington.
(92) Taneum creek, washington.--Project for ecosystem
restoration, Taneum Creek, Washington.
(93) City of huntington, west virginia.--Project for flood risk
management, Huntington, West Virginia.
(94) Fox-wolf basin, wisconsin.--Project for flood risk
management and water supply, Fox-Wolf Basin, Wisconsin.
(b) Project Modifications.--The Secretary is authorized to conduct
a feasibility study for the following project modifications:
(1) Craighead, poinsett, and cross counties, arkansas.--
Modifications to the project for flood protection and major
drainage improvement in the Saint Francis River Basin, Missouri and
Arkansas, authorized by section 204 of the Flood Control Act of
1950 (64 Stat. 172), to provide flood risk management for the
tributaries and drainage of Straight Slough, Craighead, Poinsett,
and Cross Counties, Arkansas.
(2) Shingle creek and kissimmee river, florida.--Modifications
to the project for ecosystem restoration and water storage, Shingle
Creek and Kissimmee River, Florida, authorized by section 201(a)(5)
of the Water Resources Development Act of 2020 (134 Stat. 2670),
for flood risk management.
(3) Jacksonville harbor, florida.--Modifications to the project
for navigation, Jacksonville Harbor, Florida, authorized by section
7002 of the Water Resources Reform and Development Act of 2014 (128
Stat. 1364), for outer channel improvements.
(4) Savannah harbor, georgia.--Modifications to the project for
navigation, Savannah Harbor Expansion Project, Georgia, authorized
by section 7002(1) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1364; 132 Stat. 3839), without evaluation of
additional deepening.
(5) Honolulu harbor, hawaii.--Modifications to the project for
navigation, Honolulu Harbor, Hawaii, for navigation improvements
and coastal storm risk management, authorized by the first section
of the Act of March 3, 1905 (chapter 1482, 33 Stat. 1146).
(6) Cedar river, cedar rapids, iowa.--Modifications to the
project for flood risk management, Cedar River, Cedar Rapids, Iowa,
authorized by section 7002(2) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1366), consistent with the City
of Cedar Rapids, Iowa, Cedar River Flood Control System Master
Plan.
(7) South haven harbor, michigan.--Modifications to the project
for navigation, South Haven Harbor, Michigan, for turning basin
improvements, authorized by the first section of the Act of August
11, 1888 (chapter 860, 25 Stat. 406).
(8) Salem river, salem county, new jersey.--Modifications to
the project for navigation, Salem River, Salem County, New Jersey,
authorized by section 1 of the Act of March 2, 1907 (chapter 2509,
34 Stat. 1080), to increase the authorized depth.
(9) Port of ogdensburg, new york.--Modifications to the project
for navigation, Port of Ogdensburg, New York, including deepening,
authorized by the first section of the Act of June 25, 1910
(chapter 382, 36 Stat. 635).
(10) Rollinson channel and hatteras inlet to hatteras, north
carolina.--Modifications to the project for navigation, Rollinson
Channel and channel from Hatteras Inlet to Hatteras, North
Carolina, authorized by section 101 of the River and Harbor Act of
1962 (76 Stat. 1174), to incorporate the ocean bar.
(11) Hiram m. chittenden locks, lake washington ship canal,
washington.--Modifications to the Hiram M. Chittenden Locks (also
known as Ballard Locks), Lake Washington Ship Canal, Washington,
authorized by the Act of June 25, 1910 (chapter 382, 36 Stat. 666),
for the construction of fish ladder improvements, including efforts
to address elevated temperature and low dissolved oxygen levels in
the Canal.
(12) Huntington, west virginia.--Modifications to the
Huntington Local Protection Project, Huntington, West Virginia.
(c) Special Rules.--
(1) Wailupe stream watershed, hawaii.--The study authorized by
subsection (a)(27) shall be considered a resumption and a
continuation of the general reevaluation initiated on December 30,
2003, pursuant to section 209 of the Flood Control Act (76 Stat.
1197).
(2) Bellevue and papillion creek, nebraska.--The studies
authorized by paragraphs (48) and (49) of subsection (a) shall be
considered a continuation of the study that resulted in the Chief's
Report for the project for Papillion Creek and Tributaries Lakes,
Nebraska, signed January 24, 2022.
(3) South shore of long island, new york.--In carrying out the
study authorized by subsection (a)(71), the Secretary shall study
the South Shore of Long Island, New York, as a whole system,
including inlets that are Federal channels.
(4) Project modifications.--Each study authorized by subsection
(b) shall be considered a new phase investigation and afforded the
same treatment as a general reevaluation.
SEC. 8202. EXPEDITED COMPLETION.
(a) Feasibility Studies.--The Secretary shall expedite the
completion of a feasibility study for each of the following projects,
and if the Secretary determines that the project is justified in a
completed report, may proceed directly to preconstruction planning,
engineering, and design of the project:
(1) Modifications to the project for navigation, Auke Bay,
Alaska.
(2) Project for flood risk management, Cave Buttes Dam,
Arizona.
(3) Project for navigation, Branford Harbor and Stony Creek
Channel, Connecticut.
(4) Project for flood risk management, East Hartford Levee
System, Connecticut.
(5) Project for navigation, Guilford Harbor and Sluice Channel,
Connecticut.
(6) Project for ecosystem restoration, Lake Okeechobee,
Florida.
(7) Project for ecosystem restoration, Western Everglades,
Florida.
(8) Modifications to the project for navigation, Hilo Harbor,
Hawaii.
(9) Project for ecosystem restoration, Fox River, Illinois,
included in the comprehensive plan under section 519 of the Water
Resources Development Act of 2000 (114 Stat. 2653).
(10) Project for ecosystem restoration, recreation, and other
purposes, Illinois River, Chicago River, Calumet River, Grand
Calumet River, Little Calumet River, and other waterways in the
vicinity of Chicago, Illinois, authorized by section 201(a)(7) of
the Water Resources Development Act of 2020 (134 Stat. 2670).
(11) Project for hurricane and storm damage risk reduction,
Chicago Shoreline, Illinois, authorized by section 101(a)(12) of
the Water Resources Development Act of 1996 (110 Stat. 3664; 128
Stat. 1372).
(12) Project for coastal storm risk management, St. Tammany
Parish, Louisiana.
(13) Modifications to the project for navigation, Baltimore
Harbor and Channels-Seagirt Loop Deepening, Maryland, including to
a depth of 50 feet.
(14) Project for flood and coastal storm risk management and
ecosystem restoration, Boston North Shore, Revere, Saugus, Lynn,
Malden, and Everett, Massachusetts.
(15) Project for flood and coastal storm risk management,
Chelsea, Massachusetts, authorized by a study resolution of the
Committee on Public Works of the Senate dated September 12, 1969.
(16) Project for ecosystem restoration, Herring River Estuary,
Barnstable County, Massachusetts, authorized by a resolution of the
Committee on Transportation and Infrastructure of the House of
Representatives, approved July 23, 1997.
(17) Modifications to the project for flood risk management,
North Adams, Massachusetts, authorized by section 5 of the Act of
June 22, 1936 (chapter 688, 49 Stat. 1572; 55 Stat. 639), for flood
risk management and ecosystem restoration.
(18) Project for coastal storm risk management, ecosystem
restoration, and navigation, Nauset Barrier Beach and inlet system,
Chatham, Massachusetts, authorized by a study resolution of the
Committee on Public Works of the Senate dated September 12, 1969.
(19) Project for flood risk management, DeSoto County,
Mississippi.
(20) Project for flood risk management, Rahway, New Jersey,
authorized by section 336 of the Water Resources Development Act of
2020 (134 Stat. 2712).
(21) Project for coastal storm risk management, Raritan Bay and
Sandy Hook Bay, New Jersey.
(22) Project for coastal storm risk management, Sea Bright to
Manasquan, New Jersey.
(23) Project for flood risk management, Rio Grande de Loiza,
Puerto Rico.
(24) Project for flood risk management, Rio Nigua, Salinas,
Puerto Rico.
(25) Project for flood risk management, Kanawha River Basin,
West Virginia, Virginia, and North Carolina.
(b) Post-Authorization Change Reports.--The Secretary shall
expedite completion of a post-authorization change report for the
following projects:
(1) Project for ecosystem restoration, Tres Rios, Arizona,
authorized by section 101(b)(4) of the Water Resources Development
Act of 2000 (114 Stat. 2577).
(2) Project for coastal storm risk management, Surf City and
North Topsail Beach, North Carolina, authorized by section 7002(3)
of the Water Resources Reform and Development Act of 2014 (128
Stat. 1367).
(c) Watershed and River Basin Assessments.--
(1) Great lakes coastal resiliency study.--The Secretary shall
expedite the completion of the comprehensive assessment of water
resources needs for the Great Lakes System under section 729 of the
Water Resources Development Act of 1986 (33 U.S.C. 2267a), as
required by section 1219 of the Water Resources Development Act of
2018 (132 Stat. 3811; 134 Stat. 2683).
(2) County of hawai`i, hawaii.--The Secretary shall expedite
the completion of a watershed assessment for the County of Hawai`i,
Hawaii, under section 729 of the Water Resources Development Act of
1986 (33 U.S.C. 2267a).
(d) Maintenance of Navigation Channels.--The Secretary shall
expedite the completion of a determination of the feasibility of
improvements proposed by the non-Federal interest under section
204(f)(1)(A)(i) of the Water Resources Development Act of 1986 (33
U.S.C. 2232(f)(1)(A)(i)), for the deepening and widening of the
navigation project for Coos Bay, Oregon, authorized by the Act of March
3, 1879 (chapter 181, 20 Stat. 370).
SEC. 8203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY STUDIES.
The Secretary shall expedite the completion of the following
feasibility studies, as modified by this section, and if the Secretary
determines that a project that is the subject of the feasibility study
is justified in the completed report, may proceed directly to
preconstruction planning, engineering, and design of the project:
(1) Mare island strait, california.--The study for navigation,
Mare Island Strait channel, authorized by section 406 of the Water
Resources Development Act of 1999 (113 Stat. 323), is modified to
authorize the Secretary to consider the economic and national
security benefits from recent proposals for utilization of the
channel for Department of Defense shipbuilding and vessel repair.
(2) Lake pontchartrain and vicinity, louisiana.--The study for
flood risk management and hurricane and storm damage risk
reduction, Lake Pontchartrain and Vicinity, Louisiana, authorized
by section 204 of the Flood Control Act of 1965 (79 Stat. 1077), is
modified to authorize the Secretary to investigate increasing the
scope of the project to provide protection against a 200-year storm
event.
(3) Blackstone river valley, rhode island and massachusetts.--
(A) In general.--The study for ecosystem restoration,
Blackstone River Valley, Rhode Island and Massachusetts,
authorized by section 569 of the Water Resources Development
Act of 1996 (110 Stat. 3788), is modified to authorize the
Secretary to conduct a study for water supply, water flow, and
wetland restoration and protection within the scope of the
study.
(B) Incorporation of existing data.--In carrying out the
study described in subparagraph (A), the Secretary shall use,
to the extent practicable, any existing data for the project
prepared under the authority of section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330).
(4) Lower saddle river, new jersey.--The study for flood
control, Lower Saddle River, New Jersey, authorized by section
401(a) of the Water Resources Development Act of 1986 (100 Stat.
4119), is modified to authorize the Secretary to review the
previously authorized study and take into consideration changes in
hydraulic and hydrologic circumstances and local economic
development since the study was initially authorized.
(5) Trinity river and tributaries, texas.--The study for
navigation, Liberty, Texas, authorized by section 1201(7) of the
Water Resources Development Act of 2018 (132 Stat. 3802), is
modified to authorize the Secretary to include in the study flood
risk management and ecosystem restoration.
SEC. 8204. CORPS OF ENGINEERS RESERVOIR SEDIMENTATION ASSESSMENT.
(a) In General.--The Secretary, at Federal expense, shall conduct
an assessment of sediment in reservoirs owned and operated by the
Secretary.
(b) Contents.--For each reservoir for which the Secretary carries
out an assessment under subsection (a), the Secretary shall include in
the assessment--
(1) an estimation of the volume of sediment in the reservoir;
(2) an evaluation of the effects of such sediment on reservoir
storage capacity, including a quantification of lost reservoir
storage capacity due to the sediment and an evaluation of how such
lost reservoir storage capacity affects the allocated storage space
for authorized purposes within the reservoir (including, where
applicable, allocations for dead storage, inactive storage, active
conservation, joint use, and flood surcharge);
(3) the identification of any additional effects of sediment on
the operations of the reservoir or the ability of the reservoir to
meet its authorized purposes;
(4) the identification of any potential effects of the sediment
over the 10-year period beginning on the date of enactment of this
Act on the areas immediately upstream and downstream of the
reservoir;
(5) the identification of any existing sediment monitoring and
management plans associated with the reservoir;
(6) for any reservoir that does not have a sediment monitoring
and management plan--
(A) an identification of whether a sediment management plan
for the reservoir is under development; or
(B) an assessment of whether a sediment management plan for
the reservoir would be useful in the long-term operation and
maintenance of the reservoir for its authorized purposes; and
(7) any opportunities for beneficial use of the sediment in the
vicinity of the reservoir.
(c) Report to Congress; Public Availability.--Not later than 2
years after the date of enactment of this Act, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available (including on a
publicly available website), a report describing the results of the
assessment carried out under subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, to remain available
until expended.
SEC. 8205. REPORT AND RECOMMENDATIONS ON DREDGE CAPACITY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate, and make
publicly available (including on a publicly available website), a
report that includes--
(1) a quantification of the expected hopper and pipeline
dredging needs of authorized water resources development projects
for the 10 years after the date of enactment of this Act,
including--
(A) the dredging needs to--
(i) construct deepenings or widenings at authorized but
not constructed projects and the associated operations and
maintenance needs of such projects; and
(ii) operate and maintain existing Federal navigation
channels;
(B) the amount of dredging to be carried out by the Corps
of Engineers for other Federal agencies;
(C) the dredging needs associated with authorized hurricane
and storm damage risk reduction projects (including periodic
renourishment); and
(D) the dredging needs associated with projects for the
beneficial use of dredged material authorized by section 1122
of the Water Resources Development Act of 2016 (33 U.S.C. 2326
note);
(2) an identification of the Federal appropriations for
dredging projects and expenditures from the Harbor Maintenance
Trust Fund for fiscal year 2015 and each fiscal year thereafter;
(3) an identification of the dredging capacity of the domestic
hopper and pipeline dredge fleet, including publicly owned and
privately owned vessels, in each of the 10 years preceding the date
of enactment of this Act;
(4) an analysis of the ability of the domestic hopper and
pipeline dredge fleet to meet the expected dredging needs
identified under paragraph (1), including an analysis of such
ability in each of--
(A) the east coast region;
(B) the west coast region, including the States of Alaska
and Hawaii;
(C) the gulf coast region; and
(D) the Great Lakes region;
(5) an identification of the dredging capacity of domestic
hopper and pipeline dredge vessels that are under contract for
construction and intended to be used at water resources development
projects;
(6) an identification of any hopper or pipeline dredge vessel
expected to be retired or become unavailable during the 10-year
period beginning on the date of enactment of this section;
(7) an identification of the potential costs of using either
public or private dredging to carry out authorized water resources
development projects; and
(8) any recommendations of the Secretary for adding additional
domestic hopper and pipeline dredging capacity, including adding
public and private dredging vessels to the domestic hopper and
pipeline dredge fleet to efficiently service water resources
development projects.
(b) Opportunity for Participation.--In carrying out subsection (a),
the Secretary shall provide interested stakeholders, including
representatives from the commercial dredging industry, with an
opportunity to submit comments to the Secretary.
(c) Sense of Congress.--It is the sense of Congress that the Corps
of Engineers should add additional dredging capacity if the addition of
such capacity would--
(1) enable the Corps of Engineers to carry out water resources
development projects in an efficient and cost-effective manner; and
(2) be in the best interests of the United States.
SEC. 8206. ASSESSMENT OF IMPACTS FROM CHANGING OPERATION AND
MAINTENANCE RESPONSIBILITIES.
(a) In General.--The Secretary shall carry out an assessment of the
consequences of amending section 101(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(b)) to authorize the operation
and maintenance of navigation projects for a harbor or inland harbor
constructed by the Secretary at 100-percent Federal cost to a depth of
55 feet.
(b) Contents.--In carrying out the assessment under subsection (a),
the Secretary shall--
(1) describe all existing Federal navigation projects that are
authorized or constructed to a depth of 55 feet or greater;
(2) describe any Federal navigation project that is likely to
seek authorization or modification to a depth of 55 feet or greater
during the 10-year period beginning on the date of enactment of
this section;
(3) estimate--
(A) the potential annual increase in Federal costs that
would result from authorizing operation and maintenance of a
navigation project to a depth of 55 feet at Federal expense;
and
(B) the potential cumulative increase in such Federal costs
during the 10-year period beginning on the date of enactment of
this section; and
(4) assess the potential effect of authorizing operation and
maintenance of a navigation project to a depth of 55 feet at
Federal expense on other Federal navigation operation and
maintenance activities, including the potential impact on
activities at donor ports, energy transfer ports, emerging harbor
projects, and projects carried out in the Great Lakes Navigation
System, as such terms are defined in section 102(a)(2) of the Water
Resources Development Act of 2020 (33 U.S.C. 2238 note).
(c) Report.--Not later than 18 months after the date of enactment
of this section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate, and make
publicly available (including on a publicly available website), a
report describing the results of the assessment carried out under
subsection (a).
SEC. 8207. MAINTENANCE DREDGING DATA.
Section 1133(b)(3) of the Water Resources Development Act of 2016
(33 U.S.C. 2326f(b)(3)) is amended by inserting ``, including a
separate line item for all Federal costs associated with the disposal
of dredged material'' before the semicolon.
SEC. 8208. WESTERN INFRASTRUCTURE STUDY.
(a) Comprehensive Study.--The Secretary shall conduct a
comprehensive study to evaluate the effectiveness of carrying out
additional measures, including measures that use natural features or
nature-based features, at or upstream of covered reservoirs, for the
purposes of--
(1) sustaining operations in response to changing hydrological
and climatic conditions;
(2) mitigating the risk of drought or floods, including the
loss of storage capacity due to sediment accumulation;
(3) increasing water supply; or
(4) aquatic ecosystem restoration.
(b) Study Focus.--In conducting the study under subsection (a), the
Secretary shall include all covered reservoirs located in the South
Pacific Division of the Corps of Engineers.
(c) Consultation and Use of Existing Data.--
(1) Consultation.--In conducting the study under subsection
(a), the Secretary shall consult with applicable--
(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) stakeholders, as determined appropriate by the
Secretary.
(2) Use of existing data and prior studies.--In conducting the
study under subsection (a), the Secretary shall, to the maximum
extent practicable and where appropriate--
(A) use existing data provided to the Secretary by entities
described in paragraph (1); and
(B) incorporate--
(i) relevant information from prior studies and
projects carried out by the Secretary; and
(ii) the relevant technical data and scientific
approaches with respect to changing hydrological and
climatic conditions.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that describes--
(1) the results of the study; and
(2) any recommendations for additional study in specific
geographic areas.
(e) Savings Provision.--Nothing in this section provides authority
to the Secretary to change the authorized purposes of any covered
reservoir.
(f) Definitions.--In this section:
(1) Covered reservoir.--The term ``covered reservoir'' means a
reservoir owned and operated by the Secretary or for which the
Secretary has flood control responsibilities under section 7 of the
Act of December 22, 1944 (33 U.S.C. 709).
(2) Natural feature and nature-based feature.--The terms
``natural feature'' and ``nature-based feature'' have the meanings
given such terms in section 1184(a) of the Water Resources
Development Act of 2016 (33 U.S.C. 2289a(a)).
SEC. 8209. RECREATION AND ECONOMIC DEVELOPMENT AT CORPS FACILITIES IN
APPALACHIA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall prepare and submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
plan to implement the recreational and economic development
opportunities identified by the Secretary in the report submitted under
section 206 of the Water Resources Development Act of 2020 (134 Stat.
2680) at Corps of Engineers facilities located within a distressed
county or an at-risk county (as described in subsection (a)(1) of such
section) in Appalachia.
(b) Considerations.--In accordance with existing guidance, in
preparing the plan under subsection (a), the Secretary shall consider
options for Federal funding, partnerships, and outgrants to Federal,
State, and local governments, nonprofit organizations, and commercial
businesses.
SEC. 8210. OUACHITA RIVER WATERSHED, ARKANSAS AND LOUISIANA.
The Secretary shall conduct a review of projects in the Ouachita
River watershed, Arkansas and Louisiana, under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a).
SEC. 8211. REPORT ON SANTA BARBARA STREAMS, LOWER MISSION CREEK,
CALIFORNIA.
Not later than 1 year after the date of enactment of this section,
the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make publicly available
(including on a publicly available website), a report that provides an
updated economic review of the remaining portions of the project for
flood damage reduction, Santa Barbara streams, Lower Mission Creek,
California, authorized by section 101(b) of the Water Resources
Development Act of 2000 (114 Stat. 2577), taking into consideration
work already completed by the non-Federal interest.
SEC. 8212. DISPOSITION STUDY ON SALINAS DAM AND RESERVOIR, CALIFORNIA.
In carrying out the disposition study for the project for Salinas
Dam (Santa Margarita Lake), California, pursuant to section 202(d) of
the Water Resources Development Act of 2020 (134 Stat. 2675), the
Secretary shall--
(1) ensure that the County of San Luis Obispo is provided right
of first refusal for any potential conveyance of the project; and
(2) ensure that the study identifies and describes any
potential repairs or modifications to the project necessary to meet
Federal and State dam safety requirements prior to transferring the
project.
SEC. 8213. EXCESS LANDS REPORT FOR WHITTIER NARROWS DAM, CALIFORNIA.
(a) In General.--Not later than 1 year after the date of enactment
of this section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
that identifies any real property associated with the Whittier Narrows
Dam element of the Los Angeles County Drainage Area project that the
Secretary determines--
(1) is not needed to carry out the authorized purposes of the
Whittier Narrows Dam element of such project; and
(2) could be transferred to the City of Pico Rivera,
California, for the replacement of recreational facilities located
in such city that were adversely impacted by dam safety
construction activities associated with the Whittier Narrows Dam
element of such project.
(b) Los Angeles County Drainage Area Project Defined.--In this
section, the term ``Los Angeles County Drainage Area project'' means
the project for flood control, Los Angeles County Drainage Area,
California, authorized by section 101(b) of the Water Resources
Development Act of 1990 (104 Stat. 4611; 130 Stat. 1690).
SEC. 8214. COMPREHENSIVE CENTRAL AND SOUTHERN FLORIDA STUDY.
(a) In General.--The Secretary is authorized to carry out a
feasibility study for resiliency and comprehensive improvements or
modifications to existing water resources development projects in the
central and southern Florida area, for the purposes of flood risk
management, water supply, ecosystem restoration (including preventing
saltwater intrusion), recreation, and related purposes.
(b) Requirements.--In carrying out the feasibility study under
subsection (a), the Secretary--
(1) is authorized to--
(A) review the report of the Chief of Engineers on central
and southern Florida, published as House Document 643, 80th
Congress, 2d Session, and other related reports of the
Secretary; and
(B) recommend cost-effective structural and nonstructural
projects for implementation that provide a systemwide approach
for the purposes described in subsection (a); and
(2) shall ensure the study and any projects recommended under
paragraph (1)(B) will not interfere with the efforts undertaken to
carry out the Comprehensive Everglades Restoration Plan pursuant to
section 601 of the Water Resources Development Act of 2000 (114
Stat. 2680; 132 Stat. 3786).
SEC. 8215. NORTHERN ESTUARIES ECOSYSTEM RESTORATION, FLORIDA.
(a) Definitions.--In this section:
(1) Central and southern florida project.--The term ``Central
and Southern Florida Project'' has the meaning given that term in
section 601 of the Water Resources Development Act of 2000.
(2) Northern estuaries.--The term ``northern estuaries'' means
the Caloosahatchee Estuary, Charlotte Harbor, Indian River Lagoon,
Lake Worth Lagoon, and St. Lucie River Estuary.
(3) South florida ecosystem.--
(A) In general.--The term ``South Florida ecosystem'' means
the area consisting of the land and water within the boundary
of the South Florida Water Management District in effect on
July 1, 1999.
(B) Inclusions.--The term ``South Florida ecosystem''
includes--
(i) the Everglades;
(ii) the Florida Keys;
(iii) the contiguous near-shore coastal water of South
Florida; and
(iv) Florida's Coral Reef.
(4) Study area.--The term ``study area'' means all lands and
waters within--
(A) the northern estuaries;
(B) the South Florida ecosystem; and
(C) the study area boundaries of the Indian River Lagoon
National Estuary Program and the Coastal and Heartland Estuary
Partnership, authorized pursuant to section 320 of the Federal
Water Pollution Control Act (33 U.S.C. 1330).
(b) Proposed Comprehensive Plan.--
(1) Development.--The Secretary shall develop, in cooperation
with the non-Federal sponsors of the Central and Southern Florida
project and any relevant Federal, State, and Tribal agencies, a
proposed comprehensive plan for the purpose of restoring,
preserving, and protecting the northern estuaries.
(2) Inclusions.--In carrying out paragraph (1), the Secretary
shall develop a proposed comprehensive plan that provides for
ecosystem restoration within the northern estuaries, including the
elimination of harmful discharges from Lake Okeechobee.
(3) Submission.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to Congress for
approval--
(A) the proposed comprehensive plan developed under this
subsection; and
(B) recommendations for future feasibility studies within
the study area for the ecosystem restoration of the northern
estuaries.
(4) Interim reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the submission
of the proposed comprehensive plan under paragraph (3), the
Secretary shall submit to Congress an interim report on the
development of the proposed comprehensive plan.
(5) Additional studies and analyses.--Notwithstanding the
submission of the proposed comprehensive plan under paragraph (3),
the Secretary shall continue to conduct such studies and analyses
after the date of such submission as are necessary for the purpose
of restoring, preserving, and protecting the northern estuaries.
(c) Limitation.--Nothing in this section shall be construed to
require the alteration or amendment of the schedule for completion of
the Comprehensive Everglades Restoration Plan.
SEC. 8216. STUDY ON SHELLFISH HABITAT AND SEAGRASS, FLORIDA CENTRAL
GULF COAST.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the Secretary shall carry out a study, and
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report, on projects and activities carried out
through the Engineer Research and Development Center to restore
shellfish habitat and seagrass in coastal estuaries in the Florida
Central Gulf Coast.
(b) Requirements.--In conducting the study under subsection (a),
the Secretary shall--
(1) consult with independent expert scientists and other
regional stakeholders with relevant expertise and experience; and
(2) coordinate with Federal, State, and local agencies
providing oversight for both short- and long-term monitoring of the
projects and activities described in subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000, to remain available
until expended.
SEC. 8217. REPORT ON SOUTH FLORIDA ECOSYSTEM RESTORATION PLAN
IMPLEMENTATION.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that provides an
update on--
(1) Comprehensive Everglades Restoration Plan projects, as
authorized by or pursuant to section 601 of the Water Resources
Development Act of 2000 (114 Stat. 2680; 121 U.S.C. 1269; 132
U.S.C. 3786);
(2) the review of the Lake Okeechobee Regulation Schedule
pursuant to section 1106 of the Water Resources Development Act of
2018 (132 Stat. 3773) and section 210 of the Water Resources
Development Act of 2020 (134 U.S.C. 2682); and
(3) any additional water resources development projects and
studies included in the South Florida Ecosystem Restoration Plan
Integrated Delivery Schedule prepared in accordance with part 385
of title 33, Code of Federal Regulations.
(b) Contents.--The Secretary shall include in the report submitted
under subsection (a) the status of each authorized water resources
development project or study described in such subsection, including--
(1) an estimated implementation or completion date of the
project or study; and
(2) the estimated costs to complete implementation or
construction, as applicable, of the project or study.
SEC. 8218. GREAT LAKES RECREATIONAL BOATING.
Notwithstanding subsection (f) of section 455 of the Water
Resources Development Act of 1999 (42 U.S.C. 1962d-21), not later than
1 year after the date of enactment of this Act, the Secretary shall
prepare, at Federal expense, and submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report updating the
findings of the report on the economic benefits of recreational boating
in the Great Lakes basin prepared under subsection (c) of such section.
SEC. 8219. HYDRAULIC EVALUATION OF UPPER MISSISSIPPI RIVER AND ILLINOIS
RIVER.
(a) Study.--The Secretary, in coordination with relevant Federal
agencies, shall, at Federal expense, periodically carry out a study
to--
(1) evaluate the flow frequency probabilities of the Upper
Mississippi River and the Illinois River; and
(2) develop updated water surface profiles for such rivers.
(b) Area of Evaluation.--In carrying out subsection (a), the
Secretary shall conduct analysis along the mainstem of the Mississippi
River from upstream of the Minnesota River confluence near Anoka,
Minnesota, to just upstream of the Ohio River confluence near Cairo,
Illinois, and along the Illinois River from Dresden Island Lock and Dam
to the confluence with the Mississippi River, near Grafton, Illinois.
(c) Reports.--Not later than 5 years after the date of enactment of
this Act, and not less frequently than every 20 years thereafter, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report containing the
results of a study carried out under subsection (a).
(d) Public Availability.--Any information developed under
subsection (a) shall be made publicly available, including on a
publicly available website.
SEC. 8220. DISPOSITION STUDY ON HYDROPOWER IN THE WILLAMETTE VALLEY,
OREGON.
(a) Disposition Study.--
(1) In general.--The Secretary shall carry out a disposition
study to determine the Federal interest in, and identify the
effects of, deauthorizing hydropower as an authorized purpose, in
whole or in part, of the Willamette Valley hydropower project.
(2) Contents.--In carrying out the disposition study under
paragraph (1), the Secretary shall review the effects of
deauthorizing hydropower on--
(A) Willamette Valley hydropower project operations;
(B) other authorized purposes of such project;
(C) cost apportionments;
(D) dam safety;
(E) compliance with the requirements of the Endangered
Species Act (16 U.S.C. 1531 et seq.); and
(F) the operations of the remaining dams within the
Willamette Valley hydropower project.
(3) Recommendations.--If the Secretary, through the disposition
study authorized by paragraph (1), determines that hydropower
should be removed as an authorized purpose of any part of the
Willamette Valley hydropower project, the Secretary shall also
investigate and recommend any necessary structural or operational
changes at such project that are necessary to achieve an
appropriate balance among the remaining authorized purposes of such
project or changes to such purposes.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall issue a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate that
describes--
(1) the results of the disposition study on deauthorizing
hydropower as a purpose of the Willamette Valley hydropower
project; and
(2) any recommendations required under subsection (a)(3).
(c) Costs.--Until such time as the report required under subsection
(b) is issued, any new construction-related expenditures of the
Secretary at the Willamette Valley hydropower project that are assigned
to hydropower shall not be reimbursable.
(d) Definition.--In this section, the term ``Willamette Valley
hydropower project'' means the system of dams and reservoir projects
authorized to generate hydropower and the power features that operate
in conjunction with the main regulating dam facilities, including the
Big Cliff, Dexter, and Foster re-regulating dams in the Willamette
River Basin, Oregon, as authorized by section 4 of the Flood Control
Act of 1938 (chapter 795, 52 Stat. 1222; 62 Stat. 1178; 64 Stat. 177;
68 Stat. 1264; 74 Stat. 499; 100 Stat. 4144).
SEC. 8221. HOUSTON SHIP CHANNEL EXPANSION CHANNEL IMPROVEMENT PROJECT,
TEXAS.
The Secretary shall expedite the completion of a study under
section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) for
modifications of the project for navigation, Houston Ship Channel
Expansion Channel Improvement Project, Harris, Chambers, and Galveston
Counties, Texas, authorized by section 401 of the Water Resources
Development Act of 2020 (134 Stat. 2734), to incorporate into the
project the construction of barge lanes immediately adjacent to either
side of the Houston Ship Channel from Bolivar Roads to Morgan's Point.
SEC. 8222. SABINE-NECHES WATERWAY NAVIGATION IMPROVEMENT PROJECT,
TEXAS.
The Secretary shall expedite the review and coordination of the
feasibility study for the project for navigation, Sabine-Neches
Waterway, Texas, under section 203(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2231(b)).
SEC. 8223. NORFOLK HARBOR AND CHANNELS, VIRGINIA.
Not later than December 31, 2023, the Secretary shall complete a
post-authorization change report for the Anchorage F modifications to
the project for navigation, Norfolk Harbor and Channels, Virginia,
authorized by section 201 of the Water Resources Development Act of
1986 (100 Stat. 4090; 132 Stat. 3840).
SEC. 8224. COASTAL VIRGINIA, VIRGINIA.
(a) In General.--In carrying out the feasibility study for the
project for flood risk management, ecosystem restoration, and
navigation, Coastal Virginia, authorized by section 1201(9) of the
Water Resources Development Act of 2018 (132 Stat. 3802), the Secretary
is authorized to enter into a written agreement with any Federal agency
that owns or operates property in the area of the project to accept and
expend funds from such Federal agency to include in the study an
analysis with respect to property owned or operated by such Federal
agency.
(b) Information.--The Secretary shall use any relevant information
obtained from a Federal agency described in subsection (a) to carry out
the feasibility study described in such subsection.
SEC. 8225. WEST VIRGINIA HYDROPOWER.
(a) In General.--For water resources development projects described
in subsection (b), the Secretary is authorized to evaluate Federal and
non-Federal modifications to such projects for the purposes of adding
capacity for hydropower generation or energy storage.
(b) Projects Described.--The projects referred to in subsection (a)
are the following:
(1) Sutton Dam, Braxton County, West Virginia, authorized by
section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).
(2) Hildebrand Lock and Dam, Monongahela County, West Virginia,
authorized by section 101 of the River and Harbor Act of 1950
(chapter 188, 64 Stat. 166).
(3) Bluestone Lake, Summers County, West Virginia, authorized
by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat.
1586).
(4) R.D. Bailey Dam, Wyoming County, West Virginia, authorized
by section 203 of the Flood Control Act of 1962 (76 Stat. 1188).
(5) Stonewall Jackson Dam, Lewis County, West Virginia,
authorized by section 203 of the Flood Control Act of 1966 (80
Stat. 1421).
(6) East Lynn Dam, Wayne County, West Virginia, authorized by
section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).
(7) Burnsville Lake, Braxton County, West Virginia, authorized
by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat.
1586).
(c) Demonstration Projects.--In carrying out subsection (a), the
Secretary may carry out demonstration projects for purposes of testing
and evaluating technology for adding capacity for hydropower generation
or energy storage to a project described in subsection (b).
SEC. 8226. ELECTRONIC PREPARATION AND SUBMISSION OF APPLICATIONS.
Section 2040(f) of the Water Resources Development Act of 2007 (33
U.S.C. 2345(f)) is amended--
(1) in paragraph (1), by striking ``Water Resources Development
Act of 2016'' and inserting ``Water Resources Development Act of
2022''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Update on electronic system implementation.--The
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a quarterly update
describing the status of the implementation of this section.''.
SEC. 8227. INVESTMENTS FOR RECREATION AREAS.
(a) Sense of Congress.--It is the sense of Congress that the Corps
of Engineers should use all available authorities to promote and
enhance development and recreational opportunities at lakes that are
part of authorized civil works projects under the administrative
jurisdiction of the Corps of Engineers.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on investments
needed to support recreational activities that are part of authorized
water resources development projects under the administrative
jurisdiction of the Corps of Engineers.
(c) Requirements.--The report under subsection (b) shall include--
(1) a list of deferred maintenance projects, including
maintenance projects relating to recreational facilities and sites
and associated access roads;
(2) a plan to fund the projects described in paragraph (1)
during the 5-year period beginning on the date of enactment of this
Act;
(3) a description of efforts made by the Corps of Engineers to
coordinate investments in recreational facilities and sites and
associated access roads with--
(A) State and local governments; or
(B) private entities; and
(4) an assessment of whether the modification of Federal
contracting requirements could accelerate the availability of funds
for the projects described in paragraph (1).
SEC. 8228. AUTOMATED FEE MACHINES.
For the purpose of mitigating adverse impacts to public access to
outdoor recreation, to the maximum extent practicable, the Secretary
shall consider alternatives to the use of automated fee machines for
the collection of fees for the use of developed recreation sites and
facilities in West Virginia.
SEC. 8229. REVIEW OF RECREATIONAL HAZARDS.
(a) In General.--The Secretary shall--
(1) carry out a review of potential threats to human life and
safety from use of covered sites; and
(2) install such technologies and other measures, including
sirens, strobe lights, and signage, that the Secretary, based on
the review carried out under paragraph (1), determines necessary
for alerting the public of hazardous water conditions or to
otherwise minimize or eliminate any identified threats to human
life and safety.
(b) Covered Sites Defined.--In this section, the term ``covered
sites'' means--
(1) designated recreational areas at the Buford Dam, Lake
Sidney Lanier, Georgia, authorized by section 1 of the Act of July
24, 1946 (chapter 595, 60 Stat. 635);
(2) designated recreational areas at the banks of the
Mississippi River, Louisiana; and
(3) the project for navigation, Murderkill River, Delaware,
authorized by the first section of the Act of July 13, 1892
(chapter 158, 27 Stat. 98).
SEC. 8230. ASSESSMENT OF COASTAL FLOODING MITIGATION MODELING AND
TESTING CAPACITY.
(a) In General.--The Secretary, acting through the Director of the
Engineer Research and Development Center, shall carry out an assessment
of the current capacity of the Corps of Engineers to model coastal
flood mitigation systems and test the effectiveness of such systems in
preventing flood damage resulting from coastal storm surges.
(b) Considerations.--In carrying out the assessment under
subsection (a), the Secretary shall--
(1) identify the capacity of the Corps of Engineers to--
(A) carry out the testing of the performance and
reliability of coastal flood mitigation systems; or
(B) collaborate with private industries to carry out such
testing;
(2) identify any limitations or deficiencies at Corps of
Engineers facilities that are capable of testing the performance
and reliability of coastal flood mitigation systems;
(3) assess any benefits that would result from addressing the
limitations or deficiencies identified under paragraph (2); and
(4) provide recommendations for addressing such limitations or
deficiencies.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate, and
make publicly available (including on a publicly available website), a
report describing the results of the assessment carried out under
subsection (a).
SEC. 8231. REPORT ON SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL
BUSINESS CONCERNS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate, and make
publicly available (including on a publicly available website), a
report that describes and documents the use of contracts and
subcontracts with Small Disadvantaged Businesses in carrying out the
water resources development authorities of the Secretary.
(b) Information.--The Secretary shall include in the report under
subsection (a) information on the distribution of funds to Small
Disadvantaged Businesses on a disaggregated basis.
(c) Definition.--In this section, the term ``Small Disadvantaged
Business'' has the meaning given that term in section 124.1001 of title
13, Code of Federal Regulations (or successor regulations).
SEC. 8232. REPORT ON SOLAR ENERGY OPPORTUNITIES.
(a) Assessment.--
(1) In general.--The Secretary shall conduct an assessment, in
collaboration with relevant Federal agencies and after consultation
with relevant non-Federal interests, of opportunities to install
and maintain photovoltaic solar panels (including floating solar
panels) at covered projects.
(2) Contents.--The assessment conducted under paragraph (1)
shall--
(A) include a description of the economic, environmental,
and technical viability of installing and maintaining, or
contracting with third parties to install and maintain,
photovoltaic solar panels at covered projects;
(B) identify covered projects with a high potential for the
installation and maintenance of photovoltaic solar panels and
whether such installation and maintenance would require
additional authorization;
(C) account for potential impacts of photovoltaic solar
panels at covered projects and the authorized purposes of such
projects, including potential impacts on flood risk reduction,
navigation, recreation, water supply, and fish and wildlife;
and
(D) account for the availability of electric grid
infrastructure close to covered projects, including
underutilized transmission infrastructure.
(b) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress, and make
publicly available (including on a publicly available website), a
report containing the results of the assessment conducted under
subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $10,000,000 to carry out this section.
(d) Definition.--In this section, the term ``covered project''
means--
(1) any property under the control of the Corps of Engineers;
and
(2) any water resources development project constructed by the
Secretary or over which the Secretary has financial or operational
responsibility.
SEC. 8233. REPORT TO CONGRESS ON ECONOMIC VALUATION OF PRESERVATION OF
OPEN SPACE, RECREATIONAL AREAS, AND HABITAT ASSOCIATED WITH PROJECT
LANDS.
(a) In General.--The Secretary shall conduct a review of the
existing statutory, regulatory, and policy requirements related to the
determination of the economic value of lands that--
(1) may be provided by the non-Federal interest, as necessary,
for the construction of a project for flood risk reduction or
hurricane and storm risk reduction in accordance with section
103(i) of the Water Resources Development Act of 1986 (33 U.S.C.
2213(i));
(2) are being maintained for open space, recreational areas, or
preservation of fish and wildlife habitat; and
(3) will continue to be so maintained as part of the project.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this section, the Secretary shall issue to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
report containing the results of the review conducted under subsection
(a), including--
(1) a summary of the existing statutory, regulatory, and policy
requirements described in such subsection;
(2) a description of the requirements and process the Secretary
uses to place an economic value on the lands described in such
subsection;
(3) an assessment of whether such requirements and process
affect the ability of a non-Federal interest to provide such lands
for the construction of a project described in such subsection;
(4) an assessment of whether such requirements and process
directly or indirectly encourage the selection of developed lands
for the construction of a project, or have the potential to affect
the total cost of a project; and
(5) the identification of alternative measures for determining
the economic value of such lands that could provide incentives for
the preservation of open space, recreational areas, and habitat in
association with the construction of a project.
SEC. 8234. REPORT ON CORROSION PREVENTION ACTIVITIES.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make publicly available
(including on a publicly available website), a report that describes--
(1) the extent to which the Secretary has carried out section
1033 of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2350);
(2) the extent to which the Secretary has incorporated
corrosion prevention activities (as defined in such section) at
water resources development projects constructed or maintained by
the Secretary since the date of enactment of such section; and
(3) in instances where the Secretary has not incorporated
corrosion prevention activities at such water resources development
projects since such date, an explanation of why such corrosion
prevention activities have not been incorporated.
SEC. 8235. REPORT TO CONGRESS ON EASEMENTS RELATED TO WATER RESOURCES
DEVELOPMENT PROJECTS.
(a) In General.--The Secretary shall conduct a review of the
existing statutory, regulatory, and policy requirements and procedures
related to the use, in relation to the construction of a project for
flood risk management, hurricane and storm damage risk reduction, or
ecosystem restoration, of covered easements that may be provided to the
Secretary by non-Federal interests.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
containing the results of the review conducted under subsection (a),
including--
(1) the findings of the Secretary relating to--
(A) the minimum rights in property that are necessary to
construct, operate, or maintain projects for flood risk
management, hurricane and storm damage risk reduction, or
ecosystem restoration;
(B) whether increased use of covered easements in relation
to such projects could promote greater participation from
cooperating landowners in addressing local flooding or
ecosystem restoration challenges; and
(C) whether such increased use could result in cost savings
in the implementation of the projects, without any reduction in
project benefits; and
(2) any recommendations of the Secretary relating to whether
existing requirements or procedures related to such use of covered
easements should be revised to reflect the results of the review.
(c) Definition.--In this section, the term ``covered easement''
means an easement or other similar interest in real property that--
(1) reserves for the Secretary rights in the property that are
necessary to construct, operate, or maintain a water resources
development project;
(2) provides for appropriate public use of the property, and
retains the right of continued use of the property by the owner of
the property, to the extent such uses are consistent with purposes
of the covered easement;
(3) provides access to the property for oversight and
inspection by the Secretary;
(4) is permanently recorded; and
(5) is enforceable under Federal and State law.
SEC. 8236. GAO STUDIES.
(a) Study on Project Distribution.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall initiate an analysis of--
(A) the geographic distribution of annual and supplemental
funding for water resources development projects carried out by
the Secretary over the immediately preceding 5 fiscal years;
and
(B) the factors contributing to such distribution.
(2) Report.--Upon completion of the analysis required under
paragraph (1), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of such analysis.
(b) Assessment of Concessionaire Practices.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall initiate an assessment of the concessionaire lease practices
of the Corps of Engineers.
(2) Scope.--In conducting the assessment under paragraph (1),
the Comptroller General shall assess--
(A) the extent to which the formula of the Corps of
Engineers for calculating concessionaire rental rates allows
concessionaires to obtain a reasonable return on investment,
taking into account operating margins for sales of food and
fuel; and
(B) the process and formula for assessing administrative
fees for concessionaire leases that addresses--
(i) the statutory authority for such fees; and
(ii) the extent to which the process and formula for
assessing such fees are transparent and consistent across
districts of the Corps of Engineers.
(3) Report.--Upon completion of the assessment required under
paragraph (1), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of such assessment.
(c) Audit of Projects Over Budget or Behind Schedule.--
(1) List required.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall provide to the
Comptroller General of the United States a list of each covered
ongoing water resources development project.
(2) Review.--Not later than 1 year after receiving the list
under paragraph (1), the Comptroller General shall initiate a
review of the factors and conditions resulting in the estimated
project cost or completion date exceedances for each covered
ongoing water resources development project.
(3) Report.--Upon completion of the review conducted under
paragraph (2), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of such review.
(4) Definition of covered ongoing water resources development
project.--In this subsection, the term ``covered ongoing water
resources development project'' means a water resources development
project being carried out by the Secretary for which, as of the
date of enactment of this Act--
(A) the estimated total project cost of the project exceeds
the authorized total project cost of the project by not less
than $50,000,000; or
(B) the estimated completion date of the project exceeds
the original estimated completion date of the project by not
less than 5 years.
(d) Studies on Mitigation.--
(1) Study on mitigation for water resources development
projects.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a review of projects and activities to
mitigate fish and wildlife losses resulting from the
construction, or operation and maintenance, of an authorized
water resources development project.
(B) Requirements.--In conducting the review under
subparagraph (A), the Comptroller General shall--
(i) assess the extent to which--
(I) districts of the Corps of Engineers
consistently implement the final rule of the Department
of Defense and the Environmental Protection Agency
titled ``Compensatory Mitigation for Losses of Aquatic
Resources'' and issued on April 10, 2008 (73 Fed. Reg.
19594);
(II) mitigation projects and activities (including
the acquisition of lands or interests in lands) restore
the natural hydrologic conditions, restore native
vegetation, and otherwise support native fish and
wildlife species, as required under section 906 of the
Water Resources Development Act of 1986 (33 U.S.C.
2283);
(III) mitigation projects or activities (including
the acquisition of lands or interests in lands) are
undertaken before, or concurrent with, the construction
of the authorized water resources development project
for which such mitigation is required;
(IV) mitigation projects or activities (including
the acquisition of lands or interests in lands) are
completed;
(V) mitigation projects or activities are
undertaken to mitigate fish and wildlife losses
resulting from the operation and maintenance of an
authorized water resources development project,
including based on periodic review and updating of such
projects or activities;
(VI) the Secretary includes mitigation plans, as
required by section 906(d) of the Water Resources
Development Act of 1986 (33 U.S. 2283), in any project
study (as defined in section 2034(l) of the Water
Resources Development Act of 2007 (33 U.S.C. 2343));
(VII) processing and approval of mitigation
projects and activities (including the acquisition of
lands or interests in lands) affects the timeline of
completion of authorized water resources development
projects; and
(VIII) mitigation projects and activities
(including the acquisition of lands or interests in
lands) affect the total cost of authorized water
resources development projects;
(ii) evaluate the performance of each of the mitigation
mechanisms included in the final rule described in clause
(i)(I);
(iii) evaluate the efficacy of the use of alternative
methods, such as a performance-based contract, to satisfy
mitigation requirements of authorized water resources
development projects;
(iv) review any reports submitted to Congress in
accordance with section 2036(b) of the Water Resources
Development Act of 2007 (121 Stat. 1094) on the status of
construction of authorized water resources development
projects that require mitigation; and
(v) consult with independent scientists, economists,
and other stakeholders with expertise and experience to
conduct such review.
(C) Definition of performance-based contract.--In this
paragraph, the term ``performance-based contract'' means a
procurement mechanism by which the Corps of Engineers contracts
with a public or private non-Federal entity for a specific
mitigation outcome requirement, with payment to the entity
linked to delivery of verifiable, sustainable, and functionally
equivalent mitigation performance.
(D) Report.--Upon completion of the review conducted under
this paragraph, the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of such review.
(2) Study on compensatory mitigation.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a review of the performance metrics for,
compliance with, and adequacy of potential mechanisms for
fulfilling compensatory mitigation obligations pursuant to the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(B) Requirements.--The Comptroller General shall include in
the review conducted under subparagraph (A) an analysis of--
(i) the primary mechanisms for fulfilling compensatory
mitigation obligations, including--
(I) mitigation banks;
(II) in-lieu fee programs; and
(III) direct mitigation by permittees;
(ii) the timeliness of initiation and successful
completion of compensatory mitigation activities in
relation to when a permitted activity occurs;
(iii) the timeliness of processing and approval of
compensatory mitigation activities;
(iv) the costs of carrying out compensatory mitigation
activities borne by the Federal Government, a permittee, or
any other involved entity;
(v) Federal and State agency oversight and short- and
long-term monitoring of compensatory mitigation activities;
(vi) whether a compensatory mitigation activity
successfully replaces any lost or adversely affected
habitat with a habitat having similar functions of equal or
greater ecological value; and
(vii) the continued, long-term operation of the
compensatory mitigation activities over a 5-, 10-, 20-, and
50-year period, including ecological performance and the
functioning of long-term funding mechanisms.
(C) Update.--In conjunction with the review required under
subparagraph (A), the Comptroller General shall review and
update the findings and recommendations contained in the report
of the Comptroller General titled ``Corps of Engineers Does Not
Have an Effective Oversight Approach to Ensure That
Compensatory Mitigation Is Occurring'' and dated September 2005
(GAO-05-898), including a review of Federal agency compliance
with such recommendations.
(D) Report.--Upon completion of the review conducted under
required subparagraph (A), the Comptroller General shall submit
to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the findings of such
review.
(e) Study on Waterborne Commerce Statistics.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall initiate a review of the Waterborne Commerce Statistics
Center of the Corps of Engineers that includes--
(A) an assessment of ways in which the Waterborne Commerce
Statistics Center can improve the collection of information
relating to all commercial maritime activity within the
jurisdiction of a port, including the collection and reporting
of records of fishery landings and aquaculture harvest; and
(B) recommendations to improve the collection of such
information from non-Federal entities, taking into
consideration--
(i) the cost, efficiency, and accuracy of collecting
such information; and
(ii) the protection of proprietary information.
(2) Report.--Upon completion of the review conducted out under
paragraph (1), the Comptroller General shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works
of the Senate a report containing the results of such review.
(f) Study on the Integration of Information Into the National Levee
Database.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall initiate a review of the sharing of levee information, and
the integration of such information into the National Levee
Database, by the Corps of Engineers and the Federal Emergency
Management Agency in accordance with section 9004 of the Water
Resources Development Act of 2007 (33 U.S.C. 3303).
(2) Requirements.--In conducting the review under paragraph
(1), the Comptroller General shall--
(A) investigate the information-sharing protocols and
procedures between the Corps of Engineers and the Federal
Emergency Management Agency regarding the construction of new
Federal flood protection projects;
(B) analyze the timeliness of the integration of
information relating to newly constructed Federal flood
protection projects into the National Levee Database;
(C) identify any delays between the construction of a new
Federal flood protection project and when a policyholder of the
National Flood Insurance Program would realize a premium
discount due to the construction of a new Federal flood
protection project; and
(D) determine whether such information-sharing protocols
are adversely impacting the ability of the Secretary to perform
accurate benefit-cost analyses for future flood risk management
activities.
(3) Report.--Upon completion of the review conducted under
paragraph (1), the Comptroller General shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works
of the Senate a report containing the results of such review.
(g) Audit of Joint Costs for Operation and Maintenance.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall initiate a review of the practices of the Corps of Engineers
with respect to the determination of joint costs associated with
operations and maintenance of reservoirs owned and operated by the
Secretary.
(2) Report.--Upon completion of the review conducted under
paragraph (1), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of such review and any
recommendations that result from such review.
SEC. 8237. ASSESSMENT OF FOREST, RANGELAND, AND WATERSHED RESTORATION
SERVICES ON LANDS OWNED BY THE CORPS OF ENGINEERS.
(a) In General.--The Secretary shall carry out an assessment of
forest, rangeland, and watershed restoration services on lands owned by
the Corps of Engineers, including an assessment of whether the
provision of such services on such lands by non-Federal interests
through good neighbor agreements would be in the best interests of the
United States.
(b) Considerations.--In carrying out the assessment under
subsection (a), the Secretary shall--
(1) describe the forest, rangeland, and watershed restoration
services provided by the Secretary on lands owned by the Corps of
Engineers;
(2) assess whether such services, including efforts to reduce
hazardous fuels and to restore and improve forest, rangeland, and
watershed health (including the health of fish and wildlife
habitats) would be enhanced by authorizing the Secretary to enter
into a good neighbor agreement with a non-Federal interest;
(3) describe the process for ensuring that Federal requirements
for land management plans for forests on lands owned by the Corps
of Engineers remain in effect under good neighbor agreements;
(4) assess whether Congress should authorize the Secretary to
enter into a good neighbor agreement with a non-Federal interest to
provide forest, rangeland, and watershed restoration services on
lands owned by the Corps of Engineers, including by assessing any
interest expressed by a non-Federal interest to enter into such an
agreement;
(5) consider whether implementation of a good neighbor
agreement on lands owned by the Corps of Engineers would benefit
State and local governments and Indian Tribes that are located in
the same geographic area as such lands; and
(6) consult with the heads of other Federal agencies authorized
to enter into good neighbor agreements with non-Federal interests.
(c) Report to Congress.--Not later than 18 months after the date of
enactment of this section, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate, and
make publicly available (including on a publicly available website), a
report describing the results of the assessment carried out under
subsection (a).
(d) Definitions.--In this section:
(1) Forest, rangeland, and watershed restoration services.--The
term ``forest, rangeland, and watershed restoration services'' has
the meaning given such term in section 8206 of the Agricultural Act
of 2014 (16 U.S.C. 2113a).
(2) Good neighbor agreement.--The term ``good neighbor
agreement'' means a cooperative agreement or contract (including a
sole source contract) entered into between the Secretary and a non-
Federal interest to carry out forest, rangeland, and watershed
restoration services.
(3) Lands owned by the corps of engineers.--The term ``lands
owned by the Corps of Engineers'' means any land owned by the Corps
of Engineers, but does not include--
(A) a component of the National Wilderness Preservation
System;
(B) land on which the removal of vegetation is prohibited
or restricted by law or Presidential proclamation;
(C) a wilderness study area; or
(D) any other land with respect to which the Secretary
determines that forest, rangeland, and watershed restoration
services should remain the responsibility of the Secretary.
Subtitle C--Deauthorizations and Modifications
SEC. 8301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes; Proposed Deauthorization List; Submission of Final
List.--Section 301 of the Water Resources Development Act of 2020 (33
U.S.C. 579d-2) is amended by striking subsections (a) through (c) and
inserting the following:
``(a) Purposes.--The purposes of this section are--
``(1) to identify water resources development projects, and
separable elements of projects, authorized by Congress that are no
longer viable for construction due to--
``(A) a lack of local support;
``(B) a lack of available Federal or non-Federal resources;
or
``(C) an authorizing purpose that is no longer relevant or
feasible;
``(2) to create an expedited and definitive process for
Congress to deauthorize water resources development projects and
separable elements that are no longer viable for construction; and
``(3) to allow the continued authorization of water resources
development projects and separable elements that are viable for
construction.
``(b) Proposed Deauthorization List.--
``(1) Preliminary list of projects.--
``(A) In general.--The Secretary shall develop a
preliminary list of each water resources development project,
or separable element of a project, authorized for construction
before November 8, 2007, for which--
``(i) planning, design, or construction was not
initiated before the date of enactment of this Act; or
``(ii) planning, design, or construction was initiated
before the date of enactment of this Act, but for which no
funds, Federal or non-Federal, were obligated for planning,
design, or construction of the project or separable element
of the project during the current fiscal year or any of the
10 preceding fiscal years.
``(B) Use of comprehensive construction backlog and
operation and maintenance report.--The Secretary may develop
the preliminary list from the comprehensive construction
backlog and operation and maintenance reports developed
pursuant to section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a).
``(2) Preparation of proposed deauthorization list.--
``(A) Proposed list and estimated deauthorization amount.--
The Secretary shall--
``(i) prepare a proposed list of projects for
deauthorization comprised of a subset of projects and
separable elements identified on the preliminary list
developed under paragraph (1) that are projects or
separable elements described in subsection (a)(1), as
determined by the Secretary; and
``(ii) include with such proposed list an estimate, in
the aggregate, of the Federal cost to complete such
projects.
``(B) Determination of federal cost to complete.--For
purposes of subparagraph (A), the Federal cost to complete
shall take into account any allowances authorized by section
902 of the Water Resources Development Act of 1986 (33 U.S.C.
2280), as applied to the most recent project schedule and cost
estimate.
``(3) Public comment and consultation.--
``(A) In general.--The Secretary shall solicit comments
from the public and the Governors of each applicable State on
the proposed deauthorization list prepared under paragraph
(2)(A).
``(B) Comment period.--The public comment period shall be
90 days.
``(4) Preparation of final deauthorization list.--
``(A) In general.--The Secretary shall prepare a final
deauthorization list by--
``(i) considering any comments received under paragraph
(3); and
``(ii) revising the proposed deauthorization list
prepared under paragraph (2)(A) as the Secretary determines
necessary to respond to such comments.
``(B) Appendix.--The Secretary shall include as part of the
final deauthorization list an appendix that--
``(i) identifies each project or separable element on
the proposed deauthorization list that is not included on
the final deauthorization list; and
``(ii) describes the reasons why the project or
separable element is not included on the final
deauthorization list.
``(c) Submission of Final Deauthorization List to Congress for
Congressional Review; Publication.--
``(1) In general.--Not later than 90 days after the date of the
close of the comment period under subsection (b)(3), the Secretary
shall--
``(A) submit the final deauthorization list and appendix
prepared under subsection (b)(4) to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate; and
``(B) publish the final deauthorization list and appendix
in the Federal Register.
``(2) Exclusions.--The Secretary shall not include in the final
deauthorization list submitted under paragraph (1) any project or
separable element with respect to which Federal funds for planning,
design, or construction are obligated after the development of the
preliminary list under subsection (b)(1)(A) but prior to the
submission of the final deauthorization list under paragraph (1)(A)
of this subsection.''.
(b) Repeal.--Section 301(d) of the Water Resources Development Act
of 2020 (33 U.S.C. 579d-2(d)) is repealed.
SEC. 8302. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986 (33
U.S.C. 2267a) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(7) sea level rise;
``(8) coastal storm damage reduction; and
``(9) streambank and shoreline protection.''; and
(2) in subsection (d)--
(A) in paragraph (9), by striking ``and'' at the end;
(B) in paragraph (10), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(11) New York-New Jersey Watershed Basin, which encompasses
all the watersheds that flow into the New York-New Jersey Harbor
and their associated estuaries, including the Hudson, Mohawk,
Raritan, Passaic, Hackensack, and Bronx River Watersheds and the
Hudson River Estuary;
``(12) Mississippi River Watershed; and
``(13) Chattahoochee River Basin, Alabama, Florida, and
Georgia.''.
SEC. 8303. FORECAST-INFORMED RESERVOIR OPERATIONS.
(a) Additional Utilization of Forecast-Informed Reservoir
Operations.--Section 1222(c) of the Water Resources Development Act of
2018 (132 Stat. 3811; 134 Stat. 2661) is amended--
(1) in paragraph (1), by striking ``the Upper Missouri River
Basin and the North Platte River Basin'' and inserting ``the Upper
Missouri River Basin, the North Platte River Basin, and the
Apalachicola Chattahoochee Flint River Basin''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``the Upper Missouri
River Basin or the North Platte River Basin'' and inserting
``the Upper Missouri River Basin, the North Platte River Basin,
or the Apalachicola Chattahoochee Flint River Basin''; and
(B) in subparagraph (B), by striking ``the Upper Missouri
River Basin or the North Platte River Basin'' and inserting
``the Upper Missouri River Basin, the North Platte River Basin,
or the Apalachicola Chattahoochee Flint River Basin''.
(b) Completion of Reports.--The Secretary shall expedite completion
of the reports authorized by section 1222 of the Water Resources
Development Act of 2018 (132 Stat. 3811; 134 Stat. 2661).
(c) Forecast-Informed Reservoir Operations.--
(1) In general.--The Secretary is authorized to carry out a
research study pilot program at 1 or more dams owned and operated
by the Secretary in the North Atlantic Division of the Corps of
Engineers to assess the viability of forecast-informed reservoir
operations in the eastern United States.
(2) Report.--Not later than 1 year after completion of the
research study pilot program under paragraph (1), the Secretary
shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment
and Public Works of the Senate a report on the results of the
research study pilot program.
SEC. 8304. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148; 104 Stat. 4646; 110 Stat. 3758; 113 Stat. 295; 121 Stat.
1076; 134 Stat. 2703) is amended--
(1) in paragraph (29), by striking ``and'' at the end;
(2) in paragraph (30), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(31) Salisbury Pond, Worcester, Massachusetts;
``(32) Baisley Pond, New York;
``(33) Legacy Park, Decatur, Georgia; and
``(34) White Rock Lake, Dallas, Texas.''.
SEC. 8305. INVASIVE SPECIES.
(a) Aquatic Invasive Species Research.--Section 1108(a) of the
Water Resources Development Act of 2018 (33 U.S.C. 2263a(a)) is amended
by inserting ``, hydrilla'' after ``elodea''.
(b) Invasive Species Management.--Section 104 of the River and
Harbor Act of 1958 (33 U.S.C. 610) is amended--
(1) in subsection (b)(2)(A)(ii)--
(A) by striking ``$50,000,000'' and inserting
``$75,000,000''; and
(B) by striking ``2024'' and inserting ``2028'';
(2) in subsection (f)(4) by striking ``2024'' and inserting
``2028''; and
(3) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``water quantity or water quality''
and inserting ``water quantity, water quality, or
ecosystems''; and
(II) by inserting ``the Lake Erie Basin, the Ohio
River Basin,'' after ``the Upper Snake River Basin,'';
and
(ii) in subparagraph (B), by inserting ``, hydrilla
(Hydrilla verticillata),'' after ``(Elaeagnus
angustifolia)''; and
(B) in paragraph (3)(D), by striking ``2024'' and inserting
``2028''.
(c) Harmful Algal Bloom Demonstration Program.--Section 128(c) of
the Water Resources Development Act of 2020 (33 U.S.C. 610 note) is
amended to read as follows:
``(c) Focus Areas.--In carrying out the demonstration program under
subsection (a), the Secretary shall undertake program activities
related to harmful algal blooms in--
``(1) the Great Lakes;
``(2) the tidal and inland waters of the State of New Jersey,
including Lake Hopatcong, New Jersey;
``(3) the coastal and tidal waters of the State of Louisiana;
``(4) the waterways of the counties that comprise the
Sacramento-San Joaquin Delta, California;
``(5) the Allegheny Reservoir Watershed, New York;
``(6) Lake Okeechobee, Florida;
``(7) the Caloosahatchee and St. Lucie Rivers, Florida;
``(8) Lake Sidney Lanier, Georgia;
``(9) Rio Grande River Basin, Colorado, New Mexico, and Texas;
``(10) lakes and reservoirs in the State of Ohio;
``(11) the Upper Mississippi River and tributaries;
``(12) Detroit Lake, Oregon;
``(13) Ten Mile Lake, Oregon; and
``(14) the coastal waters of the United States Virgin
Islands.''.
(d) Update on Invasive Species Policy Guidance.--Section 501(b) of
the Water Resources Development Act of 2020 (33 U.S.C. 610 note) is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the Sacramento-San Joaquin Delta, California.''.
SEC. 8306. MAINTENANCE OF NAVIGATION CHANNELS.
Section 509(a) of the Water Resources Development Act of 1996 (110
Stat. 3759; 113 Stat. 339; 114 Stat. 2679) is amended by adding at the
end the following:
``(18) Second harbor at New Madrid County Harbor, Missouri.
``(19) Yabucoa Harbor, Puerto Rico.
``(20) Everett Harbor and Snohomish River, Boat Launch
Connector Channel, Washington.
``(21) Port Townsend, Boat Haven Marina Breakwater, Washington.
``(22) Segment 1B of Houston Ship Channel, Texas.''.
SEC. 8307. PROJECT REAUTHORIZATIONS.
(a) In General.--
(1) New york harbor, new york and new jersey.--The New York
Harbor collection and removal of drift project authorized by
section 2 of the Act of March 4, 1915 (chapter 142, 38 Stat. 1051;
88 Stat. 39; 104 Stat. 4615), and deauthorized pursuant to section
6001 of the Water Resources Reform and Development Act of 2014 (128
Stat. 1345), is authorized to be carried out by the Secretary.
(2) Rio nigua, salinas, puerto rico.--The project for flood
control, Rio Nigua, Salinas, Puerto Rico, authorized by section 101
of the Water Resources Development Act of 1999 (113 Stat. 278), and
deauthorized pursuant to section 6001 of the Water Resources Reform
and Development Act of 2014 (128 Stat. 1345), is authorized to be
carried out by the Secretary.
(3) Rio grande de loiza, puerto rico.--The project for flood
control, Rio Grande De Loiza, Puerto Rico, authorized by section
101 of the Water Resources Development Act of 1992 (106 Stat.
4803), and deauthorized pursuant to section 6001 of the Water
Resources Reform and Development Act of 2014 (128 Stat. 1345), is
authorized to be carried out by the Secretary.
(b) Feasibility Studies.--The Secretary shall carry out, and submit
to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of, a feasibility study for
each of the projects described in subsection (a).
SEC. 8308. SPECIAL RULE FOR CERTAIN BEACH NOURISHMENT PROJECTS.
(a) In General.--In the case of a water resources development
project described in subsection (b), the Secretary shall--
(1) fund, at Federal expense, any incremental increase in cost
to the project that results from a legal requirement to use a
borrow source determined by the Secretary to be other than the
least-cost option; and
(2) exclude the cost described in paragraph (1) from the cost-
benefit analysis for the project.
(b) Water Resources Development Project Described.--A water
resources development project referred to in subsection (a) is any of
the following:
(1) The Townsends Inlet to Cape May Inlet, New Jersey,
hurricane storm damage reduction, shore protection, and ecosystem
restoration project, authorized by section 101(a)(26) of the Water
Resources Development Act of 1999 (113 Stat. 278).
(2) The Folly Beach, South Carolina, shoreline protection
project, authorized by section 501(a) of the Water Resources
Development Act of 1986 (100 Stat. 4136; 105 Stat. 520).
(3) The Carolina Beach and Vicinity, North Carolina, coastal
storm risk management project, authorized by section 203 of the
Flood Control Act of 1962 (76 Stat. 1182; 134 Stat. 2741).
(4) The Wrightsville Beach, North Carolina, coastal storm risk
management project, authorized by section 203 of the Flood Control
Act of 1962 (76 Stat. 1182; 134 Stat. 2741).
(c) Savings Provision.--Nothing in this section limits the
eligibility for, or availability of, Federal expenditures or financial
assistance for any water resources development project, including any
beach nourishment or renourishment project, under any other provision
of Federal law.
SEC. 8309. COLUMBIA RIVER BASIN.
(a) Study of Flood Risk Management Activities.--
(1) In general.--Using funds made available to carry out this
section, the Secretary is authorized, at Federal expense, to carry
out a study to determine the feasibility of a project for flood
risk management and related purposes in the Columbia River Basin
and to report to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment
and Public Works of the Senate with recommendations thereon,
including recommendations for a project to potentially reduce the
reliance on Canada for flood risk management in the basin.
(2) Coordination.--The Secretary shall carry out the activities
described in this subsection in coordination with other Federal and
State agencies and Indian Tribes.
(b) Funds for Columbia River Treaty Obligations.--
(1) In general.--The Secretary is authorized to expend funds
appropriated for the purpose of satisfying United States
obligations under the Columbia River Treaty to compensate Canada
for operating Canadian storage on behalf of the United States under
such treaty.
(2) Notification.--If the U.S. entity calls upon Canada to
operate Canadian reservoir storage for flood risk management on
behalf of the United States, which operation may incur an
obligation to compensate Canada under the Columbia River Treaty--
(A) the Secretary shall submit to the Committees on
Transportation and Infrastructure and Appropriations of the
House of Representatives and the Committees on Environment and
Public Works and Appropriations of the Senate, by not later
than 30 days after the initiation of the call, a written notice
of the action and a justification, including a description of
the circumstances necessitating the call;
(B) upon a determination by the United States of the amount
of compensation that shall be paid to Canada, the Secretary
shall submit to the Committees on Transportation and
Infrastructure and Appropriations of the House of
Representatives and the Committees on Environment and Public
Works and Appropriations of the Senate a written notice
specifying such amount and an explanation of how such amount
was derived, which notification shall not delay or impede the
flood risk management mission of the U.S. entity; and
(C) the Secretary shall make no payment to Canada for the
call under the Columbia River Treaty until such time as funds
appropriated for the purpose of compensating Canada under such
treaty are available.
(3) Definitions.--In this section:
(A) Columbia river basin.--The term ``Columbia River
Basin'' means the entire United States portion of the Columbia
River watershed.
(B) Columbia river treaty.--The term ``Columbia River
Treaty'' means the treaty relating to cooperative development
of the water resources of the Columbia River Basin, signed at
Washington January 17, 1961, and entered into force September
16, 1964.
(C) U.S. entity.--The term ``U.S. entity'' means the entity
designated by the United States under Article XIV of the
Columbia River Treaty.
SEC. 8310. EVALUATION OF HYDROLOGIC CHANGES IN SOURIS RIVER BASIN.
The Secretary is authorized to evaluate hydrologic changes
affecting the agreement entitled ``Agreement Between the Government of
Canada and the Government of the United States of America for Water
Supply and Flood Control in the Souris River Basin'', signed and
entered into force on October 26, 1989.
SEC. 8311. ACEQUIAS IRRIGATION SYSTEMS.
Section 1113 of the Water Resources Development Act of 1986 (100
Stat. 4232; 110 Stat. 3719) is amended--
(1) in subsection (b)--
(A) by striking ``(b) Subject to section 903(a) of this
Act, the Secretary is authorized and directed to undertake''
and inserting the following:
``(b) Authorization.--The Secretary shall carry out''; and
(B) by striking ``canals'' and all that follows through
``100 percent.'' and inserting the following: ``channels
attendant to the operations of the community ditch and Acequia
systems in New Mexico that--
``(1) are declared to be a political subdivision of the State;
or
``(2) belong to an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304)).'';
(2) by redesignating subsection (c) as subsection (f);
(3) by inserting after subsection (b) the following:
``(c) Inclusions.--The measures described in subsection (b) shall,
to the maximum extent practicable--
``(1) ensure greater resiliency of diversion structures,
including to flow variations, prolonged drought conditions,
invasive plant species, and threats from changing hydrological and
climatic conditions; or
``(2) support research, development, and training for
innovative management solutions, including those for controlling
invasive aquatic plants that affect acequias.
``(d) Cost Sharing.--The non-Federal share of the cost of carrying
out the measures described in subsection (b), including study costs,
shall be 25 percent, except that in the case of a measure benefitting
an economically disadvantaged community (as defined by the Secretary
under section 160 of the Water Resources Development Act of 2020 (33
U.S.C. 2201 note)), including economically disadvantaged communities
located in urban and rural areas, the Federal share of the cost of
carrying out such measure shall be 90 percent.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the measures described in subsection (b)
$80,000,000.''; and
(4) in subsection (f) (as so redesignated)--
(A) in the first sentence--
(i) by striking ``(f) The Secretary is further
authorized and directed to'' and inserting the following:
``(f) Public Entity Status.--
``(1) In general.--The Secretary shall''; and
(ii) by inserting ``or belong to an Indian Tribe within
the State of New Mexico'' after ``that State''; and
(B) in the second sentence, by striking ``This public
entity status will allow the officials of these Acequia
systems'' and inserting the following:
``(2) Effect.--The public entity status provided under
paragraph (1) shall allow the officials of the Acequia systems
described in such paragraph''.
SEC. 8312. PORT OF NOME, ALASKA.
(a) In General.--The Secretary shall carry out the project for
navigation, Port of Nome, Alaska, authorized by section 401(1) of the
Water Resources Development Act of 2020 (134 Stat. 2733).
(b) Cost Share.--
(1) In general.--The non-Federal interest for the project
described in subsection (a) shall pay 10 percent of the costs
associated with the general navigation features of the project
during the period of construction.
(2) Exception.--Section 101(a)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a)(2)) shall not apply to
the project described in subsection (a).
SEC. 8313. ST. GEORGE, ALASKA.
Notwithstanding the terms of the local cooperation agreement
between the Department of the Army and the City of St. George, Alaska,
dated December 23, 1988, the Secretary shall waive any and all payments
due and owing to the United States by the City of St. George on or
after the date of enactment this Act resulting from the judgment filed
on November 8, 1993, in the United States Court of Federal Claims in
J.E. McAmis, Inc. v. United States, 90-315C, 91-1194C, and 91-1195C.
SEC. 8314. UNALASKA (DUTCH HARBOR) CHANNELS, ALASKA.
Section 401(1) of the Water Resources Development Act of 2020 (134
Stat. 2734) is amended, in row 3 (relating to the project for
navigation, Unalaska (Dutch Harbor) Channels, Alaska), by striking
``February 7, 2020'' and inserting ``October 2, 2020''.
SEC. 8315. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL EROSION, AND
ICE AND GLACIAL DAMAGE, ALASKA.
(a) In General.--The Secretary shall establish a program to carry
out structural and nonstructural projects for storm damage prevention
and reduction, coastal erosion, and ice and glacial damage in the State
of Alaska, including--
(1) relocation of affected communities; and
(2) construction of replacement facilities.
(b) Cost Share.--
(1) In general.--Except as provided in paragraph (2), the non-
Federal share of the cost of a project carried out under this
section shall be in accordance with sections 103 and 105 of the
Water Resources Development Act of 1986 (33 U.S.C. 2213, 2215).
(2) Exception.--In the case of a project benefitting an
economically disadvantaged community (as defined by the Secretary
under section 160 of the Water Resources Development Act of 2020
(33 U.S.C. 2201 note)), including economically disadvantaged
communities located in urban and rural areas, the non-Federal share
of the cost of such project shall be 10 percent.
(c) Repeal.--Section 116 of the Energy and Water Development and
Related Agencies Appropriations Act, 2010 (123 Stat. 2851), is
repealed.
(d) Treatment.--The program authorized by subsection (a) shall be
considered a continuation of the program authorized by section 116 of
the Energy and Water Development and Related Agencies Appropriations
Act, 2010 (123 Stat. 2851) (as in effect on the day before the date of
enactment of this Act).
SEC. 8316. ST. FRANCIS LAKE CONTROL STRUCTURE.
(a) In General.--The Secretary shall set the ordinary high water
mark for water impounded behind the St. Francis Lake Control Structure,
authorized by the Act of May 15, 1928 (chapter 569, 45 Stat. 538; 79
Stat. 1077), at 208 feet mean sea level.
(b) Operation by Project Manager.--In setting the ordinary high
water mark under subsection (a), the Secretary shall ensure that the
project manager for the St. Francis Lake Control Structure may continue
operating such structure in accordance with the instructions set forth
in the document titled ``St. Francis Lake Control Structure Standing
Instructions to the Project Manager'' and published in January 1982 by
the Corps of Engineers, Memphis District.
SEC. 8317. SOUTH PLATTE RIVER AND TRIBUTARIES, ADAMS AND DENVER
COUNTIES, COLORADO.
(a) In General.--The Secretary shall expedite the completion of a
written agreement under section 204(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2232(d)) with the non-Federal
interest for the project for ecosystem restoration and flood risk
management, South Platte River and Tributaries, Adams and Denver
Counties, Colorado, authorized by section 401(4) of the Water Resources
Development Act of 2020 (134 Stat. 2739).
(b) Reimbursement.--The written agreement described in subsection
(a) shall provide for reimbursement of the non-Federal interest from
funds in the allocation for the project described in subsection (a) in
the detailed spend plan submitted for amounts appropriated under the
heading ``department of the army--corps of engineers--civil--
construction'' in title III of division J of the Infrastructure
Investment and Jobs Act (135 Stat. 1359) if the Secretary determines
that funds in an amount sufficient to reimburse the non-Federal
interest are available in such allocation.
SEC. 8318. FRUITVALE AVENUE RAILROAD BRIDGE, ALAMEDA, CALIFORNIA.
Section 4017(d) of the Water Resources Development Act of 2007 (121
Stat. 1175) is repealed.
SEC. 8319. LOS ANGELES COUNTY, CALIFORNIA.
(a) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
Los Angeles County, California.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in Los Angeles County, California, including projects for
wastewater treatment and related facilities, water supply and related
facilities, environmental restoration, and surface water resource
protection and development.
(c) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this section
to a non-Federal interest, the Secretary shall enter into a
partnership agreement under section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b) with the non-Federal interest with
respect to the project to be carried out with such assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the following:
(A) Development by the Secretary, in consultation with
appropriate Federal and State officials, of a facilities or
resource protection and development plan, including appropriate
engineering plans and specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a project
under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the funding
of the Federal share of a project that is the subject of an
agreement under this section, the non-Federal interest shall
receive credit for reasonable interest incurred in providing
the non-Federal share of the project cost.
(C) Credit for land, easements, and rights-of-way.--
Notwithstanding section 221(a)(4)(G) of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the non-Federal interest
shall receive credit for land, easements, rights-of-way, and
relocations toward the non-Federal share of project cost
(including all reasonable costs associated with obtaining
permits necessary for the construction, operation, and
maintenance of the project on publicly owned or controlled
land), but the credit may not exceed 25 percent of total
project costs.
(D) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 to carry out this section.
(2) Corps of engineers expenses.--Not more than 10 percent of
the amounts made available to carry out this section may be used by
the Corps of Engineers district offices to administer projects
under this section at Federal expense.
SEC. 8320. DEAUTHORIZATION OF DESIGNATED PORTIONS OF THE LOS ANGELES
COUNTY DRAINAGE AREA, CALIFORNIA.
(a) In General.--The portion of the project for flood risk
management, Los Angeles County Drainage Area, California, authorized by
section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1589; 50
Stat. 167; 52 Stat. 1215; 55 Stat. 647; 64 Stat. 177; 104 Stat. 4611),
consisting of the debris basins described in subsection (b), is no
longer authorized beginning on the date that is 18 months after the
date of enactment of this Act.
(b) Debris Basins Described.--The debris basins referred to in
subsection (a) are the following debris basins operated and maintained
by the Los Angeles County Flood Control District, as generally defined
in Corps of Engineers operations and maintenance manuals as may be
further described in an agreement entered into under subsection (c):
Auburn Debris Basin, Bailey Debris Basin, Big Dalton Debris Basin,
Blanchard Canyon Debris Basin, Blue Gum Canyon Debris Basin, Brand
Canyon Debris Basin, Carter Debris Basin, Childs Canyon Debris Basin,
Dunsmuir Canyon Debris Basin, Eagle Canyon Debris Basin, Eaton Wash
Debris Basin, Elmwood Canyon Debris Basin, Emerald East Debris Basin,
Emerald West Debris Retention Inlet, Hay Debris Basin, Hillcrest Debris
Basin, La Tuna Canyon Debris Basin, Little Dalton Debris Basin, Live
Oak Debris Retention Inlet, Lopez Debris Retention Inlet, Lower Sunset
Canyon Debris Basin, Marshall Canyon Debris Retention Inlet, Santa
Anita Debris Basin, Sawpit Debris Basin, Schoolhouse Canyon Debris
Basin, Shields Canyon Debris Basin, Sierra Madre Villa Debris Basin,
Snover Canyon Debris Basin, Stough Canyon Debris Basin, Wilson Canyon
Debris Basin, and Winery Canyon Debris Basin.
(c) Agreement.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall seek to enter into an agreement with
the Los Angeles County Flood Control District to ensure that the Los
Angeles County Flood Control District--
(1) operates, maintains, repairs, and rehabilitates, and
replaces as necessary, the debris basins described in subsection
(b)--
(A) in perpetuity at no cost to the United States; and
(B) in a manner that ensures that the quantity and
concentration of stormwater inflows from such debris basins
does not reduce the level of flood protection of the project
described in subsection (a);
(2) retains public ownership of, and compatible uses for, all
real property required for the continued functioning of the debris
basins described in subsection (b), consistent with authorized
purposes of the project described in subsection (a);
(3) allows the Corps of Engineers to continue to operate,
maintain, rehabilitate, repair, and replace appurtenant structures,
such as rain and stream gages, located within the debris basins
subject to deauthorization under subsection (a) as necessary to
ensure the continued functioning of the project described in
subsection (a); and
(4) holds and saves the United States harmless from damages due
to overtopping, breach, failure, operation, or maintenance of the
debris basins described in subsection (b).
(d) Administrative Costs.--The Secretary may accept and expend
funds voluntarily contributed by the Los Angeles County Flood Control
District to cover the administrative costs incurred by the Secretary
to--
(1) enter into an agreement under subsection (c); and
(2) monitor compliance with such agreement.
SEC. 8321. MURRIETA CREEK, CALIFORNIA.
Section 103 of title I of appendix B of Public Law 106-377 (114
Stat. 1441A-65) (relating to the project for flood control,
environmental restoration, and recreation, Murrieta Creek, California),
is amended--
(1) by striking ``$89,850,000'' and inserting ``$277,194,000'';
(2) by striking ``$57,735,000'' and inserting ``$180,176,100'';
and
(3) by striking ``$32,115,000'' and inserting ``$97,017,900''.
SEC. 8322. SACRAMENTO RIVER BASIN, CALIFORNIA.
The portion of the project for flood protection in the Sacramento
River Basin, authorized by section 2 of the Act of March 1, 1917
(chapter 144, 39 Stat. 949; 68 Stat. 1264; 110 Stat. 3662; 113 Stat.
319), consisting of the portion of the American River North Levee,
upstream of Arden Way, from G.P.S. coordinate 38.600948N 121.330599W to
38.592261N 121.334155W, is no longer authorized beginning on the date
of enactment of this Act.
SEC. 8323. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY,
CALIFORNIA.
(a) In General.--The project for flood control and navigation, San
Diego River and Mission Bay, San Diego County, California, authorized
by the Act of July 24, 1946 (chapter 595, 60 Stat. 636; 134 Stat.
2705), is modified to change the authorized conveyance capacity of the
project to a level determined appropriate by the Secretary based on the
actual capacity of the project, which level may be further modified by
the Secretary as necessary to account for sea level rise.
(b) Operation and Maintenance Manual.--
(1) In general.--The non-Federal sponsor for the project
described in subsection (a) shall prepare for review and approval
by the Secretary a revised operation and maintenance manual for the
project to implement the modification described in subsection (a).
(2) Funding.--The non-Federal sponsor shall provide to the
Secretary funds sufficient to cover the costs incurred by the
Secretary to review and approve the manual described in paragraph
(1), and the Secretary may accept and expend such funds in the
performance of such review and approval.
(c) Emergency Repair and Restoration Assistance.--Upon approval by
the Secretary of the revised operation and maintenance manual required
under subsection (b), and subject to compliance by the non-Federal
sponsor with the requirements of such manual and with any other
eligibility requirement established by the Secretary, the project
described in subsection (a) shall be considered for assistance under
section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)).
SEC. 8324. ADDITIONAL ASSISTANCE FOR EASTERN SANTA CLARA BASIN,
CALIFORNIA.
Section 111 of title I of division B of the Miscellaneous
Appropriations Act, 2001 (Public Law 106-554, appendix D, 114 Stat.
2763A-224 (as enacted by section 1(a)(4) of the Consolidated
Appropriations Act, 2001 (114 Stat. 2763)); 121 Stat. 1209), is
amended--
(1) in subsection (a), by inserting ``and volatile organic
compounds'' after ``perchlorates''; and
(2) in subsection (b)(3), by inserting ``and volatile organic
compounds'' after ``perchlorates''.
SEC. 8325. SAN FRANCISCO BAY, CALIFORNIA.
(a) Technical Amendment.--Section 203(a)(1)(A) of the Water
Resources Development Act of 2020 (134 Stat. 2675) is amended by
striking ``ocean shoreline'' and inserting ``bay and ocean
shorelines''.
(b) Implementation.--In carrying out a study under section 142 of
the Water Resources Development Act of 1976 (90 Stat. 2930; 100 Stat.
4158), pursuant to section 203(a)(1)(A) of the Water Resources
Development Act of 2020 (as amended by this section), the Secretary
shall not differentiate between damages related to high tide flooding
and coastal storm flooding for the purposes of determining the Federal
interest or cost share.
SEC. 8326. SOUTH SAN FRANCISCO BAY SHORELINE, CALIFORNIA.
(a) In General.--Except for funds required for a betterment or for
a locally preferred plan, the Secretary shall not require the non-
Federal interest for the project for flood risk management, ecosystem
restoration, and recreation, South San Francisco Bay Shoreline,
California, authorized by section 1401(6) of the Water Resources
Development Act of 2016 (130 Stat. 1714), to contribute funds under an
agreement entered into prior to the date of enactment of this Act in
excess of the total cash contribution required from the non-Federal
interest for the project under section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213).
(b) Requirement.--The Secretary shall not, at any time, defer,
suspend, or terminate construction of the project described in
subsection (a) solely on the basis of a determination by the Secretary
that an additional appropriation is required to cover the Federal share
of the cost to complete construction of the project, if Federal funds,
in an amount determined by the Secretary to be sufficient to continue
construction of the project, remain available in the allocation for the
project under the Long-Term Disaster Recovery Investment Plan for
amounts appropriated under the heading ``corps of engineers--civil--
department of the army--construction'' in title IV of subdivision 1 of
division B of the Bipartisan Budget Act of 2018 (Public Law 115-123;
132 Stat. 76).
SEC. 8327. DELAWARE SHORE PROTECTION AND RESTORATION.
(a) Delaware Beneficial Use of Dredged Material for the Delaware
River, Delaware.--
(1) In general.--At the request of the non-Federal interest for
the project for hurricane and storm damage risk reduction, Delaware
Beneficial Use of Dredged Material for the Delaware River,
Delaware, authorized by section 401(3) of the Water Resources
Development Act of 2020 (134 Stat. 2736) (referred to in this
subsection as the ``project''), the Secretary shall implement the
project using borrow sources that are alternatives to the Delaware
River, Philadelphia to the Sea, project, Delaware, New Jersey,
Pennsylvania, authorized by the Act of June 25, 1910 (chapter 382,
36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 68 Stat.
1249; 72 Stat. 297).
(2) Interim authority.--Until the Secretary implements the
modification under paragraph (1), the Secretary is authorized, at
the request of a non-Federal interest, to carry out initial
construction or periodic nourishments at any site included in the
project under--
(A) section 1122 of the Water Resources Development Act of
2016 (33 U.S.C. 2326 note); or
(B) section 204(d) of the Water Resources Development Act
of 1992 (33 U.S.C. 2326(d)).
(3) Cost share.--The Federal share of the cost to construct and
periodically nourish the project, including the cost of any
modifications carried out under paragraph (1) and the incremental
cost of any placements carried out under paragraph (2)(B), shall be
90 percent.
(b) Delaware Emergency Shore Restoration.--
(1) In general.--The Secretary is authorized to repair or
restore a federally authorized hurricane and storm damage reduction
structure or project or a public beach located in the State of
Delaware pursuant to section 5(a) of the Act of August 18, 1941 (33
U.S.C. 701n(a)), if--
(A) the structure, project, or public beach is damaged by
wind, wave, or water action associated with a Nor'easter; and
(B) the Secretary determines that the damage prevents--
(i) in the case of a structure or project, the adequate
functioning of the structure or project for the authorized
purposes of the structure or project; or
(ii) in the case of a public beach, the adequate
functioning of the beach as a natural barrier to
inundation, wave attack, or erosion coinciding with
hurricanes, coastal storms, or Nor'easters.
(2) Justification.--The Secretary may carry out a repair or
restoration activity under paragraph (1) without the need to
demonstrate that the activity is justified solely by national
economic development benefits if--
(A) the Secretary determines that--
(i) such activity is necessary to restore the adequate
functioning of the structure, project, or public beach for
the purposes described in paragraph (1)(B), as applicable;
and
(ii) such activity is warranted to protect against loss
to life or property of the community protected by the
structure, project, or public beach; and
(B) in the case of a public beach, the non-Federal interest
agrees to participate in, and comply with, applicable Federal
floodplain management and flood insurance programs.
(3) Prioritization.--Repair or restoration activities carried
out by the Secretary under paragraph (2) shall be given equal
budgetary consideration and priority as activities justified solely
by national economic development benefits.
(4) Limitations.--An activity carried out under paragraph (1)
for a public beach shall not--
(A) repair or restore the beach beyond its natural profile;
or
(B) be considered initial construction of the hurricane and
storm damage reduction project.
(5) Savings provision.--The authority provided by this
subsection shall be in addition to any authority provided by
section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)) to
repair or restore federally authorized hurricane or shore
protective structure or project located in the State of Delaware
damaged or destroyed by wind, wave, or water action of other than
an ordinary nature.
(6) Sunset.--The authority of the Secretary to carry out an
activity under paragraph (1) for a public beach shall expire on the
date that is 10 years after the date of enactment of this Act.
(7) Definitions.--In this subsection:
(A) Nor'easter.--The term ``Nor'easter'' means a synoptic-
scale, extratropical cyclone in the western North Atlantic
Ocean.
(B) Public beach.--The term ``public beach'' means a beach
within the geographic boundary of an unconstructed federally
authorized hurricane and storm damage reduction project that
is--
(i) a publicly owned beach; or
(ii) a privately owned beach that is available for
public use, including the availability of reasonable public
access, in accordance with Engineer Regulation 1165-2-130,
published by the Corps of Engineers, dated June 15, 1989.
(c) Indian River Inlet and Bay, Delaware.--
(1) In general.--In carrying out major maintenance of the
project for navigation, Indian River Inlet and Bay, Delaware,
authorized by the first section of the Act of August 26, 1937
(chapter 832, 50 Stat. 846; 59 Stat. 14), the Secretary shall
repair, restore, or relocate any non-Federal public recreation
facility that has been damaged, in whole or in part, by the
deterioration or failure of the project.
(2) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $10,000,000.
(d) Indian River Inlet Sand Bypass Plant, Delaware.--
(1) In general.--The project for hurricane-flood protection and
beach erosion control at Indian River Inlet, Delaware, commonly
known as the ``Indian River Inlet Sand Bypass Plant'', authorized
by section 869 of the Water Resources Development Act of 1986 (100
Stat. 4182), is modified to authorize the Secretary, at the request
of a non-Federal interest, to provide periodic nourishment through
dedicated dredging or other means to maintain or restore the
functioning of such project when--
(A) the sand bypass plant is inoperative; or
(B) operation of the sand bypass plant is insufficient to
maintain the functioning of the project.
(2) Cost share.--The non-Federal share of the cost of a cycle
of periodic nourishment provided pursuant to paragraph (1) shall be
the same percentage as the non-Federal share of the cost to operate
the sand bypass plant.
(e) Reprogramming for Coastal Storm Risk Management Project at
Indian River Inlet.--
(1) In general.--For each fiscal year, the Secretary may
reprogram amounts made available for any coastal storm risk
management project to use such amounts for the project for
hurricane-flood protection and beach erosion control at Indian
River Inlet, Delaware, commonly known as the ``Indian River Inlet
Sand Bypass Plant'', authorized by section 869 of the Water
Resources Development Act of 1986 (100 Stat. 4182).
(2) Limitations.--
(A) In general.--The Secretary may carry out not more than
2 reprogramming actions under paragraph (1) for each fiscal
year.
(B) Amount.--For each fiscal year, the Secretary may
reprogram--
(i) not more than $100,000 per reprogramming action;
and
(ii) not more than $200,000 for each fiscal year.
SEC. 8328. ST. JOHNS RIVER BASIN, CENTRAL AND SOUTHERN FLORIDA.
The portions of the project for flood control and other purposes,
Central and Southern Florida, authorized by section 203 of the Flood
Control Act of 1948 (62 Stat. 1176), consisting of the southernmost
3.5-mile reach of the L-73 levee, Section 2, Osceola County Florida,
are no longer authorized beginning on the date of enactment of this
Act.
SEC. 8329. LITTLE PASS, CLEARWATER BAY, FLORIDA.
The portion of the project for navigation, Little Pass, Clearwater
Bay, Florida, authorized by section 101 of the River and Harbor Act of
1960 (74 Stat. 481), beginning with the most westerly 1,000 linear feet
of the channel encompassing all of Cut H, to include the turning basin,
is no longer authorized beginning on the date of enactment of this Act.
SEC. 8330. COMPREHENSIVE EVERGLADES RESTORATION PLAN, FLORIDA.
(a) In General.--Section 601(e)(5) of the Water Resources
Development Act of 2000 (114 Stat. 2685; 121 Stat. 1269; 132 Stat.
3786) is amended--
(1) in subparagraph (D), by striking ``subparagraph (D)'' and
inserting ``subparagraph (E)''; and
(2) in subparagraph (E)--
(A) in clause (i), in the matter preceding subclause (I),
by striking ``during each 5-year period, beginning with
commencement of design of the Plan'' and inserting ``during
each period of 5 fiscal years, beginning on October 1, 2022'';
(B) in clause (ii), by inserting ``for each project in the
Plan'' before the period at the end; and
(C) by adding at the end the following:
``(iii) Accounting.--Not later than 90 days after the
end of each fiscal year, the Secretary shall provide to the
non-Federal sponsor a financial accounting of non-Federal
contributions under clause (i)(I) for such fiscal year.
``(iv) Limitation.--In the case of an authorized
project for which a project partnership agreement has not
been executed and for which there is an agreement under
subparagraph (B)(i)(III), the Secretary--
``(I) shall consider all expenditures and
obligations incurred by the non-Federal sponsor for
land and in-kind services for the project in
determining the amount of any cash contribution
required from the non-Federal sponsor to satisfy the
cost-share requirements of this subsection; and
``(II) may only require any such cash contribution
to be made at the end of each period of 5 fiscal years
under clause (i).''.
(b) Update.--The Secretary and the non-Federal interest shall
revise the Master Agreement for the Comprehensive Everglades
Restoration Plan, executed in 2009 pursuant to section 601 of the Water
Resources Development Act of 2000 (114 Stat. 2680), to reflect the
amendment made by subsection (a).
SEC. 8331. PALM BEACH HARBOR, FLORIDA.
Beginning on the date of enactment of this Act, the project for
navigation, Palm Beach Harbor, Florida, for which assumption of
maintenance was authorized by section 202 of the Water Resources
Development Act of 1986 (100 Stat. 4093), is modified to deauthorize
the portion of the project, known as the Northern Turning Basin,
consisting of an approximate 209,218-square foot area (4.803 acres) of
the Federal northern turning basin within Palm Beach Harbor, starting
at a point with coordinates N887149.6299, E965813.7673; thence running
N4605'59''E for 106.07 feet to a point with coordinates N887223.1767,
E965890.1929; thence running S8854'01''E for 393.00 feet to a point
with coordinates N887215.6342, E966283.1205; thence running
S3248'37''E for 433.78 feet to a point with coordinates N886851.0560,
E966518.1668; thence running N8854'01''W for 710.00 feet to a point
with coordinates N886864.6824, E965808.2975; thence running
N0105'59''E for 285.00 feet to the point of origin.
SEC. 8332. PORT EVERGLADES, FLORIDA.
Section 1401(1) of the Water Resources Development Act of 2016 (130
Stat. 1709) is amended, in row 4 (relating to the project for
navigation, Port Everglades, Florida)--
(1) by striking ``$229,770,000'' and inserting
``$529,700,000'';
(2) by striking ``$107,233,000'' and inserting
``$247,209,000''; and
(3) by striking ``$337,003,000'' and inserting
``$776,909,000''.
SEC. 8333. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.
Section 528(f)(1)(J) of the Water Resources Development Act of 1996
(110 Stat. 3771) is amended by striking ``2 representatives of the
State of Florida,'' and inserting ``3 representatives of the State of
Florida, including at least 1 representative of the Florida Department
of Environmental Protection and 1 representative of the Florida Fish
and Wildlife Conservation Commission,''.
SEC. 8334. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH CAROLINA.
Section 1319(c) of the Water Resources Development Act of 2016 (130
Stat. 1704) is amended by striking paragraph (2) and inserting the
following:
``(2) Cost share.--
``(A) In general.--The costs of construction of a Project
feature constructed pursuant to paragraph (1) shall be
determined in accordance with section 101(a)(1)(B) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(a)(1)(B)).
``(B) Savings provision.--Any increase in costs for the
Project due to the construction of a Project feature
constructed pursuant to paragraph (1) shall not be included in
the total project cost for purposes of section 902 of the Water
Resources Development Act of 1986 (33 U.S.C. 2280).''.
SEC. 8335. LITTLE WOOD RIVER, GOODING, IDAHO.
Section 3057 of the Water Resources Development Act of 2007 (121
Stat. 1120) is amended--
(1) in subsection (a)(2), by striking ``$9,000,000'' and
inserting ``$40,000,000''; and
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the following:
``(1) Planning, design, and reconstruction costs.--The Federal
share of planning, design, and reconstruction costs for a project
under this section, including any work associated with bridges,
shall be 90 percent.''; and
(B) by adding at the end the following:
``(3) In-kind contributions.--The non-Federal interest may
provide and receive credit for in-kind contributions for a project
carried out under this section, consistent with section 221(a)(4)
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)).
``(4) Cash contribution not applicable.--The requirement under
section 103(a)(1)(A) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(a)(1)(A)) for a non-Federal interest to provide 5
percent of the cost of a project carried out under this section
shall not apply with respect to the project.
``(5) Payment options.--At the request of the non-Federal
interest for a project carried out under this section and subject
to available funding, the non-Federal contribution for construction
of the project shall be financed in accordance with the provisions
of section 103(k) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(k)) over a period of thirty years from the date of
completion of the project.''.
SEC. 8336. CHICAGO SHORELINE PROTECTION.
The project for storm damage reduction and shoreline erosion
protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the
Illinois-Indiana State line, authorized by section 101(a)(12) of the
Water Resources Development Act of 1996 (110 Stat. 3664), is modified
to authorize the Secretary to provide 65 percent of the cost of the
locally preferred plan, as described in the Report of the Chief of
Engineers, dated April 14, 1994, for the construction of the following
segments of the project:
(1) Shoreline revetment at Morgan Shoal.
(2) Shoreline revetment at Promontory Point.
SEC. 8337. GREAT LAKES AND MISSISSIPPI RIVER INTERBASIN PROJECT,
BRANDON ROAD, WILL COUNTY, ILLINOIS.
(a) In General.--Section 402(a)(1) of the Water Resources
Development Act of 2020 (134 Stat. 2742) is amended by striking ``80
percent'' and inserting ``90 percent''.
(b) Local Cooperation Requirements.--At the request of the
applicable non-Federal interests for the project for ecosystem
restoration, Great Lakes and Mississippi River Interbasin project,
Brandon Road, Will County, Illinois, authorized by section 401(a)(5) of
the Water Resources Development Act of 2020 (134 Stat. 2740), the
Secretary shall not require such non-Federal interests to be jointly
and severally liable for all non-Federal obligations in the project
partnership agreement for the project.
SEC. 8338. SOUTHEAST DES MOINES, SOUTHWEST PLEASANT HILL, IOWA.
(a) Project Modifications.--The project for flood control and other
purposes, Red Rock Dam and Lake, Des Moines River, Iowa (referred to in
this section as the ``Red Rock Dam Project''), authorized by section 10
of the Act of December 22, 1944 (chapter 665, 58 Stat. 896), and the
project for local flood protection, Des Moines Local Flood Protection,
Des Moines River, Iowa (referred to in this section as ``Flood
Protection Project''), authorized by such section, shall be modified as
follows, subject to a new or amended agreement between the Secretary
and the non-Federal interest for the Flood Protection Project, the City
of Des Moines, Iowa (referred to in this section as the ``City''), in
accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b):
(1) That portion of the Red Rock Dam Project consisting of the
segment of levee from Station 15+88.8W to Station 77+43.7W shall be
transferred to the Flood Protection Project.
(2) The relocated levee improvement constructed by the City,
from Station 77+43.7W to approximately Station 20+00, shall be
included in the Flood Protection Project.
(b) Federal Easement Conveyances.--
(1) In general.--The Secretary is authorized to convey the
following easements, acquired by the Federal Government for the Red
Rock Dam Project, to the City to become part of the Flood
Protection Project in accordance with subsection (a):
(A) Easements identified as Tracts 3215E-1, 3235E, and
3227E.
(B) Easements identified as Partial Tracts 3216E-2, 3216E-
3, 3217E-1, and 3217E-2.
(2) Additional conveyances authorized.--After execution of a
new or amended agreement pursuant to subsection (a) and conveyance
of the easements under paragraph (1), the Secretary is authorized
to convey the following easements, by quitclaim deed, without
consideration, acquired by the Federal Government for the Red Rock
Dam project, to the City or to the Des Moines Metropolitan
Wastewater Reclamation Authority and no longer required for the Red
Rock Dam Project or for the Des Moines Local Flood Protection
Project:
(A) Easements identified as Tracts 3200E, 3202E-1, 3202E-2,
3202E-4, 3203E-2, 3215E-3, 3216E-1, and 3216E-5.
(B) Easements identified as Partial Tracts 3216E-2, 3216E-
3, 3217E-1, and 3217E-2.
(3) Easement disposal process and fees.--All real property
interests conveyed under this subsection shall be subject to the
standard release of easement disposal process. All administrative
fees associated with the transfer of the subject easements to the
City or to the Des Moines Metropolitan Wastewater Reclamation
Authority will be borne by the transferee.
SEC. 8339. CITY OF EL DORADO, KANSAS.
(a) In General.--The Secretary shall amend the contract described
in subsection (b) between the United States and the City of El Dorado,
Kansas, relating to storage space for water supply, to change the
method of calculation of the interest charges that began accruing on
June 30, 1991, on the investment costs for the 72,087 acre-feet of
future use storage space, from compounding interest annually to
charging simple interest annually on the principal amount, until--
(1) the City of El Dorado informs the Secretary of the desire
to convert the future use storage space to present use; and
(2) the principal amount plus the accumulated interest becomes
payable pursuant to the terms of the contract.
(b) Contract Described.--The contract referred to in subsection (a)
is the contract between the United States and the City of El Dorado,
Kansas, for the use by the City of El Dorado of storage space for water
supply in El Dorado Lake, Kansas, entered into on June 30, 1972, and
titled Contract DACW56-72-C-0220.
SEC. 8340. ALGIERS CANAL LEVEES, LOUISIANA.
(a) In General.--In accordance with section 328 of the Water
Resources Development Act of 1999 (113 Stat. 304; 121 Stat. 1129), the
Secretary shall resume operation, maintenance, repair, rehabilitation,
and replacement of the Algiers Canal Levees, Louisiana, at full Federal
expense.
(b) Technical Amendment.--Section 328(c) of the Water Resources
Development Act of 1999 (113 Stat. 304; 121 Stat. 1129) is amended by
inserting ``described in subsection (b)'' after ``the project''.
SEC. 8341. MISSISSIPPI RIVER GULF OUTLET, LOUISIANA.
The Federal share of the cost of the project for ecosystem
restoration, Mississippi River Gulf Outlet, Louisiana, authorized by
section 7013(a)(4) of the Water Resources Development Act of 2007 (121
Stat. 1281), shall be 100 percent.
SEC. 8342. CAMP ELLIS, SACO, MAINE.
(a) In General.--The project being carried out under section 111 of
the River and Harbor Act of 1968 (33 U.S.C. 426i) for the mitigation of
shore damages attributable to the project for navigation, Camp Ellis,
Saco, Maine, is modified as follows:
(1) The maximum amount of Federal funds that may be expended
for the project shall be $45,000,000.
(2) The project may include Federal participation in periodic
nourishment.
(3) For purposes of subsection (b) of section 111 of the River
and Harbor Act of 1968 (33 U.S.C. 426i(b)), the Secretary shall
determine that the navigation works to which the shore damages are
attributable were constructed at Federal expense.
(b) Conforming Amendment.--Section 3085 of the Water Resources
Development Act of 2007 (121 Stat. 1129), and the item relating to such
section in the table of contents for such Act, are repealed.
SEC. 8343. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT STUDY.
Section 213 of the Water Resources Development Act of 2020 (134
Stat. 2684) is amended by adding at the end the following:
``(j) Cost Share.--The Federal share of the cost of the
comprehensive study carried out under subsection (a), and any
feasibility study carried out under subsection (e), shall be 100
percent.''.
SEC. 8344. UPPER MISSISSIPPI RIVER PROTECTION.
Section 2010 of the Water Resources Reform and Development Act of
2014 (128 Stat. 1270; 132 Stat. 3812) is amended by adding at the end
the following:
``(f) Limitation.--The Secretary shall not recommend
deauthorization of the Upper St. Anthony Falls Lock and Dam pursuant to
the disposition study carried out under subsection (d) unless the
Secretary identifies a willing and capable non-Federal public entity to
assume ownership of the Upper St. Anthony Falls Lock and Dam.
``(g) Modification.--The Secretary is authorized to investigate the
feasibility of modifying, prior to deauthorizing, the Upper St. Anthony
Falls Lock and Dam to add ecosystem restoration, including the
prevention and control of invasive species, water supply, and
recreation as authorized purposes.''.
SEC. 8345. UPPER MISSISSIPPI RIVER RESTORATION PROGRAM.
Section 1103(e)(3) of the Water Resources Development Act of 1986
(33 U.S.C. 652(e)(3)) is amended by striking ``$40,000,000'' and
inserting ``$75,000,000''.
SEC. 8346. WATER LEVEL MANAGEMENT ON THE UPPER MISSISSIPPI RIVER AND
ILLINOIS WATERWAY.
(a) In General.--As part of the operation and maintenance of the
navigation channel projects on the Upper Mississippi River, including
all projects authorized for navigation of the Mississippi River from
the mouth of the Missouri River to Minneapolis, authorized by the first
section of the Act of July 3, 1930 (chapter 847, 46 Stat. 927; 49 Stat.
1034; 50 Stat. 848; 59 Stat. 19; 72 Stat. 298; 92 Stat. 1695; 95 Stat.
1634; 100 Stat. 4208; 100 Stat. 4213; 100 Stat. 4228; 102 Stat. 4027;
104 Stat. 4613; 106 Stat. 4806; 106 Stat. 4811; 110 Stat. 3716; 121
Stat. 1283; 128 Stat. 1270; 132 Stat. 3812; 134 Stat. 2704), and as
part of the operation and maintenance of the navigation channel
projects on the Illinois River, Illinois (also called the Illinois
Waterway), authorized by the first section of the Act of January 21,
1927 (chapter 47, 44 Stat. 1013; 46 Stat. 929; 49 Stat. 1035; 49 Stat.
1036; 52 Stat. 805; 59 Stat. 19; 60 Stat. 636; 72 Stat. 302; 82 Stat.
735; 100 Stat. 4208; 106 Stat. 4806; 121 Stat. 1283; 128 Stat. 1351),
the Secretary is authorized to and shall carry out water level
management activities to help redress the degrading influences of
prolonged inundation or sedimentation from such projects, and to
improve the quality and quantity of habitat available for fish and
wildlife.
(b) Conditions on Drawdowns.--In carrying out subsection (a), the
Secretary shall carry out routine and systemic water level drawdowns of
the pools created by the locks and dams of the projects described in
subsection (a), including drawdowns during the growing season, when--
(1) hydrologic conditions allow the Secretary to carry out a
drawdown within applicable dam operating plans; or
(2) hydrologic conditions allow the Secretary to carry out a
drawdown and sufficient funds are available to the Secretary to
carry out any additional activities that may be required to ensure
that the drawdown does not adversely affect navigation.
(c) Coordination and Notification.--
(1) Coordination.--The Secretary shall use existing
coordination and consultation processes to regularly coordinate and
consult with other relevant Federal agencies and States regarding
the planning and assessment of water level management actions
implemented under this section.
(2) Notification and opportunity for comment.--Prior to
carrying out any activity under this section, the Secretary shall
provide to the public and to navigation interests and other
interested stakeholders notice and an opportunity for comment on
such activity.
(d) Report.--Not later than December 31, 2028, the Secretary shall
make publicly available (including on a publicly available website) and
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report that describes any activity carried out
under this section and the effects of such activity.
SEC. 8347. MISSISSIPPI DELTA HEADWATERS, MISSISSIPPI.
As part of the authority of the Secretary to carry out the project
for flood damage reduction, bank stabilization, and sediment and
erosion control, Yazoo Basin, Mississippi Delta Headwaters,
Mississippi, authorized pursuant to the matter under the heading
``enhancement of water resource benefits and for emergency disaster
work'' in title I of Public Law 98-8 (97 Stat. 22), the Secretary may
carry out emergency maintenance activities, as the Secretary determines
to be necessary, for features of the project completed before the date
of enactment of this Act.
SEC. 8348. SENSE OF CONGRESS RELATING TO OKATIBBEE LAKE, MISSISSIPPI.
It is the sense of Congress that--
(1) there is significant shoreline sloughing and erosion at the
Okatibbee Lake portion of the project for flood protection, Chunky
Creek, Chickasawhay and Pascagoula Rivers, Mississippi, authorized
by section 203 of the Flood Control Act of 1962 (76 Stat. 1183),
which has the potential to impact infrastructure, damage property,
and put lives at risk; and
(2) addressing shoreline sloughing and erosion at a project of
the Secretary, including at a location leased by non-Federal
entities such as Okatibbee Lake, is an activity that is eligible to
be carried out by the Secretary as part of the operation and
maintenance of such project.
SEC. 8349. ARGENTINE, EAST BOTTOMS, FAIRFAX-JERSEY CREEK, AND NORTH
KANSAS LEVEES UNITS, MISSOURI RIVER AND TRIBUTARIES AT KANSAS CITIES,
MISSOURI AND KANSAS.
(a) In General.--The project for flood control, Kansas Citys on
Missouri and Kansas Rivers in Missouri and Kansas, authorized by
section 5 of the Act of June 22, 1936 Flood Control Act of 1936
(chapter 688, 49 Stat. 1588; 58 Stat. 897; 121 Stat. 1054) is modified
to direct the Secretary to--
(1) construct access manholes, or other features, in the
Fairfax portion of such project to allow for regular inspection of
project features if the Secretary determines that such work is--
(A) not required as a result of improper operation and
maintenance of the project by the nonFederal interest; and
(B) technically feasible and environmentally acceptable;
and
(2) plan, design, and carry out the construction described in
paragraph (1) as a continuation of the construction of such
project.
(b) Cost Sharing.--The Federal share of the cost of planning,
design, and construction of access manholes or other features under
this section shall be 90 percent.
SEC. 8350. LOWER MISSOURI RIVER STREAMBANK EROSION CONTROL EVALUATION
AND DEMONSTRATION PROJECTS.
(a) In General.--The Secretary is authorized to carry out
streambank erosion control evaluation and demonstration projects in the
Lower Missouri River through contracts with non-Federal interests,
including projects for streambank protection and stabilization.
(b) Area.--The Secretary shall carry out demonstration projects
under this section on the reach of the Missouri River between Sioux
City, Iowa, and the confluence of the Missouri River and the
Mississippi River.
(c) Requirements.--In carrying out subsection (a), the Secretary
shall--
(1) conduct an evaluation of the extent of streambank erosion
on the Lower Missouri River; and
(2) develop new methods and techniques for streambank
protection, research soil stability, and identify the causes of
erosion.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing the
results of the demonstration projects carried out under this section,
including any recommendations for methods to prevent and correct
streambank erosion.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000, to remain available
until expended.
(f) Sunset.--The authority of the Secretary to enter into contracts
under subsection (a) shall expire on the date that is 5 years after the
date of enactment of this Act.
SEC. 8351. MISSOURI RIVER INTERCEPTION-REARING COMPLEXES.
(a) In General.--Notwithstanding section 129 of the Water Resources
Development Act of 2020 (134 Stat. 2643), and subject to subsection
(b), the Secretary is authorized to carry out the construction of an
interception-rearing complex at each of Plowboy Bend A (River Mile:
174.5 to 173.2) and Pelican Bend B (River Mile: 15.8 to 13.4) on the
Missouri River.
(b) Analysis and Mitigation of Risk.--
(1) Analysis.--Prior to construction of the interception-
rearing complexes under subsection (a), the Secretary shall perform
an analysis to identify whether the interception-rearing complexes
will--
(A) contribute to an increased risk of flooding to adjacent
lands and properties, including local levees;
(B) affect the navigation channel, including crossflows,
velocity, channel depth, and channel width;
(C) affect the harvesting of sand;
(D) affect ports and harbors; or
(E) contribute to bank erosion on adjacent private lands.
(2) Mitigation.--The Secretary may not construct an
interception-rearing complex under subsection (a) until the
Secretary successfully mitigates any effects described in paragraph
(1) with respect to such interception-rearing complex.
(c) Report.--Not later than 1 year after completion of the
construction of the interception-rearing complexes under subsection
(a), the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing the
extent to which the construction of such interception-rearing complexes
affected the population recovery of pallid sturgeon in the Missouri
River.
(d) Conforming Amendment.--Section 129(b) of the Water Resources
Development Act of 2020 (134 Stat. 2643) is amended by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and
inserting after paragraph (1) the following:
``(2) submits the report required by section 318(c) of the
Water Resources Development Act of 2022;''.
SEC. 8352. MISSOURI RIVER MITIGATION PROJECT, MISSOURI, KANSAS, IOWA,
AND NEBRASKA.
(a) Use of Other Funds.--
(1) In general.--Section 334 of the Water Resources Development
Act of 1999 (113 Stat. 306) is amended by adding at the end the
following:
``(c) Use of Other Funds.--
``(1) In general.--The Secretary shall consult with other
Federal agencies to determine if lands or interests in lands
acquired by such other Federal agencies--
``(A) meet the purposes of the Missouri River Mitigation
Project, Missouri, Kansas, Iowa, and Nebraska, authorized by
section 601(a) of the Water Resources Development Act of 1986
(100 Stat. 4143; 113 Stat. 306; 121 Stat. 1155); and
``(B) whether such lands are restricted by such other
Federal agencies from being applied toward the total number of
acres required under subsection (a).
``(2) Application of lands.--Upon making a determination under
paragraph (1) that lands or interests in lands acquired by a
Federal agency meet the purposes of the project described in
paragraph (1)(A) and that such lands are not otherwise restricted,
the Secretary shall apply the lands or interests in lands acquired
toward the total number of acres required under subsection (a),
regardless of the source of the Federal funds used to acquire such
lands or interests in lands.
``(3) Savings provision.--Nothing in this subsection authorizes
any transfer of administrative jurisdiction over any lands or
interests in lands acquired by a Federal agency that are applied
toward the total number of acres required under subsection (a)
pursuant to this subsection.''.
(2) Report required.--
(A) In general.--Not later than 180 days after the
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report identifying the lands or interests
in lands acquired with Federal funds that the Secretary
determines, pursuant to section 344(c)(1) of the Water
Resources Development Act of 1999, meet the purposes of the
Missouri River Mitigation Project, Missouri, Kansas, Iowa, and
Nebraska, authorized by section 601(a) of the Water Resources
Development Act of 1986 (100 Stat. 4143; 113 Stat. 306; 121
Stat. 1155).
(B) Contents.--The Secretary shall include in the report
submitted under subparagraph (A) a justification for any lands
or interests in lands acquired with Federal funding that the
Secretary determines will not be applied toward the total
number of acres required under section 334(a) of the Water
Resources Development Act of 1999 (113 Stat. 306).
(b) Flood Risk Management Benefits.--The project for mitigation of
fish and wildlife losses, Missouri River Bank Stabilization and
Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by
section 601(a) of the Water Resources Development Act of 1986 (100
Stat. 4143; 113 Stat. 306; 121 Stat. 1155), is modified to authorize
the Secretary to consider incidental flood risk management benefits
when acquiring land for the project.
SEC. 8353. NORTHERN MISSOURI.
(a) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
northern Missouri.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in northern Missouri, including projects for wastewater
treatment and related facilities, water supply and related facilities,
environmental restoration, and surface water resource protection and
development.
(c) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this section
to a non-Federal interest, the Secretary shall enter into a
partnership agreement under section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b) with the non-Federal interest with
respect to the project to be carried out with such assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the following:
(A) Development by the Secretary, in consultation with
appropriate Federal and State officials, of a facilities or
resource protection and development plan, including appropriate
engineering plans and specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a project
carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the funding
of the Federal share of a project that is the subject of a
partnership agreement under this section, the non-Federal
interest shall receive credit for reasonable interest incurred
in providing the non-Federal share of the project cost.
(C) Credit for land, easements, and rights-of-way.--
Notwithstanding section 221(a)(4)(G) of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the non-Federal interest
shall receive credit for land, easements, rights-of-way, and
relocations toward the non-Federal share of project cost
(including all reasonable costs associated with obtaining
permits necessary for the construction, operation, and
maintenance of the project on publicly owned or controlled
land), but such credit may not exceed 25 percent of total
project costs.
(D) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 to carry out this section.
(2) Corps of engineers expenses.--Not more than 10 percent of
the amounts made available to carry out this section may be used by
the Corps of Engineers district offices to administer projects
under this section at Federal expense.
(f) Northern Missouri Defined.--In this section, the term
``northern Missouri'' means the counties of Buchanan, Marion, Platte,
and Clay, Missouri.
SEC. 8354. ISRAEL RIVER, LANCASTER, NEW HAMPSHIRE.
The project for flood control, Israel River, Lancaster, New
Hampshire, carried out under section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s), is no longer authorized beginning on the date of
enactment of this Act.
SEC. 8355. MIDDLE RIO GRANDE FLOOD PROTECTION, BERNALILLO TO BELEN, NEW
MEXICO.
The non-Federal share of the cost of the project for flood risk
management, Middle Rio Grande, Bernalillo to Belen, New Mexico,
authorized by section 401(2) of the Water Resources Development Act of
2020 (134 Stat. 2735), shall be 25 percent.
SEC. 8356. ECOSYSTEM RESTORATION, HUDSON-RARITAN ESTUARY, NEW YORK AND
NEW JERSEY.
(a) In General.--The Secretary may carry out additional feasibility
studies for the project ecosystem restoration, Hudson-Raritan Estuary,
New York and New Jersey, authorized by section 401(5) of the Water
Resources Development Act of 2020 (134 Stat. 2739), including an
examination of measures and alternatives at Baisley Pond Park and the
Richmond Terrace Wetlands.
(b) Treatment.--A feasibility study carried out under subsection
(a) shall be considered a continuation of the study that formulated the
project for ecosystem restoration, Hudson-Raritan Estuary, New York and
New Jersey, authorized by section 401(5) of the Water Resources
Development Act of 2020 (134 Stat. 2740).
SEC. 8357. ARKANSAS RIVER CORRIDOR, OKLAHOMA.
Section 3132 of the Water Resources Development Act of 2007 (121
Stat. 1141) is amended by striking subsection (b) and inserting the
following:
``(b) Authorized Cost.--The Secretary is authorized to carry out
construction of projects under this section at a total cost of
$128,400,000, with the cost shared in accordance with section 103 of
the Water Resources Development Act of 1986 (33 U.S.C. 2213).
``(c) Additional Feasibility Studies Authorized.--
``(1) In general.--The Secretary is authorized to carry out
feasibility studies for purposes of recommending to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
additional projects under this section.
``(2) Treatment.--An additional feasibility study carried out
under this subsection shall be considered a continuation of the
feasibility study that formulated any project carried out under
subsection (a).''.
SEC. 8358. COPAN LAKE, OKLAHOMA.
(a) In General.--The Secretary shall amend the contract described
in subsection (c) between the United States and the Copan Public Works
Authority, relating to the use of storage space for water supply in
Copan Lake, Oklahoma, to--
(1) release to the United States all rights of the Copan Public
Works Authority to utilize 4,750 acre-feet of future use water
storage space; and
(2) relieve the Copan Public Works Authority from all financial
obligations, to include the initial project investment costs and
the accumulated interest on unpaid project investment costs, for
the volume of water storage space described in paragraph (1).
(b) Requirement.--During the 2-year period beginning on the
effective date of the contract amendment under subsection (a), the
Secretary shall--
(1) provide the City of Bartlesville, Oklahoma, with the right
of first refusal to contract for the utilization of storage space
for water supply for any portion of the storage space that was
released by the Authority under subsection (a); and
(2) ensure that the City of Bartlesville, Oklahoma, shall not
pay more than 110 percent of the initial project investment cost
per acre-foot of storage for the acre-feet of storage space sought
under an agreement under paragraph (1).
(c) Contract Described.--The contract referred to in subsection (a)
is the contract between the United States and the Copan Public Works
Authority for the use of storage space for water supply in Copan Lake,
Oklahoma, entered into on June 22, 1981, and titled Contract DACW56-81-
C-0114.
SEC. 8359. SOUTHWESTERN OREGON.
(a) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
southwestern Oregon.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in southwestern Oregon, including projects for wastewater
treatment and related facilities, water supply and related facilities,
environmental restoration, and surface water resource protection and
development.
(c) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this section
to a non-Federal interest, the Secretary shall enter into a
partnership agreement under section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b) with the non-Federal interest with
respect to the project to be carried out with such assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the following:
(A) Development by the Secretary, in consultation with
appropriate Federal and State officials, of a facilities or
resource protection and development plan, including appropriate
engineering plans and specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a project
carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the funding
of the Federal share of a project that is the subject of a
partnership agreement under this section, the non-Federal
interest shall receive credit for reasonable interest incurred
in providing the non-Federal share of the project cost.
(C) Credit for land, easements, and rights-of-way.--
Notwithstanding section 221(a)(4)(G) of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the non-Federal interest
shall receive credit for land, easements, rights-of-way, and
relocations toward the non-Federal share of project cost
(including all reasonable costs associated with obtaining
permits necessary for the construction, operation, and
maintenance of the project on publicly owned or controlled
land), but such credit may not exceed 25 percent of total
project costs.
(D) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 to carry out this section.
(2) Corps of engineers expense.--Not more than 10 percent of
the amounts made available to carry out this section may be used by
the Corps of Engineers district offices to administer projects
under this section at Federal expense.
(f) Southwestern Oregon Defined.--In this section, the term
``southwestern Oregon'' means the counties of Benton, Coos, Curry,
Douglas, Lane, Linn, and Josephine, Oregon.
SEC. 8360. YAQUINA RIVER, OREGON.
The Secretary shall not require the non-Federal interest for the
project for navigation, Yaquina River, Oregon, authorized by the first
section of the Act of March 4, 1913 (chapter 144, 37 Stat. 819), to--
(1) provide a floating plant to the United States for use in
maintaining the project; or
(2) provide funds in an amount determined by the Secretary to
be equivalent to the value of the floating plant as a non-Federal
contribution to the cost of maintaining the project.
SEC. 8361. LOWER BLACKSTONE RIVER, RHODE ISLAND.
The project being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330) for ecosystem
restoration, Lower Blackstone River, Rhode Island, is modified as
follows:
(1) The maximum amount of Federal funds that may be expended
for the project shall be $15,000,000.
(2) If the Secretary includes in the project a measure on
Federal land under the jurisdiction of another Federal agency, the
Secretary may enter into an agreement with such agency that grants
permission for the Secretary to--
(A) construct the measure on the land under the
jurisdiction of such agency; and
(B) operate and maintain the measure using funds provided
to the Secretary by the non-Federal interest for the project.
(3) If the Secretary includes in the project a measure for fish
passage at a dam licensed for hydropower, the Secretary shall
include in the project costs all costs for such measure, except
that those costs that are in excess of the costs to provide fish
passage at the dam if hydropower improvements were not in place
shall be at 100 percent non-Federal expense.
SEC. 8362. CHARLESTON HARBOR, SOUTH CAROLINA.
The Secretary shall reimburse the non-Federal interest for project
for navigation, Charleston Harbor, South Carolina, authorized by
section 1401(1) of the Water Resources Development Act of 2016 (130
Stat. 1708), for advanced funds provided by the non-Federal interest
for construction of the project that exceed the non-Federal share of
the cost of construction of the project as soon as practicable after
the completion of each individual contract for the project.
SEC. 8363. COLLETON COUNTY, SOUTH CAROLINA.
Notwithstanding subparagraph (C)(i) of section 221(a)(4) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)), the non-Federal
interest for the project for hurricane and storm damage risk reduction,
Colleton County, South Carolina, authorized by section 1401(3) of the
Water Resources Development Act of 2016 (130 Stat. 1711), may receive
credit under subparagraph (A) of such section 221(a)(4) for the cost of
construction carried out before the date of enactment of this Act.
SEC. 8364. ENSLEY LEVEE, TENNESSEE.
(a) In General.--Section 353(b)(1) of the Water Resources
Development Act of 2020 (134 Stat. 2721) is amended by striking ``and
Nonconnah Creek'' and inserting ``, Nonconnah Creek, and Ensley''.
(b) Resumption of Maintenance.--The Secretary shall resume
operation and maintenance of Ensley levee system portion of the project
described in the modification made by subsection (a) pursuant to the
requirements of section 353(b)(1) of the Water Resources Development
Act of 2020 (134 Stat. 2721).
SEC. 8365. WOLF RIVER HARBOR, TENNESSEE.
Beginning on the date of enactment of this Act, the project for
navigation, Wolf River Harbor, Tennessee, authorized by section 202 of
the National Industrial Recovery Act (48 Stat. 201; 49 Stat. 1034; 72
Stat. 308), is modified to reduce, in part, the authorized dimensions
of the project, such that the remaining authorized dimensions are as
follows:
(1) A 250-foot-wide, 9-foot-depth channel with a center line
beginning at an approximate point of 35.139634, -90.062343 and
extending approximately 1,300 feet to an approximate point of
35.142077, -90.059107.
(2) A 200-foot-wide, 9-foot-depth channel with a center line
beginning at an approximate point of 35.142077, -90.059107 and
extending approximately 1,800 feet to an approximate point of
35.1467861, -90.057003.
(3) A 250-foot-wide, 9-foot-depth channel with a center line
beginning at an approximate point of 35.1467861, -90.057003 and
extending approximately 5,550 feet to an approximate point of
35.160848, -90.050566.
SEC. 8366. ADDICKS AND BARKER RESERVOIRS, TEXAS.
The Secretary is authorized to provide, pursuant to section 206 of
the Flood Control Act of 1960 (33 U.S.C. 709a), information and advice
to non-Federal interests on the removal of sediment obstructing inflow
channels to the Addicks and Barker Reservoirs, authorized pursuant to
the project for Buffalo Bayou and its tributaries, Texas, under section
3a of the Act of August 11, 1939 (chapter 699, 53 Stat. 1414; 68 Stat.
1258).
SEC. 8367. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.
The project for ecosystem restoration, North Padre Island, Corpus
Christi Bay, Texas, authorized under section 556 of the Water Resources
Development Act of 1999 (113 Stat. 353), shall not be eligible for
repair and restoration assistance under section 5(a) of the Act of
August 18, 1941 (33 U.S.C. 701n(a)).
SEC. 8368. NUECES COUNTY, TEXAS.
(a) In General.--Upon receipt of a written request from the owner
of land subject to a covered easement, the Secretary shall, without
consideration, release or otherwise convey the covered easement to the
holder of such easement, if the Secretary determines that the covered
easement is no longer required for purposes of navigation.
(b) Survey To Obtain Legal Description.--The exact acreage and
legal description of any covered easements to be released or otherwise
conveyed under this section shall be determined by a survey that is
satisfactory to the Secretary.
(c) Costs.--An entity to which a release or conveyance is made
under this section shall be responsible for all reasonable and
necessary costs, including real estate transaction and environmental
documentation costs, associated with the release or conveyance.
(d) Additional Terms and Conditions.--The Secretary may require
that the release or conveyance of a covered easement under this section
be subject to such additional terms and conditions as the Secretary
determines necessary and appropriate to protect the interests of the
United States.
(e) Definition of Covered Easement.--In this subsection, the term
``covered easement'' means an easement held by the United States for
purposes of navigation in Nueces County, Texas.
SEC. 8369. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK.
Section 5146 of the Water Resources Development Act of 2007 (121
Stat. 1255) is amended by adding at the end the following:
``(c) Clarifications.--
``(1) In general.--At the request of the non-Federal interest
for the study of the Lake Champlain Canal Aquatic Invasive Species
Barrier carried out under section 542 of the Water Resources
Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat.
2652), the Secretary shall scope the phase II portion of such study
to satisfy the feasibility determination under subsection (a).
``(2) Dispersal barrier.--A dispersal barrier constructed,
maintained, or operated under this section may include--
``(A) physical hydrologic separation;
``(B) nonstructural measures;
``(C) deployment of technologies; and
``(D) buffer zones.''.
SEC. 8370. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016 (33
U.S.C. 467f-2 note) is amended by adding at the end the following:
``(g) Special Rule.--Notwithstanding subsection (c), the non-
Federal share of the cost of the project for rehabilitation of
Waterbury Dam, Washington County, Vermont, under this section,
including the cost of any required study, shall be the same share
assigned to the non-Federal interest for the cost of initial
construction of the Waterbury Dam.''.
SEC. 8371. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION, WASHINGTON.
In carrying out the project for ecosystem restoration, Puget Sound,
Washington, authorized by section 1401(4) of the Water Resources
Development Act of 2016 (130 Stat. 1713), the Secretary shall consider
the removal and replacement of the Highway 101 causeway and bridges at
the Duckabush River Estuary site to be a project feature the costs of
which are shared as construction.
SEC. 8372. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
(a) In General.--The Federal share of the cost of the project for
flood control, Milton, West Virginia, authorized by section 580 of the
Water Resources Development Act of 1996 (110 Stat. 3790; 114 Stat.
2612; 121 Stat. 1154), shall be 90 percent.
(b) Land, Easements, and Rights-of-Way.--For the project described
in subsection (a), the Secretary shall include in the cost of the
project, and credit toward the non-Federal share of that cost, the
value of land, easements, and rights-of-way provided by the non-Federal
interest for the project, including the value of land, easements, and
rights-of-way required for the project that are owned or held by the
non-Federal interest or other non-Federal public body.
(c) Additional Eligibility.--Unless otherwise explicitly prohibited
in an Act making appropriations for the Corps of Engineers, the project
described in subsection (a) shall be eligible for additional funding
appropriated and deposited into the ``corps of engineers--civil--
construction'' account--
(1) without a new investment decision; and
(2) on the same terms as a project that is not the project
described in subsection (a).
SEC. 8373. NORTHERN WEST VIRGINIA.
(a) In General.--Section 571 of the Water Resources Development Act
of 1999 (113 Stat. 371; 121 Stat. 1257; 134 Stat. 2719) is amended--
(1) in the section heading, by striking ``central'' and
inserting ``northern'';
(2) by striking subsection (a) and inserting the following:
``(a) Definition of Northern West Virginia.--In this section, the
term `northern West Virginia' means the counties of Barbour, Berkeley,
Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison,
Jefferson, Lewis, Marion, Marshall, Mineral, Morgan, Monongalia, Ohio,
Pleasants, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur,
Wetzel, and Wood, West Virginia.'';
(3) in subsection (b), by striking ``central'' and inserting
``northern'';
(4) in subsection (c), by striking ``central'' and inserting
``northern''; and
(5) in subsection (h), by striking ``$100,000,000'' and
inserting ``$120,000,000''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Water Resources Development Act of 1999 (113 Stat. 269) is amended
by striking the item relating to section 571 and inserting the
following:
``Sec. 571. Northern West Virginia.''.
SEC. 8374. SOUTHERN WEST VIRGINIA.
(a) In General.--Section 340 of the Water Resources Development Act
of 1992 (106 Stat. 4856) is amended--
(1) in the section heading, by striking ``environmental
restoration infrastructure and resource protection development
pilot program'';
(2) by striking subsection (f) and inserting the following:
``(f) Definition of Southern West Virginia.--In this section, the
term `southern West Virginia' means the counties of Boone, Braxton,
Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha,
Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas,
Pendleton, Pocahontas, Putnam, Raleigh, Roane, Summers, Wayne, Webster,
Wirt, and Wyoming, West Virginia.''; and
(3) in subsection (g), by striking ``$120,000,000'' and
inserting ``$140,000,000''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Water Resources Development Act of 1992 (106 Stat. 4797) is amended
by striking the item relating to section 340 and inserting the
following:
``Sec. 340. Southern West Virginia.''.
SEC. 8375. ENVIRONMENTAL INFRASTRUCTURE.
(a) New Projects.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1258)
is amended by adding at the end the following:
``(274) Alabama.--$50,000,000 for water, wastewater, and other
environmental infrastructure in Alabama.
``(275) Chandler, arizona.--$18,750,000 for water and
wastewater infrastructure in the city of Chandler, Arizona.
``(276) Pinal county, arizona.--$40,000,000 for water and
wastewater infrastructure in Pinal County, Arizona.
``(277) Tempe, arizona.--$37,500,000 for water and wastewater
infrastructure, including water reclamation and groundwater
recharge, for the City of Tempe, Arizona.
``(278) Alameda county, california.--$20,000,000 for
environmental infrastructure, in Alameda County, California.
``(279) Bell gardens, california.--$12,500,000 for water and
wastewater infrastructure, including water recycling and water
supply, in the city of Bell Gardens, California.
``(280) Calimesa, california.--$3,500,000 for stormwater
management and water supply infrastructure, including groundwater
recharge and water recycling, in the city of Calimesa, California.
``(281) Compton creek, california.--$6,165,000 for stormwater
management infrastructure in the vicinity of Compton Creek, city of
Compton, California.
``(282) Downey, california.--$100,000,000 for water
infrastructure, including water supply, in the city of Downey,
California.
``(283) East county, san diego county, california.--$70,000,000
for water and wastewater infrastructure, including water recycling
and water supply, in East County, San Diego County, California.
``(284) Eastern los angeles county, california.--$25,000,000
for the planning, design, and construction of water and wastewater
infrastructure, including water recycling and water supply, for the
cities of Azusa, Baldwin Park, Covina, Duarte, El Monte, Glendora,
Industry, Irwindale, La Puente, La Verne, Monrovia, San Dimas, and
West Covina, and for Avocado Heights, Bassett, and Valinda,
California.
``(285) Escondido creek, california.--$34,000,000 for water and
wastewater infrastructure, including stormwater management, in the
vicinity of Escondido Creek, city of Escondido, California.
``(286) Fontana, california.--$16,000,000 for stormwater
management infrastructure in the city of Fontana, California.
``(287) Healdsburg, california.--$23,500,000 for water and
wastewater infrastructure, including water recycling and water
supply, in the city of Healdsburg, California.
``(288) Inland empire, california.--$60,000,000 for water and
wastewater infrastructure, including water supply, in Riverside
County and San Bernardino County, California.
``(289) Lomita, california.--$4,716,600 for stormwater
management infrastructure in the city of Lomita, California.
``(290) Marin county, california.--$28,000,000 for water and
wastewater infrastructure, including water supply, in Marin County,
California.
``(291) Maywood, california.--$10,000,000 for wastewater
infrastructure in the city of Maywood, California.
``(292) Monterey peninsula, california.--$20,000,000 for water
and wastewater infrastructure, and water supply, on the Monterey
Peninsula, California.
``(293) North richmond, california.--$45,000,000 for water and
wastewater infrastructure, including coastal flooding resilience
measures for such infrastructure, in North Richmond, California.
``(294) Ontario, california.--$40,700,000 for water and
wastewater infrastructure, including water recycling and water
supply, in the city of Ontario, California.
``(295) Paramount, california.--$20,000,000 for water and
wastewater infrastructure, including stormwater management, in the
city of Paramount, California.
``(296) Petaluma, california.--$13,700,000 for water and
wastewater infrastructure, including water recycling, in the city
of Petaluma, California.
``(297) Placer county, california.--$21,000,000 for
environmental infrastructure, in Placer County, California.
``(298) Rialto, california.--$27,500,000 for wastewater
infrastructure in the city of Rialto, California.
``(299) Rincon reservation, california.--$38,000,000 for water
and wastewater infrastructure on the Rincon Band of Luiseno Indians
reservation, California.
``(300) Sacramento-san joaquin delta, california.--$50,000,000
for water and wastewater infrastructure (including stormwater
management), water supply and related facilities, environmental
restoration, and surface water protection and development,
including flooding resilience measures for such infrastructure, in
Contra Costa County, San Joaquin County, Solano County, Sacramento
County, and Yolo County, California.
``(301) San joaquin and stanislaus, california.--$200,000,000
for water and wastewater infrastructure, including stormwater
management, and water supply, in San Joaquin County and Stanislaus
County, California.
``(302) Santa rosa, california.--$19,400,000 for water and
wastewater infrastructure, in the city of Santa Rosa California.
``(303) Sierra madre, california.--$20,000,000 for water and
wastewater infrastructure, and water supply, including earthquake
resilience measures for such infrastructure and water supply, in
the city of Sierra Madre, California.
``(304) Smith river, california.--$25,000,000 for wastewater
infrastructure in Howonquet Village and Resort and Tolowa Dee-ni'
Nation, Smith River, California.
``(305) South san francisco, california.--$270,000,000 for
water and wastewater infrastructure, including stormwater
management and water recycling, at the San Francisco International
Airport, California.
``(306) Temecula, california.--$18,000,000 for environmental
infrastructure, in the city of Temecula, California.
``(307) Torrance, california.--$100,000,000 for water and
wastewater infrastructure, including groundwater recharge and water
supply, in the city of Torrance, California.
``(308) Western contra costa county, california.--$15,000,000
for wastewater infrastructure in the cities of Pinole, San Pablo,
and Richmond, and in El Sobrante, California.
``(309) Yolo county, california.--$6,000,000 for environmental
infrastructure, in Yolo County, California.
``(310) Hebron, connecticut.--$3,700,000 for water and
wastewater infrastructure in the town of Hebron, Connecticut.
``(311) New london, connecticut.--$16,000,000 for wastewater
infrastructure in the town of Bozrah and the City of Norwich,
Connecticut.
``(312) Windham, connecticut.--$18,000,000 for water and
wastewater infrastructure in the town of Windham, Connecticut.
``(313) Kent, delaware.--$35,000,000 for water and wastewater
infrastructure, including stormwater management, water storage and
treatment systems, and environmental restoration, in Kent County,
Delaware.
``(314) New castle, delaware.--$35,000,000 for water and
wastewater infrastructure, including stormwater management, water
storage and treatment systems, and environmental restoration, in
New Castle County, Delaware.
``(315) Sussex, delaware.--$35,000,000 for water and wastewater
infrastructure, including stormwater management, water storage and
treatment systems, and environmental restoration, in Sussex County,
Delaware.
``(316) Washington, district of columbia.--$1,000,000 for water
and wastewater infrastructure, including stormwater management, in
Washington, District of Columbia.
``(317) Longboat key, florida.--$12,750,000 for water and
wastewater infrastructure in the town of Longboat Key, Florida.
``(318) Martin, st. lucie, and palm beach counties, florida.--
$100,000,000 for water and wastewater infrastructure, including
stormwater management, to improve water quality in the St. Lucie
River, Indian River Lagoon, and Lake Worth Lagoon in Martin County,
St. Lucie County, and Palm Beach County, Florida.
``(319) Polk county, florida.--$10,000,000 for wastewater
infrastructure, including stormwater management, in Polk County,
Florida.
``(320) Okeechobee county, florida.--$20,000,000 for wastewater
infrastructure in Okeechobee County, Florida.
``(321) Orange county, florida.--$50,000,000 for water and
wastewater infrastructure, including water reclamation and water
supply, in Orange County, Florida.
``(322) Georgia.--$75,000,000 for environmental infrastructure
in Baldwin County, Bartow County, Floyd County, Haralson County,
Jones County, Gilmer County, Towns County, Warren County, Lamar
County, Lowndes County, Troup County, Madison County, Toombs
County, Dade County, Bulloch County, Gordon County, Walker County,
Dooly County, Butts County, Clarke County, Crisp County, Newton
County, Bibb County, Baker County, Barrow County, Oglethorpe
County, Peach County, Brooks County, Carroll County, Worth County,
Jenkins County, Wheeler County, Calhoun County, Randolph County,
Wilcox County, Stewart County, Telfair County, Clinch County,
Hancock County, Ben Hill County, Jeff Davis County, Chattooga
County, Lanier County, Brantley County, Charlton County, Tattnall
County, Emanuel County, Mitchell County, Turner County, Bacon
County, Terrell County, Macon County, Ware County, Bleckley County,
Colquitt County, Washington County, Berrien County, Coffee County,
Pulaski County, Cook County, Atkinson County, Candler County,
Taliaferro County, Evans County, Johnson County, Irwin County,
Dodge County, Jefferson County, Appling County, Taylor County,
Wayne County, Clayton County, Decatur County, Schley County, Sumter
County, Early County, Webster County, Clay County, Upson County,
Long County, Twiggs County, Dougherty County, Quitman County,
Meriwether County, Stephens County, Wilkinson County, Murray
County, Wilkes County, Elbert County, McDuffie County, Heard
County, Marion County, Talbot County, Laurens County, Montgomery
County, Echols County, Pierce County, Richmond County,
Chattahoochee County, Screven County, Habersham County, Lincoln
County, Burke County, Liberty County, Tift County, Polk County,
Glascock County, Grady County, Jasper County, Banks County,
Franklin County, Whitfield County, Treutlen County, Crawford
County, and Hart County, Georgia.
``(323) Guam.--$10,000,000 for water and wastewater
infrastructure in Guam.
``(324) State of hawaii.--$75,000,000 for water and wastewater
infrastructure (including urban stormwater conveyance), resource
protection and development, water supply, environmental
restoration, and surface water protection and development, in the
State of Hawaii.
``(325) County of hawai`i, hawaii.--$20,000,000 for water and
wastewater infrastructure, including stormwater management, in the
County of Hawai`i, Hawaii.
``(326) Honolulu, hawaii.--$20,000,000 for water and wastewater
infrastructure, including stormwater management, in the City and
County of Honolulu, Hawaii.
``(327) Kaua`i, hawaii.--$20,000,000 for water and wastewater
infrastructure, including stormwater management, in the County of
Kaua`i, Hawaii.
``(328) Maui, hawaii.--$20,000,000 for water and wastewater
infrastructure, including stormwater management, in the County of
Maui, Hawaii.
``(329) Dixmoor, illinois.--$15,000,000 for water and water
supply infrastructure in the village of Dixmoor, Illinois.
``(330) Forest park, illinois.--$10,000,000 for wastewater
infrastructure, including stormwater management, in the village of
Forest Park, Illinois.
``(331) Lemont, illinois.--$3,135,000 for water infrastructure
in the village of Lemont, Illinois.
``(332) Lockport, illinois.--$6,550,000 for wastewater
infrastructure, including stormwater management, in the city of
Lockport, Illinois.
``(333) Montgomery and christian counties, illinois.--
$30,000,000 for water and wastewater infrastructure, including
water supply, in Montgomery County and Christian County, Illinois.
``(334) Will county, illinois.--$30,000,000 for water and
wastewater infrastructure, including stormwater management, in Will
County, Illinois.
``(335) Orleans parish, louisiana.--$100,000,000 for water and
wastewater infrastructure in Orleans Parish, Louisiana.
``(336) Fitchburg, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Fitchburg,
Massachusetts.
``(337) Haverhill, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Haverhill,
Massachusetts.
``(338) Lawrence, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Lawrence,
Massachusetts.
``(339) Lowell, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Lowell,
Massachusetts.
``(340) Methuen, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Methuen,
Massachusetts.
``(341) Maryland.--$100,000,000 for water, wastewater, and
other environmental infrastructure, Maryland.
``(342) Boonsboro, maryland.--$5,000,000 for water
infrastructure, including water supply, in the town of Boonsboro,
Maryland.
``(343) Brunswick, maryland.--$15,000,000 for water and
wastewater infrastructure in the city of Brunswick, Maryland.
``(344) Cascade charter township, michigan.--$7,200,000 for
water and wastewater infrastructure in Cascade Charter Township,
Michigan.
``(345) Macomb county, michigan.--$40,000,000 for wastewater
infrastructure, including stormwater management, in Macomb County,
Michigan.
``(346) Northfield, minnesota.--$33,450,000 for water and
wastewater infrastructure in the city of Northfield, Minnesota.
``(347) Centertown, missouri.--$15,900,000 for water and
wastewater infrastructure in the village of Centertown, Missouri.
``(348) City of st. louis, missouri.--$45,000,000 for water and
wastewater infrastructure in the city of St. Louis, Missouri.
``(349) St. louis county, missouri.--$45,000,000 for water and
wastewater infrastructure in St. Louis County, Missouri.
``(350) Clinton, mississippi.--$13,600,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, in the city of Clinton, Mississippi.
``(351) Madison county, mississippi.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage systems,
and water quality enhancement, in Madison County, Mississippi.
``(352) Meridian, mississippi.--$10,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, in the city of Meridian, Mississippi.
``(353) Oxford, mississippi.--$10,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, in the City of Oxford, Mississippi.
``(354) Rankin county, mississippi.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage systems,
and water quality enhancement, in Rankin County, Mississippi.
``(355) Manchester, new hampshire.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Manchester,
New Hampshire.
``(356) Bayonne, new jersey.--$825,000 for wastewater
infrastructure, including stormwater management (including combined
sewer overflows), in the city of Bayonne, New Jersey.
``(357) Camden, new jersey.--$119,000,000 for wastewater
infrastructure, including stormwater management, in the city of
Camden, New Jersey.
``(358) Essex and sussex counties, new jersey.--$60,000,000 for
water and wastewater infrastructure, including water supply, in
Essex County and Sussex County, New Jersey.
``(359) Flemington, new jersey.--$4,500,000 for water and
wastewater infrastructure, including water supply, in the Borough
of Flemington, New Jersey.
``(360) Jefferson, new jersey.--$90,000,000 for wastewater
infrastructure, including stormwater management, in Jefferson
Township, New Jersey.
``(361) Kearny, new jersey.--$69,900,000 for wastewater
infrastructure, including stormwater management (including combined
sewer overflows), in the town of Kearny, New Jersey.
``(362) Long hill, new jersey.--$7,500,000 for wastewater
infrastructure, including stormwater management, in Long Hill
Township, New Jersey.
``(363) Morris county, new jersey.--$30,000,000 for water and
wastewater infrastructure in Morris County, New Jersey.
``(364) Passaic, new jersey.--$1,000,000 for wastewater
infrastructure, including stormwater management, in Passaic County,
New Jersey.
``(365) Phillipsburg, new jersey.--$2,600,000 for wastewater
infrastructure, including stormwater management, in the town of
Phillipsburg, New Jersey.
``(366) Rahway, new jersey.--$3,250,000 for water and
wastewater infrastructure in the city of Rahway, New Jersey.
``(367) Roselle, new jersey.--$5,000,000 for wastewater
infrastructure, including stormwater management, in the Borough of
Roselle, New Jersey.
``(368) South orange village, new jersey.--$7,500,000 for water
infrastructure, including water supply, in the Township of South
Orange Village, New Jersey.
``(369) Summit, new jersey.--$1,000,000 for wastewater
infrastructure, including stormwater management, in the city of
Summit, New Jersey.
``(370) Warren, new jersey.--$4,550,000 for wastewater
infrastructure, including stormwater management, in Warren
Township, New Jersey.
``(371) Espanola, new mexico.--$21,995,000 for water and
wastewater infrastructure in the city of Espanola, New Mexico.
``(372) Farmington, new mexico.--$15,500,000 for water
infrastructure, including water supply, in the city of Farmington,
New Mexico.
``(373) Mora county, new mexico.--$2,874,000 for wastewater
infrastructure in Mora County, New Mexico.
``(374) Santa fe, new mexico.--$20,700,000 for water and
wastewater infrastructure, including water reclamation, in the city
of Santa Fe, New Mexico.
``(375) Clarkstown, new york.--$14,600,000 for wastewater
infrastructure, including stormwater management, in the town of
Clarkstown, New York.
``(376) Genesee, new york.--$85,000,000 for water and
wastewater infrastructure, including stormwater management and
water supply, in Genesee County, New York.
``(377) Queens, new york.--$119,200,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in Queens, New York.
``(378) Yorktown, new york.--$40,000,000 for wastewater
infrastructure, including stormwater management, in the town of
Yorktown, New York.
``(379) Brunswick, ohio.--$4,510,000 for wastewater
infrastructure, including stormwater management, in the city of
Brunswick, Ohio.
``(380) Brookings, oregon.--$2,000,000 for wastewater
infrastructure in the City of Brookings and the Port of Brookings
Harbor, Oregon.
``(381) Monroe, oregon.--$6,000,000 for water and wastewater
infrastructure in the city of Monroe, Oregon.
``(382) Newport, oregon.--$60,000,000 for water and wastewater
infrastructure, including water supply and water storage, in the
city of Newport, Oregon.
``(383) Lane county, oregon.--$25,000,000 for water and
wastewater infrastructure, including water supply and storage,
distribution, and treatment systems, in Lane County, Oregon.
``(384) Palmyra, pennsylvania.--$36,300,000 for wastewater
infrastructure in Palmyra Township, Pennsylvania.
``(385) Pike county, pennsylvania.--$10,000,000 for water and
stormwater management infrastructure, including water supply, in
Pike County, Pennsylvania.
``(386) Pittsburgh, pennsylvania.--$20,000,000 for wastewater
infrastructure, including stormwater management, in the city of
Pittsburgh, Pennsylvania.
``(387) Pocono, pennsylvania.--$22,000,000 for water and
wastewater infrastructure in Pocono Township, Pennsylvania.
``(388) Westfall, pennsylvania.--$16,880,000 for wastewater
infrastructure in Westfall Township, Pennsylvania.
``(389) Whitehall, pennsylvania.--$6,000,000 for stormwater
management infrastructure in Whitehall Township and South Whitehall
Township, Pennsylvania.
``(390) Beaufort, south carolina.--$7,462,000 for stormwater
management infrastructure in Beaufort County, South Carolina.
``(391) Charleston, south carolina.--$25,583,000 for wastewater
infrastructure, including stormwater management, in the city of
Charleston, South Carolina.
``(392) Horry county, south carolina.--$19,000,000 for
environmental infrastructure, including ocean outfalls, in Horry
County, South Carolina.
``(393) Mount pleasant, south carolina.--$7,822,000 for
wastewater infrastructure, including stormwater management, in the
town of Mount Pleasant, South Carolina.
``(394) Portland, tennessee.--$1,850,000 for water and
wastewater infrastructure, including water supply, in the city of
Portland, Tennessee.
``(395) Smith county, tennessee.--$19,500,000 for wastewater
infrastructure, including stormwater management, in Smith County,
Tennessee.
``(396) Trousdale, macon, and sumner counties, tennessee.--
$178,000,000 for water and wastewater infrastructure in Trousdale
County, Macon County, and Sumner County, Tennessee.
``(397) United states virgin islands.--$1,584,000 for
wastewater infrastructure in the United States Virgin Islands.
``(398) Bonney lake, washington.--$3,000,000 for water and
wastewater infrastructure in the city of Bonney Lake, Washington.
``(399) Burien, washington.--$5,000,000 for stormwater
management infrastructure in the city of Burien, Washington.
``(400) Ellensburg, washington.--$3,000,000 for wastewater
infrastructure, including stormwater management, in the city of
Ellensburg, Washington.
``(401) North bend, washington.--$30,000,000 for wastewater
infrastructure, including stormwater management, in the city of
North Bend, Washington.
``(402) Port angeles, washington.--$7,500,000 for wastewater
infrastructure, including stormwater management, in the City and
Port of Port Angeles, Washington.
``(403) Snohomish county, washington.--$56,000,000 for water
and wastewater infrastructure, including water supply, in Snohomish
County, Washington.
``(404) Western washington state.--$200,000,000 for water and
wastewater infrastructure, including stormwater management, water
supply, and conservation, in Chelan County, King County, Kittitas
County, Pierce County, Snohomish County, Skagit County, and Whatcom
County, Washington.
``(405) Milwaukee, wisconsin.--$4,500,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), and resource protection and
development, in the Milwaukee metropolitan area, Wisconsin.''.
(b) Project Modifications.--
(1) Consistency with reports.--Congress finds that the project
modifications described in this subsection are in accordance with
the reports submitted to Congress by the Secretary under section
7001 of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d), titled ``Report to Congress on Future Water
Resources Development'', or have otherwise been reviewed by
Congress.
(2) Modifications.--
(A) Calaveras county, california.--Section 219(f)(86) of
the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 334; 121 Stat. 1259) is amended by striking
``$3,000,000'' and inserting ``$13,280,000''.
(B) Sacramento area, california.--Section 219(f)(23) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 117 Stat. 1840; 134 Stat. 2718) is amended by
striking ``Suburban''.
(C) Los angeles county, california.--Section 219(f) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 117 Stat. 1840; 121 Stat. 1259) is amended by
striking paragraph (93) and inserting the following:
``(93) Los angeles county, california.--$103,000,000 for water
and wastewater infrastructure, including stormwater management,
Diamond Bar, La Habra Heights, Dominguez Channel, Santa Clarity
Valley, and Rowland Heights, Los Angeles County, California.''.
(D) Boulder county, colorado.--Section 219(f)(109) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 114 Stat. 2763A-220) is amended by striking
``$10,000,000 for water supply infrastructure'' and inserting
``$20,000,000 for water and wastewater infrastructure,
including stormwater management and water supply''.
(E) Charlotte county, florida.--Section 219(f)(121) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1261) is amended by striking ``$3,000,000
for'' and inserting ``$33,000,000 for wastewater and''.
(F) Miami-dade county, florida.--Section 219(f)(128) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1261) is amended by striking ``$6,250,000
for'' and inserting ``$190,250,000 for wastewater
infrastructure, including''.
(G) Albany, georgia.--Section 219(f)(130) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
336; 121 Stat. 1261) is amended by striking ``$4,000,000 for a
storm drainage system,'' and inserting ``$109,000,000 for
wastewater infrastructure, including stormwater management
(including combined sewer overflows),''.
(H) Atlanta, georgia.--Section 219(e)(5) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat.
3757; 113 Stat. 334) is amended by striking ``$25,000,000'' and
inserting ``$75,000,000''.
(I) East point, georgia.--Section 219(f)(136) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
336; 121 Stat. 1261) is amended by striking ``$5,000,000 for''
and inserting ``$15,000,000 for stormwater management and
other''.
(J) Cook county and lake county, illinois.--Section
219(f)(54) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220) is amended--
(i) in the paragraph heading, by striking ``Cook
county'' and inserting ``Cook county and lake county'';
(ii) by striking ``$35,000,000 for'' and inserting
``$100,000,000 for wastewater infrastructure, including
stormwater management, and other''; and
(iii) by inserting ``and Lake County'' after ``Cook
County''.
(K) Madison and st. clair counties, illinois.--Section
219(f)(55) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-221; 134 Stat. 2718)
is amended by striking ``$45,000,000'' and inserting
``$100,000,000''.
(L) Calumet region, indiana.--Section 219(f)(12)(A) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 117 Stat. 1843; 121 Stat. 1225) is amended by
striking ``$100,000,000'' and inserting ``$125,000,000''.
(M) Baton rouge, louisiana.--Section 219(f)(21) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 114 Stat. 2763A-220; 121 Stat. 1226) is amended by
striking ``$35,000,000'' and inserting ``$90,000,000''.
(N) South central planning and development commission,
louisiana.--Section 219(f)(153) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121
Stat. 1262) is amended by striking ``$2,500,000'' and inserting
``$12,500,000''.
(O) St. charles, st. bernard, plaquemines, st. john the
baptist, st. james, and assumption parishes, louisiana.--
(i) St. charles, st. bernard, and plaquemines parishes,
louisiana.--Section 219(c)(33) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114
Stat. 2763A-219) is amended by striking ``Water and
wastewater infrastructure'' and inserting ``Water supply
and wastewater infrastructure, including stormwater
management''.
(ii) St. john the baptist, st. james, and assumption
parishes, louisiana.--Section 219(c)(34) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 114 Stat. 2763A-219) is amended--
(I) in the paragraph heading, by striking ``baptist
and st. james'' and inserting ``baptist, st. james, and
assumption''; and
(II) by striking ``Baptist and St. James'' and
inserting ``Baptist, St. James, and Assumption''.
(iii) Authorization of appropriations for construction
assistance.--Section 219(e) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757;
113 Stat. 334; 121 Stat. 1192) is amended--
(I) by striking the ``and'' at the end of paragraph
(16);
(II) by striking the period at the end of paragraph
(17) and inserting a semicolon; and
(III) by adding at the end the following:
``(18) $70,000,000 for the project described in subsection
(c)(33); and
``(19) $36,000,000 for the project described in subsection
(c)(34).''.
(P) Michigan combined sewer overflows.--Section 219(f)(157)
of the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 336; 121 Stat. 1262) is amended--
(i) by striking ``$35,000,000 for'' and inserting the
following:
``(A) In general.--$85,000,000 for''; and
(ii) by adding at the end the following:
``(B) Additional projects.--Amounts made available under
subparagraph (A) may be used for design and construction
projects for water-related environmental infrastructure and
resource protection and development projects in Michigan,
including for projects for wastewater treatment and related
facilities, water supply and related facilities, environmental
restoration, and surface water resource protection and
development.''.
(Q) Jackson, mississippi.--Section 219(f)(167) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
336; 121 Stat. 1263) is amended by striking ``$25,000,000 for
water and wastewater infrastructure'' and inserting
``$125,000,000 for water and wastewater infrastructure,
including resilience activities for such infrastructure''.
(R) Allegheny county, pennsylvania.--Section 219(f)(66)(A)
of the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 336; 114 Stat. 2763A-221; 121 Stat. 1240) is amended
by striking ``$20,000,000 for'' and inserting ``$30,000,000 for
wastewater infrastructure, including stormwater management, and
other''.
(S) Lakes marion and moultrie, south carolina.--Section
219(f)(25) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838;
130 Stat. 1677; 132 Stat. 3818; 134 Stat. 2719) is amended by
striking ``$110,000,000'' and inserting ``$165,000,000''.
(T) Myrtle beach and vicinity, south carolina.--Section
219(f) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by
striking paragraph (250) and inserting the following:
``(250) Myrtle beach and vicinity, south carolina.--$31,000,000
for environmental infrastructure, including ocean outfalls, Myrtle
Beach and vicinity, South Carolina.''.
(U) North myrtle beach and vicinity, south carolina.--
Section 219(f) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by
striking paragraph (251) and inserting the following:
``(251) North myrtle beach and vicinity, south carolina.--
$74,000,000 for environmental infrastructure, including ocean
outfalls, North Myrtle Beach and vicinity, South Carolina.''.
(V) Eastern shore and southwest virginia.--Section
219(f)(10)(A) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255) is amended--
(i) by striking ``$20,000,000'' and inserting
``$52,000,000''; and
(ii) by striking ``Accomac'' and inserting
``Accomack''.
(W) Northern west virginia.--Section 219(f)(272) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 121 Stat. 1268) is amended--
(i) by striking ``$20,000,000 for water and
wastewater'' and inserting the following:
``(A) In general.--$20,000,000 for water and wastewater'';
and
(ii) by adding at the end the following:
``(B) Local cooperation agreements.--Notwithstanding
subsection (a), at the request of a non-Federal interest for a
project or a separable element of a project that receives
assistance under this paragraph, the Secretary may enter into
an agreement developed in accordance with section 571(e) of the
Water Resources Development Act of 1999 (113 Stat. 371) for the
project or separable element.''.
(3) Effect on authorization.--Notwithstanding the operation of
section 6001(e) of the Water Resources Reform and Development Act
of 2014 (as in effect on the day before the date of enactment of
the Water Resources Development Act of 2016), any project included
on a list published by the Secretary pursuant to such section the
authorization for which is amended by this subsection remains
authorized to be carried out by the Secretary.
SEC. 8376. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
(a) Consistency With Reports.--Congress finds that the project
modifications described in this section are in accordance with the
reports submitted to Congress by the Secretary under section 7001 of
the Water Resources Reform and Development Act of 2014 (33 U.S.C.
2282d), titled ``Report to Congress on Future Water Resources
Development'', or have otherwise been reviewed by Congress.
(b) Projects.--
(1) Chesapeake bay.--Section 510 of the Water Resources
Development Act of 1996 (110 Stat. 3759; 121 Stat. 1202; 128 Stat.
1317; 134 Stat. 3704) is amended--
(A) in subsection (a)(2)--
(i) by inserting ``infrastructure and'' before
``resource protection'';
(ii) in subparagraph (B), by inserting ``and
streambanks'' after ``shorelines'';
(iii) by redesignating subparagraphs (E) and (F) as
subparagraphs (H) and (I), respectively; and
(iv) by inserting after subparagraph (D) the following:
``(E) wastewater treatment and related facilities;
``(F) water supply and related facilities;
``(G) stormwater and drainage systems;''; and
(B) in subsection (c)(2)(A), by inserting ``facilities or''
before ``a resource protection and restoration plan''.
(2) Florida keys water quality improvements, florida.--Section
109(f) of title I of division B of the Miscellaneous Appropriations
Act, 2001 (Public Law 106-554, appendix D, 114 Stat. 2763A-222 (as
enacted by section 1(a)(4) of the Consolidated Appropriations Act,
2001 (114 Stat. 2763)); 121 Stat. 1217) is amended by striking
``$100,000,000'' and inserting ``$200,000,000''.
(3) Northeastern minnesota.--Section 569(h) of the Water
Resources Development Act of 1999 (113 Stat. 368; 121 Stat. 1232)
is amended by striking ``$54,000,000'' and inserting
``$80,000,000''.
(4) Mississippi.--Section 592 of the Water Resources
Development Act of 1999 (113 Stat. 379; 117 Stat. 1837; 121 Stat.
1233; 123 Stat. 2851) is amended--
(A) in subsection (b), by striking ``and surface water
resource protection and development'' and inserting ``surface
water resource protection and development, stormwater
management, drainage systems, and water quality enhancement'';
and
(B) in subsection (g), by striking ``$200,000,000'' and
inserting ``$300,000,000''.
(5) Lake tahoe basin restoration, nevada and california.--
Section 108(g) of division C of the Consolidated Appropriations
Act, 2005 (Public Law 108-447; 118 Stat. 2942) is amended by
striking ``$25,000,000'' and inserting ``$50,000,000''.
(6) Central new mexico.--Section 593 of the Water Resources
Development Act of 1999 (113 Stat. 380; 119 Stat. 2255) is
amended--
(A) in subsection (a), by inserting ``Colfax,'' before
``Sandoval'';
(B) in subsection (c), by inserting ``water reuse,'' after
``conservation,''; and
(C) in subsection (h), by striking ``$50,000,000'' and
inserting ``$100,000,000''.
(7) New york city watershed.--Section 552(a)(2) of the Water
Resources Development Act of 1996 (110 Stat. 3780) is amended--
(A) by striking ``design and construction assistance'' and
inserting ``design, repair, replacement, and construction
assistance''; and
(B) by striking ``treatment, and distribution facilities''
and inserting ``treatment, stormwater management, and water
distribution facilities''.
(8) Ohio and north dakota.--Section 594 of the Water Resources
Development Act of 1999 (113 Stat. 381; 119 Stat. 2261; 121 Stat.
1140; 121 Stat. 1944) is amended--
(A) in subsection (h), by striking ``$240,000,000'' and
inserting ``$250,000,000''; and
(B) by adding at the end the following:
``(i) Authorization of Additional Appropriations.--In addition to
amounts authorized under subsection (h), there is authorized to be
appropriated to carry out this section $100,000,000, to be divided
between the States referred to in subsection (a).''.
(9) Southeastern pennsylvania.--Section 566 of the Water
Resources Development Act of 1996 (110 Stat. 3786; 113 Stat. 352)
is amended--
(A) by striking the section heading and inserting
``southeastern pennsylvania and lower delaware river basin.'';
(B) in subsection (a), by inserting ``and the Lower
Delaware River Basin'' after ``southeastern Pennsylvania'';
(C) in subsection (b), by striking ``southeastern
Pennsylvania, including projects for waste water treatment and
related facilities,'' and inserting ``southeastern Pennsylvania
and the Lower Delaware River Basin, including projects for
wastewater treatment and related facilities (including sewer
overflow infrastructure improvements and other stormwater
management),'';
(D) by amending subsection (g) to read as follows:
``(g) Areas Defined.--In this section:
``(1) Lower delaware river basin.--The term `Lower Delaware
River Basin' means the Schuylkill Valley, Upper Estuary, Lower
Estuary, and Delaware Bay subwatersheds of the Delaware River Basin
in the Commonwealth of Pennsylvania and the States of New Jersey
and Delaware.
``(2) Southeastern pennsylvania.--The term `southeastern
Pennsylvania' means Philadelphia, Bucks, Chester, Delaware, and
Montgomery Counties, Pennsylvania.''; and
(E) in subsection (h), by striking ``to carry out this
section $25,000,000'' and inserting ``$50,000,000 to provide
assistance under this section to non-Federal interests in
southeastern Pennsylvania, and $20,000,000 to provide
assistance under this section to non-Federal interests in the
Lower Delaware River Basin''.
(10) South central pennsylvania.--Section 313(g)(1) of the
Water Resources Development Act of 1992 (106 Stat. 4845; 109 Stat.
407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat. 1146;
134 Stat. 2719) is amended by striking ``$400,000,000'' and
inserting ``$410,000,000''.
(11) Texas.--Section 5138 of the Water Resources Development
Act of 2007 (121 Stat. 1250) is amended--
(A) in subsection (b), by striking ``, as identified by the
Texas Water Development Board'';
(B) in subsection (e)(3), by inserting ``and construction''
after ``design work'';
(C) by redesignating subsection (g) as subsection (i);
(D) by inserting after subsection (f) the following:
``(g) Nonprofit Entities.--In this section, the term non-Federal
interest has the meaning given such term in section 221(b) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(b)).
``(h) Corps of Engineers Expenses.--Not more than 10 percent of the
amounts made available to carry out this section may be used by the
Corps of Engineers district offices to administer projects under this
section at Federal expense.''; and
(E) in subsection (i) (as redesignated), by striking
``$40,000,000'' and inserting ``$80,000,000''.
(12) Lake champlain, vermont and new york.--Section 542 of the
Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat.
1150; 134 Stat. 2652) is amended--
(A) in subsection (b)(2)(C), by striking ``planning'' and
inserting ``clean water infrastructure planning, design, and
construction''; and
(B) in subsection (g), by striking ``$32,000,000'' and
inserting ``$100,000,000''.
(13) Western rural water.--Section 595 of the Water Resources
Development Act of 1999 (113 Stat. 383; 117 Stat. 139; 117 Stat.
142; 117 Stat. 1836; 118 Stat. 440; 121 Stat. 1219; 123 Stat. 2851;
128 Stat. 1316; 130 Stat. 1681; 134 Stat. 2719) is amended--
(A) in subsection (i)(1), by striking ``$435,000,000'' and
inserting ``$800,000,000''; and
(B) in subsection (i)(2), by striking ``$150,000,000'' and
inserting ``$200,000,000''.
(c) Effect on Authorization.--Notwithstanding the operation of
section 6001(e) of the Water Resources Reform and Development Act of
2014 (as in effect on the day before the date of enactment of the Water
Resources Development Act of 2016), any project included on a list
published by the Secretary pursuant to such section the authorization
for which is amended by this section remains authorized to be carried
out by the Secretary.
SEC. 8377. CONVEYANCES.
(a) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage and
the legal description of any real property to be conveyed under
this section shall be determined by a survey that is satisfactory
to the Secretary.
(2) Applicability of property screening provisions.--Section
2696 of title 10, United States Code, shall not apply to any
conveyance under this section.
(3) Costs of conveyance.--An entity to which a conveyance is
made under this section shall be responsible for all reasonable and
necessary costs, including real estate transaction and
environmental documentation costs, associated with the conveyance.
(4) Liability.--An entity to which a conveyance is made under
this section shall hold the United States harmless from any
liability with respect to activities carried out, on or after the
date of the conveyance, on the real property conveyed. The United
States shall remain responsible for any liability with respect to
activities carried out, before such date, on the real property
conveyed.
(5) Additional terms and conditions.--The Secretary may require
that any conveyance under this section be subject to such
additional terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the United
States.
(b) City of Lewes, Delaware.--
(1) Conveyance authorized.--The Secretary is authorized to
convey, without consideration, to the City of Lewes, Delaware, all
right, title, and interest of the United States in and to the real
property described in paragraph (2), for the purpose of housing a
new municipal campus for Lewes City Hall, a police station, and a
board of public works.
(2) Property.--The property to be conveyed under this
subsection is the approximately 5.26 acres of land, including
improvements on that land, located at 1137 Savannah Road, Lewes,
Delaware.
(3) Reversion.--
(A) In general.--If the Secretary determines at any time
that the property conveyed under paragraph (1) is not being
used in accordance with the purpose specified in such
paragraph, all right, title, and interest in and to the
property shall revert, at the discretion of the Secretary, to
the United States.
(B) Determination.--A determination by the Secretary under
subparagraph (A) shall be made on the record after an
opportunity for a hearing.
(c) Army Reserve Facility, Belleville, Illinois.--
(1) Conveyance authorized.--The Secretary shall convey to the
city of Belleville, Illinois, without consideration, all right,
title, and interest of the United States in and to the real
property described in paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 5.2 acres of land, including
improvements on that land, located at 500 South Belt East in
Belleville, Illinois.
(3) Deed.--The Secretary shall convey the property under this
subsection by quitclaim deed under such terms and conditions as the
Secretary determines appropriate to protect the interests of the
United States.
(4) Reversion.--If the Secretary determines that the property
conveyed under this subsection is not used for a public purpose,
all right, title, and interest in and to the property shall revert,
at the discretion of the Secretary, to the United States.
(d) Lake Barkley, Kentucky.--
(1) In general.--The Secretary is authorized to convey to the
Eddyville Riverport and Industrial Development Authority all right,
title, and interest of the United States in and to the
approximately 3.3 acres of land in Lyon County, Kentucky, including
the land identified as Tract 1216-2 and a portion of the land
identified as Tract 112-2, adjacent to the southwestern boundary of
the port facilities of the Authority at the Barkley Dam and Lake
Barkley project, Kentucky, authorized by the first section of the
Act of July 24, 1946 (chapter 595, 60 Stat. 636).
(2) Reservation of rights.--The Secretary shall reserve and
retain from the conveyance under this subsection such easements,
rights-of-way, and other interests that the Secretary determines to
be necessary and appropriate to ensure the continued operation of
the project described in paragraph (1).
(3) Deed.--The Secretary shall convey the property under this
subsection by quitclaim deed under such terms and conditions as the
Secretary determines appropriate to protect the interests of the
United States.
(4) Consideration.--The Eddyville Riverport and Industrial
Development Authority shall pay to the Secretary an amount that is
not less than the fair market value of the property conveyed under
this subsection, as determined by the Secretary.
(e) Sardis Lake, Panola County, Mississippi.--
(1) Conveyance authorized.--The Secretary is authorized to
convey to the City of Sardis, Mississippi, all right, title, and
interest of the United States in and to the real property described
in paragraph (2).
(2) Property.--The property to be conveyed is the approximately
1,064 acres of lying in the eastern half of Sections 12 and 13, T 8
S, R 6 W and the western half of Section 18 and the western half of
Section 7, T 8 S, R 5 W, in Panola County, Mississippi, and being
more particularly described as follows: Begin at the southeast
corner of said Section 13, run thence from said point of beginning,
along the south line of said Section 13, run westerly, 2,723 feet;
thence run N 2739'53'' W, for 1,898 feet; thence run north 2,434
feet; thence run east, 1,006 feet, more or less, to a point on the
easterly edge of Mississippi State Highway No. 315; thence run
along said easterly edge of highway, northerly, for 633 feet;
thence leaving said easterly edge of highway, run N 6200' E, for
200 feet; thence N 0700' E, for 1,350 feet; thence N 0700' W, for
800 feet; thence N 3730'W for 800 feet; thence N 1000' W for 350
feet; thence N 1100' E, for 350 feet; thence N 4330' E for 250
feet; thence N 8800' E for 200 feet; thence S 6400' E for 350
feet; thence S 2530' E, for 650 feet, more or less, to the
intersection of the east line of the western half of the eastern
half of the northwest quarter of the southeast quarter of the
aforesaid Section 12, T 8 S, R 6 W and the 235-foot contour; thence
run along said 235-foot contour, 6,392 feet; thence leaving said
235-foot contour, southerly 1,762 feet, more or less, to a point on
the south line of Section 7; thence S 0028'49'' E, 2,664.97 feet,
more or less, to a point on the south line of the northwest quarter
of said Section 18; thence along said south line, easterly for 100
feet, more or less to the northwest corner of the southwest quarter
of said Section 18; thence leaving said south line of said
northwest quarter, along the east line of said southwest quarter, S
0006'20'' E, run 2,280 feet, more or less, to the southerly edge
of an existing power line right-of-way; thence leaving said east
line of said southwest quarter, along said southerly edge of said
power line right-of-way, northwesterly, 300 feet, more or less, to
the easterly edge of the existing 4-H Club Road; thence leaving
said southerly edge of said power line right-of-way, along said
easterly edge of said road, southeasterly, 420 feet, more or less,
to the south line of said southwest quarter; thence leaving said
easterly edge of said road, along said south line of southwest
quarter, westerly, 2,635 feet, more or less, to the point of
beginning, LESS AND EXCEPT the following prescribed parcel:
Beginning at a point N 0045'48'' W, 302.15 feet and west, 130.14
feet from the southeast corner of said Section 13, T 8 S, R 6 W,
and running thence S 0435'58'' W, 200.00 feet to a point on the
north side of a road; running thence with the north side of said
road, N 8351' W, for 64.84 feet; thence N 7226'44'' W, 59.48
feet; thence N 6031'37'' W, 61.71 feet; thence N 6335'08'' W,
51.07 feet; thence N 0647'17'' W, 142.81 feet to a point; running
thence S 8524'02'' E, 254.37 feet to the point of beginning,
containing 1.00 acre, more or less.
(3) Reservation of rights.--
(A) In general.--The Secretary shall reserve and retain
from the conveyance under this subsection such easements,
rights-of-way, and other interests that the Secretary
determines to be necessary and appropriate to ensure the
continued operation of the Sardis Lake project, authorized by
section 6 of the Act of May 15, 1928 (chapter 569, 45 Stat.
536).
(B) Flooding; liability.--In addition to any easements,
rights-of-way, and other interests reserved an retained under
subparagraph (A), the Secretary--
(i) shall retain the right to flood land for downstream
flood control purposes on--
(I) the land located east of Blackjack Road and
below 301.0 feet above sea level; and
(II) the land located west of Blackjack Road and
below 224.0 feet above sea level; and
(ii) shall not be liable for any reasonable damage
resulting from any flooding of land pursuant to clause (i).
(4) Deed.--The Secretary shall--
(A) convey the property under this section by quitclaim
deed under such terms and conditions as the Secretary
determines appropriate to protect the interests of the United
States; and
(B) ensure that such deed includes a permanent restriction
that all future building of above-ground structures on the land
conveyed under this subsection shall be restricted to areas
lying at or above 301.0 feet above sea level.
(5) Consideration.--The City of Sardis, Mississippi, shall pay
to the Secretary an amount that is not less than the fair market
value of the property conveyed under this subsection, as determined
by the Secretary.
(6) Notice and reporting.--After conveying property under this
subsection, the Secretary shall submit to the City of Sardis,
Mississippi--
(A) weekly reports describing--
(i) the water level of Sardis Lake, as in effect on the
date of submission of the report;
(ii) any applicable forecasts of that water level; and
(iii) any other information that may affect land
conveyed under this subsection; and
(B) a timely notice of any anticipated flooding of a
portion of the land conveyed under this subsection.
(f) Rogers County, Oklahoma.--
(1) Conveyance authorized.--The Secretary is authorized to
convey to the City of Tulsa-Rogers County Port Authority, all
right, title, and interest of the United States in and to the real
property described in paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 176 acres of Federal land located
on the following 3 parcels in Rogers County, Oklahoma:
(A) Parcel 1 consists of U.S. tract 119 (partial), U.S.
tract 123, U.S. tract 120, U.S. tract 125, and U.S. tract 118
(partial).
(B) Parcel 2 consists of U.S. tract 124 (partial) and U.S.
tract 128 (partial).
(C) Parcel 3 consists of U.S. tract 128 (partial).
(3) Reservation of rights.--The Secretary shall reserve and
retain from any conveyance under this subsection such easements,
rights-of-way, and other interests that the Secretary determines to
be necessary and appropriate to ensure the continued operation of
the McClellan-Kerr Arkansas River navigation project (including
Newt Graham Lock and Dam 18) authorized under the comprehensive
plan for the Arkansas River Basin by the Act of June 28, 1938
(chapter 795, 52 Stat. 1218; 60 Stat. 634; 60 Stat. 647; 101 Stat.
1329-112; 117 Stat. 1842).
(4) Deed.--The Secretary shall convey the property under this
subsection by quitclaim deed under such terms and conditions as the
Secretary determines appropriate to protect the interests of the
United States.
(5) Consideration.--The City of Tulsa-Rogers County Port
Authority shall pay to the Secretary an amount that is not less
than the fair market value of the property conveyed under this
subsection, as determined by the Secretary.
(6) Obstructions to navigable capacity.--A conveyance under
this subsection shall not affect the jurisdiction of the Secretary
under section 10 of the Act of March 3, 1899 (33 U.S.C. 403) with
respect to the property conveyed.
(g) Regional Corps of Engineers Office, Corpus Christi, Texas.--
(1) Conveyance authorized.--At such time as new facilities are
available to be used as the office for the Galveston District of
the Corps of Engineers, the Secretary shall convey to the Port of
Corpus Christi, all right, title, and interest of the United States
in and to the property described in paragraph (2).
(2) Description of property.--The property referred to in
paragraph (1) is the land known as Tract 100 and Tract 101,
including improvements on that land, in Corpus Christi, Texas, and
described as follows:
(A) Tract 100.--The 1.89 acres, more or less, as conveyed
by the Nueces County Navigation District No. 1 of Nueces
County, Texas, to the United States by instrument dated October
16, 1928, and recorded at Volume 193, pages 1 and 2, in the
Deed Records of Nueces County, Texas.
(B) Tract 101.--The 0.53 acres as conveyed by the City of
Corpus Christi, Nueces County, Texas, to the United States by
instrument dated September 24, 1971, and recorded at Volume
318, pages 523 and 524, in the Deed Records of Nueces County,
Texas.
(C) Improvements.--
(i) Main Building (RPUID AO-C-3516), constructed
January 9, 1974.
(ii) Garage, vehicle with 5 bays (RPUID AO-C-3517),
constructed January 9, 1985.
(iii) Bulkhead, Upper (RPUID AO-C-2658), constructed
January 1, 1941.
(iv) Bulkhead, Lower (RPUID AO-C-3520), constructed
January 1, 1933.
(v) Bulkhead Fence (RPUID AO-C-3521), constructed
January 9, 1985.
(vi) Bulkhead Fence (RPUID AO-C-3522), constructed
January 9, 1985.
(3) Deed.--The Secretary shall convey the property under this
subsection by quitclaim deed under such terms and conditions as the
Secretary determines appropriate to protect the interests of the
United States.
(4) Consideration.--The Port of Corpus Christi shall pay to the
Secretary an amount that is not less than the fair market value of
the property (including improvements) conveyed under this
subsection, as determined by the Secretary.
SEC. 8378. LAND TRANSFER AND TRUST LAND FOR CHOCTAW NATION OF OKLAHOMA.
(a) Transfer.--
(1) In general.--Subject to paragraph (2) and for the
consideration described in subsection (c), the Secretary shall
transfer to the Secretary of the Interior the land described in
subsection (b) to be held in trust for the benefit of the Choctaw
Nation.
(2) Conditions.--The land transfer under this subsection shall
be subject to the following conditions:
(A) The transfer--
(i) shall not interfere with the operation by the Corps
of Engineers of the Sardis Lake Project, authorized
pursuant to section 203 of the Flood Control Act of 1962
(76 Stat. 1187), or any other authorized civil works
project; and
(ii) shall be subject to such other terms and
conditions as the Secretary determines to be necessary and
appropriate to ensure the continued operation of the Sardis
Lake Project or any other authorized civil works project.
(B) The Secretary shall retain the right to inundate with
water the land transferred to the Choctaw Nation under this
subsection as necessary to carry out an authorized purpose of
the Sardis Lake Project or any other civil works project.
(C) No gaming activities may be conducted on the land
transferred under this subsection.
(b) Land Description.--
(1) In general.--The land to be transferred under subsection
(a) is the approximately 247 acres of land located in Sections 18
and 19 of T2N R18E, and Sections 5 and 8 of T2N R19E, Pushmataha
County, Oklahoma, generally depicted as ``USACE'' on the map
entitled ``Sardis Lake - Choctaw Nation Proposal'' and dated
February 22, 2022.
(2) Survey.--The exact acreage and legal descriptions of the
land to be transferred under subsection (a) shall be determined by
a survey satisfactory to the Secretary and the Secretary of the
Interior.
(c) Consideration.--The Choctaw Nation shall pay to the Secretary
an amount that is equal to the fair market value of the land
transferred under subsection (a), as determined by the Secretary, which
funds may be accepted and expended by the Secretary.
(d) Costs of Transfer.--The Choctaw Nation shall be responsible for
all reasonable and necessary costs, including real estate transaction
and environmental documentation costs, associated with the transfer of
land under subsection (a).
SEC. 8379. JOHN P. MURTHA LOCKS AND DAM.
(a) Designation.--Locks and Dam 4, Monongahela River, Pennsylvania,
authorized by section 101(18) of the Water Resources Development Act of
1992 (106 Stat. 4803), and commonly known as the ``Charleroi Locks and
Dam'', shall be known and designated as the ``John P. Murtha Locks and
Dam''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the locks and dam
referred to in subsection (a) shall be deemed to be a reference to the
``John P. Murtha Locks and Dam''.
SEC. 8380. TREATMENT OF CERTAIN BENEFITS AND COSTS.
Section 152(a) of the Water Resources Development Act of 2020 (33
U.S.C. 2213a(a)) is amended by striking ``a flood risk management
project that incidentally generates seismic safety benefits in
regions'' and inserting ``a flood risk management or coastal storm risk
management project in a region''.
SEC. 8381. DEBRIS REMOVAL.
Section 3 of the Act of March 2, 1945 (33 U.S.C. 603a), is amended
by striking ``or recreation'' and inserting ``ecosystem restoration, or
recreation''.
SEC. 8382. GENERAL REAUTHORIZATIONS.
(a) Rehabilitation of Existing Levees.--Section 3017(e) of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 3303a
note) is amended--
(1) by striking ``this subsection'' and inserting ``this
section''; and
(2) by striking ``the date that is 10 years after the date of
enactment of this Act'' and inserting ``December 31, 2028''.
(b) Invasive Species in Alpine Lakes Pilot Project.--Section 507(c)
of the Water Resources Development Act of 2020 (16 U.S.C. 4701 note) is
amended by striking ``2024'' and inserting ``2028''.
(c) Environmental Banks.--Section 309(e) of the Coastal Wetlands
Planning, Protection and Restoration Act (16 U.S.C. 3957(e)) is amended
by striking ``10'' and inserting ``12''.
SEC. 8383. TRANSFER OF EXCESS CREDIT.
Section 1020 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2223) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Studies and projects with multiple non-federal
interests.--A credit described in paragraph (1) for a study or
project with multiple non-Federal interests may be applied to the
required non-Federal cost share for a study or project of any such
non-Federal interest, if each such non-Federal interest agrees in
writing to such application.'';
(2) in subsection (b), by adding at the end the following:
``(3) Conditional approval of excess credit.--Notwithstanding
paragraph (2)(A)(ii), the Secretary may approve credit in excess of
the non-Federal share for a study or project prior to the
identification of each authorized study or project to which the
excess credit will be applied, subject to the condition that the
non-Federal interest agrees to submit for approval by the Secretary
an amendment to the comprehensive plan prepared under paragraph (2)
that identifies each authorized study or project in advance of
execution of the feasibility cost-sharing agreement or project
partnership agreement for that authorized study or project.'';
(3) in subsection (d), by striking ``10 years after the date of
enactment of this Act'' and inserting ``on December 31, 2028''; and
(4) in subsection (e)(1)(B), by striking ``10 years after the
date of enactment of this Act'' and inserting ``December 31,
2028''.
SEC. 8384. TREATMENT OF CREDIT BETWEEN PROJECTS.
Section 7007(d) of the Water Resources Development Act of 2007 (121
Stat. 1277; 128 Stat. 1226) is amended by inserting ``, or may be
applied to reduce the amounts required to be paid by the non-Federal
interest under the terms of the deferred payment agreements entered
into between the Secretary and the non-Federal interest for the
projects authorized by section 7012(a)(1)'' before the period at the
end.
SEC. 8385. NON-FEDERAL PAYMENT FLEXIBILITY.
Section 103(l) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(l)) is amended--
(1) in the subsection heading, by striking ``Initial'';
(2) in the first sentence, by striking ``At the request of''
and inserting the following:
``(1) Initial payment.--At the request of''; and
(3) by adding at the end the following:
``(2) Interest.--
``(A) In general.--At the request of any non-Federal
interest, the Secretary may waive the accrual of interest on
any non-Federal cash contribution under this section or section
101 for a project for a period of not more than 1 year if the
Secretary determines that--
``(i) the waiver will contribute to the ability of the
non-Federal interest to make future contributions; and
``(ii) the non-Federal interest is in good standing
under terms agreed to under subsection (k)(1).
``(B) Limitations.--The Secretary may grant not more than 1
waiver under subparagraph (A) for the same project.''.
SEC. 8386. COASTAL COMMUNITY FLOOD CONTROL AND OTHER PURPOSES.
Section 103(k)(4) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(k)(4)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively, and adjusting the margins appropriately;
(2) in the matter preceding clause (i) (as so redesignated), by
striking ``Notwithstanding'' and inserting the following:
``(A) In general.--Notwithstanding'';
(3) in clause (i) (as so redesignated)--
(A) by striking ``$200 million'' and inserting
``$200,000,000''; and
(B) by striking ``and'' at the end;
(4) in clause (ii) (as so redesignated)--
(A) by inserting ``an amount equal to \2/3\ of'' after
``repays''; and
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(iii) the non-Federal interest repays the balance
of remaining principal by June 1, 2032.''; and
(5) by adding at the end the following:
``(B) Repayment options.--Repayment of a non-Federal
contribution under subparagraph (A)(iii) may be satisfied
through the provision by the non-Federal interest of fish and
wildlife mitigation for one or more projects or separable
elements, if the Secretary determines that--
``(i) the non-Federal interest has incurred costs for
the provision of mitigation that--
``(I) equal or exceed the amount of the required
repayment; and
``(II) are in excess of any required non-Federal
contribution for the project or separable element for
which the mitigation is provided; and
``(ii) the mitigation is integral to the project for
which it is provided.''.
SEC. 8387. NATIONAL LEVEE SAFETY PROGRAM.
(a) Definition of Rehabilitation.--Section 9002(13) of the Water
Resources Development Act of 2007 (33 U.S.C. 3301(13)) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term'';
(2) by inserting ``, increase resiliency to extreme weather
events,'' after ``flood risk''; and
(3) by adding at the end the following:
``(B) Inclusions.--The term `rehabilitation' includes
improvements to a levee in conjunction with any repair,
replacement, reconstruction, or reconfiguration.''.
(b) Levee Safety Initiative.--Section 9005(g)(2)(E)(i) of the Water
Resources Development Act of 2007 (33 U.S.C. 3303a(g)(2)(E)(i)) is
amended by striking ``2023'' and inserting ``2028''.
(c) Levee Rehabilitation Assistance Program.--Section 9005(h) of
the Water Resources Development Act of 2007 (33 U.S.C. 3303a(h)) is
amended--
(1) in paragraph (1), by inserting ``and levee rehabilitation''
after ``mitigation'';
(2) in paragraph (7), by striking ``$10,000,000'' and inserting
``$25,000,000''; and
(3) by adding at the end the following:
``(11) Prioritization.--To the maximum extent practicable, the
Secretary shall prioritize the provision of assistance under this
subsection to economically disadvantaged communities (as defined by
the Secretary under section 160 of the Water Resources Development
Act of 2020 (33 U.S.C. 2201 note)), including economically
disadvantaged communities located in urban and rural areas.''.
SEC. 8388. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
Section 1046(c) of the Water Resources Reform and Development Act
of 2014 (128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
SEC. 8389. WATER SUPPLY STORAGE REPAIR, REHABILITATION, AND REPLACEMENT
COSTS.
Section 301(b) of the Water Supply Act of 1958 (43 U.S.C. 390b(b))
is amended, in the fourth proviso, by striking the second sentence and
inserting the following: ``For Corps of Engineers projects, all annual
operation and maintenance costs for municipal and industrial water
supply storage under this section shall be reimbursed from State or
local interests on an annual basis, and all repair, rehabilitation, and
replacement costs for municipal and industrial water supply storage
under this section shall be reimbursed from State or local interests
(1) without interest, during construction of the repair,
rehabilitation, or replacement, (2) with interest, in lump sum on the
completion of the repair, rehabilitation, or replacement, or (3) at the
request of the State or local interest, with interest, over a period of
not more than 25 years beginning on the date of completion of the
repair, rehabilitation, or replacement, with repayment contracts
providing for recalculation of the interest rate at 5-year intervals.
At the request of the State or local interest, the Secretary of the
Army shall amend a repayment contract entered into under this section
on or before the date of enactment of this sentence for the purpose of
incorporating the terms and conditions described in paragraph (3) of
the preceding sentence.''.
SEC. 8390. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
Section 560 of the Water Resources Development Act of 1999 (33
U.S.C. 2336) is amended--
(1) in subsection (c), by inserting ``, on land held in trust
by the Secretary of the Interior on behalf of, and for the benefit
of, an Indian Tribe, or on restricted land of any Indian Tribe,''
after ``land owned by the United States''; and
(2) in subsection (e)--
(A) by striking ``Rehabilitation'' and inserting
``Restoration''; and
(B) by striking ``Sacramento'' and inserting
``Albuquerque''; and
(3) in subsection (f), by striking ``$30,000,000'' and
inserting ``$50,000,000''.
SEC. 8391. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.
Section 509(a)(2) of the Water Resources Development Act of 2020
(33 U.S.C. 610 note) is amended--
(1) in subparagraph (A), by striking ``or Tennessee River
Watershed'' and inserting ``, Tennessee River Watershed, or
Tombigbee River Watershed''; and
(2) in subparagraph (C)(i), by inserting ``, of which not fewer
than 1 shall be carried out on the Tennessee-Tombigbee Waterway''
before the period at the end.
SEC. 8392. ENHANCED DEVELOPMENT PROGRAM.
The Secretary shall fully implement opportunities for enhanced
development at lakes located primarily in the State of Oklahoma under
the authorities provided in section 3134 of the Water Resources
Development Act of 2007 (121 Stat. 1142; 130 Stat. 1671) and section
164 of the Water Resources Development Act of 2020 (134 Stat. 2668).
SEC. 8393. RECREATIONAL OPPORTUNITIES AT CERTAIN PROJECTS.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means any of
the following projects of the Corps of Engineers:
(A) Ball Mountain Lake, Vermont, authorized by section 203
of the Flood Control Act of 1954 (68 Stat. 1257).
(B) Townshend Lake, Vermont, authorized by section 203 of
the Flood Control Act of 1954 (68 Stat. 1257).
(2) Recreation.--The term ``recreation'' includes downstream
whitewater recreation that is dependent on operations, recreational
fishing, and boating at a covered project.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary should--
(1) ensure that, to the extent compatible with other project
purposes, each covered project is operated in such a manner as to
protect and enhance recreation associated with the covered project;
and
(2) manage land at each covered project to improve
opportunities for recreation at the covered project.
(c) Modification of Water Control Plans.--The Secretary may modify,
or undertake temporary deviations from, the water control plan for a
covered project in order to enhance recreation, if the Secretary
determines the modifications or deviations--
(1) will not adversely affect other authorized purposes of the
covered project; and
(2) will not result in significant adverse impacts to the
environment.
SEC. 8394. FEDERAL ASSISTANCE.
Section 1328(c) of the Water Resources Development Act of 2018 (132
Stat. 3826) is amended by striking ``4 years'' and inserting ``8
years''.
SEC. 8395. MISSISSIPPI RIVER MAT SINKING UNIT.
The Secretary shall expedite the replacement of the Mississippi
River mat sinking unit.
SEC. 8396. SENSE OF CONGRESS ON LEASE AGREEMENT.
It is the sense of Congress that the lease agreement for land and
water areas within the Prado Flood Control Basin Project Area entered
into between the Secretary and the City of Corona, California, for
operations of the Corona Municipal Airport (Recreation Lease No.
DACW09-1-67-60), is a valid lease of land at a water resources
development project under section 4 of the Act of December 22, 1944 (16
U.S.C. 460d).
SEC. 8397. EXPEDITED COMPLETION OF PROJECTS AND STUDIES.
(a) Authorized Projects and Studies.--The Secretary shall, to the
maximum extent practicable, expedite completion of the following
projects and studies:
(1) Projects.--
(A) Project for Juneau and Auke Bay, Floating Wave
Attenuator, Alaska, authorized pursuant to section 204 of the
Flood Control Act of 1948 (62 Stat. 1181).
(B) Project for flood risk management, Little Colorado
River at Winslow, Navajo County, Arizona, authorized by section
401(2) of the Water Resources Development Act of 2020 (134
Stat. 2735).
(C) Project for flood damage reduction, Rio de Flag,
Flagstaff, Arizona, authorized by section 101(b)(3) of the
Water Resources Development Act of 2000 (114 Stat. 2576).
(D) Project for navigation, including maintenance and
channel deepening, McClellan-Kerr Arkansas River, authorized
under the comprehensive plan for the Arkansas River Basin by
section 3 of the Act of June 28, 1938 (chapter 795, 52 Stat.
1218; 60 Stat. 634; 60 Stat. 647; 101 Stat. 1329-112; 117 Stat.
1842).
(E) Project for environmental restoration, Hamilton
Airfield, California, authorized by section 101(b)(3) of the
Water Resources Development Act of 1999 (113 Stat. 279; 121
Stat. 1110).
(F) Project for flood damage reduction and environmental
restoration, Middle Creek, Lake County, California, authorized
by section 1001(11) of the Water Resources Development Act of
2007 (121 Stat. 1051).
(G) The San Francisco Bay Beneficial Use Pilot Project,
California, being carried out under section 1122 of the Water
Resources Development Act of 2016 (130 Stat. 1645).
(H) Project for flood risk management, ecosystem
restoration, and recreation, South San Francisco Bay Shoreline,
California, authorized by section 1401(6) of the Water
Resources Development Act of 2016 (130 Stat. 1714).
(I) Projects for ecosystem restoration included in the
comprehensive Chesapeake Bay restoration plan developed under
the Chesapeake Bay Environmental Restoration and Protection
Program, authorized by section 510 of the Water Resources
Development Act of 1996 (110 Stat. 3759; 121 Stat. 1202; 128
Stat. 1317).
(J) Maintenance dredging and other authorized activities to
address the impacts of shoaling affecting the project for
navigation, Branford Harbor and Branford River, Branford,
Connecticut, authorized by the first section of the Act of June
13, 1902 (chapter 1079, 32 Stat. 333).
(K) Maintenance dredging and other authorized activities to
address the impacts of shoaling affecting the project for
navigation, Guilford Harbor and Sluice Channel, Connecticut,
authorized by section 2 of the Act of March 2, 1945 (chapter
19, 59 Stat. 13).
(L) Maintenance dredging and other authorized activities to
address the impacts of shoaling affecting the project for
navigation, Milford Harbor, Connecticut, authorized by the
first section of the Act of June 23, 1874 (chapter 457, 18
Stat. 241).
(M) Project for ecosystem restoration at Bay Point dredge
hole, Tampa Bay, Florida.
(N) Project for ecosystem restoration, Central and Southern
Florida, Everglades Agricultural Area, authorized by section
1308 of the Water Resources Development Act of 2018 (132 Stat.
3819; 134 Stat. 2709).
(O) An update to the water control manual for Melvin Price
Locks and Dam, Illinois, authorized by section 102 of Public
Law 95-502 (92 Stat. 1695; 95 Stat. 1634).
(P) Projects for the restoration of the Illinois River
Basin, carried out pursuant to section 519 of the Water
Resources Development Act of 2000 (114 Stat. 2653; 121 Stat.
1221).
(Q) Projects for ecosystem restoration, Upper Mississippi
River and Illinois Waterway System, authorized pursuant to
title VIII of the Water Resources Development Act of 2007 (33
U.S.C. 652 note).
(R) Project for navigation, Kentucky Lock Addition,
Kentucky, authorized by section 101(a)(13) of the Water
Resources Development Act of 1996 (110 Stat. 3664).
(S) Project for flood damage reduction, Lower Jefferson
Parish, Louisiana, authorized by section 7016 of the Water
Resources Development Act of 2007 (121 Stat. 1282).
(T) The portion of the project for flood control and other
purposes, Cumberland, Maryland, consisting of the restoration
of the historic Chesapeake and Ohio Canal, authorized by
section 5 of the Act of June 22, 1936 (chapter 6881, 49 Stat.
1574; 113 Stat. 375).
(U) Project for flood control, Ecorse Creek, Wayne County,
Michigan, authorized by section 101(a)(14) of the Water
Resources Development Act of 1990 (104 Stat. 4607).
(V) Projects for ecosystem restoration, Salt River Marsh
Coastal Habitat, Lake St. Clair, Michigan, authorized pursuant
to section 506 of the Water Resources Development Act of 2000
(42 U.S.C. 1962d-22).
(W) Assistance for ecosystem restoration, Lower Yellowstone
Intake Diversion Dam, Montana, authorized pursuant to section
3109 of the Water Resources Development Act of 2007 (121 Stat.
1135).
(X) Maintenance dredging and other authorized activities to
address the impacts of shoaling affecting the project for
navigation, Portsmouth Harbor and Piscataqua River, Maine and
New Hampshire, authorized by section 101 of the River and
Harbor Act of 1962 (76 Stat. 1173).
(Y) Project for flood risk management, Tulsa and West-Tulsa
Levee System, Tulsa County, Oklahoma, authorized by section
401(2) of the Water Resources Development Act of 2020 (134
Stat. 2735).
(Z) Project for flood risk management, Rio Guayanilla,
Puerto Rico, authorized by section 401(2) of the Water
Resources Development Act of 2020 (134 Stat. 2736).
(AA) Projects for critical restoration, Missouri River
Restoration, South Dakota, included in the plan developed under
section 905(e) of the Water Resources Development Act of 2000
(114 Stat. 2707).
(BB) Project for water quality control, Red River Basin
Chloride Control Area VIII, Texas, authorized pursuant to
section 203 of the Flood Control Act of 1966 (80 Stat. 1420).
(CC) Dredging for projects at Port of Galveston for Turning
Basin 2 project, Royal Terminal, Galveston Bay, Galveston,
Texas, authorized pursuant to section 1401(1) of the Water
Resources Development Act of 2018 (132 Stat. 3836).
(DD) Project for dam safety modifications, Bluestone Dam,
West Virginia, authorized pursuant to section 5 of the Act of
June 22, 1936 (chapter 688, 49 Stat. 1586).
(EE) The development and implementation of a sediment
management plan at Big Horn Lake, Wyoming, pursuant to section
1179(a) of the Water Resources Development Act of 2016 (130
Stat. 1675).
(FF) Projects authorized by section 219 of the Water
Resources Development Act of 1992.
(2) Studies.--
(A) Feasibility study of modifications to the portion of
the project for flood control, water conservation, and related
purposes, Russian River Basin, California, consisting of the
Coyote Valley Dam, authorized by section 204 of the Flood
Control Act of 1950 (64 Stat. 177; 130 Stat. 1682), to add
environmental restoration as a project purpose and to increase
water supply and improve reservoir operations.
(B) Feasibility study of modifications to the portion of
the project for flood control, Santa Ana River Mainstem,
California, consisting of Seven Oaks Dam, California,
authorized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4113; 101 Stat. 1329-111; 104 Stat.
4611; 110 Stat. 3713; 121 Stat. 1115), to include water
conservation as an authorized purpose.
(C) Feasibility study of modifications to the project for
flood control, Redbank and Fancher Creeks, California,
authorized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4112).
(D) The update of hydrological modeling of the Fox River
Basin, Illinois.
(E) Feasibility study of modifications to the channel
depths and dimensions pursuant to section 5 of the Act of March
4, 1915 (33 U.S.C. 562) for the project for navigation, Miami
Harbor Channel, Florida, authorized by section 101 of the Water
Resources Development Act of 1990 (104 Stat. 4606).
(F) A comprehensive 50-year review of the Kaskaskia River
Navigation Project, Illinois, pursuant to section 216 of the
Flood Control Act of 1970 (33 U.S.C. 549a).
(G) Feasibility study for the Mississippi River and
Tributaries project, to include the portion of the Ouachita
River Levee System at and below Monroe, Louisiana to Caldwell
Parish, Louisiana, authorized by section 204(b) of the Water
Resources and Development Act of 2020 (134 Stat. 2678).
(H) Feasibility study for the project for ecosystem
restoration and flood risk management at Coldwater Creek,
Missouri, authorized pursuant to section 1202(b) of the Water
Resources Development Act of 2018 (132 Stat. 3803).
(I) Feasibility study for the project for ecosystem
restoration and flood risk management at Maline Creek,
Missouri, authorized pursuant to section 1202(b) of the Water
Resources Development Act of 2018 (132 Stat. 3803).
(J) Feasibility study for the project for flood protection
at the Truman Lake Visitor Center, Warsaw, Missouri, authorized
by section 203 of the Flood Control Act of 1954 (68 Stat. 1262;
84 Stat. 265).
(K) Feasibility study for an updated hydrologic analysis
for the town of Estancia, Torrance County, New Mexico.
(L) Feasibility study for water supply to reduce water
consumption from the Arbuckle Simpson Aquifer, Oklahoma,
utilizing reserved municipal water supply within the Corps of
Engineers-owned lakes, pursuant to section 838 of the Water
Resources Development Act of 1986 (100 Stat. 4174).
(b) Continuing Authorities Programs.--The Secretary shall, to the
maximum extent practicable, expedite completion of the following
projects and studies:
(1) Projects for flood control under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s) for the following areas:
(A) Lower Santa Cruz River, Arizona.
(B) McCormick Wash, Arizona.
(C) Rose and Palm Garden Washes, Arizona.
(D) The Santa Rosa Canal Alternative Conveyance Project,
Arizona.
(E) Southern Maricopa County, in the vicinity of the Ak-
Chin Reservation, Arizona.
(F) Nancy Creek, Georgia.
(G) Peachtree Creek, Georgia.
(H) Sugar Creek, Georgia.
(I) South River Basin, Georgia.
(J) Passaic River, New Jersey.
(K) Salt River Marsh Coastal Habitat, Lake St. Clair,
Michigan.
(L) Blind Brook, Rye, New York.
(M) Aibonito Creek and vicinity, Puerto Rico.
(N) Canovanas River, Puerto Rico.
(O) Municipality of Orocovis, Puerto Rico.
(P) Municipality of San Sebastian, Puerto Rico.
(Q) Municipality of Villalba, Puerto Rico.
(R) Rio Inabon, Ponce, Puerto Rico.
(S) Yauco River and Berrenchin Stream, Puerto Rico.
(2) Projects for navigation under section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577) for the following areas:
(A) Sebewaing River, Port Sanilac Harbor, Lexington Harbor,
and Harbor Beach Harbor, Michigan.
(B) Portsmouth Back Channels and Sagamore Creek,
Portsmouth, New Castle, and Rye, New Hampshire.
(C) Sturgeon Point Marina, New York.
(D) Davis Creek and Mobjack Bay, Mathews County, Virginia.
(3) Project for aquatic ecosystem restoration under section 206
of the Water Resources Development Act of 1996 (33 U.S.C. 2330) for
the following areas:
(A) El Corazon, Arizona.
(B) San Pedro River, Cochise County and vicinity, Arizona,
including review of recharge facilities that preserve water
flows and habitats.
(4) Project modifications for improvement of the environment
under section 1135 of the Water Resources Development Act of 1986
(33 U.S.C. 2309a) for the towns of Quincy and Braintree,
Massachusetts, for fish passage on the Smelt Brook.
(5) Project for the removal of obstructions and clearing
channels for flood control under section 2 of the Act of August 28,
1937 (33 U.S.C. 701g) for the Passaic River, New Jersey.
(6) Project for shoreline erosion protection of public works
under section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r)
and for beach erosion and storm damage reduction under section 3 of
the Act of August 13, 1946 (33 U.S.C. 426g) for Buffalo, New York.
(7) Project for beach erosion and storm damage reduction under
section 3 of the Act of August 13, 1946 (33 U.S.C. 426g) for West
Haven, Connecticut.
Subtitle D--Water Resources Infrastructure
SEC. 8401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
``Report to Congress on Future Water Resources Development'' submitted
to Congress pursuant to section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by
Congress, are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to the
conditions, described in the respective reports or decision documents
designated in this section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AK Elim Subsistence March 12, Federal: $99,057,000
Harbor Study, 2021 Non-Federal: $2,517,000
Elim Total: $101,574,000
------------------------------------------------------------------------
2. CA Port of Long Beach October 14, Federal: $87,063,000
Deep Draft 2021 and May Non-Federal: $88,724,000
Navigation, Los 31, 2022 Total: $175,787,000
Angeles County
------------------------------------------------------------------------
3. GA Brunswick Harbor March 11, Federal: $10,555,500
Modifications, 2022 Non-Federal: $5,680,500
Glynn County Total: $16,236,000
------------------------------------------------------------------------
4. NY, New York -- New June 3, 2022 Federal: $2,408,268,000
NJ Jersey Harbor Non-Federal: $3,929,279,000
Deepening Channel Total: $6,337,547,000
Improvements
------------------------------------------------------------------------
5. WA Tacoma Harbor May 26, 2022 Federal: $140,022,000
Navigation Non-Federal: $203,561,000
Improvement Total: $343,583,000
Project
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AL Selma Flood Risk October 7, Federal: $16,978,000
Management and 2021 Non-Federal: $9,142,000
Bank Total: $26,120,000
Stabilization
------------------------------------------------------------------------
2. AL Valley Creek Flood October 29, Federal: $21,993,000
Risk Management, 2021 Non-Federal: $11,906,000
Bessemer and Total: $33,899,000
Birmingham
------------------------------------------------------------------------
3. CA Lower Cache Creek, June 21, 2021 Federal: $238,151,550
Yolo County, Non-Federal: $128,235,450
Woodland and Total: $366,387,000
Vicinity
------------------------------------------------------------------------
4. NE Papillion Creek January 24, Federal: $100,618,000
and Tributaries 2022 Non-Federal: $57,359,000
Lakes Total: $157,977,000
------------------------------------------------------------------------
5. OR Portland Metro August 20, Federal: $89,708,000
Levee System 2021 Non-Federal: $48,304,000
Total: $138,012,000
------------------------------------------------------------------------
6. PR Rio Guanajibo May 24, 2022 Federal: $184,778,000
Flood Risk Non-Federal: $0
Management, Total: $184,778,000
Mayaguez,
Hormigueros, and
San German
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CT Fairfield and New January 19, Federal: $107,350,000
Haven Counties 2021 Non-Federal: $57,804,000
Coastal Storm Total: $165,154,000
Risk Management
------------------------------------------------------------------------
2. FL Florida Keys, September 24, Federal: $1,774,631,000
Monroe County, 2021 Non-Federal: $955,570,000
Coastal Storm Total: $2,730,201,000
Risk Management
------------------------------------------------------------------------
3. FL Miami-Dade County, September 26, Initial Federal:
Main Segment, 2022 $25,091,000
Coastal Storm Initial Non-Federal:
Risk Management $18,470,000
Total: $43,561,000
Renourishment Federal:
$143,874,000
Renourishment Non-Federal:
$180,898,000
Renourishment Total:
$324,772,000
------------------------------------------------------------------------
4. FL Okaloosa County, October 7, Initial Federal:
Coastal Storm 2021 $21,274,025
Risk Management Initial Non-Federal:
$12,379,975
Total: $33,654,000
Renourishment Federal:
$76,345,000
Renourishment Non-Federal:
$79,292,000
Renourishment Total:
$155,637,000
------------------------------------------------------------------------
5. FL Pinellas County, October 29, Initial Federal: $6,097,000
Treasure Island 2021 Initial Non-Federal:
and Long Key $9,864,000
Segments, Coastal Total: $15,961,000
Storm Risk Renourishment Federal:
Management $115,551,000
Renourishment Non-Federal:
$104,540,000
Renourishment Total:
$220,091,000
------------------------------------------------------------------------
6. LA South Central June 23, 2022 Federal: $809,297,450
Coast, Louisiana Non-Federal: $435,775,550
Hurricane and Total: $1,245,073,000
Storm Damage Risk
Reduction
------------------------------------------------------------------------
7. LA Upper Barataria January 28, Federal: $1,184,472,250
Basin Hurricane 2022 Non-Federal: $637,792,750
and Storm Damage Total: $1,822,265,000
Risk Reduction
------------------------------------------------------------------------
8. NY South Shore of October 27, Federal: $1,086,000,000
Staten Island, 2016 Non-Federal: $585,000,000
Fort Wadsworth to Total: $1,671,000,000
Oakwood Beach,
Coastal Storm
Risk Management
------------------------------------------------------------------------
9. PR San Juan September 16, Federal: $288,294,000
Metropolitan Area 2021 Non-Federal: $155,235,000
Coastal Storm Total: $443,529,000
Risk Management
------------------------------------------------------------------------
10. SC Charleston June 10, 2022 Federal: $828,657,050
Peninsula, Non-Federal: $446,199,950
Coastal Storm Total: $1,274,857,000
Risk Management
------------------------------------------------------------------------
11. SC Folly Beach, October 26, Initial Federal:
Coastal Storm 2021 $49,919,000
Risk Management Initial Non-Federal:
$5,546,000
Total: $55,465,000
Renourishment Federal:
$180,433,000
Renourishment Non-Federal:
$29,373,000
Renourishment Total:
$209,806,000
------------------------------------------------------------------------
(4) Flood risk management and ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Coastal Texas September 16, Federal: $21,380,214,000
Protection and 2021 Non-Federal:
Restoration $12,999,708,000
Total: $34,379,922,000
------------------------------------------------------------------------
(5) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CA Prado Basin April 22, Federal: $35,265,100
Ecosystem 2021 Non-Federal: $22,373,900
Restoration, San Total: $57,639,000
Bernardino,
Riverside and
Orange Counties
------------------------------------------------------------------------
2. KY Three Forks of May 24, 2022 Federal: $77,352,671
Beargrass Creek Non-Federal: $52,539,940
Ecosystem Total: $129,892,611
Restoration,
Louisville
------------------------------------------------------------------------
(6) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. DC Washington, D.C. July 22, 2021 Federal: $19,830,000
and Vicinity Non-Federal: $0
Flood Risk Total: $19,830,000
Management
------------------------------------------------------------------------
2. FL Central and June 30, 2022 Federal: $2,707,950,500
Southern Florida, Non-Federal: $2,707,950,500
Indian River Total: $5,415,901,000
Lagoon
------------------------------------------------------------------------
3. LA Lake Pontchartrain December 16, Federal: $950,303,250
and Vicinity 2021 Non-Federal: $511,701,750
Total: $1,462,005,000
------------------------------------------------------------------------
4. LA West Bank and December 17, Federal: $508,337,700
Vicinity 2021 Non-Federal: $273,720,300
Total: $782,058,000
------------------------------------------------------------------------
5. MI New Soo Lock June 6, 2022 Federal: $3,218,944,000
Construction Non-Federal: $0
Project, Sault Total: $3,218,944,000
Ste. Marie,
Chippewa County
------------------------------------------------------------------------
6. WA Howard A. Hanson May 19, 2022 Federal: $878,530,000
Dam, Water Supply Non-Federal: $43,085,000
and Ecosystem Total: $921,615,000
Restoration
------------------------------------------------------------------------
SEC. 8402. SPECIAL RULES.
(a) South Shore of Staten Island, New York.--The Federal share of
any portion of the cost to design and construct the project for coastal
storm risk management, South Shore of Staten Island, Fort Wadsworth to
Oakwood Beach, New York, authorized by this Act, that exceeds the
estimated total project cost specified in the project partnership
agreement for the project, signed by the Secretary on February 15,
2019, shall be 90 percent.
(b) Charleston Peninsula, South Carolina.--
(1) In general.--Not later than 90 days after the last day of
the covered period, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate, a
request for deauthorization of the project for hurricane and storm
damage risk reduction, Charleston Peninsula, South Carolina,
authorized by this Act, if the non-Federal interest has not entered
into a project partnership agreement for the project, or a
separable element of the project, prior to such last day.
(2) Definition of covered period.--In this subsection, the term
``covered period'' means the period beginning on the date of
enactment of this Act and ending on the date that is--
(A) 10 years after the date of enactment of this Act; or
(B) 10 years after the date on which a design agreement for
the project described in paragraph (1) is executed, if such
design agreement is executed prior to the date that is 10 years
after the date of enactment of this Act.
SEC. 8403. FACILITY INVESTMENT.
(a) In General.--Subject to subsection (b), using amounts available
in the revolving fund established by the first section of the Civil
Functions Appropriations Act, 1954 (33 U.S.C. 576), and not otherwise
obligated, the Secretary may--
(1) design and construct the lab and office facility for a
Mandatory Center of Expertise in Branson, Missouri, described in
the prospectus submitted to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate on June 10, 2022,
pursuant to subsection (c) of such Act (33 U.S.C. 576(c)),
substantially in accordance with such prospectus; and
(2) carry out such construction and infrastructure improvements
as are required to support such lab and office facility, including
any necessary demolition of the existing infrastructure.
(b) Requirement.--In carrying out subsection (a), the Secretary
shall ensure that the revolving fund established by the first section
of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) is
appropriately reimbursed from funds appropriated for Corps of Engineers
programs that benefit from the lab and office facility constructed
under this section.
TITLE LXXXV--CLEAN WATER
Sec. 8501. Regional water programs.
Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
SEC. 8501. REGIONAL WATER PROGRAMS.
(a) San Francisco Bay Restoration Grant Program.--Title I of the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended
by adding at the end the following:
``SEC. 125. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Estuary partnership.--The term `Estuary Partnership'
means the San Francisco Estuary Partnership, designated as the
management conference for the San Francisco Bay under section 320.
``(2) San francisco bay plan.--The term `San Francisco Bay
Plan' means--
``(A) until the date of the completion of the plan
developed by the Director under subsection (d), the
comprehensive conservation and management plan approved under
section 320 for the San Francisco Bay estuary; and
``(B) on and after the date of the completion of the plan
developed by the Director under subsection (d), the plan
developed by the Director under subsection (d).
``(b) Program Office.--
``(1) Establishment.--The Administrator shall establish in the
Environmental Protection Agency a San Francisco Bay Program Office.
The Office shall be located at the headquarters of Region 9 of the
Environmental Protection Agency.
``(2) Appointment of director.--The Administrator shall appoint
a Director of the Office, who shall have management experience and
technical expertise relating to the San Francisco Bay and be highly
qualified to direct the development and implementation of projects,
activities, and studies necessary to implement the San Francisco
Bay Plan.
``(3) Delegation of authority; staffing.--The Administrator
shall delegate to the Director such authority and provide such
staff as may be necessary to carry out this section.
``(c) Annual Priority List.--
``(1) In general.--After providing public notice, the Director
shall annually compile a priority list, consistent with the San
Francisco Bay Plan, identifying and prioritizing the projects,
activities, and studies to be carried out with amounts made
available under subsection (e).
``(2) Inclusions.--The annual priority list compiled under
paragraph (1) shall include the following:
``(A) Projects, activities, and studies, including
restoration projects and habitat improvement for fish,
waterfowl, and wildlife, that advance the goals and objectives
of the San Francisco Bay Plan, for--
``(i) water quality improvement, including the
reduction of marine litter;
``(ii) wetland, riverine, and estuary restoration and
protection;
``(iii) nearshore and endangered species recovery; and
``(iv) adaptation to climate change.
``(B) Information on the projects, activities, and studies
specified under subparagraph (A), including--
``(i) the identity of each entity receiving assistance
pursuant to subsection (e); and
``(ii) a description of the communities to be served.
``(C) The criteria and methods established by the Director
for identification of projects, activities, and studies to be
included on the annual priority list.
``(3) Consultation.--In compiling the annual priority list
under paragraph (1), the Director shall consult with, and consider
the recommendations of--
``(A) the Estuary Partnership;
``(B) the State of California and affected local
governments in the San Francisco Bay estuary watershed;
``(C) the San Francisco Bay Restoration Authority; and
``(D) any other relevant stakeholder involved with the
protection and restoration of the San Francisco Bay estuary
that the Director determines to be appropriate.
``(d) San Francisco Bay Plan.--
``(1) In general.--Not later than 5 years after the date of
enactment of this section, the Director, in conjunction with the
Estuary Partnership, shall review and revise the comprehensive
conservation and management plan approved under section 320 for the
San Francisco Bay estuary to develop a plan to guide the projects,
activities, and studies of the Office to address the restoration
and protection of the San Francisco Bay.
``(2) Revision of san francisco bay plan.--Not less often than
once every 5 years after the date of the completion of the plan
described in paragraph (1), the Director shall review, and revise
as appropriate, the San Francisco Bay Plan.
``(3) Outreach.--In carrying out this subsection, the Director
shall consult with the Estuary Partnership and Indian tribes and
solicit input from other non-Federal stakeholders.
``(e) Grant Program.--
``(1) In general.--The Director may provide funding through
cooperative agreements, grants, or other means to State and local
agencies, special districts, and public or nonprofit agencies,
institutions, and organizations, including the Estuary Partnership,
for projects, activities, and studies identified on the annual
priority list compiled under subsection (c).
``(2) Maximum amount of grants; non-federal share.--
``(A) Maximum amount of grants.--Amounts provided to any
entity under this section for a fiscal year shall not exceed an
amount equal to 75 percent of the total cost of any projects,
activities, and studies that are to be carried out using those
amounts.
``(B) Non-federal share.--Not less than 25 percent of the
cost of any project, activity, or study carried out using
amounts provided under this section shall be provided from non-
Federal sources.
``(f) Funding.--
``(1) Administrative expenses.--Of the amount made available to
carry out this section for a fiscal year, the Director may not use
more than 5 percent to pay administrative expenses incurred in
carrying out this section.
``(2) Prohibition.--No amounts made available under this
section may be used for the administration of a management
conference under section 320.''.
(b) Puget Sound Coordinated Recovery.--Title I of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) is further amended by
adding at the end the following:
``SEC. 126. PUGET SOUND.
``(a) Definitions.--In this section:
``(1) Coastal nonpoint pollution control program.--The term
`Coastal Nonpoint Pollution Control Program' means the State of
Washington's Coastal Nonpoint Pollution Control Program approved
under section 6217 of the Coastal Zone Act Reauthorization
Amendments of 1990.
``(2) Director.--The term `Director' means the Director of the
Program Office.
``(3) Federal action plan.--The term `Federal Action Plan'
means the plan developed under subsection (c)(3)(B).
``(4) International joint commission.--The term `International
Joint Commission' means the International Joint Commission
established by the Treaty relating to the boundary waters and
questions arising along the boundary between the United States and
Canada, signed at Washington January 11, 1909, and entered into
force May 5, 1910 (36 Stat. 2448; TS 548; 12 Bevans 319).
``(5) Pacific salmon commission.--The term `Pacific Salmon
Commission' means the Pacific Salmon Commission established by the
United States and Canada under the Treaty concerning Pacific
salmon, with annexes and memorandum of understanding, signed at
Ottawa January 28, 1985, and entered into force March 18, 1985
(TIAS 11091; 1469 UNTS 357) (commonly known as the `Pacific Salmon
Treaty').
``(6) Program office.--The term `Program Office' means the
Puget Sound Recovery National Program Office established by
subsection (b).
``(7) Puget sound action agenda; action agenda.--The term
`Puget Sound Action Agenda' or `Action Agenda' means the most
recent plan developed by the Puget Sound National Estuary Program
Management Conference, in consultation with the Puget Sound Tribal
Management Conference, and approved by the Administrator as the
comprehensive conservation and management plan for the Puget Sound
under section 320.
``(8) Puget sound federal leadership task force.--The term
`Puget Sound Federal Leadership Task Force' means the Puget Sound
Federal Leadership Task Force established under subsection (c).
``(9) Puget sound federal task force.--The term `Puget Sound
Federal Task Force' means the Puget Sound Federal Task Force
established in 2016 under a memorandum of understanding among 9
Federal agencies.
``(10) Puget sound national estuary program management
conference.--The term `Puget Sound National Estuary Program
Management Conference' means the management conference for the
Puget Sound convened pursuant to section 320.
``(11) Puget sound partnership.--The term `Puget Sound
Partnership' means the State agency created under the laws of the
State of Washington (section 90.71.210 of the Revised Code of
Washington), or its successor agency that has been designated by
the Administrator as the lead entity to support the Puget Sound
National Estuary Program Management Conference.
``(12) Puget sound region.--
``(A) In general.--The term `Puget Sound region' means the
land and waters in the northwest corner of the State of
Washington from the Canadian border to the north to the Pacific
Ocean on the west, including Hood Canal and the Strait of Juan
de Fuca.
``(B) Inclusion.--The term `Puget Sound region' includes
all watersheds that drain into the Puget Sound.
``(13) Puget sound tribal management conference.--The term
`Puget Sound Tribal Management Conference' means the 20 treaty
Indian tribes of western Washington and the Northwest Indian
Fisheries Commission.
``(14) Salish sea.--The term `Salish Sea' means the network of
coastal waterways on the west coast of North America that includes
the Puget Sound, the Strait of Georgia, and the Strait of Juan de
Fuca.
``(15) Salmon recovery plans.--The term `Salmon Recovery Plans'
means the recovery plans for salmon and steelhead species approved
by the Secretary of the Interior under section 4(f) of the
Endangered Species Act of 1973 that are applicable to the Puget
Sound region.
``(16) State advisory committee.--The term `State Advisory
Committee' means the advisory committee established by subsection
(d).
``(17) Treaty rights at risk initiative.--The term `Treaty
Rights at Risk Initiative' means the report from the treaty Indian
tribes of western Washington entitled `Treaty Rights At Risk:
Ongoing Habitat Loss, the Decline of the Salmon Resource, and
Recommendations for Change' and dated July 14, 2011, or its
successor report that outlines issues and offers solutions for the
protection of Tribal treaty rights, recovery of salmon habitat, and
management of sustainable treaty and nontreaty salmon fisheries,
including through Tribal salmon hatchery programs.
``(b) Puget Sound Recovery National Program Office.--
``(1) Establishment.--There is established in the Environmental
Protection Agency a Puget Sound Recovery National Program Office,
to be located in the State of Washington.
``(2) Director.--
``(A) In general.--There shall be a Director of the Program
Office, who shall have leadership and project management
experience and shall be highly qualified to--
``(i) direct the integration of multiple project
planning efforts and programs from different agencies and
jurisdictions; and
``(ii) align numerous, and possibly competing,
priorities to accomplish visible and measurable outcomes
under the Action Agenda.
``(B) Position.--The position of Director of the Program
Office shall be a career reserved position, as such term is
defined in section 3132 of title 5, United States Code.
``(3) Delegation of authority; staffing.--Using amounts made
available to carry out this section, the Administrator shall
delegate to the Director such authority and provide such staff as
may be necessary to carry out this section.
``(4) Duties.--The Director shall--
``(A) coordinate and manage the timely execution of the
requirements of this section, including the formation and
meetings of the Puget Sound Federal Leadership Task Force;
``(B) coordinate activities related to the restoration and
protection of the Puget Sound across the Environmental
Protection Agency;
``(C) coordinate and align the activities of the
Administrator with the Action Agenda, Salmon Recovery Plans,
the Treaty Rights at Risk Initiative, and the Coastal Nonpoint
Pollution Control Program;
``(D) promote the efficient use of Environmental Protection
Agency resources in pursuit of the restoration and protection
of the Puget Sound;
``(E) serve on the Puget Sound Federal Leadership Task
Force and collaborate with, help coordinate, and implement
activities with other Federal agencies that have
responsibilities involving the restoration and protection of
the Puget Sound;
``(F) provide or procure such other advice, technical
assistance, research, assessments, monitoring, or other support
as is determined by the Director to be necessary or prudent to
most efficiently and effectively fulfill the objectives and
priorities of the Action Agenda, the Salmon Recovery Plans, the
Treaty Rights at Risk Initiative, and the Coastal Nonpoint
Pollution Control Program, consistent with the best available
science, to ensure the health of the Puget Sound ecosystem;
``(G) track the progress of the Environmental Protection
Agency toward meeting the agency's specified objectives and
priorities within the Action Agenda and the Federal Action
Plan;
``(H) implement the recommendations of the Comptroller
General set forth in the report entitled `Puget Sound
Restoration: Additional Actions Could Improve Assessments of
Progress' and dated July 19, 2018;
``(I) serve as liaison and coordinate activities for the
restoration and protection of the Salish Sea with Canadian
authorities, the Pacific Salmon Commission, and the
International Joint Commission; and
``(J) carry out such additional duties as the Director
determines necessary and appropriate.
``(c) Puget Sound Federal Leadership Task Force.--
``(1) Establishment.--There is established a Puget Sound
Federal Leadership Task Force.
``(2) Membership.--
``(A) Composition.--The Puget Sound Federal Leadership Task
Force shall be composed of the following members:
``(i) The following individuals appointed by the
Secretary of Agriculture:
``(I) A representative of the National Forest
Service.
``(II) A representative of the Natural Resources
Conservation Service.
``(ii) A representative of the National Oceanic and
Atmospheric Administration appointed by the Secretary of
Commerce.
``(iii) The following individuals appointed by the
Secretary of Defense:
``(I) A representative of the Corps of Engineers.
``(II) A representative of the Joint Base Lewis-
McChord.
``(III) A representative of the Commander, Navy
Region Northwest.
``(iv) The Director of the Program Office.
``(v) The following individuals appointed by the
Secretary of Homeland Security:
``(I) A representative of the Coast Guard.
``(II) A representative of the Federal Emergency
Management Agency.
``(vi) The following individuals appointed by the
Secretary of the Interior:
``(I) A representative of the Bureau of Indian
Affairs.
``(II) A representative of the United States Fish
and Wildlife Service.
``(III) A representative of the United States
Geological Survey.
``(IV) A representative of the National Park
Service.
``(vii) The following individuals appointed by the
Secretary of Transportation:
``(I) A representative of the Federal Highway
Administration.
``(II) A representative of the Federal Transit
Administration.
``(viii) Representatives of such other Federal
agencies, programs, and initiatives as the other members of
the Puget Sound Federal Leadership Task Force determines
necessary.
``(B) Qualifications.--Members appointed under this
paragraph shall have experience and expertise in matters of
restoration and protection of large watersheds and bodies of
water, or related experience that will benefit the restoration
and protection of the Puget Sound.
``(C) Co-chairs.--
``(i) In general.--The following members of the Puget
Sound Federal Leadership Task Force shall serve as Co-
Chairs of the Puget Sound Federal Leadership Task Force:
``(I) The representative of the National Oceanic
and Atmospheric Administration.
``(II) The Director of the Program Office.
``(III) The representative of the Corps of
Engineers.
``(ii) Leadership.--The Co-Chairs shall ensure the
Puget Sound Federal Leadership Task Force completes its
duties through robust discussion of all relevant issues.
The Co-Chairs shall share leadership responsibilities
equally.
``(3) Duties.--
``(A) General duties.--The Puget Sound Federal Leadership
Task Force shall--
``(i) uphold Federal trust responsibilities to restore
and protect resources crucial to Tribal treaty rights,
including by carrying out government-to-government
consultation with Indian tribes when requested by such
tribes;
``(ii) provide a venue for dialogue and coordination
across all Federal agencies represented by a member of the
Puget Sound Federal Leadership Task Force to align Federal
resources for the purposes of carrying out the requirements
of this section and all other Federal laws that contribute
to the restoration and protection of the Puget Sound,
including by--
``(I) enabling and encouraging such agencies to act
consistently with the objectives and priorities of the
Action Agenda, the Salmon Recovery Plans, the Treaty
Rights at Risk Initiative, and the Coastal Nonpoint
Pollution Control Program;
``(II) facilitating the coordination of Federal
activities that impact such restoration and protection;
``(III) facilitating the delivery of feedback given
by such agencies to the Puget Sound Partnership during
the development of the Action Agenda;
``(IV) facilitating the resolution of interagency
conflicts associated with such restoration and
protection among such agencies;
``(V) providing a forum for exchanging information
among such agencies regarding activities being
conducted, including obstacles or efficiencies found,
during restoration and protection activities; and
``(VI) promoting the efficient use of government
resources in pursuit of such restoration and protection
through coordination and collaboration, including by
ensuring that the Federal efforts relating to the
science necessary for such restoration and protection
are consistent, and not duplicative, across the Federal
Government;
``(iii) catalyze public leaders at all levels to work
together toward shared goals by demonstrating interagency
best practices coming from such agencies;
``(iv) provide advice and support on scientific and
technical issues and act as a forum for the exchange of
scientific information about the Puget Sound;
``(v) identify and inventory Federal environmental
research and monitoring programs related to the Puget
Sound, and provide such inventory to the Puget Sound
National Estuary Program Management Conference;
``(vi) ensure that Puget Sound restoration and
protection activities are as consistent as practicable with
ongoing restoration and protection and related efforts in
the Salish Sea that are being conducted by Canadian
authorities, the Pacific Salmon Commission, and the
International Joint Commission;
``(vii) ensure that Puget Sound restoration and
protection activities are consistent with national security
interests;
``(viii) establish any working groups or committees
necessary to assist the Puget Sound Federal Leadership Task
Force in its duties, including relating to public policy
and scientific issues; and
``(ix) raise national awareness of the significance of
the Puget Sound.
``(B) Puget sound federal action plan.--
``(i) In general.--Not later than 5 years after the
date of enactment of this section, the Puget Sound Federal
Leadership Task Force shall develop and approve a Federal
Action Plan that leverages Federal programs across agencies
and serves to coordinate diverse programs and priorities
for the restoration and protection of the Puget Sound.
``(ii) Revision of puget sound federal action plan.--
Not less often than once every 5 years after the date of
approval of the Federal Action Plan under clause (i), the
Puget Sound Federal Leadership Task Force shall review, and
revise as appropriate, the Federal Action Plan.
``(C) Feedback by federal agencies.--In facilitating
feedback under subparagraph (A)(ii)(III), the Puget Sound
Federal Leadership Task Force shall request Federal agencies to
consider, at a minimum, possible Federal actions within the
Puget Sound region designed to--
``(i) further the goals, targets, and actions of the
Action Agenda, the Salmon Recovery Plans, the Treaty Rights
at Risk Initiative, and the Coastal Nonpoint Pollution
Control Program;
``(ii) as applicable, implement and enforce this Act,
the Endangered Species Act of 1973, and all other Federal
laws that contribute to the restoration and protection of
the Puget Sound, including those that protect Tribal treaty
rights;
``(iii) prevent the introduction and spread of invasive
species;
``(iv) protect marine and wildlife habitats;
``(v) protect, restore, and conserve forests, wetlands,
riparian zones, and nearshore waters;
``(vi) promote resilience to climate change and ocean
acidification effects;
``(vii) restore fisheries so that they are sustainable
and productive;
``(viii) preserve biodiversity;
``(ix) restore and protect ecosystem services that
provide clean water, filter toxic chemicals, and increase
ecosystem resilience; and
``(x) improve water quality, including by preventing
and managing stormwater runoff, incorporating erosion
control techniques and trash capture devices, using
sustainable stormwater practices, and mitigating and
minimizing nonpoint source pollution, including marine
litter.
``(4) Participation of state advisory committee and puget sound
tribal management conference.--The Puget Sound Federal Leadership
Task Force shall carry out its duties with input from, and in
collaboration with, the State Advisory Committee and the Puget
Sound Tribal Management Conference, including by seeking advice and
recommendations on the actions, progress, and issues pertaining to
the restoration and protection of the Puget Sound.
``(5) Meetings.--
``(A) Initial meeting.--The Puget Sound Federal Leadership
Task Force shall meet not later than 180 days after the date of
enactment of this section--
``(i) to determine if all Federal agencies are properly
represented;
``(ii) to establish the bylaws of the Puget Sound
Federal Leadership Task Force;
``(iii) to establish necessary working groups or
committees; and
``(iv) to determine subsequent meeting times, dates,
and logistics.
``(B) Subsequent meetings.--After the initial meeting, the
Puget Sound Federal Leadership Task Force shall meet, at a
minimum, twice per year to carry out the duties of the Puget
Sound Federal Leadership Task Force.
``(C) Working group meetings.--A meeting of any established
working group or committee of the Puget Sound Federal
Leadership Task Force shall not be considered a biannual
meeting for purposes of subparagraph (B).
``(D) Joint meetings.--The Puget Sound Federal Leadership
Task Force--
``(i) shall offer to meet jointly with the Puget Sound
National Estuary Program Management Conference and the
Puget Sound Tribal Management Conference, at a minimum,
once per year; and
``(ii) may consider such a joint meeting to be a
biannual meeting of the Puget Sound Federal Leadership Task
Force for purposes of subparagraph (B).
``(E) Quorum.--A simple majority of the members of the
Puget Sound Federal Leadership Task Force shall constitute a
quorum.
``(F) Voting.--For the Puget Sound Federal Leadership Task
Force to take an official action, a quorum shall be present,
and at least a two-thirds majority of the members present shall
vote in the affirmative.
``(6) Puget sound federal leadership task force procedures and
advice.--
``(A) Advisors.--The Puget Sound Federal Leadership Task
Force may seek advice and input from any interested,
knowledgeable, or affected party as the Puget Sound Federal
Leadership Task Force determines necessary to perform its
duties.
``(B) Compensation.--A member of the Puget Sound Federal
Leadership Task Force shall receive no additional compensation
for service as a member on the Puget Sound Federal Leadership
Task Force.
``(C) Travel expenses.--Travel expenses incurred by a
member of the Puget Sound Federal Leadership Task Force in the
performance of service on the Puget Sound Federal Leadership
Task Force may be paid by the agency that the member
represents.
``(7) Puget sound federal task force.--
``(A) In general.--On the date of enactment of this
section, the 2016 memorandum of understanding establishing the
Puget Sound Federal Task Force shall cease to be effective.
``(B) Use of previous work.--The Puget Sound Federal
Leadership Task Force shall, to the extent practicable, use the
work product produced, relied upon, and analyzed by the Puget
Sound Federal Task Force in order to avoid duplicating the
efforts of the Puget Sound Federal Task Force.
``(d) State Advisory Committee.--
``(1) Establishment.--There is established a State Advisory
Committee.
``(2) Membership.--The State Advisory Committee shall consist
of up to seven members designated by the governing body of the
Puget Sound Partnership, in consultation with the Governor of
Washington, who will represent Washington State agencies that have
significant roles and responsibilities related to the restoration
and protection of the Puget Sound.
``(e) Puget Sound Federal Leadership Task Force Biennial Report on
Puget Sound Restoration and Protection Activities.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, and biennially thereafter, the Puget
Sound Federal Leadership Task Force, in collaboration with the
Puget Sound Tribal Management Conference and the State Advisory
Committee, shall submit to the President, Congress, the Governor of
Washington, and the governing body of the Puget Sound Partnership a
report that summarizes the progress, challenges, and milestones of
the Puget Sound Federal Leadership Task Force relating to the
restoration and protection of the Puget Sound.
``(2) Contents.--The report submitted under paragraph (1) shall
include a description of the following:
``(A) The roles and progress of each State, local
government entity, and Federal agency that has jurisdiction in
the Puget Sound region relating to meeting the identified
objectives and priorities of the Action Agenda, the Salmon
Recovery Plans, the Treaty Rights at Risk Initiative, and the
Coastal Nonpoint Pollution Control Program.
``(B) If available, the roles and progress of Tribal
governments that have jurisdiction in the Puget Sound region
relating to meeting the identified objectives and priorities of
the Action Agenda, the Salmon Recovery Plans, the Treaty Rights
at Risk Initiative, and the Coastal Nonpoint Pollution Control
Program.
``(C) A summary of specific recommendations concerning
implementation of the Action Agenda and the Federal Action
Plan, including challenges, barriers, and anticipated
milestones, targets, and timelines.
``(D) A summary of progress made by Federal agencies toward
the priorities identified in the Federal Action Plan.
``(f) Tribal Rights and Consultation.--
``(1) Preservation of tribal treaty rights.--Nothing in this
section affects, or is intended to affect, any right reserved by
treaty between the United States and one or more Indian tribes.
``(2) Consultation.--Nothing in this section affects any
authorization or obligation of a Federal agency to consult with an
Indian tribe under any other provision of law.
``(g) Consistency.--
``(1) In general.--Actions authorized or implemented under this
section shall be consistent with--
``(A) the Salmon Recovery Plans;
``(B) the Coastal Nonpoint Pollution Control Program; and
``(C) the water quality standards of the State of
Washington approved by the Administrator under section 303.
``(2) Federal actions.--All Federal agencies represented on the
Puget Sound Federal Leadership Task Force shall act consistently
with the protection of Tribal, treaty-reserved rights and, to the
greatest extent practicable given such agencies' existing
obligations under Federal law, act consistently with the objectives
and priorities of the Action Agenda, the Salmon Recovery Plans, the
Treaty Rights at Risk Initiative, and the Coastal Nonpoint
Pollution Control Program, when--
``(A) conducting Federal agency activities within or
outside the Puget Sound that affect any land or water use or
natural resources of the Puget Sound region, including
activities performed by a contractor for the benefit of a
Federal agency;
``(B) interpreting and enforcing regulations that impact
the restoration and protection of the Puget Sound;
``(C) issuing Federal licenses or permits that impact the
restoration and protection of the Puget Sound; and
``(D) granting Federal assistance to State, local, and
Tribal governments for activities related to the restoration
and protection of the Puget Sound.''.
(c) Lake Pontchartrain Basin Restoration Program.--
(1) Review of comprehensive management plan.--Section 121 of
the Federal Water Pollution Control Act (33 U.S.C. 1273) is
amended--
(A) in subsection (c)--
(i) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(ii) in paragraph (6), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(7) ensure that the comprehensive conservation and management
plan approved for the Basin under section 320 is reviewed and
revised in accordance with section 320 not less often than once
every 5 years, beginning on the date of enactment of this
paragraph.''; and
(B) in subsection (d), by striking ``recommended by a
management conference convened for the Basin under section
320'' and inserting ``identified in the comprehensive
conservation and management plan approved for the Basin under
section 320''.
(2) Definitions.--Section 121(e)(1) of the Federal Water
Pollution Control Act (33 U.S.C. 1273(e)(1)) is amended by striking
``, a 5,000 square mile'' and inserting ``, a 10,000 square mile''.
(3) Administrative costs.--Section 121(f) of the Federal Water
Pollution Control Act (33 U.S.C. 1273(f)) is amended by adding at
the end the following:
``(3) Administrative expenses.--Not more than 5 percent of the
amounts appropriated to carry out this section may be used for
administrative expenses.''.
SEC. 8502. NONPOINT SOURCE MANAGEMENT PROGRAMS.
Section 319(j) of the Federal Water Pollution Control Act (33
U.S.C. 1329(j)) is amended by striking ``subsections (h) and (i) not to
exceed'' and all that follows through ``fiscal year 1991'' and
inserting ``subsections (h) and (i) $200,000,000 for each of fiscal
years 2023 through 2027''.
SEC. 8503. WASTEWATER ASSISTANCE TO COLONIAS.
Section 307 of the Safe Drinking Water Act Amendments of 1996 (33
U.S.C. 1281 note) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Covered entity.--The term `covered entity' means each of
the following:
``(A) A border State.
``(B) A local government with jurisdiction over an eligible
community.'';
(2) in subsection (b), by striking ``border State'' and
inserting ``covered entity'';
(3) in subsection (d), by striking ``shall not exceed 50
percent'' and inserting ``may not be less than 80 percent''; and
(4) in subsection (e)--
(A) by striking ``$25,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``1997 through 1999'' and inserting ``2023
through 2027''.
DIVISION I--DEPARTMENT OF STATE AUTHORIZATIONS
SEC. 9001. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act of 2022''.
SEC. 9002. DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator'' means the
Administrator of USAID.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(3) Department.--Unless otherwise specified, the term
``Department'' means the Department of State.
(4) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of State.
(5) USAID.--The term ``USAID'' means the United States Agency
for International Development.
TITLE XCI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 9101. MODERNIZING THE BUREAU OF ARMS CONTROL, VERIFICATION, AND
COMPLIANCE AND THE BUREAU OF INTERNATIONAL SECURITY AND
NONPROLIFERATION.
It is the sense of Congress that--
(1) the Secretary should take steps to address staffing
shortfalls in the chemical, biological, and nuclear weapons issue
areas in the Bureau of Arms Control, Verification and Compliance
and in the Bureau of International Security and Nonproliferation;
(2) maintaining a fully staffed and resourced Bureau of Arms
Control, Verification and Compliance and Bureau of International
Security and Nonproliferation is necessary to effectively confront
the threat of increased global proliferation; and
(3) the Secretary, acting through the Bureau of Arms Control,
Verification and Compliance and the Bureau of International
Security and Nonproliferation, should increase efforts and dedicate
resources to combat the dangers posed by the People's Republic of
China's conventional and nuclear build-up, the Russian Federation's
tactical nuclear weapons and new types of nuclear weapons,
bioweapons proliferation, dual use of life sciences research, and
chemical weapons.
SEC. 9102. NOTIFICATION TO CONGRESS FOR UNITED STATES NATIONALS
UNLAWFULLY OR WRONGFULLY DETAINED ABROAD.
Section 302 of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741) is amended--
(1) in subsection (a), in the matter preceding paragraph (1),
by inserting ``, as expeditiously as possible,'' after ``review'';
and
(2) by amending subsection (b) to read as follows:
``(b) Referrals to Special Envoy; Notification to Congress.--
``(1) In general.--Upon a determination by the Secretary of
State, based on the totality of the circumstances, that there is
credible information that the detention of a United States national
abroad is unlawful or wrongful, and regardless of whether the
detention is by a foreign government or a nongovernmental actor,
the Secretary shall--
``(A) expeditiously transfer responsibility for such case
from the Bureau of Consular Affairs of the Department of State
to the Special Presidential Envoy for Hostage Affairs; and
``(B) not later than 14 days after such determination,
notify the Committee on Foreign Relations of the Senate, the
Select Committee on Intelligence of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House of
Representatives of such determination and provide such
committees with a summary of the facts that led to such
determination.
``(2) Form.--The notification described in paragraph (1)(B) may
be classified, if necessary.''.
SEC. 9103. FAMILY ENGAGEMENT COORDINATOR.
Section 303 of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741a) is amended by adding at the
end the following:
``(d) Family Engagement Coordinator.--There shall be, in the Office
of the Special Presidential Envoy for Hostage Affairs, a Family
Engagement Coordinator, who shall ensure--
``(1) for a United States national unlawfully or wrongfully
detained abroad, that--
``(A) any interaction by executive branch officials with
any family member of such United States national occurs in a
coordinated fashion;
``(B) such family member receives consistent and accurate
information from the United States Government; and
``(C) appropriate coordination with the Family Engagement
Coordinator described in section 304(c)(2); and
``(2) for a United States national held hostage abroad, that
any engagement with a family member is coordinated with, consistent
with, and not duplicative of the efforts of the Family Engagement
Coordinator described in section 304(c)(2).''.
SEC. 9104. REWARDS FOR JUSTICE.
Section 36(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708(b)) is amended--
(1) in paragraph (4), by striking ``or (10);'' and inserting
``(10), or (14);'';
(2) in paragraph (12), by striking ``or'' at the end;
(3) in paragraph (13), by striking the period at the end and
inserting ``; or''; and
(4) by adding at the end the following:
``(14) the prevention, frustration, or resolution of the
hostage taking of a United States person, the identification,
location, arrest, or conviction of a person responsible for the
hostage taking of a United States person, or the location of a
United States person who has been taken hostage, in any country.''.
SEC. 9105. ENSURING GEOGRAPHIC DIVERSITY AND ACCESSIBILITY OF PASSPORT
AGENCIES.
(a) Sense of Congress.--It is the sense of Congress that Department
initiatives to expand passport services and accessibility, including
through online modernization projects, should include the construction
of new physical passport agencies.
(b) Review.--The Secretary shall conduct a review of the geographic
diversity and accessibility of existing passport agencies to identify--
(1) the geographic areas in the continental United States that
are farther than 6 hours' driving distance from the nearest
passport agency;
(2) the per capita demand for passport services in the areas
described in paragraph (1); and
(3) a plan to ensure that in-person services at physical
passport agencies are accessible to all eligible Americans,
including Americans living in large population centers, in rural
areas, and in States with a high per capita demand for passport
services.
(c) Considerations.--The Secretary shall consider the metrics
identified in paragraphs (1) and (2) of subsection (b) when determining
locations for the establishment of new physical passport agencies.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
Committee on Foreign Relations of the Senate, the Committee on
Appropriations of the Senate, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Appropriations of the
House of Representatives that contains the findings of the review
conducted pursuant to subsection (b).
SEC. 9106. CULTURAL ANTIQUITIES TASK FORCE.
The Secretary is authorized to use up to $1,200,000 for grants to
carry out the activities of the Cultural Antiquities Task Force.
SEC. 9107. OFFICE OF SANCTIONS COORDINATION.
(a) Extension of Authorities.--Section 1 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended, in
paragraph (4)(B) of subsection (l), as redesignated by section
9502(a)(2) of this Act, by striking ``the date that is two years after
the date of the enactment of this subsection'' and inserting ``December
31, 2024''.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Treasury, or the
Secretary's designee, shall brief the appropriate congressional
committees with respect to the steps that the Office of Sanctions
Coordination has taken to coordinate its activities with the Department
of the Treasury and humanitarian aid programs, in an effort to help
ensure appropriate flows of humanitarian assistance and goods to
countries subject to United States sanctions.
SEC. 9108. SENSE OF CONGRESS AND STRATEGIC PLAN REGARDING THE
DEPARTMENT OF STATE'S UNIT FOR SUBNATIONAL DIPLOMACY.
(a) Definitions.--In this section:
(1) Municipal.--The term ``municipal'' means the government of
a city in the United States with a population of not fewer than
100,000 people.
(2) State.--The term ``State'' means the 50 States of the
United States, the District of Columbia, and any territory or
possession of the United States.
(3) Subnational engagement.--The term ``subnational
engagement'' means formal meetings or events between elected
officials of a State or municipal government and their foreign
counterparts.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the growth of subnational cooperation has enabled States
and municipalities to play an increasingly significant role in
foreign policy and complement the efforts of the Department;
(2) the Department's recently established Unit for Subnational
Diplomacy will play a critical role in leveraging the Department's
resources to support State and municipal governments in conducting
subnational engagement and increasing cooperation with foreign
allies and partners; and
(3) in facilitating such subnational engagements, the
Department should engage with a broad array of United States cities
without regard to their population size or location;
(c) Strategic Plan.--The Special Representative for Subnational
Diplomacy shall submit a strategic plan to the appropriate
congressional committees for the operations of the Unit for Subnational
Diplomacy, including the Department's plans for--
(1) supporting subnational engagements involving policymakers
from urban and rural areas to improve United States foreign policy
effectiveness;
(2) enhancing the awareness, understanding, and involvement of
United States citizens, including citizens residing in urban and
rural areas, in the foreign policy process;
(3) countering subnational diplomacy efforts from adversarial
nations;
(4) strengthening engagement with foreign subnational
governments; and
(5) any other operations that the Secretary determines to be
relevant.
(d) Rule of Construction.--Nothing in this subsection may be
construed to preclude--
(1) the Unit for Subnational Diplomacy Office from being
elevated to a bureau within the Department; or
(2) the Special Representative for Subnational Diplomacy from
being elevated to an Assistant Secretary if the addition of such
Assistant Secretary position does not increase the number of
Assistant Secretary positions at the Department above the number of
such positions authorized under section 1(c)(1) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)).
TITLE XCII--PERSONNEL ISSUES
SEC. 9201. DEPARTMENT OF STATE PAID STUDENT INTERNSHIP PROGRAM.
(a) In General.--The Secretary shall establish the Department of
State Student Internship Program (referred to in this section as the
``Program'') to offer internship opportunities at the Department to
eligible students to raise awareness of the essential role of diplomacy
in the conduct of United States foreign policy and the realization of
United States foreign policy objectives.
(b) Eligibility.--
(1) In general.--An applicant is eligible to participate in the
Program if the applicant is enrolled at--
(A) an institution of higher education (as such term is
defined in section 102(a) of the Higher Education Act of 1965
(20 U.S.C. 1002(a))); or
(B) an institution of higher education based outside the
United States, as determined by the Secretary of State.
(2) Additional eligibility criteria.--An applicant in the
Program should be--
(A) enrolled at least half-time in an institution described
in paragraph (1); and
(B) eligible to receive and hold an appropriate security
clearance.
(c) Selection.--The Secretary shall establish selection criteria
for students to be admitted into the Program that includes a
demonstrated interest in a career in foreign affairs.
(d) Outreach.--The Secretary shall--
(1) widely advertise the Program, including--
(A) on the internet;
(B) through the Department's Diplomats in Residence
program; and
(C) through other outreach and recruiting initiatives
targeting undergraduate and graduate students; and
(2) conduct targeted outreach to encourage participation in the
Program from--
(A) individuals belonging to an underrepresented group; and
(B) students enrolled at minority-serving institutions
(which shall include any institution listed in section 371(a)
of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(e) Compensation.--
(1) Housing assistance.--
(A) Abroad.--The Secretary shall provide housing assistance
to any student participating in the Program whose permanent
address is within the United States if the location of the
internship in which such student is participating is outside of
the United States.
(B) Domestic.--The Secretary may provide housing assistance
to a student participating in the Program whose permanent
address is within the United States if the location of the
internship in which such student is participating is more than
50 miles away from such student's permanent address.
(2) Travel assistance.--The Secretary shall provide a student
participating in the Program whose permanent address is within the
United States with financial assistance that is sufficient to cover
the travel costs of a single round trip by air, train, bus, or
other appropriate transportation between the student's permanent
address and the location of the internship in which such student is
participating if such location is--
(A) more than 50 miles from the student's permanent
address; or
(B) outside of the United States.
(f) Working With Institutions of Higher Education.--The Secretary,
to the maximum extent practicable, shall structure internships to
ensure that such internships satisfy criteria for academic credit at
the institutions of higher education in which participants in such
internships are enrolled.
(g) Transition Period.--
(1) In general.--Except as provided in paragraphs (2) and (3),
beginning not later than 2 years after the date of the enactment of
this Act--
(A) the Secretary shall convert unpaid internship programs
of the Department, including the Foreign Service Internship
Program, to internship programs that offer compensation; and
(B) upon selection as a candidate for entry into an
internship program of the Department, a participant in such
internship program may refuse compensation, including if doing
so allows such participant to receive college or university
curricular credit.
(2) Exception.--The transition required under paragraph (1)
shall not apply to unpaid internship programs of the Department
that are part of the Virtual Student Federal Service internship
program.
(3) Waiver.--
(A) In general.--The Secretary may waive the requirement
under paragraph (1)(A) with respect to a particular unpaid
internship program if the Secretary, not later than 30 days
after making a determination that the conversion of such
internship program to a compensated internship program would
not be consistent with effective management goals, submits a
report explaining such determination to--
(i) the appropriate congressional committees;
(ii) the Committee on Appropriations of the Senate; and
(iii) the Committee on Appropriations of the House of
Representatives.
(B) Report.--The report required under subparagraph (A)
shall--
(i) describe the reasons why converting an unpaid
internship program of the Department to an internship
program that offers compensation would not be consistent
with effective management goals; and
(ii)(I) provide justification for maintaining such
unpaid status indefinitely; or
(II) identify any additional authorities or resources
that would be necessary to convert such unpaid internship
program to offer compensation in the future.
(h) Reports.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit a report to the
committees referred to in subsection (g)(3)(A) that includes--
(1) data, to the extent the collection of such information is
permissible by law, regarding the number of students who applied to
the Program, were offered a position, and participated,
respectively, disaggregated by race, ethnicity, sex, institution of
higher education, home State, State where each student graduated
from high school, and disability status;
(2) data regarding the number of security clearance
investigations initiated for the students described in paragraph
(1), including the timeline for such investigations, whether such
investigations were completed, and when an interim security
clearance was granted;
(3) information on Program expenditures;
(4) information regarding the Department's compliance with
subsection (g); and
(5) the number of internship participants subsequently employed
by the Department, if any, following their participation in the
Program.
(i) Voluntary Participation.--
(1) In general.--Nothing in this section may be construed to
compel any student who is a participant in an internship program of
the Department to participate in the collection of the data or
divulge any personal information. Such students shall be informed
that their participation in the data collection under this section
is voluntary.
(2) Privacy protection.--Any data collected under this section
shall be subject to the relevant privacy protection statutes and
regulations applicable to Federal employees.
(j) Special Hiring Authority.--Notwithstanding any other provision
of law, the Secretary, in consultation with the Director of the Office
of Personnel Management, with respect to the number of interns to be
hired each year, may--
(1) select, appoint, and employ individuals for up to 1 year
through compensated internships in the excepted service; and
(2) remove any compensated intern employed pursuant to
paragraph (1) without regard to the provisions of law governing
appointments in the excepted service.
SEC. 9202. IMPROVEMENTS TO THE PREVENTION OF, AND THE RESPONSE TO,
HARASSMENT, DISCRIMINATION, SEXUAL ASSAULT, AND RELATED RETALIATION.
(a) Policies.--The Secretary should develop and strengthen policies
regarding harassment, discrimination, sexual assault, and related
retaliation, including policies for--
(1) addressing, reporting, and providing transitioning support;
(2) advocacy, service referrals, and travel accommodations; and
(3) disciplining personnel that violate Department policies
regarding harassment, discrimination, sexual assault, or related
retaliation.
(b) Disciplinary Action.--
(1) Separation for cause.--Section 610(a)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 4010(a)(1)), is amended--
(A) by striking ``decide to''; and
(B) by inserting ``, including upon receiving notification
from the Bureau of Diplomatic Security that such member has
engaged in criminal misconduct, such as murder, rape, or other
sexual assault'' before the period at the end.
(2) Update to manual.--The Director of Global Talent Management
shall--
(A) update the ``Grounds for Disciplinary Action'' and
``List of Disciplinary Offenses and Penalties'' sections of the
Foreign Affairs Manual to reflect the amendments made under
paragraph (1); and
(B) communicate such updates to Department staff through
publication in Department Notices.
(c) Sexual Assault Prevention and Response Victim Advocates.--The
Secretary shall ensure that the Diplomatic Security Service's Victims'
Resource Advocacy Program--
(1) is appropriately staffed by advocates who are physically
present at--
(A) the headquarters of the Department; and
(B) major domestic and international facilities and
embassies, as determined by the Secretary;
(2) considers the logistics that are necessary to allow for the
expedient travel of victims from Department facilities that do not
have advocates; and
(3) uses funds available to the Department to provide emergency
food, shelter, clothing, and transportation for victims involved in
matters being investigated by the Diplomatic Security Service.
SEC. 9203. INCREASING THE MAXIMUM AMOUNT AUTHORIZED FOR SCIENCE AND
TECHNOLOGY FELLOWSHIP GRANTS AND COOPERATIVE AGREEMENTS.
Section 504(e)(3) of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656d(e)(3)) is amended by striking
``$500,000'' and inserting ``$2,000,000''.
SEC. 9204. ADDITIONAL PERSONNEL TO ADDRESS BACKLOGS IN HIRING AND
INVESTIGATIONS.
(a) In General.--The Secretary shall seek to increase the number of
personnel within the Bureau of Global Talent Management and the Office
of Civil Rights to address backlogs in hiring and investigations into
complaints conducted by the Office of Civil Rights.
(b) Employment Targets.--The Secretary shall seek to employ--
(1) not fewer than 15 additional personnel in the Bureau of
Global Talent Management and the Office of Civil Rights (compared
to the number of personnel so employed as of the day before the
date of the enactment of this Act) by the date that is 180 days
after such date of enactment; and
(2) not fewer than 15 additional personnel in such Bureau and
Office (compared to the number of personnel so employed as of the
day before the date of the enactment of this Act) by the date that
is 1 year after such date of enactment.
SEC. 9205. FOREIGN AFFAIRS TRAINING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress has recognized, including in division E of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81), that the Department is a crucial national security agency,
whose employees, both Foreign Service and Civil Service, require
the best possible training and professional development at every
stage of their careers to prepare them to promote and defend United
States national interests and the health and safety of United
States citizens abroad; and
(2) the new and evolving challenges of national security in the
21st century necessitate the expansion of standardized training and
professional development opportunities linked to equal,
accountable, and transparent promotion and leadership practices for
Department and other national security agency personnel.
(b) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(c) Training and Professional Development Prioritization.--Section
5108(c) of division E of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is amended to read as follows:
``(c) Training and Professional Development Prioritization.--In
order to provide the Civil Service and the Foreign Service with the
level of professional development and training needed to effectively
advance United States interests across the world, the Secretary of
State shall--
``(1) increase relevant offerings provided by the Department of
State--
``(A) of interactive virtual instruction to make training
and professional development more accessible and useful to
personnel deployed throughout the world; or
``(B) at partner organizations, including universities,
industry entities, and nongovernmental organizations,
throughout the United States to provide useful outside
perspectives to Department of State personnel by providing such
personnel--
``(i) a more comprehensive outlook on different sectors
of United States society;
``(ii) practical experience dealing with commercial
corporations, universities, labor unions, and other
institutions critical to United States diplomatic success;
and
``(iii) courses specifically focused on commercial
diplomacy that increase the understanding of private sector
needs that arise as United States companies enter and
compete in the international market;
``(2) provide the opportunity to participate in courses using
computer-based or computer-assisted simulations, allowing civilian
officers to lead decision making in a crisis environment, and
encourage officers of the Department of State, and reciprocally,
officers of other Federal departments to participate in similar
exercises held by the Department of State or other government
organizations and the private sector;
``(3) increase the duration and expand the focus of certain
training and professional development courses, including by
extending--
``(A) the A-100 entry-level course to as long as 12 weeks,
which better matches the length of entry-level training and
professional development provided to the officers in other
national security departments and agencies; and
``(B) the Chief of Mission course to as long as 6 weeks for
first time Chiefs of Mission and creating comparable courses
for new Assistant Secretaries and Deputy Assistant Secretaries
to more accurately reflect the significant responsibilities
accompanying such roles; and
``(4) ensure that Foreign Service officers who are assigned to
a country experiencing significant population displacement due to
the impacts of climatic and non-climatic shocks and stresses,
including rising sea levels and lack of access to affordable and
reliable energy and electricity, receive specific instruction on
United States policy with respect to resiliency and adaptation to
such climatic and non-climatic shocks and stresses.''.
(d) Fellowships.--The Director General of the Foreign Service
shall--
(1) expand and establish new fellowship programs for Foreign
Service and Civil Service officers that include short- and long-
term opportunities at organizations, including--
(A) think tanks and nongovernmental organizations;
(B) the Department of Defense and other relevant Federal
agencies;
(C) industry entities, especially such entities related to
technology, global operations, finance, and other fields
directly relevant to international affairs; and
(D) schools of international relations and other relevant
programs at universities throughout the United States; and
(2) not later than 180 days after the date of the enactment of
this Act, submit a report to Congress that describes how the
Department could expand the Pearson Fellows Program for Foreign
Service Officers and the Brookings Fellow Program for Civil
Servants to provide fellows in such programs with the opportunity
to undertake a follow-on assignment within the Department in an
office in which fellows will gain practical knowledge of the people
and processes of Congress, including offices other than the
Legislative Affairs Bureau, including--
(A) an assessment of the current state of congressional
fellowships, including the demand for fellowships, support for
applicants to pursue and perform such fellowships, and the
value the fellowships provide to both the career of the officer
and to the Department; and
(B) an assessment of the options for making congressional
fellowships for both the Foreign Service and the Civil Service
more career-enhancing.
(e) Board of Visitors of the Foreign Service Institute.--
(1) Establishment.--The Secretary is authorized to establish a
Board of Visitors of the Foreign Service Institute (referred to in
this subsection as the ``Board''). It is the sense of Congress that
the Board should be established not later than 1 year after the
date of the enactment of this Act.
(2) Duties.--The Board authorized by this subsection shall be
comprised of 12 members, who shall be appointed by the Secretary
and shall provide the Secretary with independent advice and
recommendations regarding organizational management, strategic
planning, resource management, curriculum development, and other
matters of interest to the Foreign Service Institute, including
regular observations about how well the Department is integrating
training and professional development into the work of the Bureau
for Global Talent Management.
(3) Membership.--
(A) Qualifications.--Members of the Board shall be
appointed from among individuals who--
(i) are not officers or employees of the Federal
Government; and
(ii) are eminent authorities in the fields of
diplomacy, national security, management, leadership,
economics, trade, technology, or advanced international
relations education.
(B) Outside expertise.--
(i) In general.--Not fewer than 6 members of the Board
shall have a minimum of 10 years of relevant expertise
outside the field of diplomacy.
(ii) Prior senior service at the department.--Not more
than 6 members of the Board may be persons who previously
served in the Senior Foreign Service or the Senior
Executive Service at the Department.
(4) Terms.--Each member of the Board shall be appointed for a
term of 3 years, except that of the members first appointed--
(A) 4 members shall be appointed for a term of 3 years;
(B) 4 members shall be appointed for a term of 2 years; and
(C) 4 members shall be appointed for a term of 1 year.
(5) Chairperson; vice chairperson.--
(A) Approval.--The Chairperson and Vice Chairperson of the
Board shall be approved by the Secretary of State based upon a
recommendation from the members of the Board.
(B) Service.--The Chairperson and Vice Chairperson shall
serve at the discretion of the Secretary.
(6) Meetings.--The Board shall meet--
(A) at the call of the Director of the Foreign Service
Institute and the Chairperson; and
(B) not fewer than 2 times per year.
(7) Compensation.--Each member of the Board shall serve without
compensation, except that a member of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their
homes or regular places of business in the performance of service
for the Board. Notwithstanding section 1342 of title 31, United
States Code, the Secretary may accept the voluntary and
uncompensated service of members of the Board.
(8) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the
Board established under this subsection.
(f) Establishment of Provost of the Foreign Service Institute.--
(1) Establishment.--There is established in the Foreign Service
Institute the position of Provost.
(2) Appointment; reporting.--The Provost shall--
(A) be appointed by the Secretary; and
(B) report to the Director of the Foreign Service
Institute.
(3) Qualifications.--The Provost, who should be a member of the
Senior Executive Service, shall have--
(A) experience in the field of diplomacy, national
security, education, management, leadership, economics,
history, trade, adult education, or technology; and
(B) significant experience outside the Department, whether
in other national security agencies or in the private sector,
and preferably in positions of authority in educational
institutions or the field of professional development and mid-
career training with oversight for the evaluation of academic
programs.
(4) Duties.--The Provost shall--
(A) oversee, review, evaluate, and coordinate the academic
curriculum for all courses taught and administered by the
Foreign Service Institute; and
(B) coordinate the development of an evaluation system to
ascertain the utility of the information and skills imparted by
each such course, such that, to the extent practicable,
performance assessments can be included in the personnel
records maintained by the Bureau of Global Talent Management
and utilized in Foreign Service Selection Boards.
(5) Compensation.--The Provost shall receive a salary
commensurate with the rank and experience of a member of the Senior
Executive Service, as determined by the Secretary.
(g) Other Agency Responsibilities and Opportunities for
Congressional Staff.--
(1) Other agencies.--National security agencies other than the
Department should be afforded the ability to increase the
enrollment of their personnel in courses at the Foreign Service
Institute and other training and professional development
facilities of the Department to promote a whole-of-government
approach to mitigating national security challenges.
(2) Congressional staff.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit a
report to the appropriate committees of Congress that describes--
(A) the training and professional development opportunities
at the Foreign Service Institute and other Department
facilities available to congressional staff;
(B) the budget impacts of offering such opportunities to
congressional staff; and
(C) potential course offerings.
(h) Strategy for Adapting Training Requirements for Modern
Diplomatic Needs.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop and submit to
the appropriate committees of Congress a strategy for adapting and
evolving training requirements to better meet the Department's
current and future needs for 21st century diplomacy.
(2) Elements.--The strategy required under paragraph (1) shall
include the following elements:
(A) Integrating training requirements into the Department's
promotion policies, including establishing educational and
professional development standards for training and attainment
to be used as a part of tenure and promotion guidelines.
(B) Addressing multiple existing and emerging national
security challenges, including--
(i) democratic backsliding and authoritarianism;
(ii) countering, and assisting United States allies to
address, state-sponsored disinformation, including through
the Global Engagement Center;
(iii) cyber threats;
(iv) the aggression and malign influence of Russia,
Cuba, Iran, North Korea, the Maduro Regime, and the Chinese
Communist Party's multi-faceted and comprehensive challenge
to the rules-based order;
(v) the implications of climate change for United
States diplomacy; and
(vi) nuclear threats.
(C) An examination of the likely advantages and
disadvantages of establishing residential training for the A-
100 orientation course administered by the Foreign Service
Institute and evaluating the feasibility of residential
training for other long-term training opportunities.
(D) An examination of the likely advantages and
disadvantages of establishing a press freedom curriculum for
the National Foreign Affairs Training Center that enables
Foreign Service officers to better understand issues of press
freedom and the tools that are available to help protect
journalists and promote freedom of the press norms, which may
include--
(i) the historic and current issues facing press
freedom, including countries of specific concern;
(ii) the Department's role in promoting press freedom
as an American value, a human rights issue, and a national
security imperative;
(iii) ways to incorporate press freedom promotion into
other aspects of diplomacy; and
(iv) existing tools to assist journalists in distress
and methods for engaging foreign governments and
institutions on behalf of individuals engaged in
journalistic activity who are at risk of harm.
(E) The expansion of external courses offered by the
Foreign Service Institute at academic institutions or
professional associations on specific topics, including in-
person and virtual courses on monitoring and evaluation,
audience analysis, and the use of emerging technologies in
diplomacy.
(3) Utilization of existing resources.--In examining the
advantages and disadvantages of establishing a residential training
program pursuant to paragraph (2)(C), the Secretary shall--
(A) collaborate with other national security departments
and agencies that employ residential training for their
orientation courses; and
(B) consider using the Department's Foreign Affairs
Security Training Center in Blackstone, Virginia.
(i) Report and Briefing Requirements.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate committees of Congress that includes--
(A) a strategy for broadening and deepening professional
development and training at the Department, including assessing
current and future needs for 21st century diplomacy;
(B) the process used and resources needed to implement the
strategy referred to in subparagraph (A) throughout the
Department; and
(C) the results and impact of the strategy on the workforce
of the Department, particularly the relationship between
professional development and training and promotions for
Department personnel, and the measurement and evaluation
methods used to evaluate such results.
(2) Briefing.--Not later than 1 year after the date on which
the Secretary submits the report required under paragraph (1), and
annually thereafter for 2 years, the Secretary shall provide to the
appropriate committees of Congress a briefing on the information
required to be included in the report.
(j) Foreign Language Maintenance Incentive Program.--
(1) Authorization.--The Secretary is authorized to establish
and implement an incentive program, with a similar structure as the
Foreign Language Proficiency Bonus offered by the Department of
Defense, to encourage members of the Foreign Service who possess
language proficiency in any of the languages that qualify for
additional incentive pay, as determined by the Secretary, to
maintain critical foreign language skills.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate committees of Congress that includes a detailed plan
for implementing the program authorized under paragraph (1),
including anticipated resource requirements to carry out such
program.
SEC. 9206. FACILITATION AND ENCOURAGEMENT OF TRAINING AND PROFESSIONAL
DEVELOPMENT FOR FOREIGN SERVICE AND CIVIL SERVICE PERSONNEL.
(a) Sense of Congress.--It is the sense of Congress that
recognition throughout the Department of the value and importance of
training and professional development for Foreign Service and Civil
Service personnel is vital to the development and maintenance by such
personnel of the skills and expertise required for the Department to
contribute fully and effectively to the conduct of the foreign affairs
of the United States.
(b) Study and Report.--
(1) In general.--The Secretary, in consultation with the heads
of relevant Federal agencies, shall conduct a study of the
feasibility and cost of establishing a diplomatic officers' reserve
corps or similar mechanism to augment the Department's personnel
needs at any level on a temporary or permanent basis.
(2) Elements.--In conducting the study required under paragraph
(1), the Secretary shall consider whether the diplomatic officers'
reserve corps should be modeled on the Senior Reserve Officers'
Training Corps established under chapter 103 of title 10, United
States Code, to encourage the recruitment and retention of
personnel who have the critical language skills necessary to meet
the requirements of the Foreign Service by providing financial
assistance to students studying critical languages at institutions
of higher education.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that contains the results of
the study conducted pursuant to paragraph (1).
(c) Training and Development in Promotion Precepts and Evaluation
Criteria.--
(1) Foreign service.--The Secretary shall take appropriate
action to ensure accountability and transparency in the evaluation
of the precepts described in section 603 of the Foreign Service Act
of 1980 (22 U.S.C. 4003) upon which the selection boards
established pursuant to section 602 of such Act (22 U.S.C. 4002)
make recommendations for the promotion of members of the Foreign
Service under section 601 of such Act (22 U.S.C. 4001) by affording
equal consideration to the undertaking of training, professional
development, and foreign language acquisition and retention among
any other objective criteria considered by selection boards in
making such recommendations.
(2) Civil service.--The Secretary shall take appropriate action
to ensure that the performance standards for any job performance
appraisal system for Civil Service personnel of the Department
afford equal consideration to the undertaking of training,
professional development, and foreign language acquisition and
retention among any other objective criteria in the evaluation of
the job performance of such personnel.
(d) Response to Subordinate Training and Development Needs in
Evaluation of Supervisor Performance.--
(1) Foreign service.--The Secretary shall take appropriate
action to ensure that the evaluation of precepts for
recommendations for promotion described in subsection (c)(1) for
members of the Foreign Service in supervisory positions
incorporates the extent to which such members appropriately address
the training and professional development needs of the personnel
under their supervision.
(2) Civil service.--The Secretary shall take appropriate action
to ensure that the performance standards described in subsection
(c)(2) for Civil Service personnel of the Department in supervisory
positions afford appropriate weight to addressing the training and
professional development needs of the personnel under their
supervision.
SEC. 9207. SECURITY CLEARANCE APPROVAL PROCESS.
(a) Recommendations.--Not later than 270 days after the date of the
enactment of this Act, the Secretary, in coordination with the Director
of National Intelligence, shall submit recommendations to the
appropriate congressional committees for streamlining the security
clearance approval process within the Bureau of Diplomatic Security so
that the security clearance approval process for Civil Service and
Foreign Service applicants is completed within 6 months, on average,
and within 1 year, in the vast majority of cases.
(b) Report.--Not later than 90 days after the recommendations are
submitted pursuant to subsection (a), the Secretary shall submit a
report to the Committee on Foreign Relations of the Senate, the Select
Committee on Intelligence of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Permanent Select
Committee on Intelligence of the House of Representatives that--
(1) describes the status of the efforts of the Department to
streamline the security clearance approval process; and
(2) identifies any remaining obstacles preventing security
clearances from being completed within the time frames set forth in
subsection (a), including lack of cooperation or other actions by
other Federal departments and agencies.
SEC. 9208. ADDENDUM FOR STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees an addendum to the report required under
section 5302 of the Department of State Authorization Act of 2021
(division E of Public Law 117-81), which shall be entitled the ``Report
on Bidding for Domestic and Overseas Posts and Filling Unfilled
Positions''. The addendum shall be prepared using input from the same
federally funded research and development center that prepared the
analysis conducted for the purposes of such report.
(b) Elements.--The addendum required under subsection (a) shall
include--
(1) the total number of domestic and overseas positions open
during the most recent summer bidding cycle;
(2) the total number of bids each position received;
(3) the number of unfilled positions at the conclusion of the
most recent summer bidding cycle, disaggregated by bureau; and
(4) detailed recommendations and a timeline for--
(A) increasing the number of qualified bidders for underbid
positions; and
(B) minimizing the number of unfilled positions at the end
of the bidding season.
SEC. 9209. CURTAILMENTS, REMOVALS FROM POST, AND WAIVERS OF PRIVILEGES
AND IMMUNITIES.
(a) Curtailments Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary
shall submit a report to the appropriate congressional committees
regarding curtailments of Department personnel from overseas posts.
(2) Contents.--The Secretary shall include in the report
required under paragraph (1)--
(A) relevant information about any post that, during the 6-
month period preceding the report--
(i) had more than 5 curtailments; or
(ii) had curtailments representing more than 5 percent
of Department personnel at such post; and
(B) for each post referred to in subparagraph (A), the
number of curtailments, disaggregated by month of occurrence.
(C) Additional contents for initial report.--The initial
report submitted pursuant to paragraph (1) shall identify--
(i) the number of curtailments at the Deputy Chief of
Mission or Principal Officer level for each of the previous
5 years; and
(ii) to the extent practicable--
(I) the number of such curtailments that were
voluntary and the number of such curtailments that were
involuntary; and
(II) the number of those curtailed who left the
service within 1 year after such curtailment.
(b) Removal of Diplomats.--Not later than 20 days after the date on
which any United States personnel under Chief of Mission authority is
declared persona non grata by a host government, the Secretary shall--
(1) notify the Committee on Foreign Relations of the Senate,
the Select Committee on Intelligence of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House of
Representatives of such declaration; and
(2) include with such notification--
(A) the official reason for such declaration (if provided
by the host government);
(B) the date of the declaration; and
(C) whether the Department responded by declaring a host
government's diplomat in the United States persona non grata.
(c) Waiver of Privileges and Immunities.--Not later than 15 days
after any waiver of privileges and immunities pursuant to the Vienna
Convention on Diplomatic Relations, done at Vienna April 18, 1961, that
is applicable to an entire diplomatic post or to the majority of United
States personnel under Chief of Mission authority, the Secretary shall
notify the appropriate congressional committees of such waiver and the
reason for such waiver.
(d) Termination.--This section shall terminate on the date that is
5 years after the date of the enactment of this Act.
SEC. 9210. REPORT ON WORLDWIDE AVAILABILITY.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees on the feasibility of requiring
that each member of the Foreign Service, at the time of entry into the
Foreign Service and thereafter, be worldwide available, as determined
by the Secretary.
(b) Contents.--The report required under subsection (a) shall
include--
(1) the feasibility of a worldwide availability requirement for
all members of the Foreign Service;
(2) considerations if such a requirement were to be
implemented, including the potential effect on recruitment and
retention; and
(3) recommendations for exclusions and limitations, including
exemptions for medical reasons, disability, and other
circumstances.
SEC. 9211. PROFESSIONAL DEVELOPMENT.
(a) Requirements.--The Secretary shall strongly encourage that
Foreign Service officers seeking entry into the Senior Foreign Service
participate in professional development described in subsection (c).
(b) Requirements.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit recommendations on
requiring that Foreign Service officers complete professional
development described in subsection (c) to be eligible for entry into
the Senior Foreign Service.
(c) Professional Development Described.--Professional development
described in this subsection is not less than 6 months of training or
experience outside of the Department, including time spent--
(1) as a detailee to another government agency, including
Congress or a State, Tribal, or local government; or
(2) in Department-sponsored and -funded university training
that results in an advanced degree, excluding time spent at a
university that is fully funded or operated by the Federal
Government.
(d) Promotion Precepts.--The Secretary shall instruct promotion
boards to consider positively long-term training and out-of-agency
detail assignments as described in this section.
SEC. 9212. MANAGEMENT ASSESSMENTS AT DIPLOMATIC AND CONSULAR POSTS.
(a) In General.--Beginning not later than 1 year after the date of
the enactment of this Act, the Secretary shall annually conduct, at
each diplomatic and consular post, a voluntary survey, which shall be
offered to all staff assigned to that post who are citizens of the
United States (excluding the Chief of Mission) to assess the management
and leadership of that post by the Chief of Mission, the Deputy Chief
of Mission, and the Charge d'Affaires.
(b) Anonymity.--All responses to the survey shall be--
(1) fully anonymized; and
(2) made available to the Director General of the Foreign
Service.
(c) Survey.--The survey shall seek to assess--
(1) the general morale at post;
(2) the presence of any hostile work environment;
(3) the presence of any harassment, discrimination,
retaliation, or other mistreatment; and
(4) effective leadership and collegial work environment.
(d) Director General Recommendations.--Upon compilation and review
of the surveys, the Director General of the Foreign Service shall issue
recommendations to posts, as appropriate, based on the findings of the
surveys.
(e) Referral.--If the surveys reveal any action that is grounds for
referral to the Inspector General of the Department of State and the
Foreign Service, the Director General of the Foreign Service may refer
the matter to the Inspector General of the Department of State and the
Foreign Service, who shall, as the Inspector General considers
appropriate, conduct an inspection of the post in accordance with
section 209(b) of the Foreign Service Act of 1980 (22 U.S.C. 3929(b)).
(f) Annual Report.--The Director General of the Foreign Service
shall submit an annual report to the appropriate congressional
committees that includes--
(1) any trends or summaries from the surveys;
(2) the posts where corrective action was recommended or taken
in response to any issues identified by the surveys; and
(3) the number of referrals to the Inspector General of the
Department of State and the Foreign Service, as applicable.
(g) Initial Basis.--The surveys and reports required under this
section shall be carried out on an initial basis for the 5-year period
beginning on the date of the enactment of this Act.
SEC. 9213. INDEPENDENT REVIEW OF PROMOTION POLICIES.
Not later than 18 months after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a
comprehensive review of the policies, personnel, organization, and
processes related to promotions within the Department, including--
(1) a review of--
(A) the selection and oversight of Foreign Service
promotion panels; and
(B) the use of quantitative data and metrics in such
panels;
(2) an assessment of the promotion practices of the Department,
including how promotion processes are communicated to the workforce
and appeals processes; and
(3) recommendations for improving promotion panels and
promotion practices.
SEC. 9214. THIRD PARTY VERIFICATION OF PERMANENT CHANGE OF STATION
(PCS) ORDERS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall establish a mechanism for third parties to
verify the employment of, and the validity of permanent change of
station (PCS) orders received by, members of the Foreign Service, in a
manner that protects the safety, security, and privacy of sensitive
employee information.
SEC. 9215. POST-EMPLOYMENT RESTRICTIONS ON SENATE-CONFIRMED OFFICIALS
AT THE DEPARTMENT OF STATE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress and the executive branch have recognized the
importance of preventing and mitigating the potential for conflicts
of interest following government service, including with respect to
senior United States officials working on behalf of foreign
governments; and
(2) Congress and the executive branch should jointly evaluate
the status and scope of post-employment restrictions.
(b) Restrictions.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the
end the following:
``(m) Extended Post-employment Restrictions for Certain Senate-
confirmed Officials.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country of concern'
means--
``(i) the People's Republic of China;
``(ii) the Russian Federation;
``(iii) the Islamic Republic of Iran;
``(iv) the Democratic People's Republic of Korea;
``(v) the Republic of Cuba; and
``(vi) the Syrian Arab Republic.
``(B) Foreign government entity.--The term `foreign
governmental entity' includes--
``(i) any person employed by--
``(I) any department, agency, or other entity of a
foreign government at the national, regional, or local
level;
``(II) any governing party or coalition of a
foreign government at the national, regional, or local
level; or
``(III) any entity majority-owned or majority-
controlled by a foreign government at the national,
regional, or local level; and
``(ii) in the case of a country of concern, any
company, economic project, cultural organization, exchange
program, or nongovernmental organization that is more than
33 percent owned or controlled by the government of such
country.
``(C) Representation.--The term `representation' does not
include representation by an attorney, who is duly licensed and
authorized to provide legal advice in a United States
jurisdiction, of a person or entity in a legal capacity or for
the purposes of rendering legal advice.
``(2) Secretary of state and deputy secretary of state.--With
respect to a person serving as the Secretary of State or the Deputy
Secretary of State, the restrictions described in section 207(f)(1)
of title 18, United States Code, shall apply to any such person who
knowingly represents, aids, or advises a foreign governmental
entity before an officer or employee of the executive branch of the
United States with the intent to influence a decision of such
officer or employee in carrying out his or her official duties at
any time after the termination of such person's service as
Secretary or Deputy Secretary.
``(3) Under secretaries, assistant secretaries, and
ambassadors.--With respect to a person serving as an Under
Secretary, Assistant Secretary, or Ambassador at the Department of
State or as the United States Permanent Representative to the
United Nations, the restrictions described in section 207(f)(1) of
title 18, United States Code, shall apply to any such person who
knowingly represents, aids, or advises--
``(A) a foreign governmental entity before an officer or
employee of the executive branch of the United States with the
intent to influence a decision of such officer or employee in
carrying out his or her official duties for 3 years after the
termination of such person's service in a position described in
this paragraph, or the duration of the term or terms of the
President who appointed that person to their position,
whichever is longer; or
``(B) a foreign governmental entity of a country of concern
before an officer or employee of the executive branch of the
United States with the intent to influence a decision of such
officer or employee in carrying out his or her official duties
at any time after the termination of such person's service in a
position described in this paragraph.
``(4) Penalties and injunctions.--Any violations of the
restrictions under paragraphs (2) or (3) shall be subject to the
penalties and injunctions provided for under section 216 of title
18, United States Code.
``(5) Notice of restrictions.--Any person subject to the
restrictions under this subsection shall be provided notice of
these restrictions by the Department of State--
``(A) upon appointment by the President; and
``(B) upon termination of service with the Department of
State.
``(6) Effective date.--The restrictions under this subsection
shall apply only to persons who are appointed by the President to
the positions referenced in this subsection on or after 120 days
after the date of the enactment of the Department of State
Authorization Act of 2022.
``(7) Sunset.--The restrictions under this subsection shall
expire on the date that is 5 years after the date of the enactment
of the Department of State Authorization Act of 2022.''.
SEC. 9216. EXPANSION OF AUTHORITIES REGARDING SPECIAL RULES FOR CERTAIN
MONTHLY WORKERS' COMPENSATION PAYMENTS AND OTHER PAYMENTS.
Section 901 of division J of the Further Consolidated
Appropriations Act, 2020 (22 U.S.C. 2680b) is amended by adding at the
end the following:
``(j) Expansion of Authorities.--The head of any Federal agency may
exercise the authorities of this section, including to designate an
incident, whether the incident occurred in the United States or abroad,
for purposes of subparagraphs (A)(ii) and (B)(ii) of subsection (e)(4)
when the incident affects United States Government employees of the
agency or their dependents who are not under the security
responsibility of the Secretary of State as set forth in section 103 of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4802) or when operational control of overseas security
responsibility for such employees or dependents has been delegated to
the head of the agency.''.
SEC. 9217. REPORT ON PILOT PROGRAM FOR LATERAL ENTRY INTO THE FOREIGN
SERVICE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of State for Management
shall submit a report to the appropriate congressional committees
describing the implementation of the pilot program for lateral entry
into the Foreign Service required under section 404(b) of the
Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-
323; 130 Stat. 1928).
(b) Matters to Be Included.--The report required under subsection
(a) shall include--
(1) the current status of implementation of the pilot program,
including a summary of concrete steps taken by the Department to
implement the pilot program;
(2) an explanation of any delays in implementation of the pilot
program;
(3) the number of mid-career individuals from the Civil Service
of the Department and the private sector who are expected to
participate in the pilot program during fiscal year 2023,
disaggregated, to the extent practicable and to the maximum extent
that the collection of such data is permissible by law, by sex,
age, race and ethnicity, geographic origin, and past occupation;
(4) an analysis of the skills gap identified by the Department
for the use of the pilot program's flexible-hiring mechanism;
(5) any legal justification provided by the Office of the Legal
Adviser of the Department if the Department did not implement the
pilot program; and
(6) the estimated date by which the Department is expected to
implement the pilot program.
SEC. 9218. REPORT ON CHANGES TO THE FOREIGN SERVICE OFFICER TEST.
Not later than December 1, 2023, the Secretary shall submit a
report to the appropriate congressional committees describing and
justifying any changes made during fiscal years 2022 and 2023 to the
Foreign Service entry process, including--
(1) the use of artificial intelligence, including deep textual
analysis, in any portion of the entry process and its impacts on
recruitment into the Foreign Service;
(2) the use of virtual formats for any portion of the entry
process and its impacts on recruitment into the Foreign Service;
and
(3) the entities, groups, or individuals informed of or
consulted on any changes to the Foreign Service entry process
during the 1-year period immediately preceding the implementation
of such changes.
SEC. 9219. DIGNITY FOR PEOPLE WITH DISABILITIES SERVING IN THE FOREIGN
SERVICE.
The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is
amended--
(1) in section 101(b)(2) (22 U.S.C. 3901(b)(2)), by striking
``handicapping condition'' and inserting ``disability'';
(2) in section 105 (22 U.S.C. 3905), by striking ``handicapping
condition'' each place such term appears and inserting
``disability'';
(3) in section 1002(11)(A) (22 U.S.C. 4102(11)(A)), by striking
``handicapping condition'' and inserting ``disability''; and
(4) in section 1015(b)(4) (22 U.S.C. 4115(b)(4)), by striking
``handicapping condition'' and inserting ``disability''.
SEC. 9220. EXPANDING SCOPE OF FELLOWSHIP PROGRAMS TO INCLUDE CIVIL
SERVANTS.
(a) In General.--Section 47 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2719) is amended--
(1) in the first sentence--
(A) by inserting ``or the Civil Service'' after ``with the
Foreign Service''; and
(B) by striking ``Foreign service Act of 1980'' and
inserting ``Foreign Service Act of 1980''; and
(2) in the second sentence, by inserting ``or the Civil
Service'' after ``Foreign Service''.
(b) Initial Report.--Not later than 30 days before expanding
participation to include civil servants in any fellowship program of
the Department, the Secretary shall submit a report to the appropriate
congressional committees that--
(1) identifies the affected fellowship program; and
(2) justifies expanding participation in such program.
(c) Follow-up Report.--Not later than 1 year after the expansion of
any fellowship program authorized under this section, the Secretary
shall submit a follow-up report to the appropriate congressional
committees that describes how the expansion of participation in such
program has impacted the effectiveness of the program.
TITLE XCIII--EMBASSY SECURITY AND CONSTRUCTION
SEC. 9301. AMENDMENTS TO SECURE EMBASSY CONSTRUCTION AND
COUNTERTERRORISM ACT OF 1999.
(a) Short Title.--This section may be cited as the ``Secure Embassy
Construction and Counterterrorism Act of 2022''.
(b) Findings.--Congress makes the following findings:
(1) The Secure Embassy Construction and Counterterrorism Act of
1999 (title VI of division A of appendix G of Public Law 106-113)
was a necessary response to bombings on August 7, 1998, at the
United States embassies in Nairobi, Kenya, and in Dar es Salaam,
Tanzania, that were destroyed by simultaneously exploding bombs.
The resulting explosions killed 220 persons and injured more than
4,000 others. Twelve Americans and 40 Kenyan and Tanzanian
employees of the United States Foreign Service were killed in the
attacks.
(2) Those bombings, followed by the expeditionary diplomatic
efforts in Iraq and Afghanistan, demonstrated the need to
prioritize the security of United States posts and personnel abroad
above other considerations.
(3) Between 1999 and 2022, the risk calculus of the Department
impacted the ability of United States diplomats around the world to
advance the interests of the United States through access to local
populations, leaders, and places.
(4) America's competitors and adversaries do not have the same
restrictions that United States diplomats have, especially in
critically important medium-threat and high-threat posts.
(5) The Department's 2021 Overseas Security Panel report states
that--
(A) the requirement for setback and collocation of
diplomatic posts under paragraphs (2) and (3) of section 606(a)
of the Secure Embassy Construction and Counterterrorism Act of
1999 (22 U.S.C. 4865(a)) has led to skyrocketing costs of new
embassies and consulates; and
(B) the locations of such posts have become less desirable,
creating an extremely suboptimal nexus that further hinders
United States diplomats who are willing to accept more risk in
order to advance United States interests.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the setback and collocation requirements referred to in
subsection (b)(5)(A), even with available waivers, no longer
provide the security such requirements used to provide because of
advancement in technologies, such as remote controlled drones, that
can evade walls and other such static barriers;
(2) the Department should focus on creating performance
security standards that--
(A) attempt to keep the setback requirements of diplomatic
posts as limited as possible; and
(B) provide diplomats access to local populations as much
as possible, while still providing a necessary level of
security;
(3) collocation of diplomatic facilities is often not feasible
or advisable, particularly for public diplomacy spaces whose
mission is to reach and be accessible to wide sectors of the
public, including in countries with repressive governments, since
such spaces are required to permit the foreign public to enter and
exit the space easily and openly;
(4) the Bureau of Diplomatic Security should--
(A) fully utilize the waiver process provided under
paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (22
U.S.C. 4865(a)); and
(B) appropriately exercise such waiver process as a tool to
right-size the appropriate security footing at each diplomatic
post rather than only approving waivers in extreme
circumstances;
(5) the return of great power competition requires--
(A) United States diplomats to do all they can to
outperform our adversaries; and
(B) the Department to better optimize use of taxpayer
funding to advance United States national interests; and
(6) this section will better enable United States diplomats to
compete in the 21st century, while saving United States taxpayers
millions in reduced property and maintenance costs at embassies and
consulates abroad.
(d) Definition of United States Diplomatic Facility.--Section 603
of the Secure Embassy Construction and Counterterrorism Act of 1999
(title VI of division A of appendix G of Public Law 106-113) is amended
to read as follows:
``SEC. 603. UNITED STATES DIPLOMATIC FACILITY DEFINED.
``In this title, the terms `United States diplomatic facility' and
`diplomatic facility' mean any chancery, consulate, or other office
that--
``(1) is considered by the Secretary of State to be diplomatic
or consular premises, consistent with the Vienna Convention on
Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna
Convention on Consular Relations, done at Vienna April 24, 1963,
and was notified to the host government as such; or
``(2) is otherwise subject to a publicly available bilateral
agreement with the host government (contained in the records of the
United States Department of State) that recognizes the official
status of the United States Government personnel present at the
facility.''.
(e) Guidance and Requirements for Diplomatic Facilities.--
(1) Guidance for closure of public diplomacy facilities.--
Section 5606(a) of the Public Diplomacy Modernization Act of 2021
(Public Law 117-81; 22 U.S.C. 1475g note) is amended to read as
follows:
``(a) In General.--In order to preserve public diplomacy facilities
that are accessible to the publics of foreign countries, not later than
180 days after the date of the enactment of the Secure Embassy
Construction and Counterterrorism Act of 2022, the Secretary of State
shall adopt guidelines to collect and utilize information from each
diplomatic post at which the construction of a new embassy compound or
new consulate compound could result in the closure or co-location of an
American Space that is owned and operated by the United States
Government, generally known as an American Center, or any other public
diplomacy facility under the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).''.
(2) Security requirements for united states diplomatic
facilities.--Section 606(a) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)) is amended--
(A) in paragraph (1)(A), by striking ``the threat'' and
inserting ``a range of threats, including that'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``in a location that has certain
minimum ratings under the Security Environment Threat
List as determined by the Secretary in his or her
discretion'' after ``abroad''; and
(II) by inserting ``, personnel of the Peace Corps,
and personnel of any other type or category of facility
that the Secretary may identify'' after ``military
commander''; and
(ii) in subparagraph (B)--
(I) by amending clause (i) to read as follows:
``(i) In general.--Subject to clause (ii), the
Secretary of State may waive subparagraph (A) if the
Secretary, in consultation with, as appropriate, the head
of each agency employing personnel that would not be
located at the site, if applicable, determines that it is
in the national interest of the United States after taking
account of any considerations the Secretary in his or her
discretion considers relevant, which may include security
conditions.''; and
(II) in clause (ii), by striking ``(ii) Chancery or
consulate building.--'' and all that follows through
``15 days prior'' and inserting the following:
``(ii) Chancery or consulate building.--Prior''; and
(C) in paragraph (3)--
(i) by amending subparagraph (A) to read as follows:
``(A) Requirement.--
``(i) In general.--Each newly acquired United States
diplomatic facility in a location that has certain minimum
ratings under the Security Environment Threat List as
determined by the Secretary of State in his or her
discretion shall--
``(I) be constructed or modified to meet the
measured building blast performance standard applicable
to a diplomatic facility sited not less than 100 feet
from the perimeter of the property on which the
facility is situated; or
``(II) fulfill the criteria described in clause
(ii).
``(ii) Alternative engineering equivalency standard
requirement.--Each facility referred to in clause (i) may,
instead of meeting the requirement under such clause,
fulfill such other criteria as the Secretary is authorized
to employ to achieve an engineering standard of security
and degree of protection that is equivalent to the
numerical perimeter distance setback described in such
clause seeks to achieve.''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``security considerations
permit and''; and
(bb) by inserting ``after taking account of any
considerations the Secretary in his or her
discretion considers relevant, which may include
security conditions'' after ``national interest of
the United States'';
(II) in clause (ii), by striking ``(ii) Chancery or
consulate building.--'' and all that follows through
``15 days prior'' and inserting the following:
``(ii) Chancery or consulate building.--Prior''; and
(III) in clause (iii), by striking ``an annual''
and inserting ``a quarterly''.
SEC. 9302. DIPLOMATIC SUPPORT AND SECURITY.
(a) Short Title.--This section may be cited as the ``Diplomatic
Support and Security Act of 2022''.
(b) Findings.--Congress makes the following findings:
(1) A robust overseas diplomatic presence is part of an
effective foreign policy, particularly in volatile environments
where a flexible and timely diplomatic response can be decisive in
preventing and addressing conflict.
(2) Diplomats routinely put themselves and their families at
great personal risk to serve their country overseas where they face
threats related to international terrorism, violent conflict, and
public health.
(3) The Department has a remarkable record of protecting
personnel while enabling an enormous amount of global diplomatic
activity, often in unsecure and remote places and facing a variety
of evolving risks and threats. With support from Congress, the
Department has revised policy, improved physical security through
retrofitting and replacing old facilities, deployed additional
security personnel and armored vehicles, and greatly enhanced
training requirements and training facilities, including the new
Foreign Affairs Security Training Center in Blackstone, Virginia.
(4) Diplomatic missions rely on robust staffing and ambitious
external engagement to advance United States interests as diverse
as competing with China's malign influence around the world,
fighting terrorism and transnational organized crime, preventing
and addressing violent conflict and humanitarian disasters,
promoting United States businesses and trade, protecting the rights
of marginalized groups, addressing climate change, and preventing
pandemic disease.
(5) Efforts to protect personnel overseas have often resulted
in inhibiting diplomatic activity and limiting engagement between
embassy personnel and local governments and populations.
(6) Given that Congress currently provides annual
appropriations in excess of $1,900,000,000 for embassy security,
construction, and maintenance, the Department should be able to
ensure a robust overseas presence without inhibiting the ability of
diplomats to--
(A) meet outside United States secured facilities with
foreign leaders to explain, defend, and advance United States
priorities;
(B) understand and report on foreign political, social, and
economic conditions through meeting and interacting with
community officials outside of United States facilities;
(C) provide United States citizen services; and
(D) collaborate and, at times, compete with other
diplomatic missions, particularly those, such as that of the
People's Republic of China, that do not have restrictions on
meeting locations.
(7) Given these stakes, Congress has a responsibility to
empower, support, and hold the Department accountable for
implementing an aggressive strategy to ensure a robust overseas
presence that mitigates potential risks and adequately considers
the myriad direct and indirect consequences of a lack of diplomatic
presence.
(c) Encouraging Expeditionary Diplomacy.--
(1) Purpose.--Section 102(b) of the Diplomatic Security Act of
1986 (22 U.S.C. 4801(b)) is amended--
(A) by amending paragraph (3) to read as follows:
``(3) to promote strengthened security measures,
institutionalize a culture of learning, and, in the case of
apparent gross negligence or breach of duty, recommend that the
Secretary investigate accountability for United States Government
personnel with security-related responsibilities under chief of
mission authority;'';
(B) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(C) by inserting after paragraph (3) the following:
``(4) to support a culture of risk management, instead of risk
avoidance, that enables the Department of State to pursue its vital
goals with full knowledge that it is neither desirable nor possible
for the Department to avoid all risks;''.
(2) Briefings on embassy security.--Section 105(a)(1) of the
Diplomatic Security Act (22 U.S.C. 4804(a)) is amended--
(A) by striking ``any plans to open or reopen a high risk,
high threat post'' and inserting ``progress towards opening or
reopening a high risk, high threat post, and the risk to
national security of the continued closure or any suspension of
operations and remaining barriers to doing so'';
(B) in subparagraph (A), by inserting ``the risk to United
States national security of the post's continued closure or
suspension of operations,'' after ``national security of the
United States,''; and
(C) in subparagraph (C), by inserting ``the type and level
of security threats such post could encounter, and'' before
``security `tripwires'''.
(d) Security Review Committees.--Section 301 of the Diplomatic
Security Act (22 U.S.C. 4831) is amended--
(1) in the section heading, by striking ``accountability review
boards'' and inserting ``security review committees'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Convening the security review committee.--In any case of
a serious security incident involving loss of life, serious injury,
or significant destruction of property at, or related to, a United
States Government diplomatic mission abroad (referred to in this
title as a `Serious Security Incident'), and in any case of a
serious breach of security involving intelligence activities of a
foreign government directed at a United States Government mission
abroad, the Secretary of State shall convene a Security Review
Committee, which shall issue a report providing a full account of
what occurred, consistent with section 304.'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Committee composition.--The Secretary shall designate a
Chairperson and may designate additional personnel of commensurate
seniority to serve on the Security Review Committee, which shall
include--
``(A) the Director of the Office of Management Strategy and
Solutions;
``(B) the Assistant Secretary responsible for the region
where the incident occurred;
``(C) the Assistant Secretary of State for Diplomatic
Security;
``(D) the Assistant Secretary of State for Intelligence and
Research;
``(E) an Assistant Secretary-level representative from any
involved United States Government department or agency; and
``(F) other personnel determined to be necessary or
appropriate.'';
(D) in paragraph (3), as redesignated by subclause (B)--
(i) in the paragraph heading, by striking ``Department
of defense facilities and personnel'' and inserting
``Exceptions to convening a security review committee'';
(ii) by striking ``The Secretary of State is not
required to convene a Board in the case'' and inserting the
following:
``(A) In general.--The Secretary of State is not required
to convene a Security Review Committee--
``(i) if the Secretary determines that the incident
involves only causes unrelated to security, such as when
the security at issue is outside of the scope of the
Secretary of State's security responsibilities under
section 103;
``(ii) if operational control of overseas security
functions has been delegated to another agency in
accordance with section 106;
``(iii) if the incident is a cybersecurity incident and
is covered by other review mechanisms; or
``(iv) in the case''; and
(iii) by striking ``In any such case'' and inserting
the following:
``(B) Department of defense investigations.--In the case of
an incident described in subparagraph (A)(iv)''; and
(E) by adding at the end the following:
``(5) Rulemaking.--The Secretary of State shall promulgate
regulations defining the membership and operating procedures for
the Security Review Committee and provide such guidance to the
Chair and ranking members of the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``Boards'' and
inserting ``Security Review Committees''; and
(B) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of State shall convene a
Security Review Committee not later than 60 days after the
occurrence of an incident described in subsection (a)(1), or 60
days after the Department first becomes aware of such an incident,
whichever is earlier, except that the 60-day period for convening a
Security Review Committee may be extended for one additional 60-day
period if the Secretary determines that the additional period is
necessary.''; and
(4) by amending subsection (c) to read as follows:
``(c) Congressional Notification.--Whenever the Secretary of State
convenes a Security Review Committee, the Secretary shall promptly
inform the chair and ranking member of--
``(1) the Committee on Foreign Relations of the Senate;
``(2) the Select Committee on Intelligence of the Senate;
``(3) the Committee on Appropriations of the Senate;
``(4) the Committee on Foreign Affairs of the House of
Representatives;
``(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
``(6) the Committee on Appropriations of the House of
Representatives.''.
(e) Technical and Conforming Amendments.--Section 302 of the
Diplomatic Security Act of 1986 (22 U.S.C. 4832) is amended--
(1) in the section heading, by striking ``accountability review
board'' and inserting ``security review committee''; and
(2) by striking ``a Board'' each place such term appears and
inserting ``a Security Review Committee''.
(f) Serious Security Incident Investigation Process.--Section 303
of the Diplomatic Security Act of 1986 (22 U.S.C. 4833) is amended to
read as follows:
``SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.
``(a) Investigation Process.--
``(1) Initiation upon reported incident.--A United States
mission shall submit an initial report of a Serious Security
Incident not later than 3 days after such incident occurs, whenever
feasible, at which time an investigation of the incident shall be
initiated.
``(2) Investigation.--Not later than 10 days after the
submission of a report pursuant to paragraph (1), the Secretary
shall direct the Diplomatic Security Service to assemble an
investigative team to investigate the incident and independently
establish what occurred. Each investigation under this subsection
shall cover--
``(A) an assessment of what occurred, who perpetrated or is
suspected of having perpetrated the Serious Security Incident,
and whether applicable security procedures were followed;
``(B) in the event the Serious Security Incident involved a
United States diplomatic compound, motorcade, residence, or
other facility, an assessment of whether adequate security
countermeasures were in effect based on a known threat at the
time of the incident;
``(C) if the incident involved an individual or group of
officers, employees, or family members under Chief of Mission
security responsibility conducting approved operations or
movements outside the United States mission, an assessment of
whether proper security briefings and procedures were in place
and whether weighing of risk of the operation or movement took
place; and
``(D) an assessment of whether the failure of any officials
or employees to follow procedures or perform their duties
contributed to the security incident.
``(3) Investigative team.--The investigative team assembled
pursuant to paragraph (2) shall consist of individuals from the
Diplomatic Security Service who shall provide an independent
examination of the facts surrounding the incident and what
occurred. The Secretary, or the Secretary's designee, shall review
the makeup of the investigative team for a conflict, appearance of
conflict, or lack of independence that could undermine the results
of the investigation and may remove or replace any members of the
team to avoid such an outcome.
``(b) Report of Investigation.--Not later than 90 days after the
occurrence of a Serious Security Incident, the investigative team
investigating the incident shall prepare and submit a Report of
Investigation to the Security Review Committee that includes--
``(1) a detailed description of the matters set forth in
subparagraphs (A) through (D) of subsection (a)(2), including all
related findings;
``(2) a complete and accurate account of the casualties,
injuries, and damage resulting from the incident; and
``(3) a review of security procedures and directives in place
at the time of the incident.
``(c) Confidentiality.--The investigative team investigating a
Serious Security Incident shall adopt such procedures with respect to
confidentiality as determined necessary, including procedures relating
to the conduct of closed proceedings or the submission and use of
evidence in camera, to ensure in particular the protection of
classified information relating to national defense, foreign policy, or
intelligence matters. The Director of National Intelligence shall
establish the level of protection required for intelligence information
and for information relating to intelligence personnel included in the
report required under subsection (b). The Security Review Committee
shall determine the level of classification of the final report
prepared pursuant to section 304(b), and shall incorporate the same
confidentiality measures in such report to the maximum extent
practicable.''.
(g) Findings and Recommendations of the Security Review
Committee.--Section 304 of the Diplomatic Security Act of 1986 (22
U.S.C. 4834) is amended to read as follows:
``SEC. 304. SECURITY REVIEW COMMITTEE FINDINGS AND REPORT.
``(a) Findings.--The Security Review Committee shall--
``(1) review the Report of Investigation prepared pursuant to
section 303(b), and all other evidence, reporting, and relevant
information relating to a Serious Security Incident at a United
States mission abroad, including an examination of the facts and
circumstances surrounding any serious injuries, loss of life, or
significant destruction of property resulting from the incident;
and
``(2) determine, in writing--
``(A) whether the incident was security related and
constituted a Serious Security Incident;
``(B) if the incident involved a diplomatic compound,
motorcade, residence, or other mission facility--
``(i) whether the security systems, security
countermeasures, and security procedures operated as
intended; and
``(ii) whether such systems worked to materially
mitigate the attack or were found to be inadequate to
mitigate the threat and attack;
``(C) if the incident involved an individual or group of
officers conducting an approved operation outside the mission,
whether a valid process was followed in evaluating the
requested operation and weighing the risk of the operation,
which determination shall not seek to assign accountability for
the incident unless the Security Review Committee determines
that an official breached his or her duty;
``(D) the impact of intelligence and information
availability, and whether the mission was aware of the general
operating threat environment or any more specific threat
intelligence or information and took that into account in
ongoing and specific operations; and
``(E) any other facts and circumstances that may be
relevant to the appropriate security management of United
States missions abroad.
``(b) Report.--
``(1) Submission to secretary of state.--Not later than 60 days
after receiving the Report of Investigation prepared pursuant to
section 303(b), the Security Review Committee shall submit a report
to the Secretary of State that includes--
``(A) the findings described in subsection (a); and
``(B) any related recommendations.
``(2) Submission to congress.--Not later than 90 days after
receiving the report pursuant to paragraph (1), the Secretary of
State shall submit a copy of the report to--
``(A) the Committee on Foreign Relations of the Senate;
``(B) the Select Committee on Intelligence of the Senate;
``(C) the Committee on Appropriations of the Senate;
``(D) the Committee on Foreign Affairs of the House of
Representatives;
``(E) the Permanent Select Committee on Intelligence of the
House of Representatives; and
``(F) the Committee on Appropriations of the House of
Representatives.
``(c) Personnel Recommendations.--If in the course of conducting an
investigation under section 303, the investigative team finds
reasonable cause to believe any individual described in section
303(a)(2)(D) has breached the duty of that individual or finds lesser
failures on the part of an individual in the performance of his or her
duties related to the incident, it shall be reported to the Security
Review Committee. If the Security Review Committee finds reasonable
cause to support the determination, it shall be reported to the
Secretary for appropriate action.''.
(h) Relation to Other Proceedings.--Section 305 of the Diplomatic
Security Act of 1986 (22 U.S.C. 4835) is amended--
(1) by inserting ``(a) No Effect on Existing Remedies or
Defenses.--'' before ``Nothing in this title''; and
(2) by adding at the end the following:
``(b) Future Inquiries.--Nothing in this title may be construed to
preclude the Secretary of State from convening a follow-up public board
of inquiry to investigate any security incident if the incident was of
such magnitude or significance that an internal process is deemed
insufficient to understand and investigate the incident. All materials
gathered during the procedures provided under this title shall be
provided to any related board of inquiry convened by the Secretary.''.
(i) Training for Foreign Service Personnel on Risk Management
Practices.--Not later than 120 days after the date of the enactment of
this Act, the Secretary shall develop and submit a strategy to the
appropriate congressional committees for training and educating Foreign
Service personnel regarding appropriate risk management practices while
conducting their duties in high risk, high threat environments that
includes--
(1) plans to continue to develop and offer additional training
courses, or augment existing courses, for Department personnel
regarding the conduct of their duties in high risk, high threat
environments outside of diplomatic compounds, including for
diplomatic personnel, such as political officers, economic
officers, and consular officers;
(2) plans to educate Senior Foreign Service personnel serving
abroad, including ambassadors, chiefs of mission, deputy chiefs of
missions, and regional security officers, regarding appropriate
risk management practices to employ while evaluating requests for
diplomatic operations in high risk, high threat environments
outside of diplomatic compounds; and
(3) plans and strategies for effectively balancing safety risks
with the need for in-person engagement with local governments and
populations.
(j) Sense of Congress Regarding the Establishment of the
Expeditionary Diplomacy Award.--It is the sense of Congress that the
Secretary should--
(1) encourage expeditionary diplomacy, proper risk management
practices, and regular and meaningful engagement with civil society
at the Department by establishing an annual award, which shall be
known as the ``Expeditionary Diplomacy Award'', to be awarded to
deserving officers and employees of the Department; and
(2) establish procedures for selecting the recipients of the
Expeditionary Diplomacy Award, including any financial terms
associated with such award.
(k) Promotion in the Foreign Service.--Section 603(b) of the
Foreign Service Act of 1980 (22 U.S.C. 4003(b)) is amended--
(1) in the third sentence of the matter preceding paragraph
(1), by inserting ``and when occupying positions for which the
following is, to any degree, an element of the member's duties,''
after ``as the case may be,'';
(2) in paragraph (1), by striking ``when occupying positions
for which such willingness and ability is, to any degree, an
element of the member's duties, or'' and inserting a semicolon;
(3) by striking paragraph (2) and inserting the following:
``(3) other demonstrated experience in public diplomacy; or'';
(4) by inserting after paragraph (1) the following:
``(2) a willingness and ability to regularly and meaningfully
engage with civil society and other local actors in country;''; and
(5) by inserting after paragraph (3), as redesignated, the
following:
``(4) the ability to effectively manage and assess risk
associated with the conduct of diplomatic operations.''.
(l) Reporting Requirement.--Not later than 180 days after the date
of the enactment of this Act and every 180 days thereafter for the
following 2 years, the Secretary shall submit a report to the
appropriate congressional committees describing the Department's risk
management efforts, including information relating to--
(1) implementing this section and section 102(b) of the
Diplomatic Security Act (22 U.S.C. 4801), as amended by subsection
(c);
(2) encouraging and incentivizing appropriate Foreign Service
personnel to regularly and meaningfully engage with civil society
and other local actors in-country;
(3) promoting a more effective culture of risk management and
greater risk tolerance among all Foreign Service personnel,
including through additional risk management training and education
opportunities; and
(4) incorporating the provisions of this section into the
Foreign Affairs Manual regulations and implementing the Serious
Security Incident Investigation Permanent Coordinating Committee
established and convened pursuant to section 302(b) of the
Diplomatic Security Act (22 U.S.C. 4832(b)) to more closely align
Department procedures with the procedures used by other Federal
departments and agencies to analyze, weigh, and manage risk.
SEC. 9303. ESTABLISHMENT OF UNITED STATES EMBASSIES IN SOLOMON ISLANDS,
KIRIBATI, AND TONGA AND A DIPLOMATIC PRESENCE IN VANUATU.
(a) Findings.--Congress makes the following findings:
(1) The Pacific Islands are vital to United States national
security and national interests in the Indo-Pacific region and
globally.
(2) The Pacific Islands region spans 15 percent of the world's
surface area and controls access to open waters in the Central
Pacific, sea lanes to the Western Hemisphere, supply lines to
United States forward-deployed forces in East Asia, and
economically important fisheries.
(3) The Pacific Islands region is home to the State of Hawaii,
11 United States territories, United States Naval Base Guam, and
United States Andersen Air Force Base.
(4) Pacific Island countries cooperate with the United States
and United States partners on maritime security and efforts to stop
illegal, unreported, and destructive fishing.
(5) The Pacific Islands are rich in biodiversity and are on the
frontlines of environmental challenges and climate issues.
(6) The People's Republic of China seeks to increase its
influence in the Pacific Islands region, including through
infrastructure development under the People's Republic of China's
One Belt, One Road Initiative and its new security agreement with
the Solomon Islands.
(7) The United States closed its embassy in the Solomon Islands
in 1993.
(8) The United States Embassy in Papua New Guinea manages the
diplomatic affairs of the United States to the Republic of Vanuatu
and the Solomon Islands, and the United States Embassy in Fiji
manages the diplomatic affairs of the United States to the Republic
of Kiribati and the Kingdom of Tonga.
(9) The United States requires a physical and more robust
diplomatic presence in the Republic of Vanuatu, the Republic of
Kiribati, the Solomon Islands, and the Kingdom of Tonga, to ensure
the physical and operational security of our efforts in those
countries to deepen relations, protect United States national
security, and pursue United States national interests.
(10) Increasing the number of United States embassies dedicated
solely to a Pacific Island country demonstrates the United States'
ongoing commitment to the region and to the Pacific Island
countries.
(b) Establishment of Embassies.--
(1) In general.--As soon as possible, the Secretary should--
(A) establish physical United States embassies in the
Republic of Kiribati and in the Kingdom of Tonga;
(B) upgrade the United States consular agency in the
Solomon Islands to an embassy; and
(C) establish a physical United States Government presence
in the Republic of Vanuatu.
(2) Other strategies.--
(A) Physical infrastructure.--In establishing embassies
pursuant to paragraph (1) and creating the physical
infrastructure to ensure the physical and operational safety of
embassy personnel, the Secretary may pursue rent or purchase
existing buildings or co-locate personnel in embassies of like-
minded partners, such as Australia and New Zealand.
(B) Personnel.--In establishing a physical presence in the
Republic of Vanuatu pursuant to paragraph (1), the Secretary
may assign 1 or more United States Government personnel to the
Republic of Vanuatu as part of the United States mission in
Papua New Guinea.
(3) Waiver authority.--The President may waive the requirements
under paragraph (1) for a period of one year if the President
determines and reports to Congress in advance that such waiver is
necessary to protect the national security interests of the United
States.
(c) Authorization of Appropriations.--Of the amounts authorized to
be appropriated to the Department of State for Embassy Security,
Construction, and Maintenance--
(1) $40,200,000 is authorized to be appropriated for fiscal
year 2023--
(A) to establish and maintain the 3 embassies authorized to
be established under subsection (b); and
(B) to establish a physical United States Government
presence in the Republic of Vanuatu;
(2) $3,000,000 is authorized to be appropriated for fiscal year
2024--
(A) to maintain such embassies; and
(B) to establish a physical United States Government
presence in the Republic of Vanuatu;
(d) Report.--
(1) Defined term.--In this subsection, the term ``appropriate
committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Progress report.--Not later than 180 days following the
date of the enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress a report that includes--
(A) a description of the status of activities carried out
to achieve the objectives described in this section;
(B) an estimate of when embassies and a physical presence
will be fully established pursuant to subsection (b)(1); and
(C) an update on events in the Pacific Islands region
relevant to the establishment of United States embassies,
including activities by the People's Republic of China.
(3) Report on final disposition.--Not later than 2 years after
the date of the enactment of this Act, the Secretary shall submit a
report to the appropriate committees of Congress that--
(A) confirms the establishment of the 3 embassies and the
physical presence required under subsection (b)(1); or
(B) if the embassies and physical presence required in
subsection (b)(1) have not been established, a justification
for such failure to comply with such requirement.
TITLE XCIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 9401. REPORT ON BARRIERS TO APPLYING FOR EMPLOYMENT WITH THE
DEPARTMENT OF STATE.
Not later than 120 days after the date of the enactment of this
Act, the Secretary shall submit a report to the appropriate
congressional committees that--
(1) identifies any barriers for applicants applying for
employment with the Department;
(2) provides demographic data of online applicants during the
most recent 3 years disaggregated by race, ethnicity, sex, age,
veteran status, disability, geographic region;
(3) assesses any barriers that exist for applying online for
employment with the Department, disaggregated by race, ethnicity,
sex, age, veteran status, disability, geographic region; and
(4) includes recommendations for addressing any disparities
identified in the online application process.
SEC. 9402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that includes disaggregated
demographic data and other information regarding the diversity of the
workforce of the Department.
(b) Data.--The report required under subsection (a) shall include,
to the maximum extent that the collection and dissemination of such
data can be done in a way that protects the confidentiality of
individuals and is otherwise permissible by law--
(1) demographic data on each element of the workforce of the
Department during the 3-year period ending on the date of the
enactment of this Act, disaggregated by rank and grade or grade-
equivalent, with respect to--
(A) individuals hired to join the workforce;
(B) individuals promoted, including promotions to and
within the Senior Executive Service or the Senior Foreign
Service;
(C) individuals serving as special assistants in any of the
offices of the Secretary of State, the Deputy Secretary of
State, the Counselor of the Department of State, the
Secretary's Policy Planning Staff, the Under Secretary of State
for Arms Control and International Security, the Under
Secretary of State for Civilian Security, Democracy, and Human
Rights, the Under Secretary of State for Economic Growth,
Energy, and the Environment, the Under Secretary of State for
Management, the Under Secretary of State for Political Affairs,
and the Under Secretary of State for Public Diplomacy and
Public Affairs;
(D) individuals serving in each bureau's front office;
(E) individuals serving as detailees to the National
Security Council;
(F) individuals serving on applicable selection boards;
(G) members of any external advisory committee or board who
are subject to appointment by individuals at senior positions
in the Department;
(H) individuals participating in professional development
programs of the Department and the extent to which such
participants have been placed into senior positions within the
Department after such participation;
(I) individuals participating in mentorship or retention
programs; and
(J) individuals who separated from the agency, including
individuals in the Senior Executive Service or the Senior
Foreign Service;
(2) an assessment of agency compliance with the essential
elements identified in Equal Employment Opportunity Commission
Management Directive 715, effective October 1, 2003;
(3) data on the overall number of individuals who are part of
the workforce, the percentages of such workforce corresponding to
each element specified in paragraph (1), and the percentages
corresponding to each rank, grade, or grade equivalent; and
(4) the total amount of funds spent by the Department for the
purposes of advancing diversity, equity, inclusion, and
accessibility during each of the 4 previous fiscal years,
disaggregated, to the extent practicable, by bureau and activity,
including, as outlined in the Department's 2022 Diversity, Equity,
Inclusion and Accessibility Strategic Plan--
(A) workforce pay and compensation;
(B) recruitment, hiring, promotions, and retention;
(C) reasonable accommodations for disability and religion;
(D) safe workplaces; and
(E) addressing sexual harassment and discrimination.
(c) Effectiveness of Department Efforts.--The report required under
subsection (a) shall describe and assess the effectiveness of the
efforts of the Department--
(1) to propagate fairness, impartiality, and inclusion in the
work environment, both domestically and abroad;
(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination in any
phase of the employment process, including recruitment, hiring,
evaluation, assignments, promotion, retention, and training;
(4) to prevent retaliation against employees for participating
in a protected equal employment opportunity activity or for
reporting sexual harassment or sexual assault;
(5) to provide reasonable accommodation for qualified employees
and applicants with disabilities;
(6) to recruit a representative workforce by--
(A) recruiting women, persons with disabilities, and
minorities;
(B) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of minority
students;
(C) placing job advertisements in newspapers, magazines,
and job sites oriented toward women and minorities;
(D) sponsoring and recruiting at job fairs in urban and
rural communities and at land-grant colleges or universities;
(E) providing opportunities through the Foreign Service
Internship Program under chapter 12 of the Foreign Service Act
of 1980 (22 U.S.C. 4141 et seq.), and other hiring initiatives;
(F) recruiting mid-level and senior-level professionals
through programs designed to increase representation in
international affairs of people belonging to traditionally
underrepresented groups;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout the
United States or via online platforms to reduce the burden of
applicants having to travel at their own expense to take either
or both such examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International Affairs
Fellowship Program;
(ii) the Thomas R. Pickering Foreign Affairs Fellowship
Program; and
(iii) other initiatives, including agency-wide policy
initiatives; and
(7) to ensure transparency and accountability in the work of
the Chief Diversity and Inclusion Officer and the Secretary's
Office of Diversity and Inclusion, particularly by--
(A) avoiding any duplication of existing diversity, equity,
inclusion, and accessibility efforts, including with the Bureau
of Global Talent Management, the Office of Civil Rights, and
other Department offices; and
(B) requiring measurable impacts in hiring, retention, and
other aspects of the Diversity, Equity, Inclusion and
Accessibility Strategic Plan.
(d) Annual Report.--
(1) In general.--Not later than 1 year after the publication of
the report required under subsection (a), and annually thereafter
for the following 5 years, the Secretary shall submit a report to
the appropriate congressional committees, and make such report
available on the Department's website, that includes, without
compromising the confidentiality of individuals and to the extent
otherwise consistent with law--
(A) disaggregated demographic data, to the maximum extent
that collection of such data is permissible by law, relating to
the workforce and information on the status of diversity and
inclusion efforts of the Department;
(B) an analysis of applicant flow data, to the maximum
extent that collection of such data is permissible by law; and
(C) disaggregated demographic data relating to participants
in professional development programs of the Department and the
rate of placement into senior positions for participants in
such programs.
(2) Combination with other annual report.--The report required
under paragraph (1) may be combined with another annual report
required by law, to the extent practicable.
SEC. 9403. CENTERS OF EXCELLENCE IN FOREIGN AFFAIRS AND ASSISTANCE.
(a) Purpose.--The purposes of this section are--
(1) to advance the values and interests of the United States
overseas through programs that foster innovation, competitiveness,
and a plethora of backgrounds, views, and experience in the
formulation and implementation of United States foreign policy and
assistance; and
(2) to create opportunities for specialized research,
education, training, professional development, and leadership
opportunities for individuals belonging to an underrepresented
group within the Department and USAID.
(b) Study.--
(1) In general.--The Secretary and the Administrator of USAID
shall conduct a study on the feasibility of establishing Centers of
Excellence in Foreign Affairs and Assistance (referred to in this
section as the ``Centers of Excellence'') within institutions that
serve individuals belonging to an underrepresented group to focus
on 1 or more of the areas described in paragraph (2).
(2) Elements.--In conducting the study required under paragraph
(1), the Secretary and the Administrator, respectively, shall
consider--
(A) opportunities to enter into public-private partnerships
that will--
(i) increase interest in foreign affairs and foreign
assistance Federal careers;
(ii) prepare an assorted cadre of students (including
nontraditional, mid-career, part-time, and heritage
students) and nonprofit or business professionals with the
skills and education needed to meaningfully contribute to
the formulation and execution of United States foreign
policy and assistance;
(iii) support the conduct of research, education, and
extension programs that reflect a wide range of
perspectives and views of world regions and international
affairs--
(I) to assist in the development of regional and
functional foreign policy skills;
(II) to strengthen international development and
humanitarian assistance programs; and
(III) to strengthen democratic institutions and
processes in policymaking, including in education,
health, wealth, justice, and other sectors;
(iv) enable domestic and international educational,
internship, fellowship, faculty exchange, training,
employment or other innovative programs to acquire or
strengthen knowledge of foreign languages, cultures,
societies, and international skills and perspectives;
(v) support collaboration among institutions of higher
education, including community colleges, nonprofit
organizations, and corporations, to strengthen the
engagement between experts and practitioners in the foreign
affairs and foreign assistance fields; and
(vi) leverage additional public-private partnerships
with nonprofit organizations, foundations, corporations,
institutions of higher education, and the Federal
Government; and
(B) budget and staffing requirements, including appropriate
sources of funding, for the establishment and conduct of
operations of such Centers of Excellence.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that contains the findings of the
study conducted pursuant to subsection (b).
SEC. 9404. PROMOTING TRANSPARENCY AND ACCOUNTABILITY IN THE DEPARTMENT
OF STATE WORKFORCE.
(a) In General.--The Secretary should establish a mechanism to
ensure that appointments or details of Department career employees to
staff positions in the Office of the Secretary, the Office of the
Deputy Secretary of State, the Office of the Counselor of the
Department, any office of the Secretary's Policy Planning Staff, and
any office of an Under Secretary of State, and details to the National
Security Council, are transparent, competitive, inclusive, and merit-
based.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit a report to the appropriate
congressional committees regarding the mechanism established pursuant
to subsection (a).
(c) Availability.--The Secretary shall--
(1) use transparent, competitive, inclusive, and merit-based
processes for appointments and details to the staff positions
specified in subsection (a); and
(2) ensure that such positions are equally available to all
employees of the Civil Service and the Foreign Service of the
Department.
SEC. 9405. RULE OF CONSTRUCTION.
Nothing in this title may be construed as altering existing law
regarding merit system principles.
TITLE XCV--INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 9501. UNITED STATES INTERNATIONAL CYBERSPACE POLICY.
(a) In General.--It is the policy of the United States--
(1) to work internationally to promote an open, interoperable,
reliable, and secure internet governed by the multi-stakeholder
model, which--
(A) promotes democracy, the rule of law, and human rights,
including freedom of expression;
(B) supports the ability to innovate, communicate, and
promote economic prosperity; and
(C) is designed to protect privacy and guard against
deception, malign influence, incitement to violence, harassment
and abuse, fraud, and theft;
(2) to encourage and aid United States allies and partners in
improving their own technological capabilities and resiliency to
pursue, defend, and protect shared interests and values, free from
coercion and external pressure; and
(3) in furtherance of the efforts described in paragraphs (1)
and (2)--
(A) to provide incentives to the private sector to
accelerate the development of the technologies referred to in
such paragraphs;
(B) to modernize and harmonize with allies and partners
export controls and investment screening regimes and associated
policies and regulations; and
(C) to enhance United States leadership in technical
standards-setting bodies and avenues for developing norms
regarding the use of digital tools.
(b) Implementation.--In implementing the policy described in
subsection (a), the President, in consultation with outside actors, as
appropriate, including private sector companies, nongovernmental
organizations, security researchers, and other relevant stakeholders,
in the conduct of bilateral and multilateral relations, shall strive--
(1) to clarify the applicability of international laws and
norms to the use of information and communications technology
(referred to in this subsection as ``ICT'');
(2) to reduce and limit the risk of escalation and retaliation
in cyberspace, damage to critical infrastructure, and other
malicious cyber activity that impairs the use and operation of
critical infrastructure that provides services to the public;
(3) to cooperate with like-minded countries that share common
values and cyberspace policies with the United States, including
respect for human rights, democracy, and the rule of law, to
advance such values and policies internationally;
(4) to encourage the responsible development of new, innovative
technologies and ICT products that strengthen a secure internet
architecture that is accessible to all;
(5) to secure and implement commitments on responsible country
behavior in cyberspace, including commitments by countries--
(A) not to conduct, or knowingly support, cyber-enabled
theft of intellectual property, including trade secrets or
other confidential business information, with the intent of
providing competitive advantages to companies or commercial
sectors;
(B) to take all appropriate and reasonable efforts to keep
their territories clear of intentionally wrongful acts using
ICT in violation of international commitments;
(C) not to conduct or knowingly support ICT activity that
intentionally damages or otherwise impairs the use and
operation of critical infrastructure providing services to the
public, in violation of international law;
(D) to take appropriate measures to protect the country's
critical infrastructure from ICT threats;
(E) not to conduct or knowingly support malicious
international activity that harms the information systems of
authorized international emergency response teams (also known
as ``computer emergency response teams'' or ``cybersecurity
incident response teams'') of another country or authorize
emergency response teams to engage in malicious international
activity, in violation of international law;
(F) to respond to appropriate requests for assistance to
mitigate malicious ICT activity emanating from their territory
and aimed at the critical infrastructure of another country;
(G) not to restrict cross-border data flows or require
local storage or processing of data; and
(H) to protect the exercise of human rights and fundamental
freedoms on the internet, while recognizing that the human
rights that people have offline also need to be protected
online; and
(6) to advance, encourage, and support the development and
adoption of internationally recognized technical standards and best
practices.
SEC. 9502. BUREAU OF CYBERSPACE AND DIGITAL POLICY.
(a) In General.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a), is amended--
(1) by redesignating subsections (i) and (j) as subsection (j)
and (k), respectively;
(2) by redesignating subsection (h) (as added by section
361(a)(1) of division FF of the Consolidated Appropriations Act,
2021 (Public Law 116-260)) as subsection (l); and
(3) by inserting after subsection (h) the following:
``(i) Bureau of Cyberspace and Digital Policy.--
``(1) In general.--There is established, within the Department
of State, the Bureau of Cyberspace and Digital Policy (referred to
in this subsection as the `Bureau'). The head of the Bureau shall
have the rank and status of ambassador and shall be appointed by
the President, by and with the advice and consent of the Senate.
``(2) Duties.--
``(A) In general.--The head of the Bureau shall perform
such duties and exercise such powers as the Secretary of State
shall prescribe, including implementing the diplomatic and
foreign policy aspects of the policy described in section
9501(a) of the Department of State Authorization Act of 2022.
``(B) Duties described.--The principal duties and
responsibilities of the head of the Bureau shall, in
furtherance of the diplomatic and foreign policy mission of the
Department of State, be--
``(i) to serve as the principal cyberspace policy
official within the senior management of the Department of
State and as the advisor to the Secretary of State for
cyberspace and digital issues;
``(ii) to lead, coordinate, and execute, in
coordination with other relevant bureaus and offices, the
Department of State's diplomatic cyberspace, and
cybersecurity efforts (including efforts related to data
privacy, data flows, internet governance, information and
communications technology standards, and other issues that
the Secretary has assigned to the Bureau);
``(iii) to coordinate with relevant Federal agencies
and the Office of the National Cyber Director to ensure the
diplomatic and foreign policy aspects of the cyber strategy
in section 9501 of the Department of State Authorization
Act of 2022 and any other subsequent strategy are
implemented in a manner that is fully integrated with the
broader strategy;
``(iv) to promote an open, interoperable, reliable, and
secure information and communications technology
infrastructure globally;
``(v) to represent the Secretary of State in
interagency efforts to develop and advance Federal
Government cyber priorities and activities, including
efforts to develop credible national capabilities,
strategies, and policies to deter and counter cyber
adversaries, and carry out the purposes of title V of the
Department of State Authorization Act of 2022;
``(vi) to engage civil society, the private sector,
academia, and other public and private entities on relevant
international cyberspace and international information and
communications technology issues;
``(vii) to support United States Government efforts to
uphold and further develop global deterrence frameworks for
malicious cyber activity;
``(viii) to advise the Secretary of State and
coordinate with foreign governments regarding responses to
national security-level cyber incidents, including
coordination on diplomatic response efforts to support
allies and partners threatened by malicious cyber activity,
in conjunction with members of the North Atlantic Treaty
Organization and like-minded countries;
``(ix) to promote the building of foreign capacity
relating to cyberspace policy priorities;
``(x) to promote an open, interoperable, reliable, and
secure information and communications technology
infrastructure globally and an open, interoperable, secure,
and reliable internet governed by the multi-stakeholder
model;
``(xi) to promote an international environment for
technology investments and the internet that benefits
United States economic and national security interests;
``(xii) to promote cross-border flow of data and combat
international initiatives seeking to impose unreasonable
requirements on United States businesses;
``(xiii) to promote international policies to protect
the integrity of United States and international
telecommunications infrastructure from foreign-based
threats, including cyber-enabled threats;
``(xiv) to lead engagement, in coordination with
relevant executive branch agencies, with foreign
governments on relevant international cyberspace,
cybersecurity, cybercrime, and digital economy issues
described in title V of the Department of State
Authorization Act of 2022;
``(xv) to promote international policies, in
coordination with the Department of Commerce, to secure
radio frequency spectrum in the best interests of the
United States;
``(xvi) to promote and protect the exercise of human
rights, including freedom of speech and religion, through
the internet;
``(xvii) to build capacity of United States diplomatic
officials to engage on cyberspace issues;
``(xviii) to encourage the development and adoption by
foreign countries of internationally recognized standards,
policies, and best practices;
``(xix) to support efforts by the Global Engagement
Center to counter cyber-enabled information operations
against the United States or its allies and partners; and
``(xx) to conduct such other matters as the Secretary
of State may assign.
``(3) Qualifications.--The head of the Bureau should be an
individual of demonstrated competency in the fields of--
``(A) cybersecurity and other relevant cyberspace and
information and communications technology policy issues; and
``(B) international diplomacy.
``(4) Organizational placement.--
``(A) Initial placement.--Except as provided in
subparagraph (B), the head of the Bureau shall report to the
Deputy Secretary of State.
``(B) Subsequent placement.--The head of the Bureau may
report to an Under Secretary of State or to an official holding
a higher position than Under Secretary if, not later than 15
days before any change in such reporting structure, the
Secretary of State--
``(i) consults with the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives; and
``(ii) submits a report to such committees that--
``(I) indicates that the Secretary, with respect to
the reporting structure of the Bureau, has consulted
with and solicited feedback from--
``(aa) other relevant Federal entities with a
role in international aspects of cyber policy; and
``(bb) the elements of the Department of State
with responsibility for aspects of cyber policy,
including the elements reporting to--
``(AA) the Under Secretary of State for
Political Affairs;
``(BB) the Under Secretary of State for
Civilian Security, Democracy, and Human Rights;
``(CC) the Under Secretary of State for
Economic Growth, Energy, and the Environment;
``(DD) the Under Secretary of State for
Arms Control and International Security
Affairs;
``(EE) the Under Secretary of State for
Management; and
``(FF) the Under Secretary of State for
Public Diplomacy and Public Affairs;
``(II) describes the new reporting structure for
the head of the Bureau and the justification for such
new structure; and
``(III) includes a plan describing how the new
reporting structure will better enable the head of the
Bureau to carry out the duties described in paragraph
(2), including the security, economic, and human rights
aspects of cyber diplomacy.
``(5) Special hiring authorities.--The Secretary of State may--
``(A) appoint up to 25 employees to cyber positions in the
Bureau without regard to the provisions of subchapter I of
chapter 33 of title 5, United States Code, regarding
appointments in the competitive service; and
``(B) fix the rates of basic pay of such employees without
regard to chapter 51 and subchapter III of chapter 53 of such
title regarding classification and General Schedule pay rates,
provided that the rates for such positions do not exceed the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5, United
States Code.
``(6) Coordination.--In implementing the duties prescribed
under paragraph (2), the head of the Bureau shall coordinate with
the heads of other Federal agencies, including the Department of
Commerce, the Department of Homeland Security, and other Federal
agencies that the National Cyber Director deems appropriate.
``(7) Rule of construction.--Nothing in this subsection may be
construed--
``(A) to preclude the head of the Bureau from being
designated as an Assistant Secretary, if such an Assistant
Secretary position does not increase the number of Assistant
Secretary positions at the Department above the number
authorized under subsection (c)(1); or
``(B) to alter or modify the existing authorities of any
other Federal agency or official.''.
(b) Sense of Congress.--It is the sense of Congress that the Bureau
established under section 1(i) of the State Department Basic
Authorities Act of 1956, as added by subsection (a), should have a
diverse workforce composed of qualified individuals, including
individuals belonging to an underrepresented group.
(c) United Nations.--The Permanent Representative of the United
States to the United Nations should use the voice, vote, and influence
of the United States to oppose any measure that is inconsistent with
the policy described in section 9501(a).
SEC. 9503. INTERNATIONAL CYBERSPACE AND DIGITAL POLICY STRATEGY.
(a) Strategy Required.--Not later than 1 year after the date of the
enactment of this Act, the President, acting through the Secretary, and
in coordination with the heads of other relevant Federal departments
and agencies, shall develop an international cyberspace and digital
policy strategy.
(b) Elements.--The strategy required under subsection (a) shall
include--
(1) a review of actions and activities undertaken to support
the policy described in section 9501(a);
(2) a plan of action to guide the diplomacy of the Department
with regard to foreign countries, including--
(A) conducting bilateral and multilateral activities--
(i) to develop and support the implementation of norms
of responsible country behavior in cyberspace consistent
with the commitments listed in section 9501(b)(5);
(ii) to reduce the frequency and severity of
cyberattacks on United States individuals, businesses,
governmental agencies, and other organizations;
(iii) to reduce cybersecurity risks to United States
and allied critical infrastructure;
(iv) to improve allies' and partners' collaboration
with the United States on cybersecurity issues, including
information sharing, regulatory coordination and
improvement, and joint investigatory and law enforcement
operations related to cybercrime; and
(v) to share best practices and advance proposals to
strengthen civilian and private sector resiliency to
threats and access to opportunities in cyberspace; and
(B) reviewing the status of existing efforts in relevant
multilateral fora, as appropriate, to obtain commitments on
international norms regarding cyberspace;
(3) a review of alternative concepts for international norms
regarding cyberspace offered by foreign countries;
(4) a detailed description, in consultation with the Office of
the National Cyber Director and relevant Federal agencies, of new
and evolving threats regarding cyberspace from foreign adversaries,
state-sponsored actors, and non-state actors to--
(A) United States national security;
(B) the Federal and private sector cyberspace
infrastructure of the United States;
(C) intellectual property in the United States; and
(D) the privacy and security of citizens of the United
States;
(5) a review of the policy tools available to the President to
deter and de-escalate tensions with foreign countries, state-
sponsored actors, and private actors regarding--
(A) threats in cyberspace;
(B) the degree to which such tools have been used; and
(C) whether such tools have been effective deterrents;
(6) a review of resources required to conduct activities to
build responsible norms of international cyber behavior;
(7) a review, in coordination with the Office of the National
Cyber Director and the Office of Management and Budget, to
determine whether the budgetary resources, technical expertise,
legal authorities, and personnel available to the Department are
adequate to achieve the actions and activities undertaken by the
Department to support the policy described in section 9501(a);
(8) a review to determine whether the Department is properly
organized and coordinated with other Federal agencies to achieve
the objectives described in section 9501(b); and
(9) a plan of action, developed in coordination with the
Department of Defense and in consultation with other relevant
Federal departments and agencies as the President may direct, with
respect to the inclusion of cyber issues in mutual defense
agreements.
(c) Form of Strategy.--
(1) Public availability.--The strategy required under
subsection (a) shall be available to the public in unclassified
form, including through publication in the Federal Register.
(2) Classified annex.--The strategy required under subsection
(a) may include a classified annex.
(d) Briefing.--Not later than 30 days after the completion of the
strategy required under subsection (a), the Secretary shall brief the
Committee on Foreign Relations of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Armed Services of the
Senate, the Committee on Foreign Affairs of the House of
Representatives, the Permanent Select Committee on Intelligence of the
House of Representatives, and the Committee on Armed Services of the
House of Representatives regarding the strategy, including any material
contained in a classified annex.
(e) Updates.--The strategy required under subsection (a) shall be
updated--
(1) not later than 90 days after any material change to United
States policy described in such strategy; and
(2) not later than 1 year after the inauguration of each new
President.
SEC. 9504. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CYBER DIPLOMACY.
Not later than 18 months after the date of the enactment of this
Act, the Comptroller General of the United States shall submit a report
and provide a briefing to the appropriate congressional committees that
includes--
(1) an assessment of the extent to which United States
diplomatic processes and other efforts with foreign countries,
including through multilateral fora, bilateral engagements, and
negotiated cyberspace agreements, advance the full range of United
States interests regarding cyberspace, including the policy
described in section 9501(a);
(2) an assessment of the Department's organizational structure
and approach to managing its diplomatic efforts to advance the full
range of United States interests regarding cyberspace, including a
review of--
(A) the establishment of a Bureau within the Department to
lead the Department's international cyber mission;
(B) the current or proposed diplomatic mission, structure,
staffing, funding, and activities of such Bureau;
(C) how the establishment of such Bureau has impacted or is
likely to impact the structure and organization of the
Department; and
(D) what challenges, if any, the Department has faced or
will face in establishing such Bureau; and
(3) any other matters that the Comptroller General determines
to be relevant.
SEC. 9505. REPORT ON DIPLOMATIC PROGRAMS TO DETECT AND RESPOND TO CYBER
THREATS AGAINST ALLIES AND PARTNERS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary, in coordination with the heads of other relevant
Federal agencies, shall submit a report to the appropriate
congressional committees that assesses the capabilities of the
Department to provide civilian-led support for acute cyber incident
response in ally and partner countries that includes--
(1) a description and assessment of the Department's
coordination with cyber programs and operations of the Department
of Defense and the Department of Homeland Security;
(2) recommendations on how to improve coordination and
executive of Department involvement in programs or operations to
support allies and partners in responding to acute cyber incidents;
and
(3) the budgetary resources, technical expertise, legal
authorities, and personnel needed for the Department to formulate
and implement the programs described in this section.
SEC. 9506. CYBERSECURITY RECRUITMENT AND RETENTION.
(a) Sense of Congress.--It is the sense of Congress that improving
computer programming language proficiency will improve--
(1) the cybersecurity effectiveness of the Department; and
(2) the ability of foreign service officers to engage with
foreign audiences on cybersecurity matters.
(b) Technology Talent Acquisition.--
(1) Establishment.--The Secretary shall establish positions
within the Bureau of Global Talent Management that are solely
dedicated to the recruitment and retention of Department personnel
with backgrounds in cybersecurity, engineering, data science,
application development, artificial intelligence, critical and
emerging technology, and technology and digital policy.
(2) Goals.--The goals of the positions described in paragraph
(1) shall be--
(A) to fulfill the critical need of the Department to
recruit and retain employees for cybersecurity, digital, and
technology positions;
(B) to actively recruit relevant candidates from academic
institutions, the private sector, and related industries;
(C) to work with the Office of Personnel Management and the
United States Digital Service to develop and implement best
strategies for recruiting and retaining technology talent; and
(D) to inform and train supervisors at the Department on
the use of the authorities listed in subsection (c)(1).
(3) Implementation plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit a
plan to the appropriate congressional committees that describes how
the objectives and goals set forth in paragraphs (1) and (2) will
be implemented.
(4) Authorization of appropriations.--There is authorized to be
appropriated $750,000 for each of the fiscal years 2023 through
2027 to carry out this subsection.
(c) Annual Report on Hiring Authorities.--Not later than 1 year
after the date of the enactment of this Act, and annually thereafter
for the following 5 years, the Secretary shall submit a report to the
appropriate congressional committees that includes--
(1) a list of the hiring authorities available to the
Department to recruit and retain personnel with backgrounds in
cybersecurity, engineering, data science, application development,
artificial intelligence, critical and emerging technology, and
technology and digital policy;
(2) a list of which hiring authorities described in paragraph
(1) have been used during the previous 5 years;
(3) the number of employees in qualified positions hired,
aggregated by position and grade level or pay band;
(4) the number of employees who have been placed in qualified
positions, aggregated by bureau and offices within the Department;
(5) the rate of attrition of individuals who begin the hiring
process and do not complete the process and a description of the
reasons for such attrition;
(6) the number of individuals who are interviewed by subject
matter experts and the number of individuals who are not
interviewed by subject matter experts; and
(7) recommendations for--
(A) reducing the attrition rate referred to in paragraph
(5) by 5 percent each year;
(B) additional hiring authorities needed to acquire needed
technology talent;
(C) hiring personnel to hold public trust positions until
such personnel can obtain the necessary security clearance; and
(D) informing and training supervisors within the
Department on the use of the authorities listed in paragraph
(1).
(d) Incentive Pay for Cybersecurity Professionals.--To increase the
number of qualified candidates available to fulfill the cybersecurity
needs of the Department, the Secretary shall--
(1) include computer programming languages within the
Recruitment Language Program; and
(2) provide appropriate language incentive pay.
(e) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for the following 5 years, the
Secretary shall provide a list to the appropriate congressional
committees that identifies--
(1) the computer programming languages included within the
Recruitment Language Program and the language incentive pay rate;
and
(2) the number of individuals benefitting from the inclusion of
such computer programming languages in the Recruitment Language
Program and language incentive pay.
SEC. 9507. SHORT COURSE ON EMERGING TECHNOLOGIES FOR SENIOR OFFICIALS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop and begin providing,
for senior officials of the Department, a course addressing how the
most recent and relevant technologies affect the activities of the
Department.
(b) Throughput Objectives.--The Secretary should ensure that--
(1) during the first year that the course developed pursuant to
subsection (a) is offered, not fewer than 20 percent of senior
officials are certified as having passed such course; and
(2) in each subsequent year, until the date on which 80 percent
of senior officials are certified as having passed such course, an
additional 10 percent of senior officials are certified as having
passed such course.
SEC. 9508. ESTABLISHMENT AND EXPANSION OF REGIONAL TECHNOLOGY OFFICER
PROGRAM.
(a) Regional Technology Officer Program.--
(1) Establishment.--The Secretary shall establish a program,
which shall be known as the ``Regional Technology Officer Program''
(referred to in this section as the ``Program'').
(2) Goals.--The goals of the Program shall include the
following:
(A) Promoting United States leadership in technology
abroad.
(B) Working with partners to increase the deployment of
critical and emerging technology in support of democratic
values.
(C) Shaping diplomatic agreements in regional and
international fora with respect to critical and emerging
technologies.
(D) Building diplomatic capacity for handling critical and
emerging technology issues.
(E) Facilitating the role of critical and emerging
technology in advancing the foreign policy objectives of the
United States through engagement with research labs,
incubators, and venture capitalists.
(F) Maintaining the advantages of the United States with
respect to critical and emerging technologies.
(b) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit an implementation
plan to the appropriate congressional committees that outlines
strategies for--
(1) advancing the goals described in subsection (a)(2);
(2) hiring Regional Technology Officers and increasing the
competitiveness of the Program within the Foreign Service bidding
process;
(3) expanding the Program to include a minimum of 15 Regional
Technology Officers; and
(4) assigning not fewer than 2 Regional Technology Officers to
posts within--
(A) each regional bureau of the Department; and
(B) the Bureau of International Organization Affairs.
(c) Annual Briefing Requirement.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary shall brief the appropriate
congressional committees regarding the status of the implementation
plan required under subsection (b).
(d) Authorization of Appropriations.--There is authorized to be
appropriated up to $25,000,000 for each of the fiscal years 2023
through 2027 to carry out this section.
SEC. 9509. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PROGRAM
REPORT.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program'' means
a program under which an approved individual, organization, or
company is temporarily authorized to identify and report
vulnerabilities of internet-facing information technology of the
Department in exchange for compensation.
(2) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101 of
title 40, United States Code.
(b) Vulnerability Disclosure Policy.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall design, establish, and
make publicly known a Vulnerability Disclosure Policy (referred to
in this section as the ``VDP'') to improve Department cybersecurity
by--
(A) creating Department policy and infrastructure to
receive reports of and remediate discovered vulnerabilities in
line with existing policies of the Office of Management and
Budget and the Department of Homeland Security Binding
Operational Directive 20-01 or any subsequent directive; and
(B) providing a report on such policy and infrastructure to
Congress.
(2) Annual reports.--Not later than 180 days after the
establishment of the VDP pursuant to paragraph (1), and annually
thereafter for the following 5 years, the Secretary shall submit a
report on the VDP to the Committee on Foreign Relations of the
Senate, the Committee on Homeland Security and Governmental Affairs
of the Senate, the Select Committee on Intelligence of the Senate,
the Committee on Foreign Affairs of the House of Representatives,
the Committee on Homeland Security of the House of Representatives,
and the Permanent Select Committee on Intelligence of the House of
Representatives that includes information relating to--
(A) the number and severity of all security vulnerabilities
reported;
(B) the number of previously unidentified security
vulnerabilities remediated as a result;
(C) the current number of outstanding previously
unidentified security vulnerabilities and Department of State
remediation plans;
(D) the average time between the reporting of security
vulnerabilities and remediation of such vulnerabilities;
(E) the resources, surge staffing, roles, and
responsibilities within the Department used to implement the
VDP and complete security vulnerability remediation;
(F) how the VDP identified vulnerabilities are incorporated
into existing Department vulnerability prioritization and
management processes;
(G) any challenges in implementing the VDP and plans for
expansion or contraction in the scope of the VDP across
Department information systems; and
(H) any other topic that the Secretary determines to be
relevant.
(c) Bug Bounty Program Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to
Congress that describes any ongoing efforts by the Department or a
third-party vendor under contract with the Department to establish
or carry out a bug bounty program that identifies security
vulnerabilities of internet-facing information technology of the
Department.
(2) Report.--Not later than 180 days after the date on which
any bug bounty program is established, the Secretary shall submit a
report to the Committee on Foreign Relations of the Senate, the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Homeland Security of the
House of Representatives regarding such program, including
information relating to--
(A) the number of approved individuals, organizations, or
companies involved in such program, disaggregated by the number
of approved individuals, organizations, or companies that--
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities; and
(iv) received compensation;
(B) the number and severity of all security vulnerabilities
reported as part of such program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans for such outstanding vulnerabilities;
(E) the average length of time between the reporting of
security vulnerabilities and remediation of such
vulnerabilities;
(F) the types of compensation provided under such program;
(G) the lessons learned from such program;
(H) the public accessibility of contact information for the
Department regarding the bug bounty program;
(I) the incorporation of bug bounty program identified
vulnerabilities into existing Department vulnerability
prioritization and management processes; and
(J) any challenges in implementing the bug bounty program
and plans for expansion or contraction in the scope of the bug
bounty program across Department information systems.
TITLE XCVI--PUBLIC DIPLOMACY
SEC. 9601. UNITED STATES PARTICIPATION IN INTERNATIONAL FAIRS AND
EXPOSITIONS.
(a) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(b) Authorization of Appropriations.--Consistent with section 204
of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C. 2452b),
subject to subsections (c) and (d), there is authorized to be
appropriated to the Department up to $25,000,000 for each of the fiscal
years 2023 and 2024 for United States participation in international
fairs and expositions abroad, including for the construction and
operation of a United States pavilion at Expo 2025 Osaka.
(c) Cost-share Requirement.--Amounts made available pursuant to
subsection (b) to the Department for a United States pavilion or other
major exhibit at an international fair or exposition abroad shall be
made available on a cost-matching basis, to the maximum extent
practicable, from sources other than the United States Government.
(d) Notification.--
(1) In general.--No funds made available pursuant to subsection
(b) to the Department for a United States pavilion or other major
exhibit at an international fair or exposition abroad may be
obligated until at least 15 days after the appropriate committees
of Congress have been notified of such intended obligation.
(2) Matters to be included.--Each notification under paragraph
(1) shall include--
(A) a description of the source of such funds, including
any funds reprogrammed or transferred by the Department to be
made available for such pavilion or other major exhibit abroad;
(B) an estimate of the amount of investment such pavilion
or other major exhibit abroad could bring to the United States;
and
(C) a description of the strategy of the Department to
identify and obtain such matching funds from sources other than
the United States Government, in accordance with subsection
(c).
(e) Final Report.--Not later than 180 days after the date on which
a United States pavilion or other major exhibit abroad is opened at an
international fair or exposition in accordance with this section, the
Secretary shall submit a report to the appropriate committees of
Congress that includes--
(1) the number of United States businesses that participated in
such pavilion or other major exhibit; and
(2) the dollar amount and source of any matching funds obtained
by the Department.
SEC. 9602. UNDER SECRETARY FOR PUBLIC DIPLOMACY AND PUBLIC AFFAIRS.
(a) Financial and Human Resources Coordination.--Section 1(b)(3) of
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) coordinate the allocation and management of the
financial and human resources for public diplomacy, including
for--
``(i) the Bureau of Educational and Cultural Affairs;
``(ii) the Bureau of Global Public Affairs;
``(iii) the Office of Policy, Planning, and Resources
for Public Diplomacy and Public Affairs;
``(iv) the Global Engagement Center; and
``(v) the public diplomacy functions within the
regional and functional bureaus.''.
(b) Sense of Congress on the Importance of Filling the Position of
Under Secretary for Public Diplomacy and Public Affairs.--It is the
sense of Congress that since a vacancy in the position of Under
Secretary of State for Public Diplomacy and Public Affairs is
detrimental to the national security interests of the United States,
the President should expeditiously nominate a qualified individual to
such position whenever such vacancy occurs to ensure that the bureaus
reporting to such position are able to fulfill their mission of--
(1) expanding and strengthening relationships between the
people of the United States and citizens of other countries; and
(2) engaging, informing, and understanding the perspectives of
foreign audiences.
SEC. 9603. REPORT ON PUBLIC DIPLOMACY.
Not later than 120 days after the date of the enactment of this
Act, the Secretary shall submit to the appropriate congressional
committees a report that includes--
(1) an evaluation of the May 2019 merger of the Bureau of
Public Affairs and the Bureau of International Information Programs
to form the Bureau of Global Public Affairs with respect to--
(A) the efficacy of the current configuration of the
bureaus reporting to the Under Secretary of State for Public
Diplomacy and Public Affairs in achieving the mission of the
Department;
(B) the metrics before and after such merger, including
personnel data, disaggregated by position and location, content
production, opinion polling, program evaluations, and media
appearances;
(C) the results of a survey of public diplomacy
practitioners to determine their opinion of the efficacy of
such merger and any adjustments that still need to be made; and
(D) a plan for evaluating and monitoring, not less
frequently than once every 2 years, the programs, activities,
messaging, professional development efforts, and structure of
the Bureau of Global Public Affairs, and submitting a summary
of each such evaluation to the appropriate congressional
committees; and
(2) a review of recent outside recommendations for modernizing
diplomacy at the Department with respect to public diplomacy
efforts, including--
(A) efforts in each of the bureaus reporting to the Under
Secretary of State for Public Diplomacy and Public Affairs to
address issues of diversity and inclusion in their work,
structure, data collection, programming, and personnel,
including any collaboration with the Chief Diversity and
Inclusion Officer;
(B) proposals to collaborate with think tanks and academic
institutions working on public diplomacy issues to implement
recent outside recommendations; and
(C) additional authorizations and appropriations necessary
to implement such recommendations.
SEC. 9604. PROMOTING PEACE, EDUCATION, AND CULTURAL EXCHANGE THROUGH
MUSIC DIPLOMACY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) music is an important conveyer of culture and can be used
to communicate values and build understanding between communities;
(2) musical artists play a valuable role in cross-cultural
exchange, and their works and performances can promote
peacebuilding and conflict resolution efforts;
(3) the music industry in the United States has made important
contributions to American society and culture, and musicians and
industry professionals in the United States can offer valuable
expertise to young musical artists around the world; and
(4) the United States Government should promote exchange
programs, especially programs that leverage the expertise and
resources of the private sector, that give young musical artists
from around the world the chance--
(A) to improve their skills;
(B) share ideas;
(C) learn about American culture; and
(D) develop the necessary skills to support conflict
resolution and peacebuilding efforts in their communities and
broader societies.
(b) Authorization of Music-related Exchange Programs.--The Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.;
commonly known as the Fulbright-Hays Act) is amended--
(1) in section 102(a)(2) (22 U.S.C. 2452(a)(2))--
(A) in clause (iii), by inserting ``and'' at the end; and
(B) in clause (iv)--
(i) by inserting ``, including in coordination and
consultation with the private sector,'' before ``similar'';
and
(ii) by striking the period at the end and inserting
``; and''; and
(2) in section 112(a) (22 U.S.C. 2460(a))--
(A) in paragraph (8), by striking ``and'' at the end;
(B) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(10) exchange programs, including in coordination and
consultation with the private sector, focused on music and the
performing arts that provide opportunities for foreign nationals
and Americans to build cross-cultural understanding and advance
peace abroad.''.
(c) Private Sector Partnerships.--
(1) In general.--The Secretary should continue--
(A) to partner with the private sector in support of music-
related exchange programs implemented by the Bureau of
Educational and Cultural Affairs (referred to in this section
as the ``ECA'');
(B) to leverage private sector expertise in developing and
implementing such programs; and
(C) to expand networking and mentorship opportunities for
program participants.
(2) Authorization of certain partnerships.--The Secretary is
authorized to partner with the private sector to recognize
musicians--
(A) whose works or performances have advanced peace abroad;
and
(B) who could contribute to networking and mentorship
opportunities for participants of music-related exchange
programs implemented by ECA.
(d) Strategy.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a strategy to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations
of the House of Representatives for advancing United States foreign
policy goals, including conflict resolution and peacebuilding
efforts, through music-related exchange programs implemented by
ECA. Such strategy shall include--
(A) a description of clearly defined annual goals, targets,
and planned outcomes for each music-related exchange program;
(B) a plan to monitor and evaluate each music-related
exchange program and progress made toward achieving such goals,
targets, and planned outcomes, including measurable benchmarks;
(C) a plan to ensure that music-related exchange programs
are promoting United States foreign policy objectives,
including ensuring such programs are clearly branded and paired
with robust public diplomacy efforts;
(D) a plan to pursue partnerships with the private sector
while implementing music-related exchange programs, including
leveraging industry expertise and expanding networking and
mentorship opportunities for program participants;
(E) examples of how ECA's music-related exchange programs
have contributed to conflict resolution and peacebuilding
efforts to date, including through participant and alumni
actions;
(F) a description of lessons learned regarding how to
better encourage conflict resolution and peacebuilding efforts
through ECA's music-related exchange programs; and
(G) a plan to incorporate such lessons learned into
relevant current and future programming.
(2) Consultation.--In developing the strategy required under
paragraph (1), the Secretary shall consult with the appropriate
congressional committees and relevant private sector partners.
TITLE XCVII--OTHER MATTERS
SEC. 9701. SUPPORTING THE EMPLOYMENT OF UNITED STATES CITIZENS BY
INTERNATIONAL ORGANIZATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department should continue to eliminate the
unreasonable barriers United States nationals face to obtain
employment in the United Nations Secretariat, funds, programs, and
agencies; and
(2) the Department should bolster efforts to increase the
number of qualified United States nationals who are candidates for
leadership and oversight positions in the United Nations system,
agencies, and commissions, and in other international
organizations.
(b) In General.--The Secretary is authorized to promote the
employment and advancement of United States citizens by international
organizations and bodies, including by--
(1) providing stipends, consultation, and analytical services
to support United States citizen applicants; and
(2) making grants for the purposes described in paragraph (1).
(c) Using Diplomatic Programs Funding To Promote the Employment of
United States Citizens by International Organizations.--Amounts
appropriated under the heading ``Diplomatic Programs'' in Acts making
appropriations for the Department of State, Foreign Operations, and
Related Programs are authorized to be appropriated for grants,
programs, and activities described in subsection (b).
(d) Strategy to Establish Junior Professional Program.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Secretary, in coordination with the
Secretary of the Treasury and other relevant cabinet members, shall
publish a strategy for encouraging United States citizens to pursue
careers with international organizations, particularly
organizations that--
(A) set international scientific, technical, or commercial
standards; or
(B) are involved in international finance and development.
(2) Report to congress.--Not later than 90 days after the date
of the enactment of this Act, the Secretary, in coordination with
the Secretary of the Treasury and other relevant cabinet members,
shall submit a report to the appropriate congressional committees
that identifies--
(A) the number of United States citizens who are involved
in relevant junior professional programs in an international
organization;
(B) the distribution of individuals described in
subparagraph (A) among various international organizations; and
(C) the types of pre-deployment training that are available
to United States citizens through a junior professional program
at an international organization.
SEC. 9702. INCREASING HOUSING AVAILABILITY FOR CERTAIN EMPLOYEES
ASSIGNED TO THE UNITED STATES MISSION TO THE UNITED NATIONS.
Section 9(2) of the United Nations Participation Act of 1945 (22
U.S.C. 287e-1(2)), is amended by striking ``30'' and inserting ``41''.
SEC. 9703. LIMITATION ON UNITED STATES CONTRIBUTIONS TO PEACEKEEPING
OPERATIONS NOT AUTHORIZED BY THE UNITED NATIONS SECURITY COUNCIL.
The United Nations Participation Act of 1945 (22 U.S.C. 287 et
seq.) is amended by adding at the end the following:
``SEC. 12. LIMITATION ON UNITED STATES CONTRIBUTIONS TO PEACEKEEPING
OPERATIONS NOT AUTHORIZED BY THE UNITED NATIONS SECURITY COUNCIL.
``None of the funds authorized to be appropriated or otherwise made
available to pay assessed and other expenses of international
peacekeeping activities under this Act may be made available for an
international peacekeeping operation that has not been expressly
authorized by the United Nations Security Council.''.
SEC. 9704. BOARDS OF RADIO FREE EUROPE/RADIO LIBERTY, RADIO FREE ASIA,
THE MIDDLE EAST BROADCASTING NETWORKS, AND THE OPEN TECHNOLOGY FUND.
The United States International Broadcasting Act of 1994 (22 U.S.C.
6201 et seq.) is amended by inserting after section 306 (22 U.S.C.
6205) the following:
``SEC. 307. GRANTEE CORPORATE BOARDS OF DIRECTORS.
``(a) In General.--The corporate board of directors of each grantee
under this title--
``(1) shall be bipartisan;
``(2) shall, except as otherwise provided in this Act, have the
sole responsibility to operate their respective grantees within the
jurisdiction of their respective States of incorporation;
``(3) shall be composed of not fewer than 5 members, who shall
be qualified individuals who are not employed in the public sector;
and
``(4) shall appoint successors in the event of vacancies on
their respective boards, in accordance with applicable bylaws.
``(b) Not Federal Employees.--No employee of any grantee under this
title may be a Federal employee.''.
SEC. 9705. BROADCASTING ENTITIES NO LONGER REQUIRED TO CONSOLIDATE INTO
A SINGLE PRIVATE, NONPROFIT CORPORATION.
Section 310 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6209) is amended. to read as follows:
``SEC. 310. INCORPORATION AND NON-FEDERAL STATUS OF BROADCASTING
ENTITIES.
``(a) Defined Term.--In this chapter--
``(1) the term `grant' includes agreements under section 6305
of title 31, United States Code; and
``(2) the term `grantee' includes recipients of an agreement
described in paragraph (1).
``(b) Incorporation.--The Chief Executive Officer is authorized to
incorporate grantees in accordance with the regular notification
procedures of--
``(1) the Committee on Appropriations of the Senate;
``(2) the Committee on Foreign Relations of the Senate;
``(3) the Committee on Appropriations of the House of
Representatives; and
``(4) the Committee on Foreign Affairs of the House of
Representatives.
``(c) Federal Status.--Nothing in this chapter or in any other Act,
and no action taken pursuant to this chapter or any other Act, may be
construed to make a grantee incorporated pursuant to subsection (b), or
any other grantee or entity provided funding by the Agency, a Federal
agency or instrumentality.
``(d) Leadership of Grantee Organizations.--The chief executive
officer or the equivalent official of RFE/RL Inc., Radio Free Asia, the
Open Technology Fund, and the Middle East Broadcasting Networks, and
any other organization that is established or authorized under this
chapter, shall serve at the pleasure of, and may be named by, the Chief
Executive Officer of the Agency, with the concurrence of the Grantee
Board and subject to the approval of the Advisory Board pursuant to
section 306.''.
SEC. 9706. INTERNATIONAL BROADCASTING ACTIVITIES.
Section 305(a) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6204(a)) is amended--
(1) in paragraph (1), by striking ``direct and'';
(2) by striking paragraph (20);
(3) by redesignating paragraphs (21), (22), and (23) as
paragraphs (20), (21), and (22), respectively; and
(4) in paragraph (22), as redesignated, by striking ``and to
condition grants'' and all that follows and inserting a period.
SEC. 9707. GLOBAL INTERNET FREEDOM.
(a) Statement of Policy.--It is the policy of the United States to
promote internet freedom through programs of the Department and USAID
that preserve and expand the internet as an open, global space for
freedom of expression and association, which shall be prioritized for
countries--
(1) whose governments restrict freedom of expression on the
internet; and
(2) that are important to the national interest of the United
States.
(b) Purpose and Coordination With Other Programs.--Global internet
freedom programming under this section--
(1) shall be coordinated with other United States foreign
assistance programs that promote democracy and support the efforts
of civil society--
(A) to counter the development of repressive internet-
related laws and regulations, including countering threats to
internet freedom at international organizations;
(B) to combat violence against bloggers and other civil
society activists who utilize the internet; and
(C) to enhance digital security training and capacity
building for democracy activists;
(2) shall seek to assist efforts--
(A) to research key threats to internet freedom;
(B) to continue the development of technologies that
provide or enhance access to the internet, including
circumvention tools that bypass internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and
(C) to maintain the technological advantage of the Federal
Government over the censorship techniques described in
subparagraph (B); and
(3) shall be incorporated into country assistance and democracy
promotion strategies, as appropriate.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2023--
(1) $75,000,000 to the Department and USAID, to continue
efforts to promote internet freedom globally, and shall be matched,
to the maximum extent practicable, by sources other than the
Federal Government, including the private sector; and
(2) $49,000,000 to the United States Agency for Global Media
(referred to in this section as the ``USAGM'') and its grantees,
for internet freedom and circumvention technologies that are
designed--
(A) for open-source tools and techniques to securely
develop and distribute digital content produced by the USAGM
and its grantees;
(B) to facilitate audience access to such digital content
on websites that are censored;
(C) to coordinate the distribution of such digital content
to targeted regional audiences; and
(D) to promote and distribute such tools and techniques,
including digital security techniques.
(d) United States Agency for Global Media Activities.--
(1) Annual certification.--For any new tools or techniques
authorized under subsection (c)(2), the Chief Executive Officer of
the USAGM, in consultation with the President of the Open
Technology Fund (referred to in this subsection as the ``OTF'') and
relevant Federal departments and agencies, shall submit an annual
certification to the appropriate congressional committees that
verifies they--
(A) have evaluated the risks and benefits of such new tools
or techniques; and
(B) have established safeguards to minimize the use of such
new tools or techniques for illicit purposes.
(2) Information sharing.--The Secretary may not direct programs
or policy of the USAGM or the OTF, but may share any research and
development with relevant Federal departments and agencies for the
exclusive purposes of--
(A) sharing information, technologies, and best practices;
and
(B) assessing the effectiveness of such technologies.
(3) United states agency for global media.--The Chief Executive
Officer of the USAGM, in consultation with the President of the
OTF, shall--
(A) coordinate international broadcasting programs and
incorporate such programs into country broadcasting strategies,
as appropriate;
(B) solicit project proposals through an open, transparent,
and competitive application process, including by seeking input
from technical and subject matter experts; and
(C) support internet circumvention tools and techniques for
audiences in countries that are strategic priorities for the
OTF, in accordance with USAGM's annual language service
prioritization review.
(e) USAGM Report.--Not later than 120 days after the date of the
enactment of this Act, the Chief Executive Office of the USAGM shall
submit a report to the appropriate congressional committees that
describes--
(1) as of the date of the report--
(A) the full scope of internet freedom programs within the
USAGM, including--
(i) the efforts of the Office of Internet Freedom; and
(ii) the efforts of the Open Technology Fund;
(B) the capacity of internet censorship circumvention tools
supported by the Office of Internet Freedom and grantees of the
Open Technology Fund that are available for use by individuals
in foreign countries seeking to counteract censors; and
(C) any barriers to the provision of the efforts described
in clauses (i) and (ii) of subparagraph (A), including access
to surge funding; and
(2) successful examples from the Office of Internet Freedom and
Open Technology Fund involving--
(A) responding rapidly to internet shutdowns in closed
societies; and
(B) ensuring uninterrupted circumvention services for USAGM
entities to promote internet freedom within repressive regimes.
(f) Joint Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary and the Administrator of USAID
shall jointly submit a report, which may include a classified annex, to
the appropriate congressional committees that describes--
(1) as of the date of the report--
(A) the full scope of internet freedom programs within the
Department and USAID, including--
(i) Department circumvention efforts; and
(ii) USAID efforts to support internet infrastructure;
(B) the capacity of internet censorship circumvention tools
supported by the Federal Government that are available for use
by individuals in foreign countries seeking to counteract
censors; and
(C) any barriers to provision of the efforts enumerated in
clauses (i) and (ii) of subsection (e)(1)(A), including access
to surge funding; and
(2) any new resources needed to provide the Federal Government
with greater capacity to provide and boost internet access--
(A) to respond rapidly to internet shutdowns in closed
societies; and
(B) to provide internet connectivity to foreign locations
where the provision of additional internet access service would
promote freedom from repressive regimes.
(g) Security Audits.--Before providing any support for open source
technologies under this section, such technologies must undergo
comprehensive security audits to ensure that such technologies are
secure and have not been compromised in a manner that is detrimental to
the interest of the United States or to the interests of individuals
and organizations benefitting from programs supported by such funding.
(h) Surge.--
(1) Authorization of appropriations.--Subject to paragraph (2),
there is authorized to be appropriated, in addition to amounts
otherwise made available for such purposes, up to $2,500,000 to
support internet freedom programs in closed societies, including
programs that--
(A) are carried out in crisis situations by vetted entities
that are already engaged in internet freedom programs;
(B) involve circumvention tools; or
(C) increase the overseas bandwidth for companies that
received Federal funding during the previous fiscal year.
(2) Certification.--Amounts authorized to be appropriated
pursuant to paragraph (1) may not be expended until the Secretary
has certified to the appropriate congressional committees, the
Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives that the use of such
funds is in the national interest of the United States.
(i) Defined Term.--In this section, the term ``internet censorship
circumvention tool'' means a software application or other tool that an
individual can use to evade foreign government restrictions on internet
access.
SEC. 9708. ARMS EXPORT CONTROL ACT ALIGNMENT WITH THE EXPORT CONTROL
REFORM ACT.
Section 38(e) of the Arms Export Control Act (22 U.S.C. 2778(e)) is
amended--
(1) by striking ``subsections (c), (d), (e), and (g) of section
11 of the Export Administration Act of 1979, and by subsections (a)
and (c) of section 12 of such Act'' and inserting ``subsections (c)
and (d) of section 1760 of the Export Control Reform Act of 2018
(50 U.S.C. 4819), and by subsections (a)(1), (a)(2), (a)(3),
(a)(4), (a)(7), (c), and (h) of section 1761 of such Act (50 U.S.C.
4820)'';
(2) by striking ``11(c)(2)(B) of such Act'' and inserting
``1760(c)(2) of such Act (50 U.S.C. 4819(c)(2))'';
(3) by striking ``11(c) of the Export Administration Act of
1979'' and inserting ``section 1760(c) of the Export Control Reform
Act of 2018 (50 U.S.C. 4819(c))''; and
(4) by striking ``$500,000'' and inserting ``the greater of
$1,200,000 or the amount that is twice the value of the transaction
that is the basis of the violation with respect to which the
penalty is imposed.''.
SEC. 9709. INCREASING THE MAXIMUM ANNUAL LEASE PAYMENT AVAILABLE
WITHOUT APPROVAL BY THE SECRETARY.
Section 10(a) of the Foreign Service Buildings Act, 1926 (22 U.S.C.
301(a)), is amended by striking ``$50,000'' and inserting ``$100,000''.
SEC. 9710. REPORT ON UNITED STATES ACCESS TO CRITICAL MINERAL RESOURCES
ABROAD.
Not later than 120 days after the date of the enactment of this
Act, the Secretary shall submit a report to the appropriate
congressional committees that details, with regard to the Department--
(1) diplomatic efforts to ensure United States access to
critical minerals acquired from outside of the United States that
are used to manufacture clean energy technologies; and
(2) collaboration with other parts of the Federal Government to
build a robust supply chain for critical minerals necessary to
manufacture clean energy technologies.
SEC. 9711. OVERSEAS UNITED STATES STRATEGIC INFRASTRUCTURE DEVELOPMENT
PROJECTS.
(a) Assessment of Impact to United States National Security of
Infrastructure Projects by the People's Republic of China in the
Developing World.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to the appropriate congressional committees, the
Select Committee on Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House of Representatives
regarding the One Belt, One Road Initiative, which is the global
infrastructure development strategy initiated by the Government of the
People's Republic of China in 2013.
(b) Report Elements.--The report required under subsection (a)
shall--
(1) describe the nature and cost of One Belt, One Road
Initiative investments, operation, and construction of strategic
infrastructure projects, including logistics, refining, and
processing industries and resource facilities, and critical and
strategic mineral resource extraction projects, including an
assessment of--
(A) the strategic benefits of such investments that are
derived by the People's Republic of China and the host nation;
and
(B) the negative impacts of such investments to the host
nation and to United States interests;
(2) describe the nature and total funding of United States'
strategic infrastructure investments and construction, such as
projects financed through initiatives such as Prosper Africa and
the Millennium Challenge Corporation;
(3) assess the national security threats posed by the foreign
infrastructure investment gap between the People's Republic of
China and the United States, including strategic infrastructure,
such as ports, market access to, and the security of, critical and
strategic minerals, digital and telecommunications infrastructure,
threats to the supply chains, and general favorability towards the
People's Republic of China and the United States among the
populations of host countries;
(4) assess the opportunities and challenges for companies based
in the United States and companies based in United States partner
and allied countries to invest in foreign strategic infrastructure
projects in countries where the People's Republic of China has
focused these types of investments;
(5) identify challenges and opportunities for the United States
Government and United States partners and allies to more directly
finance and otherwise support foreign strategic infrastructure
projects, including an assessment of the authorities and
capabilities of United States agencies, departments, public-private
partnerships, and international or multilateral organizations to
support such projects without undermining United States domestic
industries, such as domestic mineral deposits; and
(6) include recommendations for United States Government
agencies to undertake or increase support for United States
businesses to support foreign, large-scale, strategic
infrastructure projects, such as roads, power grids, and ports.
SEC. 9712. PROVISION OF PARKING SERVICES AND RETENTION OF PARKING FEES.
The Secretary of State may--
(1) provide parking services, including electric vehicle
charging and other parking services, in facilities operated by or
for the Department; and
(2) charge fees for such services that may be deposited into
the appropriate account of the Department, to remain available
until expended for the purposes of such account, provided that the
fees shall not exceed the cost of the providing such services.
SEC. 9713. DIPLOMATIC RECEPTION AREAS.
(a) Defined Term.--In this section, the term ``reception areas''
has the meaning given such term in section 41(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2713(c)).
(b) In General.--The Secretary may sell goods and services at fair
market value and use the proceeds of such sales for administration and
related support of the reception areas.
(c) Amounts Collected.--Amounts collected pursuant to the authority
provided under subsection (b) may be deposited into an account in the
Treasury, to remain available until expended.
SEC. 9714. RETURN OF SUPPORTING DOCUMENTS FOR PASSPORT APPLICATIONS
THROUGH UNITED STATES POSTAL SERVICE CERTIFIED MAIL.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a procedure that
provides, to any individual applying for a new United States passport
or to renew the United States passport of the individual by mail, the
option to have supporting documents for the application returned to the
individual by the United States Postal Service through certified mail.
(b) Cost.--
(1) Responsibility.--The cost of returning supporting documents
to an individual as described in subsection (a) shall be the
responsibility of the individual.
(2) Fee.--The fee charged to the individual by the Secretary
for returning supporting documents as described in subsection (a)
shall be the sum of--
(A) the retail price charged by the United States Postal
Service for the service; and
(B) the estimated cost of processing the return of the
supporting documents.
(3) Report.--Not later than 30 days after the establishment of
the procedure required under subsection (a), the Secretary shall
submit a report to the appropriate congressional committees that--
(A) details the costs included in the processing fee
described in paragraph (2); and
(B) includes an estimate of the average cost per request.
SEC. 9715. REPORT ON DISTRIBUTION OF PERSONNEL AND RESOURCES RELATED TO
ORDERED DEPARTURES AND POST CLOSURES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall submit a report to the appropriate
congressional committees that describes--
(1) how Department personnel and resources dedicated to Mission
Afghanistan were reallocated following the closure of diplomatic
posts in Afghanistan in August 2021; and
(2) the extent to which Department personnel and resources for
Mission Iraq were reallocated following ordered departures for
diplomatic posts in March 2020, and how such resources were
reallocated.
SEC. 9716. ELIMINATION OF OBSOLETE REPORTS.
(a) Certification of Effectiveness of the Australia Group.--Section
2(7) of Senate Resolution 75 (105th Congress) is amended by striking
subparagraph (C).
(b) Plans to Implement the Gandhi-King Scholarly Exchange
Initiative.--The Gandhi-King Scholarly Exchange Initiative Act
(subtitle D of title III of division FF of Public Law 116-260) is
amended by striking section 336.
(c) Progress Report on Jerusalem Embassy.--The Jerusalem Embassy
Act of 1995 (Public Law 104-45) is amended by striking section 6.
(d) Presidential Anti-pedophilia Certification.--Section 102 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236) is amended by striking subsection (g).
(e) Microenterprise for Self-reliance Report.--Title III of the
Microenterprise for Self-Reliance and International Anti-Corruption Act
of 2000 (Public Law 106-309; 22 U.S.C. 2462 note) is amended by
striking section 304.
SEC. 9717. LOCALITY PAY FOR FEDERAL EMPLOYEES WORKING OVERSEAS UNDER
DOMESTIC EMPLOYEE TELEWORKING OVERSEAS AGREEMENTS.
(a) Definitions.--In this section:
(1) Civil service.--The term ``civil service'' has the meaning
given the term in section 2101 of title 5, United States Code.
(2) Covered employee.--The term ``covered employee'' means an
employee who--
(A) occupies a position in the civil service; and
(B) is working overseas under a Domestic Employee
Teleworking Overseas agreement.
(3) Locality pay.--The term ``locality pay'' means a locality-
based comparability payment paid in accordance with subsection (b).
(4) Nonforeign area.--The term ``nonforeign area'' has the
meaning given the term in section 591.205 of title 5, Code of
Federal Regulations, or any successor regulation.
(5) Overseas.--The term ``overseas'' means any geographic
location that is not in--
(A) the continental United States; or
(B) a nonforeign area.
(b) Payment of Locality Pay.--Each covered employee shall be paid
locality pay in an amount that is equal to the lesser of--
(1) the amount of a locality-based comparability payment that
the covered employee would have been paid under section 5304 or
5304a of title 5, United States Code, had the official duty station
of the covered employee not been changed to reflect an overseas
location under the applicable Domestic Employee Teleworking
Overseas agreement; or
(2) the amount of a locality-based comparability payment that
the covered employee would be paid under section 1113 of the
Supplemental Appropriations Act, 2009 (Public Law 111-32), as
limited under section 9802(c)(2) of this Act, if the covered
employee were an eligible member of the Foreign Service (as defined
in subsection (b) of such section 1113).
(c) Application.--Locality pay paid to a covered employee under
this section--
(1) shall begin to be paid not later than 60 days after the
date of the enactment of this Act; and
(2) shall be treated in the same manner, and subject to the
same terms and conditions, as a locality-based comparability
payment paid under section 5304 or 5304a of title 5, United States
Code.
SEC. 9718. REPORT ON COUNTERING THE ACTIVITIES OF MALIGN ACTORS.
(a) Report.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary, in consultation with the
Secretary of the Treasury and the Administrator, shall submit a
report to the Committee on Foreign Relations of the Senate, the
Committee on Armed Services of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign Affairs of the
House of Representatives, the Committee on Armed Services of the
House of Representatives, and the Permanent Select Committee on
Intelligence of the House of Representatives regarding United
States diplomatic efforts in Africa in achieving United States
policy goals and countering the activities of malign actors.
(2) Elements.--The report required under paragraph (1) shall
include--
(A) case studies from Mali, Sudan, the Central African
Republic, the Democratic Republic of the Congo, Burkina Faso,
and South Sudan, with the goal of assessing the effectiveness
of diplomatic tools during the 5-year period ending on the date
of the enactment of this Act; and
(B) an assessment of--
(i) the extent and effectiveness of certain diplomatic
tools to advance United States priorities in the respective
case study countries, including--
(I) in-country diplomatic presence;
(II) humanitarian and development assistance;
(III) support for increased 2-way trade and
investment;
(IV) United States security assistance;
(V) public diplomacy; and
(VI) accountability measures, including sanctions;
(ii) whether the use of the diplomatic tools described
in clause (i) achieved the diplomatic ends for which they
were intended; and
(iii) the means by which the Russian Federation and the
People's Republic of China exploited any openings for
diplomatic engagement in the case study countries.
(b) Form.--The report required under subsection (b) shall be
submitted in classified form.
(c) Classified Briefing Required.--Not later than 1 year after the
date of the enactment of this Act, the Secretary and the Administrator
shall jointly brief Congress regarding the report required under
subsection (b).
TITLE XCVIII--EXTENSION OF AUTHORITIES
SEC. 9801. DIPLOMATIC FACILITIES.
For the purposes of calculating the costs of providing new United
States diplomatic facilities in any fiscal year, in accordance with
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and Budget,
shall determine the annual program level and agency shares for such
fiscal year in a manner that is proportional to the contribution of the
Department of State for this purpose.
SEC. 9802. EXTENSION OF EXISTING AUTHORITIES.
(a) Passport Fees.--Section 1(b)(2) of the Passport Act of June 4,
1920 (22 U.S.C. 214(b)(2)) shall be applied by striking ``September 30,
2010'' and inserting ``September 30, 2026''.
(b) USAID Civil Service Annuitant Waiver.--Section 625(j)(1)(B) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)(B)) shall be
applied by striking ``October 1, 2010'' and inserting ``September 30,
2024''.
(c) Overseas Pay Comparability and Limitation.--
(1) In general.--The authority provided under section 1113 of
the Supplemental Appropriations Act, 2009 (Public Law 111-32) shall
remain in effect through September 30, 2024.
(2) Limitation.--The authority described in paragraph (1) may
not be used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations Act,
2009 (Public Law 111-32)) a locality-based comparability payment
(stated as a percentage) that exceeds two-thirds of the amount of
the locality-based comparability payment (stated as a percentage)
that would be payable to such member under section 5304 of title 5,
United States Code, if such member's official duty station were in
the District of Columbia.
(d) Inspector General Annuitant Waiver.--The authorities provided
under section 1015(b) of the Supplemental Appropriations Act, 2010
(Public Law 111-212)--
(1) shall remain in effect through September 30, 2024; and
(2) may be used to facilitate the assignment of persons for
oversight of programs in Somalia, South Sudan, Syria, Venezuela,
and Yemen.
(e) Security Review Committees.--The authority provided under
section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect for
facilities in Afghanistan and shall apply to facilities in Ukraine
through September 30, 2024, except that the notification and reporting
requirements contained in such section shall include the appropriate
congressional committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives.
(f) Department of State Inspector General Waiver Authority.--The
Inspector General of the Department may waive the provisions of
subsections (a) through (d) of section 824 of the Foreign Service Act
of 1980 (22 U.S.C. 4064), on a case-by-case basis, for an annuitant
reemployed by the Inspector General on a temporary basis, subject to
the same constraints and in the same manner by which the Secretary of
State may exercise such waiver authority pursuant to subsection (g) of
such section.
SEC. 9803. COMMISSION ON REFORM AND MODERNIZATION OF THE DEPARTMENT OF
STATE.
(a) Short Title.--This section may be cited as the ``Commission on
Reform and Modernization of the Department of State Act''.
(b) Establishment of Commission.--There is established, in the
legislative branch, the Commission on Reform and Modernization of the
Department of State (referred to in this section as the
``Commission'').
(c) Purposes.--The purposes of the Commission are--
(1) to examine the changing nature of diplomacy and the ways in
which the Department can modernize to advance the interests of the
United States; and
(2) to offer recommendations to the President and Congress
related to--
(A) the organizational structure of the Department;
(B) personnel-related matters, including recruitment,
promotion, training, and retention of the Department's
workforce in order to foster effective diplomacy worldwide,
including measures to strengthen diversity and inclusion to
ensure that the Department's workforce represents all of
America;
(C) the Department of State's domestic and overseas
facilities;
(D) the link among diplomacy and defense, development,
commercial, health, law enforcement, science, technology, and
other core United States interests;
(E) legislation that authorizes United States diplomacy,
including the Foreign Service Act of 1980 (Public Law 96-465);
and
(F) related regulations, rules, and processes that define
United States diplomatic efforts, including the Foreign Affairs
Manual.
(d) Membership.--
(1) Composition.--The Commission shall be composed of 16
members, of whom--
(A) 4 members shall be appointed by the President in a
nonpartisan manner;
(B) 2 members (1 of whom may be a Member of Congress) shall
be appointed by the majority leader of the Senate;
(C) 2 members (1 of whom may be a Member of Congress) shall
be appointed by the Speaker of the House of Representatives;
(D) 2 members (1 of whom may be a Member of Congress) shall
be appointed by the minority leader of the Senate;
(E) 2 members (1 of whom may be a Member of Congress) shall
be appointed by the minority leader of the House of
Representatives;
(F) 1 member shall be appointed by the chairperson of the
Committee on Foreign Relations of the Senate;
(G) 1 member shall be appointed by the ranking member of
the Committee on Foreign Relations of the Senate;
(H) 1 member shall be appointed by the chairperson of the
Committee on Foreign Affairs of the House of Representatives;
and
(I) 1 member shall be appointed by the ranking member of
the Committee on Foreign Affairs of the House of
Representatives.
(2) Qualifications.--
(A) Membership.--Any member of the Commission who is not a
Member of Congress shall be a private United States citizen who
is nationally recognized and has significant depth of
experience in international relations, data-driven management,
and the policymaking, programmatic, and personnel aspects of
the Department.
(B) Restrictions.--
(i) Foreign agents registration act of 1938.--No member
of the Commission may be a current or former registrant
under the Foreign Agents Registration Act of 1938 (22
U.S.C. 611 et seq.).
(ii) Members of congress.--Not more than 4 members of
the Commission may be Members of Congress, who may only be
appointed by the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives in accordance with paragraph (1). None of
the members of the Commission may be individuals who are
eligible to make such appointments.
(3) Appointments.--
(A) Deadline.--Members of the Commission shall be appointed
pursuant to paragraph (1) not later than 90 days after the date
of the enactment of this Act.
(B) Period of appointment; vacancies.--Members of the
Commission shall be appointed for the life of the Commission.
Any vacancy in the Commission shall not affect the powers of
the Commission and shall be filled in the same manner as the
original appointment.
(C) Notifications.--Individuals making appointments
pursuant to paragraph (1) shall notify the Chair and Ranking
Member of the appropriate committees of Congress and the
Secretary of State of such appointments.
(D) Co-chairpersons.--
(i) Democratic leaders.--The Democratic leader in the
Senate and the Democratic leader in the House of
Representatives shall jointly select 1 member of the
Commission appointed pursuant to paragraph (1) to serve as
a co-chairperson of the Commission.
(ii) Republican leaders.--The Republican leader in the
Senate and the Republican leader in the House of
Representatives shall jointly select 1 member of the
Commission appointed pursuant to paragraph (1) to serve as
a co-chairperson of the Commission.
(4) Removal.--A member may be removed from the Commission for
cause by the individual serving in the position responsible for the
original appointment of such member under paragraph (1) if--
(A) notice was provided to such member describing the cause
for removal; and
(B) such removal was voted and agreed upon by a majority of
the members serving on the Commission.
(5) Meetings.--
(A) Initial meeting.--Not later than 30 days after a
majority of the members of the Commission have been appointed,
the Commission shall hold the first meeting and shall begin
operations as soon as practicable.
(B) Frequency.--The Commission shall meet upon the call of
the co-chairpersons, acting jointly.
(C) Quorum.--A majority of the members of the Commission,
or a majority of the members of a panel, shall constitute a
quorum for purposes of conducting business.
(e) Functions of Commission.--
(1) In general.--Except as provided in subsection (j), the
Commission shall act by resolution agreed to by a majority of the
members of the Commission voting and present.
(2) Panels.--The Commission may establish panels composed of
less than the full membership of the Commission for purposes of
carrying out the duties of the Commission under this section. The
membership of such panels should reflect the bipartisan composition
of the Commission. The actions of any such panel shall be subject
to the review and control of the Commission. Any findings and
determinations made by such a panel may not be considered the
findings and determinations of the Commission unless such findings
and determinations are approved by a majority of the Commission,
including both co-chairpersons.
(f) Powers of Commission.--
(1) Hearings and evidence.--To carry out the purposes of the
Commission described in subsection (c), the Commission or any panel
of the Commission may, with the joint approval of the co-
chairpersons--
(A) hold such hearings and meetings, take such testimony,
receive such evidence, and administer such oaths as the
Commission or such designated panel considers necessary;
(B) request the attendance and testimony of such witnesses
and the production of such correspondence, memoranda, papers,
and documents, as the Commission or such designated panel
considers necessary; and
(C) secure from the Department, USAID, the United States
International Development Finance Corporation, the Millennium
Challenge Corporation, Peace Corps, the United States Trade
Development Agency, and the United States Agency for Global
Media information and data necessary to enable it to carry out
its mission.
(2) Contracts.--The Commission, to such extent and in such
amounts as are provided in appropriations Acts, may enter into
contracts to enable the Commission to discharge its duties under
this section.
(g) Support From Other Agencies.--
(1) Information from federal agencies.--To carry out the
purposes of the Commission described in subsection (c), upon the
receipt of a joint written request by the co-chairpersons of the
Commission to any of the heads of the Department, USAID, the United
States International Development Finance Corporation, the
Millennium Challenge Corporation, the Peace Corps, the Trade
Development Agency, or the United States Agency for Global Media,
the heads of such entities shall expeditiously furnish the
requested information to the Commission.
(2) Assistance from federal agencies.--The Department of State
and other Federal departments and agencies may provide to the
Commission, on a nonreimbursable basis, such administrative
services, staff, and other support services as are necessary for
the performance of the Commission's duties under this section, at
the request of the Commission.
(3) Liaison.--The Secretary may designate at least 1 officer or
employee of the Department to serve as a liaison officer between
the Department and the Commission.
(4) Recommendations from independent organizations.--The
Commission may review recommendations by independent organizations
and outside experts relating to reform and modernization of the
Department.
(h) Congressional Consultation.--Not later than 180 days after the
initial meeting of the Commission, and not less frequently than
semiannually thereafter, the Commission shall provide a briefing to
Congress regarding the work of the Commission.
(i) Staff and Compensation.--
(1) Staff.--
(A) Compensation.--The co-chairpersons of the Commission
shall appoint and fix the compensation of a staff director and
such other personnel as may be necessary to enable the
Commission to carry out its duties, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule
pay rates, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable to a
person occupying a position at level V of the Executive
Schedule under section 5316 of such title.
(B) Detail of government employees.--A Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(C) Procurement of temporary and intermittent services.--
The co-chairs of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5315 of such
title.
(D) Status as federal employees.--Notwithstanding the
requirements under section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the commission shall be deemed to
be Federal employees.
(2) Commission members.--
(A) Compensation.--Except as provided in subparagraph (C),
each member of the Commission shall be compensated at a rate
not to exceed the daily equivalent of the annual rate of basic
pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day
(including travel time) during which that member is engaged in
the actual performance of the duties of the Commission.
(B) Waiver of certain provisions.--Subsections (a) through
(d) of section 824 of the Foreign Service Act of 1980 (22
U.S.C. 4064) are waived for an annuitant on a temporary basis
so as to be compensated for work performed as part of the
Commission.
(C) Restriction for members of congress.--Any Member of
Congress serving as a member of the Commission shall not
receive any additional compensation or pay for their service on
the Commission.
(3) Travel expenses.--While away from their homes or regular
places of business in the performance of service for the
Commission, members and staff of the Commission, and any Federal
Government employees detailed to the Commission, shall be allowed
travel expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in Government
service are allowed expenses under section 5703(b) of title 5,
United States Code.
(4) Security clearances for commission members and staff.--
(A) In general.--Members and staff shall have or be
eligible to receive the appropriate security clearance to
conduct their duties.
(B) Expedited processing.--The Office of Senate Security
shall ensure the expedited processing of appropriate security
clearances for members, officers, and employees of the
Commission.
(j) Report.--
(1) In general.--Not later than 24 months after the first date
on which a majority of the members of the Commission have been
appointed, the Commission shall submit a final report to the
Secretary and Congress that includes--
(A) a detailed statement of the findings and conclusions of
the Commission; and
(B) the recommendations of the Commission for such
legislative and administrative actions as the Commission
considers appropriate in light of the results of the study,
including the anticipated amount of time and resources required
to implement such recommendations.
(2) Department response.--The Secretary, in coordination with
the heads of appropriate Federal departments and agencies, shall
have the right to review and respond to all Commission
recommendations before the Commission submits its final report to
the Secretary and Congress. The Commission shall provide the
Department with its recommendations not later than 90 days before
the date of submission of its final report.
(k) Termination of Commission.--
(1) In general.--The Commission, and all the authorities under
this section, shall terminate on the date that is 60 days after the
date on which the final report is submitted pursuant to subsection
(j)(1).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph (1)
for the purpose of concluding its activities, including providing
testimony to the appropriate committees of Congress concerning its
reports and disseminating the report.
(l) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated up to
$2,000,000 for fiscal year 2023 to carry out this section.
(2) Transfers; support.--In addition to other transfers and
support otherwise authorized by law, the Secretary may--
(A) transfer any amounts appropriated pursuant to paragraph
(1) to the Commission; and
(B) use the amounts referred to in subparagraph (A) to
provide non-reimbursable support to the Commission.
(3) Commission accounts.--
(A) Establishment.--The Secretary of the Treasury may
establish 1 or more accounts to facilitate transfers to the
Commission of amounts authorized under paragraph (2)(A).
(B) Use of funds.--Amounts transferred to the Commission
pursuant to subparagraph(A) may be used for the activities of
the Commission, including--
(i) the payment of Commission expenses;
(ii) the compensation of Commission members, officers,
and employees.
(m) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
DIVISION J--OCEANS AND ATMOSPHERE
SEC. 10000. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 10000. Table of contents.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B--United States Coral Reef Task Force
Sec. 10011. Establishment.
Sec. 10012. Duties.
Sec. 10013. Membership.
Sec. 10014. Responsibilities of Federal agency members.
Sec. 10015. Working groups.
Sec. 10016. Definitions.
Subtitle C--Department of the Interior Coral Reef Authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management Fellowship.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.
Sec. 10102. Definitions.
Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
Sec. 10301. Findings.
Sec. 10302. Definitions.
Sec. 10303. Ocean Policy Committee.
Sec. 10304. National Ocean Mapping, Exploration, and Characterization
Council.
Sec. 10305. Modifications to the ocean exploration program of the
National Oceanic and Atmospheric Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the
National Oceanic and Atmospheric Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of
1998.
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 10401. Data collection and dissemination.
Sec. 10402. Stranding or entanglement response agreements.
Sec. 10403. Unusual mortality event activity funding.
Sec. 10404. Liability.
Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 10407. Health MAP.
Sec. 10408. Reports to Congress.
Sec. 10409. Authorization of appropriations.
Sec. 10410. Definitions.
Sec. 10411. Study on marine mammal mortality.
TITLE CV--VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and
Monitoring System.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
SEC. 10001. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000.
(a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C.
6401 et seq.) is amended by striking sections 202 through 210 and
inserting the following:
``SEC. 202. PURPOSES.
``The purposes of this title are--
``(1) to conserve and restore the condition of United States
coral reef ecosystems challenged by natural and human-accelerated
changes, including increasing ocean temperatures, changing ocean
chemistry, coral bleaching, coral diseases, water quality
degradation, invasive species, and illegal, unreported, and
unregulated fishing;
``(2) to promote the science-based management and sustainable
use of coral reef ecosystems to benefit local communities and the
Nation, including through improved integration and cooperation
among Federal and non-Federal stakeholders responsible for managing
coral reef resources;
``(3) to develop sound scientific information on the condition
of coral reef ecosystems, continuing and emerging threats to such
ecosystems, and the efficacy of innovative tools, technologies, and
strategies to mitigate stressors and restore such ecosystems,
including evaluation criteria to determine the effectiveness of
management interventions, and accurate mapping for coral reef
restoration;
``(4) to assist in the preservation of coral reefs by
supporting science-based, consensus-driven, and community-based
coral reef management by covered States and covered Native
entities, including monitoring, conservation, and restoration
projects that empower local communities, small businesses, and
nongovernmental organizations;
``(5) to provide financial resources, technical assistance, and
scientific expertise to supplement, complement, and strengthen
community-based management programs and conservation and
restoration projects of non-Federal reefs;
``(6) to establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be used
for coral reef conservation and restoration projects;
``(7) to support rapid, effective, and science-based assessment
and response to exigent circumstances that pose immediate and long-
term threats to coral reefs, including--
``(A) coral disease outbreaks;
``(B) invasive or nuisance species;
``(C) coral bleaching;
``(D) natural disasters; and
``(E) industrial or mechanical disasters, including vessel
groundings, hazardous spills, and coastal construction
accidents; and
``(8) to serve as a model for advancing similar international
efforts to monitor, conserve, and restore coral reef ecosystems.
``SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RESTORATION
ACTIVITIES.
``(a) In General.--The Administrator, the Secretary of the
Interior, or the Secretary of Commerce may conduct activities described
in subsection (b) to conserve and restore coral reefs and coral reef
ecosystems that are consistent with--
``(1) all applicable laws governing resource management in
Federal and State waters, including this Act;
``(2) the National Coral Reef Resilience Strategy; and
``(3) coral reef action plans in effect under section 205, as
applicable.
``(b) Activities Described.--Activities described in this
subsection are activities to conserve, research, monitor, assess, and
restore coral reefs and coral reef ecosystems in waters managed under
the jurisdiction of a Federal agency specified in subsection (c) or in
coordination with a State in waters managed under the jurisdiction of
such State, including--
``(1) developing, including through the collection of requisite
in situ and remotely sensed data, high-quality and digitized maps
reflecting--
``(A) current and historical live coral cover data;
``(B) coral reef habitat quality data;
``(C) priority areas for coral reef conservation to
maintain biodiversity and ecosystem structure and function,
including the reef matrix, that benefit coastal communities and
living marine resources;
``(D) priority areas for coral reef restoration to enhance
biodiversity and ecosystem structure and function, including
the reef matrix, to benefit coastal communities and living
marine resources; and
``(E) areas of concern that may require enhanced monitoring
of coral health and cover;
``(2) enhancing compliance with Federal laws that prohibit or
regulate--
``(A) the taking of coral products or species associated
with coral reefs; or
``(B) the use and management of coral reef ecosystems;
``(3) long-term ecological monitoring of coral reef ecosystems;
``(4) implementing species-specific recovery plans for listed
coral species consistent with the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
``(5) restoring degraded coral reef ecosystems;
``(6) reducing land-based stressors to coral reef ecosystems;
``(7) promoting ecologically sound navigation and anchorages,
including through navigational aids and expansion of reef-safe
anchorages and mooring buoy systems, to enhance recreational access
while preventing or minimizing the likelihood of vessel impacts or
other physical damage to coral reefs;
``(8) monitoring and responding to severe bleaching or
mortality events, disease outbreaks, invasive species outbreaks,
and significant maritime accidents, including hazardous spill
cleanup and the removal of grounded vessels;
``(9) conducting scientific research that contributes to the
understanding, sustainable use, and long-term conservation of coral
reefs;
``(10) enhancing public awareness, understanding, and
appreciation of coral reefs and coral reef ecosystems and their
ecological and socioeconomic value; and
``(11) centrally archiving, managing, and distributing on a
public website data sets and coral reef ecosystem assessments,
including the data repositories of the Coral Reef Conservation
Program of the National Oceanic and Atmospheric Administration.
``(c) Federal Agencies Specified.--A Federal agency specified in
this subsection is one of the following:
``(1) The National Oceanic and Atmospheric Administration.
``(2) The National Park Service.
``(3) The United States Fish and Wildlife Service.
``(4) The Office of Insular Affairs.
``SEC. 204. NATIONAL CORAL REEF RESILIENCE STRATEGY.
``(a) In General.--The Administrator shall--
``(1) not later than 2 years after the date of the enactment of
the James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023, develop a national coral reef resilience strategy; and
``(2) review and revise the strategy--
``(A) not less frequently than once every 15 years;
``(B) not less frequently than once every 5 years, in the
case of guidance on best practices under subsection (b)(4); and
``(C) as appropriate.
``(b) Elements.--The strategy required by subsection (a) shall
include the following:
``(1) A discussion addressing--
``(A) continuing and emerging threats to the resilience of
United States coral reef ecosystems;
``(B) remaining gaps in coral reef ecosystem research,
monitoring, and assessment;
``(C) the status of management cooperation and integration
among Federal reef managers and covered reef managers;
``(D) the status of efforts to manage and disseminate
critical information, and enhance interjurisdictional data
sharing, related to research, reports, data sets, and maps;
``(E) areas of special focus, which may include--
``(i) improving natural coral recruitment;
``(ii) preventing avoidable losses of corals and their
habitat;
``(iii) enhancing the resilience of coral populations;
``(iv) supporting a resilience-based management
approach;
``(v) developing, coordinating, and implementing
watershed management plans;
``(vi) building and sustaining watershed management
capacity at the local level;
``(vii) providing data essential for coral reef
fisheries management;
``(viii) building capacity for coral reef fisheries
management;
``(ix) increasing understanding of coral reef ecosystem
services;
``(x) educating the public on the importance of coral
reefs, threats and solutions; and
``(xi) evaluating intervention efficacy;
``(F) the status of conservation efforts, including the use
of marine protected areas to serve as replenishment zones
developed consistent with local practices and traditions and in
cooperation with, and with respect for the scientific,
technical, and management expertise and responsibilities of,
covered reef managers;
``(G) science-based adaptive management and restoration
efforts; and
``(H) management of coral reef emergencies and disasters.
``(2) A statement of national goals and objectives designed to
guide--
``(A) future Federal coral reef management and restoration
activities authorized under section 203;
``(B) conservation and restoration priorities for grants
awarded under section 211; and
``(C) research priorities for the reef research
coordination institutes designated under section 213(b)(1)(B).
``(3) A designation of priority areas for conservation, and
priority areas for restoration, to support the review and approval
of grants under section 211(e).
``(4) Technical assistance in the form of general templates for
use by covered reef managers and Federal reef managers to guide the
development of coral reef action plans under section 205, including
guidance on the best science-based practices to respond to coral
reef emergencies that can be included in coral reef action plans.
``(c) Consultations.--In developing all elements of the strategy
required by subsection (a), the Administrator shall--
``(1) consult with the Secretary of the Interior, the Task
Force, covered States, and covered Native entities;
``(2) consult with the Secretary of Defense, as appropriate;
``(3) engage stakeholders, including covered States, coral reef
stewardship partnerships, reef research institutes and research
centers described in section 213, and recipients of grants under
section 211; and
``(4) solicit public review and comment regarding scoping and
the draft strategy.
``(d) Submission to Congress; Publication.--The Administrator
shall--
``(1) submit the strategy required by subsection (a) and any
revisions to the strategy to the appropriate congressional
committees; and
``(2) publish the strategy and any such revisions on public
websites of--
``(A) the Coral Reef Conservation Program of the National
Oceanic and Atmospheric Administration; and
``(B) the Task Force.
``SEC. 205. CORAL REEF ACTION PLANS.
``(a) Plans Prepared by Federal Reef Managers.--
``(1) In general.--Not later than 3 years after the date of the
enactment of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023 and 2 years after the date of publication of
each National Coral Reef Resilience Strategy, each Federal reef
manager shall--
``(A) prepare a coral reef action plan to guide management
and restoration activities to be undertaken within the
responsibilities and jurisdiction of the manager; or
``(B) in the case of a reef under the jurisdiction of a
Federal reef manager for which there is an action plan in
effect as of such date of enactment, update that plan to comply
with the requirements of this subsection.
``(2) Elements.--A plan prepared under paragraph (1) by a
Federal reef manager shall include a discussion of the following:
``(A) Short- and medium-term coral reef conservation and
restoration objectives within the jurisdiction of the manager.
``(B) A current adaptive management framework to inform
research, monitoring, and assessment needs.
``(C) Tools, strategies, and partnerships necessary to
identify, monitor, and address pollution, water quality, and
other negative impacts to coral reef ecosystems within the
jurisdiction of the manager.
``(D) The status of efforts to improve coral reef ecosystem
management cooperation and integration between Federal reef
managers and covered reef managers, including the
identification of existing research and monitoring activities
that can be leveraged for coral reef status and trends
assessments within the jurisdiction of the manager.
``(E) Estimated budgetary and resource considerations
necessary to carry out the plan.
``(F) Contingencies for response to and recovery from
emergencies and disasters.
``(G) In the case of an updated plan, annual records of
significant management and restoration actions taken under the
previous plan, cash and noncash resources used to undertake the
actions, and the source of such resources.
``(H) Documentation by the Federal reef manager that the
plan is consistent with the National Coral Reef Resilience
Strategy.
``(I) A data management plan to ensure data, assessments,
and accompanying information are appropriately preserved,
curated, publicly accessible, and broadly reusable.
``(3) Submission to task force.--Each Federal reef manager
shall submit a plan prepared under paragraph (1) to the Task Force.
``(4) Application of administrative procedure act.--Each plan
prepared under paragraph (1) shall be subject to the requirements
of subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the `Administrative Procedure Act').
``(b) Plans Prepared by Covered Reef Managers.--
``(1) In general.--A covered reef manager may elect to prepare,
submit to the Task Force, and maintain a coral reef action plan to
guide management and restoration activities to be undertaken within
the responsibilities and jurisdiction of the manager.
``(2) Effective period.--A plan prepared under this subsection
shall remain in effect for 5 years, or until an updated plan is
submitted to the Task Force, whichever occurs first.
``(3) Elements.--A plan prepared under paragraph (1) by a
covered reef manager--
``(A) shall contain a discussion of--
``(i) short- and medium-term coral reef conservation
and restoration objectives within the jurisdiction of the
manager;
``(ii) estimated budgetary and resource considerations
necessary to carry out the plan;
``(iii) in the case of an updated plan, annual records
of significant management and restoration actions taken
under the previous plan, cash and noncash resources used to
undertake the actions, and the source of such resources;
and
``(iv) contingencies for response to and recovery from
emergencies and disasters; and
``(B) may contain a discussion of--
``(i) the status of efforts to improve coral reef
ecosystem management cooperation and integration between
Federal reef managers and covered reef managers, including
the identification of existing research and monitoring
activities that can be leveraged for coral reef status and
trends assessments within the jurisdiction of the manager;
``(ii) a current adaptive management framework to
inform research, monitoring, and assessment needs;
``(iii) tools, strategies, and partnerships necessary
to identify, monitor, and address pollution and water
quality impacts to coral reef ecosystems within the
jurisdiction of the manager; and
``(iv) a data management plan to ensure data,
assessments, and accompanying information are appropriately
preserved, curated, publicly accessible, and broadly
reusable.
``(c) Technical Assistance.--The Administrator and the Task Force
shall make reasonable efforts to provide technical assistance upon
request by a Federal reef manager or covered reef manager developing a
coral reef action plan under this section.
``(d) Publication.--The Administrator shall publish each coral reef
action plan prepared and submitted to the Task Force under this section
on the public website of the Coral Reef Conservation Program of the
National Oceanic and Atmospheric Administration.
``SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.
``(a) In General.--To further community-based stewardship of coral
reefs, coral reef stewardship partnerships for Federal and non-Federal
coral reefs may be established in accordance with this section.
``(b) Standards and Procedures.--The Administrator shall develop
and adopt--
``(1) standards for identifying individual coral reefs and
ecologically significant units of coral reefs; and
``(2) processes for adjudicating multiple applicants for
stewardship of the same coral reef or ecologically significant unit
of a reef to ensure no geographic overlap in representation among
stewardship partnerships authorized by this section.
``(c) Membership for Federal Coral Reefs.--A coral reef stewardship
partnership that has identified, as the subject of its stewardship
activities, a coral reef or ecologically significant unit of a coral
reef that is fully or partially under the management jurisdiction of
any Federal agency specified in section 203(c) shall, at a minimum,
include the following:
``(1) That Federal agency, a representative of which shall
serve as chairperson of the coral reef stewardship partnership.
``(2) A State or county's resource management agency to the
extent that such partnership covers a reef within such States or
county's jurisdiction.
``(3) A coral reef research center designated under section
212(b).
``(4) A nongovernmental organization.
``(5) A covered Native entity culturally affiliated with the
subject reef or ecologically significant unit, if any.
``(6) Such other members as the partnership considers
appropriate, such as interested stakeholder groups and covered
Native entities.
``(d) Membership for Non-Federal Coral Reefs.--
``(1) In general.--A coral reef stewardship partnership that
has identified, as the subject of its stewardship activities, a
coral reef or ecologically significant component of a coral reef
that is not under the management jurisdiction of any Federal agency
specified in section 203(c) shall, at a minimum, include the
following:
``(A) A State or county's resource management agency or a
covered Native entity, a representative of which shall serve as
the chairperson of the coral reef stewardship partnership.
``(B) A coral reef research center designated under section
212(b).
``(C) A nongovernmental organization.
``(D) Such other members as the partnership considers
appropriate, such as interested stakeholder groups.
``(2) Additional members.--
``(A) In general.--Subject to subparagraph (B), a coral
reef stewardship partnership described in paragraph (1) may
also include representatives of one or more Federal agencies.
``(B) Requests; approval.--A representative of a Federal
agency described in subparagraph (A) may become a member of a
coral reef stewardship partnership described in paragraph (1)
if--
``(i) the representative submits a request to become a
member to the chairperson of the partnership referred to in
paragraph (1)(A); and
``(ii) the chairperson consents to the request.
``(e) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coral
reef stewardship partnerships under this section.
``SEC. 207. BLOCK GRANTS.
``(a) In General.--In each fiscal year beginning in fiscal year
2023 and subject to the availability of appropriations, the
Administrator shall provide block grants of financial assistance of not
less than $500,000 to each covered State to support management and
restoration activities and further the implementation of coral reef
action plans in effect under section 205 by covered States and non-
Federal coral reef stewardship partnerships in accordance with this
section. The Administrator shall review each covered State's
application for block grant funding to ensure that applications are
consistent with applicable action plans and the National Coral Reef
Resilience Strategy.
``(b) Responsibilities of the Administrator.--The Administrator is
responsible for--
``(1) providing guidance on the proper documentation of
expenditures authorized under this Act;
``(2) issuing annual solicitations to covered States for awards
under this section; and
``(3) determining the appropriate allocation of additional
amounts among covered States in accordance with this section.
``(c) Responsibilities of Covered States.--Each covered State is
responsible for documenting and reporting--
``(1) such State's use of Federal funds received under this
Act; and
``(2) such expenditures of non-Federal funds made in
furtherance of coral reef management and restoration as the
Administrator determines appropriate.
``(d) Cooperative Agreements.--Subject to the availability of
appropriations, the Administrator may seek to enter into a cooperative
agreement with a covered State to fund coral reef conservation and
restoration activities in waters managed under the jurisdiction of such
covered State that are consistent with the National Coral Reef
Resilience Strategy and any applicable action plan under section 205.
``(e) All Islands Committee.--The Administrator may enter into a
cooperative agreement with the All Islands Committee of the Task Force
to provide support for its activities.
``SEC. 208. CORAL REEF STEWARDSHIP FUND.
``(a) Agreement.--The Administrator shall seek to enter into an
agreement with the National Fish and Wildlife Foundation (in this
section referred to as the `Foundation'), authorizing the Foundation to
receive, hold, and administer funds received under this section.
``(b) Fund.--
``(1) In general.--The Foundation shall establish an account,
which shall--
``(A) be known as the `Coral Reef Stewardship Fund' (in
this section referred to as the `Fund'); and
``(B) serve as the successor to the account known before
the date of the enactment of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 as the Coral
Reef Conservation Fund and administered through a public-
private partnership with the Foundation.
``(2) Deposits.--The Foundation shall deposit funds received
under this section into the Fund.
``(3) Purposes.--The Fund shall be available solely to support
coral reef stewardship activities that--
``(A) further the purposes of this title; and
``(B) are consistent with--
``(i) the National Coral Reef Resilience Strategy; and
``(ii) coral reef action plans in effect, if any, under
section 205 covering a coral reef or ecologically
significant component of a coral reef to be impacted by
such activities, if applicable.
``(4) Investment of amounts.--
``(A) Investment of amounts.--The Foundation shall invest
such portion of the Fund as is not required to meet current
withdrawals in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
``(B) Interest and proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the Fund shall be credited to and form a part of the Fund.
``(5) Review of performance.--The Administrator shall conduct a
continuing review of all deposits into, and disbursements from, the
Fund. Each review shall include a written assessment concerning the
extent to which the Foundation has implemented the goals and
requirements of--
``(A) this section; and
``(B) the National Coral Reef Resilience Strategy.
``(c) Authorization To Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered into under
subsection (a), the Foundation may accept, receive, solicit, hold,
administer, and use any gift (including, notwithstanding section
1342 of title 31, United States Code, donations of services) to
further the purposes of this title.
``(2) Deposits in fund.--Notwithstanding section 3302 of title
31, United States Code, any funds received as a gift shall be
deposited and maintained in the Fund.
``(d) Administration.--Under an agreement entered into pursuant to
subsection (a), and subject to the availability of appropriations, the
Administrator may transfer funds appropriated for such purposes to
carry out this title to the Foundation. Amounts received by the
Foundation under this subsection may be used for matching, in whole or
in part, contributions (whether in money, services, or property) made
to the Foundation by private persons, State or local government
agencies, or covered Native entities.
``SEC. 209. EMERGENCY ASSISTANCE.
``(a) In General.--Notwithstanding any other provision of law, from
funds appropriated pursuant to the authorization of appropriations
under section 215, the Administrator may provide emergency assistance
to any covered State or coral reef stewardship partnership to respond
to immediate harm to coral reefs or coral reef ecosystems arising from
any of the exigent circumstances described in subsection (b).
``(b) Coral Reef Exigent Circumstances.--The Administrator shall
develop a list of, and criteria for, circumstances that pose an exigent
threat to coral reefs, including--
``(1) new and ongoing outbreaks of disease;
``(2) new and ongoing outbreaks of invasive or nuisance
species;
``(3) new and ongoing coral bleaching events;
``(4) natural disasters;
``(5) industrial or mechanical incidents, such as vessel
groundings, hazardous spills, or coastal construction accidents;
and
``(6) such other circumstances as the Administrator determines
appropriate.
``(c) Annual Report on Exigent Circumstances.--On February 1 of
each year, the Administrator shall submit to the appropriate
congressional committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives a report that--
``(1) describes locations with exigent circumstances described
in subsection (b) that were considered but declined for emergency
assistance, and the rationale for the decision; and
``(2) with respect to each instance in which emergency
assistance under this section was provided--
``(A) the location and a description of the exigent
circumstances that prompted the emergency assistance, the
entity that received the assistance, and the current and
expected outcomes from the assistance;
``(B) a description of activities of the National Oceanic
and Atmospheric Administration that were curtailed as a result
of providing the emergency assistance; and
``(C) an assessment of whether further action is needed to
restore the affected coral reef, recommendations for such
restoration, and a cost estimate to implement such
recommendations.
``SEC. 210. CORAL REEF DISASTER FUND.
``(a) Agreements.--The Administrator shall seek to enter into an
agreement with the National Fish and Wildlife Foundation (in this
section referred to as the `Foundation'), authorizing the Foundation to
receive, hold, and administer funds received under this section.
``(b) Fund.--
``(1) In general.--The Foundation shall establish an account,
to be known as the `Coral Reef Disaster Fund' (in this section
referred to as the `Fund').
``(2) Deposits.--The Foundation shall deposit funds received
under this section into the Fund.
``(3) Purposes.--The Fund shall be available solely to support
the long-term recovery of coral reefs from exigent circumstances
described in section 209(b)--
``(A) in partnership with non-Federal stakeholders; and
``(B) in a manner that is consistent with--
``(i) the National Coral Reef Resilience Strategy; and
``(ii) coral reef action plans in effect, if any, under
section 205.
``(4) Investment of amounts.--
``(A) Investment of amounts.--The Foundation shall invest
such portion of the Fund as is not required to meet current
withdrawals in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
``(B) Interest and proceeds.--The interest on, and the
proceeds from, the sale or redemption of, any obligations held
in the Fund shall be credited to and form a part of the Fund.
``(5) Review of performance.--The Administrator shall conduct
continuing reviews of all deposits into, and disbursements from,
the Fund. Each such review shall include a written assessment
concerning the extent to which the Foundation has implemented the
goals and requirements of this section.
``(c) Authorization To Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered into under
subsection (a), the Foundation may accept, receive, solicit, hold,
administer, and use any gift (including, notwithstanding section
1342 of title 31, United States Code, donations of services) to
further the purposes of this title.
``(2) Deposits in fund.--Notwithstanding section 3302 of title
31, United States Code, any funds received as a gift shall be
deposited and maintained in the Fund.
``SEC. 211. RUTH D. GATES CORAL REEF CONSERVATION GRANT PROGRAM.
``(a) In General.--Subject to the availability of appropriations,
the Administrator shall establish a program (to be known as the `Ruth
D. Gates Coral Reef Conservation Grant Program') to provide grants for
projects for the conservation and restoration of coral reef ecosystems
(in this section referred to as `coral reef projects') pursuant to
proposals approved by the Administrator in accordance with this
section.
``(b) Matching Requirements for Grants.--
``(1) In general.--Except as provided in paragraph (3), Federal
funds for any coral reef project for which a grant is provided
under subsection (a) may not exceed 50 percent of the total cost of
the project.
``(2) Non-federal share.--The non-Federal share of the cost of
a coral reef project may be provided by in-kind contributions and
other noncash support.
``(3) Waiver.--The Administrator may waive all or part of the
matching requirement under paragraph (1) if the Administrator
determines that no reasonable means are available through which an
applicant can meet the matching requirement with respect to a coral
reef project and the probable benefit of the project outweighs the
public interest in the matching requirement.
``(c) Eligibility.--
``(1) In general.--An entity described in paragraph (2) may
submit to the Administrator a proposal for a coral reef project.
``(2) Entities described.--An entity described in this
paragraph is--
``(A) a covered reef manager or a covered Native entity;
``(B) a regional fishery management council established
under the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.);
``(C) a coral reef stewardship partnership seeking to
implement a coral reef action plan in effect under section 205;
``(D) a coral reef research center designated under section
212(b); or
``(E) a nongovernmental organization or research
institution with demonstrated expertise in the conservation or
restoration of coral reefs in practice or through significant
contributions to the body of existing scientific research on
coral reefs.
``(d) Project Proposals.--Each proposal for a grant under this
section for a coral reef project shall include the following:
``(1) The name of the individual or entity responsible for
conducting the project.
``(2) A description of the qualifications of the individual or
entity.
``(3) A succinct statement of the purposes of the project.
``(4) An estimate of the funds and time required to complete
the project.
``(5) Evidence of support for the project by appropriate
representatives of States or other government jurisdictions in
which the project will be conducted.
``(6) Information regarding the source and amount of matching
funding available to the applicant.
``(7) A description of how the project meets one or more of the
criteria under subsection (e)(2).
``(8) In the case of a proposal submitted by a coral reef
stewardship partnership, a description of how the project aligns
with the applicable coral reef action plan in effect under section
205.
``(9) Any other information the Administrator considers to be
necessary for evaluating the eligibility of the project for a grant
under this subsection.
``(e) Project Review and Approval.--
``(1) In general.--The Administrator shall review each coral
reef project proposal submitted under this section to determine if
the project meets the criteria set forth in subsection (f).
``(2) Prioritization of conservation projects.--The
Administrator shall prioritize the awarding of funding for projects
that meet the criteria for approval described in--
``(A) subparagraphs (A) through (G) of subsection (f)(2)
that are proposed to be conducted within priority areas
identified for coral reef conservation by the Administrator
under the National Coral Reef Resilience Strategy; and
``(B) subparagraphs (E) through (L) of subsection (f)(2)
that are proposed to be conducted within priority areas
identified for coral reef restoration by the Administrator
under the National Coral Reef Resilience Strategy.
``(3) Review; approval or disapproval.--Not later than 180 days
after receiving a proposal for a coral reef project under this
section, the Administrator shall--
``(A) request and consider written comments on the proposal
from each Federal agency, State government, covered Native
entity, or other government jurisdiction, including the
relevant regional fishery management councils established under
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), or any National Marine Sanctuary or
Marine National Monument, with jurisdiction or management
authority over coral reef ecosystems in the area where the
project is to be conducted, including the extent to which the
project is consistent with locally established priorities,
unless such entities were directly involved in the development
of the project proposal;
``(B) provide for the merit-based peer review of the
proposal and require standardized documentation of that peer
review;
``(C) after considering any written comments and
recommendations based on the reviews under subparagraphs (A)
and (B), approve or disapprove the proposal; and
``(D) provide written notification of that approval or
disapproval, with summaries of all written comments,
recommendations, and peer reviews, to the entity that submitted
the proposal, and each of those States, covered Native entity,
and other government jurisdictions that provided comments under
subparagraph (A).
``(f) Criteria for Approval.--The Administrator may not approve a
proposal for a coral reef project under this section unless the
project--
``(1) is consistent with--
``(A) the National Coral Reef Resilience Strategy; and
``(B) any Federal or non-Federal coral reef action plans in
effect under section 205 covering a coral reef or ecologically
significant unit of a coral reef to be affected by the project;
and
``(2) will enhance the conservation and restoration of coral
reefs by--
``(A) addressing conflicts arising from the use of
environments near coral reefs or from the use of corals,
species associated with coral reefs, and coral products,
including supporting consensus-driven and community-based
planning and management initiatives for the protection of coral
reef ecosystems;
``(B) improving compliance with laws that prohibit or
regulate the taking of coral products or species associated
with coral reefs or regulate the use and management of coral
reef ecosystems;
``(C) designing and implementing networks of real-time
water quality monitoring along coral reefs, including data
collection related to turbidity, nutrient availability, harmful
algal blooms, and plankton assemblages, with an emphasis on
coral reefs impacted by agriculture and urban development;
``(D) promoting ecologically sound navigation and
anchorages, including mooring buoy systems to promote enhanced
recreational access, near coral reefs;
``(E) furthering the goals and objectives of coral reef
action plans in effect under section 205;
``(F) mapping the location and distribution of coral reefs
and potential coral reef habitat;
``(G) stimulating innovation to advance the ability of the
United States to understand, research, or monitor coral reef
ecosystems, or to develop management or adaptation options to
conserve and restore coral reef ecosystems;
``(H) implementing research to ensure the population
viability of coral species in United States waters listed as
threatened or endangered under the Endangered Species Act of
1973 as detailed in the population-based recovery criteria
included in species-specific recovery plans established under
such Act;
``(I) developing and implementing cost-effective methods to
restore degraded coral reef ecosystems or to create
geographically appropriate coral reef ecosystems in suitable
waters, including by improving habitat or promoting success of
keystone species, with an emphasis on novel restoration
strategies and techniques to advance coral reef recovery and
growth near population centers threatened by rising sea levels
and storm surge;
``(J) translating and applying coral genetics research to
coral reef ecosystem restoration, including research related to
traits that promote resilience to increasing ocean
temperatures, changing ocean chemistry, coral bleaching, coral
diseases, and invasive species;
``(K) developing and maintaining in situ native coral
propagation sites; or
``(L) developing and maintaining ex situ coral propagation
nurseries and land-based coral gene banks to--
``(i) conserve or augment genetic diversity of native
coral populations;
``(ii) support captive breeding of rare coral species;
or
``(iii) enhance resilience of native coral populations
to increasing ocean temperatures, changing ocean chemistry,
coral bleaching, and coral diseases through selective
breeding, conditioning, or other approaches that target
genes, gene expression, phenotypic traits, or phenotypic
plasticity.
``(g) Funding Requirements.--To the extent practicable based upon
proposals for coral reef projects submitted to the Administrator, the
Administrator shall ensure that funding for grants awarded under this
section during a fiscal year is distributed as follows:
``(1) Not less than 40 percent of funds available shall be
awarded for projects in areas of the Pacific Ocean subject to the
jurisdiction or control of the United States.
``(2) Not less than 40 percent of the funds available shall be
awarded for projects in areas of the Atlantic Ocean, the Gulf of
Mexico, or the Caribbean Sea subject to the jurisdiction or control
of the United States.
``(3) To the extent there are viable applications made by
eligible coral reef stewardship partners, not more than 67 percent
of funds distributed in each region in accordance with paragraphs
(1) and (2) may be made exclusively available to projects that
are--
``(A) submitted by a coral reef stewardship partnership;
and
``(B) consistent with the coral reef action plan in effect
under section 205 by such a partnership.
``(4) Of the funds distributed to support projects in
accordance with paragraph (3), not less than 20 percent and not
more than 33 percent shall be awarded for projects submitted by a
Federal coral reef stewardship partnership, to the extent there are
viable applications made by eligible Federal coral reef stewardship
partnerships.
``(h) Task Force.--The Administrator may consult with the Secretary
of the Interior and the Task Force to obtain guidance in establishing
priorities and evaluating proposals for coral reef projects under this
section.
``SEC. 212. CORAL REEF RESEARCH.
``(a) Reef Research Coordination Institutes.--
``(1) Establishment.--The Administrator shall designate 2 reef
research coordination institutes for the purpose of advancing and
sustaining essential capabilities in coral reef research, one each
in the Atlantic and Pacific basins, to be known as the `Atlantic
Reef Research Coordination Institute' and the `Pacific Reef
Research Coordination Institute', respectively.
``(2) Membership.--Each institute designated under paragraph
(1) shall be housed within a single coral reef research center
designated by the Administrator under subsection (b).
``(3) Functions.--The institutes designated under paragraph (1)
shall--
``(A) conduct federally directed research to fill national
and regional coral reef ecosystem research gaps and improve
understanding of, and responses to, continuing and emerging
threats to the resilience of United States coral reef
ecosystems consistent with the National Coral Reef Resilience
Strategy;
``(B) support ecological research and monitoring to study
the effects of conservation and restoration activities funded
by this title on promoting more effective coral reef management
and restoration; and
``(C) through agreements--
``(i) collaborate directly with States, covered Native
entities, covered coral reef managers, nonprofit
organizations, and other coral reef research centers
designated under subsection (b);
``(ii) assist in the development and implementation
of--
``(I) the National Coral Reef Resilience Strategy;
and
``(II) coral reef action plans under section 205;
``(iii) build capacity within non-Federal governmental
resource management agencies to establish research
priorities and translate and apply research findings to
management and restoration practices; and
``(iv) conduct public education and awareness programs
for policymakers, resource managers, and the general public
on--
``(I) coral reefs and coral reef ecosystems;
``(II) best practices for coral reef ecosystem
management and restoration;
``(III) the value of coral reefs; and
``(IV) the threats to the sustainability of coral
reef ecosystems.
``(b) Coral Reef Research Centers.--
``(1) In general.--The Administrator shall--
``(A) periodically solicit applications for designation of
qualifying institutions in covered States as coral reef
research centers; and
``(B) designate all qualifying institutions in covered
States as coral reef research centers.
``(2) Qualifying institutions.--For purposes of paragraph (1),
an institution is a qualifying institution if the Administrator
determines that the institution--
``(A) is operated by an institution of higher education or
nonprofit marine research organization;
``(B) has established management-driven national or
regional coral reef research or restoration programs;
``(C) has demonstrated abilities to coordinate closely with
appropriate Federal and State agencies, and other academic and
nonprofit organizations; and
``(D) maintains significant local community engagement and
outreach programs related to coral reef ecosystems.
``SEC. 213. CORAL REEF PRIZE COMPETITIONS.
``(a) In General.--Subject to the availability of appropriations,
the head of any Federal agency with a representative serving on the
United States Coral Reef Task Force established by section 10011 of the
James M. Inhofe National Defense Authorization Act for Fiscal Year
2023, may, individually or in cooperation with one or more agencies,
carry out a program to award prizes competitively under section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719).
``(b) Purposes.--Any program carried out under this section shall
be for the purpose of stimulating innovation to advance the ability of
the United States to understand, research, or monitor coral reef
ecosystems, or to develop management or adaptation options to preserve,
sustain, and restore coral reef ecosystems.
``(c) Priority Programs.--Priority shall be given to establishing
programs under this section that address communities, environments, or
industries that are in distress as a result of the decline or
degradation of coral reef ecosystems, including--
``(1) scientific research and monitoring that furthers the
understanding of causes behind coral reef decline and degradation
and the generally slow recovery following disturbances, including
changing ocean chemistry, temperature-related bleaching, disease,
and their associated impacts on coral physiology;
``(2) the development of monitoring or management options for
communities or industries that are experiencing significant
financial hardship;
``(3) the development of adaptation options to alleviate
economic harm and job loss caused by damage to coral reef
ecosystems;
``(4) the development of measures to help vulnerable
communities or industries, with an emphasis on rural communities
and businesses; and
``(5) the development of adaptation and management options for
impacted tourism industries.
``SEC. 214. REPORTS ON ADMINISTRATION.
``(a) In General.--Not later than 2 years after the date of the
enactment of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023, and every 2 years thereafter, the Administrator shall
submit to the committees specified in subsection (b) a report on the
administration of this title during the 2-year period preceding
submission of the report, including--
``(1) a description of all activities undertaken to implement
the National Coral Reef Resilience Strategy;
``(2) a statement of all funds obligated under the authorities
of this title; and
``(3) a summary, disaggregated by State, of Federal and non-
Federal contributions toward the costs of each project or activity
funded, in full or in part, under this title.
``(b) Committees Specified.--The committees specified in this
subsection are--
``(1) the Committee on Commerce, Science, and Transportation,
Committee on Environment and Public Works, Committee on Energy and
Natural Resources, and the Committee on Appropriations of the
Senate; and
``(2) the Committee on Natural Resources and the Committee on
Appropriations of the House of Representatives.
``SEC. 215. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to the
Administrator $45,000,000 for each of fiscal years 2023 through 2027 to
carry out this title which shall remain available until expended. Of
such amounts, there is authorized to be appropriated for each such
fiscal year--
``(1) $12,000,000 to carry out section 207;
``(2) $3,500,000 for activities authorized under section 211;
and
``(3) $4,500,000 to be provided to the cooperative institutes
designated under section 212(a) to carry out the functions
described in such section.
``(b) Administration.--Not more than 10 percent of the amounts
appropriated under subsection (a) may be used for program
administration or overhead costs incurred by the National Oceanic and
Atmospheric Administration or the Department of Commerce.
``SEC. 216. DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) Alaska native corporation.--The term `Alaska Native
Corporation' has the meaning given the term `Native Corporation' in
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602).
``(3) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Natural Resources of the House of Representatives.
``(4) Conservation.--The term `conservation' means the use of
methods and procedures necessary to preserve or sustain native
corals and associated species as diverse, viable, and self-
perpetuating coral reef ecosystems with minimal impacts from
invasive species, including--
``(A) all activities associated with resource management,
such as monitoring, assessment, protection, restoration,
sustainable use, management of habitat, and maintenance or
augmentation of genetic diversity;
``(B) mapping;
``(C) scientific expertise and technical assistance in the
development and implementation of management strategies for
marine protected areas and marine resources required by Federal
law;
``(D) law enforcement;
``(E) conflict resolution initiatives;
``(F) community outreach and education; and
``(G) promotion of safe and ecologically sound navigation
and anchoring.
``(5) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Alcyonacea (soft corals,
organ pipe corals, gorgonians), and Helioporacea (blue coral),
of the class Anthozoa; and
``(B) all species of the order Anthoathecata (fire corals
and other hydrocorals) of the class Hydrozoa.
``(6) Coral products.--The term `coral products' means any
living or dead specimens, parts, or derivatives, or any product
containing specimens, parts, or derivatives, of any species of
coral.
``(7) Coral reef.--The term `coral reef' means calcium
carbonate structures in the form of a reef or shoal, composed in
whole or in part by living coral, skeletal remains of coral,
crustose coralline algae, and other associated sessile marine
plants and animals.
``(8) Coral reef ecosystem.--The term `coral reef ecosystem'
means--
``(A) corals and other geographically and ecologically
associated marine communities of other reef organisms
(including reef plants and animals) associated with coral reef
habitat; and
``(B) the biotic and abiotic factors and processes that
control or significantly affect coral calcification rates,
tissue growth, reproduction, recruitment, abundance, coral-
algal symbiosis, and biodiversity in such habitat.
``(9) Coral reef ecosystem services.--The term `coral reef
ecosystem services' means the attributes and benefits provided by
coral reef ecosystems including--
``(A) protection of coastal beaches, structures, and
infrastructure;
``(B) habitat for organisms of economic, ecological,
biomedical, medicinal, and cultural value;
``(C) serving as centers for the promulgation, performance,
and training of cultural practices representative of
traditional ecological knowledge; and
``(D) aesthetic value.
``(10) Covered native entity.--The term `covered Native entity'
means a Native entity with interests in a coral reef ecosystem.
``(11) Covered reef manager.--The term `covered reef manager'
means--
``(A) a management unit of a covered State with
jurisdiction over a coral reef ecosystem;
``(B) a covered State; or
``(C) a coral reef stewardship partnership under section
206.
``(12) Covered state.--The term `covered State' means Florida,
Hawaii, and the territories of American Samoa, the Commonwealth of
the Northern Mariana Islands, Guam, Puerto Rico, and the United
States Virgin Islands.
``(13) Federal reef manager.--
``(A) In general.--The term `Federal reef manager' means--
``(i) a management unit of a Federal agency specified
in subparagraph (B) with lead management jurisdiction over
a coral reef ecosystem; or
``(ii) a coral reef stewardship partnership under
section 206(c).
``(B) Federal agencies specified.--A Federal agency
specified in this subparagraph is one of the following:
``(i) The National Oceanic and Atmospheric
Administration.
``(ii) The National Park Service.
``(iii) The United States Fish and Wildlife Service.
``(iv) The Office of Insular Affairs.
``(14) Institution of higher education.--The term `institution
of higher education' has the meaning given that term in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001).
``(15) Interested stakeholder groups.--The term `interested
stakeholder groups' means any of the following with interest in an
applicable coral reef or ecologically significant unit of a coral
reef:
``(A) A business.
``(B) A commercial or recreational fisherman.
``(C) A recreationalist.
``(D) A Federal, State, Tribal, or local government unit
with related jurisdiction.
``(E) An institution of higher education (as such term is
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
``(F) A nongovernmental organization.
``(16) National coral reef resilience strategy.--The term
`National Coral Reef Resilience Strategy' means the National Coral
Reef Resilience Strategy in effect under section 204.
``(17) Native entity.--The term `Native entity' means any of
the following:
``(A) An Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)).
``(B) An Alaska Native Corporation.
``(C) The Department of Hawaiian Home Lands.
``(D) The Office of Hawaiian Affairs.
``(E) A Native Hawaiian organization (as defined in section
6207 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7517)).
``(18) Nonprofit organization.--The term `nonprofit
organization' means any corporation, trust, association,
cooperative, or other organization, not including an institution of
higher education, that--
``(A) is operated primarily for scientific, educational,
service, charitable, or similar purposes in the public
interest;
``(B) is not organized primarily for profit; and
``(C) uses net proceeds to maintain, improve, or expand the
operations of the organization.
``(19) Restoration.--The term `restoration' means the use of
methods and procedures necessary to enhance, rehabilitate,
recreate, or create a functioning coral reef or coral reef
ecosystem, in whole or in part, within suitable waters of the
historical geographic range of such ecosystems, to provide
ecological, economic, cultural, or coastal resiliency services
associated with healthy coral reefs and benefit native populations
of coral reef organisms.
``(20) Resilience.--The term `resilience' means the capacity
for corals within their native range, coral reefs, or coral reef
ecosystems to resist and recover from natural and human
disturbances, and maintain structure and function to provide coral
reef ecosystem services, as determined by clearly identifiable,
measurable, and science-based standards.
``(21) Secretary.--The term `Secretary' means the Secretary of
Commerce.
``(22) State.--The term `State' means--
``(A) any State of the United States that contains a coral
reef ecosystem within its seaward boundaries;
``(B) American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, or the United States Virgin
Islands; or
``(C) any other territory or possession of the United
States or separate sovereign in free association with the
United States that contains a coral reef ecosystem within its
seaward boundaries.
``(23) Stewardship.--The term `stewardship', with respect to a
coral reef, includes conservation, restoration, and public outreach
and education.
``(24) Task force.--The term `Task Force' means the United
States Coral Reef Task Force established under section 10011 of the
James M. Inhofe National Defense Authorization Act for Fiscal Year
2023.''.
(b) Conforming Amendment to National Oceans and Coastal Security
Act.--Section 905(a) of the National Oceans and Coastal Security Act
(16 U.S.C. 7504(a)) is amended by striking ``and coastal
infrastructure'' and inserting ``, coastal infrastructure, and
ecosystem services provided by natural systems such as coral reefs''.
(c) Comptroller General Review of Coral Reef Conservation Programs
at the National Oceanic and Atmospheric Administration.--The
Comptroller General of the United States shall, not later than 1 year
after the date of the enactment of this Act, submit to Congress and the
National Oceanic and Atmospheric Administration a report that--
(1) examines the budget and accounting practices of the coral
reef conservation programs of such Administration, including
expenditure tracking across line and program offices;
(2) examines the process for determining appropriate project
goals and funding priorities; and
(3) includes recommendations on policies or best practices that
may improve the transparency and accountability of coral reef
conservation programs.
(d) Savings Clause.--None of the amendments made by or provisions
of this title may be construed to enlarge the management authority of a
Federal agency or coral reef stewardship partnership to coral reefs and
coral reef ecosystems outside the boundaries of such agency's or
partnership's jurisdiction.
Subtitle B--United States Coral Reef Task Force
SEC. 10011. ESTABLISHMENT.
There is established a task force to lead, coordinate, and
strengthen Federal Government actions to better preserve, conserve, and
restore coral reef ecosystems, to be known as the ``United States Coral
Reef Task Force'' (in this subtitle referred to as the ``Task Force'').
SEC. 10012. DUTIES.
The duties of the Task Force shall be--
(1) to coordinate, in cooperation with covered States, covered
Native entities, Federal reef managers, covered reef managers,
coral reef research centers designated under section 212(b) of the
Coral Reef Conservation Act of 2000 (as added by this division),
and other nongovernmental and academic partners as appropriate,
activities regarding the mapping, monitoring, research,
conservation, mitigation, and restoration of coral reefs and coral
reef ecosystems;
(2) to monitor and advise regarding implementation of the
policy and Federal agency responsibilities set forth in--
(A) Executive Order 13089 (63 Fed. Reg. 32701; relating to
coral reef protection); and
(B) the National Coral Reef Resilience Strategy;
(3) to work in coordination with the other members of the Task
Force--
(A) to assess the United States role in international trade
and protection of coral species;
(B) to encourage implementation of appropriate strategies
and actions to promote conservation and sustainable use of
coral reef resources worldwide; and
(C) to collaborate with international communities
successful in managing coral reefs;
(4) to provide technical assistance for the development and
implementation, as appropriate, of--
(A) the National Coral Reef Resilience Strategy; and
(B) coral reef action plans under section 205 of that Act;
and
(5) to produce a report each year, for submission to the
appropriate congressional committees and publication on the public
website of the Task Force, highlighting the status of the coral
reef resources of a covered State on a rotating basis, including--
(A) a summary of recent coral reef management and
restoration activities undertaken in that State; and
(B) updated estimates of the direct and indirect economic
activity supported by, and other benefits associated with,
those coral reef resources.
SEC. 10013. MEMBERSHIP.
(a) Voting Membership.--The voting members of the Task Force shall
be--
(1) the Under Secretary of Commerce for Oceans and Atmosphere
and the Secretary of Interior, who shall be co-chairpersons of the
Task Force;
(2) such representatives from other Federal agencies as the
President, in consultation with the Under Secretary, determines
appropriate; and
(3) the Governor, or a representative of the Governor, of each
covered State.
(b) Nonvoting Members.--The Task Force shall have the following
nonvoting members:
(1) A member of the South Atlantic Fishery Management Council
who is designated by the Governor of Florida under section
302(b)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(b)(1)).
(2) A member of the Gulf of Mexico Fishery Management Council
who is designated by the Governor of Florida under such section.
(3) A member of the Western Pacific Fishery Management Council
who is designated under such section and selected as follows:
(A) For the period beginning on the date of the enactment
of this Act and ending on December 31 of the calendar year
during which such date of enactment occurs, the member shall be
selected jointly by the Governors of Hawaii, American Samoa,
Guam, and the Commonwealth of the Northern Mariana Islands.
(B) For each calendar year thereafter, the Governors of
Hawaii, American Samoa, Guam, and the Commonwealth of the
Northern Mariana Islands shall, on a rotating basis, take turns
selecting the member.
(4) A member of the Caribbean Fishery Management Council who is
designated under such section and selected as follows:
(A) For the period beginning on the date of the enactment
of this Act and ending on December 31 of the calendar year
during which such date of enactment occurs, the member shall be
selected jointly by the Governors of Puerto Rico and the United
States Virgin Islands.
(B) For each calendar year thereafter, the Governors of
Puerto Rico and the United States Virgin Islands shall, on an
alternating basis, take turns selecting the member.
(5) A member appointed by the President of the Federated States
of Micronesia.
(6) A member appointed by the President of the Republic of the
Marshall Islands.
(7) A member appointed by the President of the Republic of
Palau.
SEC. 10014. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.
(a) In General.--A member of the Task Force described in section
10013(a) shall--
(1) identify the actions of the agency that member represents
that may affect coral reef ecosystems;
(2) use the programs and authorities of that agency to protect
and enhance the conditions of such ecosystems, including through
the promotion of basic and applied scientific research;
(3) collaborate with the Task Force to appropriately reflect
budgetary needs for coral reef conservation and restoration
activities in all agency budget planning and justification
documents and processes; and
(4) engage in any other coordinated efforts approved by the
Task Force.
(b) Co-chairpersons.--In addition to their responsibilities under
subsection (a), the co-chairpersons of the Task Force shall perform the
administrative functions of the Task Force and facilitate the
coordination of the members of the Task Force described in section
10013(a).
(c) Briefing.--Not less than 30 days before each meeting of the
Task Force, the program offices of the National Oceanic and Atmospheric
Administration responsible for implementing this title shall provide a
briefing to the relevant congressional committees on efforts and
spending associated with such implementation.
SEC. 10015. WORKING GROUPS.
(a) In General.--The co-chairpersons of the Task Force may
establish working groups as necessary to meet the goals and carry out
the duties of the Task Force.
(b) Requests From Members.--The members of the Task Force may
request that the co-chairpersons establish a working group under
subsection (a).
(c) Participation by Nongovernmental Organizations.--The co-
chairpersons may allow nongovernmental organizations as appropriate,
including academic institutions, conservation groups, and commercial
and recreational fishing associations, to participate in a working
group established under subsection (a).
(d) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
working groups established under this section.
SEC. 10016. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Environment and Public Works of the
Senate;
(C) the Committee on Energy and Natural Resources of the
Senate; and
(D) the Committee on Natural Resources of the House of
Representatives.
(2) Conservation, coral, coral reef, etc.--The terms
``conservation'', ``coral'', ``coral reef'', ``coral reef
ecosystem'', ``covered reef manager'', ``covered State'', ``Federal
reef manager'', ``National Coral Reef Resilience Strategy'',
``restoration'', ``resilience'', and ``State'' have the meanings
given those terms in section 216 of the Coral Reef Conservation Act
of 2000, as added by this division.
Subtitle C--Department of the Interior Coral Reef Authorities
SEC. 10021. CORAL REEF CONSERVATION AND RESTORATION ASSISTANCE.
(a) In General.--The Secretary of the Interior may provide
scientific expertise and technical assistance, and subject to the
availability of appropriations, financial assistance for the
conservation and restoration of coral reefs consistent with all
applicable laws governing resource management in Federal, State, and
Tribal waters, including--
(1) the National Coral Reef Resilience Strategy; and
(2) coral reef action plans in effect under section 205 of the
Coral Reef Conservation Act of 2000, as added by this division, as
applicable.
(b) Coral Reef Initiative.--The Secretary may establish a Coral
Reef Initiative Program--
(1) to provide grant funding to support local management,
conservation, and protection of coral reef ecosystems in--
(A) coastal areas of covered States; and
(B) Freely Associated States;
(2) to enhance resource availability of National Park Service
and National Wildlife Refuge System management units to implement
coral reef conservation and restoration activities;
(3) to complement the other conservation and assistance
activities conducted under this Act or the Coral Reef Conservation
Act of 2000, as amended by section 10001; and
(4) to provide other technical, scientific, and financial
assistance and conduct conservation and restoration activities that
advance the purposes of this title and the Coral Reef Conservation
Act of 2000, as amended by this division.
(c) Consultation With the Department of Commerce.--
(1) Coral reef conservation and restoration activities.--The
Secretary of the Interior may consult with the Secretary of
Commerce regarding the conduct of any activities to conserve and
restore coral reefs and coral reef ecosystems in waters managed
under the jurisdiction of the Federal agencies specified in
paragraphs (2) and (3) of section 203(c) of the Coral Reef
Conservation Act of 2000, as added by this division.
(2) Award of coral reef management fellowship.--The Secretary
of the Interior shall consult with the Secretary of Commerce to
award the Susan L. Williams Coral Reef Management Fellowship under
subtitle D.
(d) Cooperative Agreements.--Subject to the availability of
appropriations, the Secretary of the Interior may enter into
cooperative agreements with covered reef managers to fund coral reef
conservation and restoration activities in waters managed under the
jurisdiction of such managers that--
(1) are consistent with the National Coral Reef Resilience
Strategy; and
(2) support and enhance the success of coral reef action plans
in effect under section 205 of the Coral Reef Conservation Act of
2000, as added by this division.
(e) Definitions.--In this section:
(1) Conservation, coral, coral reef, etc.--The terms
``conservation'', ``coral reef'', ``covered reef manager'',
``covered State'', ``National Coral Reef Resilience Strategy'',
``restoration'', and ``State'' have the meanings given those terms
in section 216 of the Coral Reef Conservation Act of 2000, as added
by this division.
(2) Tribe; tribal.--The terms ``Tribe'' and ``Tribal'' refer to
Indian Tribes (as defined in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)).
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
SEC. 10031. SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT
FELLOWSHIP.
(a) Definitions.--In this section:
(1) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the meaning given the term ``Native Corporation''
in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602).
(2) Fellow.--The term ``fellow'' means a National Coral Reef
Management Fellow.
(3) Fellowship.--The term ``fellowship'' means the National
Coral Reef Management Fellowship established in subsection (c).
(4) Covered native entity.--The term ``covered Native entity''
has the meaning given the term in section 216 of the Coral Reef
Conservation Act of 2000, as added by this division.
(5) Covered state.--The term ``covered State'' has the meaning
given the term in section 216 of the Coral Reef Conservation Act of
2000, as added by this division.
(6) Native entity.--The term ``Native entity'' has the meaning
given the term in section 216 of the Coral Reef Conservation Act of
2000, as added by this division.
(7) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
(b) Establishment of Fellowship Program.--
(1) In general.--There is established a National Coral Reef
Management Fellowship Program.
(2) Purposes.--The purposes of the fellowship are--
(A) to encourage future leaders of the United States to
develop additional coral reef management capacity in States and
local communities with coral reefs;
(B) to provide management agencies of covered States and
covered Native entities with highly qualified candidates whose
education and work experience meet the specific needs of each
covered State or covered Native entity; and
(C) to provide fellows with professional experience in
management of coastal and coral reef resources.
(c) Fellowship Awards.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall award a fellowship in accordance
with this subsection.
(2) Term of fellowship.--A fellowship awarded under this
subsection shall be for a term of not more than 2 years.
(3) Qualifications.--The Secretary, in consultation with the
Secretary of the Interior, shall award a fellowship to individuals
who have demonstrated--
(A) an intent to pursue a career in marine services and
outstanding potential for such a career;
(B) leadership potential, actual leadership experience, or
both;
(C) possession of a college or graduate degree in
biological science, a college or graduate degree in resource
management with experience that correlates with aptitude and
interest for marine management, or both;
(D) proficient writing and speaking skills; and
(E) such other attributes as the Secretary, in consultation
with the Secretary of the Interior, considers appropriate.
(d) Matching Requirement.--
(1) In general.--Except as provided in paragraph (2), the non-
Federal share of the costs of a fellowship under this section shall
be 25 percent of such costs.
(2) Waiver of matching requirement.--The Secretary may waive
the application of paragraph (1) to a fellowship if the Secretary
finds that such waiver is necessary to support a project that the
Secretary has identified as a high priority.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
SEC. 10101. PURPOSE.
The purpose of this title is to promote and support--
(1) the monitoring, understanding, and exploration of the Great
Lakes, oceans, bays, estuaries, and coasts; and
(2) the collection, analysis, synthesis, and sharing of data
related to the Great Lakes, oceans, bays, estuaries, and coasts to
facilitate scientific research and operational decisionmaking.
SEC. 10102. DEFINITIONS.
In this title:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the Under
Secretary of Commerce for Oceans and Atmosphere in the capacity as
Administrator of the National Oceanic and Atmospheric
Administration.
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
SEC. 10103. WORKFORCE STUDY.
(a) In General.--Section 303(a) of the America COMPETES
Reauthorization Act of 2010 (33 U.S.C. 893c(a)) is amended--
(1) by striking ``Secretary of Commerce'' and inserting ``Under
Secretary of Commerce for Oceans and Atmosphere'';
(2) in paragraph (2), by inserting ``, skillsets, or
credentials'' after ``degrees'';
(3) in paragraph (3), by inserting ``or highly qualified
technical professionals and tradespeople'' after ``atmospheric
scientists'';
(4) in paragraph (4), by inserting ``, skillsets, or
credentials'' after ``degrees'';
(5) in paragraph (5)--
(A) by striking ``scientist''; and
(B) by striking ``; and'' and inserting ``, observations,
and monitoring;''
(6) in paragraph (6), by striking ``into Federal'' and all that
follows and inserting ``, technical professionals, and tradespeople
into Federal career positions;''
(7) by redesignating paragraphs (2) through (6) as paragraphs
(3) through (7), respectively;
(8) by inserting after paragraph (1) the following:
``(2) whether there is a shortage in the number of individuals
with technical or trade-based degrees, skillsets, or credentials
suited to a career in oceanic and atmospheric data collection,
processing, satellite production, or satellite operations;''; and
(9) by adding at the end the following:
``(8) workforce diversity and actions the Federal Government
can take to increase diversity in the scientific workforce; and
``(9) actions the Federal Government can take to shorten the
hiring backlog for such workforce.''.
(b) Coordination.--Section 303(b) of such Act (33 U.S.C. 893c(b))
is amended by striking ``Secretary of Commerce'' and inserting ``Under
Secretary of Commerce for Oceans and Atmosphere''.
(c) Report.--Section 303(c) of such Act (33 U.S.C. 893c(c)) is
amended--
(1) by striking ``the date of enactment of this Act'' and
inserting ``the date of the enactment of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023'';
(2) by striking ``Secretary of Commerce'' and inserting ``Under
Secretary of Commerce for Oceans and Atmosphere''; and
(3) by striking ``to each committee'' and all that follows
through ``section 302 of this Act'' and inserting ``to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Natural Resources and the Committee on
Science, Space, and Technology of the House of Representatives''.
(d) Program and Plan.--Section 303(d) of such Act (33 U.S.C.
893c(d)) is amended--
(1) by striking ``Administrator of the National Oceanic and
Atmospheric Administration'' and inserting ``Under Secretary of
Commerce for Oceans and Atmosphere''; and
(2) by striking ``academic partners'' and all that follows and
inserting ``academic partners.''.
SEC. 10104. ACCELERATING INNOVATION AT COOPERATIVE INSTITUTES.
(a) Focus on Emerging Technologies.--The Administrator shall
consider evaluating the goals of 1 or more Cooperative Institutes of
the Administration to include focusing on advancing or applying
emerging technologies, which may include--
(1) applied uses and development of real-time and other
advanced genetic technologies and applications, including such
technologies and applications that derive genetic material directly
from environmental samples without any obvious signs of biological
source material;
(2) deployment of, and improvements to the durability,
maintenance, and other lifecycle concerns of, advanced unmanned
vehicles, regional small research vessels, and other research
vessels that support and launch unmanned vehicles and sensors; and
(3) supercomputing and big data management, including data
collected through model outputs, electronic monitoring, and remote
sensing.
(b) Coordination With Other Programs.--The Cooperative Institutes
shall work with the Interagency Ocean Observation Committee, the
regional associations of the Integrated Ocean Observing System, and
other ocean observing programs to coordinate technology needs and the
transition of new technologies from research to operations.
SEC. 10105. BLUE ECONOMY VALUATION.
(a) Measurement of Industries.--The Administrator, in consultation
with the heads of other relevant Federal agencies and subject to the
availability of appropriations, shall establish a program to improve
the collection, aggregation, and analysis of data to measure the value
and impact of industries related to the Great Lakes, oceans, bays,
estuaries, and coasts on the economy of the United States, including
military uses, living resources, marine construction, marine
transportation, offshore energy development and siting including for
renewable energy, offshore mineral production, ship and boat building,
tourism, recreation, subsistence, commercial, recreational, and charter
fishing, seafood processing, and other fishery-related businesses,
aquaculture such as kelp and shellfish, and other industries the
Administrator determines appropriate.
(b) Collaboration.--In carrying out subsection (a), the
Administrator shall--
(1) work with the Director of the Bureau of Economic Analysis
and the heads of other relevant Federal agencies to develop a
Coastal and Ocean Economy Satellite Account that includes national,
Tribal, and State-level statistics to measure the contribution of
the Great Lakes, oceans, bays, estuaries, and coasts to the overall
economy of the United States; and
(2) collaborate with national and international organizations
and governments to promote consistency of methods, measurements,
and definitions to ensure comparability of results between
countries.
(c) Report.--Not later than 2 years after the date of the enactment
of this section, and not less frequently than every 2 years thereafter
until the date that is 20 years after the date of the enactment of this
section, the Administrator, in consultation with the heads of other
relevant Federal agencies, shall publish a report that--
(1) defines the Blue Economy in consultation with Indian Tribes
and with input from academia, the private sector, nongovernmental
organizations, and other relevant experts;
(2) makes recommendations for updating North American Industry
Classification System reporting codes to reflect the Blue Economy;
and
(3) provides a comprehensive estimate of the value and impact
of the Blue Economy with respect to each State and territory of the
United States, including--
(A) the value and impact of--
(i) economic activities that are dependent upon the
resources of the Great Lakes, oceans, bays, estuaries, and
coasts;
(ii) the population and demographic characteristics of
the population along the coasts;
(iii) port and shoreline infrastructure;
(iv) the volume and value of cargo shipped by sea or
across the Great Lakes;
(v) data collected from the Great Lakes, oceans, bays,
estuaries, and coasts, including such data collected by
businesses that purchase and commodify the data, including
weather prediction and seasonal agricultural forecasting;
and
(vi) military uses; and
(B) to the extent possible, the qualified value and impact
of the natural capital of the Great Lakes, oceans, bays,
estuaries, and coasts with respect to tourism, recreation,
natural resources, and cultural heritage, including other
indirect values.
(d) Centralized Website for Resiliency Grants.--
(1) In general.--Not later than 180 days after the date of the
enactment of this section, the Administrator, in coordination with
the heads of other relevant Federal agencies, shall create and
regularly update a public website to improve education, outreach,
and public information regarding grants and other public funding
opportunities of the Administration related to resiliency.
(2) Contents of website.--The website created under paragraph
(1) shall include the following:
(A) Hyperlinks, descriptions, deadlines, and resources to
support applicants including technical assistance and other
information as the Administrator determines appropriate
relating to resilience grants administered by--
(i) the Administration;
(ii) other relevant Federal agencies; or
(iii) foundations in coordination with the
Administration.
(B) Information described in subparagraph (A) that is
specific to supporting Tribal Governments and Tribal Colleges
and Universities, and, with respect to each such grant
described in paragraph (1), the contact information for an
individual of the Administration who can assist Tribal
Governments and Tribal Colleges and Universities in applying
for such grants.
(C) Information described in subparagraph (A) that is
specific to supporting Historically Black Colleges and
Universities, and, with respect to each such grant described in
paragraph (1), the contact information for an individual of the
Administration who can assist Historically Black Colleges and
Universities in applying for such grants.
(3) Outreach.--The Administrator shall conduct outreach
activities to inform State, Tribal, and local governments of
resiliency, adaptation, and mitigation grants that are available to
such governments.
(4) Definitions.--In this section:
(A) Historically black colleges and universities.--The term
``Historically Black Colleges and Universities'' has the
meaning given the term ``part B institution'' in section 322 of
the Higher Education Act of 1965 (20 U.S.C. 1061).
(B) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
SEC. 10106. NO ADDITIONAL FUNDS AUTHORIZED.
Funds to carry out this title may, as provided in advance in
appropriations Acts, only come from within amounts authorized to be
appropriated to the National Oceanic and Atmospheric Administration.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
SEC. 10201. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The ocean and coastal waters and the Great Lakes of the
United States are foundational to the economy, security, global
competitiveness, and well-being of the United States and
continuously serve the people of the United States and other
countries as an important source of food, energy, economic
productivity, recreation, beauty, and enjoyment.
(2) Over many years, the resource productivity and water
quality of the ocean, coastal, and Great Lakes areas of the United
States have been diminished by pollution, increasing population
demands, economic development, and natural and man-made hazard
events, both acute and chronic.
(3) The ocean, coastal, and Great Lakes areas of the United
States are managed by State and Federal resource agencies and
Indian Tribes and regulated on an interstate and regional scale by
various overlapping Federal authorities, thereby creating a
significant need for interstate coordination to enhance regional
priorities, including the ecological and economic health of those
areas.
(4) Indian Tribes have unique expertise and knowledge important
for the stewardship of the ocean and coastal waters and the Great
Lakes of the United States.
(b) Purposes.--The purposes of this title are as follows:
(1) To complement and expand cooperative voluntary efforts
intended to manage, conserve, and restore ocean, coastal, and Great
Lakes areas spanning across multiple State and Indian Tribe
jurisdictions.
(2) To expand Federal support for monitoring, data management,
restoration, research, and conservation activities in ocean,
coastal, and Great Lakes areas.
(3) To commit the United States to a comprehensive cooperative
program to achieve improved water quality in, and improvements in
the productivity of living resources of, oceans, coastal, and Great
Lakes ecosystems.
(4) To authorize Regional Ocean Partnerships as
intergovernmental coordinators for shared regional priorities among
States and Indian Tribes relating to the collaborative management
of the large marine ecosystems, thereby reducing duplication of
efforts and maximizing opportunities to leverage support in the
ocean and coastal regions.
(5) To empower States to take a lead role in managing oceans,
coastal, and Great Lakes areas.
(6) To incorporate rights of Indian Tribes in the management of
oceans, coasts, and Great Lakes resources and provide resources to
support Indian Tribe participation in and engagement with Regional
Ocean Partnerships.
(7) To enable Regional Ocean Partnerships, or designated fiscal
management entities of such partnerships, to receive Federal
funding to conduct the scientific research, conservation, and
restoration activities, and priority coordination on shared
regional priorities necessary to achieve the purposes described in
paragraphs (1) through (6).
SEC. 10202. REGIONAL OCEAN PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coastal state.--The term ``coastal State'' has the meaning
given the term ``Coastal state'' in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning
given that term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(4) Regional ocean partnership.--The term ``Regional Ocean
Partnership'' means a Regional Ocean Partnership designated under
subsection (b).
(b) Regional Ocean Partnerships.--
(1) In general.--A coastal State or Indian Tribe may form a
partnership with--
(A) a coastal State that shares a common ocean or coastal
area with the coastal State, without regard to whether the
coastal States are contiguous; and
(B) States--
(i) that share a common ocean, coastal area, or
watershed with the coastal State, without regard to whether
the coastal States are contiguous; or
(ii) that would contribute to the priorities of the
partnership; and
(C) Indian Tribes.
(2) Requirements.--A partnership formed under paragraph (1) may
apply for designation as a Regional Ocean Partnership in such time
and manner as determined appropriate by the Secretary if the
partnership--
(A) is established to coordinate the management of ocean,
coastal, and Great Lakes resources among the members of the
partnership;
(B) focuses on the environmental issues affecting the
ocean, coastal, and Great Lakes areas of the members
participating in the partnership;
(C) complements existing coastal and ocean management
efforts of States and Indian Tribes on an interstate scale,
focusing on shared regional priorities;
(D) does not have a regulatory function; and
(E) is not duplicative of an existing Regional Ocean
Partnership designated under paragraph (3), as determined by
the Secretary.
(3) Designation of certain entities as regional ocean
partnerships.--The following entities are designated as Regional
Ocean Partnerships:
(A) The Gulf of Mexico Alliance, comprised of the States of
Alabama, Florida, Louisiana, Mississippi, and Texas.
(B) The Northeast Regional Ocean Council, comprised of the
States of Maine, Vermont, New Hampshire, Massachusetts,
Connecticut, and Rhode Island.
(C) The Mid-Atlantic Regional Council on the Ocean,
comprised of the States of New York, New Jersey, Delaware,
Maryland, and Virginia.
(D) The West Coast Ocean Alliance, comprised of the States
of California, Oregon, and Washington and the coastal Indian
Tribes therein.
(4) Great lakes.--A partnership established under this section
for the purposes described in subsection (d) with respect to a
Great Lake may be known as a ``Regional Coastal Partnership'' or a
``Regional Great Lakes Partnership''.
(c) Governing Bodies of Regional Ocean Partnerships.--A Regional
Ocean Partnership shall have a governing body that--
(1) shall be comprised, at a minimum, of voting members from
each coastal state participating in the Regional Ocean Partnership,
designated by the Governor of the coastal state; and
(2) may include such other members as the partnership considers
appropriate.
(d) Functions.--A Regional Ocean Partnership may perform the
following functions:
(1) Promote coordination of the actions of the agencies of
governments participating in the partnership with the actions of
the appropriate officials of Federal agencies, State governments,
and Indian Tribes in developing strategies--
(A) to conserve living resources, increase valuable
habitats, enhance coastal resilience and ocean management,
promote ecological and economic health, and address such other
issues related to the shared ocean, coastal, or Great Lakes
areas as are determined to be a shared, regional priority by
those states; and
(B) to manage regional data portals and develop associated
data products for purposes that support the priorities of the
partnership.
(2) In cooperation with appropriate Federal and State agencies,
Indian Tribes, and local authorities, develop and implement
specific action plans to carry out coordination goals.
(3) Coordinate and implement priority plans and projects, and
facilitate science, research, modeling, monitoring, data
collection, and other activities that support the goals of the
partnership through the provision of grants and contracts under
subsection (f).
(4) Engage, coordinate, and collaborate with relevant
governmental entities and stakeholders to address ocean and coastal
related matters that require interagency or intergovernmental
solutions.
(5) Implement outreach programs for public information,
education, and participation to foster stewardship of the resources
of the ocean, coastal, and Great Lakes areas, as relevant.
(6) Develop and make available, through publications, technical
assistance, and other appropriate means, information pertaining to
cross-jurisdictional issues being addressed through the coordinated
activities of the partnership.
(7) Serve as a liaison with, and provide information to,
international counterparts, as appropriate on priority issues for
the partnership.
(e) Coordination, Consultation, and Engagement.--
(1) In general.--A Regional Ocean Partnership shall maintain
mechanisms for coordination, consultation, and engagement with the
following:
(A) The Federal Government.
(B) Indian Tribes.
(C) Nongovernmental entities, including academic
organizations, nonprofit organizations, and private sector
entities.
(D) Other federally mandated regional entities, including
the Regional Fishery Management Councils, the regional
associations of the National Integrated Coastal and Ocean
Observation System, and relevant Marine Fisheries Commissions.
(2) Rule of construction.--Nothing in paragraph (1)(B) may be
construed as affecting any requirement to consult with Indian
Tribes under Executive Order 13175 (25 U.S.C. 5301 note; relating
to consultation and coordination with Indian Tribal Governments) or
any other applicable law or policy.
(f) Grants and Contracts.--
(1) In general.--A Regional Ocean Partnership may, in
coordination with existing Federal, State, and Tribal management
programs, from amounts made available to the partnership by the
Administrator or the head of another Federal agency, subject to
appropriations for such purpose, provide grants and enter into
contracts for the purposes described in paragraph (2).
(2) Purposes.--The purposes described in this paragraph include
any of the following:
(A) Monitoring the water quality and living resources of
multistate ocean and coastal ecosystems and coastal
communities.
(B) Researching and addressing the effects of natural and
human-induced environmental changes on--
(i) ocean and coastal ecosystems; and
(ii) coastal communities.
(C) Developing and executing cooperative strategies that--
(i) address regional data issues identified by the
partnership; and
(ii) will result in more effective management of common
ocean and coastal areas.
(g) Report Required.--
(1) In general.--Not later than 5 years after the date of the
enactment of this Act, the Administrator, in coordination with the
Regional Ocean Partnerships, shall submit to Congress a report on
the partnerships.
(2) Report requirements.--The report required by paragraph (1)
shall include the following:
(A) An assessment of the overall status of the work of the
Regional Ocean Partnerships.
(B) An assessment of the effectiveness of the partnerships
in supporting regional priorities relating to the management of
common ocean, coastal, and Great Lakes areas.
(C) An assessment of the effectiveness of the strategies
that the partnerships are supporting or implementing and the
extent to which the priority needs of the regions covered by
the partnerships are being met through such strategies.
(D) An assessment of how the efforts of the partnerships
support or enhance Federal and State efforts consistent with
the purposes of this title.
(E) Such recommendations as the Administrator may have for
improving--
(i) efforts of the partnerships to support the purposes
of this title; and
(ii) collective strategies that support the purposes of
this title in coordination with all relevant Federal and
State entities and Indian Tribes.
(F) The distribution of funds from each partnership for
each fiscal year covered by the report.
(h) Availability of Federal Funds.--In addition to amounts made
available to the Regional Ocean Partnerships by the Administrator under
this section, the head of any other Federal agency may provide grants
to, enter into contracts with, or otherwise provide funding to such
partnerships, subject to availability of appropriations for such
purposes.
(i) Authorities.--Nothing in this section establishes any new legal
or regulatory authority of the National Oceanic and Atmospheric
Administration or of the Regional Ocean Partnerships, other than--
(1) the authority of the Administrator to provide amounts to
the partnerships; and
(2) the authority of the partnerships to provide grants and
enter into contracts under subsection (f).
(j) Authorizations.--
(1) Regional ocean partnerships.--There are authorized to be
appropriated to the Administrator the following amounts to be made
available to the Regional Ocean Partnerships or designated fiscal
management entities of such partnerships to carry out activities of
such partnerships under this title:
(A) $10,100,000 for fiscal year 2023.
(B) $10,202,000 for fiscal year 2024.
(C) $10,306,040 for fiscal year 2025.
(D) $10,412,160 for fiscal year 2026.
(E) $10,520,404 for fiscal year 2027.
(2) Distribution of amounts.--Amounts made available under this
subsection shall be divided evenly among the Regional Ocean
Partnerships.
(3) Tribal government participation.--There is authorized to be
appropriated to the Administrator $1,000,000 for each of fiscal
years 2023 through 2027 to be distributed to Indian Tribes for
purposes of participation in or engagement with the Regional Ocean
Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
SEC. 10301. FINDINGS.
Congress makes the following findings:
(1) The health and resilience of the ocean are vital to the
security and economy of the United States and to the lives of the
people of the United States.
(2) The United States depends on the ocean to regulate weather
and climate, to sustain and protect the diversity of life, for
maritime shipping, for national defense, and for food, energy,
medicine, recreation, and other services essential to the people of
the United States and all humankind.
(3) The prosperity, security, and well-being of the United
States depend on successful understanding and stewardship of the
ocean.
(4) Interdisciplinary cooperation and engagement among
government agencies, research institutions, nongovernmental
organizations, States, Indian Tribes, and the private sector are
essential for successful stewardship of ocean and coastal
environments, national economic growth, national security, and
development of agile strategies that develop, promote, and use new
technologies.
(5) Ocean exploration can help the people of the United States
understand how to be effective stewards of the ocean and serve as
catalysts and enablers for other sectors of the economy.
(6) Mapping, exploration, and characterization of the ocean
provides basic, essential information to protect and restore the
marine environment, stimulate economic activity, and provide
security for the United States.
(7) A robust national ocean exploration program engaging
multiple Federal agencies, Indian Tribes, the private sector,
nongovernmental organizations, and academia is--
(A) essential to the interests of the United States and
vital to its security and economy and the health and well-being
of all people of the United States; and
(B) critical to reestablish the United States at the
forefront of global ocean exploration and stewardship.
SEC. 10302. DEFINITIONS.
In this title:
(1) Characterization.--The term ``characterization'' means
activities that provide comprehensive data and interpretations for
a specific area of interest of the sea floor, sub-bottom, water
column, or hydrologic features, including water masses and
currents, in direct support of specific research, environmental
protection, resource management, policymaking, or applied mission
objectives.
(2) Exploration.--The term ``exploration'' means activities
that provide--
(A) a multidisciplinary view of an unknown or poorly
understood area of the seafloor, sub-bottom, or water column;
and
(B) an initial assessment of the physical, chemical,
geological, biological, archeological, or other characteristics
of such an area.
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning
given that term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(4) Mapping.--The term ``mapping'' means activities that
provide comprehensive data and information needed to understand
seafloor characteristics, such as depth, topography, bottom type,
sediment composition and distribution, underlying geologic
structure, and benthic flora and fauna.
SEC. 10303. OCEAN POLICY COMMITTEE.
(a) Subcommittees.--Section 8932(c) of title 10, United States
Code, is amended to read as follows:
``(c) Subcommittees.--(1) The Committee shall include--
``(A) a subcommittee to be known as the `Ocean Science and
Technology Subcommittee'; and
``(B) a subcommittee to be known as the `Ocean Resource
Management Subcommittee'.
``(2) In discharging its responsibilities in support of agreed-upon
scientific needs, and to assist in the execution of the
responsibilities described in subsection (b), the Committee may
delegate responsibilities to the Ocean Science and Technology
Subcommittee, the Ocean Resource Management Subcommittee, or another
subcommittee of the Committee, as the Committee determines
appropriate.''.
(b) Increased Access to Geospatial Data for More Efficient and
Informed Decisionmaking.--
(1) Establishment of document system.--Section 8932(b) of title
10, United States Code, is amended--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4)(F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) for projects under the purview of the Committee,
establish or designate one or more systems for ocean-related and
ocean-mapping-related documents prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in
accordance with subsection (h).''.
(2) Elements.--Section 8932 of such title is amended--
(A) by redesignating subsection (h) as subsection (i); and
(B) by inserting after subsection (g) the following new
subsection (h):
``(h) Elements of Document System.--The systems established or
designated under subsection (b)(5) may include the following:
``(1) A publicly accessible, centralized digital archive of
documents described in subsection (b)(5) that are finalized after
the date of the enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, including--
``(A) environmental impact statements;
``(B) environmental assessments;
``(C) records of decision; and
``(D) other relevant documents as determined by the lead
agency on a project.
``(2) Geospatially referenced data, if any, contained in the
documents under paragraph (1).
``(3) A mechanism to retrieve information through geo-
information tools that can map and integrate relevant geospatial
information, such as--
``(A) Ocean Report Tools;
``(B) the Environmental Studies Program Information System;
``(C) Regional Ocean Partnerships; and
``(D) the Integrated Ocean Observing System.
``(4) Appropriate safeguards on the public accessibility of
data to protect national security equities.''.
SEC. 10304. NATIONAL OCEAN MAPPING, EXPLORATION, AND CHARACTERIZATION
COUNCIL.
(a) Establishment.--The President shall establish a council, to be
known as the ``National Ocean Mapping, Exploration, and
Characterization Council'' (in this section referred to as the
``Council'').
(b) Purpose.--The Council shall--
(1) update national priorities for ocean mapping, exploration,
and characterization; and
(2) coordinate and facilitate activities to advance those
priorities.
(c) Reporting.--The Council shall report to the Ocean Science and
Technology Subcommittee of the Ocean Policy Committee established under
section 8932(c) of title 10, United States Code.
(d) Membership.--The Council shall be composed of senior-level
representatives from the appropriate Federal agencies.
(e) Co-Chairs.--The Council shall be co-chaired by--
(1) two senior-level representatives from the National Oceanic
and Atmospheric Administration; and
(2) one senior-level representative from the Department of the
Interior.
(f) Duties.--The Council shall--
(1) set national ocean mapping, exploration, and
characterization priorities and strategies;
(2) cultivate and facilitate transparent and sustained
partnerships among Federal and State agencies, Indian Tribes,
private industry, academia, and nongovernmental organizations to
conduct ocean mapping, exploration, and characterization activities
and related technology development;
(3) coordinate improved processes for data compilation,
management, access, synthesis, and visualization with respect to
ocean mapping, exploration, and characterization, with a focus on
building on existing ocean data management systems and with
appropriate safeguards on the public accessibility of data to
protect national security equities, as appropriate;
(4) encourage education, workforce training, and public
engagement activities that--
(A) advance interdisciplinary principles that contribute to
ocean mapping, exploration, research, and characterization;
(B) improve public engagement with and understanding of
ocean science; and
(C) provide opportunities for underserved populations;
(5) coordinate activities as appropriate with domestic and
international ocean mapping, exploration, and characterization
initiatives or programs; and
(6) establish and monitor metrics to track progress in
achieving the priorities set under paragraph (1).
(g) Interagency Working Group on Ocean Exploration and
Characterization.--
(1) Establishment.--The President shall establish a new
interagency working group to be known as the ``Interagency Working
Group on Ocean Exploration and Characterization''.
(2) Membership.--The Interagency Working Group on Ocean
Exploration and Characterization shall be comprised of senior
representatives from Federal agencies with ocean exploration and
characterization responsibilities.
(3) Functions.--The Interagency Working Group on Ocean
Exploration and Characterization shall support the Council and the
Ocean Science and Technology Subcommittee of the Ocean Policy
Committee established under section 8932(c) of title 10, United
States Code, on ocean exploration and characterization activities
and associated technology development across the Federal
Government, State governments, Indian Tribes, private industry,
nongovernmental organizations, and academia.
(h) Oversight.--The Council shall oversee--
(1) the Interagency Working Group on Ocean Exploration and
Characterization established under subsection (g)(1); and
(2) the Interagency Working Group on Ocean and Coastal Mapping
under section 12203 of the Ocean and Coastal Mapping Integration
Act (33 U.S.C. 3502).
(i) Plan.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Council shall develop or update and
submit to the appropriate committees of Congress a plan for an
integrated cross-sectoral ocean mapping, exploration, and
characterization initiative.
(2) Elements.--The plan required by paragraph (1) shall--
(A) discuss the utility and benefits of ocean exploration
and characterization;
(B) identify and describe national ocean mapping,
exploration, and characterization priorities;
(C) identify and describe Federal and federally funded
ocean mapping, exploration, and characterization programs;
(D) facilitate and incorporate non-Federal input into
national ocean mapping, exploration, and characterization
priorities;
(E) ensure effective coordination of ocean mapping,
exploration, and characterization activities among programs
described in subparagraph (C);
(F) identify opportunities for combining overlapping or
complementary needs, activities, and resources of Federal
agencies and non-Federal organizations relating to ocean
mapping, exploration, and characterization while not reducing
benefits from existing mapping, explorations, and
characterization activities;
(G) promote new and existing partnerships among Federal and
State agencies, Indian Tribes, private industry, academia, and
nongovernmental organizations to conduct or support ocean
mapping, exploration, and characterization activities and
technology development needs, including through coordination
under section 3 of the Commercial Engagement Through Ocean
Technology Act of 2018 (33 U.S.C. 4102) and the National
Oceanographic Partnership Program under section 8931 of title
10, United States Code;
(H) develop a transparent and sustained mechanism for non-
Federal partnerships and stakeholder engagement in strategic
planning and mission execution to be implemented not later than
December 31, 2023, for coordinating such activities with--
(i) institutions of higher education (as such term is
defined in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)), the private sector, philanthropic
organizations, and nonprofits; and
(ii) international partners for activities relating to
maritime areas (including the sea floor) beyond the
jurisdiction of the Federal Government;
(I) establish standardized collection and data management
protocols, including with respect to metadata, for ocean
mapping, exploration, and characterization which--
(i) are publicly accessible and locatable via
appropriate Federal repositories;
(ii) can facilitate the integration of ocean data into
products and use innovations from non-Federal partners; and
(iii) have appropriate safeguards on the public
accessibility of data to protect national security;
(J) encourage the development, testing, demonstration, and
adoption of innovative ocean mapping, exploration, and
characterization technologies and applications;
(K) promote protocols for accepting data, equipment,
approaches, or other resources that support national ocean
mapping, exploration, and characterization priorities;
(L) identify best practices for the protection of marine
life during mapping, exploration, and characterization
activities;
(M) identify training, technology, and other resource
requirements for enabling the National Oceanic and Atmospheric
Administration and other appropriate Federal agencies to
support a coordinated national ocean mapping, exploration, and
characterization effort;
(N) identify and facilitate a centralized mechanism or
office for coordinating data collection, compilation,
processing, archiving, and dissemination activities relating to
ocean mapping, exploration, and characterization that meets
Federal mandates for data accuracy and accessibility;
(O) designate repositories responsible for archiving and
managing ocean mapping, exploration, and characterization data;
(P) set forth a timetable and estimated costs for
implementation and completion of the plan;
(Q) to the extent practicable, align ocean exploration and
characterization efforts with existing programs and identify
key gaps; and
(R) identify criteria for determining the optimal frequency
of observations; and
(S) provide recommendations, developed in coordination with
the private sector, to improve incentives, access, and
processes for the private sector to share ocean-related data
with the public and Federal Government.
(j) Briefings.--Not later than 1 year after the date of the
enactment of this Act, and not less frequently than once every 2 years
thereafter, the Council shall brief the appropriate committees of
Congress on--
(1) progress made toward meeting the national priorities
described in subsection (i)(2)(B); and
(2) recommendations for meeting such priorities, such as
additional authorities that may be needed to develop a mechanism
for non-Federal partnerships and stakeholder engagement described
in subsection (i)(2)(H).
(k) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation and
the Committee on Armed Services of the Senate; and
(2) the Committee on Natural Resources, the Committee on
Science, Space, and Technology, and the Committee on Armed Services
of the House of Representatives.
SEC. 10305. MODIFICATIONS TO THE OCEAN EXPLORATION PROGRAM OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) Purpose.--Section 12001 of the Omnibus Public Land Management
Act of 2009 (33 U.S.C. 3401) is amended by striking ``and the national
undersea research program''.
(b) Program Established.--Section 12002 of such Act (33 U.S.C.
3402) is amended--
(1) in the first sentence, by striking ``and undersea''; and
(2) in the second sentence, by striking ``and undersea research
and exploration'' and inserting ``research and ocean exploration
and characterization efforts''.
(c) Powers and Duties of the Administrator.--
(1) In general.--Section 12003(a) of such Act (33 U.S.C.
3403(a)) is amended--
(A) in the matter preceding paragraph (1), by inserting ``,
in consultation with the Ocean Policy Committee established
under section 8932 of title 10, United States Code,'' after
``Administration'';
(B) in paragraph (1)--
(i) by striking ``voyages'' and inserting
``expeditions'';
(ii) by striking ``Federal agencies'' and all that
follows through ``and survey'' and inserting ``Federal and
State agencies, Tribal Governments, private industry,
academia (including secondary schools, community colleges,
and universities), and nongovernmental organizations, to
map, explore, and characterize''; and
(iii) by inserting ``characterize,'' after
``observe,'';
(C) in paragraph (2), by inserting ``of the exclusive
economic zone'' after ``deep ocean regions'';
(D) in paragraph (3), by striking ``voyages'' and inserting
``expeditions'';
(E) in paragraph (4), by striking ``, in consultation with
the National Science Foundation,'';
(F) by amending paragraph (5) to read as follows:
``(5) support technological innovation of the United States
marine science community by promoting the development and use of
new and emerging technologies for research, communication,
navigation, and data collection, such as sensors and autonomous
vehicles;'';
(G) in paragraph (6), by inserting ``, in consultation with
the National Ocean Mapping, Exploration, and Characterization
Council established under section 5405 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023,''
after ``forum'';
(H) by adding at the end the following:
``(7) provide guidance, in consultation with the National Ocean
Mapping, Exploration, and Characterization Council, to Federal and
State agencies, Tribal Governments, private industry, academia
(including secondary schools, community colleges, and
universities), and nongovernmental organizations on data standards,
protocols for accepting data, and coordination of data collection,
compilation, processing, archiving, and dissemination for data
relating to ocean exploration and characterization; and
``(8) coordinate with applicable ocean mapping, ocean
monitoring, and ocean observation programs to maximize coordination
and collaboration opportunities, prevent duplication of such
activities and identify gaps in data.''.
(2) Donations.--Section 12003(b) of such Act (33 U.S.C.
3403(b)) is amended to read as follows:
``(b) Donations.--For the purpose of mapping, exploring, and
characterizing the oceans or increasing the knowledge of the oceans,
the Administrator may--
``(1) accept monetary donations, which shall be credited as
discretionary offsetting collections to the currently applicable
appropriation, account, or fund of the National Oceanic and
Atmospheric Administration and shall be made available for such
purposes only to the extent and in the amounts provided in advance
in appropriations Acts;
``(2) accept donations of property, data, and equipment; and
``(3) pay all necessary expenses in connection with the
conveyance or transfer of a gift, devise, or bequest.''.
(3) Definition of exclusive economic zone.--Section 12003 of
such Act (33 U.S.C. 3403) is amended by adding at the end the
following:
``(c) Definition of Exclusive Economic Zone.--In this section, the
term `exclusive economic zone' means the zone established by
Presidential Proclamation Number 5030, dated March 10, 1983 (16 U.S.C.
1453 note).''.
(d) Repeal of Ocean Exploration and Undersea Research Technology
and Infrastructure Task Force.--Section 12004 of such Act (33 U.S.C.
3404) is repealed.
(e) Education, Workforce Training, and Outreach.--
(1) In general.--Such Act is further amended by inserting after
section 12003 the following new section 12004:
``SEC. 12004. EDUCATION, WORKFORCE TRAINING, AND OUTREACH.
``(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration shall--
``(1) conduct education and outreach efforts in order to
broadly disseminate information to the public on the discoveries
made by the program under section 12002;
``(2) to the extent possible, coordinate the efforts described
in paragraph (1) with the outreach strategies of other domestic or
international ocean mapping, exploration, and characterization
initiatives; and
``(3) establish a fellowship program at the National Oceanic
and Atmospheric Administration to provide year-long fellowships to
undergraduate students from institutions described in section
371(a) of the Higher Education Act of 1965.
``(b) Education and Outreach Efforts.--Efforts described in
subsection (a)(1) may include--
``(1) education of the general public, teachers, students, and
ocean and coastal resource managers; and
``(2) workforce training, reskilling, and opportunities to
encourage development of ocean-related science, technology,
engineering, and mathematics technical training programs involving
secondary schools, community colleges, and universities, including
institutions described in section 371(a) of the Higher Education
Act of 1965.
``(c) Outreach Strategy.--Not later than 180 days after the date of
the enactment of the National Ocean Exploration Act, the Administrator
of the National Oceanic and Atmospheric Administration shall develop an
outreach strategy to broadly disseminate information on the discoveries
made by the program under section 12002.''.
(2) Clerical amendment.--The table of contents in section 1(b)
of the Omnibus Public Land Management Act of 2009 (Public Law 111-
11; 123 Stat. 991) is amended by striking the item relating to
section 12004 and inserting the following:
``Sec. 12004. Education, workforce training, and outreach.''.
(f) Ocean Exploration Advisory Board.--
(1) Establishment.--Section 12005(a) of such Act (33 U.S.C.
3505(a)) is amended--
(A) by inserting ``, including representatives from
academic, commercial, nonprofit, philanthropic, policy, and
Tribal entities'' after ``relevant fields'';
(B) by amending paragraph (1) to read as follows:
``(1) to advise the Administrator on priority areas for survey,
discovery, and opportunities for extramural collaboration and
partnerships;'';
(C) by redesignating paragraph (4) as paragraph (6); and
(D) by inserting after paragraph (3) the following:
``(4) to identify market barriers to development or
commercialization of novel ocean mapping, exploration, and
characterization products, processes, and tools;
``(5) to identify best practices to improve data management,
processing, storage, and archiving standards; and''.
(2) Technical amendment.--Section 12005(c) of such Act (33
U.S.C. 3505(c)) is amended by inserting ``this'' before ``part''.
(g) Authorization of Appropriations.--Section 12006 of such Act (33
U.S.C. 3406) is amended by striking ``this part'' and all that follows
and inserting ``this part $60,000,000 for each of fiscal years 2023
through 2028''.
(h) Definitions.--Such Act is further amended by inserting after
section 12006 the following:
``SEC. 12007. DEFINITIONS.
``In this part:
``(1) Characterization.--The terms `characterization',
`characterize', and `characterizing' mean activities that provide
comprehensive data and interpretations for a specific area of
interest of the sea floor, sub-bottom, water column, or hydrologic
features, such as water masses and currents, in direct support of
specific research, environmental protection, resource management,
policymaking, or applied mission objectives.
``(2) Exploration.--The term `exploration', `explore', and
`exploring' means activities that provide--
``(A) a multidisciplinary view of an unknown or poorly
understood area of the sea floor, sub-bottom, or water column;
and
``(B) an initial assessment of the physical, chemical,
geological, biological, archaeological, or other
characteristics of such an area.
``(3) Mapping.--The terms `map' and `mapping' mean activities
that provide comprehensive data and information needed to
understand sea floor characteristics, including depth, topography,
bottom type, sediment composition and distribution, underlying
geologic structure, and benthic flora and fauna.''.
(i) Clerical Amendment.--The table of contents in section 1(b) of
the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) is amended by inserting after the item relating to section
12006 the following:
``Sec. 12007. Definitions.''.
SEC. 10306. REPEAL.
(a) In General.--The NOAA Undersea Research Program Act of 2009
(part II of subtitle A of title XII of Public Law 111-11; 33 U.S.C.
3421 et seq.) is repealed.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) is amended by striking the items relating to part II of
subtitle A of title XII of such Act.
SEC. 10307. MODIFICATIONS TO OCEAN AND COASTAL MAPPING PROGRAM OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) Establishment of Program.--
(1) In general.--Section 12202(a) of the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3501(a)) is amended--
(A) by striking ``establish a program to develop a
coordinated and'' and inserting ``establish and maintain a
program to coordinate'';
(B) by striking ``plan'' and inserting ``efforts''; and
(C) by striking ``that enhances'' and all that follows and
inserting ``that--
``(1) enhances ecosystem approaches in decisionmaking for
natural resource and habitat management restoration and
conservation, emergency response, and coastal resilience and
adaptation;
``(2) establishes research and mapping priorities;
``(3) supports the siting of research and other platforms; and
``(4) advances ocean and coastal science.''.
(2) Membership.--Section 12202 of such Act (33 U.S.C. 3501) is
amended by striking subsection (b) and redesignating subsection (c)
as subsection (b).
(3) Program parameters.--Subsection (b) of section 12202 of
such Act (33 U.S.C. 3501), as redesignated by paragraph (2), is
amended--
(A) in the matter preceding paragraph (1), by striking
``developing'' and inserting ``maintaining'';
(B) in paragraph (2), by inserting ``and for leveraging
existing Federal geospatial services capacities and contract
vehicles for efficiencies'' after ``coastal mapping'';
(C) in paragraph (7), by striking ``with coastal state and
local government programs'' and inserting ``with mapping
programs, in conjunction with Federal and State agencies,
Tribal governments, private industry, academia, and
nongovernmental organizations'';
(D) in paragraph (8), by striking ``of real-time tide data
and the development'' and inserting ``of tide data and water-
level data and the development and dissemination'';
(E) in paragraph (9), by striking ``; and'' and inserting a
semicolon;
(F) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(G) by adding at the end the following:
``(11) support--
``(A) the Ocean Science and Technology Subcommittee of the
Ocean Policy Committee established under section 8932(c) of
title 10, United States Code; and
``(B) the National Ocean Mapping, Exploration, and
Characterization Council established under section 5405 of the
National Ocean Exploration Act.''.
(b) Interagency Working Group on Ocean and Coastal Mapping.--
(1) Name change.--The Ocean and Coastal Mapping Integration Act
(33 U.S.C. 3501 et seq.) is amended--
(A) in section 12202 (33 U.S.C. 3501)--
(i) in subsection (a), by striking ``Interagency
Committee on Ocean and Coastal Mapping'' and inserting
``Interagency Working Group on Ocean and Coastal Mapping
under section 12203''; and
(ii) in subsection (b), as redesignated by subsection
(a)(2), by striking ``Committee'' and inserting ``Working
Group'';
(B) in section 12203 (33 U.S.C. 3502)--
(i) in the section heading, by striking ``committee''
and inserting ``working group'';
(ii) in subsection (b), in the first sentence, by
striking ``committee'' and inserting ``Working Group'';
(iii) in subsection (e), by striking ``committee'' and
inserting ``Working Group''; and
(iv) in subsection (f), by striking ``committee'' and
inserting ``Working Group''; and
(C) in section 12208 (33 U.S.C. 3507), by amending
paragraph (3) to read as follows:
``(3) Working group.--The term `Working Group' means the
Interagency Working Group on Ocean and Coastal Mapping under
section 12203.''.
(2) In general.--Section 12203(a) of such Act (33 U.S.C.
3502(a)) is amended by striking ``within 30 days'' and all that
follows and inserting ``not later than 30 days after the date of
the enactment of the National Ocean Exploration Act, shall use the
Interagency Working Group on Ocean and Coastal Mapping in existence
as of the date of the enactment of such Act to implement section
12202.''.
(3) Membership.--Section 12203(b) of such Act (33 U.S.C.
3502(b)) is amended--
(A) by striking ``senior'' both places it appears and
inserting ``senior-level'';
(B) by striking the second sentence;
(C) by striking ``the Minerals Management Service'' and
inserting ``the Bureau of Ocean Energy Management of the
Department of the Interior, the Office of the Assistant
Secretary, Fish and Wildlife and Parks of the Department of the
Interior''; and
(D) by striking ``the Chief of Naval Operations'' and
inserting ``the Department of the Navy''.
(4) Co-chairs.--Section 12203(c) of such Act (33 U.S.C.
3502(c)) is amended to read as follows:
``(c) Co-Chairs.--The Working Group shall be co-chaired by one
representative from each of the following:
``(1) The National Oceanic and Atmospheric Administration.
``(2) The Department of the Interior.''.
(5) Subordinate groups.--Section 12203(d) of such Act (33
U.S.C. 3502(d)) is amended to read as follows:
``(d) Subordinate Groups.--The co-chairs may establish such
permanent or temporary subordinate groups as determined appropriate by
the Working Group.''.
(6) Meetings.--Section 12203(e) of such Act (33 U.S.C. 3502(e))
is amended by striking ``each subcommittee and each working group''
and inserting ``each subordinate group''.
(7) Coordination.--Section 12203(f) of such Act (33 U.S.C.
3502(f)) is amended by striking paragraphs (1) through (5) and
inserting the following:
``(1) other Federal efforts;
``(2) international mapping activities;
``(3) coastal States;
``(4) coastal Indian Tribes;
``(5) data acquisition and user groups through workshops,
partnerships, and other appropriate mechanisms; and
``(6) representatives of nongovernmental entities.''.
(8) Advisory panel.--Section 12203 of such Act (33 U.S.C. 3502)
is amended by striking subsection (g).
(9) Functions.--Section 12203 of such Act (33 U.S.C. 3502), as
amended by paragraph (8), is further amended by adding at the end
the following:
``(g) Support Functions.--The Working Group shall support the
National Ocean Mapping, Exploration, and Characterization Council
established under section 5405 of the National Ocean Exploration Act
and the Ocean Science and Technology Subcommittee of the Ocean Policy
Committee established under section 8932(c) of title 10, United States
Code, on ocean mapping activities and associated technology development
across the Federal Government, State governments, coastal Indian
Tribes, private industry, nongovernmental organizations, and
academia.''.
(10) Clerical amendment.--The table of contents in section 1(b)
of the Omnibus Public Land Management Act of 2009 (Public Law 111-
11; 123 Stat. 991) is amended by striking the item relating to
section 12203 and inserting the following:
``Sec. 12203. Interagency working group on ocean and coastal mapping.''.
(c) Biennial Reports.--Section 12204 of the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3503) is amended--
(1) in the matter preceding paragraph (1), by striking ``No
later'' and all that follows through ``House of Representatives''
and inserting ``Not later than 18 months after the date of the
enactment of the National Ocean Exploration Act, and biennially
thereafter until 2040, the co-chairs of the Working Group, in
coordination with the National Ocean Mapping, Exploration, and
Characterization Council established under section 5405 of such
Act, shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Energy and Natural Resources of
the Senate, and the Committee on Natural Resources and the
Committee on Science, Space, and Technology of the House of
Representatives,'';
(2) in paragraph (1), by inserting ``, including the data
maintained by the National Centers for Environmental Information of
the National Oceanic and Atmospheric Administration,'' after
``mapping data'';
(3) in paragraph (3), by inserting ``, including a plan to map
the coasts of the United States on a requirements-based cycle, with
mapping agencies and partners coordinating on a unified approach
that factors in recent related studies, meets multiple user
requirements, and identifies gaps'' after ``accomplished'';
(4) by striking paragraph (10) and redesignating paragraphs
(11), (12), and (13) as paragraphs (10), (11), and (12),
respectively;
(5) in paragraph (10), as so redesignated, by striking ``with
coastal State and local government programs'' and inserting ``with
international, coastal State, and local government and
nongovernmental mapping programs'';
(6) in paragraph (11), as redesignated by paragraph (4)--
(A) by striking ``increase'' and inserting ``streamline and
expand'';
(B) by inserting ``for the purpose of fulfilling Federal
mapping and charting responsibilities, plans, and strategies''
after ``entities''; and
(C) by striking ``; and'' and inserting a semicolon;
(7) in paragraph (12), as redesignated by paragraph (4), by
striking the period at the end and inserting a semicolon; and
(8) by adding at the end the following:
``(13) a progress report on the development of new and
innovative technologies and applications through research and
development, including cooperative or other agreements with joint
or cooperative research institutes and centers and other
nongovernmental entities;
``(14) a description of best practices in data processing and
distribution and leveraging opportunities among agencies
represented on the Working Group and with coastal States, coastal
Indian Tribes, and nongovernmental entities;
``(15) an identification of any training, technology, or other
requirements for enabling Federal mapping programs, vessels, and
aircraft to support a coordinated ocean and coastal mapping
program; and
``(16) a timetable for implementation and completion of the
plan described in paragraph (3), including recommendations for
integrating new approaches into the program.''.
(d) NOAA Joint Ocean and Coastal Mapping Centers.--
(1) Centers.--Section 12205(c) of such Act (33 U.S.C. 3504(c))
is amended--
(A) in the matter preceding paragraph (1), by striking
``3'' and inserting ``three''; and
(B) in paragraph (4), by inserting ``and uncrewed'' after
``sensing''.
(2) Plan.--Section 12205 of such Act (33 U.S.C. 3504) is
amended--
(A) in the section heading, by striking ``plan'' and
inserting ``noaa joint ocean and coastal mapping centers'';
(B) by striking subsections (a), (b), and (d); and
(C) in subsection (c), by striking ``(c) NOAA Joint Ocean
and Coastal Mapping Centers.--''.
(3) Clerical amendment.--The table of contents in section 1(b)
of the Omnibus Public Land Management Act of 2009 (Public Law 111-
11; 123 Stat. 991) is amended by striking the item relating to
section 12205 and inserting the following:
``Sec. 12205. NOAA joint ocean and coastal mapping centers.''.
(e) Ocean and Coastal Mapping Federal Funding Opportunity.--The
Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.) is
amended--
(1) by redesignating sections 12206, 12207, and 12208 as
sections 12208, 12209, and 12210, respectively; and
(2) by inserting after section 12205 the following:
``SEC. 12206. OCEAN AND COASTAL MAPPING FEDERAL FUNDING OPPORTUNITY.
``(a) In General.--Not later than one year after the date of the
enactment of the National Ocean Exploration Act, the Administrator
shall develop an integrated ocean and coastal mapping Federal funding
match opportunity, to be known as the `Brennan Ocean Mapping Fund' in
memory of Rear Admiral Richard T. Brennan, within the National Oceanic
and Atmospheric Administration with Federal, State, Tribal, local,
nonprofit, private industry, or academic partners in order to increase
the coordinated acquisition, processing, stewardship, and archival of
new ocean and coastal mapping data in United States waters.
``(b) Rules.--The Administrator shall develop administrative and
procedural rules for the ocean and coastal mapping Federal funding
match opportunity developed under subsection (a), to include--
``(1) specific and detailed criteria that must be addressed by
an applicant, such as geographic overlap with preestablished
priorities, number and type of project partners, benefit to the
applicant, coordination with other funding opportunities, and
benefit to the public;
``(2) determination of the appropriate funding match amounts
and mechanisms to use, such as grants, agreements, or contracts;
and
``(3) other funding award criteria as are necessary or
appropriate to ensure that evaluations of proposals and decisions
to award funding under this section are based on objective
standards applied fairly and equitably to those proposals.
``(c) Geospatial Services and Contract Vehicles.--The ocean and
coastal mapping Federal funding match opportunity developed under
subsection (a) shall leverage Federal expertise and capacities for
geospatial services and Federal geospatial contract vehicles using the
private sector for acquisition efficiencies.
``SEC. 12207. AGREEMENTS AND FINANCIAL ASSISTANCE.
``(a) Agreements.--Subject to the availability of appropriations
for such purpose, the head of a Federal agency that is represented on
the Interagency Committee on Ocean and Coastal Mapping may enter into
agreements with any other agency that is so represented to provide, on
a reimbursable or nonreimbursable basis, facilities, equipment,
services, personnel, and other support services to carry out the
purposes of this subtitle.
``(b) Financial Assistance.--The Administrator may make financial
assistance awards (grants of cooperative agreements) to any State or
subdivision thereof or any public or private organization or individual
to carry out the purposes of this subtitle.''.
(f) Authorization of Appropriations.--Section 12209 of such Act, as
redesignated by subsection (e)(1), is amended--
(1) in subsection (a), by striking ``this subtitle'' and all
that follows and inserting ``this subtitle $45,000,000 for each of
fiscal years 2023 through 2028.'';
(2) in subsection (b), by striking ``this subtitle'' and all
that follows and inserting ``this subtitle $15,000,000 for each of
fiscal years 2023 through 2028.'';
(3) by striking subsection (c); and
(4) by inserting after subsection (b) the following:
``(c) Ocean and Coastal Mapping Federal Funding Opportunity.--Of
amounts authorized pursuant to subsection (a), $20,000,000 is
authorized to carry out section 12206.''.
(g) Definitions.--
(1) Ocean and coastal mapping.--Paragraph (5) of section 12210
of such Act, as redesignated by subsection (e)(1), is amended by
striking ``processing, and management'' and inserting ``processing,
management, maintenance, interpretation, certification, and
dissemination''.
(2) Coastal indian tribe.--Section 12210 of such Act, as
redesignated by subsection (e)(1), is amended by adding at the end
the following:
``(9) Coastal indian tribe.--The term `coastal Indian Tribe'
means an `Indian Tribe', as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304),
the land of which is located in a coastal State.''.
(h) Clerical Amendments.--The table of contents in section 1(b) of
the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) is amended by striking the items relating to sections 12206
through 12208 and inserting the following:
``Sec. 12206. Ocean and coastal mapping Federal funding opportunity.
``Sec. 12207. Cooperative agreements, contracts, and grants.
``Sec. 12208. Effect on other laws.
``Sec. 12209. Authorization of appropriations.
``Sec. 12210. Definitions.''.
SEC. 10308. MODIFICATIONS TO HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF
1998.
(a) Definitions.--Section 302(4)(A) of the Hydrographic Services
Improvement Act of 1998 (33 U.S.C. 892(4)(A)) is amended by inserting
``hydrodynamic forecast and datum transformation models,'' after
``nautical information databases,''.
(b) Functions of the Administrator.--Section 303(b) of such Act (33
U.S.C. 892a(b)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``precision navigation,'' after ``promote''; and
(2) in paragraph (2)--
(A) by inserting ``and hydrodynamic forecast models'' after
``monitoring systems'';
(B) by inserting ``and provide foundational information and
services required to support coastal resilience planning for
coastal transportation and other infrastructure, coastal
protection and restoration projects, and related activities''
after ``efficiency''; and
(C) by striking ``; and'' and inserting a semicolon.
(c) Quality Assurance Program.--Section 304(a) of such Act (33
U.S.C. 892b(a)) is amended by striking ``product produced'' and
inserting ``product or service produced or disseminated''.
(d) Authorization of Appropriations.--Section 306(a) of such Act
(33 U.S.C. 892d(a)) is amended--
(1) in paragraph (1), by striking ``$70,814,000 for each of
fiscal years 2019 through 2023'' and inserting ``$71,000,000 for
each of fiscal years 2023 through 2028'';
(2) in paragraph (2), by striking ``$25,000,000 for each of
fiscal years 2019 through 2023'' and inserting ``$34,000,000 for
each of fiscal years 2023 through 2028'';
(3) in paragraph (3), by striking ``$29,932,000 for each of
fiscal years 2019 through 2023'' and inserting ``$38,000,000 for
each of fiscal years 2023 through 2028'';
(4) in paragraph (4), by striking ``$26,800,000 for each of
fiscal years 2019 through 2023'' and inserting ``$45,000,000 for
each of fiscal years 2023 through 2028''; and
(5) in paragraph (5), by striking ``$30,564,000 for each of
fiscal years 2019 through 2023'' and inserting ``$35,000,000 for
each of fiscal years 2023 through 2028''.
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
SEC. 10401. DATA COLLECTION AND DISSEMINATION.
Section 402 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``or entangled''
after ``stranded'';
(B) in paragraph (3)--
(i) by striking ``strandings,'' and inserting
``strandings and entanglements, including unusual mortality
events,'';
(ii) by inserting ``stranding'' before ``region''; and
(iii) by striking ``marine mammals; and'' and inserting
``marine mammals and entangled marine mammals to allow
comparison of the causes of illness and deaths in stranded
marine mammals and entangled marine mammals with physical,
chemical, and biological environmental parameters; and'';
and
(C) in paragraph (4), by striking ``analyses, that would
allow comparison of the causes of illness and deaths in
stranded marine mammals with physical, chemical, and biological
environmental parameters.'' and inserting ``analyses.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Information Required To Be Submitted and Collected.--
``(1) In general.--After each response to a stranding or
entanglement event, the Secretary shall collect (including from any
staff of the National Oceanic and Atmospheric Administration that
respond directly to such an event), and shall require each
stranding network participant who responds to that stranding or
entanglement to submit to the Administrator of the National Oceanic
and Atmospheric Administration or the Director of the United States
Fish and Wildlife Service--
``(A) data on the stranding event, including NOAA Form 89-
864 (OMB #0648-0178), NOAA Form 89-878 (OMB #0648-0178),
similar successor forms, or similar information in an
appropriate format required by the United States Fish and
Wildlife Service for species under its management authority;
``(B) supplemental data to the data described in
subparagraph (A), which may include, as available, relevant
information about--
``(i) weather and tide conditions;
``(ii) offshore human, predator, or prey activity;
``(iii) morphometrics;
``(iv) behavior;
``(v) health assessments;
``(vi) life history samples; or
``(vii) stomach and intestinal contents; and
``(C) data and results from laboratory analysis of tissues,
which may include, as appropriate and available--
``(i) histopathology;
``(ii) toxicology;
``(iii) microbiology;
``(iv) virology; or
``(v) parasitology.
``(2) Timeline.--A stranding network participant shall submit--
``(A) the data described in paragraph (1)(A) not later than
30 days after the date of a response to a stranding or
entanglement event;
``(B) the compiled data described in paragraph (1)(B) not
later than 30 days after the date on which the data is
available to the stranding network participant; and
``(C) the compiled data described in paragraph (1)(C) not
later than 30 days after the date on which the laboratory
analysis has been reported to the stranding network
participant.
``(3) Online data input system.--The Secretary, acting through
the Under Secretary of Commerce for Oceans and Atmosphere, in
consultation with the stranding network and the Office of
Evaluation Sciences of the General Services Administration, shall
establish an online system for the purposes of efficient and timely
submission of data described in paragraph (1).
``(d) Availability of Data.--
``(1) In general.--The Secretary shall develop a program to
make information, including any data and metadata collected under
paragraph (3) or (4) of subsection (b) or subsection (c), available
to researchers, stranding network participants, and the public--
``(A) to improve real-time coordination of response to
stranding and entanglement events across geographic areas and
between stranding coordinators;
``(B) to identify and quickly disseminate information on
potential public health risks;
``(C) to facilitate integrated interdisciplinary research;
``(D) to facilitate peer-reviewed publications;
``(E) to archive regional data into 1 national database for
future analyses; and
``(F) for education and outreach activities.
``(2) Access to data.--The Secretary shall ensure that any data
or metadata collected under subsection (c)--
``(A) by staff of the National Oceanic and Atmospheric
Administration or the United States Fish and Wildlife Service
that responded directly to a stranding or entanglement event is
available to the public through the Health MAP and the
Observation System not later than 30 days after that data or
metadata is collected by, available to, or reported to the
Secretary; and
``(B) by a stranding network participant that responded
directly to a stranding or entanglement event is made available
to the public through the Health MAP and the Observation System
2 years after the date on which that data are submitted to the
Secretary under subsection (c).
``(3) Exceptions.--
``(A) Written release.--Notwithstanding paragraph (2)(B),
the Secretary may make data described in paragraph (2)(B)
publicly available earlier than 2 years after the date on which
that data are submitted to the Secretary under subsection (c),
if the stranding network participant has completed a written
release stating that such data may be made publicly available.
``(B) Law enforcement.--Notwithstanding paragraph (2), the
Secretary may withhold data for a longer period than the period
of time described in paragraph (2) in the event of a law
enforcement action or legal action that may be related to that
data.
``(e) Standards.--The Secretary, in consultation with the marine
mammal stranding community, shall--
``(1) make publicly available guidance about uniform data and
metadata standards to ensure that data collected in accordance with
this section can be archived in a form that is readily accessible
and understandable to the public through the Health MAP and the
Observation System; and
``(2) periodically update such guidance.
``(f) Management Policy.--In collaboration with the regional
stranding networks, the Secretary shall develop, and periodically
update, a data management and public outreach collaboration policy for
stranding or entanglement events.
``(g) Authorship Agreements and Acknowledgment Policy.--The
Secretary, acting through the Under Secretary of Commerce for Oceans
and Atmosphere, shall include authorship agreements or other
acknowledgment considerations for use of data by the public, as
determined by the Secretary.
``(h) Savings Clause.--The Secretary shall not require submission
of research data that are not described in subsection (c).''.
SEC. 10402. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.
(a) In General.--Section 403 of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421b) is amended--
(1) in the section heading by inserting ``or entanglement''
before ``response'';
(2) in subsection (a), by striking the period at the end and
inserting ``or entanglement.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) include a description of the data management and public
outreach policy established under section 402(f).''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the Marine Mammal Protection Act of 1972 (Public Law
92-522; 86 Stat. 1027) is amended by striking the item related to
section 403 and inserting the following:
``Sec. 403. Stranding or entanglement response agreements.''.
SEC. 10403. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.
Section 405(b) the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421d(b)) is amended to read as follows:
``(b) Uses.--Amounts in the Fund shall be available only for use by
the Secretary, in consultation with the Secretary of the Interior, and
dispersed among claimants based on budgets approved by the Secretary
prior to expenditure--
``(1) to make advance, partial, or progress payments under
contracts or other funding mechanisms for property, supplies,
salaries, services, and travel costs incurred in acting in
accordance with the contingency plan issued under section 404(b) or
under the direction of an Onsite Coordinator for an unusual
mortality event designated under section 404(a)(2)(B)(iii);
``(2) for reimbursing any stranding network participant for
costs incurred in the collection, preparation, analysis, and
transportation of marine mammal tissues and samples collected with
respect to an unusual mortality event for the Tissue Bank; and
``(3) for the care and maintenance of a marine mammal seized
under section 104(c)(2)(D); and''.
SEC. 10404. LIABILITY.
Section 406(a) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421e(a)) is amended, in the matter preceding paragraph (1)--
(1) by inserting ``or entanglement'' after ``to a stranding'';
and
(2) by striking ``government'' and inserting ``Government''.
SEC. 10405. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE ANALYSIS.
Section 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421f) is amended--
(1) in subsection (c)(2)(A), by striking ``the health of marine
mammals and'' and inserting ``marine mammal health and mortality
and the health of''; and
(2) in subsection (d), in the matter preceding paragraph (1),
by inserting ``public'' before ``access''.
SEC. 10406. MARINE MAMMAL RESCUE AND RESPONSE GRANT PROGRAM AND RAPID
RESPONSE FUND.
(a) In General.--Section 408 of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421f-1) is amended--
(1) by striking the section heading and inserting ``marine
mammal rescue and response grant program and rapid response fund'';
(2) by striking subsections (a) through (d) and subsections (f)
through (h);
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting before subsection (f), as redesignated by
paragraph (3), the following:
``(a) Definitions.--In this section:
``(1) Emergency assistance.--
``(A) In general.--The term `emergency assistance' means--
``(i) financial assistance provided to respond to, or
that results from, a stranding event or entanglement event
that--
``(I) causes an immediate increase in the cost of a
response, recovery, or rehabilitation that is greater
than the usual cost of a response, recovery, or
rehabilitation;
``(II) is cyclical or endemic; or
``(III) involves a marine mammal that is out of the
normal range for that marine mammal; or
``(ii) financial assistance provided to respond to, or
that results from, a stranding event or an entanglement
event that--
``(I) the applicable Secretary considers to be an
emergency; or
``(II) with the concurrence of the applicable
Secretary, a State, territorial, or Tribal Government
considers to be an emergency.
``(B) Exclusions.--The term `emergency assistance' does not
include financial assistance to respond to an unusual mortality
event.
``(2) Secretary.--The term `Secretary' has the meaning given
that term in section 3(12)(A).
``(3) Stranding region.--The term `stranding region' means a
geographic region designated by the applicable Secretary for
purposes of administration of this title.
``(b) John H. Prescott Marine Mammal Rescue and Response Grant
Program.--
``(1) In general.--The applicable Secretary shall carry out a
grant program, to be known as the `John H. Prescott Marine Mammal
Rescue and Response Grant Program' (referred to in this section as
the `grant program'), to award grants to eligible stranding network
participants or stranding network collaborators, as described in
this subsection.
``(2) Purposes.--The purposes of the grant program are to
provide for--
``(A) the recovery, care, or treatment of sick, injured, or
entangled marine mammals;
``(B) responses to marine mammal stranding events that
require emergency assistance;
``(C) the collection of data and samples from living or
dead stranded marine mammals for scientific research or
assessments regarding marine mammal health;
``(D) facility operating costs that are directly related to
activities described in subparagraph (A), (B), or (C); and
``(E) development of stranding network capacity, including
training for emergency response, where facilities do not exist
or are sparse.
``(3) Contract, grant, and cooperative agreement authority.--
``(A) In general.--The applicable Secretary may enter into
a contract, grant, or cooperative agreement with any eligible
stranding network participant or stranding network
collaborator, as the Secretary determines to be appropriate,
for the purposes described in paragraph (2).
``(B) Emergency award flexibility.--Following a request for
emergency award flexibility and analysis of the merits of and
necessity for such a request, the applicable Secretary may--
``(i) amend any contract, grant, or cooperative
agreement entered into under this paragraph, including
provisions concerning the period of performance; or
``(ii) waive the requirements under subsection (f) for
grant applications submitted during the provision of
emergency assistance.
``(4) Equitable distribution of funds.--
``(A) In general.--The Secretary shall ensure, to the
extent practicable, that funds awarded under the grant program
are distributed equitably among the stranding regions.
``(B) Considerations.--In determining priorities among the
stranding regions under this paragraph, the Secretary may
consider--
``(i) equitable distribution within the stranding
regions, including the subregions (including, but not
limited to, the Gulf of Mexico);
``(ii) any episodic stranding, entanglement, or
mortality events, except for unusual mortality events, that
occurred in any stranding region in the preceding year;
``(iii) any data with respect to average annual
stranding, entanglements, and mortality events per
stranding region;
``(iv) the size of the marine mammal populations
inhabiting a stranding region;
``(v) the importance of the region's marine mammal
populations to the well-being of indigenous communities;
and
``(vi) the conservation of protected, depleted,
threatened, or endangered marine mammal species.
``(C) Strandings.--For the purposes of this program,
priority is to be given to applications focusing on marine
mammal strandings.
``(5) Application.--To be eligible for a grant under the grant
program, a stranding network participant shall--
``(A) submit an application in such form and manner as the
applicable Secretary prescribes; and
``(B) be in compliance with the data reporting requirements
under section 402(d) and any applicable reporting requirements
of the United States Fish and Wildlife Service for species
under its management jurisdiction.
``(6) Grant criteria.--The Secretary shall, in consultation
with the Marine Mammal Commission, a representative from each of
the stranding regions, and other individuals who represent public
and private organizations that are actively involved in rescue,
rehabilitation, release, scientific research, marine conservation,
and forensic science with respect to stranded marine mammals under
that Department's jurisdiction, develop criteria for awarding
grants under their respective grant programs.
``(7) Maximum grant amount.--No grant made under the grant
program for a single award may exceed $150,000 in any 12-month
period.
``(8) Administrative costs and expenses.--The Secretary's
administrative costs and expenses related to reviewing and awarding
grants under the grant program, in any fiscal year may not exceed
the greater of--
``(A) 6 percent of the amounts made available each fiscal
year to carry out the grant program; or
``(B) $80,000.
``(9) Transparency.--The Secretary shall make publicly
available a list of grant proposals for the upcoming fiscal year,
funded grants, and requests for grant flexibility under this
subsection.
``(c) Joseph R. Geraci Marine Mammal Rescue and Rapid Response
Fund.--
``(1) In general.--There is established in the Treasury of the
United States an interest-bearing fund, to be known as the `Joseph
R. Geraci Marine Mammal Rescue and Rapid Response Fund' (referred
to in this section as the `Rapid Response Fund').
``(2) Use of funds.--Amounts in the Rapid Response Fund shall
be available only for use by the Secretary to provide emergency
assistance.
``(d) Authorization of Appropriations.--
``(1) In general.--
``(A) Authorization of appropriations.--There is authorized
to be appropriated to carry out the grant program $7,000,000
for each of fiscal years 2023 through 2028, to remain available
until expended, of which for each fiscal year--
``(i) $6,000,000 shall be made available to the
Secretary of Commerce; and
``(ii) $1,000,000 shall be made available to the
Secretary of the Interior.
``(B) Derivation of funds.--Funds to carry out the
activities under this section shall be derived from amounts
authorized to be appropriated pursuant to subparagraph (A) that
are enacted after the date of enactment of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023.
``(2) Joseph r. geraci marine mammal rescue and rapid response
fund.--There is authorized to be appropriated to the Rapid Response
Fund $500,000 for each of fiscal years 2023 through 2028.
``(e) Acceptance of Donations.--
``(1) In general.--For the purposes of carrying out this
section, the Secretary may solicit, accept, receive, hold,
administer, and use gifts, devises, and bequests without any
further approval or administrative action.
``(2) Monetary donations.--A monetary gift, devise, or bequest
accepted by the Secretary under paragraph (1) shall be credited as
discretionary offsetting collections to the currently applicable
appropriation, account, or fund of the Department of Commerce and
shall be made available for such purposes only to the extent and in
the amounts provided in advance in appropriations Acts.''.
(b) Technical Edits.--Section 408 of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421f-1), as amended by subsection (a), is
further amended in subsection (f), as redesignated by subsection
(a)(3)--
(1) in paragraph (1)--
(A) by striking ``the costs of an activity conducted with a
grant under this section shall be'' and inserting ``a project
conducted with funds awarded under the grant program under this
section shall be not less than''; and
(B) by striking ``such costs'' and inserting ``such
project''; and
(2) in paragraph (2)--
(A) by striking ``an activity'' and inserting ``a
project''; and
(B) by striking ``the activity'' and inserting ``the
project''.
(c) Table of Contents Amendment.--The table of contents in the
first section of the Marine Mammal Protection Act of 1972 (Public Law
92-522; 86 Stat. 1027) (as amended by section 5503(b)) is amended by
striking the item related to section 408 and inserting the following:
``Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.''.
SEC. 10407. HEALTH MAP.
(a) In General.--Title IV of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421 et seq.) is amended by inserting after section 408
the following:
``SEC. 408A. MARINE MAMMAL HEALTH MONITORING AND ANALYSIS PLATFORM
(HEALTH MAP).
``(a) In General.--Not later than 1 year after the date of
enactment of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023, the Secretary, acting through the Administrator of
the National Oceanic and Atmospheric Administration, in consultation
with the Secretary of the Interior and the Marine Mammal Commission,
shall--
``(1) establish a marine mammal health monitoring and analysis
platform (referred to in this Act as the `Health MAP');
``(2) incorporate the Health MAP into the Observation System;
and
``(3) make the Health MAP--
``(A) publicly accessible through the web portal of the
Observation System; and
``(B) interoperable with other national data systems or
other data systems for management or research purposes, as
practicable.
``(b) Purposes.--The purposes of the Health MAP are--
``(1) to promote--
``(A) interdisciplinary research among individuals with
knowledge and experience in marine mammal science, marine
mammal veterinary and husbandry practices, medical science, and
oceanography, and with other marine scientists;
``(B) timely and sustained dissemination and availability
of marine mammal health, stranding, entanglement, and mortality
data;
``(C) identification of spatial and temporal patterns of
marine mammal mortality, disease, and stranding;
``(D) evaluation of marine mammal health in terms of
mortality, as well as sublethal marine mammal health impacts;
``(E) improved collaboration and forecasting of marine
mammal and larger ecosystem health events;
``(F) rapid communication and dissemination of information
regarding marine mammal strandings that may have implications
for human health, such as those caused by harmful algal blooms;
and
``(G) increased accessibility of data in a user friendly
visual interface for public education and outreach; and
``(2) to contribute to an ocean health index that incorporates
marine mammal health data.
``(c) Requirements.--The Health MAP shall--
``(1) integrate in situ, remote, and other marine mammal
health, stranding, and mortality data, including visualizations and
metadata, collected by marine mammal stranding networks, Federal,
State, local, and Tribal governments, private partners, and
academia; and
``(2) be designed--
``(A) to enhance data and information availability,
including data sharing among stranding network participants,
scientists, and the public within and across stranding network
regions;
``(B) to facilitate data and information access across
scientific disciplines, scientists, and managers;
``(C) to facilitate public access to national and regional
marine mammal health, stranding, entanglement, and mortality
data, including visualizations and metadata, through the
national and regional data portals of the Observation System;
and
``(D) in collaboration with, and with input from, States
and stranding network participants.
``(d) Procedures and Guidelines.--The Secretary shall establish and
implement policies, protocols, and standards for--
``(1) reporting marine mammal health data collected by
stranding networks consistent with subsections (c) and (d) of
section 402;
``(2) promptly transmitting health data from the stranding
networks and other appropriate data providers to the Health MAP;
``(3) disseminating and making publicly available data on
marine mammal health, stranding, entanglement, and mortality data
in a timely and sustained manner; and
``(4) integrating additional marine mammal health, stranding,
or other relevant data as the Secretary determines appropriate.
``(e) Consultation.--The Administrator of the National Oceanic and
Atmospheric Administration shall maintain and update the Health MAP in
consultation with the Secretary of the Interior and the Marine Mammal
Commission.
``(f) Acceptance of Donations.--
``(1) In general.--For the purposes of carrying out this
section, the Secretary may solicit, accept, receive, hold,
administer, and use gifts, devises, and bequests without any
further approval or administrative action.
``(2) Monetary donations.--A monetary gift, devise, or bequest
accepted by the Secretary under paragraph (1) shall be credited as
discretionary offsetting collections to the currently applicable
appropriation, account, or fund of the Department of Commerce and
shall be made available for such purposes only to the extent and in
the amounts provided in advance in appropriations Acts.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the Marine Mammal Protection Act of 1972 (Public Law
92-522; 86 Stat. 1027) (as amended by section 5507(b)) is amended by
inserting after the item related to section 408 the following:
``Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform
(Health MAP).''.
SEC. 10408. REPORTS TO CONGRESS.
(a) In General.--Title IV of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421 et seq.) (as amended by section 5508(a)) is
amended by inserting after section 408A the following:
``SEC. 408B. REPORTS TO CONGRESS.
``(a) Definition of Appropriate Committees of Congress.--In this
section, the term `appropriate committees of Congress' means--
``(1) the Committee on Commerce, Science, and Transportation of
the Senate;
``(2) the Committee on Environment and Public Works of the
Senate;
``(3) the Committee on Natural Resources of the House of
Representatives; and
``(4) the Committee on Science, Space, and Technology of the
House of Representatives.
``(b) Health MAP Status Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023, the Administrator of the National Oceanic and
Atmospheric Administration, in consultation with the Marine Mammal
Commission, the Secretary of the Interior, and the National Ocean
Research Leadership Council, shall submit to the appropriate
committees of Congress a report describing the status of the Health
MAP.
``(2) Requirements.--The report under paragraph (1) shall
include--
``(A) a detailed evaluation of the data made publicly
available through the Health MAP;
``(B) a detailed list of any gaps in data collected
pursuant to the Health MAP, a description of the reasons for
those gaps, and recommended actions to close those gaps;
``(C) an analysis of the effectiveness of using the website
of the Observation System as the platform to collect, organize,
visualize, archive, and disseminate marine mammal stranding and
health data;
``(D) a list of publications, presentations, or other
relevant work product resulting from, or produced in
collaboration with, the Health MAP;
``(E) a description of emerging marine mammal health
concerns and the applicability of those concerns to human
health;
``(F) an analysis of the feasibility of the Observation
System being used as an alert system during stranding events,
entanglement events, and unusual mortality events for the
stranding network, Observation System partners, Health MAP
partners, Federal and State agencies, and local and Tribal
governments;
``(G) an evaluation of the use of Health MAP data to
predict broader ecosystem events and changes that may impact
marine mammal or human health and specific examples of proven
or potential uses of Observation System data for those
purposes; and
``(H) recommendations for the Health MAP with respect to--
``(i) filling any identified data gaps;
``(ii) standards that could be used to improve data
quality, accessibility, transmission, interoperability, and
sharing;
``(iii) any other strategies that would contribute to
the effectiveness and usefulness of the Health MAP; and
``(iv) the funding levels needed to maintain and
improve the Health MAP.
``(c) Data Gap Analysis.--
``(1) In general.--Not later than 5 years after the date on
which the report required under subsection (b)(1) is submitted, and
every 10 years thereafter, the Administrator of the National
Oceanic and Atmospheric Administration, in consultation with the
Marine Mammal Commission and the Director of the United States Fish
and Wildlife Service, shall--
``(A) make publicly available a report on the data gap
analysis described in paragraph (2); and
``(B) provide a briefing to the appropriate committees of
Congress concerning that data gap analysis.
``(2) Requirements.--The data gap analysis under paragraph (1)
shall include--
``(A) an overview of existing participants within a marine
mammal stranding network;
``(B) an identification of coverage needs and participant
gaps within a network;
``(C) an identification of data and reporting gaps from
members of a network; and
``(D) an analysis of how stranding and health data are
shared and made available to scientists, academics, State,
local, and Tribal governments, and the public.
``(d) Marine Mammal Response Capabilities in the Arctic.--
``(1) In general.--Not later than 1 year after the date of
enactment of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023, the Administrator of the National Oceanic and
Atmospheric Administration, the Director of the United States Fish
and Wildlife Service, and the Director of the United States
Geologic Survey, in consultation with the Marine Mammal Commission,
shall--
``(A) make publicly available a report describing the
response capabilities for sick and injured marine mammals in
the Arctic regions of the United States; and
``(B) provide a briefing to the appropriate committees of
Congress on that report.
``(2) Arctic.--The term `Arctic' has the meaning given the term
in section 112 of the Arctic Research and Policy Act of 1984 (15
U.S.C. 4111).
``(3) Requirements.--The report under paragraph (1) shall
include--
``(A) a description, developed in consultation with the
Fish and Wildlife Service of the Department of the Interior, of
all marine mammal stranding agreements in place for the Arctic
region of the United States, including species covered,
response capabilities, facilities and equipment, and data
collection and analysis capabilities;
``(B) a list of State and local government agencies that
have personnel trained to respond to marine mammal strandings
in the Arctic region of the United States;
``(C) an assessment of potential response and data
collection partners and sources of local information and
knowledge, including Alaska Native people and villages;
``(D) an analysis of spatial and temporal trends in marine
mammal strandings and unusual mortality events that are
correlated with changing environmental conditions in the Arctic
region of the United States;
``(E) a description of training and other resource needs to
meet emerging response requirements in the Arctic region of the
United States;
``(F) an analysis of oiled marine mammal response and
rehabilitation capabilities in the Arctic region of the United
States, including personnel, equipment, facilities, training,
and husbandry capabilities, and an assessment of factors that
affect response and rehabilitation success rates; and
``(G) recommendations to address future stranding response
needs for marine mammals in the Arctic region of the United
States.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the Marine Mammal Protection Act of 1972 (Public Law
92-522; 86 Stat. 1027) (as amended by section 5508(b)) is amended by
inserting after the item related to section 408A the following:
``Sec. 408B. Reports to Congress.''.
SEC. 10409. AUTHORIZATION OF APPROPRIATIONS.
Section 409 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421g) is amended--
(1) in paragraph (1), by striking ``1993 and 1994;'' and
inserting ``2023 through 2028;'';
(2) in paragraph (2), by striking ``1993 and 1994;'' and
inserting ``2023 through 2028;''; and
(3) in paragraph (3), by striking ``fiscal year 1993.'' and
inserting ``for each of fiscal years 2023 through 2028.''.
SEC. 10410. DEFINITIONS.
Section 410 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421h) is amended--
(1) by redesignating paragraphs (1) through (6) as paragraphs
(2), (5), (6), (7), (8), and (9), respectively;
(2) by inserting before paragraph (2) (as so redesignated) the
following:
``(1) The term `entangle' or `entanglement' means an event in
the wild in which a living or dead marine mammal has gear, rope,
line, net, or other material wrapped around or attached to the
marine mammal and is--
``(A) on lands under the jurisdiction of the United States,
including beaches and shorelines; or
``(B) in waters under the jurisdiction of the United
States, including any navigable waters.'';
(3) in paragraph (2) (as so redesignated) by striking ``The
term'' and inserting ``Except as used in section 408, the term'';
(4) by inserting after paragraph (2) (as so redesignated) the
following:
``(3) The term `Health MAP' means the Marine Mammal Health
Monitoring and Analysis Platform established under section
408A(a)(1).
``(4) The term `Observation System' means the National
Integrated Coastal and Ocean Observation System established under
section 12304 of the Integrated Coastal and Ocean Observation
System Act of 2009 (33 U.S.C. 3603).''.
SEC. 10411. STUDY ON MARINE MAMMAL MORTALITY.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Undersecretary of Commerce for Oceans and
Atmosphere shall, in consultation with the Secretary of the Interior
and the Marine Mammal Commission, conduct a study evaluating the
connections among marine heat waves, frequency and intensity of harmful
algal blooms, prey availability, and habitat degradation, and the
impacts of these conditions on marine mammal mortality.
(b) Report.--The Undersecretary of Commerce for Oceans and
Atmosphere, in consultation with the Secretary of the Interior and the
Marine Mammal Commission, shall prepare, post to a publicly available
website, and brief the appropriate committees of Congress on, a report
containing the results of the study described in subsection (a). The
report shall identify priority research activities, opportunities for
collaboration, and current gaps in effort and resource limitations
related to advancing scientific understanding of how ocean heat waves,
harmful algae blooms, availability of prey, and habitat degradation
impact marine mammal mortality. The report shall include
recommendations for policies needed to mitigate and respond to
mortality events.
TITLE CV--VOLCANIC ASH AND FUMES
SEC. 10501. MODIFICATIONS TO NATIONAL VOLCANO EARLY WARNING AND
MONITORING SYSTEM.
(a) Definitions.--Subsection (a) of section 5001 of the John D.
Dingell, Jr. Conservation, Management, and Recreation Act (43 U.S.C.
31k) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) Secretary of commerce.--The term `Secretary of Commerce'
means the Secretary of Commerce, acting through the Under Secretary
of Commerce for Oceans and Atmosphere.''; and
(3) by adding at the end the following:
``(4) Volcanic ash advisory center.--The term `Volcanic Ash
Advisory Center' means an entity designated by the International
Civil Aviation Organization that is responsible for informing
aviation interests about the presence of volcanic ash in the
airspace.''.
(b) Purposes.--Subsection (b)(1)(B) of such section is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) to strengthen the warning and monitoring
systems of volcano observatories in the United States by
integrating relevant capacities of the National Oceanic and
Atmospheric Administration, including with the Volcanic Ash
Advisory Centers located in Anchorage, Alaska, and
Washington, D.C., to observe and model emissions of gases,
aerosols, and ash, atmospheric dynamics and chemistry, and
ocean chemistry resulting from volcanic eruptions.''.
(c) System Components.--Subsection (b)(2) of such section is
amended--
(1) in subparagraph (B)--
(A) by striking ``and'' before ``spectrometry''; and
(B) by inserting ``, and unoccupied aerial vehicles'' after
``emissions''; and
(2) by adding at the end the following:
``(C) Memorandum of understanding.--The Secretary and the
Secretary of Commerce shall develop and execute a memorandum of
understanding to establish cooperative support for the
activities of the System from the National Oceanic and
Atmospheric Administration, including environmental
observations, modeling, and temporary duty assignments of
personnel to support emergency activities, as necessary or
appropriate.''.
(d) Management.--Subsection (b)(3) of such section is amended--
(1) in subparagraph (A), by adding at the end the following:
``(iii) Update.--
``(I) National oceanic and atmospheric
administration cost estimates.--The Secretary of
Commerce shall submit to the Secretary annual cost
estimates for modernization activities and support of
the System for the National Oceanic and Atmospheric
Administration.
``(II) Update of management plan.--The Secretary
shall update the management plan submitted under clause
(i) to include the cost estimates submitted under
subclause (I).''; and
(2) by adding at the end the following:
``(E) Collaboration.--The Secretary of Commerce shall
collaborate with the Secretary to implement activities carried
out under this section related to the expertise of the National
Oceanic and Atmospheric Administration, including observations
and modeling of emissions of gases, aerosols, and ash,
atmospheric dynamics and chemistry, and ocean chemistry
resulting from volcanic eruptions.''.
(e) Funding.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by inserting ``, united
states geological survey'' after ``appropriations''; and
(B) by inserting ``to the United States Geological Survey''
after ``appropriated'';.
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Authorization of appropriations, national oceanic and
atmospheric administration.--There is authorized to be appropriated
to the National Oceanic and Atmospheric Administration to carry out
this section such sums as may be necessary for the period of fiscal
years 2023 through 2024.''; and
(4) in paragraph (3), as redesignated by paragraph (2)--
(A) by striking ``United States Geological Survey''; and
(B) by inserting ``of the United States Geological Survey
and the National Oceanic and Atmospheric Administration'' after
``programs''.
(f) Implementation Plan.--
(1) Development of plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Commerce, in
consultation with the Secretary of the Interior, shall develop a
plan to implement the amendments made by this Act during the 5-year
period beginning on the date on which the plan is developed.
(2) Elements.--The plan developed under paragraph (1) shall
include an estimate of the cost and schedule required for the
implementation described in such paragraph.
(3) Public availability.--Upon completion of the plan developed
under paragraph (1), the Secretary of Commerce shall make the plan
publicly available.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
SEC. 10601. LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the Under
Secretary of Commerce for Oceans and Atmosphere and Administrator
of the National Oceanic and Atmospheric Administration.
(3) Earth prediction innovation center.--The term ``Earth
Prediction Innovation Center'' means the community global weather
research modeling system described in paragraph (5)(E) of section
102(b) of the Weather Research Forecasting and Innovation Act of
2017 (15 U.S.C. 8512(b)), as redesignated by this section.
(4) Model.--The term ``model'' means any vetted numerical model
and associated data assimilation of the Earth's system or its
components--
(A) developed, in whole or in part, by scientists and
engineers employed by the Administration; or
(B) otherwise developed, in whole or in part, using Federal
funds.
(5) Open license.--The term ``open license'' has the same
meaning given such term in section 3502(21) of title 44, United
States Code.
(6) Operational model.--The term ``operational model'' means
any model that has an output used by the Administration for
operational functions.
(7) Suitable model.--The term ``suitable model'' means a model
that meets the requirements described in paragraph (5)(E)(ii) of
section 102(b) of the Weather Research Forecasting and Innovation
Act of 2017 (15 U.S.C. 8512(b)), as redesignated by this title, as
determined by the Administrator.
(b) Purposes.--The purposes of this section are--
(1) to support innovation in modeling by allowing interested
stakeholders to have easy and complete access to operational model
codes and to other models, as the Administrator determines
appropriate; and
(2) to use vetted innovations arising from access described in
paragraph (1) to improve modeling by the Administration.
(c) Plan and Implementation of Plan To Make Certain Models and Data
Available to the Public.--
(1) In general.--The Administrator shall develop and implement
a plan to make available to the public, at no cost and with no
restrictions on copying, publishing, distributing, citing,
adapting, or otherwise using under an open license, the following:
(A) Operational models developed by the Administration.
(B) Models that are not operational models, including
experimental and developmental models, as the Administrator
determines appropriate.
(C) Applicable information and documentation for models
described in subparagraphs (A) and (B), including a description
of intended model outputs.
(D) Subject to subsection (f), all data owned by the
Federal Government and data that the Administrator has the
legal right to redistribute that are associated with models
made available to the public pursuant to the plan and used in
operational forecasting by the Administration, including--
(i) relevant metadata; and
(ii) data used for operational models used by the
Administration as of the date of the enactment of this Act.
(2) Accommodations.--In developing and implementing the plan
under paragraph (1), the Administrator may make such accommodations
as the Administrator considers appropriate to ensure that the
public release of any model, information, documentation, or data
pursuant to the plan do not jeopardize--
(A) national security;
(B) intellectual property or redistribution rights,
including under titles 17 and 35, United States Code;
(C) any trade secret or commercial or financial information
subject to section 552(b)(4) of title 5, United States Code;
(D) any models or data that are otherwise restricted by
contract or other written agreement; or
(E) the mission of the Administration to protect lives and
property.
(3) Priority.--In developing and implementing the plan under
paragraph (1), the Administrator shall prioritize making available
to the public the models described in paragraph (1)(A).
(4) Protections for privacy and statistical information.--In
developing and implementing the plan under subsection (a), the
Administrator shall ensure that all requirements incorporated into
any models described in paragraph (1)(A) ensure compliance with
statistical laws and other relevant data protection requirements,
including the protection of any personally identifiable
information.
(5) Exclusion of certain models.--In developing and
implementing the plan under paragraph (1), the Administrator may
exclude models that the Administrator determines will be retired or
superseded in fewer than 5 years after the date of the enactment of
this Act.
(6) Platforms.--In carrying out paragraphs (1) and (2), the
Administrator may use government servers, contracts or agreements
with a private vendor, or any other platform consistent with the
purpose of this title.
(7) Support program.--The Administrator shall plan for and
establish a program to support infrastructure, including
telecommunications and technology infrastructure of the
Administration and the platforms described in paragraph (6),
relevant to making operational models and data available to the
public pursuant to the plan under subsection (a).
(8) Technical correction.--Section 102(b) of the Weather
Research Forecasting and Innovation Act of 2017 (15 U.S.C. 8512(b))
is amended by redesignating the second paragraph (4) (as added by
section 4(a) of the National Integrated Drought Information System
Reauthorization Act of 2018 (Public Law 115-423; 132 Stat. 5456))
as paragraph (5).
(d) Requirement To Review Models and Leverage Innovations.--The
Administrator shall--
(1) consistent with the mission of the Earth Prediction
Innovation Center, periodically review innovations and improvements
made by persons not employed by the Administration as Federal
employees to the operational models made available to the public
pursuant to the plan under subsection (c)(1) in order to improve
the accuracy and timeliness of forecasts of the Administration; and
(2) if the Administrator identifies an innovation for a
suitable model, develop and implement a plan to use the innovation
to improve the model.
(e) Report on Implementation.--
(1) In general.--Not later than 2 years after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate congressional committees a report on the implementation
of this section that includes a description of--
(A) the implementation of the plan required by subsection
(c);
(B) the process of the Administration under subsection
(d)--
(i) for engaging with interested stakeholders to learn
what innovations those stakeholders have found;
(ii) for reviewing those innovations; and
(iii) for operationalizing innovations to improve
suitable models; and
(C) the use of any Federal financial assistance, including
under section 24 of the Stevenson-Wydler Technology Innovation
Act of 1990 (15 U.S.C. 3719) or the Crowdsourcing and Citizen
Science Act (15 U.S.C. 3724), in order to facilitate and
incentivize the sharing of externally developed improvements
for testing, evaluation, validation, and application to further
improve the mission of the Administration, and any other
Administration priorities.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
(B) the Committee on Science, Space, and Technology and the
Committee on Appropriations of the House of Representatives.
(f) Protection of National Security Interests.--
(1) In general.--Notwithstanding any other provision of this
section, for models developed in whole or in part with the
Department of Defense, the Administrator, in consultation with the
Secretary of Defense, as appropriate, shall withhold any model or
data if the Administrator or the Secretary of Defense determines
doing so to be necessary to protect the national security interests
of the United States.
(2) Rule of construction.--Nothing in this section shall be
construed to supersede any other provision of law governing the
protection of the national security interests of the United States.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2023 through 2027.
DIVISION K--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
SEC. 11001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Don Young
Coast Guard Authorization Act of 2022''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
TITLE CXI--AUTHORIZATIONS
Sec. 11101. Authorization of appropriations.
Sec. 11102. Authorized levels of military strength and training.
Sec. 11103. Authorization for certain programs and services.
Sec. 11104. Availability of amounts for acquisition of additional
vessels.
Sec. 11105. Shoreside infrastructure and facilities.
Sec. 11106. Coast Guard yard resilient infrastructure and construction
improvement.
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
Sec. 11201. Report on shoreside infrastructure and facilities projects.
Sec. 11202. Report and briefing on resourcing strategy for Western
Pacific region.
Sec. 11203. Study and report on national security and drug trafficking
threats in Florida Straits, Cuba, and Caribbean region.
Sec. 11204. Coast Guard Yard.
Sec. 11205. Authority to enter into transactions other than contracts
and grants to procure cost-effective technology for mission
needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E-LORAN.
Subtitle B--Great Lakes
Sec. 11212. Great Lakes winter commerce.
Sec. 11213. Database on icebreaking operations in Great Lakes.
Sec. 11214. Center of expertise for Great Lakes oil spill search and
response.
Sec. 11215. Great Lakes snowmobile acquisition plan.
Sec. 11216. Great Lakes barge inspection exemption.
Sec. 11217. Study on sufficiency of Coast Guard aviation assets to meet
mission demands.
Subtitle C--Arctic
Sec. 11218. Establishment of medium icebreaker program office.
Sec. 11219. Arctic activities.
Sec. 11220. Study on Arctic operations and infrastructure.
Sec. 11221. Pribilof Island transition completion actions.
Sec. 11222. Report on shipyards of Finland and Sweden.
Sec. 11223. Acquisition of icebreaker.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous
control and computer vision technology project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine
transportation system.
Subtitle E--Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program
authorization and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft
and strategy for Coast Guard Aviation.
Subtitle F--Workforce Readiness
Sec. 11234. Authorized strength.
Sec. 11235. Continuation of officers with certain critical skills on
active duty.
Sec. 11236. Number and distribution of officers on active duty promotion
list.
Sec. 11237. Career incentive pay for marine inspectors.
Sec. 11238. Expansion of ability for selection board to recommend
officers of particular merit for promotion.
Sec. 11239. Modification to education loan repayment program.
Sec. 11240. Retirement of Vice Commandant.
Sec. 11241. Report on resignation and retirement processing times and
denial.
Sec. 11242. Calculation of active service.
Sec. 11243. Physical Disability Evaluation System procedure review.
Sec. 11244. Expansion of authority for multirater assessments of certain
personnel.
Sec. 11245. Promotion parity.
Sec. 11246. Partnership program to diversify Coast Guard.
Sec. 11247. Expansion of Coast Guard Junior Reserve Officers' Training
Corps.
Sec. 11248. Improving representation of women and racial and ethnic
minorities among Coast Guard active-duty members.
Sec. 11249. Strategy to enhance diversity through recruitment and
accession.
Sec. 11250. Support for Coast Guard Academy.
Sec. 11251. Training for congressional affairs personnel.
Sec. 11252. Strategy for retention of cuttermen.
Sec. 11253. Study on performance of Coast Guard Force Readiness Command.
Sec. 11254. Study on frequency of weapons training for Coast Guard
personnel.
Subtitle G--Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and
facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at
Port Mansfield.
Sec. 11266. Procurement of tethered aerostat radar system for Coast
Guard Station South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities
associated with Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards; testing
for fentanyl during interdiction operations.
Sec. 11269. Public availability of information on monthly migrant
interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H--Sexual Assault and Sexual Harassment Response and Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit
transfers by persons who report being the victim of sexual
assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims' Counsel program.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
Sec. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and
port operations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound
region.
Sec. 11305. Monitoring ocean soundscapes.
Subtitle B--Oil Spills
Sec. 11306. Report on changing salvors.
Sec. 11307. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 11308. Improving oil spill preparedness.
Sec. 11309. Western Alaska oil spill planning criteria.
Sec. 11310. Coast Guard claims processing costs.
Sec. 11311. Calculation of interest on debt owed to national pollution
fund.
Sec. 11312. Per-incident limitation.
Sec. 11313. Access to Oil Spill Liability Trust Fund.
Sec. 11314. Cost-reimbursable agreements.
Sec. 11315. Oil spill response review.
Sec. 11316. Additional exceptions to regulations for towing vessels.
Sec. 11317. Port Coordination Council for Point Spencer.
Subtitle C--Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and
recreational fisheries from development of renewable energy on
West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking
fishing gear.
Subtitle D--Environmental Issues
Sec. 11321. Notification of communication outages.
Sec. 11322. Improvements to communication with fishing industry and
related stakeholders.
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust
Fund administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase
energy production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.
Chapter 1--Combating Human Trafficking Through Seafood Import Monitoring
Sec. 11330. Enhancement of Seafood Import Monitoring Program Message Set
in Automated Commercial Environment system.
Sec. 11331. Data sharing and aggregation.
Sec. 11332. Import audits.
Sec. 11333. Availability of fisheries information.
Sec. 11334. Report on Seafood Import Monitoring Program.
Sec. 11335. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management To Combat
Human Trafficking
Sec. 11336. Denial of port privileges.
Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
Sec. 11401. Coast Guard child care improvements.
Sec. 11402. Armed Forces access to Coast Guard child development
services.
Sec. 11403. Cadet pregnancy policy improvements.
Sec. 11404. Combat-related special compensation.
Sec. 11405. Study on food security.
Subtitle B--Healthcare
Sec. 11406. Development of medical staffing standards for Coast Guard.
Sec. 11407. Healthcare system review and strategic plan.
Sec. 11408. Data collection and access to care.
Sec. 11409. Behavioral health policy.
Sec. 11410. Members asserting post-traumatic stress disorder or
traumatic brain injury.
Sec. 11411. Improvements to Physical Disability Evaluation System and
transition program.
Sec. 11412. Expansion of access to counseling.
Sec. 11413. Expansion of postgraduate opportunities for members of Coast
Guard in medical and related fields.
Sec. 11414. Study on Coast Guard medical facilities needs.
Sec. 11415. Study on Coast Guard telemedicine program.
Subtitle C--Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted
members of Coast Guard in Key West, Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized
housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D--Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast Guard
personnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment plan.
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
Sec. 11501. Responses to safety recommendations.
Sec. 11502. Requirements for DUKW amphibious passenger vessels.
Sec. 11503. Exoneration and limitation of liability for small passenger
vessels.
Sec. 11504. At-sea recovery operations pilot program.
Sec. 11505. Historic wood sailing vessels.
Sec. 11506. Certificates of numbers for undocumented vessels.
Sec. 11507. Comptroller General review and report on Coast Guard
oversight of third-party organizations.
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B--Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant
mariner credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Subtitle C--Other Matters
Sec. 11516. Nonoperating individual.
Sec. 11517. Oceanographic research vessels.
Sec. 11518. Port access routes briefing.
Sec. 11519. Definition of stateless vessel.
Sec. 11520. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Sec. 11521. Report on securing vessels and cargo.
Sec. 11522. Report on enforcement of coastwise laws.
Sec. 11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 11524. Prohibition on entry and operation.
Sec. 11525. Floating dry docks.
Sec. 11526. Updated requirements for fishing crew agreements.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for
suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration Commissioned
Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and
weather reconnaissance and research mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B--Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and
Atmospheric Administration in Juneau, Alaska.
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 11801. Terms and vacancies.
Sec. 11802. Passenger vessel security and safety requirements.
Sec. 11803. Technical corrections.
Sec. 11804. Transportation worker identification credential technical
amendments.
Sec. 11805. Reinstatement.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
SEC. 11002. DEFINITIONS.
In this division:
(1) Commandant.--The term ``Commandant'' means the Commandant
of the Coast Guard.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the department in which the
Coast Guard is operating.
SEC. 11003. RULE OF CONSTRUCTION.
(a) In General.--Nothing in this division may be construed--
(1) to satisfy any requirement for government-to-government
consultation with Tribal governments; or
(2) to affect or modify any treaty or other right of any Tribal
government.
(b) Tribal Government Defined.--In this section, the term ``Tribal
government'' means the recognized governing body of any Indian or
Alaska Native Tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually identified
(including parenthetically) in the list published most recently as of
the date of the enactment of this Act pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
TITLE CXI--AUTHORIZATIONS
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking ``fiscal
years 2020 and 2021'' and inserting ``fiscal years 2022 and 2023'';
(2) in paragraph (1)--
(A) in subparagraph (A) by striking clauses (i) and (ii)
and inserting the following:
``(i) $10,000,000,000 for fiscal year 2022; and
``(ii) $10,750,000,000 for fiscal year 2023.'';
(B) in subparagraph (B) by striking ``$17,035,000'' and
inserting ``$23,456,000''; and
(C) in subparagraph (C) by striking ``, (A)(ii)
$17,376,000'' and inserting ``(A)(ii), $24,353,000'';
(3) in paragraph (2)--
(A) in subparagraph (A) by striking clauses (i) and (ii)
and inserting the following:
``(i) $3,312,114,000 for fiscal year 2022; and
``(ii) $3,477,600,000 for fiscal year 2023.''; and
(B) in subparagraph (B) by striking clauses (i) and (ii)
and inserting the following:
``(i) $20,400,000 for fiscal year 2022; and
``(ii) $20,808,000 for fiscal year 2023.'';
(4) in paragraph (3) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) $7,476,000 for fiscal year 2022; and
``(B) $14,681,084 for fiscal year 2023.''; and
(5) in paragraph (4) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) $240,577,000 for fiscal year 2022; and
``(B) $252,887,000 for fiscal year 2023.''.
SEC. 11102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``fiscal years 2020 and
2021'' and inserting ``fiscal years 2022 and 2023''; and
(2) in subsection (b) by striking ``fiscal years 2020 and
2021'' and inserting ``fiscal years 2022 and 2023''.
SEC. 11103. AUTHORIZATION FOR CERTAIN PROGRAMS AND SERVICES.
Of the amounts authorized to be appropriated under section
4902(1)(A) of title 14, United States Code, there are authorized to the
Commandant for each of fiscal years 2022 and 2023--
(1) $25,000,000 for the child care subsidy program as
established under section 11401and any additional eligible uses
established by the Commandant under the amendment made by
subsection (c) of section 11401;
(2) $1,300,000 for expansion of behavioral health services in
the Coast Guard under section 11412;
(3) $3,000,000 for the Aqua Alert Notification System pilot
program established under section 11207; and
(4) $1,000,000 to prepare the evaluation of requirements for
the Arctic Security Cutter.
SEC. 11104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL
VESSELS.
(a) In General.--Of the amounts authorized to be appropriated under
section 4902(2)(A)(ii) of title 14, United States Code, as amended by
section 11101, for fiscal year 2023--
(1) $300,000,000 shall be authorized for the acquisition of a
twelfth National Security Cutter;
(2) $420,000,000 shall be authorized for the acquisition of 6
Fast Response Cutters;
(3) $172,500,000 is authorized for the program management,
design, and acquisition of 12 Pacific Northwest heavy weather boats
that are at least as capable as the Coast Guard 52-foot motor
surfboat;
(4) $167,200,000 is authorized for the third Polar Security
Cutter;
(5) $150,000,000 is authorized for the acquisition or
procurement of an available icebreaker (as such term is defined
under section 11223);
(6) for fiscal year 2022, $350,000,000 shall be authorized for
the acquisition of a Great Lakes icebreaker at least as capable as
Coast Guard cutter Mackinaw (WLBB-30);
(7) in addition to amounts authorized under paragraph (6),
$20,000,000 shall be authorized for the design and selection of
icebreaking cutters for operation in the Great Lakes, the
Northeastern United States, and the Arctic as appropriate, that are
at least as capable as the Coast Guard 140-foot icebreaking tugs;
and
(8) $650,000,000 is authorized for the continued acquisition of
Offshore Patrol Cutters.
(b) Treatment of Acquired Cutter.--Any cutter acquired using
amounts authorized under subsection (a) shall be in addition to the
National Security Cutters and Fast Response Cutters approved under the
existing acquisition baseline in the program of record for the National
Security Cutter and Fast Response Cutter.
SEC. 11105. SHORESIDE INFRASTRUCTURE AND FACILITIES.
(a) In General.--Of the amounts authorized to be appropriated under
section 4902(2)(A) of title 14, United States Code--
(1) for each of fiscal years 2022 and 2023, $1,000,000,000 is
authorized to fund maintenance, construction, and repairs for Coast
Guard shoreside infrastructure; and
(2) for fiscal year 2023, $127,000,000 is authorized for
improvements to facilities of the Coast Guard Yard.
(b) Set-asides.--Of the amounts authorized under subsection
(a)(1)--
(1) up to $60,000,000 is authorized to fund Phase I, in fiscal
year 2022, and $60,000,000 is authorized to fund Phase II, in
fiscal year 2023, for the recapitalization of the barracks at the
United States Coast Guard Training Center Cape May in Cape May, New
Jersey;
(2) $67,500,000 is authorized for the construction of
additional new child care development centers not constructed using
funds authorized by title V of the Infrastructure Investment and
Jobs Act (Public Law 117-58); and
(3) up to $1,200,000 is authorized to--
(A) complete repairs to the United States Coast Guard
Station, New York, waterfront, including repairs to the
concrete pier; and
(B) replace floating piers Alpha and Bravo, the South
Breakwater and Ice Screen, the North Breakwater and Ice Screen
and the seawall.
(c) Mitigation of Hazard Risks.--In carrying out projects with
funds authorized under subsection (a), the Coast Guard shall mitigate,
to the greatest extent practicable, natural hazard risks identified in
any Shore Infrastructure Vulnerability Assessment for Phase I related
to such projects.
SEC. 11106. COAST GUARD YARD RESILIENT INFRASTRUCTURE AND CONSTRUCTION
IMPROVEMENT.
There is authorized to appropriated for the period of fiscal years
2023 through 2028 for the Secretary--
(1) $273,000,000 for the purposes of improvements to facilities
of the Coast Guard Yard; and
(2) $236,000,000 for the acquisition of a new floating drydock
at the Yard.
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
SEC. 11201. REPORT ON SHORESIDE INFRASTRUCTURE AND FACILITIES PROJECTS.
(a) In General.--Not less frequently than annually, the Commandant
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that includes--
(1) a detailed list of Coast Guard shoreside infrastructure
projects contemplated in each Coast Guard Sector area of
responsibility and planned within the 7 years following the
submission of the annual report for all Coast Guard facilities
located within each Coast Guard Sector area of responsibility in
the order of priority, including recapitalization, maintenance
needs in excess of $100,000, dredging, and other shoreside
infrastructure needs of the Coast Guard;
(2) the estimated cost of projects to fulfill each project, to
the extent available; and
(3) a general description of the state of planning, including
design and engineering, for each such project.
(b) Contents.--The report submitted under subsection (a) shall
include all unfunded shoreside infrastructure and facility priorities
meeting the criteria under subsection (a) recommended to the Commandant
for consideration for inclusion in the unfunded priority list report to
Congress under section 5108 of title 14, United States Code, regardless
of whether the unfunded shoreside infrastructure project is included in
the final annual unfunded priority list to Congress.
SEC. 11202. REPORT AND BRIEFING ON RESOURCING STRATEGY FOR WESTERN
PACIFIC REGION.
(a) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commandant, in consultation with the
Coast Guard Commander of the Pacific Area, the Commander of United
States Indo-Pacific Command, and the Under Secretary of Commerce
for Oceans and Atmosphere, shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report outlining the resourcing needs of the
Coast Guard to achieve optimum operations in the Western Pacific
region.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) An assessment of the risks and associated needs--
(i) to United States strategic maritime interests, in
particular such interests in areas west of the
International Date Line, including risks to bilateral
maritime partners of the United States, posed by not fully
staffing and equipping Coast Guard operations in the
Western Pacific region;
(ii) to the Coast Guard mission and force posed by not
fully staffing and equipping Coast Guard operations in the
Western Pacific region; and
(iii) to support the call of the President, as set
forth in the Indo-Pacific Strategy, to expand Coast Guard
presence and cooperation in Southeast Asia, South Asia, and
the Pacific Islands, with a focus on advising, training,
deployment, and capacity building.
(B) A description of the additional resources, including
shoreside resources, required to fully implement the needs
described in subparagraph (A), including the United States
commitment to bilateral fisheries law enforcement in the
Pacific Ocean.
(C) A description of the operational and personnel assets
required and a dispersal plan for available and projected
future Coast Guard cutters and aviation forces to conduct
optimum operations in the Western Pacific region.
(D) An analysis with respect to whether a national security
cutter or fast response cutter located at a United States
military installation in a foreign country in the Western
Pacific region would enhance United States national security,
partner country capacity building, and prevention and effective
response to illegal, unreported, and unregulated fishing.
(E) An assessment of the benefits and associated costs
involved in--
(i) increasing staffing of Coast Guard personnel within
the command elements of United States Indo-Pacific Command
or subordinate commands; and
(ii) designating a Coast Guard patrol force under the
direct authority of the Commander of the United States
Indo-Pacific Command with associated forward-based assets
and personnel.
(F) An identification of any additional authority
necessary, including proposals for legislative change, to meet
the needs identified in accordance with subparagraphs (A)
through (E) and any other mission requirement in the Western
Pacific region.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may include a classified annex.
(b) Briefing.--Not later than 60 days after the date on which the
Commandant submits the report under subsection (a), the Commandant, or
a designated individual, shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
briefing on the findings and conclusions of such report.
SEC. 11203. STUDY AND REPORT ON NATIONAL SECURITY AND DRUG TRAFFICKING
THREATS IN FLORIDA STRAITS, CUBA, AND CARIBBEAN REGION.
(a) In General.--The Commandant shall conduct a study on threats to
national security, drug trafficking, and other relevant threats the
Commandant considers appropriate in the Florida Straits and Caribbean
region, including Cuba.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An assessment of--
(A) new technology and evasive maneuvers used by
transnational criminal organizations to evade detection and
interdiction by Coast Guard law enforcement units and
interagency partners; and
(B) capability gaps of the Coast Guard with respect to--
(i) the detection and interdiction of illicit drugs in
the Florida Straits and Caribbean region, including Cuba;
and
(ii) the detection of national security threats in such
region.
(2) An identification of--
(A) the critical technological advancements required for
the Coast Guard to meet current and anticipated threats in such
region;
(B) the capabilities required to enhance information
sharing and coordination between the Coast Guard and
interagency partners, foreign governments, and related civilian
entities; and
(C) any significant developing threats to the United States
posed by illicit actors in such region.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the study under subsection (a).
SEC. 11204. COAST GUARD YARD.
(a) In General.--With respect to the Coast Guard Yard, the uses of
the amounts authorized under sections 11105(a)(2) and 11106 are to--
(1) improve resilience and capacity;
(2) maintain and expand Coast Guard organic manufacturing
capacity;
(3) expand training and recruitment;
(4) enhance safety;
(5) improve environmental compliance; and
(6) ensure that the Coast Guard Yard is prepared to meet the
growing needs of the modern Coast Guard fleet.
(b) Inclusions.--The Secretary shall ensure that the Coast Guard
Yard receives improvements that include the following:
(1) Facilities upgrades needed to improve resilience of the
shipyard, its facilities, and associated infrastructure.
(2) Acquisition of a large-capacity drydock.
(3) Improvements to piers and wharves, drydocks, and capital
equipment utilities.
(4) Environmental remediation.
(5) Construction of a new warehouse and paint facility.
(6) Acquisition of a new travel lift.
(7) Dredging necessary to facilitate access to the Coast Guard
Yard.
(c) Workforce Development Plan.--Not later than 180 days after the
date of enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives, a workforce development plan that--
(1) outlines the workforce needs of the Coast Guard Yard with
respect to civilian employees and active duty members of the Coast
Guard, including engineers, individuals engaged in trades, cyber
specialists, and other personnel necessary to meet the evolving
mission set of the Coast Guard Yard; and
(2) includes recommendations for Congress with respect to the
authorities, training, funding, and civilian and active-duty
recruitment, including the recruitment of women and
underrepresented minorities, necessary to meet workforce needs of
the Coast Guard Yard for the 10-year period beginning on the date
of submission of the plan.
SEC. 11205. AUTHORITY TO ENTER INTO TRANSACTIONS OTHER THAN CONTRACTS
AND GRANTS TO PROCURE COST-EFFECTIVE TECHNOLOGY FOR MISSION NEEDS.
(a) In General.--Subchapter III of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 1158. Authority to enter into transactions other than contracts
and grants to procure cost-effective, advanced technology for
mission-critical needs
``(a) In General.--Subject to subsections (b) and (c), the
Commandant may enter into transactions (other than contracts,
cooperative agreements, and grants) to operate, test, and acquire cost-
effective technology for the purpose of meeting the mission needs of
the Coast Guard.
``(b) Operation, Testing, and Acquisition.--Operation, testing, and
acquisition of technologies under subsection (a) shall be--
``(1) carried out in accordance with Coast Guard policies and
guidance; and
``(2) consistent with the operational requirements of the Coast
Guard.
``(c) Limitations.--The Commandant may not enter into a transaction
under subsection (a) with respect to a technology that--
``(1) does not comply with the cybersecurity standards of the
Coast Guard; or
``(2) is sourced from an entity domiciled in the People's
Republic of China, unless the Commandant determines that the
prototype or procurement of such a technology is for the purpose
of--
``(A) counter-UAS or surrogate testing; or
``(B) intelligence, electronic warfare, and information
warfare, testing, and analysis.
``(d) Education and Training.--The Commandant shall ensure that
management, technical, and contracting personnel of the Coast Guard
involved in the award or administration of transactions under this
section are provided adequate education and training with respect to
the authority under this section.
``(e) Regulations.--The Commandant shall prescribe regulations as
necessary to carry out this section.
``(f) Counter-UAS Defined.--In this section, the term `counter-UAS'
has the meaning given such term in section 44801 of title 49.''.
(b) Clerical Amendment.--The analysis for chapter 11 of title 14,
United States Code, is amended by inserting after the item relating to
section 1157 the following:
``1158. Authority to enter into transactions other than contracts and
grants to procure cost-effective, advanced technology for
mission-critical needs.''.
(c) Report.--
(1) In general.--Not later than 5 years after the date of the
enactment of this Act, the Commandant shall submit to the
appropriate committees of Congress a report that--
(A) describes the use of the authority pursuant to section
1158 of title 14, United States Code (as added by this
section); and
(B) assesses the mission and operational benefits of such
authority.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 11206. IMPROVEMENTS TO INFRASTRUCTURE AND OPERATIONS PLANNING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant shall incorporate the most recent oceanic
and atmospheric data relating to the increasing rates of extreme
weather, including flooding, into planning scenarios for Coast Guard
infrastructure and mission deployments with respect to all Coast Guard
Missions.
(b) Coordination With National Oceanic and Atmospheric
Administration.--In carrying out subsection (a), the Commandant shall--
(1) coordinate with the Under Secretary of Commerce for Oceans
and Atmosphere to ensure the incorporation of the most recent
environmental and climatic data; and
(2) request technical assistance and advice from the Under
Secretary in planning scenarios, as appropriate.
(c) Briefing.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
briefing on the manner in which the best-available science from the
National Oceanic and Atmospheric Administration has been incorporated
into at least 1 key mission area of the Coast Guard, and the lessons
learned from incorporating such science.
SEC. 11207. AQUA ALERT NOTIFICATION SYSTEM PILOT PROGRAM.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Commandant shall, subject to the availability of
appropriations, establish a pilot program to improve the issuance of
alerts to facilitate cooperation with the public to render aid to
distressed individuals under section 521 of title 14, United States
Code.
(b) Pilot Program Contents.--In carrying out the pilot program
established under subsection (a), the Commandant shall, to the maximum
extent possible--
(1) include a voluntary opt-in program under which members of
the public, as appropriate, and the entities described in
subsection (c), may receive notifications on cellular devices
regarding Coast Guard activities to render aid to distressed
individuals under section 521 of title 14, United States Code;
(2) cover areas located within the area of responsibility of 3
different Coast Guard sectors in diverse geographic regions; and
(3) provide that the dissemination of an alert shall be limited
to the geographic areas most likely to facilitate the rendering of
aid to distressed individuals.
(c) Consultation.--In developing the pilot program under subsection
(a), the Commandant shall consult--
(1) the head of any relevant Federal agency;
(2) the government of any relevant State;
(3) any Tribal Government;
(4) the government of any relevant territory or possession of
the United States; and
(5) any relevant political subdivision of an entity described
in paragraph (2), (3), or (4).
(d) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter through 2026, the
Commandant shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the
implementation of this section.
(2) Public availability.--The Commandant shall make the report
submitted under paragraph (1) available to the public.
SEC. 11208. PILOT PROJECT FOR ENHANCING COAST GUARD CUTTER READINESS
THROUGH CONDITION-BASED MAINTENANCE.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Commandant shall conduct a pilot project to enhance
cutter readiness and reduce lost patrol days through the deployment of
condition-based program standards for cutter maintenance, in accordance
with the criteria set forth in subsection (b).
(b) Criteria for Condition-Based Maintenance Evaluation.--In
conducting the pilot project under subsection (a), the Commandant, in
cooperation with government and industry partners, shall--
(1) select at least 1 class of cutters under construction with
respect to which the application of the pilot project would enhance
readiness;
(2) use condition-based program standards which incorporate
artificial, intelligence, prognostic based maintenance planning;
(3) create and model a full ship digital twin for the cutters
selected under paragraph (1);
(4) install or modify instrumentation capable of producing full
hull, mechanical, and electrical data necessary to analyze cutter
operational conditions with active maintenance alerts; and
(5) evaluate and weight efficacy of potential emergent repairs
as well as planned depot maintenance activities.
(c) Consideration.--Prior to developing the pilot project in this
section, the Commandant shall evaluate commercially available products,
technology, applications, standards, and technology for development and
implementation of the pilot program.
(d) Report to Congress.--The Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives--
(1) an interim report not later than 12 months after the date
of enactment of this Act on the progress in carrying out the pilot
project described in subsection (a); and
(2) a final report not later than 3 years after the date of
enactment of this Act on the results of the pilot project described
in subsection (a) that includes--
(A) options to integrate condition-based program standards
with prognostic based maintenance planning to Coast Guard
cutters; and
(B) plans to deploy condition-based program standards with
prognostic based maintenance planning to Coast Guard cutters.
SEC. 11209. STUDY ON LAYDOWN OF COAST GUARD CUTTERS.
Not later than 120 days after the date of enactment of this Act,
the Secretary shall conduct a study on the laydown of Coast Guard Fast
Response Cutters to assess Coast Guard mission readiness and to
identify areas of need for asset coverage.
SEC. 11210. ACQUISITION LIFE-CYCLE COST ESTIMATES.
Section 1132(e) of title 14, United States Code, is amended by
striking paragraphs (2) and (3) and inserting the following:
``(2) Types of estimates.--For each Level 1 or Level 2
acquisition project or program, in addition to life-cycle cost
estimates developed under paragraph (1), the Commandant shall
require that--
``(A) life-cycle cost estimates developed under paragraph
(1) be updated before--
``(i) each milestone decision is concluded; and
``(ii) the project or program enters a new acquisition
phase; and
``(B) an independent cost estimate or independent cost
assessment, as appropriate, be developed to validate life-cycle
cost estimates developed under paragraph (1).''.
SEC. 11211. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN.
Section 914 of title 14, United States Code, is amended to read as
follows:
``Sec. 914. Disposition of infrastructure related to E-LORAN
``(a) In General.--Notwithstanding any other provision of law, the
Commandant may dismantle or dispose of any real or personal property
under the administrative control of the Coast Guard and used for the
LORAN-C system.
``(b) Restriction.--No action described in subsection (a) may be
taken unless and until--
``(1) the Commandant notifies the Secretary of Transportation
and the Secretary of Defense in writing of the proposed dismantling
or disposal of a LORAN-C system; and
``(2) a period of 90 calendar days expires following the day on
which the notice has been submitted.
``(c) Receipt of Notification.--If, not later than 90 calendar days
of receipt of the written notification under subsection (b), the
Secretary of Transportation or the Secretary of Defense notifies the
Commandant, in writing, of a determination under section 312(d) of
title 49 that the property is required to provide a positioning,
navigation, and timing system to provide redundant capability in the
event the Global Positioning System signals are disrupted, the
Commandant shall transfer the property to the Department of
Transportation without any consideration.
``(d) Notification Expiration.--If, at the end of the 90 calendar
day period no notification under subsection (b) has been received, the
Commandant shall notify the Committee on Transportation and
Infrastructure and the Committee on Appropriations in the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate that
the period in subsection (b)(2) has expired, and may proceed with the
dismantling and disposal of the personal property, and disposing of the
real property in accordance with section 2945 of this title.
``(e) Exception.--The prohibition on actions in subsection (b) does
not apply to actions necessary for the safety of human life.''.
Subtitle B--Great Lakes
SEC. 11212. GREAT LAKES WINTER COMMERCE.
(a) Great Lakes Icebreaking Operations.--
(1) Government accountability office report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on Coast Guard icebreaking in the
Great Lakes.
(B) Elements.--The report required under subparagraph (A)
shall evaluate--
(i) the economic impact of vessel delays or
cancellations associated with ice coverage on the Great
Lakes;
(ii) mission needs of the Coast Guard Great Lakes
icebreaking program;
(iii) the impact that the proposed standards described
in paragraph (2) would have on--
(I) Coast Guard operations in the Great Lakes;
(II) Northeast icebreaking missions; and
(III) inland waterway operations;
(iv) a fleet mix analysis for meeting such proposed
standards;
(v) a description of the resources necessary to support
the fleet mix resulting from such fleet mix analysis,
including billets for crew and operating costs; and
(vi) recommendations to the Commandant for Improvements
to the Great Lakes icebreaking program, including with
respect to facilitating commerce and meeting all Coast
Guard mission needs.
(2) Proposed standards for icebreaking operations.--The
proposed standards described in this subsection are the following:
(A) Except as provided in subparagraph (B), the Commandant
shall keep ice-covered waterways in the Great Lakes open to
navigation during not less than 90 percent of the hours that
commercial vessels and ferries attempt to transit such ice-
covered waterways.
(B) In a year in which the Great Lakes are not open to
navigation, because of ice of a thickness that occurs on
average only once every 10 years, the Commandant shall keep
ice-covered waterways in the Great Lakes open to navigation
during not less than 70 percent of the hours that commercial
vessels and ferries attempt to transit such ice-covered
waterways.
(3) Report by commandant.--Not later than 90 days after the
date on which the Comptroller General submits the report under
paragraph (1), the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes the following:
(A) A plan for Coast Guard implementation of any
recommendation made by the Comptroller General under paragraph
(1)(B)(ii) that the Commandant considers appropriate.
(B) With respect to any recommendation made under such
paragraph that the Commandant declines to implement and a
justification for such decision.
(C) A review of, and a proposed implementation plan for,
the results of the fleet mix analysis under paragraph
(1)(B)(iv).
(D) Any proposed modifications to the standards for
icebreaking operations in the Great Lakes.
(b) Definitions.--In this section:
(1) Commercial vessel.--The term ``commercial vessel'' means
any privately owned cargo vessel operating in the Great Lakes
during the winter season of at least 500 tons, as measured under
section 14502 of title 46, or an alternate tonnage measured under
section 14302 of such title, as prescribed by the Secretary under
section 14104 of such title.
(2) Great lakes.--The term ``Great Lakes'' means the United
States waters of Lake Superior, Lake Michigan, Lake Huron
(including Lake St. Clair), Lake Erie, and Lake Ontario, their
connecting waterways, and their adjacent harbors, and the
connecting channels (including the following rivers and tributaries
of such rivers: Saint Mary's River, Saint Clair River, Detroit
River, Niagara River, Illinois River, Chicago River, Fox River,
Grand River, St. Joseph River, St. Louis River, Menominee River,
Muskegon River, Kalamazoo River, and Saint Lawrence River to the
Canadian border).
(3) Ice-covered waterway.--The term ``ice-covered waterway''
means any portion of the Great Lakes in which commercial vessels or
ferries operate that is 70 percent or greater covered by ice, but
does not include any waters adjacent to piers or docks for which
commercial icebreaking services are available and adequate for the
ice conditions.
(4) Open to navigation.--The term ``open to navigation'' means
navigable to the extent necessary, in no particular order of
priority, to meet the reasonable demands of commerce, minimize
delays to passenger ferries, extricate vessels and individuals from
danger, prevent damage due to flooding, and conduct other Coast
Guard missions (as required).
(5) Reasonable demands of commerce.--The term ``reasonable
demands of commerce'' means the safe movement of commercial vessels
and ferries transiting ice-covered waterways in the Great Lakes,
regardless of type of cargo, at a speed consistent with the design
capability of Coast Guard icebreakers operating in the Great Lakes
and appropriate to the ice capability of the commercial vessel.
SEC. 11213. DATABASE ON ICEBREAKING OPERATIONS IN GREAT LAKES.
(a) In General.--The Commandant shall establish and maintain a
database for collecting, archiving, and disseminating data on
icebreaking operations and commercial vessel and ferry transit in the
Great Lakes during ice season.
(b) Elements.--The database required under subsection (a) shall
include the following:
(1) Attempts by commercial vessels and ferries to transit ice-
covered waterways in the Great Lakes that are unsuccessful because
of inadequate icebreaking.
(2) The period of time that each commercial vessel or ferry was
unsuccessful at transit described in paragraph (1) due to
inadequate icebreaking.
(3) The amount of time elapsed before each such commercial
vessel or ferry was successfully broken out of the ice and whether
it was accomplished by the Coast Guard or by commercial icebreaking
assets.
(4) Relevant communications of each such commercial vessel or
ferry with the Coast Guard and with commercial icebreaking services
during such period.
(5) A description of any mitigating circumstance, such as Coast
Guard icebreaker diversions to higher priority missions, that may
have contributed to the amount of time described in paragraph (3).
(c) Voluntary Reporting.--Any reporting by operators of commercial
vessels or ferries under this section shall be voluntary.
(d) Public Availability.--The Commandant shall make the database
available to the public on a publicly accessible website of the Coast
Guard.
(e) Consultation With Industry.--With respect to the Great Lakes
icebreaking operations of the Coast Guard and the development of the
database required under subsection (a), the Commandant shall consult
operators of commercial vessels and ferries.
(f) Public Report.--Not later than July 1 after the first winter in
which the Commandant is subject to the requirements of section 564 of
title 14, United States Code, the Commandant shall publish on a
publicly accessible website of the Coast Guard a report on the cost to
the Coast Guard of meeting the requirements of such section.
(g) Definitions.--In this section:
(1) Commercial vessel.--The term ``commercial vessel'' means
any privately owned cargo vessel operating in the Great Lakes
during the winter season of at least 500 tons, as measured under
section 14502 of title 46, United States Code, or an alternate
tonnage measured under section 14302 of such title, as prescribed
by the Secretary under section 14104 of such title.
(2) Great lakes.--The term ``Great Lakes'' means the United
States waters of Lake Superior, Lake Michigan, Lake Huron
(including Lake St. Clair), Lake Erie, and Lake Ontario, their
connecting waterways, and their adjacent harbors, and the
connecting channels (including the following rivers and tributaries
of such rivers: Saint Mary's River, Saint Clair River, Detroit
River, Niagara River, Illinois River, Chicago River, Fox River,
Grand River, St. Joseph River, St. Louis River, Menominee River,
Muskegon River, Kalamazoo River, and Saint Lawrence River to the
Canadian border).
(3) Ice-covered waterway.--The term ``ice-covered waterway''
means any portion of the Great Lakes in which commercial vessels or
ferries operate that is 70 percent or greater covered by ice, but
does not include any waters adjacent to piers or docks for which
commercial icebreaking services are available and adequate for the
ice conditions.
(4) Open to navigation.--The term ``open to navigation'' means
navigable to the extent necessary to--
(A) extricate vessels and individuals from danger;
(B) prevent damage due to flooding;
(C) meet the reasonable demands of commerce;
(D) minimize delays to passenger ferries; and
(E) conduct other Coast Guard missions as required.
(5) Reasonable demands of commerce.--The term ``reasonable
demands of commerce'' means the safe movement of commercial vessels
and ferries transiting ice-covered waterways in the Great Lakes,
regardless of type of cargo, at a speed consistent with the design
capability of Coast Guard icebreakers operating in the Great Lakes
and appropriate to the ice capability of the commercial vessel.
SEC. 11214. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL SEARCH AND
RESPONSE.
Section 807(d) of the Frank LoBiondo Coast Guard Authorization Act
of 2018 (14 U.S.C. 313 note) is amended to read as follows:
``(d) Definition.--In this section, the term `Great Lakes' means--
``(1) Lake Ontario;
``(2) Lake Erie;
``(3) Lake Huron (including Lake St. Clair);
``(4) Lake Michigan;
``(5) Lake Superior; and
``(6) the connecting channels (including the following rivers
and tributaries of such rivers: Saint Mary's River, Saint Clair
River, Detroit River, Niagara River, Illinois River, Chicago River,
Fox River, Grand River, St. Joseph River, St. Louis River,
Menominee River, Muskegon River, Kalamazoo River, and Saint
Lawrence River to the Canadian border).''.
SEC. 11215. GREAT LAKES SNOWMOBILE ACQUISITION PLAN.
(a) In General.--The Commandant shall develop a plan to expand
snowmobile procurement for Coast Guard units for which snowmobiles may
improve ice rescue response times while maintaining the safety of Coast
Guard personnel engaged in ice search and rescue. The plan shall
include consideration of input from Officers in Charge, commanding
officers, and commanders of such units.
(b) Elements.--The plan required under subsection (a) shall
include--
(1) a consideration of input from Officers in Charge,
commanding officers, and commanders of Coast Guard units described
in subsection (a);
(2) a detailed description of the estimated costs of procuring,
maintaining, and training members of the Coast Guard at such units
to use snowmobiles; and
(3) an assessment of--
(A) the degree to which snowmobiles may improve ice rescue
response times while maintaining the safety of Coast Guard
personnel engaged in ice search and rescue;
(B) the operational capabilities of a snowmobile, as
compared to an airboat, and a force laydown assessment with
respect to the assets needed for effective operations at Coast
Guard units conducting ice search and rescue activities; and
(C) the potential risks to members of the Coast Guard and
members of the public posed by the use of snowmobiles by
members of the Coast Guard for ice search and rescue
activities.
(c) Public Availability.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall finalize the plan required
under subsection (a) and make the plan available on a publicly
accessible website of the Coast Guard.
SEC. 11216. GREAT LAKES BARGE INSPECTION EXEMPTION.
Section 3302(m) of title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1) by inserting ``or a
Great Lakes barge'' after ``seagoing barge''; and
(2) by striking ``section 3301(6) of this title'' and inserting
``paragraph (6) or (13) of section 3301 of this title''.
SEC. 11217. STUDY ON SUFFICIENCY OF COAST GUARD AVIATION ASSETS TO MEET
MISSION DEMANDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on--
(1) the force laydown of Coast Guard aviation assets; and
(2) any geographic gaps in coverage by Coast Guard assets in
areas in which the Coast Guard has search and rescue
responsibilities.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) The distance, time, and weather challenges that MH-65 and
MH-60 units may face in reaching the outermost limits of the area
of operation of Coast Guard District 8 and Coast Guard District 9
for which such units are responsible.
(2) An assessment of the advantages that Coast Guard fixed-wing
assets, or an alternate rotary wing asset, would offer to the
outermost limits of any area of operation for purposes of search
and rescue, law enforcement, ice operations, and logistical
missions.
(3) A comparison of advantages and disadvantages of the manner
in which each of the Coast Guard fixed-wing aircraft would operate
in the outermost limits of any area of operation.
(4) A specific assessment of the coverage gaps, including gaps
in fixed-wing coverage, and potential solutions to address such
gaps in the area of operation of Coast Guard District 8 and Coast
Guard District 9, including the eastern region of such area of
operation with regard to Coast Guard District 9 and the southern
region of such area of operation with regard to Coast Guard
District 8.
Subtitle C--Arctic
SEC. 11218. ESTABLISHMENT OF MEDIUM ICEBREAKER PROGRAM OFFICE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant, in consultation with the heads
of the other Federal agencies as appropriate, shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report to establish a fleet mix analysis with respect
to polar icebreakers and icebreaking tugs.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a full fleet mix of heavy and medium icebreaker and 140-
foot icebreaking tug replacements, including cost and timelines for
the acquisition of such vessels;
(2) a revised time table showing the construction,
commissioning, and acceptance of planned Polar Security Cutters 1
through 3, as of the date of report;
(3) a comparison and alternatives analysis of the costs and
timeline of constructing 2 Polar Security Cutters beyond the
construction of 3 such vessels rather than constructing 3 Arctic
Security Cutters, including the cost of planning, design, and
engineering of a new class of ships, which shall include the
increased costs resulting from the delays in building a new class
of cutters rather than building 2 additional cutters from an
ongoing production line;
(4) the operational benefits, limitations, and risks of a
common hull design for polar icebreaking cutters for operation in
the polar regions;
(5) the operational benefits, limitations, and risks of a
common hull design for icebreaking tugs for operation in the
Northeastern United States; and
(6) the cost and timetable for replacing the Coast Guard Cutter
Healy (WAGB 20) as--
(A) a Polar Security Cutter;
(B) an Arctic Security Cutter; or
(C) other platform as determined by the Commandant.
(c) Quarterly Briefings.--As part of quarterly acquisition
briefings provided by the Commandant to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives, the
Commandant shall include an update on the status of--
(1) all acquisition activities related to the Polar Security
Cutter;
(2) the performance of the entity which the Coast Guard has
contracted with for detailed design and construction of the Polar
Security Cutter; and
(3) the requirements for the planning, detailed design,
engineering, and construction of the--
(A) Arctic Security Cutter; and
(B) Great Lakes Icebreaker.
(d) Limitation.--The report required to be submitted under
subsection (a) shall not include an analysis of the Great Lakes
Icebreaker authorized under section 11104.
(e) Establishment of the Arctic Security Cutter Program Office.--
(1) Determination.--Not later than 90 days after the submission
of the report under subsection (a), the Commandant shall determine
if constructing additional Polar Security Cutters is more cost
effective and efficient than constructing 3 Arctic Security
Cutters.
(2) Establishment.--If the Commandant determines under
paragraph (1) that it is more cost effective to build 3 Arctic
Security Cutters than to build additional Polar Security Cutters or
if the Commandant fails to make a determination under paragraph (1)
by June 1, 2024, the Commandant shall establish a program office
for the acquisition of the Arctic Security Cutter not later than
January 1, 2025.
(3) Requirements and design phase.--Not later than 270 days
after the date on which the Commandant establishes a program office
under paragraph (2), the Commandant shall complete the evaluation
of requirements for the Arctic Security Cutter and initiate the
design phase of the Arctic Security Cutter vessel class.
(f) Quarterly Briefings.--Not less frequently than quarterly until
the date on which a contract for acquisition of the Arctic Security
Cutter is awarded under chapter 11 of title 14, United States Code, the
Commandant shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a briefing on the status
of requirements evaluations, design of the vessel, and schedule of the
program.
SEC. 11219. ARCTIC ACTIVITIES.
(a) Arctic Operational Implementation Report.--Not later than 1
year after the date of enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress a report that
describes the ability and timeline to conduct a transit of the Northern
Sea Route and periodic transits of the Northwest Passage.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Transportation and Infrastructure of
the House of Representatives.
(2) Arctic.--The term ``Arctic'' has the meaning given such
term in section 112 of the Arctic Research and Policy Act of 1984
(15 U.S.C. 4111).
SEC. 11220. STUDY ON ARCTIC OPERATIONS AND INFRASTRUCTURE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
commence a study on the Arctic operations and infrastructure of the
Coast Guard.
(b) Elements.--The study required under subsection (a) shall assess
the following:
(1) The extent of the collaboration between the Coast Guard and
the Department of Defense to assess, manage, and mitigate security
risks in the Arctic region.
(2) Actions taken by the Coast Guard to manage risks to Coast
Guard operations, infrastructure, and workforce planning in the
Arctic.
(3) The plans the Coast Guard has in place for managing and
mitigating the risks to commercial maritime operations and the
environment in the Arctic region.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11221. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.
(a) Actual Use and Occupancy Reports.--Not later than 90 days after
enactment of this Act, and quarterly thereafter, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing--
(1) the degree to which Coast Guard personnel and equipment are
deployed to St. Paul Island, Alaska, in actual occupancy of the
facilities, as required under section 524 of the Pribilof Island
Transition Completion Act of 2016 (Public Law 114-120); and
(2) the status of the activities described in subsections (c)
and (d) until such activities have been completed.
(b) Aircraft Hanger.--The Secretary may--
(1) enter into a lease for a hangar to house deployed Coast
Guard aircraft if such hanger was previously under lease by the
Coast Guard for purposes of housing such aircraft; and
(2) enter into an agreement with the lessor of such a hanger in
which the Secretary may carry out repairs necessary to support the
deployment of such aircraft and the cost of such repairs may be
offset under the terms of the lease.
(c) Fuel Tank.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Commandant shall notify the Alaska
Native Village Corporation for St. Paul Island, Alaska of the
availability of any fuel tank--
(A) which is located on property on St. Paul Island,
Alaska, which is leased by the Coast Guard for the purpose of
housing such a fuel tank; and
(B) for which the Commandant has determined that the Coast
Guard no longer has an operational need.
(2) Transfer.--If not later than 30 days after a notification
under subsection (a), the Alaska Native Village Corporation for St.
Paul Island, Alaska requests that the ownership of the tank be
transferred to such corporation then the Commandant shall--
(A) after conducting any necessary environmental
remediation pursuant to the lease referred to in paragraph
(1)(A), transfer ownership of such fuel tank to such
corporation; and
(B) upon the date of such transfer, terminate the lease
referred to in paragraph (1)(A).
(d) Savings Clause.--Nothing in this section shall be construed to
limit any rights of the Alaska Native Village Corporation for St. Paul
to receive conveyance of all or part of the lands and improvements
related to Tract 43 under the same terms and conditions as prescribed
in section 524 of the Pribilof Island Transition Completion Act of 2016
(Public Law 114-120).
SEC. 11222. REPORT ON SHIPYARDS OF FINLAND AND SWEDEN.
Not later than 2 years after the date of enactment of this Act, the
Commandant, in consultation with the Comptroller General of the United
States, shall submit to Congress a report that analyzes the shipyards
of Finland and Sweden to assess future opportunities for technical
assistance related to engineering to aid the Coast Guard in fulfilling
its future mission needs.
SEC. 11223. ACQUISITION OF ICEBREAKER.
(a) In General.--The Commandant may acquire or procure 1 United
States built available icebreaker.
(b) Exemptions From Requirements.--
(1) In general.--Sections 1131, 1132(a)(2), 1132(c), 1133, and
1171 of title 14, United States Code, shall not apply to an
acquisition or procurement under subsection (a).
(2) Additional exceptions.--Paragraphs (1), (3), (4), and (5)
of subsection (a) and subsections (b), (d), and (e) of section 1132
of title 14, United States Code, shall apply to an acquisition or
procurement under subsection (a) until the first phase of the
initial acquisition or procurement is complete and initial
operating capacity is achieved.
(c) Science Mission Requirements.--For any available icebreaker
acquired or procured under subsection (a), the Commandant shall ensure
scientific research capacity comparable to the Coast Guard Cutter Healy
(WAGB 20), for the purposes of hydrographic, bathymetric,
oceanographic, weather, atmospheric, climate, fisheries, marine
mammals, genetic and other data related to the Arctic, and other
research as the Under Secretary determines appropriate.
(d) Operations and Agreements.--
(1) Coast guard.--With respect to any available icebreaker
acquired or procured under subsection (a), the Secretary shall be
responsible for any acquisition, retrofitting, operation, and
maintenance costs necessary to achieve full operational capability,
including testing, installation, and acquisition, including for the
suite of hull-mounted, ship-provided scientific instrumentation and
equipment for data collection.
(2) National oceanic and atmospheric administration.--The Under
Secretary shall not be responsible for the costs of retrofitting
any available icebreaker acquired or procured under subsection (a),
including costs relating to--
(A) vessel maintenance, construction, operations, and
crewing other than the science party; and
(B) making such icebreaker capable of conducting the
research described in subsection (c), including design,
procurement of laboratory space and equipment, and modification
of living quarters.
(3) Responsibility of under secretary.--The Under Secretary
shall be responsible for costs related to--
(A) the science party;
(B) the scientific mission; and
(C) other scientific assets and equipment that augment such
icebreaker beyond full operational capacity as determined by
the Under Secretary and Commandant.
(4) Memorandum of agreement.--The Commandant and the Under
Secretary shall enter into a memorandum of agreement to facilitate
science activities, data collection, and other procedures necessary
to meet the requirements of this section.
(e) Restriction and Briefing.--Not later than 60 days after the
date of enactment of this Act, the Commandant shall brief the
appropriate congressional committees with respect to available
icebreaker acquired or procured under subsection (a) on--
(1) a proposed concept of operations of such icebreaker;
(2) a detailed cost estimate for such icebreaker, including
estimated costs for acquisition, modification, shoreside
infrastructure, crewing, and maintaining such an icebreaker by year
for the estimated service life of such icebreaker; and
(3) the expected capabilities of such icebreaker as compared to
the capabilities of a fully operational Coast Guard built Polar
Security Cutter for each year in which such an icebreaker is
anticipated to serve in lieu of such a cutter and the projected
annual costs to achieve such anticipated capabilities.
(f) Interim Report.--Not later than 30 days after the date of
enactment of this Act, and not later than every 90 days thereafter
until any available icebreaker acquired or procured under subsection
(a) has reached full operational capability, the Commandant shall
provide to the appropriate Committees of Congress an interim report of
the status and progress of all elements under subsection (d).
(g) Rule of Construction.--Nothing in this section shall effect
acquisitions of vessels by the Under Secretary.
(h) Savings Clause.--
(1) In general.--Any operations necessary for the saving of
life or property at sea, response to environmental pollution,
national security, defense readiness, or other missions as
determined by the Commandant shall take priority over any
scientific or economic missions under subsection (c).
(2) Augmentation.--Any available icebreaker acquired or
procured under subsection (a) shall augment the Coast Guard mission
in the Arctic, including by conducting operations and missions that
are in addition to missions conducted by the Coast Guard Cutter
Healy (WAGB 20) in the region.
(i) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate.
(2) Arctic.--The term ``Arctic'' has the meaning given such
term in section 112 of the Arctic Research and Policy Act of 1984
(15 U.S.C. 4111).
(3) Available icebreaker.--The term ``available icebreaker''
means a vessel that--
(A) is capable of--
(i) supplementing United States Coast Guard polar
icebreaking capabilities in the Arctic region of the United
States;
(ii) projecting United States sovereignty;
(iii) ensuring a continuous operational capability in
the Arctic region of the United States;
(iv) carrying out the primary duty of the Coast Guard
described in section 103(7) of title 14, United States
Code; and
(v) collecting hydrographic, environmental, and climate
data; and
(B) is documented with a coastwise endorsement under
chapter 121 of title 46, United States Code.
(4) Under secretary.--The term ``Under Secretary'' means the
Under Secretary of Commerce for Oceans and Atmosphere.
(j) Sunset.--The authority under subsections (a) through (c) shall
expire on the date that is 3 years after the date of enactment of this
Act.
Subtitle D--Maritime Cyber and Artificial Intelligence
SEC. 11224. ENHANCING MARITIME CYBERSECURITY.
(a) Definitions.--In this section:
(1) Cyber incident.--The term ``cyber incident'' means an
occurrence that actually or imminently jeopardizes, without lawful
authority, the integrity, confidentiality, or availability of
information on an information system, or actually or imminently
jeopardizes, without lawful authority, an information system.
(2) Maritime operators.--The term ``maritime operators'' means
the owners or operators of vessels engaged in commercial service,
the owners or operators of facilities, and port authorities.
(3) Facilities.--The term ``facilities'' has the meaning given
the term ``facility'' in section 70101 of title 46, United States
Code.
(b) Public Availability of Cybersecurity Tools and Resources.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commandant, in coordination with the
Administrator of the Maritime Administration, the Director of the
Cybersecurity and Infrastructure Security Agency, and the Director
of the National Institute of Standards and Technology, shall
identify and make available to the public a list of tools and
resources, including the resources of the Coast Guard and the
Cybersecurity and Infrastructure Security Agency, designed to
assist maritime operators in identifying, detecting, protecting
against, mitigating, responding to, and recovering from cyber
incidents.
(2) Identification.--In carrying out paragraph (1), the
Commandant, the Administrator of the Maritime Administration, the
Director of the Cybersecurity and Infrastructure Security Agency,
and the Director of the National Institute of Standards and
Technology shall identify tools and resources that--
(A) comply with the cybersecurity framework for improving
critical infrastructure established by the National Institute
of Standards and Technology; or
(B) use the guidelines on maritime cyber risk management
issued by the International Maritime Organization on July 5,
2017 (or successor guidelines).
(3) Consultation.--The Commandant, the Administrator of the
Maritime Administration, the Director of the Cybersecurity and
Infrastructure Security Agency, and the Director of the National
Institute of Standards and Technology may consult with maritime
operators, other Federal agencies, industry stakeholders, and
cybersecurity experts to identify tools and resources for purposes
of this section.
SEC. 11225. ESTABLISHMENT OF UNMANNED SYSTEM PROGRAM AND AUTONOMOUS
CONTROL AND COMPUTER VISION TECHNOLOGY PROJECT.
(a) In General.--Section 319 of title 14, United States Code, is
amended to read as follows:
``Sec. 319. Unmanned system program and autonomous control and computer
vision technology project
``(a) Unmanned System Program.--Not later than 2 years after the
date of enactment of this section, the Secretary shall establish, under
the control of the Commandant, an unmanned system program for the use
by the Coast Guard of land-based, cutter-based, and aircraft-based
unmanned systems for the purpose of increasing effectiveness and
efficiency of mission execution.
``(b) Autonomous Control and Computer Vision Technology Project.--
``(1) In general.--The Commandant shall conduct a project to
retrofit 2 or more existing Coast Guard small boats deployed at
operational units with--
``(A) commercially available autonomous control and
computer vision technology; and
``(B) such sensors and methods of communication as are
necessary to control, and technology to assist in conducting,
search and rescue, surveillance, and interdiction missions.
``(2) Data collection.--As part of the project required under
paragraph (1), the Commandant shall collect and evaluate field-
collected operational data from the retrofit described in such
paragraph to inform future requirements.
``(3) Briefing.--Not later than 180 days after the date on
which the project required under paragraph (1) is completed, the
Commandant shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a briefing on
the project that includes an evaluation of the data collected from
the project.
``(c) Unmanned System Defined.--In this section, the term `unmanned
system' means--
``(1) an unmanned aircraft system (as such term is defined in
section 44801 of title 49);
``(2) an unmanned marine surface system; and
``(3) an unmanned marine subsurface system.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 14,
United States Code, is amended by striking the item relating to section
319 and inserting the following:
``319. Unmanned system program and autonomous control and computer
vision technology project.''.
(c) Submission to Congress.--Not later than 180 days after the date
of enactment of this Act, the Commandant shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a detailed description of the strategy of the Coast Guard to
implement unmanned systems across mission areas, including--
(1) the steps taken to implement actions recommended in the
consensus study report of the National Academies of Sciences,
Engineering, and Medicine titled ``Leveraging Unmanned Systems for
Coast Guard Missions: A Strategic Imperative'', published on
November 12, 2020;
(2) the strategic goals and acquisition strategies for proposed
uses and procurements of unmanned systems;
(3) a strategy to sustain competition and innovation for
procurement of unmanned systems and services for the Coast Guard,
including defining opportunities for new and existing technologies;
and
(4) an estimate of the timeline, costs, staff resources,
technology, or other resources necessary to accomplish the
strategy.
(d) Cost Assessment.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall provide to Congress an
estimate of the costs associated with implementing the amendments made
by this section.
SEC. 11226. ARTIFICIAL INTELLIGENCE STRATEGY.
(a) Coordination of Data and Artificial Intelligence Activities
Relating to Identifying, Demonstrating, and Where Appropriate
Transitioning to Operational Use.--
(1) In general.--The Commandant shall coordinate data and
artificial intelligence activities relating to identifying,
demonstrating and where appropriate transitioning to operational
use of artificial intelligence technologies when such technologies
enhance mission capability or performance.
(2) Emphasis.--The set of activities established under
paragraph (1) shall--
(A) apply data analytics, artificial intelligence, and
machine-learning solutions to operational and mission-support
problems; and
(B) coordinate activities involving artificial intelligence
and artificial intelligence-enabled capabilities within the
Coast Guard.
(b) Designated Official.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall designate a senior
official of the Coast Guard (referred to in this section as the
``designated official'') with the principal responsibility for the
coordination of data and artificial intelligence activities
relating to identifying, demonstrating, and, where appropriate,
transitioning to operational use artificial intelligence and
machine learning for the Coast Guard.
(2) Governance and oversight of artificial intelligence and
machine learning policy.--The designated official shall regularly
convene appropriate officials of the Coast Guard--
(A) to integrate the functional activities of the Coast
Guard with respect to data, artificial intelligence, and
machine learning;
(B) to ensure that there are efficient and effective data,
artificial intelligence, and machine-learning capabilities
throughout the Coast Guard, where appropriate; and
(C) to develop and continuously improve research,
innovation, policy, joint processes, and procedures to
facilitate the coordination of data and artificial intelligence
activities relating to identification, demonstration, and,
where appropriate, transition into operational use artificial
intelligence and machine learning throughout the Coast Guard.
(c) Strategic Plan.--
(1) In general.--The designated official shall develop a
strategic plan to coordinate activities relating to identifying,
demonstrating, and transitioning artificial intelligence
technologies into operational use where appropriate.
(2) Elements.--The plan required by paragraph (1) shall include
the following:
(A) A strategic roadmap for the coordination of data and
artificial intelligence activities for the identification,
demonstration, and transition to operational use, where
appropriate, artificial intelligence technologies and key
enabling capabilities.
(B) The continuous identification, evaluation, and
adaptation of relevant artificial intelligence capabilities
adopted by the Coast Guard and developed and adopted by other
organizations for military missions and business operations.
(C) Consideration of the identification, adoption, and
procurement of artificial intelligence technologies for use in
operational and mission support activities.
(3) Submission to commandant.--Not later than 2 years after the
date of enactment of this Act, the designated official shall submit
to the Commandant the plan developed under paragraph (1).
(4) Submission to congress.--Not later than 2 years after the
date of enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House
of Representatives the plan developed under paragraph (1).
SEC. 11227. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND
ESTABLISHMENT OF PERFORMANCE METRICS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Commandant shall--
(1) review the potential applications of artificial
intelligence and digital technology to the platforms, processes,
and operations of the Coast Guard;
(2) identify the resources necessary to improve the use of
artificial intelligence and digital technology in such platforms,
processes, and operations; and
(3) establish performance objectives and accompanying metrics
for the incorporation of artificial intelligence and digital
readiness into such platforms, processes, and operations.
(b) Performance Objectives and Accompanying Metrics.--
(1) Skill gaps.--In carrying out subsection (a), the Commandant
shall--
(A) conduct a comprehensive review and assessment of--
(i) skill gaps in the fields of software development,
software engineering, data science, and artificial
intelligence;
(ii) the qualifications of civilian personnel needed
for both management and specialist tracks in such fields;
and
(iii) the qualifications of military personnel (officer
and enlisted) needed for both management and specialist
tracks in such fields; and
(B) establish recruiting, training, and talent management
performance objectives and accompanying metrics for achieving
and maintaining staffing levels needed to fill identified gaps
and meet the needs of the Coast Guard for skilled personnel.
(2) AI modernization activities.--In carrying out subsection
(a), the Commandant shall--
(A) assess investment by the Coast Guard in artificial
intelligence innovation, science and technology, and research
and development;
(B) assess investment by the Coast Guard in test and
evaluation of artificial intelligence capabilities;
(C) assess the integration of, and the resources necessary
to better use artificial intelligence in wargames, exercises,
and experimentation;
(D) assess the application of, and the resources necessary
to better use, artificial intelligence in logistics and
sustainment systems;
(E) assess the integration of, and the resources necessary
to better use, artificial intelligence for administrative
functions;
(F) establish performance objectives and accompanying
metrics for artificial intelligence modernization activities of
the Coast Guard; and
(G) identify the resources necessary to effectively use
artificial intelligence to carry out the missions of the Coast
Guard.
(c) Report to Congress.--Not later than 180 days after the
completion of the review required under subsection (a)(1), the
Commandant shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate and
the Committee on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report on--
(1) the findings of the Commandant with respect to such review
and any action taken or proposed to be taken by the Commandant, and
the resources necessary to address such findings;
(2) the performance objectives and accompanying metrics
established under subsections (a)(3) and (b)(1)(B); and
(3) any recommendation with respect to proposals for
legislative change necessary to successfully implement artificial
intelligence applications within the Coast Guard.
SEC. 11228. CYBER DATA MANAGEMENT.
(a) In General.--The Commandant and the Director of the
Cybersecurity and Infrastructure Security Agency shall--
(1) develop policies, processes, and operating procedures
governing--
(A) access to and the ingestion, structure, storage, and
analysis of information and data relevant to the Coast Guard
Cyber Mission, including--
(i) intelligence data relevant to Coast Guard missions;
(ii) internet traffic, topology, and activity data
relevant to such missions; and
(iii) cyber threat information relevant to such
missions; and
(B) data management and analytic platforms relating to such
missions; and
(2) evaluate data management platforms referred to in paragraph
(1)(B) to ensure that such platforms operate consistently with the
Coast Guard Data Strategy.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Transportation
and Infrastructure and the Committee on Homeland Security of the House
of Representatives a report that includes--
(1) an assessment of the progress on the activities required by
subsection (a); and
(2) any recommendation with respect to funding or additional
authorities necessary, including proposals for legislative change,
to improve Coast Guard cyber data management.
SEC. 11229. DATA MANAGEMENT.
Section 504(a) of title 14, United States Code, is amended--
(1) in paragraph (24) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (25) by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(26) develop data workflows and processes for the leveraging
of mission-relevant data by the Coast Guard to enhance operational
effectiveness and efficiency.''.
SEC. 11230. STUDY ON CYBER THREATS TO UNITED STATES MARINE
TRANSPORTATION SYSTEM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
commence a study on cyber threats to the United States marine
transportation system.
(b) Elements.--The study required under paragraph (1) shall assess
the following:
(1) The extent to which the Coast Guard, in collaboration with
other Federal agencies, sets standards for the cybersecurity of
facilities and vessels regulated under part 104, 105, or 106 of
title 33, Code of Federal Regulations, as in effect on the date of
enactment of this Act.
(2) The manner in which the Coast Guard ensures cybersecurity
standards are followed by port, vessel, and facility owners and
operators.
(3) The extent to which maritime sector-specific planning
addresses cybersecurity, particularly for vessels and offshore
platforms.
(4) The manner in which the Coast Guard, other Federal
agencies, and vessel and offshore platform operators exchange
information regarding cyber risks.
(5) The extent to which the Coast Guard is developing and
deploying cybersecurity specialists in port and vessel systems and
collaborating with the private sector to increase the expertise of
the Coast Guard with respect to cybersecurity.
(6) The cyber resource and workforce needs of the Coast Guard
necessary to meet future mission demands.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
(d) Facility Defined.--In this section, the term ``facility'' has
the meaning given the term in section 70101 of title 46, United States
Code.
Subtitle E--Aviation
SEC. 11231. SPACE-AVAILABLE TRAVEL ON COAST GUARD AIRCRAFT: PROGRAM
AUTHORIZATION AND ELIGIBLE RECIPIENTS.
(a) In General.--Subchapter I of chapter 5 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 509. Space-available travel on Coast Guard aircraft
``(a) Establishment.--
``(1) In general.--The Commandant may establish a program to
provide transportation on Coast Guard aircraft on a space-available
basis to the categories of eligible individuals described in
subsection (c) (in this section referred to as the `program').
``(2) Policy development.--Not later than 1 year after the date
on which the program is established, the Commandant shall develop a
policy for the operation of the program.
``(b) Operation of Program.--
``(1) In general.--The Commandant shall operate the program in
a budget-neutral manner.
``(2) Limitations.--
``(A) In general.--Except as provided in subparagraph (B),
no additional funds may be used, or flight hours performed, for
the purpose of providing transportation under the program.
``(B) De minimis expenditures.--The Commandant may make de
minimis expenditures of resources required for the
administrative aspects of the program.
``(3) Reimbursement not required.--Eligible individuals
described in subsection (c) shall not be required to reimburse the
Coast Guard for travel provided under this section.
``(c) Categories of Eligible Individuals.--Subject to subsection
(d), the categories of eligible individuals described in this
subsection are the following:
``(1) Members of the armed forces on active duty.
``(2) Members of the Selected Reserve who hold a valid
Uniformed Services Identification and Privilege Card.
``(3) Retired members of a regular or reserve component of the
armed forces, including retired members of reserve components who,
but for being under the eligibility age applicable under section
12731 of title 10, would be eligible for retired pay under chapter
1223 of title 10.
``(4) Subject to subsection (f), veterans with a permanent
service-connected disability rated as total.
``(5) Such categories of dependents of individuals described in
paragraphs (1) through (3) as the Commandant shall specify in the
policy under subsection (a)(2), under such conditions and
circumstances as the Commandant shall specify in such policy.
``(6) Such other categories of individuals as the Commandant
considers appropriate.
``(d) Requirements.--In operating the program, the Commandant
shall--
``(1) in the sole discretion of the Commandant, establish an
order of priority for transportation for categories of eligible
individuals that is based on considerations of military necessity,
humanitarian concerns, and enhancement of morale;
``(2) give priority in consideration of transportation to the
demands of members of the armed forces in the regular components
and in the reserve components on active duty and to the need to
provide such members, and their dependents, a means of respite from
such demands; and
``(3) implement policies aimed at ensuring cost control (as
required under subsection (b)) and the safety, security, and
efficient processing of travelers, including limiting the benefit
under the program to 1 or more categories of otherwise eligible
individuals, as the Commandant considers necessary.
``(e) Transportation.--
``(1) In general.--Notwithstanding subsection (d)(1), in
establishing space-available transportation priorities under the
program, the Commandant shall provide transportation for an
individual described in paragraph (2), and a single dependent of
the individual if needed to accompany the individual, at a priority
level in the same category as the priority level for an
unaccompanied dependent over the age of 18 years traveling on
environmental and morale leave.
``(2) Individuals covered.--Subject to paragraph (3), paragraph
(1) applies with respect to an individual described in subsection
(c)(3) who--
``(A) resides in or is located in a Commonwealth or
possession of the United States; and
``(B) is referred by a military or civilian primary care
provider located in that Commonwealth or possession to a
specialty care provider for services to be provided outside of
such Commonwealth or possession.
``(3) Application to certain retired individuals.--If an
individual described in subsection (c)(3) is a retired member of a
reserve component who is ineligible for retired pay under chapter
1223 of title 10 by reason of being under the eligibility age
applicable under section 12731 of title 10, paragraph (1) applies
to the individual only if the individual is also enrolled in the
TRICARE program for certain members of the Retired Reserve
authorized under section 1076e of title 10.
``(4) Priority.--The priority for space-available
transportation required by this subsection applies with respect
to--
``(A) the travel from the Commonwealth or possession of the
United States to receive the specialty care services; and
``(B) the return travel.
``(5) Primary care provider and specialty care provider
defined.--In this subsection, the terms `primary care provider' and
`specialty care provider' refer to a medical or dental professional
who provides health care services under chapter 55 of title 10.
``(f) Limitations on Travel.--
``(1) In general.--Travel may not be provided under this
section to a veteran eligible for travel pursuant to paragraph (4)
of subsection (c) in priority over any member eligible for travel
under paragraph (1) of that subsection or any dependent of such a
member eligible for travel under this section.
``(2) Rule of construction.--Subsection (c)(4) may not be
construed as--
``(A) affecting or in any way imposing on the Coast Guard,
any armed force, or any commercial entity with which the Coast
Guard or an armed force contracts, an obligation or expectation
that the Coast Guard or such armed force will retrofit or
alter, in any way, military aircraft or commercial aircraft, or
related equipment or facilities, used or leased by the Coast
Guard or such armed force to accommodate passengers provided
travel under such authority on account of disability; or
``(B) preempting the authority of an aircraft commander to
determine who boards the aircraft and any other matters in
connection with safe operation of the aircraft.
``(g) Application of Section.--The authority to provide
transportation under the program is in addition to any other authority
under law to provide transportation on Coast Guard aircraft on a space-
available basis.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, is amended by inserting after the item relating to
section 508 the following:
``509. Space-available travel on Coast Guard aircraft.''.
SEC. 11232. REPORT ON COAST GUARD AIR STATION BARBERS POINT HANGAR.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives a report on facilities requirements for constructing a
hangar at Coast Guard Air Station Barbers Point at Oahu, Hawaii.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the--
(A) $45,000,000 phase one design for the hangar at Coast
Guard Air Station Barbers Point funded by the Consolidated
Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 1132);
and
(B) phase two facility improvements referenced in the U.S.
Coast Guard Unfunded Priority List for fiscal year 2023.
(2) An evaluation of the full facilities requirements for such
hangar and maintenance facility improvements to house, maintain,
and operate the MH-65 and HC-130J, including--
(A) storage and provision of fuel; and
(B) maintenance and parts storage facilities.
(3) An evaluation of facilities growth requirements for
possible future basing of the MH-60 with the C-130J at Coast Guard
Air Station Barbers Point.
(4) A description of and cost estimate for each project phase
for the construction of such hangar and maintenance facility
improvements.
(5) A description of the plan for sheltering in the hangar
during extreme weather events aircraft of the Coast Guard and
partner agencies, such as the National Oceanic and Atmospheric
Administration.
(6) A description of the risks posed to operations at Coast
Guard Air Station Barbers Point if future project phases for the
construction of such hangar are not funded.
SEC. 11233. STUDY ON OPERATIONAL AVAILABILITY OF COAST GUARD AIRCRAFT
AND STRATEGY FOR COAST GUARD AVIATION.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall commence a study on the operational availability of Coast
Guard aircraft.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) An assessment of--
(i) the extent to which the fixed-wing and rotary-wing
aircraft of the Coast Guard have met annual operational
availability targets in recent years;
(ii) the challenges the Coast Guard may face with
respect to such aircraft meeting operational availability
targets, and the effects of such challenges on the ability
of the Coast Guard to meet mission requirements; and
(iii) the status of Coast Guard efforts to upgrade or
recapitalize its fleet of such aircraft to meet growth in
future mission demands globally, such as in the Western
Hemisphere, the Arctic region, and the Western Pacific
region.
(B) Any recommendation with respect to the operational
availability of Coast Guard aircraft.
(C) The resource and workforce requirements necessary for
Coast Guard Aviation to meet current and future mission demands
specific to each rotary-wing and fixed-wing airframe type in
the current inventory of the Coast Guard.
(3) Report.--On completion of the study required under
paragraph (1), the Comptroller General shall submit to the
Commandant a report on the findings of the study.
(b) Coast Guard Aviation Strategy.--
(1) In general.--Not later than 180 days after the date on
which the study under subsection (a) is completed, the Commandant
shall develop a comprehensive strategy for Coast Guard Aviation
that is informed by the relevant recommendations and findings of
the study.
(2) Elements.--The strategy required under paragraph (1) shall
include the following:
(A) With respect to aircraft of the Coast Guard--
(i) an analysis of--
(I) the current and future operations and future
resource needs, including the potential need for a
second rotary wing airframe to carry out cutter-based
operations and National Capital Region air interdiction
mission; and
(II) the manner in which such future needs are
integrated with the Future Vertical Lift initiatives of
the Department of Defense; and
(ii) an estimated timeline with respect to when such
future needs will arise.
(B) The projected number of aviation assets, the locations
at which such assets are to be stationed, the cost of operation
and maintenance of such assets, and an assessment of the
capabilities of such assets as compared to the missions they
are expected to execute, at the completion of major procurement
and modernization plans.
(C) A procurement plan, including an estimated timetable
and the estimated appropriations necessary for all platforms,
including unmanned aircraft.
(D) A training plan for pilots and aircrew that addresses--
(i) the use of simulators owned and operated by the
Coast Guard, and simulators that are not owned or operated
by the Coast Guard, including any such simulators based
outside the United States; and
(ii) the costs associated with attending training
courses.
(E) Current and future requirements for cutter and land-
based deployment of aviation assets globally, including in the
Arctic, the Eastern Pacific, the Western Pacific, the
Caribbean, the Atlantic Basin, and any other area the
Commandant considers appropriate.
(F) A description of the feasibility of deploying, and the
resource requirements necessary to deploy, rotary-winged assets
onboard all future Arctic cutter patrols.
(G) An evaluation of current and future facilities needs
for Coast Guard aviation units.
(H) An evaluation of pilot and aircrew training and
retention needs, including aviation career incentive pay,
retention bonuses, and any other workforce tools the Commandant
considers necessary.
(3) Briefing.--Not later than 180 days after the date on which
the strategy required under paragraph (1) is completed, the
Commandant shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a briefing on
the strategy.
Subtitle F--Workforce Readiness
SEC. 11234. AUTHORIZED STRENGTH.
Section 3702 of title 14, United States Code, is amended by adding
at the end the following:
``(c) The Secretary may vary the authorized end strength of the
Coast Guard Selected Reserves for a fiscal year by a number equal to
not more than 3 percent of such end strength upon a determination by
the Secretary that varying such authorized end strength is in the
national interest.
``(d) The Commandant may increase the authorized end strength of
the Coast Guard Selected Reserves by a number equal to not more than 2
percent of such authorized end strength upon a determination by the
Commandant that such increase would enhance manning and readiness in
essential units or in critical specialties or ratings.''.
SEC. 11235. CONTINUATION OF OFFICERS WITH CERTAIN CRITICAL SKILLS ON
ACTIVE DUTY.
(a) In General.--Chapter 21 of title 14, United States Code, is
amended by inserting after section 2165 the following:
``Sec. 2166. Continuation on active duty; Coast Guard officers with
certain critical skills
``(a) In General.--The Commandant may authorize an officer in a
grade above grade O-2 to remain on active duty after the date otherwise
provided for the retirement of such officer in section 2154 of this
title, if the officer possesses a critical skill, or specialty, or is
in a career field designated pursuant to subsection (b).
``(b) Critical Skills, Specialty, or Career Field.--The Commandant
shall designate any critical skill, specialty, or career field eligible
for continuation on active duty as provided in subsection (a).
``(c) Duration of Continuation.--An officer continued on active
duty pursuant to this section shall, if not earlier retired, be retired
on the first day of the month after the month in which the officer
completes 40 years of active service.
``(d) Policy.--The Commandant shall carry out this section by
prescribing policy which shall specify the criteria to be used in
designating any critical skill, specialty, or career field for purposes
of subsection (b).''.
(b) Clerical Amendment.--The analysis for chapter 21 of title 14,
United States Code, is amended by inserting after the item relating to
section 2165 the following:
``2166. Continuation on active duty; Coast Guard officers with certain
critical skills.''.
SEC. 11236. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE DUTY
PROMOTION LIST.
(a) Maximum Number of Officers.--Section 2103(a) of title 14,
United States Code, is amended to read as follows:
``(a) Maximum Total Number.--
``(1) In general.--The total number of Coast Guard commissioned
officers on the active duty promotion list, excluding warrant
officers, shall not exceed--
``(A) 7,100 in fiscal year 2022;
``(B) 7,200 in fiscal year 2023;
``(C) 7,300 in fiscal year 2024; and
``(D) 7,400 in fiscal year 2025 and each subsequent fiscal
year.
``(2) Temporary increase.--Notwithstanding paragraph (1), the
Commandant may temporarily increase the total number of
commissioned officers permitted under such paragraph by up to 4
percent for not more than 60 days after the date of the
commissioning of a Coast Guard Academy class.
``(3) Notification.--Not later than 30 days after exceeding the
total number of commissioned officers permitted under paragraphs
(1) and (2), and each 30 days thereafter until the total number of
commissioned officers no longer exceeds the number of such officers
permitted under paragraphs (1) and (2), the Commandant shall notify
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of the number of officers on the
active duty promotion list on the last day of the preceding 30-day
period.''.
(b) Officers Not on Active Duty Promotion List.--
(1) In general.--Chapter 51 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 5113. Officers not on active duty promotion list
``Not later than 60 days after the date on which the President
submits to Congress a budget pursuant to section 1105 of title 31, the
Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the number of Coast
Guard officers serving at other Federal entities on a reimbursable
basis, and the number of Coast Guard officers who are serving at other
Federal agencies on a non-reimbursable basis, but not on the active
duty promotion list.''.
(2) Clerical amendment.--The analysis for chapter 51 of title
14, United States Code, is amended by adding at the end the
following:
``5113. Officers not on active duty promotion list.''.
SEC. 11237. CAREER INCENTIVE PAY FOR MARINE INSPECTORS.
(a) Authority To Provide Assignment Pay or Special Duty Pay.--The
Secretary may provide assignment pay or special duty pay under section
352 of title 37, United States Code, to a member of the Coast Guard
serving in a prevention position and assigned as a marine inspector or
marine investigator pursuant to section 312 of title 14, United States
Code.
(b) Annual Briefing.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary shall
provide to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a briefing on any
uses of the authority under subsection (a) during the preceding
year.
(2) Elements.--Each briefing required under paragraph (1) shall
include the following:
(A) The number of members of the Coast Guard serving as
marine inspectors or marine investigators pursuant to section
312 of title 14, United States Code, who are receiving
assignment pay or special duty pay under section 352 of title
37, United States Code.
(B) An assessment of the impact of the use of the authority
under this section on the effectiveness and efficiency of the
Coast Guard in administering the laws and regulations for the
promotion of safety of life and property on and under the high
seas and waters subject to the jurisdiction of the United
States.
(C) An assessment of the effects of assignment pay and
special duty pay on retention of marine inspectors and
investigators.
(D) If the authority provided in subsection (a) is not
exercised, a detailed justification for not exercising such
authority, including an explanation of the efforts the
Secretary is taking to ensure that the Coast Guard workforce
contains an adequate number of qualified marine inspectors.
(c) Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in coordination with the
Director of the National Institute for Occupational Safety and
Health, shall conduct a study on the health of marine inspectors
and marine investigators who have served as such inspectors or
investigators for a period of not less than 10 years.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) An evaluation of--
(i) the daily vessel inspection duties of marine
inspectors and marine investigators, including the
examination of internal cargo tanks and voids and new
construction activities;
(ii) major incidents to which marine inspectors and
marine investigators have had to respond, and any other
significant incident, such as a vessel casualty, that has
resulted in the exposure of marine inspectors and marine
investigators to hazardous chemicals or substances; and
(iii) the types of hazardous chemicals or substances to
which marine inspectors and marine investigators have been
exposed relative to the effects such chemicals or
substances have had on marine inspectors and marine
investigators.
(B) A review and analysis of the current Coast Guard health
and safety monitoring systems, and recommendations for
improving such systems, specifically with respect to the
exposure of members of the Coast Guard to hazardous substances
while carrying out inspections and investigation duties.
(C) Any other element the Secretary considers appropriate.
(3) Report.--Upon completion of the study required under
paragraph (1), the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study and
recommendations for actions the Commandant should take to improve
the health and exposure of marine inspectors and marine
investigators.
(d) Termination.--The authority provided by subsection (a) shall
terminate on December 31, 2028.
SEC. 11238. EXPANSION OF ABILITY FOR SELECTION BOARD TO RECOMMEND
OFFICERS OF PARTICULAR MERIT FOR PROMOTION.
Section 2116(c)(1) of title 14, United States Code, is amended, in
the second sentence, by inserting ``three times'' after ``may not
exceed''.
SEC. 11239. MODIFICATION TO EDUCATION LOAN REPAYMENT PROGRAM.
(a) In General.--Section 2772 of title 14, United States Code, is
amended to read as follows:
``Sec. 2772. Education loan repayment program for members on active
duty in specified military specialties
``(a) In General.--
``(1) Repayment.--Subject to the provisions of this section,
the Secretary may repay--
``(A) any loan made, insured, or guaranteed under part
B of title IV of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq.);
``(B) any loan made under part D of such title (the
William D. Ford Federal Direct Loan Program, 20 U.S.C.
1087a et seq.);
``(C) any loan made under part E of such title (20
U.S.C. 1087aa et seq.); or
``(D) any loan incurred for educational purposes made
by a lender that is--
``(i) an agency or instrumentality of a State;
``(ii) a financial or credit institution (including
an insurance company) that is subject to examination
and supervision by an agency of the United States or
any State;
``(iii) a pension fund approved by the Secretary
for purposes of this section; or
``(iv) a nonprofit private entity designated by a
State, regulated by such State, and approved by the
Secretary for purposes of this section.
``(2) Requirement.--Repayment of any such loan shall be made on
the basis of each complete year of service performed by the
borrower.
``(3) Eligibility.--The Secretary may repay loans described in
paragraph (1) in the case of any person for service performed on
active duty as a member in an officer program or military specialty
specified by the Secretary.
``(b) Amount.--The portion or amount of a loan that may be repaid
under subsection (a) is 33\1/3\ percent or $1,500, whichever is
greater, for each year of service.
``(c) Interest Accrual.--If a portion of a loan is repaid under
this section for any year, interest on the remainder of such loan shall
accrue and be paid in the same manner as is otherwise required.
``(d) Rule of Construction.--Nothing in this section shall be
construed to authorize refunding any repayment of a loan.
``(e) Fractional Credit for Transfer.--An individual who transfers
from service making the individual eligible for repayment of loans
under this section (as described in subsection (a)(3)) to service
making the individual eligible for repayment of loans under section
16301 of title 10 (as described in subsection (a)(2) or (g) of that
section) during a year shall be eligible to have repaid a portion of
such loan determined by giving appropriate fractional credit for each
portion of the year so served, in accordance with regulations of the
Secretary concerned.
``(f) Schedule for Allocation.--The Secretary shall prescribe a
schedule for the allocation of funds made available to carry out the
provisions of this section and section 16301 of title 10 during any
year for which funds are not sufficient to pay the sum of the amounts
eligible for repayment under subsection (a) and section 16301(a) of
title 10.
``(g) Failure to Complete Period of Service.--Except an individual
described in subsection (e) who transfers to service making the
individual eligible for repayment of loans under section 16301 of title
10, a member of the Coast Guard who fails to complete the period of
service required to qualify for loan repayment under this section shall
be subject to the repayment provisions of section 303a(e) or 373 of
title 37.
``(h) Authority to Issue Regulations.--The Secretary may prescribe
procedures for implementing this section, including standards for
qualified loans and authorized payees and other terms and conditions
for making loan repayments. Such regulations may include exceptions
that would allow for the payment as a lump sum of any loan repayment
due to a member under a written agreement that existed at the time of a
member's death or disability.''.
(b) Clerical Amendment.--The analysis for chapter 27 of title 14,
United States Code, is amended by striking the item relating to section
2772 and inserting the following:
``2772. Education loan repayment program for members on active duty in
specified military specialties.''.
SEC. 11240. RETIREMENT OF VICE COMMANDANT.
Section 303 of title 14, United States Code, is amended--
(1) by amending subsection (a)(2) to read as follows:
``(2) A Vice Commandant who is retired while serving as Vice
Commandant, after serving not less than 2 years as Vice Commandant,
shall be retired with the grade of admiral, except as provided in
section 306(d).''; and
(2) in subsection (c) by striking ``or Vice Commandant'' and
inserting ``or as an officer serving as Vice Commandant who has
served less than 2 years as Vice Commandant''.
SEC. 11241. REPORT ON RESIGNATION AND RETIREMENT PROCESSING TIMES AND
DENIAL.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, and annually thereafter, the Commandant shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report that evaluates resignation and retirement
processing timelines.
(b) Elements.--The report required under subsection (a) shall
include, for the preceding calendar year--
(1) statistics on the number of resignations, retirements, and
other separations that occurred;
(2) the processing time for each action described in paragraph
(1);
(3) the percentage of requests for such actions that had a
command endorsement;
(4) the percentage of requests for such actions that did not
have a command endorsement; and
(5) for each denial of a request for a command endorsement and
each failure to take action on such a request, a detailed
description of the rationale for such denial or failure to take
such action.
SEC. 11242. CALCULATION OF ACTIVE SERVICE.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2515. Calculation of active service
``Any service described, including service described prior to the
date of enactment of the Don Young Coast Guard Authorization Act of
2022, in writing, including by electronic communication, by a
representative of the Coast Guard Personnel Service Center as service
that counts toward total active service for regular retirement under
section 2152 or section 2306 shall be considered by the President as
active service for purposes of applying section 2152 or section 2306
with respect to the determination of the retirement qualification for
any officer or enlisted member to whom a description was provided.''.
(b) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, is amended by inserting after the item relating to
section 2515 the following:
``2515. Calculation of active service.''.
(c) Rule of Construction.--The amendment made by subsection (a)--
(1) shall only apply to officers of the Coast Guard that
entered active service after January 1, 1997, temporarily separated
for a period of time, and have retired from the Coast Guard before
January 1, 2024; and
(2) shall not apply to any member of any other uniformed
service, or to any Coast Guard member regarding active service of
the member in any other uniformed service.
SEC. 11243. PHYSICAL DISABILITY EVALUATION SYSTEM PROCEDURE REVIEW.
(a) Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States
shall complete a study on the Coast Guard Physical Disability
Evaluation System and medical retirement procedures.
(2) Elements.--In completing the study required under paragraph
(1), the Comptroller General shall review, and provide
recommendations to address, the following:
(A) Coast Guard compliance with all applicable laws,
regulations, and policies relating to the Physical Disability
Evaluation System and the Medical Evaluation Board.
(B) Coast Guard compliance with timelines set forth in--
(i) the instruction of the Commandant entitled
``Physical Disability Evaluation System'' issued on May 19,
2006 (COMDTNST M1850.2D); and
(ii) the Physical Disability Evaluation System
Transparency Initiative (ALCGPSC 030/20).
(C) An evaluation of Coast Guard processes in place to
ensure the availability, consistency, and effectiveness of
counsel appointed by the Coast Guard Office of the Judge
Advocate General to represent members of the Coast Guard
undergoing an evaluation under the Physical Disability
Evaluation System.
(D) The extent to which the Coast Guard has and uses
processes to ensure that such counsel may perform the functions
of such counsel in a manner that is impartial, including being
able to perform such functions without undue pressure or
interference by the command of the affected member of the Coast
Guard, the Personnel Service Center, and the Coast Guard Office
of the Judge Advocate General.
(E) The frequency, including the frequency aggregated by
member pay grade, with which members of the Coast Guard seek
private counsel in lieu of counsel appointed by the Coast Guard
Office of the Judge Advocate General.
(F) The timeliness of determinations, guidance, and access
to medical evaluations necessary for retirement or rating
determinations and overall well-being of the affected member of
the Coast Guard.
(G) The guidance, formal or otherwise, provided by the
Personnel Service Center and the Coast Guard Office of the
Judge Advocate General, other than the counsel directly
representing affected members of the Coast Guard, in
communication with medical personnel examining members.
(H) The guidance, formal or otherwise, provided by the
medical professionals reviewing cases within the Physical
Disability Evaluation System to affected members of the Coast
Guard, and the extent to which such guidance is disclosed to
the commanders, commanding officers, or other members of the
Coast Guard in the chain of command of such affected members.
(I) The feasibility of establishing a program to allow
members of the Coast Guard to select an expedited review to
ensure completion of the Medical Evaluation Board report not
later than 180 days after the date on which such review was
initiated.
(b) Report.--The Comptroller General shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study conducted under
subsection (a) and recommendations for improving the Physical
Disability Evaluation System process.
(c) Updated Policy Guidance.--
(1) In general.--Not later than 180 days after the date on
which the report under subsection (b) is submitted, the Commandant
shall issue updated policy guidance in response to the findings and
recommendations contained in the report.
(2) Elements.--The updated policy guidance required under
paragraph (1) shall include the following:
(A) A requirement that a member of the Coast Guard, or the
counsel of such a member, shall be informed of the contents of,
and afforded the option to be present for, any communication
between the member's command and the Personnel Service Center,
or other Coast Guard entity, with respect to the duty status of
the member.
(B) An exception to the requirement described in
subparagraph (A) that such a member, or the counsel of the
member, is not required to be informed of the contents of such
a communication if it is demonstrated that there is a
legitimate health or safety need for the member to be excluded
from such communications, supported by a medical opinion that
such exclusion is necessary for the health or safety of the
member, command, or any other individual.
(C) An option to allow a member of the Coast Guard to
initiate an evaluation by a Medical Evaluation Board if a Coast
Guard healthcare provider, or other military healthcare
provider, has raised a concern about the ability of the member
to continue serving in the Coast Guard, in accordance with
existing medical and physical disability policy.
(D) An updated policy to remove the command endorsement
requirement for retirement or separation unless absolutely
necessary for the benefit of the United States.
SEC. 11244. EXPANSION OF AUTHORITY FOR MULTIRATER ASSESSMENTS OF
CERTAIN PERSONNEL.
(a) In General.--Section 2182(a) of title 14, United States Code,
is amended by striking paragraph (2) and inserting the following:
``(2) Officers.--Each officer of the Coast Guard shall undergo
a multirater assessment before promotion to--
``(A) the grade of O-4;
``(B) the grade of O-5; and
``(C) the grade of O-6.
``(3) Enlisted members.--Each enlisted member of the Coast
Guard shall undergo a multirater assessment before advancement to--
``(A) the grade of E-7;
``(B) the grade of E-8;
``(C) the grade of E-9; and
``(D) the grade of E-10.
``(4) Selection.--An individual assessed shall not be permitted
to select the peers and subordinates who provide opinions for the
multirater assessment of such individual.
``(5) Post-assessment elements.--
``(A) In general.--Following an assessment of an individual
pursuant to paragraphs (1) through (3), the individual shall be
provided appropriate post-assessment counseling and leadership
coaching.
``(B) Availability of results.--The supervisor of the
individual assessed shall be provided with the results of the
multirater assessment.''.
(b) Cost Assessment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall provide to the
appropriate committees of Congress an estimate of the costs
associated with implementing the amendment made by subsection (a).
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Appropriations of the House of
Representatives.
SEC. 11245. PROMOTION PARITY.
(a) Information To Be Furnished.--Section 2115(a) of title 14,
United States Code, is amended--
(1) in paragraph (1) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) in the case of an eligible officer considered for
promotion to a rank above lieutenant, any credible information of
an adverse nature, including any substantiated adverse finding or
conclusion from an officially documented investigation or inquiry
and any information placed in the personnel service record of the
officer under section 1745(a) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 1561 note),
shall be furnished to the selection board in accordance with
standards and procedures set out in the regulations prescribed by
the Secretary.''.
(b) Special Selection Review Boards.--
(1) In general.--Subchapter I of chapter 21 of title 14, United
States Code, is amended by inserting after section 2120 the
following:
``Sec. 2120a. Special selection review boards
``(a) In General.--(1) If the Secretary determines that a person
recommended by a promotion board for promotion to a grade at or below
the grade of rear admiral is the subject of credible information of an
adverse nature, including any substantiated adverse finding or
conclusion described in section 2115(a)(3) of this title that was not
furnished to the promotion board during its consideration of the person
for promotion as otherwise required by such section, the Secretary
shall convene a special selection review board under this section to
review the person and recommend whether the recommendation for
promotion of the person should be sustained.
``(2) If a person and the recommendation for promotion of the
person is subject to review under this section by a special selection
review board convened under this section, the name of the person--
``(A) shall not be disseminated or publicly released on the
list of officers recommended for promotion by the promotion board
recommending the promotion of the person; and
``(B) shall not be forwarded to the President or the Senate, as
applicable, or included on a promotion list under section 2121 of
this title.
``(b) Convening.--(1) Any special selection review board convened
under this section shall be convened in accordance with the provisions
of section 2120(c) of this title.
``(2) Any special selection review board convened under this
section may review such number of persons, and recommendations for
promotion of such persons, as the Secretary shall specify in convening
such special selection review board.
``(c) Information Considered.--(1) In reviewing a person and
recommending whether the recommendation for promotion of the person
should be sustained under this section, a special selection review
board convened under this section shall be furnished and consider the
following:
``(A) The record and information concerning the person
furnished in accordance with section 2115 of this title to the
promotion board that recommended the person for promotion.
``(B) Any credible information of an adverse nature on the
person, including any substantiated adverse finding or conclusion
from an officially documented investigation or inquiry described in
section 2115(a)(3) of this title.
``(2) The furnishing of information to a special selection review
board under paragraph (1)(B) shall be governed by the standards and
procedures referred to in section 2115 of this title.
``(3)(A) Before information on a person described in paragraph
(1)(B) is furnished to a special selection review board for purposes of
this section, the Secretary shall ensure that--
``(i) such information is made available to the person; and
``(ii) subject to subparagraphs (C) and (D), the person is
afforded a reasonable opportunity to submit comments on such
information to the special selection review board before its review
of the person and the recommendation for promotion of the person
under this section.
``(B) If information on a person described in paragraph (1)(B) is
not made available to the person as otherwise required by subparagraph
(A)(i) due to the classification status of such information, the person
shall, to the maximum extent practicable, be furnished a summary of
such information appropriate to the person's authorization for access
to classified information.
``(C)(i) An opportunity to submit comments on information is not
required for a person under subparagraph (A)(ii) if--
``(I) such information was made available to the person in
connection with the furnishing of such information under section
2115(a) of this title to the promotion board that recommended the
promotion of the person subject to review under this section; and
``(II) the person submitted comments on such information to
that promotion board.
``(ii) The comments on information of a person described in clause
(i)(II) shall be furnished to the special selection review board.
``(D) A person may waive either or both of the following:
``(i) The right to submit comments to a special selection
review board under subparagraph (A)(ii).
``(ii) The furnishing of comments to a special selection review
board under subparagraph (C)(ii).
``(d) Consideration.--(1) In considering the record and information
on a person under this section, the special selection review board
shall compare such record and information with an appropriate sampling
of the records of those officers who were recommended for promotion by
the promotion board that recommended the person for promotion, and an
appropriate sampling of the records of those officers who were
considered by and not recommended for promotion by that promotion
board.
``(2) Records and information shall be presented to a special
selection review board for purposes of paragraph (1) in a manner that
does not indicate or disclose the person or persons for whom the
special selection review board was convened.
``(3) In considering whether the recommendation for promotion of a
person should be sustained under this section, a special selection
review board shall, to the greatest extent practicable, apply standards
used by the promotion board that recommended the person for promotion.
``(4) The recommendation for promotion of a person may be sustained
under this section only if the special selection review board
determines that the person--
``(A) ranks on an order of merit created by the special
selection review board as better qualified for promotion than the
sample officer highest on the order of merit list who was
considered by and not recommended for promotion by the promotion
board concerned; and
``(B) is comparable in qualification for promotion to those
sample officers who were recommended for promotion by that
promotion board.
``(5) A recommendation for promotion of a person may be sustained
under this section only by a vote of a majority of the members of the
special selection review board.
``(6) If a special selection review board does not sustain a
recommendation for promotion of a person under this section, the person
shall be considered to have failed of selection for promotion.
``(e) Reports.--(1) Each special selection review board convened
under this section shall submit to the Secretary a written report,
signed by each member of the board, containing the name of each person
whose recommendation for promotion it recommends for sustainment and
certifying that the board has carefully considered the record and
information of each person whose name was referred to it.
``(2) The provisions of sections 2117(a) of this title apply to the
report and proceedings of a special selection review board convened
under this section in the same manner as they apply to the report and
proceedings of a promotion board convened under section 2106 of this
title.
``(f) Appointment of Persons.--(1) If the report of a special
selection review board convened under this section recommends the
sustainment of the recommendation for promotion to the next higher
grade of a person whose name was referred to it for review under this
section, and the President approves the report, the person shall, as
soon as practicable, be appointed to that grade in accordance with
section 2121 of this title.
``(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have the same
date of rank, the same effective date for the pay and allowances of
that grade, and the same position on the active-duty list as the person
would have had pursuant to the original recommendation for promotion of
the promotion board concerned.
``(g) Regulations.--The Secretary shall prescribe regulations to
carry out this section.
``(h) Promotion Board Defined.--In this section, the term
`promotion board' means a selection board convened by the Secretary
under section 2106 of this title.''.
(2) Clerical amendment.--The analysis for chapter 21 of title
14, United States Code, is amended by inserting after the item
relating to section 2120 the following:
``2120a. Special selection review boards.''.
(c) Availability of Information.--Section 2118 of title 14, United
States Code, is amended by adding at the end the following:
``(e) If the Secretary makes a recommendation under this section
that the name of an officer be removed from a report of a selection
board and the recommendation is accompanied by information that was not
presented to that selection board, that information shall be made
available to that officer. The officer shall then be afforded a
reasonable opportunity to submit comments on that information to the
officials making the recommendation and the officials reviewing the
recommendation. If an eligible officer cannot be given access to such
information because of its classification status, the officer shall, to
the maximum extent practicable, be provided with an appropriate summary
of the information.''.
(d) Delay of Promotion.--Section 2121(f) of title 14, United States
Code, is amended to read as follows:
``(f)(1) The promotion of an officer may be delayed without
prejudice if any of the following applies:
``(A) The officer is under investigation or proceedings of a
court-martial or a board of officers are pending against the
officer.
``(B) A criminal proceeding in a Federal or State court is
pending against the officer.
``(C) The Secretary determines that credible information of an
adverse nature, including a substantiated adverse finding or
conclusion described in section 2115(a)(3), with respect to the
officer will result in the convening of a special selection review
board under section 2120a of this title to review the officer and
recommend whether the recommendation for promotion of the officer
should be sustained.
``(2)(A) Subject to subparagraph (B), a promotion may be delayed
under this subsection until, as applicable--
``(i) the completion of the investigation or proceedings
described in subparagraph (A);
``(ii) a final decision in the proceeding described in
subparagraph (B) is issued; or
``(iii) the special selection review board convened under
section 2120a of this title issues recommendations with respect to
the officer.
``(B) Unless the Secretary determines that a further delay is
necessary in the public interest, a promotion may not be delayed
under this subsection for more than one year after the date the
officer would otherwise have been promoted.
``(3) An officer whose promotion is delayed under this subsection
and who is subsequently promoted shall be given the date of rank and
position on the active duty promotion list in the grade to which
promoted that he would have held had his promotion not been so
delayed.''.
SEC. 11246. PARTNERSHIP PROGRAM TO DIVERSIFY COAST GUARD.
(a) Establishment.--The Commandant shall establish a program for
the purpose of increasing the number of individuals in the enlisted
ranks of the Coast Guard who are--
(1) underrepresented minorities; or
(2) from rural areas.
(b) Partnerships.--In carrying out the program established under
subsection (a), the Commandant shall--
(1) seek to enter into 1 or more partnerships with eligible
institutions--
(A) to increase the visibility of Coast Guard careers;
(B) to promote curriculum development--
(i) to enable acceptance into the Coast Guard; and
(ii) to improve success on relevant exams, such as the
Armed Services Vocational Aptitude Battery; and
(C) to provide mentoring for students entering and
beginning Coast Guard careers; and
(2) enter into a partnership with an existing Junior Reserve
Officers' Training Corps for the purpose of promoting Coast Guard
careers.
(c) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible institution''
means an institution--
(A) that is--
(i) an institution of higher education (as such term is
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)); or
(ii) a junior or community college (as such term is
defined in section 312 of the Higher Education Act of 1965
(20 U.S.C. 1058); and
(B) that is--
(i) a part B institution (as such term is defined in
section 322 of the Higher Education Act of 1965 (20 U.S.C.
1061));
(ii) a Tribal College or University (as such term is
defined in section 316(b) of such Act (20 U.S.C.
1059c(b)));
(iii) a Hispanic-serving institution (as such term is
defined in section 502 of such Act (20 U.S.C. 1101a));
(iv) an Alaska Native-serving institution or a Native
Hawaiian-serving institution (as such term is defined in
section 317(b) of such Act (20 U.S.C. 1059d(b)));
(v) a Predominantly Black institution (as such term is
defined in section 371(c) of that Act (20 U.S.C.
1067q(c)));
(vi) an Asian American and Native American Pacific
Islander-serving institution (as defined in section 320(b)
of such Act (20 U.S.C. 1059g(b))); or
(vii) a Native American-serving nontribal institution
(as defined in section 319(b) of such Act (20 U.S.C.
1059f(b)).
(2) Rural area.--The term ``rural area'' means an area that is
outside of an urbanized area, as determined by the Bureau of the
Census.
SEC. 11247. EXPANSION OF COAST GUARD JUNIOR RESERVE OFFICERS' TRAINING
CORPS.
(a) In General.--Section 320 of title 14, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d);
(2) in subsection (b) by striking ``subsection (c)'' and
inserting ``subsection (d)''; and
(3) by inserting after subsection (b) the following:
``(c) Scope.--Beginning on December 31, 2025, the Secretary of the
department in which the Coast Guard is operating shall maintain at all
times a Junior Reserve Officers' Training Corps program with not fewer
than 1 such program established in each Coast Guard district.''.
(b) Cost Assessment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall provide to Congress an
estimate of the costs associated with implementing the amendments made
by this section.
SEC. 11248. IMPROVING REPRESENTATION OF WOMEN AND RACIAL AND ETHNIC
MINORITIES AMONG COAST GUARD ACTIVE-DUTY MEMBERS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, in consultation with the Advisory Board on Women
at the Coast Guard Academy established under section 1904 of title 14,
United States Code, and the minority outreach team program established
by section 1905 of such title, the Commandant shall--
(1) determine which recommendations in the RAND representation
report may practicably be implemented to promote improved
representation in the Coast Guard of--
(A) women; and
(B) racial and ethnic minorities; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the
actions the Commandant has taken, or plans to take, to implement
such recommendations.
(b) Curriculum and Training.--In the case of any action the
Commandant plans to take to implement recommendations described in
subsection (a)(1) that relate to modification or development of
curriculum and training, such modified curriculum and trainings shall
be provided at--
(1) officer accession points, including the Coast Guard Academy
and the Leadership Development Center;
(2) enlisted member accession at the United States Coast Guard
Training Center Cape May in Cape May, New Jersey; and
(3) the officer, enlisted member, and civilian leadership
courses managed by the Leadership Development Center.
(c) Definition of RAND Representation Report.--In this section, the
term ``RAND representation report'' means the report of the Homeland
Security Operational Analysis Center of the RAND Corporation entitled
``Improving the Representation of Women and Racial/Ethnic Minorities
Among U.S. Coast Guard Active-Duty Members'', issued on August 11,
2021.
SEC. 11249. STRATEGY TO ENHANCE DIVERSITY THROUGH RECRUITMENT AND
ACCESSION.
(a) In General.--The Commandant shall develop a 10-year strategy to
enhance Coast Guard diversity through recruitment and accession--
(1) at educational institutions at the high school and higher
education levels; and
(2) for the officer and enlisted ranks.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the strategy developed under subsection
(a).
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) A description of existing Coast Guard recruitment and
accession programs at educational institutions at the high
school and higher education levels.
(B) An explanation of the manner in which the strategy
supports the overall diversity and inclusion action plan of the
Coast Guard.
(C) A description of the manner in which existing programs
and partnerships will be modified or expanded to enhance
diversity in recruiting in high school and institutions of
higher education (as such term is defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)) and accession.
SEC. 11250. SUPPORT FOR COAST GUARD ACADEMY.
(a) In General.--Subchapter II of chapter 9 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 953. Support for Coast Guard Academy
``(a) Authority.--
``(1) Contracts and cooperative agreements.--
``(A) In general.--The Commandant may enter contract and
cooperative agreements with 1 or more qualified organizations
for the purpose of supporting the athletic programs of the
Coast Guard Academy.
``(B) Authority.--Notwithstanding section 3201(e) of title
10, the Commandant may enter into such contracts and
cooperative agreements on a sole source basis pursuant to
section 3204(a) of title 10.
``(C) Acquisitions.--Notwithstanding chapter 63 of title
31, a cooperative agreement under this section may be used to
acquire property or services for the direct benefit or use of
the Coast Guard Academy.
``(2) Financial controls.--
``(A) In general.--Before entering into a contract or
cooperative agreement under paragraph (1), the Commandant shall
ensure that the contract or agreement includes appropriate
financial controls to account for the resources of the Coast
Guard Academy and the qualified organization concerned in
accordance with accepted accounting principles.
``(B) Contents.--Any such contract or cooperative agreement
shall contain a provision that allows the Commandant to review,
as the Commandant considers necessary, the financial accounts
of the qualified organization to determine whether the
operations of the qualified organization--
``(i) are consistent with the terms of the contract or
cooperative agreement; and
``(ii) would compromise the integrity or appearance of
integrity of any program of the Department of Homeland
Security.
``(3) Leases.--For the purpose of supporting the athletic
programs of the Coast Guard Academy, the Commandant may, consistent
with section 504(a)(13), rent or lease real property located at the
Coast Guard Academy to a qualified organization, except that
proceeds from such a lease shall be retained and expended in
accordance with subsection (f).
``(b) Support Services.--
``(1) Authority.--To the extent required by a contract or
cooperative agreement under subsection (a), the Commandant may
provide support services to a qualified organization while the
qualified organization conducts support activities at the Coast
Guard Academy only if the Commandant determines that the provision
of such services is essential for the support of the athletic
programs of the Coast Guard Academy.
``(2) No liability of the united states.--Support services may
only be provided without any liability of the United States to a
qualified organization.
``(3) Support services defined.--In this subsection, the term
`support services' includes utilities, office furnishings and
equipment, communications services, records staging and archiving,
audio and video support, and security systems, in conjunction with
the leasing or licensing of property.
``(c) Transfers From Nonappropriated Fund Operation.--
``(1) In general.--Except as provided in paragraph (2), the
Commandant may, subject to the acceptance of the qualified
organization concerned, transfer to the qualified organization all
title to and ownership of the assets and liabilities of the Coast
Guard nonappropriated fund instrumentality, the function of which
includes providing support for the athletic programs of the Coast
Guard Academy, including bank accounts and financial reserves in
the accounts of such fund instrumentality, equipment, supplies, and
other personal property.
``(2) Limitation.--The Commandant may not transfer under
paragraph (1) any interest in real property.
``(d) Acceptance of Support From Qualified Organization.--
``(1) In general.--Notwithstanding section 1342 of title 31,
the Commandant may accept from a qualified organization funds,
supplies, and services for the support of the athletic programs of
the Coast Guard Academy.
``(2) Employees of qualified organization.--For purposes of
this section, employees or personnel of the qualified organization
may not be considered to be employees of the United States.
``(3) Funds received from ncaa.--The Commandant may accept
funds from the National Collegiate Athletic Association to support
the athletic programs of the Coast Guard Academy.
``(4) Limitation.--The Commandant shall ensure that
contributions under this subsection and expenditure of funds
pursuant to subsection (f) do not--
``(A) reflect unfavorably on the ability of the Coast
Guard, any employee of the Coast Guard, or any member of the
armed forces (as such term is defined in section 101(a) of
title 10) to carry out any responsibility or duty in a fair and
objective manner; or
``(B) compromise the integrity or appearance of integrity
of any program of the Coast Guard, or any individual involved
in such a program.
``(e) Trademarks and Service Marks.--
``(1) Licensing, marketing, and sponsorship agreements.--An
agreement under subsection (a) may, consistent with section 2260 of
title 10 (other than subsection (d) of such section), authorize a
qualified organization to enter into licensing, marketing, and
sponsorship agreements relating to trademarks and service marks
identifying the Coast Guard Academy, subject to the approval of the
Commandant.
``(2) Limitations.--A licensing, marketing, or sponsorship
agreement may not be entered into under paragraph (1) if--
``(A) such agreement would reflect unfavorably on the
ability of the Coast Guard, any employee of the Coast Guard, or
any member of the armed forces to carry out any responsibility
or duty in a fair and objective manner; or
``(B) the Commandant determines that the use of the
trademark or service mark would compromise the integrity or
appearance of integrity of any program of the Coast Guard or
any individual involved in such a program.
``(f) Retention and Use of Funds.--Funds received by the Commandant
under this section may be retained for use to support the athletic
programs of the Coast Guard Academy and shall remain available until
expended.
``(g) Conditions.--The authority provided in this section with
respect to a qualified organization is available only so long as the
qualified organization continues--
``(1) to operate in accordance with this section, the law of
the State of Connecticut, and the constitution and bylaws of the
qualified organization; and
``(2) to operate exclusively to support the athletic programs
of the Coast Guard Academy.
``(h) Qualified Organization Defined.--In this section, the term
`qualified organization' means an organization--
``(1) that operates as an organization under subsection (c)(3)
of section 501 of the Internal Revenue Code of 1986 and exempt from
taxation under subsection (a) of that section;
``(2) for which authorization under sections 1033(a) and
1589(a) of title 10 may be provided; and
``(3) established by the Coast Guard Academy Alumni Association
solely for the purpose of supporting Coast Guard athletics.
``Sec. 954. Mixed-funded athletic and recreational extracurricular
programs
``(a) Authority.--In the case of a Coast Guard Academy mixed-funded
athletic or recreational extracurricular program, the Commandant may
designate funds appropriated to the Coast Guard and available for that
program to be treated as nonappropriated funds and expended for that
program in accordance with laws applicable to the expenditure of
nonappropriated funds. Appropriated funds so designated shall be
considered to be nonappropriated funds for all purposes and shall
remain available until expended.
``(b) Covered Programs.--In this section, the term `Coast Guard
Academy mixed-funded athletic or recreational extracurricular program'
means an athletic or recreational extracurricular program of the Coast
Guard Academy to which each of the following applies:
``(1) The program is not considered a morale, welfare, or
recreation program.
``(2) The program is supported through appropriated funds.
``(3) The program is supported by a nonappropriated fund
instrumentality.
``(4) The program is not a private organization and is not
operated by a private organization.''.
(b) Clerical Amendment.--The analysis for chapter 9 of title 14,
United States Code, is amended by inserting after the item relating to
section 952 the following:
``953. Support for Coast Guard Academy.
``954. Mixed-funded athletic and recreational extracurricular
programs.''.
SEC. 11251. TRAINING FOR CONGRESSIONAL AFFAIRS PERSONNEL.
(a) In General.--Section 315 of title 14, United States Code, is
amended to read as follows:
``Sec. 315. Training for congressional affairs personnel
``(a) In General.--The Commandant shall develop a training course,
which shall be administered in person, on the workings of Congress for
any member of the Coast Guard selected for a position as a fellow,
liaison, counsel, or administrative staff for the Coast Guard Office of
Congressional and Governmental Affairs or as any Coast Guard district
or area governmental affairs officer.
``(b) Course Subject Matter.--
``(1) In general.--The training course required under this
section shall provide an overview and introduction to Congress and
the Federal legislative process, including--
``(A) the congressional budget process;
``(B) the congressional appropriations process;
``(C) the congressional authorization process;
``(D) the Senate advice and consent process for
Presidential nominees;
``(E) the Senate advice and consent process for treaty
ratification;
``(F) the roles of Members of Congress and congressional
staff in the legislative process;
``(G) the concept and underlying purposes of congressional
oversight within the governance framework of separation of
powers;
``(H) the roles of Coast Guard fellows, liaisons, counsels,
governmental affairs officers, the Coast Guard Office of
Program Review, the Coast Guard Headquarters program offices,
and any other entity the Commandant considers relevant; and
``(I) the roles and responsibilities of Coast Guard public
affairs and external communications personnel with respect to
Members of Congress and the staff of such Members necessary to
enhance communication between Coast Guard units, sectors, and
districts and Member offices and committees of jurisdiction so
as to ensure visibility of Coast Guard activities.
``(2) Detail within coast guard office of budget and
programs.--
``(A) In general.--At the written request of a receiving
congressional office, the training course required under this
section shall include a multi-day detail within the Coast Guard
Office of Budget and Programs to ensure adequate exposure to
Coast Guard policy, oversight, and requests from Congress.
``(B) Nonconsecutive detail permitted.--A detail under this
paragraph is not required to be consecutive with the balance of
the training.
``(c) Completion of Required Training.--A member of the Coast Guard
selected for a position described in subsection (a) shall complete the
training required by this section before the date on which such member
reports for duty for such position.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 14,
United States Code, is amended by striking the item relating to section
315 and inserting the following:
``315. Training for congressional affairs personnel.''.
SEC. 11252. STRATEGY FOR RETENTION OF CUTTERMEN.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall publish a strategy to
improve incentives to attract and retain a qualified workforce serving
on Coast Guard cutters that includes underrepresented minorities, and
servicemembers from rural areas, as such term is defined in section
54301(a)(12)(C) of title 46, United States Code.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) Policies to improve flexibility in the afloat career path,
including a policy that enables members of the Coast Guard serving
on Coast Guard cutters to transition between operations afloat and
operations ashore assignments without detriment to the career
progression of a member.
(2) A review of current officer requirements for afloat
assignments at each pay grade, and an assessment as to whether such
requirements are appropriate or present undue limitations.
(3) Strategies to improve crew comfort afloat, such as berthing
modifications to accommodate all crewmembers.
(4) Actionable steps to improve access to highspeed internet
capable of video conference for the purposes of medical,
educational, and personal use by members of the Coast Guard serving
on Coast Guard cutters.
(5) An assessment of the effectiveness of bonuses to attract
members to serve at sea and retain talented members of the Coast
Guard serving on Coast Guard cutters to serve as leaders in senior
enlisted positions, department head positions, and command
positions.
(6) Policies to ensure that high-performing members of the
Coast Guard serving on Coast Guard cutters are competitive for
special assignments, postgraduate education, senior service
schools, and other career-enhancing positions.
(c) Rule of Construction.--The Commandant shall ensure that the
elements described in subsection (b) do not result in discrimination
based on race, color, religion, sexual orientation, national origin, or
gender.
SEC. 11253. STUDY ON PERFORMANCE OF COAST GUARD FORCE READINESS
COMMAND.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
commence a study on the performance of the Coast Guard Force Readiness
Command.
(b) Elements.--The study required under subsection (a) shall
include an assessment of the following:
(1) The actions the Force Readiness Command has taken to
develop and implement training for the Coast Guard workforce.
(2) The extent to which the Force Readiness Command--
(A) has made an assessment of performance, policy, and
training compliance across Force Readiness Command headquarters
and field units, and the results of any such assessment; and
(B) is modifying and expanding Coast Guard training to
match the future demands of the Coast Guard with respect to
growth in workforce numbers, modernization of assets and
infrastructure, and increased global mission demands relating
to the Arctic and Western Pacific regions and cyberspace.
(c) Report.--Not later than 1 year after the study required by
subsection (a) commences, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11254. STUDY ON FREQUENCY OF WEAPONS TRAINING FOR COAST GUARD
PERSONNEL.
(a) In General.--The Commandant shall conduct a study to assess
whether current weapons training required for Coast Guard law
enforcement and other relevant personnel is sufficient.
(b) Elements.--The study required under subsection (a) shall--
(1) assess whether there is a need to improve weapons training
for Coast Guard law enforcement and other relevant personnel; and
(2) identify--
(A) the frequency of such training most likely to ensure
adequate weapons training, proficiency, and safety among such
personnel;
(B) Coast Guard law enforcement and other applicable
personnel who should be prioritized to receive such improved
training; and
(C) any challenge posed by a transition to improving such
training and offering such training more frequently, and the
resources necessary to address such a challenge.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the findings of the study conducted under subsection (a).
Subtitle G--Miscellaneous Provisions
SEC. 11255. MODIFICATION OF PROHIBITION ON OPERATION OR PROCUREMENT OF
FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.
Section 8414 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 14 U.S.C.
1156 note) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Exemption.--The Commandant is exempt from the restriction
under subsection (a) if the operation or procurement is for the
purposes of--
``(1) counter-UAS system surrogate testing and training; or
``(2) intelligence, electronic warfare, and information warfare
operations, testing, analysis, and training.'';
(2) by amending subsection (c) to read as follows:
``(c) Waiver.--The Commandant may waive the restriction under
subsection (a) on a case-by-case basis by certifying in writing not
later than 15 days after exercising such waiver to the Department of
Homeland Security, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives that the operation or
procurement of a covered unmanned aircraft system is required in the
national interest of the United States.'';
(3) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) Covered foreign country.--The term `covered foreign
country' means any of the following:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of Korea.'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Covered unmanned aircraft system.--The term `covered
unmanned aircraft system' means an unmanned aircraft system
described in paragraph (1) of subsection (a).''; and
(D) in paragraph (4), as so redesignated, by inserting ``,
and any related services and equipment'' after ``United States
Code''; and
(4) by adding at the end the following:
``(e) Replacement.--Not later than 90 days after the date of the
enactment of the Don Young Coast Guard Authorization Act of 2022, the
Commandant shall replace covered unmanned aircraft systems of the Coast
Guard with unmanned aircraft systems manufactured in the United States
or an allied country (as that term is defined in section 2350f(d)(1) of
title 10, United States Code).''.
SEC. 11256. BUDGETING OF COAST GUARD RELATING TO CERTAIN OPERATIONS.
(a) In General.--Chapter 51 of title 14, United States Code, is
further amended by adding at the end the following:
``Sec. 5114. Expenses of performing and executing defense readiness
missions
``Not later than 1 year after the date of enactment of this
section, and every February 1 thereafter, the Commandant shall submit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report that adequately represents a calculation of
the annual costs and expenditures of performing and executing all
defense readiness mission activities, including--
``(1) all expenses related to the Coast Guard's coordination,
training, and execution of defense readiness mission activities in
the Coast Guard's capacity as an armed force (as such term is
defined in section 101 of title 10) in support of Department of
Defense national security operations and activities or for any
other military department or Defense Agency (as such terms are
defined in such section);
``(2) costs associated with Coast Guard detachments assigned in
support of the defense readiness mission of the Coast Guard; and
``(3) any other related expenses, costs, or matters the
Commandant considers appropriate or otherwise of interest to
Congress.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14,
United States Code, as amended by section 252(b), is further amended by
adding at the end the following:
``5114. Expenses of performing and executing defense readiness
missions.''.
SEC. 11257. REPORT ON SAN DIEGO MARITIME DOMAIN AWARENESS.
Not later than 180 days after the date of enactment of this Act,
the Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
containing--
(1) an overview of the maritime domain awareness in the area of
responsibility of the Coast Guard sector responsible for San Diego,
California, including--
(A) the average volume of known maritime traffic that
transited the area during fiscal years 2020 through 2022;
(B) current sensor platforms deployed by such sector to
monitor illicit activity occurring at sea in such area;
(C) the number of illicit activity incidents at sea in such
area that the sector responded to during fiscal years 2020
through 2022;
(D) an estimate of the volume of traffic engaged in illicit
activity at sea in such area and the type and description of
any vessels used to carry out illicit activities that such
sector responded to during fiscal years 2020 through 2022; and
(E) the maritime domain awareness requirements to
effectively meet the mission of such sector;
(2) a description of current actions taken by the Coast Guard
to partner with Federal, regional, State, and local entities to
meet the maritime domain awareness needs of such area;
(3) a description of any gaps in maritime domain awareness
within the area of responsibility of such sector resulting from an
inability to meet the enduring maritime domain awareness
requirements of the sector or adequately respond to maritime
disorder;
(4) an identification of current technology and assets the
Coast Guard has to mitigate the gaps identified in paragraph (3);
(5) an identification of capabilities needed to mitigate such
gaps, including any capabilities the Coast Guard currently
possesses that can be deployed to the sector;
(6) an identification of technology and assets the Coast Guard
does not currently possess and are needed to acquire in order to
address such gaps; and
(7) an identification of any financial obstacles that prevent
the Coast Guard from deploying existing commercially available
sensor technology to address such gaps.
SEC. 11258. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
(a) Transfer.--Section 914 of the Coast Guard Authorization Act of
2010 (14 U.S.C. 501 note; Public Law 111-281) is--
(1) transferred to subchapter I of chapter 5 of title 14,
United States Code;
(2) added at the end so as to follow section 509 of such title,
as added by this Act;
(3) redesignated as section 510 of such title; and
(4) amended so that the enumerator, the section heading,
typeface, and typestyle conform to those appearing in other
sections of title 14, United States Code.
(b) Clerical Amendments.--
(1) Coast guard authorization act of 2010.--The table of
contents in section 1(b) of the Coast Guard Authorization Act of
2010 (Public Law 111-281) is amended by striking the item relating
to section 914.
(2) Title 14.--The analysis for subchapter I of chapter 5 of
title 14, United States Code, is further amended by adding at the
end the following:
``510. Conveyance of Coast Guard vessels for public purposes.''.
(c) Conveyance of Coast Guard Vessels for Public Purposes.--Section
510 of title 14, United States Code, as transferred and redesignated by
subsection (a), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--On request by the Commandant, the Administrator
of the General Services Administration may transfer ownership of a
Coast Guard vessel or aircraft to an eligible entity for educational,
cultural, historical, charitable, recreational, or other public
purposes if such transfer is authorized by law.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``as if the request were being
processed'' after ``vessels''; and
(ii) by inserting ``, as in effect on the date of the
enactment of the Don Young Coast Guard Authorization Act of
2022'' after ``Code of Federal Regulations'';
(B) in paragraph (2) by inserting ``, as in effect on the
date of the enactment of the Don Young Coast Guard
Authorization Act of 2022'' after ``such title''; and
(C) in paragraph (3) by striking ``of the Coast Guard''.
SEC. 11259. NATIONAL COAST GUARD MUSEUM FUNDING PLAN.
Section 316(c)(4) of title 14, United States Code, is amended by
striking ``the Inspector General of the department in which the Coast
Guard is operating'' and inserting ``a third party entity qualified to
undertake such a certification process''.
SEC. 11260. REPORT ON COAST GUARD EXPLOSIVE ORDNANCE DISPOSAL.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the viability of establishing an explosive ordnance disposal
program (in this section referred to as the ``Program'') in the Coast
Guard.
(b) Contents.--The report required under subsection (a) shall
contain, at a minimum, an explanation of the following with respect to
such a Program:
(1) Where within the organizational structure of the Coast
Guard the Program would be located, including a discussion of
whether the Program should reside in--
(A) Maritime Safety and Security Teams;
(B) Maritime Security Response Teams;
(C) a combination of the teams described under
subparagraphs (A) and (B); or
(D) elsewhere within the Coast Guard.
(2) The vehicles and dive craft that are Coast Guard airframe
and vessel transportable that would be required for the
transportation of explosive ordnance disposal elements.
(3) The Coast Guard stations at which--
(A) portable explosives storage magazines would be
available for explosive ordnance disposal elements; and
(B) explosive ordnance disposal elements equipment would be
pre-positioned.
(4) How the Program would support other elements within the
Department of Homeland Security, the Department of Justice, and, in
wartime, the Department of Defense to--
(A) counter improvised explosive devices;
(B) counter unexploded ordnance;
(C) combat weapons of destruction;
(D) provide service in support of the President; and
(E) support national security special events.
(5) The career progression of members of the Coast Guard
participating in the Program from--
(A) Seaman Recruit to Command Master Chief Petty Officer;
(B) Chief Warrant Officer 2 to that of Chief Warrant
Officer 4; and
(C) Ensign to that of Rear Admiral.
(6) Initial and annual budget justification estimates on a
single program element of the Program for--
(A) civilian and military pay with details on military pay,
including special and incentive pays such as--
(i) officer responsibility pay;
(ii) officer SCUBA diving duty pay;
(iii) officer demolition hazardous duty pay;
(iv) enlisted SCUBA diving duty pay;
(v) enlisted demolition hazardous duty pay;
(vi) enlisted special duty assignment pay at level
special duty-5;
(vii) enlisted assignment incentive pays;
(viii) enlistment and reenlistment bonuses;
(ix) officer and enlisted full civilian clothing
allowances;
(x) an exception to the policy allowing a third
hazardous duty pay for explosive ordnance disposal-
qualified officers and enlisted; and
(xi) parachutist hazardous duty pay;
(B) research, development, test, and evaluation;
(C) procurement;
(D) other transaction agreements;
(E) operations and support; and
(F) overseas contingency operations.
SEC. 11261. TRANSFER AND CONVEYANCE.
(a) In General.--
(1) Requirement.--In accordance with section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9620(h)), the Commandant shall, without
consideration, transfer in accordance with subsection (b) and
convey in accordance with subsection (c) a parcel of the real
property described in paragraph (2), including any improvements
thereon.
(2) Property.--The property described in this paragraph is real
property at Dauphin Island, Alabama, located at 100 Agassiz Street,
and consisting of a total of approximately 35.63 acres. The exact
acreage and legal description of the parcel of such property to be
transferred or conveyed in accordance with subsection (b) or (c),
respectively, shall be determined by a survey satisfactory to the
Commandant.
(b) To the Secretary of Health and Human Services.--The Commandant
shall transfer, as described in subsection (a), to the Secretary of
Health and Human Services (in this section referred to as the
``Secretary''), for use by the Food and Drug Administration, custody
and control of a portion, consisting of approximately 4 acres, of the
parcel of real property described in such subsection, to be identified
by agreement between the Commandant and the Secretary.
(c) To the State of Alabama.--The Commandant shall convey, as
described in subsection (a), to the Marine Environmental Sciences
Consortium, a unit of the government of the State of Alabama, located
at Dauphin Island, Alabama, all rights, title, and interest of the
United States in and to such portion of the parcel described in such
subsection that is not transferred to the Secretary under subsection
(b).
(d) Payments and Costs of Transfer and Conveyance.--
(1) Payments.--
(A) In general.--The Secretary shall pay costs to be
incurred by the Coast Guard, or reimburse the Coast Guard for
such costs incurred by the Coast Guard, to carry out the
transfer and conveyance required by this section, including
survey costs, appraisal costs, costs for environmental
documentation related to the transfer and conveyance, and any
other necessary administrative costs related to the transfer
and conveyance.
(B) Funds.--Notwithstanding section 780 of division B of
the Further Consolidated Appropriations Act, 2020 (Public Law
116-94), any amounts that are made available to the Secretary
under such section and not obligated on the date of enactment
of this Act shall be available to the Secretary for the purpose
described in subparagraph (A).
(2) Treatment of amounts received.--Amounts received by the
Commandant as reimbursement under paragraph (1) shall be credited
to the Coast Guard Housing Fund established under section 2946 of
title 14, United States Code, or the account that was used to pay
the costs incurred by the Coast Guard in carrying out the transfer
or conveyance under this section, as determined by the Commandant,
and shall be made available until expended. Amounts so credited
shall be merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
SEC. 11262. TRANSPARENCY AND OVERSIGHT.
(a) In General.--Chapter 51 of title 14, United States Code, is
further amended by adding at the end the following:
``Sec. 5115. Major grants, contracts, or other transactions
``(a) Notification.--
``(1) In general.--Subject to subsection (b), the Commandant
shall notify the appropriate committees of Congress and the Coast
Guard Office of Congressional and Governmental Affairs not later
than 3 full business days in advance of the Coast Guard--
``(A) making or awarding a grant allocation or grant in
excess of $1,000,000;
``(B) making or awarding a contract, other transaction
agreement, or task or delivery order for the Coast Guard on the
multiple award contract, or issuing a letter of intent totaling
more than $4,000,000;
``(C) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Coast Guard funds;
``(D) making a sole-source grant award; or
``(E) announcing publicly the intention to make or award an
item described in subparagraph (A), (B), (C), or (D), including
a contract covered by the Federal Acquisition Regulation.
``(2) Element.--A notification under this subsection shall
include--
``(A) the amount of the award;
``(B) the fiscal year for which the funds for the award
were appropriated;
``(C) the type of contract;
``(D) an identification of the entity awarded the contract,
such as the name and location of the entity; and
``(E) the account from which the funds are to be drawn.
``(b) Exception.--If the Commandant determines that compliance with
subsection (a) would pose a substantial risk to human life, health, or
safety, the Commandant--
``(1) may make an award or issue a letter described in such
subsection without the notification required under such subsection;
and
``(2) shall notify the appropriate committees of Congress not
later than 5 full business days after such an award is made or
letter issued.
``(c) Applicability.--Subsection (a) shall not apply to funds that
are not available for obligation.
``(d) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
``(2) the Committee on Transportation and Infrastructure and
the Committee on Appropriations of the House of Representatives.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14,
United States Code, is further amended by adding at the end the
following:
``5115. Major grants, contracts, or other transactions.''.
SEC. 11263. STUDY ON SAFETY INSPECTION PROGRAM FOR CONTAINERS AND
FACILITIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant shall complete a study on the safety
inspection program for containers (as such term is defined in section
80501 of title 46, United States Code) and designated waterfront
facilities receiving containers.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An evaluation and review of such safety inspection program.
(2) A determination of--
(A) the number of container inspections conducted annually
by the Coast Guard during the preceding 10-year period, as
compared to the number of containers moved through United
States ports annually during such period; and
(B) the number of qualified Coast Guard container and
facility inspectors, and an assessment as to whether, during
the preceding 10-year period, there have been a sufficient
number of such inspectors to carry out the mission of the Coast
Guard.
(3) An evaluation of the training programs available to such
inspectors and the adequacy of such training programs during the
preceding 10-year period.
(4) An identification of areas of improvement for such program
in the interest of commerce and national security, and the costs
associated with such improvements.
(c) Report to Congress.--Not later than 180 days after the
completion of the study required under subsection (a), the Commandant
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the findings of the study
required by subsection (a), including the personnel and resource
requirements necessary for such program.
SEC. 11264. OPERATIONAL DATA SHARING CAPABILITY.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall, consistent with the ongoing
Integrated Multi-Domain Enterprise joint effort by the Department of
Homeland Security and the Department of Defense, establish a secure,
centralized capability to allow real-time, or near real-time, data and
information sharing between Customs and Border Protection and the Coast
Guard for purposes of maritime boundary domain awareness and
enforcement activities along the maritime boundaries of the United
States, including the maritime boundaries in the northern and southern
continental United States and Alaska.
(b) Priority.--In establishing the capability under subsection (a),
the Secretary shall prioritize enforcement areas experiencing the
highest levels of enforcement activity.
(c) Requirements.--The capability established under subsection (a)
shall be sufficient for the secure sharing of data, information, and
surveillance necessary for operational missions, including data from
governmental assets, irrespective of whether an asset located in or
around mission operation areas belongs to the Coast Guard, Customs and
Border Protection, or any other partner agency.
(d) Elements.--The Commissioner of Customs and Border Protection
and the Commandant shall jointly--
(1) assess and delineate the types of data and quality of data
sharing needed to meet the respective operational missions of
Customs and Border Protection and the Coast Guard, including video
surveillance, seismic sensors, infrared detection, space-based
remote sensing, and any other data or information necessary;
(2) develop appropriate requirements and processes for the
credentialing of personnel of Customs and Border Protection and
personnel of the Coast Guard to access and use the capability
established under subsection (a); and
(3) establish a cost-sharing agreement for the long-term
operation and maintenance of the capability and the assets that
provide data to the capability.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Transportation
and Infrastructure and the Committee on Homeland Security of the House
of Representatives a report on the establishment of the capability
under this section.
(f) Rule of Construction.--Nothing in this section may be construed
to authorize the Coast Guard, Customs and Border Protection, or any
other partner agency to acquire, share, or transfer personal
information relating to an individual in violation of any Federal or
State law or regulation.
SEC. 11265. FEASIBILITY STUDY ON CONSTRUCTION OF COAST GUARD STATION AT
PORT MANSFIELD.
(a) Study.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall commence a feasibility
study on construction of a Coast Guard station at Port Mansfield,
Texas.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) An assessment of the resources and workforce
requirements necessary for a new Coast Guard station at Port
Mansfield.
(B) An identification of the enhancements to the missions
and capabilities of the Coast Guard that a new Coast Guard
station at Port Mansfield would provide.
(C) An estimate of the life-cycle costs of such a facility,
including the costs of construction, maintenance costs, and
staffing costs.
(D) A cost-benefit analysis of the enhancements and
capabilities provided, as compared to the costs of
construction, maintenance, and staffing.
(b) Report.--Not later than 180 days after commencing the study
required by subsection (a), the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11266. PROCUREMENT OF TETHERED AEROSTAT RADAR SYSTEM FOR COAST
GUARD STATION SOUTH PADRE ISLAND.
Subject to the availability of appropriations, the Secretary shall
procure not fewer than 1 tethered aerostat radar system, or similar
technology, for use by the Coast Guard at and around Coast Guard
Station South Padre Island.
SEC. 11267. PROHIBITION ON MAJOR ACQUISITION CONTRACTS WITH ENTITIES
ASSOCIATED WITH CHINESE COMMUNIST PARTY.
(a) In General.--The Commandant may not award any major acquisition
contract until the Commandant receives a certification from the party
that it has not, during the 10-year period preceding the planned date
of award, directly or indirectly held an economic interest in an entity
that is--
(1) owned or controlled by the People's Republic of China; and
(2) part of the defense industry of the Chinese Communist
Party.
(b) Inapplicability to Taiwan.--Subsection (a) shall not apply with
respect to an economic interest in an entity owned or controlled by
Taiwan.
SEC. 11268. REVIEW OF DRUG INTERDICTION EQUIPMENT AND STANDARDS;
TESTING FOR FENTANYL DURING INTERDICTION OPERATIONS.
(a) Review.--
(1) In general.--The Commandant, in consultation with the
Administrator of the Drug Enforcement Administration and the
Secretary of Health and Human Services, shall--
(A) conduct a review of--
(i) the equipment, testing kits, and rescue medications
used to conduct Coast Guard drug interdiction operations;
and
(ii) the safety and training standards, policies, and
procedures with respect to such operations; and
(B) determine whether the Coast Guard is using the latest
equipment and technology and up-to-date training and standards
for recognizing, handling, testing, and securing illegal drugs,
fentanyl and other synthetic opioids, and precursor chemicals
during such operations.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the
appropriate committees of Congress a report on the results of the
review conducted under paragraph (1).
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Appropriations of the House of
Representatives.
(b) Requirement.--If, as a result of the review required by
subsection (a), the Commandant determines that the Coast Guard is not
using the latest equipment and technology and up-to-date training and
standards for recognizing, handling, testing, and securing illegal
drugs, fentanyl and other synthetic opioids, and precursor chemicals
during drug interdiction operations, the Commandant shall ensure that
the Coast Guard acquires and uses such equipment and technology,
carries out such training, and implements such standards.
(c) Testing for Fentanyl.--The Commandant shall ensure that Coast
Guard drug interdiction operations include the testing of substances
encountered during such operations for fentanyl, as appropriate.
SEC. 11269. PUBLIC AVAILABILITY OF INFORMATION ON MONTHLY MIGRANT
INTERDICTIONS.
Not later than the 15th day of each month, the Commandant shall
make available to the public on the website of the Coast Guard the
number of migrant interdictions carried out by the Coast Guard during
the preceding month.
SEC. 11270. CARGO WAITING TIME REDUCTION.
Not later than 90 days after the date of enactment of this Act, the
Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that
includes--
(1) an explanation of the extent to which vessels carrying
cargo are complying with the requirements of chapter 700 of title
46, United States Code;
(2) the status of the investigation on the cause of the oil
spill that occurred in October 2021 on the waters over the San
Pedro Shelf related to an anchor strike, including the expected
date on which the Marine Casualty Investigation Report with respect
to such spill will be released; and
(3) with respect to such vessels, a summary of actions taken or
planned to be taken by the Commandant to provide additional
protections against oil spills or other hazardous discharges caused
by anchor strikes.
SEC. 11271. STUDY ON COAST GUARD OVERSIGHT AND INVESTIGATIONS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall
commence a study to assess the oversight over Coast Guard activities,
including investigations, personnel management, whistleblower
protection, and other activities carried out by the Department of
Homeland Security Office of Inspector General.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An analysis of the ability of the Department of Homeland
Security Office of Inspector General to ensure timely, thorough,
complete, and appropriate oversight over the Coast Guard, including
oversight over both civilian and military activities.
(2) An assessment of--
(A) the best practices with respect to such oversight; and
(B) the ability of the Department of Homeland Security
Office of Inspector General and the Commandant to identify and
achieve such best practices.
(3) An analysis of the methods, standards, and processes
employed by the Department of Defense Office of Inspector General
and the inspectors generals of the armed forces (as such term is
defined in section 101 of title 10, United States Code), other than
the Coast Guard, to conduct oversight and investigation activities.
(4) An analysis of the methods, standards, and processes of the
Department of Homeland Security Office of Inspector General with
respect to oversight over the civilian and military activities of
the Coast Guard, as compared to the methods, standards, and
processes described in paragraph (3).
(5) An assessment of the extent to which the Coast Guard
Investigative Service completes investigations or other
disciplinary measures after referral of complaints from the
Department of Homeland Security Office of Inspector General.
(6) A description of the staffing, expertise, training, and
other resources of the Department of Homeland Security Office of
Inspector General, and an assessment as to whether such staffing,
expertise, training, and other resources meet the requirements
necessary for meaningful, timely, and effective oversight over the
activities of the Coast Guard.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study, including
recommendations with respect to oversight over Coast Guard activities.
(d) Other Reviews.--The study required under subsection (a) may
rely upon recently completed or ongoing reviews by the Comptroller
General or other entities, as applicable.
Subtitle H--Sexual Assault and Sexual Harassment Response and
Prevention
SEC. 11272. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION KITS.
(a) In General.--Subchapter IV of chapter 5 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 564. Administration of sexual assault forensic examination kits
``(a) Sexual Assault Forensic Exam Procedure.--
``(1) In general.--Before embarking on any prescheduled voyage,
a Coast Guard vessel shall have in place a written operating
procedure that ensures that an embarked victim of sexual assault
shall have access to a sexual assault forensic examination--
``(A) as soon as possible after the victim requests an
examination; and
``(B) that is treated with the same level of urgency as
emergency medical care.
``(2) Requirements.--The written operating procedure required
by paragraph (1), shall, at a minimum, account for--
``(A) the health, safety, and privacy of a victim of sexual
assault;
``(B) the proximity of ashore or afloat medical facilities,
including coordination as necessary with the Department of
Defense, including other military departments (as defined in
section 101 of title 10);
``(C) the availability of aeromedical evacuation;
``(D) the operational capabilities of the vessel concerned;
``(E) the qualifications of medical personnel onboard;
``(F) coordination with law enforcement and the
preservation of evidence;
``(G) the means of accessing a sexual assault forensic
examination and medical care with a restricted report of sexual
assault;
``(H) the availability of nonprescription pregnancy
prophylactics; and
``(I) other unique military considerations.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, is amended by inserting after the item relating to
section 563 the following:
``564. Administration of sexual assault forensic examination kits.''.
(c) Study.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall seek to enter into an
agreement with the National Academy of Sciences under which the
National Academy of Sciences shall conduct a study to assess
challenges and prospective solutions associated with sexual assault
at sea, to include the provision of survivor care, forensic
examination of the victim, and evidence collection.
(2) Contents.--The study under paragraph (1) shall, at a
minimum, address the feasibility of crisis response services and
physical evaluation through telemedicine and other options
concerning immediate access to care whether onboard the vessel or
at the nearest shore side facility, including best practices for
administering sexual assault forensic examinations.
(3) Elements.--The study under paragraph (1) shall--
(A) take into account--
(i) the safety and security of the alleged victim of
sexual assault;
(ii) the ability to properly identify, document, and
preserve any evidence relevant to the allegation of sexual
assault;
(iii) the applicable criminal procedural laws relating
to authenticity, relevance, preservation of evidence, chain
of custody, and any other matter relating to evidentiary
admissibility; and
(iv) best practices of conducting sexual assault
forensic examinations, as such term is defined in section
40723 of title 34, United States Code;
(B) provide any appropriate recommendation for changes to
existing laws, regulations, or employer policies;
(C) solicit public stakeholder input from individuals and
organizations with relevant expertise in sexual assault
response including healthcare, advocacy services, law
enforcement, and prosecution;
(D) evaluate the operational capabilities of the Coast
Guard since 2013 in providing alleged victims of sexual assault
immediate access to care onboard a vessel undertaking a
prescheduled voyage that, at any point during such voyage,
would require the vessel to travel 3 consecutive days or longer
to reach a land-based or afloat medical facility, including--
(i) the average of and range in the reported hours
taken to evacuate an individual with any medical emergency
to a land-based or afloat medical facility; and
(ii) the number of alleged victims, subjects, and total
incidents of sexual assault and sexual harassment occurring
while underway reported annually; and
(E) summarize the financial cost, required operational
adjustments, and potential benefits to the Coast Guard to
provide sexual assault forensic examination kits onboard Coast
Guard vessels undertaking a prescheduled voyage that, at any
point during such voyage, would require the vessel to travel 3
consecutive days or longer to reach a land-based or afloat
medical facility.
(4) Report.--Upon completion of the study under paragraph (1),
the National Academy of Sciences shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the Committee
on Transportation and Infrastructure of the House of
Representatives, and the Secretary a report on the findings of the
study.
(5) Annual report.--The Commandant shall submit to the
Transportation and Infrastructure Committee of the House and the
Commerce, Science, and Transportation Committee of the Senate a
report containing the number of sexual assault forensic
examinations that were requested by, but not administered within 3
days to, alleged victims of sexual assault when such victims were
onboard a vessel.
(6) Savings clause.--In collecting the information required
under paragraphs (2) and (3), the Commandant shall collect such
information in a manner which protects the privacy rights of
individuals who are subjects of such information.
SEC. 11273. POLICY ON REQUESTS FOR PERMANENT CHANGES OF STATION OR UNIT
TRANSFERS BY PERSONS WHO REPORT BEING THE VICTIM OF SEXUAL ASSAULT.
(a) Interim Update.--Not later than 30 days after the date of
enactment of this Act, the Commandant, in consultation with the
Director of the Health, Safety, and Work Life Directorate, shall issue
an interim update to Coast Guard policy guidance to allow a member of
the Coast Guard who has reported being the victim of a sexual assault,
or any other offense covered by section 920, 920c, or 930 of title 10,
United States Code (article 120, 120c, or 130 of the Uniform Code of
Military Justice), to request an immediate change of station or an
immediate unit transfer.
(b) Final Policy.--The Commandant shall issue a final policy based
on the interim updates issued under the preceding sentence not later
than 1 year after the date of enactment of this Act.
SEC. 11274. SEX OFFENSES AND PERSONNEL RECORDS.
Not later than 180 days after the date of enactment of this Act,
the Commandant shall issue final regulations or policy guidance
required to fully implement section 1745 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
1561 note) with respect to members of the Coast Guard.
SEC. 11275. STUDY ON SPECIAL VICTIMS' COUNSEL PROGRAM.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall enter into an agreement with a
federally funded research and development center for the conduct of a
study on--
(1) the Special Victims' Counsel program of the Coast Guard;
(2) Coast Guard investigations of sexual assault offenses for
cases in which the subject of the investigation is no longer under
jeopardy for the alleged misconduct for reasons including the death
of the accused, a lapse in the statute of limitations for the
alleged offense, and a fully adjudicated criminal trial of the
alleged offense in which all appeals have been exhausted; and
(3) legal support and representation provided to members of the
Coast Guard who are victims of sexual assault, including in
instances in which the accused is a member of the Army, Navy, Air
Force, Marine Corps, or Space Force.
(b) Elements.--The study required by subsection (a) shall assess
the following:
(1) The Special Victims' Counsel program of the Coast Guard,
including training, effectiveness, capacity to handle the number of
cases referred, and experience with cases involving members of the
Coast Guard or members of another armed force (as defined in
section 101 of title 10, United States Code).
(2) The experience of Special Victims' Counsels in representing
members of the Coast Guard during a court-martial.
(3) Policies concerning the availability and detailing of
Special Victims' Counsels for sexual assault allegations, in
particular such allegations in which the accused is a member of
another armed force (as defined in section 101 of title 10, United
States Code), and the impact that the cross-service relationship
had on--
(A) the competence and sufficiency of services provided to
the alleged victim; and
(B) the interaction between--
(i) the investigating agency and the Special Victims'
Counsels; and
(ii) the prosecuting entity and the Special Victims'
Counsels.
(4) Training provided to, or made available for, Special
Victims' Counsels and paralegals with respect to Department of
Defense processes for conducting sexual assault investigations and
Special Victims' Counsel representation of sexual assault victims.
(5) The ability of Special Victims' Counsels to operate
independently without undue influence from third parties, including
the command of the accused, the command of the victim, the Judge
Advocate General of the Coast Guard, and the Deputy Judge Advocate
General of the Coast Guard.
(6) The skill level and experience of Special Victims'
Counsels, as compared to special victims' counsels available to
members of the Army, Navy, Air Force, Marine Corps, and Space
Force.
(7) Policies regarding access to an alternate Special Victims'
Counsel, if requested by the member of the Coast Guard concerned,
and potential improvements for such policies.
(c) Report.--Not later than 180 days after entering into an
agreement under subsection (a), the federally funded research and
development center shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that
includes--
(1) the findings of the study required by such subsection;
(2) recommendations to improve the coordination, training, and
experience of Special Victims' Counsels of the Coast Guard so as to
improve outcomes for members of the Coast Guard who have reported
sexual assault; and
(3) any other recommendation the federally funded research and
development center considers appropriate.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
SEC. 11301. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committees on Transportation and Infrastructure and
Natural Resources of the House of Representatives.
(2) Core foraging habitats.--The term ``core foraging
habitats'' means areas--
(A) with biological and physical oceanographic features
that aggregate Calanus finmarchicus; and
(B) where North Atlantic right whales foraging aggregations
have been well documented.
(3) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term in section 107 of title 46,
United States Code.
(4) Institution of higher education.--The term ``institution of
higher education'' has the meaning given that term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(5) Large cetacean.--The term ``large cetacean'' means all
endangered or threatened species within--
(A) the suborder Mysticeti;
(B) the genera Physeter; or
(C) the genera Orcinus.
(6) Near real-time.--The term ``near real-time'', with respect
to monitoring of whales, means that visual, acoustic, or other
detections of whales are processed, transmitted, and reported as
close to the time of detection as is technically feasible.
(7) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in section
501(c) of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code.
(8) Puget sound region.--The term ``Puget Sound region'' means
the Vessel Traffic Service Puget Sound area described in section
161.55 of title 33, Code of Federal Regulations (as of the date of
enactment of this Act).
(9) Tribal government.--The term ``Tribal government'' means
the recognized governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the date
of enactment of this Act pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(10) Under secretary.--The term ``Under Secretary'' means the
Under Secretary of Commerce for Oceans and Atmosphere.
SEC. 11302. ASSISTANCE TO PORTS TO REDUCE IMPACTS OF VESSEL TRAFFIC AND
PORT OPERATIONS ON MARINE MAMMALS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Under Secretary, in consultation with the
Director of the United States Fish and Wildlife Service, the Secretary,
the Secretary of Defense, and the Administrator of the Maritime
Administration, shall establish a grant program to provide assistance
to eligible entities to develop and implement mitigation measures that
will lead to a quantifiable reduction in threats to marine mammals from
vessel traffic, including shipping activities and port operations.
(b) Eligible Uses.--Assistance provided under subsection (a) may be
used to develop, assess, and carry out activities that reduce threats
to marine mammals by--
(1) reducing underwater stressors related to marine traffic;
(2) reducing mortality and serious injury from vessel strikes
and other physical disturbances;
(3) monitoring sound;
(4) reducing vessel interactions with marine mammals;
(5) conducting other types of monitoring that are consistent
with reducing the threats to, and enhancing the habitats of, marine
mammals; or
(6) supporting State agencies and Tribal governments in
developing the capacity to receive assistance under this section
through education, training, information sharing, and collaboration
to participate in the grant program under this section.
(c) Priority.--The Under Secretary shall prioritize providing
assistance under subsection (a) for projects that--
(1) are based on the best available science with respect to
methods to reduce threats to marine mammals;
(2) collect data on the effects of such methods and the
reduction of such threats;
(3) assist ports that pose a higher relative threat to marine
mammals listed as threatened or endangered under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
(4) are in close proximity to areas in which threatened or
endangered cetaceans are known to experience other stressors; or
(5) allow eligible entities to conduct risk assessments and to
track progress toward threat reduction.
(d) Outreach.--The Under Secretary, in coordination with the
Secretary, the Administrator of the Maritime Administration, and the
Director of the United States Fish and Wildlife Service, as
appropriate, shall conduct coordinated outreach to ports to provide
information with respect to--
(1) how to apply for assistance under subsection (a);
(2) the benefits of such assistance; and
(3) facilitation of best practices and lessons, including the
best practices and lessons learned from activities carried out
using such assistance.
(e) Report Required.--Not less frequently than annually, the Under
Secretary shall make available to the public on a publicly accessible
website of the National Oceanic and Atmospheric Administration a report
that includes the following information:
(1) The name and location of each entity to which assistance
was awarded under subsection (a) during the year preceding
submission of the report.
(2) The amount of each such award.
(3) A description of the activities carried out with each such
award.
(4) An estimate of the likely impact of such activities on the
reduction of threats to marine mammals.
(f) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) a port authority for a port;
(2) a State, regional, local, or Tribal government, or an
Alaska Native or Native Hawaiian entity that has jurisdiction over
a maritime port authority or a port;
(3) an academic institution, research institution, or nonprofit
organization working in partnership with a port; or
(4) a consortium of entities described in paragraphs (1)
through (3).
(g) Funding.--From funds otherwise appropriated to the Under
Secretary, $10,000,000 is authorized to carry out this section for each
of fiscal years 2023 through 2028.
(h) Savings Clause.--An activity may not be carried out under this
section if the Secretary of Defense, in consultation with the Under
Secretary, determines that the activity would negatively impact the
defense readiness or the national security of the United States.
SEC. 11303. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE
CETACEANS.
(a) Establishment.--The Under Secretary, in coordination with the
heads of other relevant Federal agencies, shall design and deploy a
cost-effective, efficient, and results-oriented near real-time
monitoring and mitigation program (referred to in this section as the
``Program'') for threatened or endangered cetaceans.
(b) Purpose.--The purpose of the Program shall be to reduce the
risk to large cetaceans posed by vessel collisions and to minimize
other impacts on large cetaceans through the use of near real-time
location monitoring and location information.
(c) Requirements.--The Program shall--
(1) prioritize species of large cetaceans for which impacts
from vessel collisions are of particular concern;
(2) prioritize areas where such impacts are of particular
concern;
(3) be capable of detecting and alerting ocean users and
enforcement agencies of the probable location of large cetaceans on
an actionable real-time basis, including through real-time data
whenever possible;
(4) inform sector-specific mitigation protocols to effectively
reduce takes (as defined in section 216.3 of title 50, Code of
Federal Regulations, or successor regulations) of large cetaceans;
(5) integrate technology improvements; and
(6) be informed by technologies, monitoring methods, and
mitigation protocols developed under the pilot project required
under subsection (d).
(d) Pilot Project.--
(1) Establishment.--In carrying out the Program, the Under
Secretary shall first establish a pilot monitoring and mitigation
project (referred to in this section as the ``pilot project'') for
North Atlantic right whales for the purposes of informing the
Program.
(2) Requirements.--In designing and deploying the pilot
project, the Under Secretary, in coordination with the heads of
other relevant Federal agencies, shall, using the best available
scientific information, identify and ensure coverage of--
(A) core foraging habitats; and
(B) important feeding, breeding, calving, rearing, or
migratory habitats of North Atlantic right whales that co-occur
with areas of high risk of mortality or serious injury of such
whales from vessels, vessel strikes, or disturbance.
(3) Components.--Not later than 3 years after the date of
enactment of this Act, the Under Secretary, in consultation with
relevant Federal agencies and Tribal governments, and with input
from affected stakeholders, shall design and deploy a near real-
time monitoring system for North Atlantic right whales that--
(A) comprises the best available detection power, spatial
coverage, and survey effort to detect and localize North
Atlantic right whales within habitats described in paragraph
(2);
(B) is capable of detecting North Atlantic right whales,
including visually and acoustically;
(C) uses dynamic habitat suitability models to inform the
likelihood of North Atlantic right whale occurrence habitats
described in paragraph (2) at any given time;
(D) coordinates with the Integrated Ocean Observing System
of the National Oceanic and Atmospheric Administration and
Regional Ocean Partnerships to leverage monitoring assets;
(E) integrates historical data;
(F) integrates new near real-time monitoring methods and
technologies as such methods and technologies become available;
(G) accurately verifies and rapidly communicates detection
data to appropriate ocean users;
(H) creates standards for contributing, and allows ocean
users to contribute, data to the monitoring system using
comparable near real-time monitoring methods and technologies;
(I) communicates the risks of injury to large cetaceans to
ocean users in a manner that is most likely to result in
informed decision-making regarding the mitigation of those
risks; and
(J) minimizes additional stressors to large cetaceans as a
result of the information available to ocean users.
(4) Reports.--
(A) Preliminary report.--
(i) In general.--Not later than 2 years after the date
of enactment of this Act, the Under Secretary shall submit
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Natural Resources of the
House of Representatives, and make available to the public,
a preliminary report on the pilot project.
(ii) Elements.--The report required under clause (i)
shall include the following:
(I) A description of the monitoring methods and
technology in use or planned for deployment under the
pilot project.
(II) An analysis of the efficacy of the methods and
technology in use or planned for deployment for
detecting North Atlantic right whales.
(III) An assessment of the manner in which the
monitoring system designed and deployed under this
subsection is directly informing and improving the
management, health, and survival of North Atlantic
right whales.
(IV) A prioritized identification of technology or
research gaps.
(V) A plan to communicate the risks of injury to
large cetaceans to ocean users in a manner that is most
likely to result in informed decision making regarding
the mitigation of such risks.
(VI) Any other information on the potential
benefits and efficacy of the pilot project the Under
Secretary considers appropriate.
(B) Final report.--
(i) In general.--Not later than 6 years after the date
of enactment of this Act, the Under Secretary, in
coordination with the heads of other relevant Federal
agencies, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Natural Resources of the House of Representatives, and
make available to the public, a final report on the pilot
project.
(ii) Elements.--The report required under clause (i)
shall--
(I) address the preliminary report required under
subparagraph (A); and
(II) include--
(aa) an assessment of the benefits and efficacy
of the pilot project;
(bb) a strategic plan to expand the pilot
project to provide near real-time monitoring and
mitigation measures--
(AA) to additional large cetaceans of
concern for which such measures would reduce
risk of serious injury or death; and
(BB) in important feeding, breeding,
calving, rearing, or migratory habitats of
large cetaceans that co-occur with areas of
high risk of mortality or serious injury from
vessel strikes or disturbance;
(cc) a budget and description of funds
necessary to carry out such plan;
(dd) a prioritized plan for acquisition,
deployment, and maintenance of monitoring
technologies; and
(ee) the locations or species to which such
plan would apply.
(e) Mitigation Protocols.--The Under Secretary, in consultation
with the Secretary, the Secretary of Defense, the Secretary of
Transportation, and the Secretary of the Interior, and with input from
affected stakeholders, shall develop and deploy mitigation protocols
that make use of any monitoring system designed and deployed under this
section to direct sector-specific mitigation measures that avoid and
significantly reduce risk of serious injury and mortality to North
Atlantic right whales.
(f) Access to Data.--The Under Secretary shall provide access to
data generated by any monitoring system designed and deployed under
this section for purposes of scientific research and evaluation and
public awareness and education, including through the Right Whale
Sighting Advisory System of the National Oceanic and Atmospheric
Administration and WhaleMap or other successor public website portals,
subject to review for national security considerations.
(g) Additional Authority.--The Under Secretary may enter into and
perform such contracts, leases, grants, or cooperative agreements as
may be necessary to carry out this section on such terms as the Under
Secretary considers appropriate, consistent with the Federal
Acquisition Regulation.
(h) Savings Clause.--An activity may not be carried out under this
section if the Secretary of Defense, in consultation with the Under
Secretary, determines that the activity would negatively impact the
defense readiness or the national security of the United States.
(i) Funding.--From funds otherwise appropriated to the Under
Secretary $5,000,000 is authorized to support development, deployment,
application, and ongoing maintenance of the Program and to otherwise
carry out this section for each of fiscal years 2023 through 2027.
SEC. 11304. PILOT PROGRAM TO ESTABLISH A CETACEAN DESK FOR PUGET SOUND
REGION.
(a) Establishment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, with the concurrence of the
Under Secretary, shall carry out a pilot program to establish a
Cetacean Desk, which shall be--
(A) located and manned within the Puget Sound Vessel
Traffic Service; and
(B) designed--
(i) to improve coordination with the maritime industry
to reduce the risk of vessel impacts on large cetaceans,
including impacts from vessel strikes, disturbances, and
other sources; and
(ii) to monitor the presence and location of large
cetaceans during the months during which such large
cetaceans are present in Puget Sound, the Strait of Juan de
Fuca, and the United States portion of the Salish Sea.
(2) Duration and staffing.--The pilot program required under
paragraph (1)--
(A) shall--
(i) be for a duration of 4 years; and
(ii) require not more than 1 full-time equivalent
position, who shall also contribute to other necessary
Puget Sound Vessel Traffic Service duties and
responsibilities as needed; and
(B) may be supported by other existing Federal employees,
as appropriate.
(b) Engagement With Vessel Operators.--
(1) In general.--In carrying out the pilot program required
under subsection (a), the Secretary shall require personnel of the
Cetacean Desk to engage with vessel operators in areas where large
cetaceans have been seen or could reasonably be present to ensure
compliance with applicable laws, regulations, and voluntary
guidance, to reduce the impact of vessel traffic on large
cetaceans.
(2) Contents.--In engaging with vessel operators as required
under paragraph (1), personnel of the Cetacean Desk shall
communicate where and when sightings of large cetaceans have
occurred.
(c) Memorandum of Understanding.--The Secretary and the Under
Secretary may enter into a memorandum of understanding to facilitate
real-time sharing of data relating to large cetaceans between the Quiet
Sound program of the State of Washington, the National Oceanic and
Atmospheric Administration, the Puget Sound Vessel Traffic Service, and
other relevant entities, as appropriate.
(d) Data.--The Under Secretary shall leverage existing data
collection methods, the program required by section 11303, and public
data to ensure accurate and timely information on the sighting of large
cetaceans.
(e) Consultations.--
(1) In general.--In carrying out the pilot program required
under subsection (a), the Secretary shall consult with Tribal
governments, the State of Washington, institutions of higher
education, the maritime industry, ports in the Puget Sound region,
and nongovernmental organizations.
(2) Coordination with canada.--When appropriate, the Secretary
shall coordinate with the Government of Canada, consistent with
policies and agreements relating to management of vessel traffic in
Puget Sound.
(f) Puget Sound Vessel Traffic Service Local Variance and Policy.--
The Secretary, with the concurrence of the Under Secretary and in
consultation with the Captain of the Port for the Puget Sound region--
(1) shall implement local variances, as authorized by
subsection (c) of section 70001 of title 46, United States Code, to
reduce the impact of vessel traffic on large cetaceans; and
(2) may enter into cooperative agreements, in accordance with
subsection (d) of such section, with Federal, State, Tribal, and
local officials to reduce the likelihood of vessel interactions
with protected large cetaceans, which may include--
(A) communicating marine mammal protection guidance to
vessels;
(B) training on requirements imposed by local, State,
Tribal, and Federal laws and regulations and guidelines
concerning--
(i) vessel buffer zones;
(ii) vessel speed;
(iii) seasonal no-go zones for vessels;
(iv) protected areas, including areas designated as
critical habitat, as applicable to marine operations; and
(v) any other activities to reduce the direct and
indirect impact of vessel traffic on large cetaceans;
(C) training to understand, utilize, and communicate large
cetacean location data; and
(D) training to understand and communicate basic large
cetacean detection, identification, and behavior, including--
(i) cues of the presence of large cetaceans such as
spouts, water disturbances, breaches, or presence of prey;
(ii) important feeding, breeding, calving, and rearing
habitats that co-occur with areas of high risk of vessel
strikes;
(iii) seasonal large cetacean migration routes that co-
occur with areas of high risk of vessel strikes; and
(iv) areas designated as critical habitat for large
cetaceans.
(g) Report Required.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter for the duration of
the pilot program, the Commandant, in coordination with the Under
Secretary and the Administrator of the Maritime Administration, shall
submit to the appropriate congressional committees a report that--
(1) evaluates the functionality, utility, reliability,
responsiveness, and operational status of the Cetacean Desk
established under this section, including a quantification of
reductions in vessel strikes to large cetaceans as a result of the
pilot program;
(2) assesses the efficacy of communication between the Cetacean
Desk and the maritime industry and provides recommendations for
improvements;
(3) evaluates the integration and interoperability of existing
data collection methods, as well as public data, into the Cetacean
Desk operations;
(4) assesses the efficacy of collaboration and stakeholder
engagement with Tribal governments, the State of Washington,
institutions of higher education, the maritime industry, ports in
the Puget Sound region, and nongovernmental organizations; and
(5) evaluates the progress, performance, and implementation of
guidance and training procedures for Puget Sound Vessel Traffic
Service personnel, as required under subsection (f).
SEC. 11305. MONITORING OCEAN SOUNDSCAPES.
(a) In General.--The Under Secretary shall maintain and expand an
ocean soundscape development program to--
(1) award grants to expand the deployment of Federal and non-
Federal observing and data management systems capable of collecting
measurements of underwater sound for purposes of monitoring and
analyzing baselines and trends in the underwater soundscape to
protect and manage marine life;
(2) continue to develop and apply standardized forms of
measurements to assess sounds produced by marine animals, physical
processes, and anthropogenic activities; and
(3) after coordinating with the Secretary of Defense,
coordinate and make accessible to the public the datasets, modeling
and analysis, and user-driven products and tools resulting from
observations of underwater sound funded through grants awarded
under paragraph (1).
(b) Coordination.--The program described in subsection (a) shall--
(1) include the Ocean Noise Reference Station Network of the
National Oceanic and Atmospheric Administration and the National
Park Service;
(2) use and coordinate with the Integrated Ocean Observing
System; and
(3) coordinate with the Regional Ocean Partnerships and the
Director of the United States Fish and Wildlife Service, as
appropriate.
(c) Priority.--In awarding grants under subsection (a), the Under
Secretary shall consider the geographic diversity of the recipients of
such grants.
(d) Savings Clause.--An activity may not be carried out under this
section if the Secretary of Defense, in consultation with the Under
Secretary, determines that the activity would negatively impact the
defense readiness or the national security of the United States.
(e) Funding.--From funds otherwise appropriated to the Under
Secretary, $1,500,000 is authorized for each of fiscal years 2023
through 2028 to carry out this section.
Subtitle B--Oil Spills
SEC. 11306. REPORT ON CHANGING SALVORS.
Section 311(c)(3) of the Federal Water Pollution Control Act (33
U.S.C. 1321(c)(3)) is amended by adding at the end the following:
``(C) In any case in which the President or the Federal On-
Scene Coordinator authorizes a deviation from the salvor as part of
a deviation under subparagraph (B) from the applicable response
plan required under subsection (j), the Commandant of the Coast
Guard shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
describing the deviation and the reasons for such deviation not
less than 3 days after such deviation is authorized.''.
SEC. 11307. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE
CONTRACTS.
(a) In General.--Subject to subsections (b) and (c), a contract
with the Coast Guard for the containment or removal of a discharge
entered into by the President under section 311(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(c)) shall contain a provision to
indemnify a contractor for liabilities and expenses incidental to the
containment or removal arising out of the performance of the contract
that is substantially identical to the terms contained in subsections
(d) through (h) of section H.4 (except for paragraph (1) of subsection
(d)) of the contract offered by the Coast Guard in the solicitation
numbered DTCG89-98- A-68F953, dated November 17, 1998.
(b) Requirements.--
(1) Source of funds.--The provision required under subsection
(a) shall include a provision that the obligation to indemnify is
limited to funds available in the Oil Spill Liability Trust Fund
established by section 9509(a) of the Internal Revenue Code of 1986
at the time the claim for indemnity is made.
(2) Uncompensated removal.--A claim for indemnity under a
contract described in subsection (a) shall be made as a claim for
uncompensated removal costs under section 1012(a)(4) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(4)).
(3) Limitation.--The total indemnity for a claim under a
contract described in subsection (a) may not be more than $50,000
per incident.
(c) Applicability of Exemptions.--Notwithstanding subsection (a),
the United States shall not be obligated to indemnify a contractor for
any act or omission of the contractor carried out pursuant to a
contract entered into under this section where such act or omission is
grossly negligent or which constitutes willful misconduct.
SEC. 11308. IMPROVING OIL SPILL PREPAREDNESS.
The Under Secretary of Commerce for Oceans and Atmosphere shall
include in the Automated Data Inquiry for Oil Spills database (or a
successor database) used by National Oceanic and Atmospheric
Administration oil weathering models new data, including peer-reviewed
data, on properties of crude and refined oils, including data on
diluted bitumen, as such data becomes publicly available.
SEC. 11309. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.
(a) Alaska Oil Spill Planning Criteria Program.--
(1) In general.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 323. Western Alaska Oil Spill Planning Criteria Program
``(a) Establishment.--There is established within the Coast Guard a
Western Alaska Oil Spill Planning Criteria Program (referred to in this
section as the `Program') to develop and administer the Western Alaska
oil spill planning criteria.
``(b) Program Manager.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Commandant shall select a permanent
civilian career employee through a competitive search process for a
term of not less than 5 years to serve as the Western Alaska Oil
Spill Criteria Program Manager (referred to in this section as the
`Program Manager')--
``(A) the primary duty of whom shall be to administer the
Program; and
``(B) who shall not be subject to frequent or routine
reassignment.
``(2) Conflicts of interest.--The individual selected to serve
as the Program Manager shall not have conflicts of interest
relating to entities regulated by the Coast Guard.
``(3) Duties.--
``(A) Development of guidance.--The Program Manager shall
develop guidance for--
``(i) approval, drills, and testing relating to the
Western Alaska oil spill planning criteria; and
``(ii) gathering input concerning such planning
criteria from Federal agencies, State and local
governments, Tribes, and relevant industry and
nongovernmental entities.
``(B) Assessments.--Not less frequently than once every 5
years, the Program Manager shall--
``(i) assess whether such existing planning criteria
adequately meet the needs of vessels operating in the
geographic area; and
``(ii) identify methods for advancing response
capability so as to achieve, with respect to a vessel,
compliance with national planning criteria.
``(C) Onsite verifications.--The Program Manager shall
address the relatively small number and limited nature of
verifications of response capabilities for vessel response
plans by increasing, within the Seventeenth Coast Guard
District, the quantity and frequency of onsite verifications of
the providers identified in vessel response plans.
``(c) Training.--The Commandant shall enhance the knowledge and
proficiency of Coast Guard personnel with respect to the Program by--
``(1) developing formalized training on the Program that, at a
minimum--
``(A) provides in-depth analysis of--
``(i) the national planning criteria described in part
155 of title 33, Code of Federal Regulations (as in effect
on the date of enactment of this section);
``(ii) alternative planning criteria;
``(iii) Western Alaska oil spill planning criteria;
``(iv) Captain of the Port and Federal On-Scene
Coordinator authorities related to activation of a vessel
response plan;
``(v) the responsibilities of vessel owners and
operators in preparing a vessel response plan for
submission; and
``(vi) responsibilities of the Area Committee,
including risk analysis, response capability, and
development of alternative planning criteria;
``(B) explains the approval processes of vessel response
plans that involve alternative planning criteria or Western
Alaska oil spill planning criteria; and
``(C) provides instruction on the processes involved in
carrying out the actions described in paragraphs (9)(D) and
(9)(F) of section 311(j) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(j)), including instruction on carrying out
such actions--
``(i) in any geographic area in the United States; and
``(ii) specifically in the Seventeenth Coast Guard
District; and
``(2) providing such training to all Coast Guard personnel
involved in the Program.
``(d) Definitions.--In this section:
``(1) Alternative planning criteria.--The term `alternative
planning criteria' means criteria submitted under section 155.1065
or 155.5067 of title 33, Code of Federal Regulations (as in effect
on the date of enactment of this section), for vessel response
plans.
``(2) Tribe.--The term `Tribe' has the meaning given the term
`Indian Tribe' in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(3) Vessel response plan.--The term `vessel response plan'
means a plan required to be submitted by the owner or operator of a
tank vessel or a nontank vessel under regulations issued by the
President under section 311(j)(5) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)(5)).
``(4) Western alaska oil spill planning criteria.--The term
`Western Alaska oil spill planning criteria' means the criteria
required to be established under paragraph (9) of section 311(j) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(j)).''.
(2) Clerical amendment.--The analysis for chapter 3 of title
14, United States Code, is amended by adding at the end the
following:
``323. Western Alaska Oil Spill Planning Criteria Program.''.
(b) Western Alaska Oil Spill Planning Criteria.--
(1) Amendment.--Section 311(j) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)) is amended by adding at the end the
following:
``(9) Western alaska oil spill planning criteria program.--
``(A) Definitions.--In this paragraph:
``(i) Alternative planning criteria.--The term
`alternative planning criteria' means criteria submitted
under section 155.1065 or 155.5067 of title 33, Code of
Federal Regulations (as in effect on the date of enactment
of this paragraph), for vessel response plans.
``(ii) Prince william sound captain of the port zone.--
The term `Prince William Sound Captain of the Port Zone'
means the area described in section 3.85-15(b) of title 33,
Code of Federal Regulations (or successor regulations).
``(iii) Secretary.--The term `Secretary' means the
Secretary of the department in which the Coast Guard is
operating.
``(iv) Vessel response plan.--The term `vessel response
plan' means a plan required to be submitted by the owner or
operator of a tank vessel or a nontank vessel under
regulations issued by the President under paragraph (5).
``(v) Western alaska captain of the port zone.--The
term `Western Alaska Captain of the Port Zone' means the
area described in section 3.85-15(a) of title 33, Code of
Federal Regulations (as in effect on the date of enactment
of this paragraph).
``(B) Requirement.--Except as provided in subparagraph (I),
for any part of the area of responsibility of the Western
Alaska Captain of the Port Zone or the Prince William Sound
Captain of the Port Zone for which the Secretary has determined
that the national planning criteria established pursuant to
this subsection are inappropriate for a vessel operating in
such area, a vessel response plan with respect to a discharge
of oil for such a vessel shall comply with the Western Alaska
oil spill planning criteria established under subparagraph
(D)(i).
``(C) Relation to national planning criteria.--The Western
Alaska oil spill planning criteria established under
subparagraph (D)(i) shall, with respect to a discharge of oil
from a vessel described in subparagraph (B), apply in lieu of
any alternative planning criteria accepted for vessels
operating, prior to the date on which the Western Alaska oil
spill planning criteria are established, in any part of the
area of responsibility of the Western Alaska Captain of the
Port Zone or the Prince William Sound Captain of the Port Zone
for which the Secretary has determined that the national
planning criteria established pursuant to this subsection are
inappropriate for a vessel operating in such area.
``(D) Establishment of western alaska oil spill planning
criteria.--
``(i) In general.--The President, acting through the
Commandant, in consultation with the Western Alaska Oil
Spill Criteria Program Manager selected under section 323
of title 14, United States Code, shall establish--
``(I) Western Alaska oil spill planning criteria
for a worst case discharge of oil, and a substantial
threat of such a discharge, within any part of the area
of responsibility of the Western Alaska Captain of the
Port Zone or Prince William Sound Captain of the Port
Zone for which the Secretary has determined that the
national planning criteria established pursuant to this
subsection are inappropriate for a vessel operating in
such area; and
``(II) standardized submission, review, approval,
and compliance verification processes for the Western
Alaska oil spill planning criteria established under
this clause, including the quantity and frequency of
drills and on-site verifications of vessel response
plans approved pursuant to such planning criteria.
``(ii) Development of subregions.--
``(I) Development.--After establishing the Western
Alaska oil spill planning criteria under clause (i),
and if necessary to adequately reflect the needs and
capabilities of various locations within the Western
Alaska Captain of the Port Zone, the President, acting
through the Commandant, and in consultation with the
Western Alaska Oil Spill Criteria Program Manager
selected under section 323 of title 14, United States
Code, may develop subregions for which planning
criteria may differ from planning criteria for other
subregions in the Western Alaska Captain of the Port
Zone.
``(II) Limitation.--Any planning criteria for a
subregion developed under this clause may not be less
stringent than the Western Alaska oil spill planning
criteria established under clause (i).
``(iii) Assessment.--
``(I) In general.--Prior to developing a subregion,
the President, acting through the Commandant, shall
conduct an assessment on any potential impacts to the
entire Western Alaska Captain of the Port Zone to
include quantity and availability of response resources
in the proposed subregion and in surrounding areas and
any changes or impacts to surrounding areas resulting
in the development of a subregion with different
standards.
``(II) Consultation.--In conducting an assessment
under this clause, the President, acting through the
Commandant, shall consult with State and local
governments, Tribes (as defined in section 323 of title
14, United States Code), the owners and operators that
would operate under the proposed subregions, oil spill
removal organizations, Alaska Native organizations, and
environmental nongovernmental organizations, and shall
take into account any experience with the prior use of
subregions within the State of Alaska.
``(III) Submission.--The President, acting through
the Commandant, shall submit the results of an
assessment conducted under this clause to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
``(E) Inclusions.--
``(i) Requirements.--The Western Alaska oil spill
planning criteria established under subparagraph (D)(i)
shall include planning criteria for the following:
``(I) Mechanical oil spill response resources that
are required to be located within any part of the area
of responsibility of the Western Alaska Captain of the
Port Zone or the Prince William Sound Captain of the
Port Zone for which the Secretary has determined that
the national planning criteria established pursuant to
this subsection are inappropriate for a vessel
operating in such area.
``(II) Response times for mobilization of oil spill
response resources and arrival on the scene of a worst
case discharge of oil, or substantial threat of such a
discharge, occurring within such part of such area.
``(III) Pre-identified vessels for oil spill
response that are capable of operating in the ocean
environment.
``(IV) Ensuring the availability of at least 1 oil
spill removal organization that is classified by the
Coast Guard and that--
``(aa) is capable of responding in all
operating environments in such part of such area;
``(bb) controls oil spill response resources of
dedicated and nondedicated resources within such
part of such area, through ownership, contracts,
agreements, or other means approved by the
President, sufficient--
``(AA) to mobilize and sustain a response
to a worst case discharge of oil; and
``(BB) to contain, recover, and temporarily
store discharged oil;
``(cc) has pre-positioned oil spill response
resources in strategic locations throughout such
part of such area in a manner that ensures the
ability to support response personnel, marine
operations, air cargo, or other related logistics
infrastructure;
``(dd) has temporary storage capability using
both dedicated and non-dedicated assets located
within such part of such area;
``(ee) has non-mechanical oil spill response
resources capable of responding to a discharge of
persistent oil and a discharge of nonpersistent
oil, whether the discharged oil was carried by a
vessel as fuel or cargo; and
``(ff) has wildlife response resources for
primary, secondary, and tertiary responses to
support carcass collection, sampling, deterrence,
rescue, and rehabilitation of birds, sea turtles,
marine mammals, fishery resources, and other
wildlife.
``(V) With respect to tank barges carrying
nonpersistent oil in bulk as cargo, oil spill response
resources that are required to be carried on board.
``(VI) Specifying a minimum length of time that
approval of a vessel response plan under this paragraph
is valid.
``(VII) Managing wildlife protection and
rehabilitation, including identified wildlife
protection and rehabilitation resources in that area.
``(ii) Additional considerations.--The Western Alaska
oil spill planning criteria established under subparagraph
(D)(i) may include planning criteria for the following:
``(I) Vessel routing measures consistent with
international routing measure deviation protocols.
``(II) Maintenance of real-time continuous vessel
tracking, monitoring, and engagement protocols with the
ability to detect and address vessel operation
anomalies.
``(F) Requirement for approval.--The President may approve
a vessel response plan for a vessel under this paragraph only
if the owner or operator of the vessel demonstrates the
availability of the oil spill response resources required to be
included in the vessel response plan under the Western Alaska
oil spill planning criteria established under subparagraph
(D)(i).
``(G) Periodic audits.--The Secretary shall conduct
periodic audits to ensure compliance of vessel response plans
and oil spill removal organizations within the Western Alaska
Captain of the Port Zone and the Prince William Sound Captain
of the Port Zone with the Western Alaska oil spill planning
criteria established under subparagraph (D)(i).
``(H) Review of determination.--Not less frequently than
once every 5 years, the Secretary shall review each
determination of the Secretary under subparagraph (B) that the
national planning criteria established pursuant to this
subsection are inappropriate for a vessel operating in the area
of responsibility of the Western Alaska Captain of the Port
Zone and the Prince William Sound Captain of the Port Zone.
``(I) Vessels in cook inlet.--Unless otherwise authorized
by the Secretary, a vessel may only operate in Cook Inlet,
Alaska, under a vessel response plan approved under paragraph
(5) that meets the requirements of the national planning
criteria established pursuant to this subsection.
``(J) Savings provisions.--Nothing in this paragraph
affects--
``(i) the requirements under this subsection applicable
to vessel response plans for vessels operating within the
area of responsibility of the Western Alaska Captain of the
Port Zone, within Cook Inlet, Alaska;
``(ii) the requirements under this subsection
applicable to vessel response plans for vessels operating
within the area of responsibility of the Prince William
Sound Captain of the Port Zone that are subject to section
5005 of the Oil Pollution Act of 1990 (33 U.S.C. 2735); or
``(iii) the authority of a Federal On-Scene Coordinator
to use any available resources when responding to an oil
spill.''.
(2) Establishment of western alaska oil spill planning
criteria.--
(A) Deadline.--Not later than 2 years after the date of
enactment of this Act, the President shall establish the
Western Alaska oil spill planning criteria required to be
established under paragraph (9)(D)(i) of section 311(j) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(j)).
(B) Consultation.--In establishing the Western Alaska oil
spill planning criteria described in subparagraph (A), the
President shall consult with the Federal agencies, State and
local governments, Tribes (as defined in section 323 of title
14, United States Code), the owners and operators that would be
subject to such planning criteria, oil spill removal
organizations, Alaska Native organizations, and environmental
nongovernmental organizations.
(C) Congressional report.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
Congress a report describing the status of implementation of
paragraph (9) of section 311(j) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)).
SEC. 11310. COAST GUARD CLAIMS PROCESSING COSTS.
Section 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(4)) is amended by striking ``damages;'' and inserting
``damages, including, in the case of a spill of national significance
that results in extraordinary Coast Guard claims processing activities,
the administrative and personnel costs of the Coast Guard to process
such claims (including the costs of commercial claims processing,
expert services, training, and technical services), subject to the
condition that the Coast Guard shall submit to Congress a report
describing each spill of national significance not later than 30 days
after the date on which the Coast Guard determines it necessary to
process such claims;''.
SEC. 11311. CALCULATION OF INTEREST ON DEBT OWED TO NATIONAL POLLUTION
FUND.
Section 1005(b)(4) of the Oil Pollution Act of 1990 (33 U.S.C.
2705(b)(4)) is amended--
(1) by striking ``The interest paid'' and inserting the
following:
``(A) In general.--The interest paid for claims, other than
Federal Government cost recovery claims,''; and
(2) by adding at the end the following:
``(B) Federal cost recovery claims.--The interest paid for
Federal Government cost recovery claims under this section
shall be calculated in accordance with section 3717 of title
31, United States Code.''.
SEC. 11312. PER-INCIDENT LIMITATION.
Subparagraph (A) of section 9509(c)(2) of the Internal Revenue Code
of 1986 is amended--
(1) in clause (i) by striking ``$1,000,000,000'' and inserting
``$1,500,000,000'';
(2) in clause (ii) by striking ``$500,000,000'' and inserting
``$750,000,000''; and
(3) in the heading by striking ``$1,000,000,000'' and inserting
``$1,500,000,000''.
SEC. 11313. ACCESS TO OIL SPILL LIABILITY TRUST FUND.
Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C. 2752) is
amended by striking subsection (b) and inserting the following:
``(b) Exceptions.--
``(1) In general.--Subsection (a) shall not apply to--
``(A) section 1006(f), 1012(a)(4), or 5006; or
``(B) an amount, which may not exceed $50,000,000 in any
fiscal year, made available by the President from the Fund--
``(i) to carry out section 311(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(c)); and
``(ii) to initiate the assessment of natural resources
damages required under section 1006.
``(2) Fund advances.--
``(A) In general.--To the extent that the amount described
in subparagraph (B) of paragraph (1) is not adequate to carry
out the activities described in such subparagraph, the Coast
Guard may obtain 1 or more advances from the Fund as may be
necessary, up to a maximum of $100,000,000 for each advance,
with the total amount of advances not to exceed the amounts
available under section 9509(c)(2) of the Internal Revenue Code
of 1986.
``(B) Notification to congress.--Not later than 30 days
after the date on which the Coast Guard obtains an advance
under subparagraph (A), the Coast Guard shall notify Congress
of--
``(i) the amount advanced; and
``(ii) the facts and circumstances that necessitated
the advance.
``(C) Repayment.--Amounts advanced under this paragraph
shall be repaid to the Fund when, and to the extent that,
removal costs are recovered by the Coast Guard from responsible
parties for the discharge or substantial threat of discharge.
``(3) Availability.--Amounts to which this subsection applies
shall remain available until expended.''.
SEC. 11314. COST-REIMBURSABLE AGREEMENTS.
Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is
amended--
(1) in subsection (a)(1)(B) by striking ``by a Governor or
designated State official'' and inserting ``by a State, a political
subdivision of a State, or an Indian tribe, pursuant to a cost-
reimbursable agreement'';
(2) by striking subsections (d) and (e) and inserting the
following:
``(d) Cost-Reimbursable Agreement.--
``(1) In general.--In carrying out section 311(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(c)), the
President may enter into cost-reimbursable agreements with a State,
a political subdivision of a State, or an Indian tribe to obligate
the Fund for the payment of removal costs consistent with the
National Contingency Plan.
``(2) Inapplicability.--Chapter 63 and section 1535 of title
31, United States Code shall not apply to a cost-reimbursable
agreement entered into under this subsection.''; and
(3) by redesignating subsections (f), (h), (i), (j), (k), and
(l) as subsections (e), (f), (g), (h), (i), and (j), respectively.
SEC. 11315. OIL SPILL RESPONSE REVIEW.
(a) In General.--Subject to the availability of appropriations, the
Commandant shall develop and carry out a program--
(1) to increase collection and improve the quality of incident
data on oil spill location and response capability by periodically
evaluating the data, documentation, and analysis of--
(A) Coast Guard-approved vessel response plans, including
vessel response plan audits and assessments;
(B) oil spill response drills conducted under section
311(j)(7) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(7)) that occur within the Marine Transportation System;
and
(C) responses to oil spill incidents that require
mobilization of contracted response resources;
(2) to improve the effectiveness of vessel response plans by--
(A) systematically reviewing the capacity of an oil spill
response organization identified in a vessel response plan to
provide the specific response resources, such as private
personnel, equipment, other vessels identified in such vessel
response plan; and
(B) approving a vessel response plan only after confirming
the identified oil spill response organization has the capacity
to provide such response resources;
(3) to update, not less frequently than annually, information
contained in the Coast Guard Response Resource Inventory and other
Coast Guard tools used to document the availability and status of
oil spill response equipment, so as to ensure that such information
remains current; and
(4) subject to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act''), to make
data collected under paragraph (1) available to the public.
(b) Policy.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall issue a policy--
(1) to establish processes to maintain the program under
subsection (a) and support Coast Guard oil spill prevention and
response activities, including by incorporating oil spill incident
data from after-action oil spill reports and data ascertained from
vessel response plan exercises and audits into--
(A) review and approval process standards and metrics;
(B) alternative planning criteria review processes;
(C) Area Contingency Plan development;
(D) risk assessments developed under section 70001 of title
46, United States Code, including lessons learned from
reportable marine casualties;
(E) processes and standards which mitigate the impact of
military personnel rotations in Coast Guard field units on
knowledge and awareness of vessel response plan requirements,
including knowledge relating to the evaluation of proposed
alternatives to national planning requirements; and
(F) processes and standards which evaluate the consequences
of reporting inaccurate data in vessel response plans submitted
to the Commandant pursuant to part 300 of title 40, Code of
Federal Regulations, and submitted for storage in the Marine
Information for Safety and Law Enforcement database pursuant to
section 300.300 of such title (or any successor regulation);
(2) to standardize and develop tools, training, and other
relevant guidance that may be shared with vessel owners and
operators to assist with accurately calculating and measuring the
performance and viability of proposed alternatives to national
planning criteria requirements and Area Contingency Plans
administered by the Coast Guard;
(3) to improve training of Coast Guard personnel to ensure
continuity of planning activities under this section, including by
identifying ways in which civilian staffing may improve the
continuity of operations; and
(4) to increase Federal Government engagement with State,
local, and Tribal governments and stakeholders so as to strengthen
coordination and efficiency of oil spill responses.
(c) Periodic Updates.--Not less frequently than every 5 years, the
Commandant shall update the processes established under subsection
(b)(1) to incorporate relevant analyses of--
(1) incident data on oil spill location and response quality;
(2) oil spill risk assessments;
(3) oil spill response effectiveness and the effects of such
response on the environment;
(4) oil spill response drills conducted under section 311(j)(7)
of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(7));
(5) marine casualties reported to the Coast Guard; and
(6) near miss incidents documented by a vessel traffic service
center (as such terms are defined in sections 70001(m) of title 46,
United States Code).
(d) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 5 years, the
Commandant shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a briefing on
the status of ongoing and planned efforts to improve the
effectiveness and oversight of the program established under
subsection (a) and vessel response plan approvals.
(2) Public availability.--The Commandant shall publish the
briefing required under paragraph (1) on a publicly accessible
website of the Coast Guard.
SEC. 11316. ADDITIONAL EXCEPTIONS TO REGULATIONS FOR TOWING VESSELS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall review existing Coast Guard
policies with respect to exceptions to the applicability of subchapter
M of chapter I of title 46, Code of Federal Regulations (or successor
regulations), for--
(1) an oil spill response vessel, or a vessel of opportunity,
while such vessel is--
(A) towing boom for oil spill response; or
(B) participating in an oil response exercise; and
(2) a fishing vessel while that vessel is operating as a vessel
of opportunity.
(b) Policy.--Not later than 180 days after the conclusion of the
review required under subsection (a), the Secretary shall revise or
issue any necessary policy to clarify the applicability of subchapter M
of chapter I of title 46, Code of Federal Regulations (or successor
regulations) to the vessels described in subsection (a). Such a policy
shall ensure safe and effective operation of such vessels.
(c) Definitions.--In this section:
(1) Fishing vessel; oil spill response vessel.--The terms
``fishing vessel'' and ``oil spill response vessel'' have the
meanings given such terms in section 2101 of title 46, United
States Code.
(2) Vessel of opportunity.--The term ``vessel of opportunity''
means a vessel engaged in spill response activities that is
normally and substantially involved in activities other than spill
response and not a vessel carrying oil as a primary cargo.
SEC. 11317. PORT COORDINATION COUNCIL FOR POINT SPENCER.
Section 541 of the Coast Guard Authorization Act of 2016 (Public
Law 114-120) is amended--
(1) in subsection (b)(2) by striking ``BSNC'' and inserting the
following: ``BSNC (to serve as Council Chair).
``(3) The Denali Commission.
``(4) An oil spill removal organization that serves the area in
which such Port is located.
``(5) A salvage and marine firefighting organization that
serves the area in which such Port is located.''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking the semicolon and
inserting ``; and'';
(ii) by striking ``; and'' and inserting the following:
``at Point Spencer in support of the activities for which
Congress finds a compelling need in section 531 of this
subtitle.''; and
(iii) by striking subparagraph (D); and
(B) by striking paragraph (3) and inserting the following:
``(3) Facilitate coordination among members of the Council on
the development and use of the land and coastline of Point Spencer,
as such development and use relate to activities of the Council at
the Port of Point Spencer.''.
Subtitle C--Environmental Compliance
SEC. 11318. PROVIDING REQUIREMENTS FOR VESSELS ANCHORED IN ESTABLISHED
ANCHORAGE GROUNDS.
(a) In General.--Subchapter I of chapter 700 of title 46, United
States Code, is amended by adding at the end the following:
``Sec. 70007. Anchorage grounds
``(a) Anchorage Grounds.--
``(1) Establishment.--The Secretary of the department in which
the Coast Guard is operating shall define and establish anchorage
grounds in the navigable waters of the United States for vessels
operating in such waters.
``(2) Relevant factors for establishment.--In carrying out
paragraph (1), the Secretary shall take into account all relevant
factors concerning navigational safety, protection of the marine
environment, proximity to undersea pipelines and cables, safe and
efficient use of Marine Transportation System, and national
security.
``(b) Vessel Requirements.--Vessels, of certain sizes or type
determined by the Secretary, shall--
``(1) set and maintain an anchor alarm for the duration of an
anchorage;
``(2) comply with any directions or orders issued by the
Captain of the Port; and
``(3) comply with any applicable anchorage regulations.
``(c) Prohibitions.--A vessel may not--
``(1) anchor in any Federal navigation channel unless
authorized or directed to by the Captain of the Port;
``(2) anchor in near proximity, within distances determined by
the Coast Guard, to an undersea pipeline or cable, unless
authorized or directed to by the Captain of the Port; and
``(3) anchor or remain anchored in an anchorage ground during
any period in which the Captain of the Port orders closure of the
anchorage ground due to inclement weather, navigational hazard, a
threat to the environment, or other safety or security concern.
``(d) Safety Exception.--Nothing in this section shall be construed
to prevent a vessel from taking actions necessary to maintain the
safety of the vessel or to prevent the loss of life or property.''.
(b) Regulatory Review.--
(1) Review required.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall review existing
policies, final agency actions, regulations, or other rules
relating to anchorage promulgated under section 70006 of title 46,
United States Code and--
(A) identify any such regulations or rules that may need
modification or repeal--
(i) in the interest of marine safety, security, and
environmental concerns, taking into account undersea
pipelines, cables, or other infrastructure; or
(ii) to implement the amendments made by this section;
and
(B) complete a cost-benefit analysis for any modification
or repeal identified under paragraph (1).
(2) Briefing.--Upon completion of the review under paragraph
(1), but not later than 2 years after the date of enactment of this
Act, the Secretary shall provide a briefing to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that summarizes such review.
(c) Savings Clause.--Nothing in this section shall limit any
authority available, as of the date of enactment of this Act, to the
captain of a port with respect to safety measures or any other
authority as necessary for the safety of vessels located in anchorage
grounds in the navigable waters of the United States.
(d) Clerical Amendment.--The analysis for chapter 700 of title 46,
United States Code, is amended by inserting after the item relating to
section 70006 the following:
``70007. Anchorage grounds.''.
(e) Applicability of Regulations.--The amendments made by
subsection (a) may not be construed to alter any existing rules,
regulations, or final agency actions issued under section 70006 of
title 46, United States Code, as in effect on the day before the date
of enactment of this Act, until all regulations required under
subsection (b) take effect.
SEC. 11319. STUDY ON IMPACTS ON SHIPPING AND COMMERCIAL, TRIBAL, AND
RECREATIONAL FISHERIES FROM DEVELOPMENT OF RENEWABLE ENERGY ON WEST
COAST.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Secretary, the Secretary of the Interior, and the Under
Secretary of Commerce for Oceans and Atmosphere, shall seek to enter
into an agreement with the National Academies of Science, Engineering,
and Medicine under which the National Academy of Sciences, Engineering,
and Medicine shall carry out a study to--
(1) identify, document, and analyze--
(A) historic and current, as of the date of the study,
Tribal, commercial, and recreational fishing grounds, as well
as areas where fish stocks are likely to shift in the future in
all covered waters;
(B) usual and accustomed fishing areas in all covered
waters;
(C) historic, current, and potential future shipping lanes,
based on projected growth in shipping traffic in all covered
waters;
(D) current and expected Coast Guard operations relevant to
commercial fishing activities, including search and rescue,
radar, navigation, communications, and safety within and near
renewable energy sites; and
(E) key types of data needed to properly site renewable
energy sites on the West Coast, with regard to assessing and
mitigating conflicts;
(2) analyze--
(A) methods used to manage fishing, shipping, and other
maritime activities; and
(B) potential future interactions between such activities
and the placement of renewable energy infrastructure and the
associated construction, maintenance, and operation of such
infrastructure, including potential benefits and methods of
mitigating adverse impacts; and
(3) review the current decision-making process for offshore
wind in covered waters, and outline recommendations for
governmental consideration of all impacted coastal communities,
particularly Tribal governments and fisheries communities, in the
decision-making process for offshore wind in covered waters,
including recommendations for--
(A) ensuring the appropriate governmental consideration of
potential benefits of offshore wind in covered waters; and
(B) risk reduction and mitigation of adverse impacts on
Coast Guard operations relevant to commercial fishing
activities.
(b) Submission.--Not later than 1 year after commencing the study
under subsection (a), the Secretary shall--
(1) submit the study to the Committees on Commerce, Science,
and Transportation, and Energy and Natural Resources of the Senate
and the Committees on Transportation and Infrastructure, Natural
Resources, and Energy and Commerce of the House of Representatives,
including the review and outline provided under subsection (a)(3);
and
(2) make the study publicly available.
(c) Definitions.--In this section:
(1) Covered waters.--The term ``covered waters'' means Federal
or State waters off of the Canadian border and out to the furthest
extent of the exclusive economic zone along the West Coast of the
United States.
(2) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given such term in section 107 of title 46,
United States Code.
SEC. 11320. USE OF DEVICES BROADCASTING ON AIS FOR PURPOSES OF MARKING
FISHING GEAR.
The Secretary shall, within the Eleventh Coast Guard District,
Thirteenth Coast Guard District, Fourteenth Coast Guard District, and
Seventeenth Coast Guard District, suspend enforcement of individuals
using automatic identification systems devices to mark fishing
equipment during the period beginning on the date of enactment of this
Act and ending on the earlier of--
(1) the date that is 2 years after such date of enactment; or
(2) the date on which the Federal Communications Commission
promulgates a final rule to authorize a device used to mark fishing
equipment to operate in radio frequencies assigned for Automatic
Identification System stations.
Subtitle D--Environmental Issues
SEC. 11321. NOTIFICATION OF COMMUNICATION OUTAGES.
(a) Upgrades to Rescue 21 System in Alaska.--Not later than August
30, 2023, the Commandant shall ensure the timely upgrade of the Rescue
21 system in Alaska so as to achieve 98 percent operational
availability of remote fixed facility sites.
(b) Plan to Reduce Outages.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall develop an operations
and maintenance plan for the Rescue 21 system in Alaska that
anticipates maintenance needs so as to reduce Rescue 21 system
outages to the maximum extent practicable.
(2) Public availability.--The plan required under paragraph (1)
shall be made available to the public on a publicly accessible
website.
(c) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report that--
(1) contains a plan for the Coast Guard to notify mariners of
radio outages for towers owned and operated by the Seventeenth
Coast Guard District;
(2) addresses in such plan how the Seventeenth Coast Guard
will--
(A) disseminate updates regarding outages on social media
not less frequently than every 48 hours;
(B) provide updates on a publicly accessible website not
less frequently than every 48 hours;
(C) develop methods for notifying mariners in areas in
which cellular connectivity does not exist; and
(D) develop and advertise a web-based communications update
hub on AM/FM radio for mariners; and
(3) identifies technology gaps that need to be mitigated in
order to implement the plan and provides a budgetary assessment
necessary to implement the plan.
(d) Contingency Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall, in collaboration with
relevant Federal, State, Tribal, and other relevant entities
(including the North Pacific Fishery Management Council, the
National Oceanic and Atmospheric Administration Weather Service,
the National Oceanic and Atmospheric Administration Fisheries
Service, agencies of the State of Alaska, local radio stations, and
stakeholders), establish a contingency plan to ensure that
notifications of an outage of the Rescue 21 system in Alaska are
broadly disseminated in advance of such an outage.
(2) Elements.--The contingency plan required under paragraph
(1) shall require the Coast Guard to--
(A) disseminate updates regarding outages of the Rescue 21
system in Alaska on social media not less frequently than every
48 hours during an outage;
(B) provide updates on a publicly accessible website not
less frequently than every 48 hours during an outage;
(C) notify mariners in areas in which cellular connectivity
does not exist;
(D) develop and advertise a web-based communications update
hub on AM/FM radio for mariners; and
(E) identify technology gaps necessary to implement the
plan and provides a budgetary assessment necessary to implement
the plan.
SEC. 11322. IMPROVEMENTS TO COMMUNICATION WITH FISHING INDUSTRY AND
RELATED STAKEHOLDERS.
(a) In General.--The Commandant, in coordination with the National
Commercial Fishing Safety Advisory Committee established by section
15102 of title 46, United States Code, shall develop a publicly
accessible website that contains all information related to fishing
industry activities, including vessel safety, inspections, enforcement,
hazards, training, regulations (including proposed regulations),
outages of the Rescue 21 system in Alaska and similar outages, and any
other fishing-related activities.
(b) Automatic Communications.--The Commandant shall provide methods
for regular and automatic email communications with stakeholders who
elect, through the website developed under subsection (a), to receive
such communications.
SEC. 11323. ADVANCE NOTIFICATION OF MILITARY OR OTHER EXERCISES.
In consultation with the Secretary of Defense, the Secretary of
State, and commercial fishing industry participants, the Commandant
shall develop and publish on a publicly available website a plan for
notifying United States mariners and the operators of United States
fishing vessels in advance of--
(1) military exercises in the exclusive economic zone (as
defined in section 3 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1802)); or
(2) other military activities that will impact recreational or
commercial activities.
SEC. 11324. MODIFICATIONS TO SPORT FISH RESTORATION AND BOATING TRUST
FUND ADMINISTRATION.
(a) Dingell-Johnson Sport Fish Restoration Act Amendments.--
(1) Available amounts.--Section 4(b)(1)(B)(i) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)(1)(B)(i)) is
amended to read as follows:
``(i) for the fiscal year that includes November 15,
2021, the product obtained by multiplying--
``(I) $12,786,434; and
``(II) the change, relative to the preceding fiscal
year, in the Consumer Price Index for All Urban
Consumers published by the Department of Labor; and''.
(2) Authorized expenses.--Section 9(a) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777h(a)) is amended--
(A) in paragraph (7) by striking ``full-time''; and
(B) in paragraph (9) by striking ``on a full-time basis''.
(b) Pittman-Robertson Wildlife Restoration Act Amendments.--
(1) Available amounts.--Section 4(a)(1)(B)(i) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669c(a)(1)(B)(i)) is
amended to read as follows:
``(i) for the fiscal year that includes November 15,
2021, the product obtained by multiplying--
``(I) $12,786,434; and
``(II) the change, relative to the preceding fiscal
year, in the Consumer Price Index for All Urban
Consumers published by the Department of Labor; and''.
(2) Authorized expenses.--Section 9(a) of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669h(a)) is amended--
(A) in paragraph (7) by striking ``full-time''; and
(B) in paragraph (9) by striking ``on a full-time basis''.
SEC. 11325. LOAD LINES.
(a) Application to Certain Vessels.--During the period beginning on
the date of enactment of this Act and ending on the date that is 3
years after the date on which the report required under subsection (b)
is submitted, the load line requirements of chapter 51 of title 46,
United States Code, shall not apply to covered fishing vessels.
(b) GAO Report.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives--
(A) a report on the safety and seaworthiness of vessels
described in section 5102(b)(5) of title 46, United States
Code; and
(B) recommendations for exempting certain vessels from the
load line requirements under chapter 51 of title 46 of such
Code.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) An assessment of stability requirements of vessels
referenced in section 5102(b)(5) of title 46, United States
Code.
(B) An analysis of vessel casualties, mishaps, or other
safety information relevant to load line requirements when a
vessel is operating part-time as a fish tender vessel.
(C) An assessment of any other safety information as the
Comptroller General determines appropriate.
(D) A list of all vessels that, as of the date of the
report--
(i) are covered under section 5102(b)(5) of title 46,
United States Code;
(ii) are acting as part-time fish tender vessels; and
(iii) are subject to any captain of the port zone
subject to the oversight of the Commandant.
(3) Consultation.--In preparing the report required under
paragraph (1), the Comptroller General shall consider consultation
with, at a minimum, the maritime industry, including--
(A) relevant Federal, State, and Tribal maritime
associations and groups; and
(B) relevant federally funded research institutions,
nongovernmental organizations, and academia.
(c) Savings Clause.--Nothing in this section shall limit any
authority available, as of the date of enactment of this Act, to the
captain of a port with respect to safety measures or any other
authority as necessary for the safety of covered fishing vessels.
(d) Definition of Covered Fishing Vessel.--In this section, the
term ``covered fishing vessel'' means a vessel that operates
exclusively in one, or both, of the Thirteenth and Seventeenth Coast
Guard Districts and that--
(1) was constructed, under construction, or under contract to
be constructed as a fish tender vessel before January 1, 1980;
(2) was converted for use as a fish tender vessel before
January 1, 2022, and--
(A) has a valid stability letter issued in accordance with
regulations prescribed under chapter 51 of title 46, United
States Code; and
(B) the hull and internal structure of the vessel has been
verified as suitable for intended service as examined by a
marine surveyor of an organization accepted by the Secretary
two times in the past five years with no interval of more than
three years between such examinations; or
(3) operates part-time as a fish tender vessel for a period of
less than 180 days.
SEC. 11326. ACTIONS BY NATIONAL MARINE FISHERIES SERVICE TO INCREASE
ENERGY PRODUCTION.
(a) In General.--The National Marine Fisheries Service shall,
immediately upon the enactment of this Act, take action to address the
outstanding backlog of letters of authorization for the Gulf of Mexico.
(b) Sense of Congress.--It is the sense of Congress that the
National Marine Fisheries Service should--
(1) take immediate action to issue a rule that allows the
Service to approve outstanding and future applications for letters
of authorization consistent with the permitting activities of the
Service; and
(2) on or after the effective date of such rule, prioritize the
consideration of applications in a manner that is consistent with
applicable Federal law.
SEC. 11327. AQUATIC NUISANCE SPECIES TASK FORCE.
(a) Recreational Vessel Defined.--Section 1003 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is
amended--
(1) by redesignating paragraphs (13) through (17) as paragraphs
(15) through (19), respectively; and
(2) by inserting after paragraph (12) the following:
``(13) `State' means each of the several States, the District
of Columbia, American Samoa, Guam, Puerto Rico, the Northern
Mariana Islands, and the Virgin Islands of the United States;
``(14) `recreational vessel' has the meaning given that term in
section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362);''.
(b) Observers.--Section 1201 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721) is amended by
adding at the end the following:
``(g) Observers.--The chairpersons designated under subsection (d)
may invite representatives of nongovernmental entities to participate
as observers of the Task Force.''.
(c) Aquatic Nuisance Species Task Force.--Section 1201(b) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4721(b)) is amended--
(1) in paragraph (6) by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (10); and
(3) by inserting after paragraph (6) the following:
``(7) the Director of the National Park Service;
``(8) the Director of the Bureau of Land Management;
``(9) the Commissioner of Reclamation; and''.
(d) Aquatic Nuisance Species Program.--Section 1202 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4722) is amended--
(1) in subsection (e) by adding at the end the following:
``(4) Technical assistance and recommendations.--The Task Force
may provide technical assistance and recommendations for best
practices to an agency or entity engaged in vessel inspections or
decontaminations for the purpose of--
``(A) effectively managing and controlling the movement of
aquatic nuisance species into, within, or out of water of the
United States; and
``(B) inspecting recreational vessels in a manner that
minimizes disruptions to public access for boating and
recreation in non-contaminated vessels.
``(5) Consultation and input.--In carrying out paragraph (4),
including the development of recommendations, the Task Force may
consult with Indian Tribes and solicit input from--
``(A) State and Tribal fish and wildlife management
agencies;
``(B) other State and Tribal agencies that manage fishery
resources of the State or sustain fishery habitat; and
``(C) relevant nongovernmental entities.''; and
(2) in subsection (k) by adding at the end the following:
``(3) Not later than 90 days after the date of enactment of the
Don Young Coast Guard Authorization Act of 2022, the Task Force
shall submit a report to Congress recommending legislative,
programmatic, or regulatory changes to eliminate remaining gaps in
authorities between members of the Task Force to effectively manage
and control the movement of aquatic nuisance species.''.
(e) Technical Corrections and Conforming Amendments.--The
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4701 et seq.) is further amended--
(1) in section 1002(b)(2) by inserting a comma after
``funded'';
(2) in section 1003 in paragraph (7) by striking ``Canandian''
and inserting ``Canadian'';
(3) in section 1203(a)--
(A) in paragraph (1)(F) by inserting ``and'' after
``research,''; and
(B) in paragraph (3) by striking ``encourage'' and
inserting ``encouraged'';
(4) in section 1204(b)(4) in the paragraph heading by striking
``Adminisrative'' and inserting ``Administrative''; and
(5) in section 1209 by striking ``subsection (a)'' and
inserting ``section 1202(a)''.
SEC. 11328. SAFETY STANDARDS.
(a) In General.--Section 4502 of title 46, United States Code, is
amended--
(1) in subsection (i)(4) by striking ``each of fiscal years
2018 through 2021'' and inserting ``fiscal year 2023''; and
(2) in subsection (j)(4) by striking ``each of fiscal years
2018 through 2021'' and inserting ``fiscal year 2023''.
(b) Authorization of Appropriations.--Section 9 of the Maritime
Debris Act (33 U.S.C. 1958) is amended--
(1) in subsection (a) by striking ``each of fiscal years 2018
through 2022'' and inserting ``fiscal year 2023''; and
(2) in subsection (b) by striking ``2702(1)'' and inserting
``4902(1)''.
Subtitle E--Illegal Fishing and Forced Labor Prevention
SEC. 11329. DEFINITIONS.
In this subtitle:
(1) Forced labor.--The term ``forced labor'' means any labor or
service provided for or obtained by any means described in section
1589(a) of title 18, United States Code.
(2) Human trafficking.--The term ``human trafficking'' has the
meaning given the term ``severe forms of trafficking in persons''
in section 103 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102).
(3) Illegal, unreported, or unregulated fishing.--The term
``illegal, unreported, or unregulated fishing'' has the meaning
given such term in the implementing regulations or any subsequent
regulations issued pursuant to section 609(e) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)).
(4) Oppressive child labor.--The term ``oppressive child
labor'' has the meaning given such term in section 3 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203).
(5) Seafood.--The term ``seafood'' means all marine animal and
plant life meant for consumption as food other than marine mammals
and birds, including fish, shellfish, shellfish products, and
processed fish.
(6) Seafood import monitoring program.--The term ``Seafood
Import Monitoring Program'' means the Seafood Traceability Program
established in subpart Q of part 300 of title 50, Code of Federal
Regulations (or any successor regulation).
(7) Secretary.--The term ``Secretary'' means the Secretary of
Commerce, acting through the Under Secretary of Commerce for Oceans
and Atmosphere.
CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT
MONITORING
SEC. 11330. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM MESSAGE
SET IN AUTOMATED COMMERCIAL ENVIRONMENT SYSTEM.
The Secretary, in coordination with the Commissioner of U.S.
Customs and Border Protection, shall, not later than 6 months after the
date of enactment of this Act, develop a strategy to improve the
quality and verifiability of already collected Seafood Import
Monitoring Program Message Set data elements in the Automated
Commercial Environment system. Such strategy shall prioritize the use
of enumerated data types, such as checkboxes, dropdown menus, or radio
buttons, and any additional elements the Administrator of the National
Oceanic and Atmospheric Administration finds appropriate.
SEC. 11331. DATA SHARING AND AGGREGATION.
(a) Interagency Working Group on Illegal, Unreported, or
Unregulated Fishing.--Section 3551(c) of the Maritime SAFE Act (16
U.S.C. 8031(c)) is amended--
(1) by redesignating paragraphs (4) through (13) as paragraphs
(5) through (14), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) maximizing the utility of the import data collected by
the members of the Working Group by harmonizing data standards and
entry fields;''.
(b) Prohibition on Aggregated Catch Data for Certain Species.--
Beginning not later than 1 year after the date of enactment of this
Act, for the purposes of compliance with respect to Northern red
snapper under the Seafood Import Monitoring Program, the Secretary may
not allow an aggregated harvest report of such species, regardless of
vessel size.
SEC. 11332. IMPORT AUDITS.
(a) Audit Procedures.--The Secretary shall, not later than 1 year
after the date of enactment of this Act, implement procedures to audit
information and supporting records of sufficient numbers of imports of
seafood and seafood products subject to the Seafood Import Monitoring
Program to support statistically robust conclusions that the samples
audited are representative of all seafood imports covered by the
Seafood Import Monitoring Program with respect to a given year.
(b) Expansion of Marine Forensics Laboratory.--The Secretary shall,
not later than 1 year after the date of enactment of this Act, begin
the process of expanding the National Oceanic and Atmospheric
Administration's Marine Forensics Laboratory, including by establishing
sufficient capacity for the development and deployment of rapid, and
follow-up, analysis of field-based tests focused on identifying Seafood
Import Monitoring Program species, and prioritizing such species at
high risk of illegal, unreported, or unregulated fishing and seafood
fraud.
(c) Annual Revision.--In developing the procedures required in
subsection (a), the Secretary shall use predictive analytics to inform
whether to revise such procedures to prioritize for audit those imports
originating from nations--
(1) identified pursuant to section 609(a) or 610(a) of the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)
or 1826k(a)) that have not yet received a subsequent positive
certification pursuant to section 609(d) or 610(c) of such Act,
respectively;
(2) identified by an appropriate regional fishery management
organization as being the flag state or landing location of vessels
identified by other nations or regional fisheries management
organizations as engaging in illegal, unreported, or unregulated
fishing;
(3) identified as having human trafficking or forced labor in
any part of the seafood supply chain, including on vessels flagged
in such nation, and including feed for cultured production, in the
most recent Trafficking in Persons Report issued by the Department
of State in accordance with the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7101 et seq.);
(4) identified as producing goods that contain seafood using
forced labor or oppressive child labor in the most recent List of
Goods Produced by Child Labor or Forced Labor in accordance with
the Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.);
and
(5) identified as at risk for human trafficking, including
forced labor, in their seafood catching and processing industries
by the report required under section 3563 of the Maritime SAFE Act
(Public Law 116-92).
SEC. 11333. AVAILABILITY OF FISHERIES INFORMATION.
Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a(b)(1)) is amended--
(1) in subparagraph (G) by striking ``or'' after the semicolon;
(2) in subparagraph (H) by striking the period at the end of
such subparagraph and inserting ``; or''; and
(3) by adding at the end the following:
``(I) to Federal agencies, to the extent necessary and
appropriate, to administer Federal programs established to
combat illegal, unreported, or unregulated fishing or forced
labor (as such terms are defined in section 11329 of the Don
Young Coast Guard Authorization Act of 2022), which shall not
include an authorization for such agencies to release data to
the public unless such release is related to enforcement.''.
SEC. 11334. REPORT ON SEAFOOD IMPORT MONITORING PROGRAM.
(a) Report to Congress and Public Availability of Reports.--The
Secretary shall, not later than 120 days after the end of each fiscal
year, submit to the Committee on Commerce, Science, and Transportation
and the Committee on Finance of the Senate and the Committee on Natural
Resources and the Committee on Financial Services of the House of
Representatives a report that summarizes the National Marine Fisheries
Service's efforts to prevent the importation of seafood harvested
through illegal, unreported, or unregulated fishing, particularly with
respect to seafood harvested, produced, processed, or manufactured by
forced labor. Each such report shall be made publicly available on the
website of the National Oceanic and Atmospheric Administration.
(b) Contents.--Each report submitted under subsection (a) shall
include--
(1) the volume and value of seafood species subject to the
Seafood Import Monitoring Program, reported by 10-digit Harmonized
Tariff Schedule of the United States codes, imported during the
previous fiscal year;
(2) the enforcement activities and priorities of the National
Marine Fisheries Service with respect to implementing the
requirements under the Seafood Import Monitoring Program;
(3) the percentage of import shipments subject to the Seafood
Import Monitoring Program selected for inspection or the
information or records supporting entry selected for audit, as
described in section 300.324(d) of title 50, Code of Federal
Regulations;
(4) the number and types of instances of noncompliance with the
requirements of the Seafood Import Monitoring Program;
(5) the number and types of instances of violations of State or
Federal law discovered through the Seafood Import Monitoring
Program;
(6) the seafood species with respect to which violations
described in paragraphs (4) and (5) were most prevalent;
(7) the location of catch or harvest with respect to which
violations described in paragraphs (4) and (5) were most prevalent;
(8) the additional tools, such as high performance computing
and associated costs, that the Secretary needs to improve the
efficacy of the Seafood Import Monitoring Program; and
(9) such other information as the Secretary considers
appropriate with respect to monitoring and enforcing compliance
with the Seafood Import Monitoring Program.
SEC. 11335. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commissioner of U.S.
Customs and Border Protection to carry out enforcement actions pursuant
to section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) $20,000,000
for each of fiscal years 2023 through 2027.
CHAPTER 2--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT
HUMAN TRAFFICKING
SEC. 11336. DENIAL OF PORT PRIVILEGES.
Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement
Act (16 U.S.C. 1826a(a)(2)) is amended to read as follows:
``(2) Denial of port privileges.--The Secretary of Homeland
Security shall, in accordance with international law--
``(A) withhold or revoke the clearance required by section
60105 of title 46, United States Code, for any large-scale
driftnet fishing vessel of a nation that receives a negative
certification under section 609(d) or 610(c) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)
or 1826k(c)), or fishing vessels of a nation that has been
listed pursuant to section 609(b) or section 610(a) of such Act
(16 U.S.C. 1826j(b) or 1826k(a)) in 2 or more consecutive
reports for the same type of fisheries activity, as described
under section 607 of such Act (16 U.S.C. 1826h), until a
positive certification has been received;
``(B) withhold or revoke the clearance required by section
60105 of title 46, United States Code, for fishing vessels of a
nation that has been listed pursuant to section 609(a) or
610(a) of the High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826j(a) or 1826k(a)) in 2 or more consecutive
reports as described under section 607 of such Act (16 U.S.C.
1826h); and
``(C) deny entry of that vessel to any place in the United
States and to the navigable waters of the United States, except
for the purposes of inspecting such vessel, conducting an
investigation, or taking other appropriate enforcement
action.''.
SEC. 11337. IDENTIFICATION AND CERTIFICATION CRITERIA.
(a) Denial of Port Privileges.--Section 609(a) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)) is
amended--
(1) by striking paragraph (2) and inserting the following:
``(2) For actions of a nation.--The Secretary shall identify,
and list in such report, a nation engaging in or endorsing illegal,
unreported, or unregulated fishing. In determining which nations to
list in such report, the Secretary shall consider the following:
``(A) Any nation that is violating, or has violated at any
point during the 3 years preceding the date of the
determination, conservation and management measures, including
catch and other data reporting obligations and requirements,
required under an international fishery management agreement to
which the United States is a party.
``(B) Any nation that is failing, or has failed in the 3-
year period preceding the date of the determination, to
effectively address or regulate illegal, unreported, or
unregulated fishing within its fleets in any areas where its
vessels are fishing.
``(C) Any nation that fails to discharge duties incumbent
upon it under international law or practice as a flag, port, or
coastal state to take action to prevent, deter, and eliminate
illegal, unreported, or unregulated fishing.
``(D) Any nation that has been identified as producing for
export to the United States seafood-related goods through
forced labor or oppressive child labor (as those terms are
defined in section 11329 of the Don Young Coast Guard
Authorization Act of 2022) in the most recent List of Goods
Produced by Child Labor or Forced Labor in accordance with the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.).''; and
(2) by adding at the end the following:
``(4) Timing.--The Secretary shall make an identification under
paragraph (1) or (2) at any time that the Secretary has sufficient
information to make such identification.''.
(b) Illegal, Unreported, or Unregulated Certification
Determination.--Section 609 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j) is amended--
(1) in subsection (d) by striking paragraph (3) and inserting
the following:
``(3) Effect of certification determination.--
``(A) Effect of negative certification.--The provisions of
subsection (a) and paragraphs (3) and (4) of subsection (b) of
section 101 of the High Seas Driftnet Fisheries Enforcement Act
(16 U.S.C. 1826a(a) and (b)(3) and (4)) shall apply to any
nation that, after being identified and notified under
subsection (b) has failed to take the appropriate corrective
actions for which the Secretary has issued a negative
certification under this subsection.
``(B) Effect of positive certification.--The provisions of
subsection (a) and paragraphs (3) and (4) of subsection (b) of
section 101 of the High Seas Driftnet Fisheries Enforcement Act
(16 U.S.C. 1826a(a) and (b)(3) and (4)) shall not apply to any
nation identified under subsection (a) for which the Secretary
has issued a positive certification under this subsection.'';
(2) by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively; and
(3) by inserting after subsection (d) the following:
``(e) Recordkeeping Requirements.--The Secretary shall ensure that
seafood or seafood products authorized for entry under this section are
imported consistent with the reporting and the recordkeeping
requirements of the Seafood Import Monitoring Program described in part
300.324(b) of title 50, Code of Federal Regulations (or any successor
regulation).''.
SEC. 11338. EQUIVALENT CONSERVATION MEASURES.
(a) Identification.--Section 610(a) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended to
read as follows:
``(a) Identification.--
``(1) In general.--The Secretary shall identify and list in the
report under section 607--
``(A) a nation if--
``(i) any fishing vessel of that nation is engaged, or
has been engaged during the 3 years preceding the date of
the determination, in fishing activities or practices on
the high seas or within the exclusive economic zone of any
nation, that have resulted in bycatch of a protected living
marine resource; and
``(ii) the vessel's flag state has not adopted,
implemented, and enforced a regulatory program governing
such fishing designed to end or reduce such bycatch that is
comparable in effectiveness to the regulatory program of
the United States, taking into account differing
conditions; and
``(B) a nation if--
``(i) any fishing vessel of that nation is engaged, or
has engaged during the 3 years preceding the date of the
determination, in fishing activities on the high seas or
within the exclusive economic zone of another nation that
target or incidentally catch sharks; and
``(ii) the vessel's flag state has not adopted,
implemented, and enforced a regulatory program to provide
for the conservation of sharks, including measures to
prohibit removal of any of the fins of a shark, including
the tail, before landing the shark in port, that is
comparable to that of the United States.
``(2) Timing.--The Secretary shall make an identification under
paragraph (1) at any time that the Secretary has sufficient
information to make such identification.''.
(b) Consultation and Negotiation.--Section 610(b) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)) is
amended to read as follows:
``(b) Consultation and Negotiation.--The Secretary of State, acting
in consultation with the Secretary, shall--
``(1) notify, as soon as practicable, the President and nations
that are engaged in, or that have any fishing vessels engaged in,
fishing activities or practices described in subsection (a), about
the provisions of this Act;
``(2) initiate discussions as soon as practicable with all
foreign nations that are engaged in, or a fishing vessel of which
has engaged in, fishing activities described in subsection (a), for
the purpose of entering into bilateral and multilateral treaties
with such nations to protect such species and to address any
underlying failings or gaps that may have contributed to
identification under this Act;
``(3) seek agreements calling for international restrictions on
fishing activities or practices described in subsection (a) through
the United Nations, the Committee on Fisheries of the Food and
Agriculture Organization of the United Nations, and appropriate
international fishery management bodies; and
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to which
the United States is a party in order to make such treaty
consistent with the purposes and policies of this section.''.
(c) Conservation Certification Procedure.--Section 610(c) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(c)) is amended--
(1) in paragraph (2) by inserting ``the public and'' after
``comment by'';
(2) in paragraph (4)--
(A) in subparagraph (A) by striking ``and'' after the
semicolon;
(B) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) ensure that any such fish or fish products authorized
for entry under this section are imported consistent with the
reporting and the recordkeeping requirements of the Seafood
Import Monitoring Program established in subpart Q of part 300
of title 50, Code of Federal Regulations (or any successor
regulation).''; and
(3) in paragraph (5) by striking ``(except to the extent that
such provisions apply to sport fishing equipment or fish or fish
products not caught by the vessels engaged in illegal, unreported,
or unregulated fishing)''.
(d) Definition of Protected Living Marine Resource.--Section 610(e)
of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(e)) is amended by striking paragraph (1) and inserting the
following:
``(1) except as provided in paragraph (2), means nontarget
fish, sea turtles, or marine mammals that are protected under
United States law or international agreement, including--
``(A) the Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.);
``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(C) the Shark Finning Prohibition Act (16 U.S.C. 1822
note); and
``(D) the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, done at Washington March 3,
1973 (27 UST 1087; TIAS 8249); but''.
SEC. 11339. CAPACITY BUILDING IN FOREIGN FISHERIES.
(a) In General.--The Secretary, in consultation with the heads of
other Federal agencies, as appropriate, shall develop and carry out
with partner governments and civil society--
(1) multi-year international environmental cooperation
agreements and projects; and
(2) multi-year capacity-building projects for implementing
measures to address illegal, unreported, or unregulated fishing,
fraud, forced labor, bycatch, and other conservation measures.
(b) Capacity Building.--Section 3543(d) of the Maritime SAFE Act
(16 U.S.C. 8013(d)) is amended--
(1) in the matter preceding paragraph (1) by striking ``as
appropriate,''; and
(2) in paragraph (3) by striking ``as appropriate'' and
inserting ``for all priority regions identified by the Working
Group''.
(c) Reports.--Section 3553 of the Maritime SAFE Act (16 U.S.C.
8033) is amended--
(1) in paragraph (7) by striking ``and'' after the semicolon;
(2) in paragraph (8) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) the status of work with global enforcement partners.''.
SEC. 11340. TRAINING OF UNITED STATES OBSERVERS.
Section 403(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881b(b)) is amended--
(1) in paragraph (3) by striking ``and'' after the semicolon;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) ensure that each observer has received training to
identify indicators of forced labor and human trafficking (as such
terms are defined in section 11329 of the Don Young Coast Guard
Authorization Act of 2022) and refer this information to
appropriate authorities; and''.
SEC. 11341. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall promulgate such regulations as may be necessary to
carry out this subtitle and the amendments made by this subtitle.
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
SEC. 11401. COAST GUARD CHILD CARE IMPROVEMENTS.
(a) Family Discount for Child Development Services.--Section
2922(b)(2) of title 14, United States Code, is amended by adding at the
end the following:
``(D) In the case of an active duty member with two or more
children attending a Coast Guard child development center, the
Commandant may modify the fees to be charged for attendance for the
second and any subsequent child of such member by an amount that is 15
percent less than the amount of the fee otherwise chargeable for the
attendance of the first such child enrolled at the center, or another
fee as the Commandant determines appropriate, consistent with multiple
children.''.
(b) Child Development Center Standards and Inspections.--Section
2923(a) of title 14, United States Code, is amended to read as follows:
``(a) Standards.--The Commandant shall require each Coast Guard
child development center to meet standards of operation--
``(1) that the Commandant considers appropriate to ensure the
health, safety, and welfare of the children and employees at the
center; and
``(2) necessary for accreditation by an appropriate national
early childhood programs accrediting entity.''.
(c) Child Care Subsidy Program.--
(1) Authorization.--
(A) In general.--Subchapter II of chapter 29 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2927. Child care subsidy program
``(a) In General.--
``(1) Authority.--The Commandant may operate a child care
subsidy program to provide financial assistance to eligible
providers that provide child care services or youth program
services to members of the Coast Guard, members of the Coast Guard
with dependents who are participating in the child care subsidy
program, and any other individual the Commandant considers
appropriate, if--
``(A) providing such financial assistance--
``(i) is in the best interests of the Coast Guard; and
``(ii) enables supplementation or expansion of the
provision of Coast Guard child care services, while not
supplanting or replacing Coast Guard child care services;
and
``(B) the Commandant ensures, to the extent practicable,
that the eligible provider is able to comply, and does comply,
with the regulations, policies, and standards applicable to
Coast Guard child care services.
``(2) Eligible providers.--A provider of child care services or
youth program services is eligible for financial assistance under
this section if the provider--
``(A) is licensed to provide such services under applicable
State and local law or meets all applicable State and local
health and safety requirements if licensure is not required;
``(B) is either--
``(i) is a family home daycare; or
``(ii) is a provider of family child care services
that--
``(I) otherwise provides federally funded or
federally sponsored child development services;
``(II) provides such services in a child
development center owned and operated by a private,
not-for-profit organization;
``(III) provides a before-school or after-school
child care program in a public school facility;
``(IV) conducts an otherwise federally funded or
federally sponsored school-age child care or youth
services program; or
``(V) conducts a school-age child care or youth
services program operated by a not-for-profit
organization; or
``(C) is a provider of another category of child care
services or youth program services the Commandant considers
appropriate for meeting the needs of members or civilian
employees of the Coast Guard.
``(3) Financial assistance for in-home child care.--
``(A) In general.--The Commandant may provide financial
assistance to members of the Coast Guard who pay for services
provided by in-home child care providers.
``(B) Requirements.--In carrying out such program, the
Commandant shall establish a policy and procedures to--
``(i) support the needs of families who request
services provided by in-home childcare providers;
``(ii) provide the appropriate amount of financial
assistance to provide to families described in paragraph,
that is at minimum consistent with the program authorized
in subsection (a)(1); and
``(iii) ensure the appropriate qualifications for such
in-home child care provider, which shall at minimum--
``(I) take into consideration qualifications for
available in-home child care providers in the private
sector; and
``(II) ensure that the qualifications the
Commandant determines appropriate under this paragraph
are comparable to the qualifications for a provider of
child care services in a Coast Guard child development
center or family home day care.
``(b) Direct Payment.--
``(1) In general.--In carrying out a child care subsidy program
under subsection (a)(1), subject to paragraph (3), the Commandant
shall provide financial assistance under the program to an eligible
member or individual the Commandant considers appropriate by direct
payment to such eligible member or individual through monthly pay,
direct deposit, or other direct form of payment.
``(2) Policy.--Not later than 180 days after the date of the
enactment of this section, the Commandant shall establish a policy
to provide direct payment as described in paragraph (1).
``(3) Eligible provider funding continuation.--With the
approval of an eligible member or an individual the Commandant
considers appropriate, which shall include the written consent of
such member or individual, the Commandant may continue to provide
financial assistance under the child care subsidy program directly
to an eligible provider on behalf of such member or individual.
``(4) Rule of construction.--Nothing in this subsection may be
construed to affect any preexisting reimbursement arrangement
between the Coast Guard and a qualified provider.''.
(B) Clerical amendment.--The analysis for chapter 29 of
title 14, United States Code, is amended by inserting after the
item relating to section 2926 the following:
``2927. Child care subsidy program.''.
(2) Expansion of child care subsidy program.--
(A) In general.--The Commandant shall--
(i) evaluate potential eligible uses for the child care
subsidy program established under section 2927 of title 14,
United States Code (referred to in this paragraph as the
``program'');
(ii) expand the eligible uses of funds for the program
to accommodate the child care needs of members of the Coast
Guard (including such members with nonstandard work hours
and surge or other deployment cycles), including in-home
care as described in section 2927(a)(3) of title 14, United
States Code, and including by providing funds directly to
such members instead of care providers; and
(iii) streamline enrollment policies, practices,
paperwork, and requirements for eligible child care
providers to reduce barriers for members to enroll in such
providers.
(B) Considerations.--In evaluating potential eligible uses
under subparagraph (A), the Commandant shall consider in-home
child care services, care services such as supplemental care
for children with disabilities, and any other child care
delivery method the Commandant considers appropriate.
(C) Requirements.--In establishing expanded eligible uses
of funds for the program, the Commandant shall ensure that such
uses--
(i) are in the best interests of the Coast Guard;
(ii) provide flexibility for members of the Coast
Guard, including such members and employees with
nonstandard work hours; and
(iii) ensure a safe environment for dependents of such
members and employees.
(D) Publication.--Not later than 18 months after the date
of the enactment of this Act, the Commandant shall publish an
updated Commandant Instruction Manual (referred to in this
paragraph as the ``manual'') that describes the expanded
eligible uses of the program.
(E) Report.--
(i) In general.--Not later than 18 months after the
date of the enactment of this Act, the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report outlining the expansion of the
program.
(ii) Elements.--The report required by clause (i) shall
include the following:
(I) An analysis of the considerations described in
subparagraph (B).
(II) A description of the analysis used to identify
eligible uses that were evaluated and incorporated into
the manual under subparagraph (D).
(III) A full analysis and justification with
respect to the forms of care that were ultimately not
included in the manual.
(IV) Any recommendation with respect to funding or
additional authorities necessary, including proposals
for legislative change, to meet the current and
anticipated future child care subsidy demands of the
Coast Guard.
(V) A description of the steps taken to streamline
enrollment policies, practices, and requirements for
eligible child care providers in accordance with
paragraph (2)(A)(iii).
SEC. 11402. ARMED FORCES ACCESS TO COAST GUARD CHILD DEVELOPMENT
SERVICES.
Section 2922(a) of title 14, United States Code, is amended to read
as follows:
``(a)(1) The Commandant may make child development services
available, in such priority as the Commandant considers to be
appropriate and consistent with readiness and resources and in the best
interests of dependents of members and civilian employees of the Coast
Guard, for--
``(A) members and civilian employees of the Coast Guard;
``(B) surviving dependents of service members who have died on
active duty, if such dependents were beneficiaries of a Coast Guard
child development service at the time of the death of such members;
``(C) members of the armed forces (as defined in section 101(a)
of title 10); and
``(D) Federal civilian employees.
``(2) Child development service benefits provided under the
authority of this section shall be in addition to benefits provided
under other laws.''.
SEC. 11403. CADET PREGNANCY POLICY IMPROVEMENTS.
(a) Regulations Required.--Not later than 18 months after the date
of enactment of this Act, the Secretary, in consultation with the
Secretary of Defense, shall prescribe regulations for the Coast Guard
Academy consistent with regulations required to be promulgated by
section 559(a) of the National Defense Authorization Act of 2022
(Public Law 117-81).
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
briefing on the development of the regulations required by subsection
(a).
SEC. 11404. COMBAT-RELATED SPECIAL COMPENSATION.
(a) Report and Briefing.--Not later than 90 days after the date of
enactment of this Act, and every 180 days thereafter until the date
that is 5 years after the date on which the initial report is submitted
under this subsection, the Commandant shall submit a report and provide
an in-person briefing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the implementation of
section 221 of the Coast Guard Authorization Act of 2016 (Public Law
114-120; 10 U.S.C. 1413a note).
(b) Elements.--Each report and briefing required by subsection (a)
shall include the following:
(1) A description of methods to educate members and retirees on
the combat-related special compensation program.
(2) Statistics regarding enrollment in such program for members
of the Coast Guard and Coast Guard retirees.
(3) A summary of each of the following:
(A) Activities carried out relating to the education of
members of the Coast Guard participating in the Transition
Assistance Program with respect to the combat-related special
compensation program.
(B) Activities carried out relating to the education of
members of the Coast Guard who are engaged in missions in which
they are susceptible to injuries that may result in
qualification for combat-related special compensation,
including flight school, the National Motor Lifeboat School,
deployable special forces, and other training programs as the
Commandant considers appropriate.
(C) Activities carried out relating to training physicians
and physician assistants employed by the Coast Guard, or
otherwise stationed in Coast Guard clinics, sickbays, or other
locations at which medical care is provided to members of the
Coast Guard, for the purpose of ensuring, during medical
examinations, appropriate counseling and documentation of
symptoms, injuries, and the associated incident that resulted
in such injuries.
(D) Activities relating to the notification of heath
service officers with respect to the combat-related special
compensation program.
(4) The written guidance provided to members of the Coast Guard
regarding necessary recordkeeping to ensure eligibility for
benefits under such program.
(5) Any other matter relating to combat-related special
compensation the Commandant considers appropriate.
(c) Disability Due to Chemical or Hazardous Material Exposure.--
Section 221(a) of the Coast Guard Authorization Act of 2016 (Public Law
114-120; 10 U.S.C. 1413a note) is amended--
(1) in paragraph (1) by striking ``department is'' and
inserting ``department in''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``and hazardous'' and inserting
``hazardous''; and
(ii) by inserting ``, or a duty in which chemical or
other hazardous material exposure has occurred (such as
during marine inspections or pollution response
activities)'' after ``surfman)''; and
(B) in subparagraph (B)--
(i) by striking``paragraph (1) or paragraph (2) of'';
and
(ii) by striking ``, including--'' and all that follows
through ``search and rescue; or'' and inserting ``; or''.
SEC. 11405. STUDY ON FOOD SECURITY.
(a) Study.--
(1) In general.--The Commandant shall conduct a study on food
insecurity among members of the Coast Guard.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) An analysis of the impact of food deserts on members of
the Coast Guard and their dependents who live in areas with
high costs of living, including areas with high-density
populations and rural areas.
(B) A comparison of--
(i) the current method used by the Commandant to
determine which areas are considered to be high cost-of-
living areas;
(ii) local-level indicators used by the Bureau of Labor
Statistics to determine a cost of living that indicates
buying power and consumer spending in specific geographic
areas; and
(iii) indicators of the cost of living used by the
Department of Agriculture in market basket analyses and
other measures of the local or regional cost of food.
(C) An assessment of the accuracy of the method and
indicators described in subparagraph (B) in quantifying high
cost of living in low-data and remote areas.
(D) An assessment of the manner in which data accuracy and
availability affect the accuracy of cost-of-living allowance
calculations and other benefits, as the Commandant considers
appropriate.
(E) Recommendations--
(i) to improve access to high-quality, affordable food
within a reasonable distance of Coast Guard units located
in areas identified as food deserts;
(ii) to reduce transit costs for members of the Coast
Guard and their dependents who are required to travel to
access high-quality, affordable food; and
(iii) for improving the accuracy of the calculations
referred to in subparagraph (D).
(F) The estimated costs of implementing each recommendation
made under subparagraph (E).
(b) Plan.--
(1) In general.--The Commandant shall develop a detailed plan
to implement the recommendations of the study conducted under
subsection (a).
(2) Report.--Not later than 1 year after date of the enactment
of this Act, the Commandant shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a briefing on the plan required under paragraph
(1), including the cost of implementation, proposals for
legislative change, and any other result of the study the
Commandant considers appropriate.
(c) Food Desert Defined.--In this section, the term ``food desert''
means an area, as determined by the Commandant, in which it is
difficult, even with a vehicle or an otherwise-available mode of
transportation, to obtain affordable, high-quality fresh food in the
immediate area in which members of the Coast Guard serve and reside.
Subtitle B--Healthcare
SEC. 11406. DEVELOPMENT OF MEDICAL STAFFING STANDARDS FOR COAST GUARD.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant, in consultation with the Defense
Health Agency and any healthcare expert the Commandant considers
appropriate, shall develop medical staffing standards for the Coast
Guard that are consistent with the recommendations of the Comptroller
General of the United States set forth in the report titled ``Coast
Guard Health Care: Improvements Needed for Determining Staffing Needs
and Monitoring Access to Care'' and published in February 2022.
(b) Inclusions.--In developing the standards under subsection (a),
the Commandant shall address and take into consideration the following:
(1) Current and future operations of healthcare personnel in
support of Department of Homeland Security missions, including
surge deployments for incident response.
(2) Staffing standards for specialized providers, including
flight surgeons, dentists, behavioral health specialists, and
physical therapists.
(3) Staffing levels of medical, dental, and behavioral health
providers for the Coast Guard who are--
(A) members of the Coast Guard;
(B) assigned to the Coast Guard from the Public Health
Service;
(C) Federal civilian employees; or
(D) contractors hired by the Coast Guard to fill vacancies.
(4) Staffing levels at medical facilities for Coast Guard units
in remote locations.
(5) Any discrepancy between medical staffing standards of the
Department of Defense and medical staffing standards of the Coast
Guard.
(c) Review by Comptroller General.--Not later than 90 days after
the Commandant completes the staffing standards required by subsection
(a), the Commandant shall submit the standards to the Comptroller
General, who shall review the standards and provide recommendations to
the Commandant.
(d) Report to Congress.--Not later than 180 days after developing
the standards developed under subsection (a), the Commandant shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the standards developed under
subsection (a) and the recommendations provided under subsection (c)
that includes a plan and a description of the resources and budgetary
needs required to implement the standards.
(e) Modification, Implementation, and Periodic Updates.--The
Commandant shall--
(1) modify such standards, as necessary, based on the
recommendations under subsection (c);
(2) implement the standards; and
(3) review and update the standards not less frequently than
every 4 years.
SEC. 11407. HEALTHCARE SYSTEM REVIEW AND STRATEGIC PLAN.
(a) In General.--Not later than 270 days after the completion of
the studies conducted by the Comptroller General of the United States
under sections 8259 and 8260 of the William M. (Mac) Thornberry
National Defense Authorization Act of Fiscal Year 2021 (Public Law 116-
283; 134 Stat. 4679), the Commandant shall--
(1) conduct a comprehensive review of the Coast Guard
healthcare system; and
(2) develop a strategic plan for improvements to, and the
modernization of, such system to ensure access to high-quality,
timely healthcare for members of the Coast Guard, their dependents,
and applicable Coast Guard retirees.
(b) Plan.--
(1) In general.--The strategic plan developed under subsection
(a) shall seek to--
(A) maximize the medical readiness of members of the Coast
Guard;
(B) optimize delivery of healthcare benefits;
(C) ensure high-quality training of Coast Guard medical
personnel; and
(D) prepare for the future needs of the Coast Guard.
(2) Elements.--The plan shall address, at a minimum, the
following:
(A) Improving access to healthcare for members of the Coast
Guard, their dependents, and applicable Coast Guard retirees.
(B) Quality of healthcare.
(C) The experience and satisfaction of members of the Coast
Guard and their dependents with the Coast Guard healthcare
system.
(D) The readiness of members of the Coast Guard and Coast
Guard medical personnel.
(c) Review Committee.--
(1) Establishment.--The Commandant shall establish a review
committee to conduct a comprehensive analysis of the Coast Guard
healthcare system (referred to in this section as the ``Review
Committee'').
(2) Membership.--The Review Committee shall be composed of
members selected by the Commandant, including--
(A) 1 or more members of the uniformed services (as defined
in section 101 of title 10, United States Code) or Federal
employees, either of which have expertise in--
(i) the medical, dental, pharmacy, or behavioral health
fields; or
(ii) any other field the Commandant considers
appropriate;
(B) 1 representative of the Defense Health Agency; and
(C) 1 medical representative from each Coast Guard
district.
(3) Chairperson.--The chairperson of the Review Committee shall
be the Director of the Health, Safety, and Work Life Directorate of
the Coast Guard.
(4) Staff.--The Review Committee shall be staffed by employees
of the Coast Guard.
(5) Report to commandant.--Not later than 1 year after the
Review Committee is established, the Review Committee shall submit
to the Commandant a report that--
(A) assesses, taking into consideration the medical
staffing standards developed under section 11406, the
recommended medical staffing standards set forth in the
Comptroller General study required by section 8260 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4679), and
compares such standards to the medical staffing standards of
the Department of Defense and the private sector;
(B) addresses improvements needed to ensure continuity of
care for members of the Coast Guard, including by evaluating
the feasibility of having a dedicated primary care manager for
each such member while the member is stationed at a duty
station;
(C) evaluates the effects of increased surge deployments of
medical personnel on staffing needs at Coast Guard clinics;
(D) identifies ways to improve access to care for members
of the Coast Guard and their dependents who are stationed in
remote areas, including methods to expand access to providers
in the available network;
(E) identifies ways the Coast Guard may better use
Department of Defense Military Health System resources for
members of the Coast Guard, their dependents, and applicable
Coast Guard retirees;
(F) identifies barriers to participation in the Coast Guard
healthcare system and ways the Coast Guard may better use
patient feedback to improve quality of care at Coast Guard-
owned facilities, military treatment facilities, and specialist
referrals;
(G) includes recommendations to improve the Coast Guard
healthcare system; and
(H) any other matter the Commandant or the Review Committee
considers appropriate.
(6) Termination.--The Review Committee shall terminate on the
date that is 1 year after the date on which the Review Committee
submits the report required under paragraph (5).
(7) Inapplicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Review Committee.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives--
(1) the strategic plan for the Coast Guard medical system
required under subsection (a);
(2) the report of the Review Committee submitted to the
Commandant under subsection (c)(5); and
(3) a description of the manner in which the Commandant plans
to implement the recommendations of the Review Committee.
SEC. 11408. DATA COLLECTION AND ACCESS TO CARE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant, in consultation with the Defense
Health Agency and any healthcare expert the Commandant considers
appropriate, shall develop, and make publicly available, a policy to
require the collection of data regarding access by members of the Coast
Guard and their dependents to medical, dental, and behavioral
healthcare as recommended by the Comptroller General of the United
States in the report entitled ``Coast Guard Health Care: Improvements
Needed for Determining Staffing Needs and Monitoring Access to Care'',
published in February 2022.
(b) Elements.--The policy required by subsection (a) shall address
the following:
(1) Methods to collect data on access to care for--
(A) routine annual physical health assessments;
(B) flight physicals for aviators or prospective aviators;
(C) sick call;
(D) injuries;
(E) dental health; and
(F) behavioral health conditions.
(2) Collection of data on access to care for referrals.
(3) Collection of data on access to care for members of the
Coast Guard stationed at remote units, aboard Coast Guard cutters,
and on deployments.
(4) Use of the electronic health record system to improve data
collection on access to care.
(5) Use of data for addressing the standards of care, including
time between requests for appointments and actual appointments,
including appointments made with referral services.
(c) Publication and Report to Congress.--Not later than 90 days
after the policy under subsection (a) is completed, or any subsequent
updates to such policy, the Commandant shall--
(1) publish the policy on a publicly accessible internet
website of the Coast Guard; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the
policy and the manner in which the Commandant plans to address
access-to-care deficiencies.
(d) Periodic Updates.--Not less frequently than every 5 years, the
Commandant shall review and update the policy required under subsection
(a).
SEC. 11409. BEHAVIORAL HEALTH POLICY.
(a) Interim Behavioral Health Policy.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall establish an interim
behavioral health policy for members of the Coast Guard that is in
parity with section 5.28 (relating to behavioral health) of
Department of Defense Instruction 6130.03, volume 2, ``Medical
Standards for Military Service: Retention''.
(2) Termination.--The interim policy established under
paragraph (1) shall remain in effect until the date on which the
Commandant issues a permanent behavioral health policy for members
of the Coast Guard.
(b) Permanent Policy.--In developing a permanent policy with
respect to retention and behavioral health, the Commandant shall ensure
that, to the extent practicable, the policy of the Coast Guard is in
parity with section 5.28 (relating to behavioral health) of Department
of Defense Instruction 6130.03, volume 2, ``Medical Standards for
Military Service: Retention''.
SEC. 11410. MEMBERS ASSERTING POST-TRAUMATIC STRESS DISORDER OR
TRAUMATIC BRAIN INJURY.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is further amended by adding at the end the following:
``Sec. 2516. Members asserting post-traumatic stress disorder or
traumatic brain injury
``(a) Medical Examination Required.--
``(1) In general.--The Secretary shall ensure that a member of
the Coast Guard who has performed Coast Guard operations or has
been sexually assaulted during the preceding 2-year period, and who
is diagnosed by an appropriate licensed or certified healthcare
professional as experiencing post-traumatic stress disorder or
traumatic brain injury or who otherwise alleges, based on the
service of the member or based on such sexual assault, the
influence of such a condition, receives a medical examination to
evaluate a diagnosis of post-traumatic stress disorder or traumatic
brain injury.
``(2) Restriction on administrative separation.--A member
described in paragraph (1) shall not be administratively separated
under conditions other than honorable, including an administrative
separation in lieu of a court-martial, until the results of the
medical examination have been reviewed by appropriate authorities
responsible for evaluating, reviewing, and approving the separation
case, as determined by the Secretary.
``(3) Post-traumatic stress disorder.--In a case involving
post-traumatic stress disorder under this subsection, a medical
examination shall be--
``(A) performed by--
``(i) a board-certified or board-eligible psychiatrist;
or
``(ii) a licensed doctorate-level psychologist; or
``(B) performed under the close supervision of--
``(i) a board-certified or board-eligible psychiatrist;
or
``(ii) a licensed doctorate-level psychologist, a
doctorate-level mental health provider, a psychiatry
resident, or a clinical or counseling psychologist who has
completed a 1-year internship or residency.
``(4) Traumatic brain injury.--In a case involving traumatic
brain injury under this subsection, a medical examination shall be
performed by a physiatrist, psychiatrist, neurosurgeon, or
neurologist.
``(b) Purpose of Medical Examination.--The medical examination
required under subsection (a) shall assess whether the effects of
mental or neurocognitive disorders, including post-traumatic stress
disorder and traumatic brain injury, constitute matters in extenuation
that relate to the basis for administrative separation under conditions
other than honorable or the overall characterization of the service of
the member as other than honorable.
``(c) Inapplicability to Proceedings Under Uniform Code of Military
Justice.--The medical examination and procedures required by this
section do not apply to courts-martial or other proceedings conducted
pursuant to the Uniform Code of Military Justice.
``(d) Coast Guard Operations Defined.--In this section, the term
`Coast Guard operations' has the meaning given that term in section
888(a) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)).''.
(b) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, is amended by inserting after the item relating to
section 2515 (as added by this Act) the following:
``2516. Members asserting post-traumatic stress disorder or traumatic
brain injury.''.
SEC. 11411. IMPROVEMENTS TO PHYSICAL DISABILITY EVALUATION SYSTEM AND
TRANSITION PROGRAM.
(a) Temporary Policy.--Not later than 60 days after the date of
enactment of this Act, the Commandant shall develop a temporary policy
that--
(1) improves timeliness, communication, and outcomes for
members of the Coast Guard undergoing the Physical Disability
Evaluation System, or a related formal or informal process;
(2) affords maximum career transition benefits to members of
the Coast Guard determined by a Medical Evaluation Board to be
unfit for retention in the Coast Guard; and
(3) maximizes the potential separation and career transition
benefits for members of the Coast Guard undergoing the Physical
Disability Evaluation System, or a related formal or informal
process.
(b) Elements.--The policy required under subsection (a) shall
include the following:
(1) A requirement that any member of the Coast Guard who is
undergoing the Physical Disability Evaluation System, or a related
formal or informal process, shall be placed in a duty status that
allows the member the opportunity to attend necessary medical
appointments and other activities relating to the Physical
Disability Evaluation System, including completion of any
application of the Department of Veterans Affairs and career
transition planning.
(2) In the case of a Medical Evaluation Board report that is
not completed not later than 120 days after the date on which an
evaluation by the Medical Evaluation Board was initiated, the
option for such a member to enter permissive duty status.
(3) A requirement that the date of initiation of an evaluation
by a Medical Evaluation Board shall include the date on which any
verbal or written affirmation is made to the member, command, or
medical staff that the evaluation by the Medical Evaluation Board
has been initiated.
(4) An option for such member to seek an internship under the
SkillBridge program established under section 1143(e) of title 10,
United States Code, and outside employment aimed at improving the
transition of the member to civilian life, only if such an
internship or employment does not interfere with necessary medical
appointments required for the member's physical disability
evaluation.
(5) A requirement that not less than 21 days notice shall be
provided to such a member for any such medical appointment, to the
maximum extent practicable, to ensure that the appointment timeline
is in the best interests of the immediate health of the member.
(6) A requirement that the Coast Guard shall provide such a
member with a written separation date upon the completion of a
Medical Evaluation Board report that finds the member unfit to
continue active duty.
(7) To provide certainty to such a member with respect to a
separation date, a policy that ensures--
(A) that accountability measures are in place with respect
to Coast Guard delays throughout the Physical Disability
Evaluation System, including--
(i) placement of the member in an excess leave status
after 270 days have elapsed since the date of initiation of
an evaluation by a Medical Evaluation Board by any
competent authority; and
(ii) a calculation of the costs to retain the member on
active duty, including the pay, allowances, and other
associated benefits of the member, for the period beginning
on the date that is 90 days after the date of initiation of
an evaluation by a Medical Evaluation Board by any
competent authority and ending on the date on which the
member is separated from the Coast Guard; and
(B) the availability of administrative solutions to any
such delay.
(8) With respect to a member of the Coast Guard on temporary
limited duty status, an option to remain in the member's current
billet, to the maximum extent practicable, or to be transferred to
a different active-duty billet, so as to minimize any negative
impact on the member's career trajectory.
(9) A requirement that each respective command shall report to
the Coast Guard Personnel Service Center any delay of more than 21
days between each stage of the Physical Disability Evaluation
System for any such member, including between stages of the
processes, the Medical Evaluation Board, the Informal Physical
Evaluation Board, and the Formal Physical Evaluation Board.
(10) A requirement that, not later than 7 days after receipt of
a report of a delay described in paragraph (9), the Personnel
Service Center shall take corrective action, which shall ensure
that the Coast Guard exercises maximum discretion to continue the
Physical Disability Evaluation System of such a member in a timely
manner, unless such delay is caused by the member.
(11) A requirement that--
(A) a member of the Coast Guard shall be allowed to make a
request for a reasonable delay in the Physical Disability
Evaluation System to obtain additional input and consultation
from a medical or legal professional; and
(B) any such request for delay shall be approved by the
Commandant based on a showing of good cause by the member.
(c) Report on Temporary Policy.--Not later than 60 days after the
date of enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a copy of the policy developed under subsection (a).
(d) Permanent Policy.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall publish a Commandant
Instruction making the policy developed under subsection (a) a
permanent policy of the Coast Guard.
(e) Briefing.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
briefing on, and a copy of, the permanent policy.
(f) Annual Report on Costs.--
(1) In general.--Not less frequently than annually, the
Commandant shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that,
for the preceding fiscal year--
(A) details the total aggregate service-wide costs
described in subsection (b)(7)(A)(ii) for members of the Coast
Guard whose Physical Disability Evaluation System process has
exceeded 90 days; and
(B) includes for each such member--
(i) an accounting of such costs; and
(ii) the number of days that elapsed between the
initiation and completion of the Physical Disability
Evaluation System process.
(2) Personally identifiable information.--A report under
paragraph (1) shall not include the personally identifiable
information of any member of the Coast Guard.
SEC. 11412. EXPANSION OF ACCESS TO COUNSELING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall hire, train, and deploy not
fewer than an additional 5 behavioral health specialists.
(b) Requirement.--Through the hiring process required under
subsection (a), the Commandant shall ensure that at least 35 percent of
behavioral health specialists employed by the Coast Guard have
experience in behavioral healthcare for the purpose of supporting
members of the Coast Guard with needs for perinatal mental health care
and counseling service for miscarriage, child loss, and postpartum
depression.
(c) Accessibility.--The support provided by the behavioral health
specialists described in subsection (a)--
(1) may include care delivered via telemedicine; and
(2) shall be made widely available to members of the Coast
Guard.
SEC. 11413. EXPANSION OF POSTGRADUATE OPPORTUNITIES FOR MEMBERS OF
COAST GUARD IN MEDICAL AND RELATED FIELDS.
(a) In General.--The Commandant shall expand opportunities for
members of the Coast Guard to secure postgraduate degrees in medical
and related professional disciplines for the purpose of supporting
Coast Guard clinics and operations.
(b) Application of Law.--Individuals who receive assistance
pursuant to subsection (a) shall be subject to the service obligations
required under section 2114 of title 10, United States Code.
(c) Military Training Student Loads.--Section 4904(b)(3) of title
14, United States Code, is amended by striking ``350'' and inserting
``385''.
SEC. 11414. STUDY ON COAST GUARD MEDICAL FACILITIES NEEDS.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General of the United States
shall commence a study on Coast Guard medical facilities needs.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) A list of Coast Guard medical facilities, including
clinics, sickbays, and shipboard facilities.
(2) A summary of capital needs for Coast Guard medical
facilities, including construction and repair.
(3) A summary of equipment upgrade backlogs of Coast Guard
medical facilities.
(4) An assessment of improvements to Coast Guard medical
facilities, including improvements to information technology
infrastructure, required to enable the Coast Guard to fully use
telemedicine and implement other modernization initiatives.
(5) An evaluation of the process used by the Coast Guard to
identify, monitor, and construct Coast Guard medical facilities.
(6) A description of the resources necessary to fully address
all Coast Guard medical facilities needs.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11415. STUDY ON COAST GUARD TELEMEDICINE PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall commence a study on the Coast Guard telemedicine program.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An assessment of--
(A) the current capabilities and limitations of the Coast
Guard telemedicine program;
(B) the degree of integration of such program with existing
electronic health records;
(C) the capability and accessibility of such program, as
compared to the capability and accessibility of the
telemedicine programs of the Department of Defense and
commercial medical providers;
(D) the manner in which the Coast Guard telemedicine
program may be expanded to provide better clinical and
behavioral medical services to members of the Coast Guard,
including such members stationed at remote units or onboard
Coast Guard cutters at sea; and
(E) the costs savings associated with the provision of--
(i) care through telemedicine; and
(ii) preventative care.
(2) An identification of barriers to full use or expansion of
such program.
(3) A description of the resources necessary to expand such
program to its full capability.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
Subtitle C--Housing
SEC. 11416. STUDY ON COAST GUARD HOUSING ACCESS, COST, AND CHALLENGES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Comptroller General of the United States shall
commence a study on housing access, cost, and associated challenges
facing members of the Coast Guard.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An assessment of--
(A) the extent to which--
(i) the Commandant has evaluated the sufficiency,
availability, and affordability of housing options for
members of the Coast Guard and their dependents; and
(ii) the Coast Guard owns and leases housing for
members of the Coast Guard and their dependents;
(B) the methods used by the Commandant to manage housing
data, and the manner in which the Commandant uses such data--
(i) to inform Coast Guard housing policy; and
(ii) to guide investments in Coast Guard-owned housing
capacity and other investments in housing, such as long-
term leases and other housing options; and
(C) the process used by the Commandant to gather and
provide information used to calculate housing allowances for
members of the Coast Guard and their dependents, including
whether the Commandant has established best practices to manage
low-data areas.
(2) An assessment as to whether the Department of Defense basic
allowance for housing is sufficient for members of the Coast Guard.
(3) Recommendations for actions the Commandant should take to
improve the availability and affordability of housing for members
of the Coast Guard and their dependents who are stationed in--
(A) remote units located in areas in which members of the
Coast Guard and their dependents are eligible for TRICARE Prime
Remote; or
(B) units located in areas with a high number of vacation
rental properties.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
(d) Strategy.--Not later than 180 days after the submission of the
report required under subsection (c), the Commandant shall publish a
Coast Guard housing strategy that addresses the findings set forth in
the report. Such strategy shall, at a minimum--
(1) address housing inventory shortages and affordability; and
(2) include a Coast Guard-owned housing infrastructure
investment prioritization plan.
SEC. 11417. AUDIT OF CERTAIN MILITARY HOUSING CONDITIONS OF ENLISTED
MEMBERS OF COAST GUARD IN KEY WEST, FLORIDA.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Commandant, in coordination with the Secretary of the
Navy, shall commence an audit to assess--
(1) the conditions of housing units of enlisted members of the
Coast Guard located at Naval Air Station Key West Sigsbee Park
Annex;
(2) the percentage of such units that are considered unsafe or
unhealthy housing units for enlisted members of the Coast Guard and
their families;
(3) the process used by enlisted members of the Coast Guard and
their families to report housing concerns;
(4) the extent to which enlisted members of the Coast Guard and
their families experience unsafe or unhealthy housing units,
relocate, receive a per diem, or expend similar expenses as a
direct result of displacement that are not covered by a landlord,
insurance, or claims process;
(5) the feasibility of providing reimbursement for uncovered
expenses described in paragraph (4); and
(6) what resources are needed to provide appropriate and safe
housing for enlisted members of the Coast Guard and their families
in Key West, Florida.
(b) Report.--Not later than 120 days after the date of enactment of
this section , the Commandant shall submit to the appropriate
committees of Congress a report on the results of the audit.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Homeland Security of the House of
Representatives.
(2) Unsafe or unhealthy housing unit.--The term ``unsafe or
unhealthy housing unit'' means a unit of housing unit in which is
present, at levels exceeding relevant governmental health or
housing standards or guidelines, at least 1 of the following
hazards:
(A) Physiological hazards, including the following:
(i) Dampness or microbial growth.
(ii) Lead-based paint.
(iii) Asbestos or manmade fibers.
(iv) Ionizing radiation.
(v) Biocides.
(vi) Carbon monoxide.
(vii) Volatile organic compounds.
(viii) Infectious agents.
(ix) Fine particulate matter.
(B) Psychological hazards, including the following:
(i) Ease of access by unlawful intruders.
(ii) Lighting issues.
(iii) Poor ventilation.
(iv) Safety hazards.
(v) Other hazards similar to the hazards specified in
clauses (i) through (iv).
SEC. 11418. STUDY ON COAST GUARD HOUSING AUTHORITIES AND PRIVATIZED
HOUSING.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall commence a study that--
(A) evaluates the authorities of the Coast Guard relating
to construction, operation, and maintenance of housing provided
to members of the Coast Guard and their dependents; and
(B) assesses other options to meet Coast Guard housing
needs in rural and urban housing markets, including public-
private partnerships, long-term lease agreements, privately
owned housing, and any other housing option the Comptroller
General identifies.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) A review of authorities, regulations, and policies
available to the Secretary with respect to construction,
maintenance, and operation of housing for members of the Coast
Guard and their dependents, including unaccompanied member
housing, that considers--
(i) housing that is owned and managed by the Coast
Guard;
(ii) long-term leasing or extended-rental housing;
(iii) public-private partnerships or other privatized
housing options for which the Secretary may enter into 1 or
more contracts with a private entity to build, maintain,
and manage privatized housing for members of the Coast
Guard and their dependents;
(iv) on-installation and off-installation housing
options, and the availability of, and authorities relating
to, such options; and
(v) housing availability near Coast Guard units,
readiness needs, and safety.
(B) A review of the housing-related authorities,
regulations, and policies available to the Secretary of
Defense, and an identification of the differences between such
authorities afforded to the Secretary of Defense and the
housing-related authorities, regulations, and policies afforded
to the Secretary.
(C) A description of lessons learned, or recommendations
for, the Coast Guard based on the use of private housing by the
Department of Defense, including the recommendations set forth
in the report of the Government Accountability Office titled
``Privatized Military Housing: Update on DOD's Efforts to
Address Oversight Challenges'' (GAO-22-105866), issued in March
2022.
(D) An assessment of the extent to which the Secretary uses
the authorities provided in subchapter IV of chapter 169 of
title 10, United States Code.
(E) An analysis of immediate and long-term costs associated
with housing owned and operated by the Coast Guard, as compared
to opportunities for long-term leases, private housing, and
other public-private partnerships in urban and remote
locations.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the study conducted
under subsection (a).
(c) Briefing.--Not later than 180 days after the date on which the
report required under subsection (b) is submitted, the Commandant or
the Secretary shall provide a briefing to the appropriate committees of
Congress on--
(1) the actions the Commandant has, or has not, taken with
respect to the results of the study;
(2) a plan for addressing areas identified in the report that
present opportunities for improving the housing options available
to members of the Coast Guard and their dependents; and
(3) the need for, or potential manner of use of, any
authorities the Coast Guard does not have with respect to housing,
as compared to the Department of Defense.
(d) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
SEC. 11419. STRATEGY TO IMPROVE QUALITY OF LIFE AT REMOTE UNITS.
(a) In General.--Not more than 180 days after the date of enactment
of this Act, the Commandant shall develop a strategy to improve the
quality of life for members of the Coast Guard and their dependents who
are stationed in remote units.
(b) Elements.--The strategy developed under subsection (a) shall
address the following:
(1) Methods to improve the availability or affordability of
housing options for such members and their dependents through--
(A) Coast Guard-owned housing; or
(B) Coast Guard-facilitated housing.
(2) A review of whether current methods for determining the
amount of basic housing allowances received by such members of the
Coast Guard accurately reflect the costs of privately owned or
privately rented housing in such areas.
(3) Methods to improve access by such members and their
dependents to--
(A) medical, dental, and pediatric care; and
(B) behavioral health care that is covered under the
TRICARE program (as defined in section 1072 of title 10, United
States Code).
(4) Methods to increase access to child care services in such
areas, including recommendations for increasing child care capacity
and opportunities for care within the Coast Guard and in the
private sector.
(5) Methods to improve non-Coast Guard network internet access
at remote units--
(A) to improve communications between members of the Coast
Guard on active duty who are assigned or attached to a remote
unit and the family members of such members who are not located
in the same location as such member; and
(B) for other purposes such as education and training.
(6) Methods to support spouses and other dependents of members
serving in such areas who face challenges specific to remote
locations.
(7) Any other matter the Commandant considers appropriate.
(c) Briefing.--Not later than 180 days after the strategy developed
under subsection (a) is completed, the Commandant shall provide to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a briefing on the strategy.
(d) Remote Unit Defined.--In this section, the term ``remote unit''
means a unit located in an area in which members of the Coast Guard and
their dependents are eligible for TRICARE Prime Remote.
Subtitle D--Other Matters
SEC. 11420. REPORT ON AVAILABILITY OF EMERGENCY SUPPLIES FOR COAST
GUARD PERSONNEL.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the availability of
appropriate emergency supplies at Coast Guard units.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the extent to which--
(A) the Commandant ensures that Coast Guard units assess
risks and plan accordingly to obtain and maintain appropriate
emergency supplies; and
(B) Coast Guard units have emergency food and water
supplies available according to local emergency preparedness
needs.
(2) A description of any challenge the Commandant faces in
planning for and maintaining adequate emergency supplies for Coast
Guard personnel.
(c) Publication.--Not later than 90 days after the date of
submission of the report required by subsection (a), the Commandant
shall publish a strategy and recommendations in response to the report
that includes--
(1) a plan for improving emergency preparedness and emergency
supplies for Coast Guard units; and
(2) a process for periodic review and engagement with Coast
Guard units to ensure emerging emergency response supply needs are
achieved and maintained.
SEC. 11421. FLEET MIX ANALYSIS AND SHORE INFRASTRUCTURE INVESTMENT
PLAN.
(a) Fleet Mix Analysis.--
(1) In general.--The Commandant shall conduct an updated fleet
mix analysis that provides for a fleet mix sufficient, as
determined by the Commandant--
(A) to carry out--
(i) the missions of the Coast Guard; and
(ii) emerging mission requirements; and
(B) to address--
(i) national security threats; and
(ii) the global deployment of the Coast Guard to
counter great power competitors.
(2) Report.--Not later than 1 year after the date of enactment
of this Act, the Commandant shall submit to Congress a report on
the results of the updated fleet mix analysis required under
paragraph (1).
(b) Shore Infrastructure Investment Plan.--
(1) In general.--The Commandant shall develop an updated shore
infrastructure investment plan that includes--
(A) the construction of additional facilities to
accommodate the updated fleet mix described in subsection
(a)(1);
(B) improvements necessary to ensure that existing
facilities meet requirements and remain operational for the
lifespan of such fleet mix, including necessary improvements to
information technology infrastructure;
(C) a timeline for the construction and improvement of the
facilities described in subparagraphs (A) and (B); and
(D) a cost estimate for construction and life-cycle support
of such facilities, including for necessary personnel.
(2) Report.--Not later than 1 year after the date on which the
report under subsection (a)(2) is submitted, the Commandant shall
submit to Congress a report on the plan required under paragraph
(1).
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
SEC. 11501. RESPONSES TO SAFETY RECOMMENDATIONS.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 721. Responses to safety recommendations
``(a) In General.--Not later than 90 days after the National
Transportation Safety Board submits to the Commandant a recommendation,
and supporting justification for such recommendation, relating to
transportation safety, the Commandant shall submit to the National
Transportation Safety Board a written response to the recommendation,
including whether the Commandant--
``(1) concurs with the recommendation;
``(2) partially concurs with the recommendation; or
``(3) does not concur with the recommendation.
``(b) Explanation of Concurrence.--The Commandant shall include in
a response submitted under subsection (a)--
``(1) with respect to a recommendation with which the
Commandant concurs or partially concurs, an explanation of the
actions the Commandant intends to take to implement such
recommendation or part of such recommendation; and
``(2) with respect to a recommendation with which the
Commandant does not concur, the reasons the Commandant does not
concur.
``(c) Failure To Respond.--If the National Transportation Safety
Board has not received the written response required under subsection
(a) by the end of the time period described in such subsection, the
National Transportation Safety Board shall notify the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that such response has not been received.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 14,
United States Code, is amended by adding at the end the following:
``721. Responses to safety recommendations.''.
SEC. 11502. REQUIREMENTS FOR DUKW AMPHIBIOUS PASSENGER VESSELS.
(a) Rulemaking Required.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Commandant shall initiate a rulemaking
to establish additional safety standards for DUKW amphibious
passenger vessels.
(2) Deadline for regulations.--The regulations issued under
paragraph (1) shall take effect not later than 18 months after the
Commandant promulgates a final rule pursuant to such paragraph.
(b) Requirements.--The regulations required under subsection (a)
shall include the following:
(1) A requirement that operators of DUKW amphibious passenger
vessels provide reserve buoyancy for such vessels through passive
means, including watertight compartmentalization, built-in
flotation, or such other means as determined appropriate by the
Commandant, in order to ensure that such vessels remain afloat and
upright in the event of flooding, including when carrying a full
complement of passengers and crew.
(2) An identification, in consultation with the Under Secretary
of Commerce for Oceans and Atmosphere, of limiting environmental
conditions, such as weather, in which DUKW amphibious passenger
vessels may safely operate and a requirement that such limiting
conditions be described in the certificate of inspection of each
DUKW amphibious passenger vessel.
(3) Requirements that an operator of a DUKW amphibious
passenger vessel--
(A) proceed to the nearest harbor or safe refuge in any
case in which a watch or warning is issued for wind speeds
exceeding the wind speed equivalent used to certify the
stability of such DUKW amphibious passenger vessel; and
(B) maintain and monitor a weather monitor radio receiver
at the operator station of the vessel that is automatically
activated by the warning alarm device of the National Weather
Service.
(4) A requirement that--
(A) operators of DUKW amphibious passenger vessels inform
passengers that seat belts may not be worn during waterborne
operations;
(B) before the commencement of waterborne operations, a
crew member shall visually check that the seatbelt of each
passenger is unbuckled; and
(C) operators or crew maintain a log recording the actions
described in subparagraphs (A) and (B).
(5) A requirement for annual training for operators and crew of
DUKW amphibious passenger vessels, including--
(A) training for personal flotation and seat belt
requirements, verifying the integrity of the vessel at the
onset of each waterborne departure, identification of weather
hazards, and use of National Weather Service resources prior to
operation; and
(B) training for crew to respond to emergency situations,
including flooding, engine compartment fires, man-overboard
situations, and in water emergency egress procedures.
(c) Consideration.--In issuing the regulations required under
subsection (a), the Commandant shall consider whether personal
flotation devices should be required for the duration of the waterborne
transit of a DUKW amphibious passenger vessel.
(d) Waiver.--The Commandant may waive the reserve buoyancy
requirements described in subsection (b)(1) for a DUKW amphibious
passenger vessel if the Commandant certifies in writing, using the best
available science, to the appropriate congressional committees that
such requirement is not practicable or technically or practically
achievable for such vessel.
(e) Notice to Passengers.--A DUKW amphibious passenger vessel that
receives a waiver under subsection (d) shall provide a prominently
displayed notice on its website, ticket counter, and each ticket for
passengers that the vessel is exempt from meeting Coast Guard safety
compliance standards concerning reserve buoyancy.
(f) Interim Requirements.--Prior to issuing final regulations
pursuant to subsection (a) and not later than 180 days after the date
of enactment of this Act, the Commandant shall require that operators
of DUKW amphibious passenger vessels implement the following
requirements:
(1) Remove the canopies and any window coverings of such
vessels for waterborne operations, or install in such vessels a
canopy that does not restrict horizontal or vertical escape by
passengers in the event of flooding or sinking.
(2) If a canopy and window coverings are removed from any such
vessel pursuant to paragraph (1), require that all passengers wear
a personal flotation device approved by the Coast Guard before the
onset of waterborne operations of such vessel.
(3) Reengineer such vessels to permanently close all
unnecessary access plugs and reduce all through-hull penetrations
to the minimum number and size necessary for operation.
(4) Install in such vessels independently powered electric
bilge pumps that are capable of dewatering such vessels at the
volume of the largest remaining penetration in order to supplement
an operable Higgins pump or a dewatering pump of equivalent or
greater capacity.
(5) Install in such vessels not fewer than 4 independently
powered bilge alarms.
(6) Conduct an in-water inspection of any such vessel after
each time a through-hull penetration of such vessel has been
removed or uncovered.
(7) Verify through an in-water inspection the watertight
integrity of any such vessel at the outset of each waterborne
departure of such vessel.
(8) Install underwater LED lights that activate automatically
in an emergency.
(9) Otherwise comply with any other provisions of relevant
Coast Guard guidance or instructions in the inspection,
configuration, and operation of such vessels.
(g) Implementation.--The Commandant shall implement the interim
requirements under subsection (f) without regard to chapters 5 and 6 of
title 5, United States Code, and Executive Order Nos. 12866 and 13563
(5 U.S.C. 601 note).
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate.
(2) DUKW amphibious passenger vessel.--The term ``DUKW
amphibious passenger vessel'' means a vessel that uses, modifies,
or is derived from the GMC DUKW-353 design, and which is operating
as a small passenger vessel in waters subject to the jurisdiction
of the United States, as defined in section 2.38 of title 33, Code
of Federal Regulations (or a successor regulation).
SEC. 11503. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGER
VESSELS.
(a) Restructuring.--Chapter 305 of title 46, United States Code, is
amended--
(1) by inserting before section 30501 the following:
``Subchapter I--General Provisions'';
(2) by inserting before section 30503 the following:
``Subchapter II--Exoneration and Limitation of Liability'';
and
(3) by redesignating sections 30503 through 30512 as sections
30521 through 30530, respectively.
(b) Definitions.--Section 30501 of title 46, United States Code, is
amended to read as follows:
``Sec. 30501. Definitions
``In this chapter:
``(1) Covered small passenger vessel.--The term `covered small
passenger vessel'--
``(A) means a small passenger vessel, as defined in section
2101, that is--
``(i) not a wing-in-ground craft; and
``(ii) carrying--
``(I) not more than 49 passengers on an overnight
domestic voyage; and
``(II) not more than 150 passengers on any voyage
that is not an overnight domestic voyage; and
``(B) includes any wooden vessel constructed prior to March
11, 1996, carrying at least 1 passenger for hire.
``(2) Owner.--The term `owner' includes a charterer that mans,
supplies, and navigates a vessel at the charterer's own expense or
by the charterer's own procurement.''.
(c) Applicability.--Section 30502 of title 46, United States Code,
is amended to read as follows:
``Sec. 30502. Application
``(a) In General.--Except as otherwise provided, this chapter
(except section 30521) applies to seagoing vessels and vessels used on
lakes or rivers or in inland navigation, including canal boats, barges,
and lighters.
``(b) Exception.--This chapter (except for section 30526) shall not
apply to covered small passenger vessels.''.
(d) Provisions Requiring Notice of Claim or Limiting Time for
Bringing Action.--Section 30526(b) of title 46, United States Code, as
redesignated by subsection (a), is amended--
(1) in paragraph (1)--
(A) by inserting ``, in the case of seagoing vessels,''
after ``personal injury or death''; and
(B) by inserting ``, or in the case of covered small
passenger vessels, to less than two years after the date of the
injury or death'' after ``date of the injury or death''; and
(2) in paragraph (2)--
(A) by inserting ``, in the case of seagoing vessels,''
after ``personal injury or death''; and
(B) by inserting ``, or in the case of covered small
passenger vessels, to less than two years after the date of the
injury or death'' after ``date of the injury or death''.
(e) Chapter Analysis.--The analysis for chapter 305 of title 46,
United States Code, is amended--
(1) by inserting before the item relating to section 30501 the
following:
``subchapter i--general provisions'';
(2) by inserting after the item relating to section 30502 the
following:
``subchapter ii--exoneration and limitation of liability'';
(3) by striking the item relating to section 30501 and
inserting the following:
``30501. Definitions.'';
and
(4) by redesignating the items relating to sections 30503
through 30512 as items relating to sections 30521 through 30530,
respectively.
(f) Conforming Amendments.--Title 46, United States Code, is
further amended--
(1) in section 14305(a)(5) by striking ``section 30506'' and
inserting ``section 30524'';
(2) in section 30523(a), as redesignated by subsection (a), by
striking ``section 30506'' and inserting ``section 30524'';
(3) in section 30524(b), as redesignated by subsection (a), by
striking ``section 30505'' and inserting ``section 30523''; and
(4) in section 30525, as redesignated by subsection (a)--
(A) in the matter preceding paragraph (1) by striking
``sections 30505 and 30506'' and inserting ``sections 30523 and
30524'';
(B) in paragraph (1) by striking ``section 30505'' and
inserting ``section 30523''; and
(C) in paragraph (2) by striking ``section 30506(b)'' and
inserting ``section 30524(b)''.
SEC. 11504. AT-SEA RECOVERY OPERATIONS PILOT PROGRAM.
(a) In General.--The Secretary shall conduct a pilot program to
evaluate the potential use of remotely controlled or autonomous
operation and monitoring of certain vessels for the purposes of--
(1) better understanding the complexities of such at-sea
operations and potential risks to navigation safety, vessel
security, maritime workers, the public, and the environment;
(2) gathering observational and performance data from
monitoring the use of remotely-controlled or autonomous vessels;
and
(3) assessing and evaluating regulatory requirements necessary
to guide the development of future occurrences of such operations
and monitoring activities.
(b) Duration and Effective Date.--The duration of the pilot program
established under this section shall be not more than 5 years beginning
on the date on which the pilot program is established, which shall be
not later than 180 days after the date of enactment of this Act.
(c) Authorized Activities.--The activities authorized under this
section include--
(1) remote over-the-horizon monitoring operations related to
the active at-sea recovery of spaceflight components on an unmanned
vessel or platform;
(2) procedures for the unaccompanied operation and monitoring
of an unmanned spaceflight recovery vessel or platform; and
(3) unmanned vessel transits and testing operations without a
physical tow line related to space launch and recovery operations,
except within 12 nautical miles of a port.
(d) Interim Authority.--In recognition of potential risks to
navigation safety, vessel security, maritime workers, the public, and
the environment, and the unique circumstances requiring the use of
remotely operated or autonomous vessels, the Secretary, in the pilot
program established under subsection (a), may--
(1) allow remotely controlled or autonomous vessel operations
to proceed consistent to the extent practicable under the proposed
title 33, United States Code, and 46, United States Code, including
navigation and manning laws and regulations;
(2) modify or waive applicable regulations and guidance as the
Secretary considers appropriate to--
(A) allow remote and autonomous vessel at-sea operations
and activities to occur while ensuring navigation safety; and
(B) ensure the reliable, safe, and secure operation of
remotely-controlled or autonomous vessels; and
(3) require each remotely operated or autonomous vessel to be
at all times under the supervision of 1 or more individuals--
(A) holding a merchant mariner credential which is suitable
to the satisfaction of the Coast Guard; and
(B) who shall practice due regard for the safety of
navigation of the autonomous vessel, to include collision
avoidance.
(e) Rule of Construction.--Nothing in this section shall be
construed to authorize the Secretary to--
(1) permit foreign vessels to participate in the pilot program
established under subsection (a);
(2) waive or modify applicable laws and regulations under the
proposed title 33, United States Code, and title 46, United States
Code, except to the extent authorized under subsection (d)(2);
(3) waive or modify applicable laws and regulations under
titles 49 and 51 of the United States Code; or
(4) waive or modify any regulations arising under international
conventions.
(f) Savings Provision.--Nothing in this section may be construed to
authorize the employment in the coastwise trade of a vessel or platform
that does not meet the requirements of sections 12112, 55102, 55103,
and 55111 of title 46, United States Code.
(g) Authority Unaffected.--Nothing in this section shall be
construed to affect, impinge, or alter any authority of the Secretary
of Transportation under titles 49 and 51, United States Code.
(h) Briefings.--The Secretary or the designee of the Secretary
shall brief the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure and
the Committee on Science, Space, and Technology of the House of
Representatives on the program established under subsection (a) on a
quarterly basis.
(i) Report.--Not later than 180 days after the expiration of the
pilot program established under subsection (a), the Secretary shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure and the
Committee on Science, Space, and Technology of the House of
Representatives a final report regarding an assessment of the execution
of the pilot program and implications for maintaining navigation
safety, the safety of maritime workers, and the preservation of the
environment.
(j) GAO Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this section, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the
state of autonomous and remote technologies in the operation of
shipboard equipment and the safe and secure navigation of vessels
in Federal waters of the United States.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) An assessment of commercially available autonomous and
remote technologies in the operation of shipboard equipment and
the safe and secure navigation of vessels during the 10 years
immediately preceding the date of the report.
(B) An analysis of the safety, physical security,
cybersecurity, and collision avoidance risks and benefits
associated with autonomous and remote technologies in the
operation of shipboard equipment and the safe and secure
navigation of vessels, including environmental considerations.
(C) An assessment of the impact of such autonomous and
remote technologies, and all associated technologies, on labor,
including--
(i) roles for credentialed and noncredentialed workers
regarding such autonomous, remote, and associated
technologies; and
(ii) training and workforce development needs
associated with such technologies.
(D) An assessment and evaluation of regulatory requirements
necessary to guide the development of future autonomous,
remote, and associated technologies in the operation of
shipboard equipment and safe and secure navigation of vessels.
(E) An assessment of the extent to which such technologies
are being used in other countries and how such countries have
regulated such technologies.
(F) Recommendations regarding authorization,
infrastructure, and other requirements necessary for the
implementation of such technologies in the United States.
(3) Consultation.--The report required under paragraph (1)
shall include, at a minimum, consultation with the maritime
industry including--
(A) vessel operators, including commercial carriers,
entities engaged in exploring for, developing, or producing
resources, including non-mineral energy resources in its
offshore areas, and supporting entities in the maritime
industry;
(B) shipboard personnel impacted by any change to
autonomous vessel operations, in order to assess the various
benefits and risks associated with the implementation of
autonomous, remote, and associated technologies in the
operation of shipboard equipment and safe and secure navigation
of vessels and the impact such technologies would have on
maritime jobs and maritime manpower;
(C) relevant federally funded research institutions, non-
governmental organizations, and academia; and
(D) the commercial space industry.
(k) Merchant Mariner Credential Defined.--In this section, the term
``merchant mariner credential'' means a merchant mariner license,
certificate, or document that the Secretary is authorized to issue
pursuant to title 46, United States Code.
SEC. 11505. HISTORIC WOOD SAILING VESSELS.
(a) Report on Historic Wood Sailing Vessels.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
evaluating the practicability of the application of section
3306(n)(3)(A)(v) of title 46, United States Code, to historic wood
sailing vessels.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) An assessment of the compliance, as of the date on
which the report is submitted under paragraph (1), of historic
wood sailing vessels with section 3306(n)(3)(A)(v) of title 46,
United States Code.
(B) An assessment of the safety record of historic wood
sailing vessels.
(C) An assessment of any risk that modifying the
requirements under such section would have on the safety of
passengers and crew of historic wood sailing vessels.
(D) An evaluation of the economic practicability of
requiring the compliance of historic wood sailing vessels with
such section and whether such compliance would meaningfully
improve safety of passengers and crew in a manner that is both
feasible and economically practicable.
(E) Any recommendations to improve safety in addition to,
or in lieu of, applying such section to historic wood sailing
vessels.
(F) Any other recommendations as the Comptroller General
determines are appropriate with respect to the applicability of
such section to historic wood sailing vessels.
(G) An assessment to determine if historic wood sailing
vessels could be provided an exemption to such section and the
changes to legislative or rulemaking requirements, including
modifications to section 177.500(q) of title 46, Code of
Federal Regulations (as in effect on the date of enactment of
this Act), that are necessary to provide the Commandant the
authority to make such exemption or to otherwise provide for
such exemption.
(b) Consultation.--In completing the report required under
subsection (a), the Comptroller General may consult with--
(1) the National Transportation Safety Board;
(2) the Coast Guard; and
(3) the maritime industry, including relevant federally funded
research institutions, nongovernmental organizations, and academia.
(c) Waiver for Covered Historic Vessels.--The captain of a port may
waive the requirements of section 3306(n)(3)(A)(v) of title 46, United
States Code, with respect to covered historic vessels for not more than
2 years after the date on which the report required under subsection
(a) is submitted.
(d) Waiver for Other Historic Wood Sailing Vessels.--
(1) In general.--The captain of a port may, upon the request of
the owner or operator of a historic wood sailing vessel that is not
a covered historic vessel, waive the requirements of section
3306(n)(3)(A)(v) of title 46, United States Code, with respect to
the historic wood sailing vessel for not more than 2 years after
date on which the report required under subsection (a) is
submitted, if the captain of the port--
(A) determines that it is technically infeasible for the
historic wood sailing vessel to comply with the requirements
described in section 3306(n)(3)(A)(v) of title 46, United
States Code, due to its age; and
(B) approves the alternative arrangements proposed for the
historic wood sailing vessel in accordance with paragraph (2).
(2) Request and alternative arrangements.--An owner or operator
of a historic wood sailing vessel requesting a waiver under
paragraph (1) shall submit such a request to the captain of a port
that includes the alternative arrangements the owner or operator
will take to ensure an equivalent level of safety, to the maximum
extent practicable, to the requirements under section
3306(n)(3)(A)(v) of title 46, United States Code.
(e) Savings Clause.--Nothing in this section shall limit any
authority available, as of the date of enactment of this Act, to the
captain of a port with respect to safety measures or any other
authority as necessary for the safety of historic wood sailing vessels.
(f) Notice to Passengers.--Any vessel that receives a waiver under
subsection (c) or subsection (d) shall, beginning on the date on which
the requirements under section 3306(n)(3)(v) of title 46, United States
Code, take effect, provide a prominently displayed notice on its
website, ticket counter, and each ticket for a passenger that the
vessel is exempt from meeting the Coast Guard safety compliance
standards concerning egress as described under such section.
(g) Definitions.--In this section:
(1) Covered historic vessels.--The term ``covered historic
vessels'' means each of the following:
(A) Adventuress (Official Number 210877).
(B) American Eagle (Official Number 229913).
(C) Angelique (Official Number 623562).
(D) Heritage (Official Number 649561).
(E) J & E Riggin (Official Number 226422).
(F) Ladona (Official Number 222228).
(G) Lady Washington (Official Number 944970).
(H) Lettie G. Howard (Official Number 222838).
(I) Lewis R. French (Official Number 015801).
(J) Mary Day (Official Number 288714).
(K) Stephen Taber (Official Number 115409).
(L) Victory Chimes (Official Number 136784).
(M) Grace Bailey (Official Number 085754).
(N) Mercantile (Official Number 214388).
(O) Mistress (Official Number 509004).
(P) Wendameen (Official Number 210173).
(2) Historic wood sailing vessel.--The term ``historic wood
sailing vessel'' means a covered small passenger vessel, as defined
in section 3306(n)(5) of title 46, United States Code, that--
(A) has overnight passenger accommodations;
(B) is a wood sailing vessel;
(C) has a hull constructed of wood;
(D) is principally equipped for propulsion by sail, even if
the vessel has an auxiliary means of production;
(E) has no fewer than three masts; and
(F) was constructed before 1986.
SEC. 11506. CERTIFICATES OF NUMBERS FOR UNDOCUMENTED VESSELS.
Section 12304(a) of title 46, United States Code, is amended--
(1) by striking ``shall be pocketsized,''; and
(2) by inserting ``in hard copy or digital form. Any
certificate issued in hard copy under this section shall be
pocketsized. The certificate shall be'' after ``and may be''.
SEC. 11507. COMPTROLLER GENERAL REVIEW AND REPORT ON COAST GUARD
OVERSIGHT OF THIRD-PARTY ORGANIZATIONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
initiate a review that assesses the oversight of the Coast Guard of
third-party organizations.
(b) Elements.--In carrying out the review required under subsection
(a), the Comptroller General shall analyze the following:
(1) Coast Guard use of third-party organizations in the
prevention mission of the Coast Guard and the extent to which the
Coast Guard plans to increase such use to enhance prevention
mission performance, including resource use and specialized
expertise.
(2) The extent to which the Coast Guard has assessed the
potential risks and benefits of using third-party organizations to
support prevention mission activities.
(3) The extent to which the Coast Guard provides oversight of
third-party organizations authorized to support prevention mission
activities.
(c) Report.--Not later than 1 year after initiating the review
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives the results of such review.
SEC. 11508. ARTICULATED TUG-BARGE MANNING.
(a) In General.--Notwithstanding the watch setting requirements set
forth in section 8104 of title 46, United States Code, the Secretary
shall authorize an Officer in Charge, Marine Inspection to issue an
amended certificate of inspection that does not require engine room
watch setting to inspected towing vessels certificated prior to July
19, 2022, forming part of an articulated tug-barge unit, provided that
such vessels are equipped with engineering control and monitoring
systems of a type accepted for no engine room watch setting under a
previously approved minimum safe manning document or certificate of
inspection for articulated tug-barge units.
(b) Definitions.--In this section:
(1) Certificate of inspection.--The term ``certificate of
inspection'' means a certificate of inspection under subchapter M
of chapter I of title 46, Code of Federal Regulations.
(2) Inspected towing vessel.--The term ``inspected towing
vessel'' means a vessel issued a certificate of inspection.
SEC. 11509. FISHING VESSEL SAFETY.
(a) In General.--Chapter 45 of title 46, United States Code, is
amended--
(1) in section 4502(f)(2) by striking ``certain vessels
described in subsection (b) if requested by the owner or operator;
and'' and inserting the following: ``vessels described in
subsection (b) if--
``(A) requested by an owner or operator; or
``(B) the vessel is--
``(i) at least 50 feet overall in length;
``(ii) built before July 1, 2013; and
``(iii) 25 years of age or older; and'';
(2) in section 4503(b) by striking ``Except as provided in
section 4503a, subsection (a)'' and inserting ``Subsection (a)'';
and
(3) by repealing section 4503a.
(b) Alternative Safety Compliance Agreements.--Nothing in this
section or the amendments made by this section shall be construed to
affect or apply to any alternative compliance and safety agreement
entered into by the Coast Guard that is in effect on the date of
enactment of this Act.
(c) Conforming Amendments.--The analysis for chapter 45 of title
46, United States Code, is amended by striking the item relating to
section 4503a.
SEC. 11510. EXEMPTIONS FOR CERTAIN PASSENGER VESSELS.
Notwithstanding any other provision of law, requirements
authorized under sections 3508 and 3509 of title 46, United States
Code, shall not apply to any passenger vessel, as defined in section
2101 of such title --
(1) that carries in excess of 250 passengers;
(2) that is, or was, in operation exclusively within the inland
rivers and internal waters of the United States on voyages inside
the Boundary Line, as defined in section 103 of such title, on or
before July 27, 2030; and
(3) the operators or charterers of which operated any
documented vessels with a coastwise endorsement prior to January 1,
2024.
Subtitle B--Merchant Mariner Credentialing
SEC. 11511. MODERNIZING MERCHANT MARINER CREDENTIALING SYSTEM.
(a) Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commandant shall submit to the
Committees on Commerce, Science, and Transportation and
Appropriations of the Senate, and the Committees on Transportation
and Infrastructure and Appropriations of the House of
Representatives, a report on the financial, human, and information
technology infrastructure resources needed to establish an
electronic merchant mariner licensing and documentation system.
(2) Legislative and regulatory suggestions.--In preparing the
report described in paragraph (1), the Commandant--
(A) shall include recommendations for any legislative or
administrative actions as the Commandant determines necessary
to establish the electronic merchant mariner licensing and
documentation system described in paragraph (1) as soon as
possible; and
(B) may include findings, conclusions, or recommendations
from the study conducted under subsection (b).
(b) Study.--
(1) In general.--In preparing the report required under
subsection (a), the Commandant and the Administrator of the
Maritime Administration, in coordination with the Commander of the
United States Transportation Command, shall conduct a study on the
feasibility of developing and maintaining a database as part of an
electronic merchant mariner licensing and documentation system
that--
(A) contains records with respect to each credentialed
mariner, including credential validity, drug and alcohol
testing results, and information on any final adjudicated
agency action involving a credentialed mariner or regarding any
involvement in a marine casualty; and
(B) maintains such records in a manner that allows data to
be readily accessed by the Federal Government for the purpose
of assessing workforce needs and for the purpose of the
economic and national security of the United States.
(2) Contents.--The study required under paragraph (1) shall--
(A) include an assessment of the resources, including
information technology, and authorities necessary to develop
and maintain the database described in such paragraph;
(B) specifically address ways to protect the privacy
interests of any individual whose information may be contained
within such database, which shall include limiting access to
the database or having access to the database be monitored by,
or accessed through, a member of the Coast Guard; and
(C) address the feasibility of incorporating in such
database a reporting mechanism to alert the Administrator of
the Maritime Administration each time a mariner's credential is
reinstated upon completion of a period of suspension as the
result of a suspension and revocation proceeding under section
7702 of title 46, United States Code, with details about the
violation that led to such suspension.
(c) Electronic Merchant Mariner Licensing and Documentation
System.--Notwithstanding any other provision of law, not later than 2
years after the date of enactment of this Act, the Secretary shall
implement an electronic merchant mariner licensing and documentation
system.
SEC. 11512. ASSESSMENT REGARDING APPLICATION PROCESS FOR MERCHANT
MARINER CREDENTIALS.
(a) In General.--The Secretary shall conduct an assessment to
determine the resources, including personnel and computing resources,
required to reduce the amount of time necessary to process an
application for a merchant mariner credential to not more than 2 weeks
after the date of receipt of such application.
(b) Briefing Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall provide a briefing to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives with the results of the assessment required under
subsection (a).
SEC. 11513. GAO REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare and submit a report to Congress that evaluates the
processes of the National Maritime Center for processing and approving
merchant mariner credentials, as of the date of enactment of this Act.
(b) Contents.--In preparing the report required under subsection
(a), the Comptroller General shall--
(1) analyze the effectiveness of the merchant mariner
credentialing process, as of the date of enactment of this Act;
(2) analyze the backlogs relating to the merchant mariner
credentialing process and the reasons for such backlogs; and
(3) provide recommendations for improving and expediting the
merchant mariner credentialing process, including funding needed to
support improved processing times.
SEC. 11514. MILITARY TO MARINERS ACT OF 2022.
(a) Short Title.--This section may be cited as the ``Military to
Mariners Act of 2022''.
(b) Modification of Sea Service Requirements for Merchant Mariner
Credentials for Veterans and Members of the Uniformed Services.--
(1) Review and regulations.--Notwithstanding any other
provision of law, not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) review and examine--
(i) the timeframes and impediments for veterans and
members of the uniformed services to receive a merchant
mariner credential;
(ii) the classifications of sea service acquired
through training and service as a member of the Uniformed
Services and level of equivalence such service has with
respect to sea service on merchant vessels; and
(iii) the amount of sea service, including percent of
the total time onboard for purposes of equivalent underway
service, that will be accepted as required experience for
all endorsements for applicants for a merchant mariner
credential who are veterans or members of the Uniformed
Services; and
(B) issue new regulations to--
(i) streamline, ensure the accuracy of, and expedite
the transfer, review and acceptance of information
pertaining to training and sea time for applicants for a
merchant mariner credential who are veterans or members of
the Uniformed Services;
(ii) increase the acceptable percentages of time
equivalent to sea service for such applicants pursuant to
findings of the review and examination conducted under
subparagraph (A); and
(iii) reduce burdens and create a means of alternative
compliance to demonstrate instructor competency for
Standards of Training, Certification and Watchkeeping for
Seafarers courses.
(2) Consultation.--In carrying out paragraph (2), the Secretary
shall consult with the National Merchant Marine Personnel Advisory
Committee and shall take into account the present and future needs
of the United States Merchant Marine labor workforce.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the United States Committee on the Marine
Transportation System shall submit to the Committees on Commerce,
Science, and Transportation and Armed Services of the Senate and
the Committees on Transportation and Infrastructure and Armed
Services of the House of Representatives, a report that contains an
update on the activities carried out to implement--
(A) the July 2020 report by the Committee on the Marine
Transportation System to the White House Office of Trade and
Manufacturing Policy on the implementation of Executive Order
13860 (84 Fed. Reg. 8407; relating to supporting the transition
of active duty servicemembers and military veterans into the
Merchant Marine); and
(B) section 3511 of the National Defense Authorization Act
for Fiscal Year 2020 (46 U.S.C. 3702 note).
(c) Assessment of Skillbridge for Employment as a Merchant
Mariner.--The Secretary, in collaboration with the Secretary of
Defense, shall assess the use of the SkillBridge program of the
Department of Defense as a means for transitioning active duty sea
service personnel to employment as merchant mariners.
SEC. 11515. DEFINITIONS.
In this subtitle:
(1) Credentialed mariner.--The term ``credentialed mariner''
means an individual with a merchant mariner credential.
(2) Merchant mariner credential.--The term ``merchant mariner
credential'' has the meaning given such term in section 7510(d) of
title 46, United States Code.
(3) Uniformed services.--The term ``uniformed services'' has
the meaning given the term ``uniformed services'' in section 2101
of title 5, United States Code.
Subtitle C--Other Matters
SEC. 11516. NONOPERATING INDIVIDUAL.
Section 8313(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended
by striking ``the date that is 2 years after the date of the enactment
of this Act'' and inserting ``January 1, 2025''.
SEC. 11517. OCEANOGRAPHIC RESEARCH VESSELS.
(a) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary, shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report detailing
the total number of vessels known or estimated to operate or to have
operated under section 50503 of title 46, United States Code, during
each of the past 10 fiscal years.
(b) Contents.--The report required under subsection (a) shall
include the following elements:
(1) The total number of foreign-flagged vessels known or
estimated to operate or to have operated as oceanographic research
vessels (as such term is defined in section 2101 of title 46,
United States Code) during each of the past 10 fiscal years.
(2) The total number of United States-flagged vessels known or
estimated to operate or to have operated as oceanographic research
vessels (as such term is defined section 2101 of title 46, United
States Code) during each of the past 10 fiscal years.
SEC. 11518. PORT ACCESS ROUTES BRIEFING.
(a) Atlantic Coast Port Access Route.--Not later than 30 days after
the date of enactment of this Act, and not less than every 30 days
thereafter until the requirements of section 70003 of title 46, United
States Code, are fully executed with respect to the Atlantic Coast Port
Access Route, the Secretary shall brief the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on any progress
made to execute such requirements.
(b) Other Coast Port Access Routes.--Not later than 180 days after
the date of enactment of this Act, and not less than every 180 days
thereafter until the requirements of section 70003 of title 46, United
States Code, are fully executed with respect to each of the Alaskan
Arctic, Gulf of Mexico and Pacific Coast port access route studies, the
Secretary shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the status of
each study and the implementation of any recommendations made in each
such study.
SEC. 11519. DEFINITION OF STATELESS VESSEL.
Section 70502(d)(1) of title 46, United States Code, is amended--
(1) in subparagraph (B) by striking ``and'' after the
semicolon;
(2) in subparagraph (C) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) a vessel aboard which no individual, on request of an
officer of the United States authorized to enforce applicable
provisions of United States law, claims to be the master or is
identified as the individual in charge, and that has no other
claim of nationality or registry under paragraph (1) or (2) of
subsection (e).''.
SEC. 11520. LIMITATION ON RECOVERY FOR CERTAIN INJURIES INCURRED IN
AQUACULTURE ACTIVITIES.
(a) In General.--Section 30104 of title 46, United States Code, is
amended--
(1) by inserting ``(a) In General.--'' before the first
sentence; and
(2) by adding at the end the following:
``(b) Limitation on Recovery by Aquaculture Workers.--
``(1) In general.--For purposes of subsection (a), the term
`seaman' does not include an individual who--
``(A) is an aquaculture worker if State workers'
compensation is available to such individual; and
``(B) was, at the time of injury, engaged in aquaculture in
a place where such individual had lawful access.
``(2) Aquaculture worker defined.--In this subsection, the term
`aquaculture worker' means an individual who--
``(A) is employed by a commercial enterprise that is
involved in the controlled cultivation and harvest of aquatic
plants and animals, including--
``(i) the cleaning, processing, or canning of fish and
fish products;
``(ii) the cultivation and harvesting of shellfish; and
``(iii) the controlled growing and harvesting of other
aquatic species;
``(B) does not hold a license issued under section 7101(c);
and
``(C) is not required to hold a merchant mariner credential
under part F of subtitle II.''.
(b) Applicability.--The amendments made by this section shall apply
to an injury incurred on or after the date of enactment of this Act.
SEC. 11521. REPORT ON SECURING VESSELS AND CARGO.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study that assesses the efforts of the Coast Guard with respect to
securing vessels and maritime cargo bound for the United States from
national security related risks and threats.
(b) Elements.--In conducting the study under subsection (a), the
Comptroller General shall assess the following:
(1) Programs of the Coast Guard to secure vessels and maritime
cargo bound for the United States from national security related
risks and threats and the extent to which such programs cover the
critical components of the global supply chain.
(2) The extent to which the Coast Guard has implemented leading
practices in such programs, including the extent to which the Coast
Guard has collaborated with foreign countries or foreign ports that
ship goods to the United States to implement such leading
practices.
(3) The extent to which the Coast Guard has assessed the
effectiveness of such programs.
(c) Report.--Upon completion of the study conducted under
subsection (a), the Comptroller General shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives the results of the study conducted under this section.
SEC. 11522. REPORT ON ENFORCEMENT OF COASTWISE LAWS.
Not later than 1 year of the date of enactment of this Act, the
Commandant shall submit to Congress a report describing any changes to
the enforcement of chapters 121 and 551 of title 46, United States
Code, as a result of the amendments to section 4(a)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) made by section 9503
of the William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
SEC. 11523. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Maritime Administration shall complete the land
conveyance required under section 2833 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
SEC. 11524. PROHIBITION ON ENTRY AND OPERATION.
(a) Prohibition.--
(1) In general.--Except as otherwise provided in this section,
during the period in which Executive Order 14065 (87 Fed. Reg.
10293, relating to blocking certain Russian property or
transactions), or any successor Executive Order is in effect, no
vessel described in subsection (b) may enter or operate in the
navigable waters of the United States or transfer cargo in any port
or place under the jurisdiction of the United States.
(2) Limitations on application.--
(A) In general.--The prohibition under paragraph (1) shall
not apply with respect to a vessel described in subsection (b)
if the Secretary of State determines that--
(i) the vessel is owned or operated by a Russian
national or operated by the government of the Russian
Federation; and
(ii) it is in the national security interest not to
apply the prohibition to such vessel.
(B) Notice.--Not later than 15 days after making a
determination under subparagraph (A), the Secretary of State
shall submit to the Committee on Foreign Affairs and the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Commerce, Science, and Transportation of the
Senate written notice of the determination and the basis upon
which the determination was made.
(C) Publication.--The Secretary of State shall publish a
notice in the Federal Register of each determination made under
subparagraph (A).
(3) Savings clause.--The prohibition under paragraph (1) shall
not apply with respect to vessels engaged in passage permitted
under international law.
(b) Vessels Described.--A vessel referred to in subsection (a) is a
vessel owned or operated by a Russian national or operated by the
government of the Russian Federation.
(c) Information and Publication.--The Secretary, with the
concurrence of the Secretary of State, shall--
(1) maintain timely information on the registrations of all
foreign vessels owned or operated by or on behalf of the Government
of the Russian Federation, a Russian national, or a entity
organized under the laws of the Russian Federation or any
jurisdiction within the Russian Federation; and
(2) periodically publish in the Federal Register a list of the
vessels described in paragraph (1).
(d) Notification of Governments.--
(1) In general.--The Secretary of State shall notify each
government, the agents or instrumentalities of which are
maintaining a registration of a foreign vessel that is included on
a list published under subsection (c)(2), not later than 30 days
after such publication, that all vessels registered under such
government's authority are subject to subsection (a).
(2) Additional notification.--In the case of a government that
continues to maintain a registration for a vessel that is included
on such list after receiving an initial notification under
paragraph (1), the Secretary shall issue an additional notification
to such government not later than 120 days after the publication of
a list under subsection (c)(2).
(e) Notification of Vessels.--Upon receiving a notice of arrival
under section 70001(a)(5) of title 46, United States Code, from a
vessel described in subsection (b), the Secretary shall notify the
master of such vessel that the vessel may not enter or operate in the
navigable waters of the United States or transfer cargo in any port or
place under the jurisdiction of the United States, unless--
(1) the Secretary of State has made a determination under
subsection (a)(2); or
(2) the Secretary allows provisional entry of the vessel, or
transfer of cargo from the vessel, under subsection (f).
(f) Provisional Entry or Cargo Transfer.--Notwithstanding any other
provision of this section, the Secretary may allow provisional entry
of, or transfer of cargo from, a vessel, if such entry or transfer is
necessary for the safety of the vessel or persons aboard.
SEC. 11525. FLOATING DRY DOCKS.
Section 55122(a) of title 46, United States Code, is amended--
(1) in paragraph (1)(C)--
(A) by striking ``2015; and'' and inserting ``2015; or'';
(B) by striking ``(C) was'' and inserting the following:
``(C)(i) was''; and
(C) by adding at the end the following:
``(ii) had a letter of intent for purchase by such shipyard
or affiliate signed prior to such date of enactment; and''; and
(2) in paragraph (2) by inserting ``or, in the case of a dry
dock described in paragraph (1)(C)(ii), occurs between Honolulu,
Hawaii, and Pearl Harbor, Hawaii'' before the period at the end.
SEC. 11526. UPDATED REQUIREMENTS FOR FISHING CREW AGREEMENTS.
Section 10601(b) of title 46, United States Code, is amended--
(1) in paragraph (2) by striking ``and'' after the semicolon;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) in the case of a seaman employed on a vessel that is a
catcher processor or fish processing vessel that employs more than
25 crewmembers, include a requirement that each crewmember shall be
served not less than three meals a day that--
``(A) total not less than 3,100 calories; and
``(B) include adequate water and minerals in accordance
with the United States Recommended Daily Allowances; and''.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND
RESPONSE
SEC. 11601. DEFINITIONS.
(a) In General.--Section 2101 of title 46, United States Code, is
amended--
(1) by redesignating paragraphs (45) through (54) as paragraphs
(47) through (56), respectively; and
(2) by inserting after paragraph (44) the following:
``(45) `sexual assault' means any form of abuse or contact as
defined in chapter 109A of title 18, or a substantially similar
offense under State, local, or Tribal law.
``(46) `sexual harassment' means--
``(A) conduct that--
``(i) involves unwelcome sexual advances, requests for
sexual favors, or deliberate or repeated offensive comments
or gestures of a sexual nature if any--
``(I) submission to such conduct is made either
explicitly or implicitly a term or condition of
employment, pay, career, benefits, or entitlements of
the individual;
``(II) submission to, or rejection, of such conduct
by an individual is used as a basis for decisions
affecting that individual's job, pay, career, benefits,
or entitlements;
``(III) such conduct has the purpose or effect of
unreasonably interfering with an individual's work
performance or creates an intimidating, hostile, or
offensive work environment; or
``(IV) conduct may have been by an individual's
supervisor, a supervisor in another area, a co-worker,
or another credentialed mariner; and
``(ii) is so severe or pervasive that a reasonable
person would perceive, and the victim does perceive, the
environment as hostile or offensive;
``(B) any use or condonation associated with first-hand or
personal knowledge, by any individual in a supervisory or
command position, of any form of sexual behavior to control,
influence, or affect the career, pay, benefits, entitlements,
or employment of a subordinate; and
``(C) any intentional or repeated unwelcome verbal comment
or gesture of a sexual nature towards or about an individual by
the individual's supervisor, a supervisor in another area, a
coworker, or another credentialed mariner.''.
(b) Report.--The Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report describing any changes the Commandant may propose to the
definitions added by the amendments in subsection (a).
(c) Conforming Amendments.--
(1) Authority to exempt certain vessels.--Section 2113(3) of
title 46, United States Code, is amended by striking ``section
2101(51)(A)'' and inserting ``section 2101(53)(A)''.
(2) Uninspected passenger vessels.--Section 4105 of title 46,
United States Code, is amended--
(A) in subsections (b)(1) and (c) by striking ``section
2101(51)'' each place it appears and inserting ``section
2101''; and
(B) in subsection (d) by striking ``section 2101(51)(A)''
and inserting ``section 2101(53)(A)''.
(3) General authority.--Section 1131(a)(1)(E) of title 49,
United States Code, is amended by striking ``section 2101(46)'' and
inserting ``section 116''.
SEC. 11602. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.
(a) In General.--Chapter 75 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 7511. Convicted sex offender as grounds for denial
``(a) Sexual Abuse.--A license, certificate of registry, or
merchant mariner's document authorized to be issued under this part
shall be denied to an individual who has been convicted of a sexual
offense prohibited under--
``(1) chapter 109A of title 18, except for subsection (b) of
section 2244 of title 18; or
``(2) a substantially similar offense under State, local, or
Tribal law.
``(b) Abusive Sexual Contact.--A license, certificate of registry,
or merchant mariner's document authorized to be issued under this part
may be denied to an individual who within 5 years before applying for
the license, certificate, or document, has been convicted of a sexual
offense prohibited under subsection (b) of section 2244 of title 18, or
a substantially similar offense under State, local, or Tribal law.''.
(b) Clerical Amendment.--The analysis for chapter 75 of title 46,
United States Code, is amended by adding at the end the following:
``7511. Convicted sex offender as grounds for denial.''.
SEC. 11603. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR
SUSPENSION OR REVOCATION.
(a) In General.--Chapter 77 of title 46, United States Code, is
amended by inserting after section 7704 the following:
``Sec. 7704a. Sexual harassment or sexual assault as grounds for
suspension or revocation
``(a) Sexual Harassment.--If it is shown at a hearing under this
chapter that a holder of a license, certificate of registry, or
merchant mariner's document issued under this part, within 5 years
before the beginning of the suspension and revocation proceedings, is
the subject of an official finding of sexual harassment, then the
license, certificate of registry, or merchant mariner's document may be
suspended or revoked.
``(b) Sexual Assault.--If it is shown at a hearing under this
chapter that a holder of a license, certificate of registry, or
merchant mariner's document issued under this part, within 10 years
before the beginning of the suspension and revocation proceedings, is
the subject of an official finding of sexual assault, then the license,
certificate of registry, or merchant mariner's document shall be
revoked.
``(c) Official Finding.--
``(1) In general.--In this section, the term `official finding'
means--
``(A) a legal proceeding or agency finding or decision that
determines the individual committed sexual harassment or sexual
assault in violation of any Federal, State, local, or Tribal
law or regulation; or
``(B) a determination after an investigation by the Coast
Guard that, by a preponderance of the evidence, the individual
committed sexual harassment or sexual assault if the
investigation affords appropriate due process rights to the
subject of the investigation.
``(2) Administrative law judge review.--
``(A) Coast guard investigation.--A determination under
paragraph (1)(B) shall be reviewed and affirmed by an
administrative law judge within the same proceeding as any
suspension or revocation of a license, certificate of registry,
or merchant mariner's document under subsection (a) or (b).
``(B) Legal proceeding.--A determination under paragraph
(1)(A) that an individual committed sexual harassment or sexual
assault is conclusive in suspension and revocation
proceedings.''.
(b) Clerical Amendment.--The analysis for chapter 77 of title 46,
United States Code, is amended by inserting after the item relating to
section 7704 the following:
``7704a. Sexual harassment or sexual assault as grounds for suspension
or revocation.''.
SEC. 11604. ACCOMMODATION; NOTICES.
Section 11101 of title 46, United States Code, is amended--
(1) in subsection (a)(3) by striking ``and'' at the end;
(2) in subsection (a)(4) by striking the period at the end and
inserting ``; and'';
(3) in subsection (a) by adding at the end the following:
``(5) each crew berthing area shall be equipped with
information regarding--
``(A) vessel owner or company policies prohibiting sexual
assault and sexual harassment, retaliation, and drug and
alcohol usage; and
``(B) procedures and resources to report crimes, including
sexual assault and sexual harassment, including information--
``(i) on the telephone number, website address, and
email address for reporting allegations of sexual assault
and sexual harassment to the Coast Guard;
``(ii) on vessel owner or company procedures to report
violations of company policy and access resources;
``(iii) on resources provided by outside organizations
such as sexual assault hotlines and counseling;
``(iv) on the retention period for surveillance video
recording after an incident of sexual harassment or sexual
assault is reported; and
``(v) additional items specified in regulations issued
by, and at the discretion of, the Secretary of the
department in which the Coast Guard is operating.''; and
(4) in subsection (d) by adding at the end the following: ``In
each washing space in a visible location there shall be information
regarding procedures and resources to report crimes upon the
vessel, including sexual assault and sexual harassment, and vessel
owner or company policies prohibiting sexual assault and sexual
harassment, retaliation, and drug and alcohol usage.''.
SEC. 11605. PROTECTION AGAINST DISCRIMINATION.
Section 2114(a) of title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) through (G) as
subparagraphs (C) through (H), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) the seaman in good faith has reported or is about to
report to the vessel owner, Coast Guard or other appropriate
Federal agency or department sexual harassment or sexual assault
against the seaman or knowledge of sexual harassment or sexual
assault against another seaman;''; and
(2) in paragraphs (2) and (3) by striking ``paragraph (1)(B)''
and inserting ``paragraph (1)(C)''.
SEC. 11606. ALCOHOL AT SEA.
(a) In General.--The Commandant shall seek to enter into an
agreement with the National Academy of Sciences not later than 1 year
after the date of enactment of this Act under which the National
Academy of Sciences shall prepare an assessment to determine safe
levels of alcohol consumption and possession by crew members aboard
vessels of the United States engaged in commercial service, except when
such possession is associated with the commercial sale to individuals
aboard the vessel who are not crew members.
(b) Assessment.--The assessment prepared pursuant to subsection (a)
shall--
(1) take into account the safety and security of every
individual on the vessel;
(2) take into account reported incidences of sexual harassment
or sexual assault, as defined in section 2101 of title 46, United
States Code; and
(3) provide any appropriate recommendations for any changes to
laws, regulations, or employer policies.
(c) Submission.--Upon completion of the assessment under this
section, the National Academy of Sciences shall submit to the Committee
on Commerce, Science, and Transportation of the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives,
the Commandant, and the Secretary the assessment prepared pursuant to
subsection (a).
(d) Regulations.--The Commandant--
(1) shall, not later than 180 days after receiving the
submission of the assessment under subsection (c), review the
changes to regulations recommended in such assessment; and
(2) taking into account the safety and security of every
individual on vessels of the United States engaged in commercial
service, may issue regulations relating to alcohol consumption on
such vessels.
(e) Savings Clause.--To the extent the Commandant issues
regulations establishing safe levels of alcohol consumption in
accordance with subsection (d), the Commandant may not issue
regulations which prohibit--
(1) the owner or operator of a vessel from imposing additional
restrictions on the consumption of alcohol, including the
prohibition of the consumption of alcohol on such vessels; and
(2) possession of alcohol associated with the commercial sale
to individuals aboard the vessel who are not crew members.
(f) Report Required.--If, by the date that is 2 years after the
receipt of the assessment under subsection (c), the Commandant does not
issue regulations under subsection (d), the Commandant shall provide a
report by such date to the committees described in subsection (c)--
(1) containing the rationale for not issuing such regulations;
and
(2) providing other recommendations as necessary to ensure
safety at sea.
SEC. 11607. SURVEILLANCE REQUIREMENTS.
(a) In General.--Part B of subtitle II of title 46, United States
Code, is amended by adding at the end the following:
``CHAPTER 49--OCEANGOING NON-PASSENGER COMMERCIAL VESSELS
``Sec.
``4901. Surveillance requirements.
``Sec. 4901. Surveillance requirements
``(a) In General.--A vessel engaged in commercial service that does
not carry passengers, shall maintain a video surveillance system.
``(b) Applicability.--The requirements in this section shall apply
to--
``(1) documented vessels with overnight accommodations for at
least 10 individuals on board that are--
``(A) on a voyage of at least 600 miles and crosses seaward
of the Boundary Line; or
``(B) at least 24 meters (79 feet) in overall length and
required to have a load line under chapter 51;
``(2) documented vessels of at least 500 gross tons as measured
under section 14502, or an alternate tonnage measured under section
14302 as prescribed by the Secretary under section 14104 on an
international voyage; and
``(3) vessels with overnight accommodations for at least 10
individuals on board that are operating for no less than 72 hours
on waters superjacent to the outer Continental Shelf (as defined in
section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1331(a)).
``(c) Placement of Video and Audio Surveillance Equipment.--
``(1) In general.--The owner of a vessel to which this section
applies shall install video and audio surveillance equipment aboard
the vessel not later than 2 years after enactment of the Don Young
Coast Guard Authorization Act of 2022, or during the next scheduled
drydock, whichever is later.
``(2) Locations.--Video and audio surveillance equipment shall
be placed in passageways on to which doors from staterooms open.
Such equipment shall be placed in a manner ensuring the visibility
of every door in each such passageway.
``(d) Notice of Video and Audio Surveillance.--The owner of a
vessel to which this section applies shall provide clear and
conspicuous signs on board the vessel notifying the crew of the
presence of video and audio surveillance equipment.
``(e) Access to Video and Audio Records.--The owner of a vessel to
which this section applies shall ensure that access to records of video
and audio surveillance is not used as part of a labor action against a
crew member or employment dispute unless used in a criminal or civil
action.
``(f) Retention Requirements.--The owner of a vessel to which this
section applies shall retain all records of audio and video
surveillance for not less than 1 year after the footage is obtained.
Any video and audio surveillance found to be associated with an alleged
incident should be preserved for not less than 5 years from the date of
the alleged incident.
``(g) Personnel Training.--A vessel owner or employer of a seafarer
shall provide training for all individuals employed by the owner or
employer for the purpose of responding to incidents of sexual assault
or sexual harassment, including--
``(1) such training to ensure the individuals--
``(A) retain audio and visual records and other evidence
objectively; and
``(B) act impartially without influence from the company or
others; and
``(2) training on applicable Federal, State, Tribal, and local
laws and regulations regarding sexual assault and sexual harassment
investigations and reporting requirements.
``(g) Definition of Owner.--In this section, the term `owner' means
the owner, charterer, managing operator, master, or other individual in
charge of a vessel.
``(h) Exemption.--Fishing vessels, fish processing vessels, and
fish tender vessels are exempt from this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle II of
title 46, United States Code, is amended by adding after the item
related to chapter 47 the following:
``49. Oceangoing Non-Passenger Commercial Vessels................4901''.
SEC. 11608. MASTER KEY CONTROL.
(a) In General.--Chapter 31 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 3106. Master key control system
``(a) In General.--The owner of a vessel subject to inspection
under section 3301 shall--
``(1) ensure that such vessel is equipped with a vessel master
key control system, manual or electronic, which provides controlled
access to all copies of the vessel's master key of which access
shall only be available to the individuals described in paragraph
(2);
``(2) establish a list of all crew, identified by position,
allowed to access and use the master key and maintain such list
upon the vessel, within owner records and included in the vessel
safety management system;
``(3) record in a log book information on all access and use of
the vessel's master key, including--
``(A) dates and times of access;
``(B) the room or location accessed; and
``(C) the name and rank of the crew member that used the
master key; and
``(4) make the list under paragraph (2) and the log book under
paragraph (3) available upon request to any agent of the Federal
Bureau of Investigation, any member of the Coast Guard, and any law
enforcement officer performing official duties in the course and
scope of an investigation.
``(b) Prohibited Use.--Crew not included on the list described in
subsection (a)(2) shall not have access to or use the master key unless
in an emergency and shall immediately notify the master and owner of
the vessel following use of such key.
``(c) Requirements for Log Book.--The log book described in
subsection (a)(3) and required to be included in a safety management
system under section 3203(a)(6)--
``(1) may be electronic; and
``(2) shall be located in a centralized location that is
readily accessible to law enforcement personnel.
``(d) Penalty.--Any crew member who uses the master key without
having been granted access pursuant to subsection (a)(2) shall be
liable to the United States Government for a civil penalty of not more
than $1,000 and may be subject to suspension or revocation under
section 7703.
``(e) Exemption.--This section shall not apply to vessels subject
to section 3507(f).''.
(b) Clerical Amendment.--The analysis for chapter 31 of title 46,
United States Code, is amended by adding at the end the following:
``3106. Master key control system.''.
SEC. 11609. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT.
Section 10104 of title 46, United States Code, is amended by
striking subsections (a) and (b) and inserting the following:
``(a) Mandatory Reporting by Responsible Entity of a Vessel.--
``(1) In general.--The responsible entity of a vessel shall
report to the Commandant any complaint or incident of harassment,
sexual harassment, or sexual assault in violation of employer
policy or law, of which such entity is made aware.
``(2) Penalty.--A responsible entity of a vessel who knowingly
fails to report in compliance with paragraph (1) is liable to the
United States Government for a civil penalty of not more than
$50,000.
``(b) Reporting Procedures.--
``(1) Responsible entity of a vessel reporting.--A report
required under subsection (a) shall be made immediately after the
responsible entity of a vessel gains knowledge of a sexual assault
or sexual harassment incident by the fastest telecommunication
channel available to--
``(A) a single entity in the Coast Guard designated by the
Commandant to receive such reports; and
``(B) the appropriate officer or agency of the government
of the country in whose waters the incident occurs.
``(2) Contents.--Such shall include, to the best of the
knowledge of the individual making the report--
``(A) the name, official position or role in relation to
the vessel, and contact information of such individual;
``(B) the name and official number of the documented
vessel;
``(C) the time and date of the incident;
``(D) the geographic position or location of the vessel
when the incident occurred; and
``(E) a brief description of the alleged sexual harassment
or sexual assault being reported.
``(3) Receiving reports; collection of information.--
``(A) Receiving reports.--With respect to reports submitted
under subsection (a), the Commandant--
``(i) may establish additional reporting procedures,
including procedures for receiving reports through--
``(I) a single telephone number that is
continuously manned at all times; and
``(II) a single email address that is continuously
monitored; and
``(ii) shall use procedures that include preserving
evidence in such reports and providing emergency service
referrals.
``(B) Collection of information.--After receipt of the
report made under subsection (a), the Coast Guard shall collect
information related to the identity of each alleged victim,
alleged perpetrator, and any witnesses identified in the report
through means designed to protect, to the extent practicable,
the personal identifiable information of such individuals.
``(c) Subpoena Authority.--
``(1) In general.--The Commandant may compel the testimony of
witnesses and the production of any evidence by subpoena to
determine compliance with this section.
``(2) Jurisdictional limits.--The jurisdictional limits of a
subpoena issued under this section are the same as, and are
enforceable in the same manner as, subpoenas issued under chapter
63 of this title.
``(d) Company After-action Summary.--
``(1) A responsible entity of a vessel that makes a report
under subsection (a) shall--
``(A) submit to the Commandant a document with detailed
information to describe the actions taken by such entity after
becoming aware of the sexual assault or sexual harassment
incident, including the results of any investigation into the
complaint or incident and any action taken against the
offending individual; and
``(B) make such submission not later than 10 days after
such entity made the report under subsection (a).
``(2) Civil penalty.--A responsible entity of a vessel that
fails to comply with paragraph (1) is liable to the United States
Government for a civil penalty of $25,000 and $500 shall be added
for each day of noncompliance, except that the total amount of a
penalty with respect to a complaint or incident shall not exceed
$50,000 per violation.
``(e) Investigatory Audit.--The Commandant shall periodically
perform an audit or other systematic review of the submissions made
under this section to determine if there were any failures to comply
with the requirements of this section.
``(f) Applicability; Regulations.--
``(1) Regulations.-- The Secretary may issue regulations to
implement the requirements of this section.
``(2) Interim reports.--Any report required to be made to the
Commandant under this section shall be made to the Coast Guard
National Command Center, until regulations implementing the
procedures required by this section are issued.
``(g) Definition of Responsible Entity of a Vessel.--In this
section, the term `responsible entity of a vessel' means--
``(1) the owner, master, or managing operator of a documented
vessel engaged in commercial service; or
``(2) the employer of a seafarer on such a vessel.''.
SEC. 11610. SAFETY MANAGEMENT SYSTEM.
(a) Safety Management System.--Section 3203 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) and (6) as paragraphs
(7) and (8); and
(B) by inserting after paragraph (4) the following:
``(5) with respect to sexual harassment and sexual assault,
procedures for, and annual training requirements for all
responsible persons and vessels to which this chapter applies on--
``(A) prevention;
``(B) bystander intervention;
``(C) reporting;
``(D) response; and
``(E) investigation;
``(6) the list required under section 3106(a)(2) and the log
book required under section 3106(a)(3);'';
(2) by redesignating subsections (b) and (c) as subsections (d)
and (e), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Procedures and Training Requirements.--In prescribing
regulations for the procedures and training requirements described in
subsection (a)(5), such procedures and requirements shall be consistent
with the requirements to report sexual harassment or sexual assault
under section 10104.
``(c) Audits.--
``(1) Certificates.--
``(A) Suspension.--During an audit of a safety management
system of a vessel required under section 10104(e), the
Secretary may suspend the Safety Management Certificate issued
for the vessel under section 3205 and issue a separate Safety
Management Certificate for the vessel to be in effect for a 3-
month period beginning on the date of the issuance of such
separate certificate.
``(B) Revocation.--At the conclusion of an audit of a
safety management system required under section 10104(e), the
Secretary shall revoke the Safety Management Certificate issued
for the vessel under section 3205 if the Secretary determines--
``(i) that the holder of the Safety Management
Certificate knowingly, or repeatedly, failed to comply with
section 10104; or
``(ii) other failure of the safety management system
resulted in the failure to comply with such section.
``(2) Documents of compliance.--
``(A) In general.--Following an audit of the safety
management system of a vessel required under section 10104(e),
the Secretary may audit the safety management system of the
responsible person for the vessel.
``(B) Suspension.--During an audit under subparagraph (A),
the Secretary may suspend the Document of Compliance issued to
the responsible person under section 3205 and issue a separate
Document of Compliance to such person to be in effect for a 3-
month period beginning on the date of the issuance of such
separate document.
``(C) Revocation.--At the conclusion of an assessment or an
audit of a safety management system under subparagraph (A), the
Secretary shall revoke the Document of Compliance issued to the
responsible person if the Secretary determines--
``(i) that the holder of the Document of Compliance
knowingly, or repeatedly, failed to comply with section
10104; or
``(ii) that other failure of the safety management
system resulted in the failure to comply with such
section.''.
(b) Verification of Compliance.--Section 3205(c)(1) of title 46,
United States Code, is amended by inserting ``, or upon discovery from
other sources of information acquired by the Coast Guard, including a
discovery made during an audit or systematic review conducted under
section 10104(e) of a failure of a responsible person or vessel to
comply with a requirement of a safety management system for which a
Safety Management Certificate and a Document of compliance has been
issued under this section, including a failure to comply with
regulations prescribed under section 3203(a)(7) and (8),'' after
``periodically''.
SEC. 11611. REPORTS TO CONGRESS.
(a) In General.--Chapter 101 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 10105. Reports to Congress
``(a) In General.--Not later than 1 year after the date of
enactment of the Don Young Coast Guard Authorization Act of 2022, and
on an annual basis thereafter, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report that includes--
``(1) the number of reports received under section 10104;
``(2) the number of penalties issued under such section;
``(3) the number of open investigations under such section,
completed investigations under such section, and the outcomes of
such open or completed investigations;
``(4) the number of assessments or audits conducted under
section 3203 and the outcome of those assessments or audits;
``(5) a statistical analysis of compliance with the safety
management system criteria under section 3203;
``(6) the number of credentials denied or revoked due to sexual
harassment, sexual assault, or related offenses; and
``(7) recommendations to support efforts of the Coast Guard to
improve investigations and oversight of sexual harassment and
sexual assault in the maritime sector, including funding
requirements and legislative change proposals necessary to ensure
compliance with title CXVI of the Don Young Coast Guard
Authorization Act of 2022 and the amendments made by such title.
``(b) Privacy.--In collecting the information required under
subsection (a), the Commandant shall collect such information in a
manner that protects the privacy rights of individuals who are subjects
of such information.''.
(b) Clerical Amendment.--The analysis for chapter 101 of title 46,
United States Code, is amended by adding at the end the following:
``10105. Reports to Congress.''.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
SEC. 11701. DEFINITIONS.
Section 212(b) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3002(b)) is amended by adding at the end the following:
``(8) Under secretary.--The term `Under Secretary' means the
Under Secretary of Commerce for Oceans and Atmosphere.''.
SEC. 11702. REQUIREMENT FOR APPOINTMENTS.
Section 221(c) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3021(c)) is amended by striking ``may not be given'' and inserting the
following: ``may--
``(1) be given only to an individual who is a citizen of the
United States; and
``(2) not be given.''.
SEC. 11703. REPEAL OF REQUIREMENT TO PROMOTE ENSIGNS AFTER 3 YEARS OF
SERVICE.
(a) In General.--Section 223 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3023) is amended to read as follows:
``SEC. 223. SEPARATION OF ENSIGNS FOUND NOT FULLY QUALIFIED.
``If an officer in the permanent grade of ensign is at any time
found not fully qualified, the officer's commission shall be revoked
and the officer shall be separated from the commissioned service.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by striking the item relating to section 223 and inserting
the following:
``Sec. 223. Separation of ensigns found not fully qualified.''.
SEC. 11704. AUTHORITY TO PROVIDE AWARDS AND DECORATIONS.
(a) In General.--Subtitle A of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001
et seq.) is amended by adding at the end the following:
``SEC. 220. AWARDS AND DECORATIONS.
``The Under Secretary may provide ribbons, medals, badges,
trophies, and similar devices to members of the commissioned officer
corps of the Administration and to members of other uniformed services
for service and achievement in support of the missions of the
Administration.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 219 the
following:
``Sec. 220. Awards and decorations.''.
SEC. 11705. RETIREMENT AND SEPARATION.
(a) Involuntary Retirement or Separation.--Section 241(a)(1) of the
National Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002 (33 U.S.C. 3041(a)(1)) is amended to read as follows:
``(1) an officer in the permanent grade of captain or commander
may--
``(A) except as provided by subparagraph (B), be
transferred to the retired list; or
``(B) if the officer is not qualified for retirement, be
separated from service; and''.
(b) Retirement for Age.--Section 243(a) of that Act (33 U.S.C.
3043(a)) is amended by striking ``be retired'' and inserting ``be
retired or separated (as specified in section 1251(e) of title 10,
United States Code)''.
(c) Retirement or Separation Based on Years of Creditable
Service.--Section 261(a) of that Act (33 U.S.C. 3071(a)) is amended--
(1) by redesignating paragraphs (17) through (26) as paragraphs
(18) through (27), respectively; and
(2) by inserting after paragraph (16) the following:
``(17) Section 1251(e), relating to retirement or separation
based on years of creditable service.''.
SEC. 11706. IMPROVING PROFESSIONAL MARINER STAFFING.
(a) In General.--Subtitle E of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3071
et seq.) is amended by adding at the end the following:
``SEC. 269B. SHORE LEAVE FOR PROFESSIONAL MARINERS.
``(a) In General.--The Under Secretary may prescribe regulations
relating to shore leave for professional mariners without regard to the
requirements of section 6305 of title 5, United States Code.
``(b) Requirements.--The regulations prescribed under subsection
(a) shall--
``(1) require that a professional mariner serving aboard an
ocean-going vessel be granted a leave of absence of 4 days per pay
period; and
``(2) provide that a professional mariner serving in a
temporary promotion position aboard a vessel may be paid the
difference between such mariner's temporary and permanent rates of
pay for leave accrued while serving in the temporary promotion
position.
``(c) Professional Mariner Defined.--In this section, the term
`professional mariner' means an individual employed on a vessel of the
Administration who has the necessary expertise to serve in the
engineering, deck, steward, electronic technician, or survey
department.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 269A the
following:
``Sec. 269B. Shore leave for professional mariners.''.
SEC. 11707. LEGAL ASSISTANCE.
Section 1044(a)(3) of title 10, United States Code, is amended by
inserting ``or the commissioned officer corps of the National Oceanic
and Atmospheric Administration'' after ``Public Health Service''.
SEC. 11708. ACQUISITION OF AIRCRAFT FOR AGENCY AIR, ATMOSPHERE, AND
WEATHER RECONNAISSANCE AND RESEARCH MISSION.
(a) Increased Fleet Capacity.--
(1) In general.--The Under Secretary of Commerce for Oceans and
Atmosphere shall acquire adequate aircraft platforms with the
necessary observation and modification requirements--
(A) to meet agency-wide air reconnaissance and research
mission requirements, particularly with respect to hurricanes
and tropical cyclones, and also for atmospheric chemistry,
climate, air quality for public health, full-season fire
weather research and operations, full-season atmospheric river
air reconnaissance observations, and other mission areas; and
(B) to ensure data and information collected by the
aircraft are made available to all users for research and
operations purposes.
(2) Contracts.--In carrying out paragraph (1), the Under
Secretary shall negotiate and enter into 1 or more contracts or
other agreements, to the extent practicable and necessary, with 1
or more governmental or nongovernmental entities.
(b) Acquisition of Aircraft To Replace WP-3D Aircraft.--Subject to
the availability of appropriations, the Under Secretary may enter into
a contract for the acquisition of up to 6 aircraft to replace the WP-3D
aircraft that provides for--
(1) the first newly acquired aircraft to be fully operational
before the retirement of the last WP-3D aircraft operated by the
National Oceanic and Atmospheric Administration; and
(2) the second newly acquired aircraft to be fully operational
not later than 1 year after the first such aircraft is required to
be fully operational under subparagraph (A).
(c) Acquisition of Aircraft to Replace End of Life-cycle
Aircraft.--Subject to the availability of appropriations, the Under
Secretary shall maintain the ability of the National Oceanic and
Atmospheric Administration to meet agency air reconnaissance and
research mission requirements by acquiring new aircraft prior to the
end of the service life of the aircraft being replaced with sufficient
lead time that the replacement aircraft is fully operation prior to the
retirement of the aircraft it is replacing.
(d) Authorization of Appropriations.--For fiscal year 2023, there
is authorized to be appropriated to the Under Secretary $800,000,000
for the acquisition of aircraft under this section.
SEC. 11709. REPORT ON PROFESSIONAL MARINER STAFFING MODELS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure
and the Committee on Natural Resources of the House of Representatives
a report on staffing issues relating to professional mariners within
the Office of Marine and Aviation Operations of the National Oceanic
and Atmospheric Administration.
(b) Elements.--In conducting the report required under subsection
(a), the Comptroller General shall consider--
(1) the challenges the Office of Marine and Aviation Operations
faces in recruiting and retaining qualified professional mariners;
(2) workforce planning efforts to address such challenges; and
(3) other models or approaches that exist, or are under
consideration, to provide incentives for the retention of qualified
professional mariners.
(c) Professional Mariner Defined.--In this section, the term
``professional mariner'' means an individual employed on a vessel of
the National Oceanic and Atmospheric Administration who has the
necessary expertise to serve in the engineering, deck, steward, or
survey department.
Subtitle B--Other Matters
SEC. 11710. CONVEYANCE OF CERTAIN PROPERTY OF NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION IN JUNEAU, ALASKA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City and Borough of
Juneau, Alaska.
(2) Master plan.--The term ``Master Plan'' means the Juneau
Small Cruise Ship Infrastructure Master Plan released by the Docks
and Harbors Board and Port of Juneau for the City and dated March
2021.
(3) Property.--The term ``Property'' means the parcel of real
property consisting of approximately 2.4 acres, including
tidelands, owned by the United States and under administrative
custody and control of the National Oceanic and Atmospheric
Administration and located at 250 Egan Drive, Juneau, Alaska,
including any improvements thereon that are not authorized or
required by another provision of law to be conveyed to a specific
individual or entity.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Commerce, acting through the Under Secretary of Commerce for Oceans
and Atmosphere and the Administrator of the National Oceanic and
Atmospheric Administration.
(b) Conveyance Authorized.--
(1) In general.--The Secretary may convey, at fair market
value, all right, title, and interest of the United States in and
to the Property, subject to the restrictions in subsections (b)(2)
and (c) and the requirements of this section.
(2) Restriction.--The Secretary may not take action under this
section until the Commandant notifies the Secretary in writing that
the Coast Guard does not have an interest in acquiring the
property, or a period of 180 calendar days expires following the
date of enactment of this section.
(3) Notification expiration.--If, the Secretary has not
received notification under paragraph (2) at the end of the 180
calendar day period, the Secretary and the Commandant shall notify
the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate in writing that no
notification has been received.
(4) Termination of authority.--The authority provided under
paragraph (1) shall terminate on the date that is 3 years after the
date of the enactment of this Act.
(c) Transfer of Property to Coast Guard.--
(1) In general.--If not later than 180 calendar days after the
date of enactment of this Act the Commandant notifies the Secretary
that the Coast Guard has an interest in the Property, the Secretary
shall transfer the Property to the Coast Guard.
(2) Transfer.--Any transfer performed pursuant to this
subsection shall--
(A) occur not later than 1 year of any written notification
required under paragraph (1);
(B) include within the transfer from the Department of
Commerce to the Coast Guard all legal obligations attached to
ownership or administrative control of the Property, interest
therein, or improvements thereto, including environmental
compliance and restoration liabilities and historical
preservation liabilities and responsibilities;
(C) be at no cost to the Department of Commerce, to include
all land survey costs;
(D) not affect or limit any remaining real property
interests held by the Department of Commerce on any real
property subject to such transfer; and
(E) be accompanied by a memorandum of agreement between the
Coast Guard and the Department of Commerce to require the
Commandant to allow--
(i) future access to, and use of, the Property,
including use of available pier space, to accommodate the
reasonable expectations of the Secretary for future
operational and logistical needs in southeast Alaska; and
(ii) continued access to, and use of, existing
facilities on the Property, including a warehouse and
machine shop, unless the Commandant determines that the
Property on which the facilities are located is needed to
support polar operations, at which time the Coast Guard
shall provide the Department of Commerce access to and use
of comparable space in reasonable proximity to the existing
facilities.
(d) Right of First Refusal.--If the Coast Guard does not transfer
the Property under subsection (c), the City shall have the right of
first refusal with respect to the purchase, at fair market value, of
the Property.
(e) Survey.--The exact acreage and legal description of the
Property shall be determined by a survey satisfactory to the Secretary.
(f) Condition; Quitclaim Deed.--If the Property is conveyed under
subsection (b)(1), the Property shall be conveyed--
(1) in an ``as is, where is'' condition; and
(2) via a quitclaim deed.
(g) Fair Market Value.--
(1) In general.--The fair market value of the Property shall
be--
(A) determined by an appraisal that--
(i) is conducted by an independent appraiser selected
by the Secretary; and
(ii) meets the requirements of paragraph (2); and
(B) adjusted, at the Secretary's discretion, based on the
factors described in paragraph (3).
(2) Appraisal requirements.--An appraisal conducted under
paragraph (1)(A) shall be conducted in accordance with nationally
recognized appraisal standards, including the Uniform Standards of
Professional Appraisal Practice.
(3) Factors.--The factors described in this paragraph are--
(A) matters of equity and fairness;
(B) actions taken by the City regarding the Property, if
the City exercises the right of first refusal under subsection
(d), including--
(i) comprehensive waterfront planning, site
development, and other redevelopment activities supported
by the City in proximity to the Property in furtherance of
the Master Plan;
(ii) in-kind contributions made to facilitate and
support use of the Property by governmental agencies; and
(iii) any maintenance expenses, capital improvement, or
emergency expenditures made necessary to ensure public
safety and access to and from the Property; and
(C) such other factors as the Secretary considers
appropriate.
(h) Costs of Conveyance.--If the City exercises the right of first
refusal under subsection (d), all reasonable and necessary costs,
including real estate transaction and environmental documentation
costs, associated with the conveyance of the Property to the City under
this section may be shared equitably by the Secretary and the City, as
determined by the Secretary, including with the City providing in-kind
contributions for any or all of such costs.
(i) Proceeds.--Any proceeds from a conveyance of the Property under
subsection (b)(1) shall--
(1) be credited as discretionary offsetting collections to the
applicable appropriations accounts or funds of the National Oceanic
and Atmospheric Administration that exists as of the date of
enactment of this Act; and
(2) be used to cover costs associated with the conveyance of
the Property, related relocation efforts, and other facility and
infrastructure projects in Alaska and shall be made available for
such purposes only to the extent and in the amounts provided in
advance in appropriations Acts.
(j) Memorandum of Agreement.--If the City exercises the right of
first refusal under subsection (d), before finalizing a conveyance to
the City under this section, the Secretary and the City shall enter
into a memorandum of agreement to establish the terms under which the
Secretary shall have future access to, and use of, the Property to
accommodate the reasonable expectations of the Secretary for future
operational and logistical needs in southeast Alaska.
(k) Reservation or Easement for Access and Use.--The conveyance
authorized under subsection (b)(1) shall be subject to a reservation
providing, or an easement granting, the Secretary, at no cost to the
United States, a right to access and use the Property that--
(1) is compatible with the Master Plan; and
(2) authorizes future operational access and use by other
Federal, State, and local government agencies that have customarily
used the Property.
(l) Liability.--In the event that the Property is conveyed to the
City of Juneau the following shall apply:
(1) After conveyance.--An individual or entity to which a
conveyance is made under this section shall hold the United States
harmless from any liability with respect to activities carried out
on or after the date and time of the conveyance of the Property.
(2) Before conveyance.--The United States shall remain
responsible for any liability the United States incurred with
respect to activities carried out by the United States on the
Property before the date and time of the conveyance of the
Property.
(m) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with a conveyance
under this section as the Secretary considers appropriate and
reasonable to protect the interests of the United States.
(n) Environmental Compliance.--Nothing in this section shall be
construed to affect or limit the application of or obligation to comply
with any applicable environmental law, including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); or
(2) section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
(o) Conveyance Not a Major Federal Action.--A conveyance under this
section shall not be considered a major Federal action for purposes of
section 102(2) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)).
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 11801. TERMS AND VACANCIES.
(a) In General.--Section 46101(b) of title 46, United States Code,
is amended by--
(1) in paragraph (2)--
(A) by striking ``one year'' and inserting ``2 years''; and
(B) by striking ``2 terms'' and inserting ``3 terms''; and
(2) in paragraph (3)--
(A) by striking ``of the individual being succeeded'' and
inserting ``to which such individual is appointed'';
(B) by striking ``2 terms'' and inserting ``3 terms''; and
(C) by striking ``the predecessor of that'' and inserting
``such''.
(b) Applicability.--The amendments made by this section shall not
apply to Commissioners to whom section 403(b) of the Howard Coble Coast
Guard and Maritime Transportation Act of 2014 (Public Law 113-281)
applies.
SEC. 11802. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
Section 3507(k)(1) of title 46, United States Code, is amended--
(1) in subparagraph (A) by striking ``at least 250'' and
inserting ``250 or more''; and
(2) by striking subparagraph (B) and inserting the following:
``(B) has overnight accommodations for 250 or more
passengers; and''.
SEC. 11803. TECHNICAL CORRECTIONS.
(a) Section 319(b) of title 14, United States Code, is amended by
striking ``section 331 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note)'' and inserting ``section 44801 of title 49''.
(b) Section 1156(c) of title 14, United States Code, is amended by
striking ``section 331 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note)'' and inserting ``section 44801 of title 49''.
SEC. 11804. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL TECHNICAL
AMENDMENTS.
(a) In General.--Section 70105 of title 46, United States Code, is
amended--
(1) in the section heading by striking ``security cards'' and
inserting ``worker identification credentials'';
(2) by striking ``transportation security card'' each place it
appears and inserting ``transportation worker identification
credential'';
(3) by striking ``transportation security cards'' each place it
appears and inserting ``transportation worker identification
credentials'';
(4) by striking ``card'' each place it appears and inserting
``credential'';
(5) in the heading for subsection (b) by striking ``Cards'' and
inserting ``Credentials'';
(6) in subsection (g) by striking ``Assistant Secretary of
Homeland Security for'' and inserting ``Administrator of'';
(7) by striking subsection (i) and redesignating subsections
(j) and (k) as subsections (i) and (j), respectively;
(8) by striking subsection (l) and redesignating subsections
(m) through (q) as subsections (k) through (o), respectively;
(9) in subsection (j), as so redesignated--
(A) in the subsection heading by striking ``Security Card''
and inserting ``Worker Identification Credential''; and
(B) in the heading for paragraph (2) by striking ``security
cards'' and inserting ``worker identification credential'';
(10) in subsection (k)(1), as so redesignated, by striking
``subsection (k)(3)'' and inserting ``subsection (j)(3)'';
(11) by striking paragraph (4) of subsection (k), as so
redesignated; and
(12) in subsection (o), as so redesignated--
(A) in the subsection heading by striking ``Security Card''
and inserting ``Worker Identification Credential'';
(B) in paragraph (1)--
(i) by striking ``subsection (k)(3)'' and inserting
``subsection (j)(3)''; and
(ii) by striking ``This plan shall'' and inserting
``Such receipt and activation shall''; and
(C) in paragraph (2) by striking ``on-site activation
capability'' and inserting ``on-site receipt and activation of
transportation worker identification credentials''.
(b) Clerical Amendment.--The analysis for chapter 701 of title 46,
United States Code, is amended by striking the item related to section
70105 and inserting the following:
``70105. Transportation worker identification credentials.''.
(c) Limitation on Implementation.--The Secretary may not implement
the rule entitled ``Transportation Worker Identification Credential
(TWIC)-Reader Requirements'' (81 Fed. Reg. 57651) for covered
facilities before May 8, 2026.
(d) Covered Facilities Defined.--In this section, the term
``covered facilities'' means--
(1) facilities that handle Certain Dangerous Cargoes in bulk
and transfer such cargoes from or to a vessel;
(2) facilities that handle Certain Dangerous Cargoes in bulk,
but do not transfer it from or to a vessel; and
(3) facilities that receive vessels carrying Certain Dangerous
Cargoes in bulk but, during the vessel-to-facility interface, do
not transfer it from or to the vessel.
SEC. 11805. REINSTATEMENT.
(a) Reinstatement.--The text of section 12(a) of the Act of June
21, 1940 (33 U.S.C. 522(a)), popularly known as the ``Truman-Hobbs
Act'', is--
(1) reinstated as it appeared on the day before the date of the
enactment of section 8507(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 4754); and
(2) redesignated as the sole text of section 12 of the Act of
June 21, 1940 (33 U.S.C. 522).
(b) Effective Date.--The provision reinstated under subsection (a)
shall be treated as if such section 8507(b) had never taken effect.
(c) Conforming Amendment.--The provision reinstated under
subsection (a) is amended by striking ``, except to the extent provided
in this section''.
SEC. 11806. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation for this Act'', submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 11807. TECHNICAL AMENDMENT.
(a) In General.--Section 6304 of title 46, United States Code, is
amended--
(1) by striking ``subpena'' and inserting ``subpoena'' each
place it appears; and
(2) in subsection (d) by striking ``subpenas'' and inserting
``subpoenas''.
(b) Clerical Amendment.--The analysis for chapter 63 of title 46,
United States Code, is amended by striking the item relating to section
6304 and inserting the following:
``6304. Subpoena authority.''.
SEC. 11808. LIGHTHOUSE SERVICE AMENDMENTS.
(a) Repeals.--The following provisions are repealed:
(1) Sections 1, 2, and 3 of the Act of March 6, 1896 (33 U.S.C.
474).
(2) Section 4 of the Act of June 17, 1910 (33 U.S.C. 711; 721).
(3) The first sentence of section 2 of the Act of July 27, 1912
(33 U.S.C. 712).
(4) Section 10 of the Act of June 17, 1910 (33 U.S.C. 713).
(5) Section 6 of the Act of June 17, 1910 (33 U.S.C. 714).
(6) Section 5 of the Act of June 17, 1910 (33 U.S.C. 715).
(7) Section 4679 of the Revised Statutes.
(8) Section 4 of the Act of May 14, 1908 (33 U.S.C. 737).
(9) The first sentence of the sixteenth paragraph of the
section entitled ``Coast Guard'' under the heading ``Treasury
Department'' of the Act of June 5, 1920 (33 U.S.C. 738).
(10) Section 7 of the Act of June 20, 1918 (33 U.S.C. 744).
(11) Section 2 of the Act of May 13, 1938 (33 U.S.C. 748a).
(12) The Act of June 15, 1938 (33 U.S.C. 752b).
(13) The last proviso of the second paragraph of the section
entitled ``Lighthouse Service'' under the heading ``Department of
Commerce'' of the Act of November 4, 1918 (33 U.S.C. 763).
(14) Section 7 of the Act of June 6, 1940 (33 U.S.C. 763a-2).
(15) The last paragraph of the section entitled ``Lighthouse
Service'' under the heading ``Department of Commerce'' of the Act
of March 4, 1921 (33 U.S.C. 764).
(16) Sections 1 and 2 of the Act of March 4, 1925 (33 U.S.C.
765; 766).
(17) Section 5 of the Act of August 19, 1950 (33 U.S.C. 775).
(18) Subchapter III of chapter 25 of title 14, United States
Code, and the items relating to such subchapter in the analysis for
chapter 25 of such title.
(b) Operation of Repeals.--The repeals under paragraphs (5) and (6)
of subsection (a) shall not affect the operation of section 103 of
title 14, United States Code.
(c) Transfer.--Chapter 313 of the Act of September 15, 1922 is
transferred to appear at the end of subchapter III of chapter 5 of
title 14, United States Code, redesignated as section 548 of such
title, and amended--
(1) by striking ``That hereafter the Commissioner of
Lighthouses'' and insert ``The Commandant of the Coast Guard''; and
(2) by striking ``Lighthouse Service'' and inserting ``Coast
Guard''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.